Internet Crime in San Diego

The internet has been of tremendous benefit to society because of the many opportunities it offers. You can access it at home, in the workplace, and on the go through mobile electronic devices. People can even listen to the radio and watch television online. It has opened the world to new ventures, with unprecedented online business opportunities. Sadly, some individuals also access the internet to commit offenses. Crimes perpetrated via the internet are at a high level, and the authorities in California are struggling to contain them. If you or your loved one faces charges for an internet crime in San Diego, our attorneys at the Law Offices of Anna R. Yum can help.

Internet Crimes Under California Law

The common internet crimes in California include:

1. Solicitation of a Minor Through the Internet – Penal Code 288.4

In the current technology-driven world, the internet has become a home for individuals to pursue romantic partners, connections with new friends, and even sexual encounters. However, it is an offense under Penal Code 288.4 for you to use the internet or any other means to try to organize a sexual encounter with a child. You can face the charges even if you did not engage in the intended sexual act or if you believed that the person you were interacting with was over 18 years old. This offense can attract severe and life-altering repercussions, including a jail term, fines, and mandatory registration in the Sex Offender Database.

The authorities in California have sought out new ways to deal with people who wish to solicit sexual encounters with individuals they believe are underage. Operations like those on the television show ‘’To Catch a Predator’’ are used to lure criminals into organizing encounters with minors. Unfortunately, these operations often lead to entrapment by police officers and false allegations.

If the prosecutor accuses you of solicitation of a minor, the prosecutor must prove the following elements:

• You arranged a meeting with a child or an individual believed to be a minor.
• You were motivated by unnatural or abnormal sexual desires in minors.
• At the solicited meeting, you intended to reveal or have the child reveal their pubic, rectal area, genitals, or to engage in a lewd or lascivious act with the child.

Solicitation of a minor is often charged as a misdemeanor offense. However, judges sometimes charge this offense as a wobbler. In this case, you can face misdemeanor or felony charges depending on the circumstances of your case. You can face felony charges if:

• You have a previous sex offense conviction on your record, for which you were required to register as a sex offender.
• You attended the organized meeting. According to Penal Code 288.4, you can face charges even if you only tried to organize a meeting with the intent to commit lewd acts. Your penalties will be enhanced if you show up, regardless of whether you acted indecently while there.

You can face the following penalties if the judge sentences you for a misdemeanor:

• A jail term that does not exceed one year in a county jail
• Misdemeanor probation
• A fine that does not exceed $5000

On the other hand, felony charges can attract the following penalties:

• Felony probation
• A jail term of 16 months, two years, or three years in a state prison
• A fine that does not exceed $10,000

A conviction for solicitation of a minor for lewd purposes on the internet may require sex offender registration. People convicted of misdemeanors are often ordered to register for a period that does not exceed ten years. On the other hand, individuals convicted of a felony are often ordered to register for life. You must also renew your registration annually anytime you move to a new town.

You can present the following defenses if accused of solicitation of a minor via the Internet:

• Lack of motivation due to a sexual interest in minors
• You did not intend to participate in lewd activity
• You believed the said person was above 18 years of age
• You are a victim of false allegations
• It was a police entrapment

2. Piracy or Illegal Downloading – Penal Code 350

Advancements in technology have made it easier for people worldwide to enjoy TV shows, films, and music. Sadly, it has also increased the violation of intellectual property rights. Piracy is one kind of copyright infringement. This offense encompasses duplicating and selling copyrighted materials without consent from the copyright holder.

Piracy can lead to civil liability and criminal penalties according to federal law, even if it is prevalent and tacitly accepted in some circles. The standard form of piracy is internet piracy, which constitutes unlawful downloading or uploading of a copyrighted sound or video recording. It also involves using specific streaming systems.

Piracy can also occur in more significant forms offline. Unlawful bootleg recordings constitute illegal recordings of radio or television broadcasts, concerts, or movies shown in theaters. Other types of infringement include counterfeit recordings. This involves reproducing a recording without consent while duplicating the packaging, which comes with the initial recording, like labels and trademarks. In other situations, individuals make ‘’pirate recordings,’’ which are the same as counterfeit recordings. The only difference is that they do not pirate the initial recording packaging. Often, pirate recordings constitute compilations of several recordings and, sometimes, many entertainers.

The Effect Of Piracy On the Entertainment Industry

People do not take film or music copyrights and the concept of ‘’piracy’’ seriously, but it is illegal. The entertainment industry incurs losses in terms of dollars every year because of copyright infringement, putting careers and jobs at risk. Musicians and other stakeholders in the industry suffer from piracy because of the loss of royalties. Sometimes, pirated copies can appear original, which can taint the entertainer’s reputation if the pirated version has a noticeably inferior quality. Individuals who sell copyrighted works lawfully also incur losses because they cannot provide legitimate versions to match the number of pirated versions. The burden of piracy is often transferred to consumers. The damages caused by copyright infringement cause the entertainment industry to increase the cost of access to copyrighted works.

The following trade associations are charged with the responsibility of cracking down on piracy:

• The Entertainment Software Association
• The Motion Picture Association of America
• The Recording Industry Association of America

The member companies of the above trade associations produce at least 90% of television, film, and music recordings in the United States. They also create video and computer games. The above associations work aggressively with the police to arrest and convict perpetrators of this crime.

Penalties For Piracy

Federal law prohibits any form of copyright infringement for private financial gain or commercial advantage. It is also a crime under federal law for you to reproduce or distribute one or more copyrighted works that exceed $1000 within 180 days. Federal law also prevents the distribution of works being produced for commercial distribution. It is an offense for anyone to make this work accessible on a public computer network while knowing it was meant for commercial distribution.

You can face a jail term that does not exceed one year in a county jail for misdemeanor copyright infringement. The judge can also impose a fine that does not exceed $100,000.

The following are the penalties you could face for felony copyright infringement:

• Distribution on a public computer network can attract a jail term that does not exceed three years in state prison for ordinary distribution. The court can also impose a jail term that does not exceed five years in state prison for distribution for financial gain or commercial advantage. You could also face a fine that does not exceed $250,000.
• Distribution or reproduction that exceeds $1000 within 180 days can attract an imprisonment that does not exceed three years in a state prison. The judge can also impose a fine that does not exceed $250,000.
• Distribution for private financial gain or commercial advantage can attract a jail term that does not exceed five years in state prison. You could also face a fine that does not exceed $250,000.

The following are the defenses you can use to fight piracy charges:

• You did not intend to engage in piracy
• You had the permission of the owner
• You are a victim of false accusation
• It was a police entrapment
• No sufficient evidence
• You are a victim of illegal search and seizure
• Mistaken identity

3. Online Pharmacy Fraud – Business And Professions Code 4324, HSC 11173, And HSC 11368

Online pharmacy fraud is an increasing trend in California, affecting individuals, healthcare systems, and law enforcement alike. The possibility of fraudulent and misuse activities increases as prescription medications become more accessible. Understanding the characteristics of prescription drug fraud is essential to navigate this complex issue. It can also be possible if you know the legal implications and the preventive measures.

Internet pharmacy fraud encompasses unlawful prescription medication acquisition, distribution, or use. The fraudulent acts often take several forms, including:

Identity Theft

Using another person’s details to secure prescription drugs is a form of pharmacy fraud. This crime constitutes stealing or unlawfully using someone else’s medical information to secure medications.

Pharmacy Fraud

Pharmacy fraud involves submitting false claims to insurance firms or filling prescriptions that are not issued legitimately. Pharmacy staff or pharmacists can also engage in these fraudulent acts.

Prescription Forgery

Prescription forgery involves developing or changing a prescription document to fraudulently secure medication. This can include changing dates on a prescription, medication names, or quantities.

Doctor Shopping

You could be guilty of doctor shopping if you seek prescriptions from several doctors to secure more medication than prescribed. Often, this involves misrepresenting or falsifying medical conditions to secure prescriptions for controlled substances.

Penalties For Pharmacy Fraud

Pharmacy fraud is often charged as a wobbler in California. In this case, you could face misdemeanor or felony charges. You can face the following penalties if the judge charges you with a misdemeanor:

• A jail term that does not exceed one year in a county jail
• A fine that does not exceed $1000
• Misdemeanor probation

If you are convicted of a felony, you could face the following penalties:

• A jail term that does not exceed three years in a county jail
• A fine that does not exceed $10,000
• Felony probation

If the judge grants you probation, it can take three to five years. You could also face certain probation conditions, including:

• Community service, like cleaning up the side of highways
• Paying sanctions
• Impromptu drug testing
• Undergoing therapy

During probation, law enforcement will be granted permission to enter and search your home without a warrant.

Apart from penalties, a conviction for pharmacy fraud can attract extra collateral repercussions, including:

• Your job prospects and professional licenses will be negatively affected if you have a criminal record
• A conviction can negatively affect your personal and professional reputation, affecting opportunities and relationships

Some of the defenses you can present to fight online pharmacy fraud include:

• No intention to defraud
• You are a victim of mistaken identity
• False accusations

4. Online Intellectual Property Theft – Penal Code 499c

The United States is the greatest producer of intellectual property in the world. Intellectual property plays a significant role in the American economy. Half of all exports from America come from intellectual property. Unfortunately, counterfeiting and piracy cause an estimated $250 billion in lost revenue.

Many people think that intellectual property theft is not a criminal activity. A conviction for violating Penal Code 499c can negatively affect various aspects of your life.

Types Of Intellectual Property

Intellectual property is any item of a person’s intellect that the law protects from illegal use by other people. Intellectual property can be classified into four categories:

Copyrights

Copyright means a person has the legal right to reproduce, distribute, and sell a unique work. Copyrights can exist for art, music, and written documents like novels.

Trade Secrets

Trade secrets can not only be protected through registration. They can be a device, design, program, process, pattern, or formula. Trade secrets benefit the owner because he/she can develop something unique.

Patents

A patent is a legal tool that protects a patent owner against people using their inventions or creations. A patent holder often uses their intellectual property without fearing that someone else will replicate it.

Trademarks

A trademark cannot protect an invention. It protects designs, logos, symbols, and words that differentiate the goods from manufacturer to manufacturer.

Penalties For Penal Code 499c

You can face felony charges if found guilty of intellectual property theft. This offense can attract the following penalties:

• A fine that does not exceed $5,000
• A jail term that does not exceed three years in a county jail

The judge can also grant you felony probation instead of a jail term

The common defenses for Penal Code 499c charges include:

• It was a police entrapment
• No trade secret
• No theft

5. Online Gambling – Penal Code 330

It is a crime under Penal Code 330 for you to conduct, open, carry on, play, or deal with any ‘’prohibited game’’ whether for hire or not. A ‘’prohibited game’’ is any game considered a ‘’banking’’ game or a ‘’percentage’’ game. A ‘’banking’’ game is one in which a ‘’bank’’ or ‘’house’’ engages in the game. In this case, the ‘’bank’’ or ‘’house’’ collects money from people who lose it and uses it to pay the winners.

On the other hand, a ‘’percentage’’ game is a game of chance where the ‘’house’’ collects money and calculates it as a portion of total winnings or bets made. Illegal games under gaming statutes include Rondo, twenty-one, and roulette.

Online gambling is often charged as a misdemeanor in California. The penalties you can face for this offense include:

• A fine of up to $100 and $1000
• A jail term that does not exceed six months in a county jail
• Summary or misdemeanor probation

Fortunately, a conviction for unlawful gambling will not have any negative immigration repercussions. Only certain offenses in California, like offenses involving moral turpitude, can lead to deportation or being marked as inadmissible into the United States. Gambling under Penal Code 330 does not fall under this category.

You can also secure a conviction expungement if the jury convicts you under Penal Code 330. This can only happen if you complete your jail term or probation. An expungement can be best for you because it removes all the hardships related to your conviction.

A conviction under Penal Code 330 will also not affect your gun rights. Only some criminal convictions will remove your right to possess or own a firearm. A felony is an example of such an offense. The good news is that gambling is not among them.

However, the defenses you can use to fight online gambling charges include:

• You had no knowledge
• It was a charity bingo game
• You are a victim of illegal search and seizure
• No banking or percentage game
• You are a victim of false accusation
• It was an entrapment by the law enforcement officers
• It was a mistaken identity

6. Online Credit Card Fraud – Penal Code 484g

It is an offense under Penal Code 484g for using a credit or debit card to secure money, goods, or services when you know the card is invalid, expired, forged, fake, or belongs to another person. If the prosecutor accuses you of online credit card fraud, he/she must prove the following elements:

• You used a forged or modified access card or account information
• You intended to defraud
• You had the intent to secure something of value
• You were aware that the cards were altered or forged
• You did so without the owner’s consent

Online credit card fraud is often considered petty theft under Penal Code 484 if you stole $950. You can face misdemeanor charges if you are guilty of petty theft. In this case, you can face the following penalties:

• A fine that does not exceed $1000
• A jail term that does not exceed six months in a county jail

Online credit card fraud can also be charged as grand theft. Grand theft is often considered a wobbler under California law. If this happens, you can face misdemeanor or felony charges. Misdemeanor charges can attract the following penalties:

• A fine that does not exceed $1000
• A jail term that does not exceed one year in a county jail

On the other hand, felony charges can attract the following penalties:

• A fine that does not exceed $10,000
• A jail term that does not exceed three years in a county jail

The defenses you can raise against Penal Code 484g charges include:

• You were under duress
• You had permission from the owner
• You had no intention to defraud any person

7. Identity Theft – Penal Code 530.5

It is a crime under Penal Code 530.5 to commit identity theft using another person’s identifying information for any illegal purpose. This includes attempting to obtain or secure real property, goods, services, credit, or medical information without the owner’s consent.

Identity theft is an offense in the following situations:

• Securing someone else’s identifying information without their consent under PC 530.5(a) and using it illegally.
• Taking someone else’s identifying information without their permission under 530.5(c) with the intent to commit fraud
• Transferring, selling, or providing someone else’s identifying information without their consent under PC 530.5(d)(1) and with the intent to commit fraud
• Transferring, selling, or providing someone else’s identifying information under PC 530.5(d)(2) with the knowledge that the details will be used to commit fraud

Identity theft is often considered a wobbler. You can face a jail term of one year and a fine of $1000 if you are convicted of a misdemeanor. The court can impose a jail term of 16 months, 2 years, or 3 years and a fine of $10,000 if you are convicted of a felony.

Find A Reliable Criminal Attorney Near Me

Internet crimes consist of many offenses perpetrated through the internet. Different internet crimes attract varying charges depending on the nature and seriousness of the crime. The penalties can also depend on the damages the victim sustains. The common online crimes include identity theft, online intellectual property theft, solicitation of a minor through the internet, online pharmacy fraud, and others. If the prosecutor accuses you of an internet crime, the prosecutor must prove beyond a reasonable doubt that you committed the crime. If you or a loved one faces accusations of an internet crime in San Diego, contact the Law Offices of Anna R. Yum. Call us at 619-493-3461 to speak to one of our attorneys.