With our everyday language turning to cyber, e-mail, Facebook, tweets and the like, it is no surprise that computer crimes, as well as the prosecution of those Internet crimes, have increased. The manner in which cyber crimes are committed and the methods in which the government prosecutes has evolved into a long list of very specific acts broken down into two main categories, sex crimes and computer related crime.

Internet Sex crimes

   Both the Texas state and the federal government prosecute the manufacture, distribution and possession of child pornography. As with other contraband-type offenses, when defending a child pornography case, it is important to investigate the knowledge element of the offense; meaning to what extent did the client know that the contraband was on the computer. Aside from possession of child pornography, the solicitation of a minor through the internet is also an offense which has increased in prosecution. The electronic evidence must be analyzed using computer forensic techniques.

Computer Related Crime

There is a long list of acts which are being prosecuted as computer crimes and cyber crimes. Such as:

• Hacking, phreaking
• Breaching firewalls, security breach
• Dissemination of a computer worm or virus, denial-of-service (DoS) attacks
• Phishing or vishing for financial data using false information
• Cyberstalking
• Illegal file sharing
• Piracy
• Identity theft and social engineering
• Copyright theft
• Credit card fraud

   Many of these acts can be prosecuted under the federal computer fraud and abuse statute (18 U.S.C. §1030). Other acts can be prosecuted under a more generic fraud statute like mail fraud or wire fraud.

   As with all electronic evidence, a detailed computer forensic analysis is essential to an effective defense. When defending a client charged with computer or cyber crimes, I may hire a computer forensic expert to parse through the electronic evidence. Additionally, retaining an experienced fact investigator may prove beneficial.

Contact Adrienne Dunn regarding your Computer Crime or Internet Sex Charges.