Allegations involving computers, phones, online accounts, and digital communications can become serious very quickly. So-called internet crimes may involve state charges, federal charges, or both, depending on the conduct alleged. These cases often turn on technical evidence, account access records, device ownership, IP logs, digital files, and questions about who actually used a computer or online account at a particular time.
At the Law Office of H. Charles Gorian, we understand that internet-based allegations are often more complex than they first appear. In many cases, the prosecution still must prove not only that unlawful conduct occurred, but also that the accused person was the one who knowingly committed it. Our office provides strategic, one-on-one defense representation tailored to the facts of your case.
What Is an Internet Crime?
“Internet crime” is not a single criminal offense. It is a broad term that may refer to many different alleged crimes involving computers, networks, online accounts, digital communications, or electronic data.
In California, one of the main computer-crime statutes is Penal Code section 502. That law covers many different acts, including knowingly accessing a computer, computer system, or network without permission to defraud, deceive, extort, obtain money or data, disrupt services, damage programs or data, introduce a computer contaminant, or assist others in gaining unlawful access. Other internet-related cases may involve different statutes entirely. For example, Penal Code section 530.5 addresses identity theft and the unlawful use, retention, sale, or transfer of another person’s identifying information for unlawful or fraudulent purposes.
Common Types of Internet Crime Allegations
Internet-related criminal cases can involve many different types of accusations, including:
- computer hacking or unauthorized access
- identity theft
- online fraud or financial fraud
- release of malware, spyware, or computer contaminants
- online solicitation-related allegations
- unlawful possession, receipt, or distribution of child sexual abuse material (CSAM)
- other white-collar or electronic-records offenses.
Some of these cases may be prosecuted under California law, while others may be charged federally, especially when they involve interstate communications, large-scale fraud, or child exploitation material transmitted over the internet. DOJ guidance identifies federal statutes addressing mail fraud, wire fraud, and offenses involving the sexual exploitation of minors and CSAM.
Why These Cases Can Be Complex
Internet crime cases often raise difficult proof issues. A device may be shared by multiple people. An online account may be accessed by more than one person. A file may be stored, transferred, cached, synced, or downloaded in ways that are not obvious without technical analysis. In many cases, the defense may focus on whether the prosecution can truly link the alleged conduct to the accused person, whether the access was actually unauthorized, and whether the required knowledge or intent can be proved. This is an inference drawn from the structure of California’s computer-crime and identity-theft statutes, which focus heavily on unauthorized access, knowing conduct, and fraudulent use.
Because of that, a careful review of forensic evidence, device history, account records, and the methods used by investigators can be especially important.
Common Defenses to Internet Crime Charges
Every case depends on the facts. Possible defenses may include:
- the defendant did not commit the alleged online act
- the prosecution cannot prove who actually used the device or account
- access was not unauthorized as alleged
- lack of fraudulent intent
- lack of knowledge of the unlawful material or conduct
- false accusation or mistaken attribution
- unlawful search or seizure of devices or digital evidence
These are common defense themes in internet-related criminal cases. The most effective defense depends on the exact statute charged and the technical evidence involved. California’s computer-crime and identity-theft statutes make clear that unauthorized access, knowing conduct, and unlawful purpose are central issues in many of these cases.
Speak with an Internet Crime Defense Attorney
If you are under investigation for an alleged internet crime, or have already been charged, it is important to seek legal advice as early as possible. These cases can move quickly, and digital evidence can be complex.
The Law Office of H. Charles Gorian represents clients throughout Riverside County and San Bernardino County. Call (951) 395-0511 today or fill out our form for a free and confidential consultation.