Computer-Related Offenses in the Digital Age

The internet and the advent of the smartphone has led to many more potential opportunities to be charged with a criminal offense. Law enforcement has numerous units that are aimed at detecting and policing cyber crimes. Any conviction on these charges could lead to significant consequences and a potential jail sentence. These cases often involve a complex set of facts that may require a strategic legal defense. Contact the experienced criminal defense attorneys at Hogan Eickhoff if you have been charged with crimes involving a computer, the internet or social media.

Here are some common offenses that authorities may charge for crimes related to a computer:

Child Pornography

Wisconsin law makes it illegal to knowingly possess or send sexually explicit images of a minor. Sexually explicit images can include a wide range of pictures and images. Child pornography is a very serious crime, and it is charged in Wisconsin as a Class D felony. A conviction can result in a jail sentence of up to 25 years under state law. Child pornography can also be charged as a federal crime, and it can be punished with up to life in prison.

Sending Obscene Images

Under Wisconsin law, there is a possibility that you may be charged with the crime of obscenity if you send an unsolicited image of yourself to someone else. Everything depends on the facts and circumstances of the situation. You would certainly be charged with a crime if the image was sent to someone under the age of 18. Wisconsin law states that:

Whoever sends an unsolicited electronic mail solicitation to a person that contains obscene material or a depiction of sexually explicit conduct without including the words “ADULT ADVERTISEMENT” in the subject line of the electronic mail solicitation is guilty of a Class A misdemeanor.”

Solicitation

Authorities are often running stings to catch people who are soliciting prostitution, as it is still illegal in practically every jurisdiction. They may be present on certain websites, posing as prostitutes. The act of solicitation may be enough for you to be charged with a crime. Solicitation of prostitution may be charged as a Class H felony, which is punishable by up to six years in prison.

Harassment

You do not have the right to say anything to anyone at any time that you want when using a computer. Although there is no specific law about cyberstalking in Wisconsin, you can be charged with the broader crime of an unlawful use of a computer system. You can face charges by sending offensive, threatening, lewd, or irritating online messages to another person with the intent to frighten, threaten, abuse, harass, or intimidate them. The use of a computer could also result in cyberstalking charges when it is intended to cause distress to another person and knows that the conduct could cause another person to suffer emotional or physical harm.

Fraud

Fraud is one of the most commonly charged computer crimes. Perpetrators may use a computer to commit many types of fraud. Generally, fraud is generally defined as the use of deception or artifice to obtain property that is not legally yours. Different types of online fraud may include:

• Bank fraud
• Credit card fraud
• Identity fraud
• Hacking

Wire Fraud

The primary offense that authorities are investigating may not be a computer crime itself. However, your device may contain evidence of any alleged crime. If you have used a computer to facilitate the commission of a crime, you may face additional penalties. Authorities could charge you with wire fraud for the use of a digital device while committing a crime. They may even elect not to charge you with the underlying crime and could go straight for wire fraud charges because they can carry serious penalties.

Your movements online are subject to monitoring by the authorities. As much as you think that you have an expectation of privacy when you are online, the law often says otherwise. You can count on your digital footprint being tracked if your activities raise any suspicion on the part of the authorities. They may conduct a sting operation to detect illegal activities. If law enforcement suspects that you have engaged in criminal activity, they could even obtain a search warrant for your device. They may be able to take your mobile device or subpoena your cell phone records.

If you have been charged with a computer crime, there are various complex issues that may come into play. If the authorities have caught you in an online sting, you may be able to argue entrapment. This defense is used when you have been induced to commit a crime that you otherwise would not have committed. Authorities may try to pressure you to do something, even after you have already said no.

Another common issue is whether law enforcement actually had the right to seize and search your computer. To do so, authorities would need to establish probable cause that a crime was either committed or is in progress. Unless an exception applies, law enforcement would need to obtain a warrant that is based on probable cause. Law enforcement may have wrongfully relied on an exception to the warrant requirement to take your device, or they may have exceeded the scope of their warrant. If you are successfully able to challenge a search, the evidence obtained from it (as well as the “fruit of the poisonous tree”) may be suppressed and not able to be used against you.

Contact an Appleton Criminal Defense Attorney Today

If you have been charged with a computer crime, or any other criminal offense, you need immediate legal help from a criminal defense lawyer. When you hire a lawyer, they can get to the bottom of your case and help determine whether you have any defenses or negotiate the best possible plea bargain on your behalf. Schedule a free initial consultation with the criminal defense lawyers at Hogan Eickhoff by calling us today at (920) 450-9800 or by contacting us online.