The Internet is the latest frontier for law enforcement officials. The majority of Internet sex crimes involve people who are underage, dealing in videos of child pornography, or using the Internet to set up sexual contacts with children. Approximately 2,500 people are arrested every year in the US for Internet sex crimes involving minors. About 25% of those arrests involve officers working undercover.
Child pornography has exploded since the Internet was born in the mid 1990s. Child pornography can be found through all types of Internet technology today, including websites, email, IMs, newsgroups, bulletin boards and social networks.
Internet Sex Crime Laws
Both federal and state laws make it a crime to engage in any type of sexual-related contact with a minor, who is under the age of 18, on the Internet. This includes sending photographs, texts, emails or any form of communication that is sexual in nature.
Federal and state law also prohibit the production, possession, distribution or sale of pornographic material that show a minor under 18 in a sexual way. Child pornography laws now are being used by states and the federal government to punish using computers and the Internet to obtain, share and distribute any sexual-related material involving minors.
Note that images of child pornography are not protected by the First Amendment. The federal legal definition of child pornography, online or in print form, does not mean that there has to be an image of the child engaging in some form of sex. A picture of a naked child can be viewed as pornography if it is sexually suggestive.
Luring minors on the Internet through any enticement to commit sexual abuse is defined as a second degree felony in most states. The minor has to be below the legal age for that state; in most cases, this is 18. The prosecution has to prove that the perpetrator was soliciting a person who was under 18 years of age. Some type of attempt needs to have been made to entice the person. The intent to commit a crime with a minor also must be proven, as well as using the Internet to commit the crime.
It is important to understand that societal pressure in the US in recent years has caused the federal government to put substantial resources into investigating and prosecuting sexual offenses that occur online. Thus, the number of federal prosecutions and convictions for Internet sex crimes has gone up. Many of these offenses may not even involve a specific victim, but the consequences of being convicted as a federal Internet sex offender are devastating. Not only will you be sent to prison, fined and forced to register as a sex offender. You also will lose any property that was associated with the crime.
Internet sex crimes can occur in a multitude of ways. They can range from viewing and distributing images online who are engaged in sexual activity, to using the Internet to meet and/or arrange to meet others for some type of illegal sexual activity.
Huge amounts of money from the US government are allowing investigations by potential criminal offenses to be done by local law enforcement. The investigations are sophisticated and aggressive.
Some cities have an entire Internet Crimes Against Children unit that can investigate not just crimes in that city and state, but also as part of the ICAC Task Force. The task force is funded with federal tax dollars, and allows various law enforcement agencies to work with one another to investigate Internet sex crimes cases across state lines.
Any person accused of an Internet sex crime against a minor must seek immediate representation by an experienced federal defense attorney.
Internet Sex Crime Punishment
A first time offender who is caught engaging in a sex crime online, or handling or producing child pornography, can get up to 15-30 years in prison. Note that sex crime offenders may be prosecuted under both federal and state laws.
It has been reported that the length of federal Internet sex crime and child pornography sentences has gone up 500% in the last 15 years.
As with the majority of sex crimes, sex offender registration is required in most US states. All sex offenders have to register based upon stipulations in the state in which the crimes was committed, and various types of identifying information has to be provided for the registration. Depending upon the crime and state, registration can be for many years or for life. Also, sex offenders are required to register where they live when they go to a new state.
Megan’s Law
Each state has variations of Megan’s Law, but the guidelines may be different based upon various factors. The guidelines administer the extent to which sex offender personal information can be viewed by the public. Some states mandate that there be registration via a database that can be accessed by the public. Others have an Internet registration system that is only accessible to limited parties. Notifications of new sex offenders in a community are frequently made available to the community to which he or she is moving.
Internet Sex Crime Statute of Limitations
The federal statute 18 USC 3282 notes that no one may be prosecuted and jailed for a non capital offense, if the indictment occurs more than five years after the commission of the alleged crime. This includes child pornography and Internet sex crimes.
Internet Sex Crime Cases
While Internet sex crime and child pornography are terrible things and should be harshly punished, some of the stricter laws have led to some unusual cases. In the cases below, it is debatable if the defendant should be charged with a sex crime:
- A 19 year-old high school student sent images of his naked, underage girlfriend by cell phone. He was charged with child pornography and production.
- A high school senior who was 18 had consensual sex with his 14 year old girlfriend. He was charged with rape.
- A man who was 22 years-old made a consensual home video of sex with his girlfriend who was 17 years-old. He put the video on his computer. He was charged with an Internet sex crime of child pornography production.
Internet Sex Crime Cases
- Augusta GA Man Charged With Internet Sex Crime – A man from Augusta GA was arrested last week related to an Internet sex crime in Colorado.
- NJ Court Bans Sex Offenders from Social Media – A state appeals court in New Jersey ruled that sex offenders on parole may not use social media, including Facebook, LinkedIn and Twitter.
- Louis Man Posts Online Ad For Partner in Sexual Assault on Minor – A 32 year-old man solicited an adult online to sexually assault his 11 year-old relative.
- Ohio Man Indicted on 38 Counts of Internet Sex Crimes – A man is being held at the regional jail in Nelsonville OH after 300 nude images of children were found on his computer by the sheriff’s office.
Internet Sex Crimes Laws By State
Internet sex crimes encompass a variety of illegal activities conducted online, including but not limited to child pornography, solicitation of minors, and human trafficking. The specifics and penalties for internet sex crimes vary by state:
Under Code of Alabama Section 13A-6-110:
- Internet sex crimes, including child exploitation and solicitation of a minor, are Class B felonies, punishable by up to 20 years in prison and fines up to $30,000.
Under Alaska Stat. Section 11.41.452:
- Internet sex crimes involving minors are Class B felonies, punishable by up to 10 years in prison and fines up to $100,000.
Under A.R.S. Section 13-3553:
- Child pornography and other internet sex crimes are Class 2 felonies, punishable by up to 12.5 years in prison and significant fines.
Under Ark. Code Ann. Section 5-27-602:
- Internet sex crimes, including the possession of child pornography, are Class B felonies, punishable by up to 20 years in prison and fines up to $15,000.
Under California Penal Code Section 311.11:
- Possession and distribution of child pornography can be felonies, punishable by up to 8 years in prison and fines up to $100,000.
Under Colo. Rev. Stat. Section 18-6-403:
- Internet exploitation of a child is a Class 4 felony, punishable by up to 6 years in prison and fines up to $500,000.
Under Connecticut General Statutes Section 53a-196:
- Possession of child pornography and other internet sex crimes are Class B felonies, punishable by up to 20 years in prison and fines up to $15,000.
Under Title 11, Section 1108:
- Internet sex crimes, including solicitation of a minor, are Class C felonies, punishable by up to 15 years in prison and fines determined by the court.
Under Florida Statutes Section 847.0135:
- Online solicitation of a minor is a third-degree felony, punishable by up to 5 years in prison and fines up to $5,000.
Under Georgia Code Section 16-12-100:
- Internet sex crimes involving minors are felonies, punishable by up to 20 years in prison and fines up to $100,000.
Under Hawaii Revised Statutes Section 707-752:
- Electronic enticement of a child is a Class B felony, punishable by up to 10 years in prison and fines up to $25,000.
Under Idaho Code Section 18-1507:
- Possession of sexually exploitative material is a felony, punishable by up to 10 years in prison and fines up to $10,000.
Under Illinois Compiled Statutes 720 ILCS 5/11-20.1:
- Child pornography and other internet sex crimes are Class X felonies, punishable by up to 30 years in prison and fines up to $100,000.
Under Indiana Code Section 35-42-4-4:
- Child exploitation and other internet sex crimes are Level 4 felonies, punishable by up to 12 years in prison and fines up to $10,000.
Under Iowa Code Section 728.12:
- Exploitation of a minor and other internet sex crimes are Class C felonies, punishable by up to 10 years in prison and fines up to $10,000.
Under Kansas Statutes Section 21-5510:
- Electronic solicitation of a child is a severity level 3 felony, punishable by up to 20 years in prison and fines up to $300,000.
Under Kentucky Revised Statutes Section 531.335:
- Possession of child pornography is a Class D felony, punishable by up to 5 years in prison and fines determined by the court.
Under Louisiana Revised Statutes Section 14:81.3:
- Computer-aided solicitation of a minor is a felony, punishable by up to 10 years in prison and fines up to $10,000.
Under Maine Revised Statutes Title 17-A, Section 259-A:
- Sexual exploitation of a minor is a Class B crime, punishable by up to 10 years in prison and fines up to $20,000.
Under Maryland Code Section 3-324:
- Solicitation of a minor and other internet sex crimes are felonies, punishable by up to 10 years in prison and fines up to $25,000.
Under Massachusetts General Laws Chapter 272, Section 29B:
- Possession of child pornography and other internet sex crimes are felonies, punishable by up to 20 years in prison and fines up to $50,000.
Under Michigan Compiled Laws Section 750.145c:
- Child sexually abusive activity and other internet sex crimes are felonies, punishable by up to 20 years in prison and fines up to $100,000.
Under Minnesota Statutes Section 617.247:
- Possession of child pornography is a felony, punishable by up to 15 years in prison and fines up to $40,000.
Under Mississippi Code Section 97-5-33:
- Exploitation of a child is a felony, punishable by up to 40 years in prison and fines up to $500,000.
Under Missouri Revised Statutes Section 573.023:
- Possession of child pornography is a Class B felony, punishable by up to 15 years in prison and fines up to $20,000.
Under Montana Code Annotated Section 45-5-625:
- Sexual abuse of children is a felony, punishable by up to 100 years in prison and fines up to $50,000.
Under Nebraska Revised Statutes Section 28-1463.03:
- Possession of child pornography is a Class IIA felony, punishable by up to 20 years in prison and fines up to $25,000.
Under Nevada Revised Statutes Section 200.730:
- Possession of child pornography is a Category B felony, punishable by up to 10 years in prison and fines up to $50,000.
Under New Hampshire Revised Statutes Section 649-A:3:
- Child sexual abuse images are Class A felonies, punishable by up to 15 years in prison and fines up to $4,000.
Under New Jersey Statutes Section 2C:24-4:
- Endangering the welfare of a child through possession of child pornography is a second-degree crime, punishable by up to 10 years in prison and fines up to $150,000.
Under New Mexico Statutes Section 30-6A-3:
- Sexual exploitation of children by prostitution or pornography is a second-degree felony, punishable by up to 9 years in prison and fines up to $10,000.
Under New York Penal Law Section 263.15:
- Promoting a sexual performance by a child is a Class D felony, punishable by up to 7 years in prison and fines determined by the court.
Under North Carolina General Statutes Section 14-190.16:
- First-degree sexual exploitation of a minor is a Class C felony, punishable by up to 231 months in prison and fines determined by the court.
Under North Dakota Century Code Section 12.1-27.2-04:
- Possession of certain materials prohibited by law is a Class C felony, punishable by up to 5 years in prison and fines up to $10,000.
Under Ohio Revised Code Section 2907.322:
- Pandering sexually oriented matter involving a minor is a second-degree felony, punishable by up to 8 years in prison and fines up to $15,000.
Under Oklahoma Statutes Section 21-1021.2:
- Possession of obscene material involving a minor is a felony, punishable by up to 20 years in prison and fines up to $10,000.
Under Oregon Revised Statutes Section 163.684:
- Encouraging child sexual abuse in the first degree is a Class B felony, punishable by up to 10 years in prison and fines up to $250,000.
Under Pennsylvania Consolidated Statutes Section 6312:
- Sexual abuse of children through depiction is a felony of the second degree, punishable by up to 10 years in prison and fines up to $25,000.
Under Rhode Island General Laws Section 11-9-1.3:
- Sexual exploitation of a minor is a felony, punishable by up to 15 years in prison and fines up to $5,000.
Under South Carolina Code Section 16-15-395:
- Sexual exploitation of a minor is a felony, punishable by up to 20 years in prison and fines up to $10,000.
Under South Dakota Codified Laws Section 22-22-24.3:
- Possession of child pornography is a Class 4 felony, punishable by up to 10 years in prison and fines up to $20,000.
Under Tennessee Code Annotated Section 39-17-1003:
- Sexual exploitation of a minor is a Class D felony, punishable by up to 12 years in prison and fines up to $50,000.
Under Texas Penal Code Section 43.26:
- Possession or promotion of child pornography is a second-degree felony, punishable by up to 20 years in prison and fines up to $10,000.
Under Utah Code Section 76-5b-201:
- Sexual exploitation of a minor is a second-degree felony, punishable by up to 15 years in prison and fines up to $10,000.
Under Vermont Statutes Title 13, Section 2822:
- Possession of child pornography is a felony, punishable by up to 10 years in prison and fines up to $25,000.
Under Virginia Code Section 18.2-374.1:1:
- Possession of child pornography is a Class 6 felony, punishable by up to 5 years in prison and fines determined by the court.
Under Revised Code of Washington Section 9.68A.050:
- Dealing in depictions of a minor engaged in sexually explicit conduct is a Class B felony, punishable by up to 10 years in prison and fines up to $20,000.
Under West Virginia Code Section 61-8C-3:
- Child pornography is a felony, punishable by up to 10 years in prison and fines up to $10,000.
Under Wisconsin Statutes Section 948.12:
- Possession of child pornography is a Class D felony, punishable by up to 25 years in prison and fines up to $100,000.
Under Wyoming Statutes Section 6-4-303:
- Possession of child pornography is a felony, punishable by up to 10 years in prison and fines up to $10,000.