Computer crimes in Texas can take many different forms, from the use of a computer to download child pornography to online solicitation of a minor to identity theft or internet fraud. Sometimes computer crimes are known as cyber crimes, and many computer-related offenses can be charged under federal law or state law in Texas. Given that computer crimes can vary so widely, defense strategies will also vary widely and will depend on the particular type of charges you are facing. Our Dallas computer crimes defense attorneys want to provide you with more information about possible defense strategies for common types of computer crimes in Texas.
When you are facing identity theft charges, you may be able to rely on one or more of the following defense strategies:
· You had permission or authorization to use the other person’s identifying information;
· Another person used your computer to engage in identity theft and you have been falsely accused;
· You did not intend to steal another person’s identity or identifying information; or
· Your Fourth Amendment rights were violated because there was no probable cause or warrant to conduct a search of your computer.
Child Pornography Possession or Distribution
When you are facing child pornography charges related to your computer use, your defense strategy will need to be tailored to the particular circumstances of your arrest and the case against you. Generally speaking, however, you may be able to use one of the following possible defense to possession or distribution of child pornography:
· You did not intend to have child pornography in your possession, and when your computer was searched, you did not know that you were in possession of child pornography;
· You accidentally possessed or distributed child pornography without understand what materials you were downloading or sharing (such as in situations where child pornography may have been included in an email as a result of a computer virus);
· Material you possessed or distributed was not actually child pornography;
· Entrapment, meaning a law enforcement officer induced you to download or share child pornography; or
· Fourth Amendment violation, including any kind of unlawful search and seizure of your computer or other property when the police did not have probable cause or a valid warrant.
Wire Fraud or Internet Fraud
Fraud schemes often use the internet, which usually involves use of a computer. For most types of cyber-related fraud, a clear defense is lack of intent. Fraud crimes require the prosecution to prove that you intended to defraud. As such, if you can show you did not intend to defraud, or that you lacked intent, you may be able to avoid a conviction.
Solicitation of a Minor
Whether you are facing online solicitation of a minor charges under Texas law or federal law, you may be able to build a strong defense with one or more of the following common defense strategies:
· You have been falsely accused of solicitation of a minor;
· Entrapment, meaning that a law enforcement official induced you into soliciting a minor over the internet;
· You had a reasonable belief that the person you were soliciting was not a minor; or
· Another person used your computer in the online solicitation of a minor, and you have been wrongly accused.
Contact a Computer Crimes Defense Lawyer
Are you facing computer crimes charges? One of our Dallas computer crimes defense lawyers can help. Contact the Law Office of Patrick J. McLain, PLLC today.