Internet Sex Crime Defense Lawyer in Vista

Why Hire Internet Sex Crimes Attorney Peter Liss

Most people don’t call a lawyer until after they have already been charged with a crime. But you can hire an attorney as soon as you are aware you are under investigation, and the sooner you hire someone like Peter Liss, the sooner they can begin protecting you. Legal protection during the investigation can greatly benefit your case.

As your attorney, Peter Liss can help you by:

Challenging Illegal Searches

A lawyer can protect you from illegal searches of your home and electronic devices, including cell phones.¹ “While it’s advisable to always use a lock screen on your phone and refuse any searches of your home or electronics without a warrant,” says attorney Liss, “I can still help clients even if they willingly submitted to a search.”

Your lawyer can help ensure all police searches comply with the law and file motions to suppress illegally obtained evidence.

Arranging for Your Arrest or Surrender

Internet sex crime allegations, especially those against children, can severely harm your reputation. If you work with an attorney before you are placed under arrest, they may be able to help ensure your arrest takes place away from your work or home to help prevent neighbors and coworkers from drawing damaging conclusions about you.

Hiring Outside Experts

In some cases, Peter Liss may retain an independent computer forensic expert to review the evidence against you and determine whether malware, another user, or someone with access to your device downloaded illegal material.

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 wifi addresses.² 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. Many people are wrongly charged with these offenses because multiple people had access to the same internet connection or electronic device, malware downloaded illegal files, or someone else accessed the device.

Learn more about the role IP addresses can play in criminal investigations and prosecutions here.

Your Online Sex Crime Defense Lawyer Can Protect Your Rights

“San Diego law enforcement officers gather as much evidence as possible since prosecutors must prove guilt beyond a reasonable doubt,” says Liss. Internet crimes often involve electronic devices and digital files, so it is essential to work with a lawyer experienced in complex cybercrimes.

Common Internet Sex Crimes in California

Many sex crimes, especially those involving children, occur online.³ Some offenses are entirely virtual, like possessing sexualized images or videos 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 County include:

• Possession of child pornography (311.11 (PC))⁴
• Distribution and production of child pornography (311.2 (PC))⁵
• Sending harmful material to seduce a minor (288.2 (PC))⁶
• Solicitation of a minor (288.4 (PC))⁷
• Contacting a minor with the intent to commit a felony (288.3 (PC))⁸
• Pimping (266(h) (PC))⁹
• Solicitation of prostitution  (647(b) (PC))¹⁰
• Human Trafficking (236.1 (PC))¹¹
• Cyberstalking (646.9 (PC))¹²
• Sextortion (518 (PC))¹³
• Revenge porn (647(j)(4) (PC))¹⁴

“These charges may arise from activities on chat rooms, social networks, peer-to-peer networks, the dark web, text messages, and more,” explains Liss. Cases often stem from undercover investigations, online sting operations, cybercrime reports, or investigations into other individuals. 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 does not necessarily require penetration and instead can include any content intended to stimulate the viewer sexually. Charges can be filed if the material depicts:¹⁵

• Simulated sexual acts
• AI-generated content based on a real minor
• Just one child under 18
• A teen’s private selfie to another teen

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.¹⁶

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,” explains Liss, “the law can even be 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 to Commit a Crime Isn’t Required

Under 311 (PC) and 311.2 (PC), possessing or distributing this material is illegal, regardless of intent. 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.

Do not speak with police or alleged victims without an attorney present, as what you say may be used as evidence against you.

How Internet Sex Crime Investigations Begin

Law enforcement agencies investigate online sex crimes in many different ways. Sometimes, it starts with a search related to another criminal offense. Sometimes, it starts with online sting operations utilizing officers posing as minors. Other circumstances that may result in investigations for child sex abuse materials or other internet sex crimes may include:

• Annonymous tips
• Online reports or images automatically flagged by AI
• Investigations into other members of online communities
• Devices intentionally infected with malware by federal investigators¹⁷
• Reports by alleged victims or their family members

Regardless of how your investigation begins, you should always contact an attorney as soon as you discover you may be suspected of an internet sex crime. Do not speak to police without a lawyer present.

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

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 the suspect intended to commit. 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.

Digital Evidence in Internet Sex Crime Cases

Many sex offenses, particularly rape and child molestation, rely primarily on victim and witness testimonies. However, cases involving child sexual abuse material or online offenses typically involve more concrete evidence.

Common forms of evidence in these cases include:

• Internet search histories
• Browser histories
• Deleted files
• Images, videos, or documents stored in the cloud
• Peer-to-peer logs
• IP logs
• ISP records
• Google account content
• Account metadata and routing information
• Phone extractions and searches
• Forensic imaging
• Metadata and geolocation information

Computer Evidence Doesn’t Automatically Prove Guilt

“Sex offenses involving the use of a computer involve a different defense strategy than standard sex crimes, as technology makes matters much more complex,” explains Liss. 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.

A defense 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 illegal activity was not performed by malware or a hacker
• You knowingly possessed illegal files or intentionally broke the law

Digital Evidence Requires Independent Review

To counter the prosecution’s evidence, your attorney may bring in an independent forensic computer expert, who may review:

• The prosecution’s digital forensic reports.
• How evidence against you was searched or collected.
• Your chat logs, downloads, metadata, deleted files, cached files, timestamps, and more.
• Your devices and wifi to look for evidence of shared access, malware, remote access, or hacking.

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 cellphone or computer, it doesn’t mean you downloaded or knew about it. Guest users or viruses can download files without the device owner’s 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 someone’s age visually; your attorney may argue that the minor has hit puberty. While you can still be convicted of a crime while using this defense, it can help you avoid enhanced age-related charges.

Invoke the Fifth Amendment

It is easy to accidentally harm your case while attempting to defend yourself. For example, you will appear to be dishonest if you claim you were attempting to meet someone you believed to be an adult, but they 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 alleged 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 an internet sex crime or believe you’re under investigation in North County San Diego, don’t wait for charges to be filed. Early legal representation can protect your rights and preserve important defenses. Call (760) 643-4050 today to schedule a free, confidential consultation with attorney Peter Liss.