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Internet Crimes

Internet Crimes Attorney – Brett Podolsky

The number of internet crimes is continually rising as technology advances in our society. Texas legislators continue to pass new laws trying to encompass and regulate the internet. Because of the newly developed laws regarding the internet, it is important to find an affordable criminal defense attorney like Brett Podolsky who is experienced in the practice of defending cyber crimes.

Are you being investigated for an internet crime in Houston, TX? Attorney Brett Podolsky is here to help. Contact his office today to receive the best criminal defense possible.

What is an Internet or Cyber Crime?

Cyber crimes are those that are committed primarily by using the internet. In Texas, these crimes span a wide range with different elements to each crime. Internet crimes may be:

Read more on different internet crimes below.

Internet Sex Crimes

Internet sex crimes are some of the most commonly prosecuted criminal offenses in Texas. Many people forget that online activity is subject to the same laws as activity in real life. In addition, Texas considers the intent to commit a crime the same as acting upon the crime, and it can result in an arrest.

Activity on the internet falls under the jurisdiction of both state and federal law. Internet sex crimes include:

If convicted of an internet sex crime, an individual can face two to 99 years in prison, fines of up to $10,000, and a requirement to register as a sex offender. Those convicted of a sex felony often find it difficult to find a job once released from prison.

Sexting

Sexting is a combination of sex and texting. It can involve sending sexually explicit content, including nude images or suggestive messages using text, email, or chat using a mobile device. Even if the individual in the image gave previous consent to capture the image or took the image themselves, distribution is still considered sexting.

For first-time offenders, sexting can be a Class C misdemeanor with a maximum fine of $500. For second or later offenses, or if the individual is sexting with the intent to harass or abuse another person, it becomes a Class B misdemeanor with a maximum fine of $2,000 and up to 180 days in county jail.

Online Impersonation

Online impersonation is one of the most common forms of identity theft. In other jurisdictions outside Texas, it is often referred to as cyberstalking.

It occurs when someone pretends to be someone else by:

State law says a person is guilty of online impersonation if they pretend to be another person with the intent to harm, defraud, or threaten another individual. Related crimes include cyberbullying, harassment, and disruptive activities.

Online impersonation can be charged as a Class A misdemeanor with up to 12 months in jail and up to $4,000 in fines. 

Suppose a person acts with intent to obtain a response from emergency personnel. In that case, the crime can be charged as a third-degree felony with two to ten years in prison and a maximum fine of $10,000.

Online Solicitation of a Minor

In Texas, a minor is anyone under 17 years of age. Online solicitation of a minor is when someone 17 or older uses any electronic means of communication to have a sexual conversation or intentionally solicit six with someone who is or claims to be under the age of 17.

Online solicitation of a minor includes explicit sexual language or exchanging explicit photos or videos. If someone attempts to meet with an underage individual with the intent of engaging in sexual activity, even if the sexual act never takes place, that person can be arrested and charged.

If the individual solicited is under 17 years old, the charge is a third-degree felony with two to ten years in state prison and a fine of up to $10,000. If the person is under the age of 14, the charge becomes a second-degree felony with two to 20 years in state prison and fines up to $10,000.

Someone convicted is frequently required to register as a sex offender and submit to monitoring.

Consequences of a Conviction

The Texas Legislature has passed laws making internet and cyber crimes serious offenses. Internet crimes are not treated lightly by the District Attorney’s Office and will be aggressively prosecuted. The Houston Police will take steps to thoroughly investigate cyber crimes. These crimes may carry incarceration of prison sentences and high fines. In addition, those convicted may be forced to pay restitution to the victims.

How Can Brett A. Podolsky Help?

Many people erroneously believe that it is not crime to download music or software from a peer to peer sharing website. Downloading music, movies or software without paying for it is illegal. Even if the songs or movies downloaded are for personal use and not distributed, the State of Texas considers this to be criminally punishable. A person can be charged with an internet crime for illegal downloads. A judge or jury will not take pity on a person even if they did not believe they were committing a crime. If someone has engaged in these behaviors or has been charged with this crime it is important to contact Brett A. Podolsky to discuss your options. Attorney Podolsky will provide a well-designed defense and produce the best possible outcome for your situation.

Attorney Brett Podolsky has experience defending cyber crimes in Houston. He will be able to evaluate his client’s case and prepare an effective defense. Many times he will be able to have the charges dismissed or dropped. If the evidence against you makes this outcome impossible, Mr. Podolsky will work to get the charges reduced.

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