Winding down my court appearances for 2012, I am struck by the number of criminal cases I had this year that involved social media. Either the crime started with a social media component, or involved some evidence gleaned from a social media platform.
One 19-year old defendant struck-up an electronic
relationship with a girl on the tagged.com web site. Problems arose when, at her insistence, he
met her in the real world and, again at her insistence, had real-life sex. She looked all of 17-years old, but was in
fact, only 14. A criminal sexual conduct
charge followed.
In another case, one of our probationers was violated for
allegedly consuming alcohol. When we
showed up in court on the hearing, her probation officer treated us to pictures
of the young woman with a glass of beer in her hand, provided to the PO
courtesy of one of our client’s FB “friends” who also was on probation and was
looking to bargain herself up the food chain.
The two are no longer friends.
In a third case, a young 17-year old tech-savvy client found
his way onto a few peer-to-peer networks.
Some of these networks had been outfitted with the trappings of social
media in order to attract young web surfers.
Problems for this young man arose when some of the pornographic images
he downloaded, then shared, contained child pornography. By allowing them to remain on his laptop, and
by continuing to participate in the peer-to-peer network, he attracted the
attention of the ever-vigilant federal child porn task force and became the
subject of a law enforcement raid on his home.
He is now charged with several counts of possession and distribution of
child pornography, fighting to stay clear of a prison cell.
Moral of the story: what you do on-line is similar to doing
something in public. On most of these
sites, you are not cloaked in any expectation of privacy; especially when you
are breaking the law.
As in public, when on-line, respect and obey the law.
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