COVID and computer crimes

Attorney Peter D Aiken State and Federal Child Pornography Defense Attorney 941-366-3506

With more and more people staying home, and more and more people feeling depressed and lonely because of the social distancing, computer crime is on the increase.  Lonely men on dating sites looking for adult companionship sometimes fall for the bait and switch by the undercover chatters in the various Internet Sex Stings

Police are trolling the Internet, particularly the gay hookup sites, trying to entrap men into compromising chat and sometimes luring and seducing them into traveling to meet a minor.  Do not give in to any type of temptation to meet an underage person for any reason.  If you are on Grinder or any type of site like “” and anyone even hints they are underage, immediately stop chatting.  If they ask for a phone number, do not give it.  If they want to text, do not do it.  It is always a cop.  There are no underage girls or boys on the Internet looking for “experience” or an “older guy”.  It is always the police.

The best way to not get arrested is to not commit a crime. Never send a “dick pic” to anyone.  There is a scam running on the Internet now, where a person pretending to be an underage teenager will trick someone into sending a “dick pic”.  After that, a person pretending to be the father will contact you demanding money.  It is a scam.

Sarasota and Manatee County Child Pornography Defense Attorneys

There is another scam where after sending a pic, you will be contacted by a person pretending to be the police offering a “diversion program” or counseling for a fee in return for not being arrested.  This is a one hundred percent scam.  Do not fall for it.

The Internet is a dangerous place and the Internet world is full of scammers looking for a way to get your money.  The police will never ask you for money.

There has been an explosion of child pornography cases.  I suspect that some “bad cops” are actually posting links to child pornography sites.  There is a law that they cannot transmit child porn, but nothing stops them from posting links to child porn sites in chat groups, and then prosecuting people when they go to those sites and look at it or download it.

If you are contacted by the police, and you feel that at some time you may have in some way done something improper, do not try to talk your way out of it.  Do not consent to allowing the police to take your computer or cell phone.  If they have a search warrant, do not resist.  But if all they do is threaten to get a search warrant, do not give in, or agree or provide them with anything.  In America, you have the right to an attorney.  You need to exercise that right and “lawyer up” immediately.  Never consent to an interview.  It will never help you and only hurt you in the long run.  If you have questions, call a lawyer, a sex crime lawyer immediately.

With “Child Porn” Deleted Doesn’t Mean It is Gone

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 Deleted Doesn’t Mean It is Gone

We live in a country where you can be sentenced to prison for simply looking at a picture.  Most people have no idea how much trouble you can get in for simply looking at an image on a computer.  Child pornography prosecutions each year put hundreds of men in prison for simply looking at images of under aged teenagers engaging in sexually explicit conduct.  For example, if a seventeen year old girl sends a sexually explicit photograph of herself to her nineteen year old boyfriend, he can go to jail for simply having it on his cellphone.  As a Florida sex crime lawyer, I once had a case where a teenage boy, with the same name as his dad, was looking at sexually explicit pictures of teenage girls, his own age, on the family computer.  The dad was immediately targeted by the FBI and a search warrant was executed taking the family computer.  Although the boy had “deleted” the images, they were still there without the dad’s knowledge.

If you think you have deleted and image, you are wrong.  It is still lurking in your computer somewhere, most of the time in “unallocated space”.  You may be in possession of child pornography unintentionally.  You may have received something you do not want and never intended to get but simply don’t know how to get rid of it.  You may have been downloading adult porn and accidently have seen or downloaded kiddie porn.  Once it gets in your computer, you have a real dilemma.  If you take it to a computer tech to have it removed, they may and will report you to the police.  If you buy one of the commercial products to “erase” it, it may not work.  You may have downloaded something and never opened it and may not even know it is on your computer.

On possible solution is to reformat your hard drive totally wiping out everything on your hard drive, including the operating system.  Another but costly solution is to destroy your hard drive.

Throwing away your computer or cellphone is not the answer.  As a Sarasota Child Pornography Attorney,I have seen cases where a cellphone is found, after being lost, and found to contain child porn, usually messages that constitute texting. As a Fort Myers Child Porn Lawyer, I once saw a case where a computer was thrown into a canal.  The FBI recovered it and the hard drive still contained the images. As a Florida State and Federal Child Porn Defense Lawyer, I have been defending child porn cases for over twenty years.  I have seen the penalties increase 500% in the last ten years with horrible minimum mandatory Federal Sentences.  There are defenses to these cases and having a criminal lawyer that is savvy and understands technology can make a difference.  Never voluntarily surrender your computer to any law enforcement officer.  Demand to see a search warrant and never, no never, make a statement or consent to an interview.  If contacted by the cops, call  941 366 3506 24/7 or send me a confidential email to with contact information and view (by clicking) the “ABOUT” at the top of this page to see my 40 years experience and credentials. All Replies below are strictly confidential and never public.

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Related information from the FDLE Website:

Possessing, distributing, transmitting and manufacturing child pornography are all illegal in the State of Florida and are third degree felonies covered under Florida Statutes 847.0135, 847.0138 and 827.071.

 “Child pornography” means any image depicting a minor engaged in sexual conduct.
Florida Statute 847.001(3)

“Minor” means any person under the age of 18 years.
Florida Statute 847.001(8)

“Sexual conduct” means actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, or sadomasochistic abuse; actual lewd exhibition of the genitals; actual physical contact with a person’s clothed or unclothed genitals, pubic area, buttocks, or, if such person is a female, breast with the intent to arouse or gratify the sexual desire of either party; or any act or conduct which constitutes sexual battery or simulates that sexual battery is being or will be committed. A mother’s breastfeeding of her baby does not under any circumstance constitute “sexual conduct.”
Florida Statute 847.001 (16)

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