What is a Chicago Internet Sex Crime?
An internet sex crime can involve the online solicitation of a minor, child pornography possession or sextortion. You can be charged with this crime if it is believed that you used the internet, phone or electronic communications to commit or to attempt to commit a sexually related crime, usually upon a minor.
We represent clients facing the following charges:
- Online Solicitation of a Minor
- Possession of Unlawful Recorded Sounds or Images
- Online Enticement or Grooming
- Traveling to Meet a Minor After Online Communication (Can Be Charged As Attempted Sexual Assault)
These crimes are frequently prosecuted as Class 4, or higher felonies. Often tried in both Cook County and federal courts, internet sex crimes come with life-altering consequences, so it is important that you retain experienced criminal defense services for the legal fight ahead.
An internet sex crime can come with severe penalties and should not be taken lightly. When you need experienced and proven criminal defense services in your corner, don't hesitate to reach out to Combs Waterkotte at (314) 900-HELP.
How Intent Plays a Role in a Chicago Internet Sex Crime Case
In an internet sex crime case in Chicago, prosecutors must prove that there was the intent to commit a sexual act. In order to prove this, prosecutors will have to show that you acted knowingly and that you intentionally used the internet/a phone/social media to facilitate illegal activity.
To prove an internet sex crime took place, prosecutors may rely upon the following evidence:
- Digital Evidence (chat logs, emails, social media messages)
- Conversation History in a Sting Operation
- Proof that You Believed the Alleged Victim was a Minor (under 17 or 15)
If it can be shown that you intended to meet a minor for sex, for example, then intent can be established. Our legal team at Combs Waterkotte may be able to show that while edgy or inappropriate conversations took place, they did not rise to the legal level of intent. When the prosecution cannot prove intent beyond a reasonable doubt, the case will most likely collapse, as communication without the intent to commit a sexual act, does not meet the legal threshold to sustain a conviction.
Law Enforcement Entrapment in Chicago Internet Sex Crime Cases
Frequently, Chicago law enforcement may undergo a sting operation by creating undercover profiles on social media, dating apps or chat rooms. When a police officer then attempts to coerce or persuade you to commit a crime, such as pressuring you to meet up or to send illicit content, entrapment has occurred.
For the defense to show that entrapment took place, it must be shown that:
- Government Inducement Took Place: That the police pressured, persuaded or manipulated you through repeated requests, emotional appeals or coercive tactics.
- You Were Not Predisposed to Commit the Crime in Question: You were not already willing to commit the crime, you don’t have a history of this type of behavior and that you only engaged in these activities because of police pressure.
We may be able to show that the sting operation crossed legal boundaries and that the police officer(s) in question used manipulation, engineering a scenario where the crime otherwise wouldn’t have taken place.
Evidence Inadmissibility in Chicago Internet Sex Crime Cases
In a Chicago internet sex crime case, evidence may be obtained through seized devices, ISP (internet service provider) records and P2P monitoring (peer-to-peer monitoring which allows direct and secure communication between devices). Courts require that evidence be both authentic and untampered with. In order for the evidence to be permissible, it will have to have:
- Been lawfully seized
- Been strictly documented, following chain-of-custody laws
- Been securely stored
Our legal team at Combs Waterkotte will investigate to see if any of the following factors are involved in your case:
- An invalid search warrant
- An improperly searched device
- Lack of valid consent to a search/seizure
- Chain of custody issues (missing documentation of who accessed the evidence, gaps in tracking, unexplained transfers or evidence not labeled or logged)
- Improper storage or preservation (inadequate encryption, failure to use forensic imaging, mishandling devices or loss/corruption of files)
Under Illinois law, if evidence was unlawfully obtained or improperly handled, it may be inadmissible in court. In these situations, we may be able to file motions to suppress evidence or argue reasonable doubt, based on the reliability of the evidence in question.
How Your Rights can be Violated in a Chicago Internet Sex Crime Case
Because these cases are complex, there are multiple ways your rights could be violated during a Chicago internet sex crime investigation. Common ways your rights can be violated in these types of cases include:
- Through an unlawful search and seizure (Fourth Amendment issues)
- Improper interrogation (Fifth Amendment / Miranda Rights issues)
- Entrapment by law enforcement
- Violations in digital evidence handling
- Violation of your right to due process (the state failed to disclose exculpatory evidence, known as your Brady rights, the state used misleading or incomplete evidence or the state denied you fair opportunity to challenge the evidence)
- You were denied access to a criminal defense lawyer, after requesting one
Penalties for an Internet Sex Crime in Chicago
Internet sex crimes have some of the most severe penalties in Chicago. Depending on the specifics surrounding your case, you could be looking at the following penalties:
- Online Solicitation of a Minor: This is a Class 4 felony that comes with 1-4 years in prison and up to $25,000 in fines.
- Sexual Exploitation/Grooming: This a Class 1, 2, or 3 Felony and it comes with 2-15 years in prison.
- Aggravated Child Sex Crime: This can be charged as a Class X felony and it results in 6-60 years in prison.
Regardless of the specifics surrounding your case, when you are facing a penalty as severe as being registered as a lifetime sex offender, you need to take these charges seriously. Being registered as a sex offender will result in restricted housing, restrictions on employment and loss of professional licenses. In these types of cases, you can also expect long-term probation or parole, following release.
Common Defenses in a Chicago Internet Sex Crime Case
At Combs Waterkotte we are prepared to fully investigate all of the details surrounding your case and to identify what might be the best defenses to apply to your case. Common defenses in these types of Chicago internet sex crime cases include:
- Challenging Intent: We may be able to argue that your messages were taken out of context or that you had no genuine intentions to follow through.
- Challenging How Evidence was Obtained / Insufficient Evidence: Because the prosecution has to prove each element beyond a reasonable doubt, we may be able to get evidence suppressed or show that there is no corroborating evidence to begin with.
- Challenging Whether Law Enforcement Violated Your Rights: It is possible your rights were violated during a search or seizure or in an undercover operation, police were leading in their communications or created an artificial scenario
- Showing Mistaken Identity: Because online cases involve IP addresses and shared devices, we may be able to show that someone else had access to your device or account or that your account was hacked or spoofed.
- Showing Lack of Knowledge of Age: We may be able to argue that you were led to believe that the other party was an adult or that age was never clearly disclosed to begin with.
Our team of lawyers will examine your case from every angle, identify the holes in the prosecution’s arguments and build the most strategic defense possible. We fight to uphold your innocence and to pursue the best outcome in your case, whether that is a charge dismissal, reduction or alternative sentence.
