Cyber and Internet Crime

Published on: February 2, 2018

The Texas Court of Criminal Appeals Finds Online Solicitation of a Minor Unconstitutional

On October 30, 2013, the Texas Court of Criminal Appeals held that Texas Penal Code §33.021(b) was unconstitutionally overbroad. The Court ruled that the language in subsection (b) is language that is either already criminalized in another penal code section or is constitutionally protected free speech. Ex parte Lo, 424 S.W.3d 10, 20 (Tex. Crim. App. 2013), re computer-300x199 h’g denied (Mar. 19, 2014).

Only subsection (b) of Texas Penal Code §33.021 was held unconstitutional and the remaining portions of the statute remain criminal offenses. But, if you were convicted under subsection (b), you may be eligible to have your conviction overturned by filing a writ of habeas corpus. The Court of Criminal Appeals has held that a penal code section that is declared unconstitutional renders convictions under that particular section void and “a person convicted under a statute later declared to be void is entitled to relief when he raises that claim for the first time in a writ of habeas corpus.” Ex Parte Chance, 439 S.W.3d 918, 921 (Tex.Crim.App.,2014) (Cochran, J. concurring).

If you were charged with an offense under this section and received deferred adjudication, regular probation, or you served time in the Texas Department of Criminal Justice, you will want to contact a lawyer to determine whether you can have your case heard. Having an Online Solicitation of a Minor charge on your record can have devastating effects. Along with the stigma associated with such a charge, you most likely have been registering as a sex offender. If you, a friend, or loved one have already been convicted of online solicitation of a minor, contact the Law Office of Dayna L. Jones today to see if you are eligible to have your case overturned.

Published on: September 12, 2011

San Antonio Teens and Parents: New “Sexting” Law in Texas

by Law Office of Dayna L. Jones

Governor Rick Perry signed several bills into law that will impact the San Antonio area and surrounding communities, Bexar county, and Texas. The regular 82nd legislative session ended on May 30, 2011, and the following Senate Bill took effect on September 1, 2011. The following summary of the law concerns the Penal Code, the Family Code, the Code of Criminal Procedure, the Family Code, and the Education Code. This new law, and all Texas laws, can be located at the Texas Constitution and Statutes website. As with all new laws, the changes made apply only to offenses committed on or after the effective date.

SB 407, Relating to the creation of the offense of electronic transmission of certain visual material depicting a minor and to certain educational programs concerning the prevention and awareness of that offense. Penal Code Sections 37.09 and 43.26 amended, and Section 43.261 added. Code of Criminal Procedure Chapter 6 and Articles 38.45, 39.15, 42.12, 45.0215 and 45.0216 amended, and Articles 6.09 and 45.061 added. Family Code Sections 51.03, 51.08, 51.13, 58.003, 59.004, and 61.002 amended, and Section 54.0404 added. Education Code Section 37.218 added.

Previously, minors who were convicted of “sexting” (sending sexually explicit material via electronic means) would be tried as adults under pornography laws. The term “sexting” has recently made it into the Oxford Dictionary. The consequences for the minor could have been a possible felony conviction and registration as sexual offenders, which would have resulted in a lifetime of negative stigmatisms. Under the new law, the punishments more accurately fit the crimes and take into account a defendant’s impressionable age and whether it is their first conviction.

The new law uses a tiered system and minors are to be charged with misdemeanors. Individuals who are 17 years of age and younger can be tried for both the promotion and the possession of sexting material. Minors facing their first conviction of sexting will be charged with a Class C misdemeanor (maximum fine of $500). A second offense is a Class B misdemeanor (up to 180 days in jail and maximum fine of $2000) and a third offense is a Class A misdemeanor (up to one year in jail and maximum fine of $4000).

There are several requirements associated with the new law. County court judges are required to take a minor’s plea in an open court. Parent(s) of the minor are required to be in attendance in the court. All records are to be expunged on the 17th birthday of the minor if they have been convicted of only one sexting offense. For cases punishable by fines only, the case will be transferred to juvenile court. If the defendant is convicted and required to complete an educational program, the defendant and/or the parents are held financially responsible for any costs. The courts are allowed to seal the records of minors who attend and complete an educational program.

In addition, the new law requires the Texas School Safety Center, in cooperation with the Office of the Attorney General, develop the program for the psychological, social and legal consequences to be used by Texas school districts to educate students. The program must be written by January 1, 2012, and updated each year. The program will be available beginning the 2012-2013 school year. Each school district will decide what grade level is appropriate for introduction.
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Published on: August 20, 2011

Bexar County, Texas: San Antonio Man Gets 220 Years for Possession of Child Porn

by Law Office of Dayna L. Jones

computer small.jpg A 43-year-old man in San Antonio, Texas was sentenced Friday on 22 counts of possession of child pornography to 220 years in the Texas Department of Criminal Justice. Each count of possession of child pornography, a 3rd degree felony, carries a maximum range of punishment of 10 years. But, Judge Herr of the 186th elected to run each sentence consecutive to one another, making one of the longest sentences that prosecutors can remember in Bexar County history.

During the punishment hearing, the prosecutors presented two women who testified that they were sexually abused by the defendant when they were very young. The prosecutors told the judge that he was not just possessing hardcore child pornography, but he was a sexual predator who would strike again if he was released in 10 years.

What you do in the privacy of your home may not be so private when it comes to the internet. With the internet making information readily accessible, prosecuting cyber and computer crimes has been pushed to the forefront of the U.S. Attorney’s agenda. Recently, U.S. Attorney General Eric Holder made news when he announced that 72 two defendants will be prosecuted in the most expansive possession of child pornography case in U.S. history. U.S. officials used the name Operation Delego to investigate a vast international online community that was allegedly trading graphic images and videos of adults sexually abusing children.
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