Introduction

Internet crime in Arizona has increased over the past ten years, leading to Arizona finding a place on the top 20 list for Internet crimes as reported by the FBI.

Depending on the type of Internet crime committed, those accused could be subject to misdemeanor or felony charges, leading to large fines or jail time, even for first time offenders. Because Internet crimes can have severe consequences, it is important to understand what constitutes an Internet crime, what the potential punishments are, and possible defenses.

If you have been accused of committing an Internet crime, it is best to contact an experienced criminal law attorney that can help you understand and defend your case.

Internet Crimes – What Are They?

In Arizona, Internet crimes, also known as cybercrimes, are a broad category of criminal activity that involves computer activity. Internet crimes are generally grouped into three categories:

• Where the computer is the target. This includes hacking and spreading malicious software.
• Where the computer is the means for committing the target offense. For example, identity theft and solicitation of a minor for sexual content.
• Where the computer is an accessory. This occurs where someone uses a computer to store illegal information. For example, in a child pornography case where a person stores sexually explicit material of a minor on their device.

Internet crimes are not limited to activity conducted on computers. An offense can occur over a Smartphone, tablet, or any other electronic device that can connect to the Internet.

Types of Internet Crimes

Internet crimes are often crimes that would otherwise be illegal without the Internet, but given the increase in the use and accessibility of technology, the crimes can now be conducted online. Arizona legislators have passed multiple pieces of legislation to cover these evolving types of Internet crimes. The most common include:

• Hacking
• Identify Theft
• Illegal Downloading
• Internet Pornography
• Child Pornography
• Child Internet Solicitation
• Internet Auction Fraud
• Credit Card Fraud

Because Internet crimes can take a variety of forms, speaking to a criminal law attorney will be the best way to approach your case. Discussed below are the most common types of Internet crimes.

Hacking

In Arizona, computer tampering, or more commonly known as hacking, occurs whenever a person knowingly alters, damages, deletes, or destroys any computer system or part of a computer system that is not their own. Offenders of hacking also must have the intent to defraud, or gain control of the computer property through false promises.

Hacking is a class 3 felony which has a sentence between 2.5 and 8.75 years in prison.

Child Pornography

Under both Arizona and federal law, the commission of the crime of child pornography in the context of the Internet involves any sexually explicit visual image of a minor.

Crimes involving child pornography can be committed both on and off the Internet. To qualify as an Internet crime in Arizona, the accused only need to have minimally involved a computer. For example, viewing a picture on a webpage or email or sending images via email, Dropbox, or through social media pages, will all be enough to consider the offense an Internet crime.

Child pornography constitutes a class 2 felony, the most severe in Arizona. If convicted of a class 2 felony, the minimum sentence begins at 4 years in prison and a maximum of 12.5 years.

If the child is under 15, the penalties in Arizona are harsher, with a minimum sentence of 13 years and a maximum of life imprisonment.

Child Internet Solicitation

Internet solicitation of a minor in Arizona involves inviting, luring, offering, or soliciting someone over the Internet who is under the age of 18 to engage in sexual conduct. Solicitation of a minor often occurs through social media platforms like Snapchat, Facebook, and Instagram, all of which qualify as an Internet crime.

A person convicted of luring a minor for sexual exploitation will face a class 3 felony which has a minimum of 2.5 years in prison. Like child pornography, if the minor is under the age of 15, a person who has engaged in Internet solicitation of a minor may be subject to life imprisonment.

Credit Card Fraud

Credit card fraud is another common crime committed over the Internet. It involves taking possession of another person’s credit card without their consent or being the recipient of a known stolen credit card. A credit card for purposes of the Arizona crime includes a credit card, charge card, or debit card, among all other types of cards issued to a specific individual and used to acquire goods, money, and services.

A person need not necessarily use the card in order to be convicted of Internet credit card fraud. A person need only have received the cardholder’s information without permission via the Internet.

Credit card fraud is a class 5 felony, carrying a jail sentence of a minimum of six months and a maximum of 2.5 years. A person may also be punished for the theft itself if the credit card was used to purchase anything. Depending on the value of the items purchased, consequences range from a class 1 misdemeanor to a class 5 felony.

Defenses to Internet Crimes

A criminal lawyer will best be able to assert defenses on your behalf. Defenses are arguments used to show that you should not be found guilty of the crime in which you are charged.

Defenses to Internet crimes will usually include showing that the person accused did not have the criminal mindset necessary for the crime which they are charged. However, for certain sex crimes involving minors, it will not be a defense to say that you thought the person was above minority age. The fact that the crime was committed is enough for a conviction.

Other defenses include a violation of Miranda rights, denial of counsel, illegal surveillance by law enforcement officers, among other defenses that may be applicable based on your specific circumstances.

The Fourth Amendment and Internet Crimes

The Fourth Amendment to the U.S. Constitution protects people from unreasonable searches and seizures by the government. This can often come into conflict where law enforcement must investigate cyber criminal activity.

All searches conducted by law enforcement should be reasonable. For example, a warrant for certain files on your computer does not give the officers access to all the files on your computer. The same goes for any technological device like a Smartphone or tablet. Failure to comply with the Fourth Amendment may lead to the evidence being suppressed, or unusable, at trial.

If you believe that your online activity has been subject to an unreasonable search, you should contact an attorney immediately.

Contact an Attorney for Representation

Given the broad amount of crimes that could be committed over the Internet and the evolving status of the law due to the developments in technology, narrowing down the activity that led to your specific charge may be complicated. In order to ensure that your case is handled effectively and with care, you should contact a knowledgeable and experienced criminal law attorney to help see your case through all phases, from charge to trial.