Wilmington Internet Crimes Lawyer
Delaware law includes a variety of computer-related offenses that involve the Internet, social media, email or texting. For instance, the law outlawing “unrequested or unauthorized electronic mail” (SPAM) makes it a crime to send commercial email after being asked to stop. This offense can range from a class A misdemeanor to a class D felony, depending upon the damages alleged to have been caused. Other Internet crimes may include:
- Internet Wire Fraud
- Internet Scams
Due in part to the large corporate presence in Delaware, state law enforcement has highly sophisticated and experienced police and prosecutorial units devoted exclusively to investigating and prosecuting high tech Internet and computer crime. It is crucial to have an equally strong and sophisticated attorney in your corner who can mount an effective defense against these charges. I am Michael Modica, a former Delaware Assistant Attorney General and criminal prosecutor with over 30 years of experience handling white collar criminal defense in Wilmington and New Castle County. Call a Wilmington internet crimes lawyer at 302-600-1262 for a free consultation if you have been arrested or are under investigation for an Internet crime or other computer-related offense.
Cyberbullying and Harassment
Using the Internet to threaten or harass another can be charged as a criminal offense. This may include using email, texting or social media to personally threaten another in private or to publicly embarrass, insult or humiliate them.
Delaware’s harassment law includes cyberbullying and Internet harassment by including the use of any form of written or electronic communication. Internet harassment under this law, a class A misdemeanor, includes the following elements:
- Using any form of electronic communication
- To engage in insulting, taunting or distressing conduct
- In a manner the person knows is likely to cause fear, alarm or distress
- With the intent to harass, annoy or alarm
As a class A misdemeanor, a person convicted of Internet harassment under this law could be sentenced to a year in jail and fined up to $2,300.
Defense of “Revenge Porn” Prosecutions
Delaware has strong protections of personal privacy in place, including making violation of privacy a criminal offense that can be charged as either a misdemeanor or a felony, depending upon the circumstances. One of the acts prohibited as a criminal violation of privacy is to knowingly publish a naked picture or sex tape of another without that person’s consent. Taking this action for profit or to harass the subject of the picture or video is an aggravating factor which can increase the penalties upon conviction.
The ability to capture pictures and videos with one’s phone these days has led to a proliferation of couples taking sexual pictures and video within the context of a romantic relationship. However, the ease with which these pictures and videos can be posted to the Internet has raised the fear that an ex-boyfriend or girlfriend will post those pictures or video after a breakup to embarrass the other person. The law outlaws such “revenge porn” postings by declaring that a person can consent to having a sexually-explicit picture or video taken within a private relationship and still retain an expectation of privacy regarding that picture or video. Violation of this section of the law is a felony.
Let Me Help You Defend Against Charges of Internet Crime in Delaware
When you are charged with an Internet crime, you may well have multiple defenses available to you. Was evidence seized in violation of 4th Amendment guarantees of reasonable search and seizure? Can the prosecution prove it was you who did the acts they are alleging took place? Can they prove you had the intent to commit a crime? I have decades of experience representing people accused of white collar crime in New Castle County and ensuring that they receive a fair trial with a strong defense. Call the law office of Michael W. Modica in Wilmington at 302-600-1262 for a free consultation by a Wilmington internet crimes lawyer regarding the charges against you.