Internet Sex Crime Defense Lawyer in Vista
Charged with an Internet Sex Crime in Vista? Call Peter Liss for a Free Consultation
If you are accused or expect to be accused of an internet sex crime, consult an experienced criminal defense lawyer immediately. Peter M. Liss has over 40 years of experience and has personally tried more than 100 criminal jury trials in Vista and San Diego County. He has defended many clients facing in-person and online sex offenses.
He can also help you if you are facing a potential “third strike” or registration as a sex offender. If you need a skilled defense lawyer in California with a proven track record of success, please call Peter Liss at (760) 643-4050 for a complimentary consultation. You will receive top-quality representation for a reasonable fee.
Examples of Internet Sex Crimes in California
Many sex crimes, especially those involving children, occur online.1 Some offenses are entirely virtual, like possessing sexualized images of minors, while others may start online but aim for in-person meetings, such as online solicitation. Cybersex crimes you could be charged with in San Diego include:
- Possession of child pornography (311.11 (PC))2
- Distribution and production of child pornography (311.2 (PC))3
- Sending harmful material to seduce a minor (288.2 (PC))4
- Solicitation of a minor (288.4 (PC))5
- Contacting a minor with the intent to commit a felony (288.3 (PC))6
- Pimping (266(h) (PC))7
- Solicitation of prostitution (647(b) (PC))8
- Human Trafficking (236.1 (PC))9
- Cyberstalking (646.9 (PC))10
- Sextortion (518 (PC))11
- Revenge porn (647(j)(4) (PC))12
These charges may arise from activities on chat rooms, social networks, peer-to-peer networks, the dark web, text messages, and more. Cases often involve sting operations or malware deployed by law enforcement.13 Regardless of the specifics, internet sex crime charges require a Vista defense attorney experienced in handling complex cases involving online activities.
Child Pornography Charges in San Diego: 311 (PC)
California child pornography laws make nude images or videos of minors illegal if the minor is engaged in sexual conduct. Sexual conduct can include any content intended to sexually stimulate the viewer. It does not necessarily require penetration.
Charges can be filed even if the material depicted:14
- Simulated sexual acts
- AI-generated content based on a real minor
- Just one child under 18
- A teen sending a private selfie to another teen
This type of content is increasingly referred to as child sexual abuse material (CSAM) by advocates and courts.
Possession of Child Sexual Abuse Materials: 311.11 (PC)
The law covering possession of child sexual abuse materials is very inflexible. Many teens have been charged with receiving pictures of their boyfriend or girlfriend.15
Production or Distribution of Child Sexual Abuse Materials: 311.2 (PC)
Producing or sharing sexual images of minors is prosecuted aggressively. While human traffickers are often charged, sometimes, the law is applied to minors who photograph themselves or their peers.
Distribution charges can be filed if material is shared by any means—online, in person, or via text. No sale is required.
Intent is irrelevant under 311 (PC). So even if you received pornographic images of a minor and share them with the media or a friend to show how disgusted you are, you could still be charged.
Don’t Risk Your Future. Call a Child Pornography Defense Lawyer Now!
These charges are incredibly challenging to fight and can ruin your reputation in the community even if you are acquitted. Never face these allegations without the help of a San Diego child pornography and internet sex crimes defense attorney.
Contact a criminal defense lawyer as soon as you learn of a police investigation or are contacted about the matter. Do not speak with police or alleged victims, as what you say may be used as evidence against you.
How a San Diego Internet Sex Crimes Attorney Can Help
Most people don’t call a lawyer until after they have already been charged with a crime. But the sooner you hire an attorney, the sooner they can begin protecting you against these charges. Legal protection during the investigation can greatly benefit your case.
Defending Against the Search and Seizure of Your Property
A lawyer can protect you from illegal searches of your home and electronic devices. Peter Liss ensures police searches comply with the law and can keep illegally obtained evidence out of your trial.
Ensuring Cell Phones Involve a Warrant
Police do need a warrant to search your cell phone.16 Always use a lock screen on your phone and insist that the police present a warrant to unlock the device.
Reminding Investigators IP Addresses Don’t Confirm Guilt
Your IP address alone is not enough to convict you of a computer crime because it is common for people to share IP addresses.17 Just because police and prosecutors get a warrant to seize your cell phone or computer does not mean they will find evidence of a crime.
Your Online Sex Crime Defense Lawyer Can Protect Your Rights
Remember, prosecutors must prove guilt beyond a reasonable doubt, so they gather as much evidence as possible. Internet crimes often involve electronic devices and digital files, so it is essential to work with a lawyer experienced in complex cybercrimes.
Penalties for Internet Sex Crime Convictions
Digital sex offenses may be charged as felonies or misdemeanors, based on the case details and specific charge.
Child Pornography Sentences in California
Those convicted of a misdemeanor may face up to one year in county jail, whereas those convicted of a felony may face up to eight years in state prison.
You could also face enhanced penalties that will add one year to your sentence if:
- A minor depicted was prepubescent
- The content showed any penetration
- The materials portrayed sadistic or masochistic behaviors
- You possessed a large quantity of these materials (more than 600 images of child pornography or 10 images of a minor under 12)
More than one enhancement may be applied at a time.
Sentencing for Other Common Online Sex Crimes
| Charge | Penalty |
|---|---|
| Sending Harmful Material to Seduce a Minor 288.2 (PC) |
As a misdemeanor, up to one year in jail; up to three years in prison as a felony |
| Solicitation of a Minor 288.4 (PC) |
As a misdemeanor, up to one year in jail; up to four years in prison as a felony |
| Solicitation of Adult Prostitute 647(b)(2) (PC) |
Up to 6 months in jail |
| Solicitation of Child Prostitute 647(b)(3) (PC) |
As a misdemeanor, up to one year in jail; up to three years in prison as a felony |
| Human Trafficking 236.1 (PC) |
Up to 20 years in prison |
| Cyberstalking 646.9 (PC) |
As a misdemeanor, up to one year in jail; up to five years in prison as a felon |
| Sextortion 518 (PC) |
Up to four years in prison |
| Revenge Porn 647(j)(4) (PC) |
First offense: Up to six months in jail for a first offense Subsequent offenses: Up to one year in jail |
Contacting a Minor With the Intent to Commit a Felony
Penal Code 288.3 (PC) is a unique offense in that the sentencing is based on the felony intended by the individual contacting the minor. For example, if someone contacts a minor intending to rape them, they face the same sentence as they would if they completed the rape —up to 11 years if the child is over 14 or 13 years if the child was 13 or younger.
The Consequences Go Beyond Incarceration
Beyond jail or prison, sentences can include heavy fines and mandatory sex offender registration. Convictions may destroy your family life, as you could lose the right to see your kids or be with children. As crimes of moral turpitude, these convictions can also result in deportation or loss of professional licenses.
Penalties for even a first-time charge can be life-changing. Just the accusation of such crimes can ruin your reputation and damage your relationships with neighbors, friends, family members, and business associates.
Defenses Against Internet Sex Crime Charges
These allegations may be serious, but you can fight and win against them. If you have been accused of any cyber sex crime, call San Diego lawyer Peter M. Liss to discuss the best strategy for your unique circumstances. These are some of the most common defenses for these charges:
- Insufficient Evidence
You are innocent until proven guilty. If there is insufficient proof that you were aware of the content, you cannot be convicted under California or federal law. - You Thought the Minor Was an Adult
In cases involving solicitation of a child, sending harmful material to a child, or sexual imagery of a child, the strongest defense is often to argue that you believed that you were talking to or looking at an adult.
Only attempt this defense with an attorney, as evidence indicating you are lying will weaken your case. - The Contact Was Accidental
For offenses involving contact with a minor, showing that you intended to message someone else is a strong defense. However, if the evidence contradicts your claims, you will appear untrustworthy. - You Did Not Solicit the Content
While intent doesn’t matter when possessing or sharing this material, knowledge does. Even if investigators uncover illegal material on your computer, it doesn’t mean you downloaded or knew about it. Guest users or viruses can download files without your knowledge.18 - The Material Was Not Sexual in Nature
Not all nude images or videos of children are illegal to own. For material to be illegal under 311 (PC), it must be sexual. It is legal for parents to possess nude pictures of their young children and for doctors to share medical reference material depicting the uncovered bodies of children. - Police Misconduct
If police violated your constitutional rights, your attorney may be able to have evidence against you suppressed or even have the charges dropped in cases involving particularly egregious conduct. These outcomes are rare because police are given a surprising amount of leeway while investigating crimes. - The Prepubescent Enhancement Does Not Apply
This defense only applies in cases where child sexual abuse materials depict someone who has not hit puberty. In many cases, it is difficult to ascertain the age of someone visually; your attorney may argue that the minor has hit puberty.
Invoke the Fifth Amendment
It is easy to accidentally harm your case while attempting to defend yourself. For example, you will appear to be lying if you claim you were attempting to meet someone you believed to be an adult, but the person you were messaging clearly said they were 13. Similarly, you cannot successfully argue that you thought the videos you were watching depicted adults if you searched for material featuring children.
Do not speak to the police, prosecutors, or the victim without your attorney present. Instead, state that you wish to remain silent and want to speak with your lawyer.
Negotiating a Plea Bargain
In many cases, the best defense is to have your criminal defense attorney negotiate a winning plea deal that will minimize the charges against you or the penalties you may face.
Call an Internet Sex Crimes Lawyer Today
If you have been accused of any online sex crime in North County San Diego, call attorney Peter M. Liss (State Bar #111128) to discuss your case. He can help you build a winning strategy to ensure the best possible outcome for your unique situation.
Peter Liss Can Help You
Top Internet Sex Crimes Lawyer
Attorney Peter M. Liss has 40 years of experience successfully representing people arrested for cybersex offenses, including meeting a minor and child pornography. Many of his clients face a potential “third strike” under the three-strikes law. He has tried over 100 criminal jury trials and personally represents every client that comes through his office.
Defending You Every Way Possible
If you have been accused of any internet sex crime, call the Office of Peter Liss today. He is a graduate of the top-rated University of California, Berkeley Law School. As an experienced San Diego child pornography and internet crimes defense attorney, he can:
- Advise you and update you on the status of your case
- Argue for reduced bail or no bail if you are in custody
- Arrange for your arrest to take place away from work or home to protect your reputation
- Make court motions on your behalf
- Evaluate and present the best defense for your situation
- Seek a reduction of charges (in some cases, this may help you avoid sex offender registration)
- Represent your best interests while negotiating a plea bargain or during your trial
- Seek the minimal sentence, which may include alternative sentencing such as house arrest or probation
Fight the Allegations
If you intend to fight the charges, Peter Liss may gather evidence to support your defense by:
- Interviewing the police, witnesses, and experts
- Obtain a psychological evaluation to show you do not have the profile of a sex offender
- Hire an independent forensic computer expert to find evidence that a guest or virus downloaded the content
Convenience and Quality
The Office of Peter Liss is across the street from the Vista courthouse and jail. He has a secondary location in Carmel Valley. Parking is free at both offices. Mr. Liss offers 24-hour in-person answering services and provides immediate, courteous responses.
Defense You Can Rely On
Mr. Liss provides top-quality representation for a reasonable fee, offers free initial consultations, has sterling customer reviews, and accepts all major credit cards.
I’m available, let’s talkFighting Accusations
Against Online Sex Offenses
When people are arrested for child pornography, the police and prosecutors will often try to convince them that there is enough evidence to prove their guilt and that their best option is a plea bargain. While plea bargains can be beneficial in some cases, others can be fought successfully. However, what you say to the police and prosecutors can be used as evidence against you, potentially undermining your defense.
Innocent Until Proven Guilty
Sex offenses involving the use of a computer involve a different defense strategy than standard sex crimes, as technology makes matters much more complex. An attorney may be able to show that the prosecution lacks enough evidence to prove that:
- A crime was committed on your computer, tablet, or phone
- You were the person using the device at the time
- The act was intentional
You cannot be convicted if someone hacked into your email to send lewd emails or if a virus downloaded and shared child pornography without your knowledge.
Your Choice of Lawyer Matters
Never discuss your case or negotiate a plea bargain with the police or prosecutors in San Diego unless your child pornography attorney is present. Even if your defense lawyer believes there is enough evidence to convict you, he may be able to help by negotiating a plea bargain that will minimize the charges against you and minimize any sentence you may face. In some cases, he may be able to obtain alternative sentencing or keep you off the sex offender registry.
You Need a Strong Defense
These are serious crimes with complex defenses. It is vital to work with a criminal defense lawyer with experience in these types of offenses as soon as possible to obtain the best results under the particular facts and law of your case.
Frequently Asked Questions About Internet Sex Crime Charges in Vista, CA
Can I Face Child Porn Charges if I Thought the Material Depicted Adults?
You may still be arrested and charged, but not knowing the age of the people depicted is a valid defense. To be convicted, the prosecutor must prove that you knew the material portrayed a juvenile. If a person in the content looked particularly young or a website advertised the content as featuring minors under 18, this defense could be problematic. Always talk to your lawyer before speaking with the police.
Can a Minor be Guilty of Child Pornography?
Sadly, the laws designed to protect children from exploitation have also been used against minors. Teens have been charged for sharing naked videos of themselves or possessing sexual photos of other juveniles. Trying to justify the image by saying it was private content shared by two minors is considered a confession. If you are a minor accused of possession or creation of child pornography in Vista, speak with a juvenile defense lawyer as soon as possible.
I Didn’t Look at Child Porn on my Computer, but Another Person May Have. What Should I do?
Inform your attorney as soon as possible and provide them with a complete list of everyone who uses your computer and internet connection. Additionally, some people have had their computers infected with viruses that download and then share this type of content without their knowledge. It’s even possible to unknowingly download sexual images or videos of someone under 18 on peer-to-peer networks without knowing you downloaded them.
Is Using a Private Browser Enough to Protect Me From Police Investigators?
No. Using a private browser, such as DuckDuckGo or Chrome’s Incognito Mode, ensures that your browsing history, cookies, and cache cannot be seen by others using your device. However, it is not enough to protect you from police investigators. Your ISP still has a record of sites visited from your IP address.
Are Artworks Depicting Child Nudity Illegal?
California law generally allows for artwork depicting minors in sexual situations, as long as the images are not based on a real-life person. However, the federal PROTECT law outlaws visual depictions of minors in any sexual situations, as long as the images are obscene and lack serious artistic or scientific value.
What Should I do if I Discover Unsolicited Child Sexual Abuse on my Computer?
If you inadvertently receive explicit content depicting someone you believe to be under 18, the best course of action is to speak to a defense attorney before bringing the materials to the police or FBI, including detailed information on how you received them. If you do not want to contact authorities or a lawyer, it is best to delete the material immediately. Being aware of the content and retaining it could serve as evidence that you wanted it.
Legal References
- Prevalance of Online Sexual Offenses Against Children in the US (PubMed Central) ↩︎
- Penal Code 311.11 (PC) (California Legislative Information) ↩︎
- Penal Code 311.2 (PC) (California Legislative Information) ↩︎
- Penal Code 288.2 (PC) (California Legislative Information) ↩︎
- Penal Code 288.4 (PC) (California Legislative Information) ↩︎
- Penal Code 288.3 (PC) (California Legislative Information) ↩︎
- Penal Code 266(h) (PC) (California Legislative Information) ↩︎
- Penal Code 647(b) (PC) (California Legislative Information) ↩︎
- Penal Code 236.1 (PC) (California Legislative Information) ↩︎
- Penal Code 646.9 (PC) (California Legislative Information) ↩︎
- Penal Code 518 (PC) (California Legislative Information) ↩︎
- Penal Code 311 (PC) (California Legislative Information) ↩︎
- The Playpen Cases: Frequently Asked Questions (Electronic Frontier Foundation) ↩︎
- Penal Code 647(j)(4) (PC) (California Legislative Information) ↩︎
- Minors and Sexting: Legal Implications (The Journal of the American Academy of Psychology and the Law) ↩︎
- Riley v. California, 573 U.S. 373 (2014) (Justia) ↩︎
- Why IP Addresses Alone Don’t Identify Criminals (Electronic Frontier Foundation) ↩︎
- Child Pornography, the Internet, and the Challenge of Updating Statutory Terms (Harvard Law Review) ↩︎
