California Personal Possession of Child Pornography

By: Wallin & Klarich

“Personal Possession” of Child Pornography Can Be Supported By Many Different Forms of Circumstantial Evidence In Tecklenburg v. Superior Court, child pornography was found in the defendant’s home on the family computer. The defendant argued that the child pornography was not his and that it may have been the result of accidental internet use or …

Posted In: Criminal Defense

California Child Pornography

By: Wallin & Klarich

Simultaneous Possession of Multiple Child Pornography Materials in Multiple Computers at the Same Location is Chargeable, But As One Violation of State Law In People v. Manfredi, the defendant was found with multiple images of child pornography in his home on multiple computers, hard drives, discs and tapes. As a result, the prosecutor filed several …

Posted In: Criminal Defense

Internet Sex Crimes in California Includes Obscene Electronic Communication With Minor

By: Wallin & Klarich

Be careful who you chat with on the Internet With the advent of the computer world, there is more and more legislation regarding proper and improper use of the internet. Recent California laws make it a crime to e-mail or electronically communicate with a child under 18. (288.2, 288.3, and 288.4 of the California Penal …

Posted In: Criminal Defense

California Sex Crimes and Internet Crimes Involving Minors

By: Wallin & Klarich

Sexual Internet Crimes The internet gives us the freedom to look at anything we want. But what happens when looking is not enough? People will often look at adult content on the internet and some of it is not adult at all. This brings us to the act of looking at underage photos and/or videos …

Posted In: Criminal Defense

NEW DEVICE HELPS COPS INVESTIGATE COMPUTER CRIMES

By: Wallin & Klarich

Microsoft has developed a small plug-in device that investigators can use to quickly extract forensic data from computers that may have been used in internet crimes. The “COFEE,” which stands for Computer Online Forensic Evidence Extractor, is a USB “thumb drive” that Microsoft distributes to law enforcement agencies investigating computer related crimes. COFEE contains 150 …

Posted In: Internet Crimes

“SOCK-PUPPETING” MAY LEAD TO CRIMINAL CHARGES

By: Wallin & Klarich

For the uninitiated, the term “sock-puppet” is used in reference to the Internet to describe a situation where a person creates a fake online identity, usually for the purpose of deception. While it might seem obvious that, for instance, if a person makes up a false identity, and posts an ad offering to sell a …

Posted In: Internet Crimes

HOW EASY SHOULD IT BE FOR YOUR UNCLE (YOUR UNCLE SAM THAT IS) TO SNOOP THROUGH YOUR E-MAIL ACCOUNT?

By: Wallin & Klarich

A recent opinion by the United States Court of Appeals for the Sixth Circuit recently addressed this issue. Warshack v. United States (6th Cir. Dkt. 06-4092, 6/18/2007). In this case, the US government was investigating Mr. Warshack for suspected mail and wire fraud, money laundering, and other federal crimes and they wanted to obtain Mr. …

Posted In: Internet Crimes

What Kinds of Crimes Can Be Committed On The INTERNET?

By: Wallin & Klarich

The rapid increase in the use of the Internet by people of all walks of life in the past decade has led to a steady increase in Internet crimes. Law enforcement agencies take Internet related crimes very seriously and go to great lengths to lure potential offenders. Internet service providers are willing to work with …

Posted In: Internet Crimes