How Internet Crimes Are Prosecuted in New York: Defending Against Online Solicitation Charges

The internet has become a critical part of our daily lives in the digital age. However, as online activity increases, so does the potential for criminal charges tied to internet use. Among the most serious accusations are online solicitation charges, which can carry significant legal consequences in New York.

At O’Brien & Eggleston, our Albany criminal defense attorneys understand the complexities of internet crime cases and how to build strong defenses. Here, we explore how online solicitation charges are prosecuted and what steps you can take to protect your rights.

What is Online Solicitation?

Online solicitation involves using the internet or electronic communication to engage in illegal activity, often related to sexual misconduct.

Common examples include:

• Soliciting a minor for sexual purposes.
• Using chat rooms, social media, or messaging apps to communicate with individuals under 18.
• Attempting to arrange in-person meetings for illegal activities.

New York law takes these allegations seriously, and law enforcement agencies often deploy undercover operations to catch individuals engaging in solicitation.

How Internet Crimes Are Investigated & Prosecuted in New York

In New York, online solicitation cases often fall under state or federal jurisdiction, depending on the nature of the offense and whether interstate communication was involved.

Relevant statutes include:

• New York Penal Law § 130.55: Addressing sexual misconduct.
• New York Penal Law § 235.22: Governing dissemination of indecent material to minors.
• Federal Laws: Such as the Communications Decency Act or statutes under Title 18 of the United States Code.

Because online activity crosses state lines, many solicitation cases are handled in federal court, where penalties are often more severe.

Law enforcement agencies use various tactics to investigate online solicitation, including:

• Undercover Operations: Officers pose as minors in chat rooms or social media to catch offenders.
• Digital Surveillance: Monitoring emails, text messages, and other digital communications.
• Search Warrants: Collect evidence by accessing computers, phones, or online accounts.

The prosecution relies heavily on electronic evidence, including:

• Chat logs or text messages.
• Social media interactions.
• IP addresses tied to specific devices.
• Screenshots or recordings of communications.

The defense’s challenge is ensuring this evidence is properly obtained and interpreted.

Defending Against Online Solicitation Charges

Defending against online solicitation charges requires a strategic approach tailored to the case’s specifics.

At O’Brien & Eggleston, we employ various defenses, including:

• Challenging Evidence Collection

We examine whether law enforcement followed proper procedures when gathering evidence. If evidence was obtained without a valid search warrant or through entrapment, we can move to suppress it.

• Proving Lack of Intent

Intent is a critical element in online solicitation cases. We work to show that there was no genuine intent to commit a crime, such as if communications were taken out of context or misinterpreted.

• Questioning Undercover Operations

Undercover sting operations must adhere to strict legal standards. If law enforcement engaged in entrapment—inducing someone to commit a crime they otherwise would not have committed—we can argue for dismissal of charges.

• Examining Digital Evidence

Digital evidence is not always as conclusive as prosecutors claim. We scrutinize the reliability of electronic evidence, including the possibility of hacking, spoofing, or other third-party interference.

Online solicitation charges are complex, involving intricate legal and technical issues. Having an experienced criminal defense lawyer by your side is critical to protecting your rights. At O’Brien & Eggleston, we deeply understand New York’s internet crime laws and the experience to challenge even the most complicated cases.

Contact Our Albany Criminal Defense Lawyers at O’Brien & Eggleston PLLC Today

If you’re facing online solicitation charges or other internet crimes, contact our Albany County criminal defense lawyers at (518)-391-2369 or online to discuss your case. Let us provide the knowledgeable and compassionate representation you need to navigate this challenging time.