With the rise of internet crimes in recent years and the threat they pose to children, the South Carolina Attorney General’s Office has established the Internet Crimes Against Children (ICAC) Task Force. ICAC works with local, state, and federal law enforcement to investigate internet crimes targeting minors.
If you have been charged with an internet crime, you may be wondering what lies ahead. Penalties will depend on the severity of the offense but often include imprisonment and steep fines. If you are accused of predatory behavior of a child using the computer as a means of communication, you can expect more severe penalties if convicted.
If you are facing such allegations, our Florence internet crime attorney at Swilley Law Firm, LLC, is here to safeguard your freedom.
Common Internet Crimes
Internet crimes may include any of the following:
Wire Fraud
According to 18 U.S. Code § 1343, a person has committed wire fraud if the following elements are present:
- Devising or intending to devise any scheme to defraud
- A scheme that serves the purpose of obtaining money or property for false pretenses
- Using interstate wire communications to conduct the scheme is expected
- Interstate wire communications were used to execute the scheme
An individual found guilty of wire fraud may be sentenced to 20 years in federal prison. Individuals may be fined $250,000, with organizations facing a maximum fine of $500,000. Since wire fraud usually involves interstate activity, it falls under federal jurisdiction.
Identity Theft
A person who steals another individual’s personal data for financial gain is guilty of identity theft. The theft may be committed through fraud or deception. Given the amount of data that is on the world wide web, the internet is often used as a means to collect a person’s social security number and other identifying information.
Whereas identity theft is usually under state jurisdiction, if large sums of money are involved or multiple victims are targeted, it can be tried in federal court. Under South Carolina law, you may be imprisoned for 10 years, fined, or both. Under federal law, you may be imprisoned for 20 years for a second offense. If somebody suffered bodily harm or death, you may receive a life sentence.
Online Solicitation of a Minor
Under SC Code §16-15-342, an individual who contacts or communicates with a person under the age of consent with the intention to persuade or engage the person to engage in sexual activity is guilty of soliciting a minor. Consent is usually not a valid defense for this crime.
Under South Carolina law, you may be imprisoned for 10 years and fined $5,000. Since online solicitation will usually involve communicating with a person in another state, it is possible to be charged under federal law. If convicted, you could receive a prison sentence of 20 years and a maximum fine of $250,000.
How Our Firm Can Help You
Given the repercussions of an internet crime, you will want to do everything possible to avoid a conviction. At Swilley Law Firm, LLC, we strive to do everything in our power to reduce or negate our clients’ culpability.
Depending on the circumstances, various defenses may be available to you, including:
- Mistaken identity: You are innocent, but you were misidentified as the perpetrator.
- Entrapment: Law enforcement forces you to engage in illicit activity as part of an undercover operation.
- Illegal search and seizure: If police officers violated your Fourth Amendment rights in retrieving information from your home, this evidence may be excluded at trial.
Speak with Our Florence Internet Crimes Attorney
At Swilley Law Firm, LLC, we believe that everybody deserves adequate representation when their freedom is threatened. Besides imprisonment, prosecution under the law can prevent you from accessing affordable housing and finding suitable employment, and it can even result in revocation of any professional licensure. If you are interested in learning more, contact us online or by phone to arrange your free consultation.
