Internet Crime Defense Strategies in Texas

 Posted on July 10,2024 in Criminal Defense

Internet crimes, also known as cybercrimes or computer crimes, refer to criminal acts that involve the use of a computer or other electronic device, like a smartphone. Sometimes, these crimes use a computer as a vehicle, like for sending, receiving, or possessing child pornography. Other times, a computer is the target of a cybercrime, like in the case of hacking. 

This article will discuss the different types of internet crimes and possible defenses if you are charged with such crimes. Hire an experienced Texas internet crime defense attorney for the strongest possible defense against cybercrime charges.

Common Cybercrime Charges in Texas

As technology evolves, so do the ways it can be misused. A person can use the internet to harass or bully others, solicit prostitution, breach the security of other networks, commit theft, and more. 

According to Texas Penal Code §33.01, the following are considered cybercrimes:

• Using any electronic system to knowingly solicit a minor under 17 for sex

• Tampering with electronic voting machines or their systems

• Accessing a computer or network without the consent of its owner

• Pretending to be someone else online without his or her consent with the intent to harm, intimidate, or defraud that person or someone else

Variations of these crimes can be considered either misdemeanors or felonies, depending on a range of factors such as prior criminal convictions, how much the accused gained, how much the alleged victim lost, the age of the victim, and more.

When Do Cybercrimes Become Federal Offenses?

Cybercrimes can become federal offenses if they meet certain criteria, like if the criminal activity crosses state lines or international borders. This is fairly common, given that the World Wide Web is not confined to one state or country. So, if a person in one state hacks into a computer or network in another state, for example, he or she will likely be charged with a federal crime. 

Other factors determine whether the crime will be considered a federal offense, such as:

• If it involves federal government property or personnel

• If it involves a bank

• If it involves human trafficking

• If it involves cyberterrorism

• If it involves extortion

• If it involves child pornography

• If it involves illegal online gambling

Several federal statutes cover cyber crimes, such as the Computer Fraud and Abuse Act of 1986 (CFAA), the Electronic Communications Privacy Act of 1986 (ECPA), and others. 

Building a Defense Against Cyber Crime Allegations

There are a few possible defenses against cybercrime charges. For example:

• You obtained consent from the owner of the computer or network that you accessed.

• Your constitutional rights were violated during the arrest and the evidence against you is not admissible in court.

• You had a lack of intent. Some crimes require the prosecution to show willfulness. If you did not intend to commit the crime that is being alleged, it may be a valid defense.

Contact a Collin County, TX Internet Crime Attorney

If you are charged with an internet crime, a sharp Plano, TX cybercrime lawyer is the key to a strong defense. At The Crowder Law Firm, P.C., our aggressive attorneys have secured over 300 acquittals and not-guilty verdicts for our clients and are ready to fight just as hard to protect your rights. Let us use our vast skills, knowledge, and resources to get you the best outcome possible. Call 214-544-0061 to schedule a free consultation with an experienced attorney today.