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Home / Child Pornography & Online Solicitation / When Can an Internet Search Be Illegal?
Did you know it can be illegal just to look at something on the Internet, depending on what it is? That’s why it’s important that you know what’s illegal and should be avoided.
One thing, for instance, that’s highly illegal to view on the Internet — even if you don’t download it — is child pornography involving minors aged 17 and younger. Federal and Texas laws against child porn are severe and can lead to many years in prison.
Even a search for child porn on the Web could get you arrested and charged with a crime. That’s because an active search for child porn can indicate an intent to commit the crime of viewing or possessing child pornography.
Also, simply viewing and not downloading child porn on the Internet still can lead to the material being stored in your browser’s cache. Technically, that means you “possess” the illegal material, despite the fact that you didn’t download it.
Many people accidentally see things on the Internet without actively seeking them, and that’s not a crime. Nor is it a crime to view Internet porn featuring consenting adults, which has become one of the largest forms of online adult entertainment.
But make no mistake, if you actively search for child porn online, you could be arrested.
Today, public outrage, vigorous law officers, tough prosecutors, and severe laws can mean you face a difficult legal battle to remain free from prison.
Keep in mind that if you’re charged with possessing child porn on your computer and claim that you didn’t put it there, your previous searches might make it difficult to prove that claim.
For this reason, it’s important to engage an experienced sex crimes defense lawyer at the Neal Davis Law Firm if you need legal help.
Beyond child porn, there are many other sensitive subjects for online searches. And while simply searching some topics may not be a crime, it could raise a red flag for law officers monitoring Internet activity.
Among such subjects are those related to terrorism, illegally modifying weapons, or making explosives at home.
For instance, if you’re a fan of murder mystery novels and run related searches, having “murder” in your search doesn’t make you a suspected murderer. But in other cases, the nature of your search could spark suspicion and an investigation by authorities, depending on the words you use in that search. Authorities can identify you and your computer’s IP address, and follow up with an investigation and even an arrest.
Beyond that, if you use torrent downloading to obtain legally copyrighted material such as a movie or music, that’s illegal. Torrenting in itself is not illegal, provided that the material being downloaded isn’t protected by copyright. But downloading or sharing copyrighted material is illegal under federal law.
If tagged with such a copyright violation, you could lose your Internet service and even face a copyright infringement lawsuit by the holder of the copyrighted material which you downloaded or streamed. (Unofficial streaming services online also may be illegal.)
It also may be illegal to share another person’s pictures and words on a website without their consent. That can be construed as a copyright violation if you own the website, and you could face fines ranging up to $150,000 and possible time in jail.
Many things are perfectly legal to view on the Internet. But many others are not. Be aware of these distinctions and protect your legal rights. Contact the Neal Davis Law Firm to discuss your legal rights if you’ve been charged with a computer crime.
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While based in Houston, our law firm provides knowledgeable representation and comprehensive legal services for individuals throughout Texas, including:
A principle of the American criminal justice system is that all defendants are "innocent until proven guilty." Houston criminal defense attorney Neal Davis and his skilled legal team represent individuals accused of committing crimes. For over 20 years, Neal Davis has successfully defended clients in Texas and federal courts in all types of criminal matters at all phases, from state misdemeanors to complex federal matters. Often, he has favorably resolved criminal cases quickly and quietly, without the need for trial.
The Neal Davis Law Firm defends the rights of individuals charged with all types of state crimes, including drug offenses , child sex crimes, online solicitation of a minor , child pornography, DWI and intoxication manslaughter, fraud and theft, assault and family violence, and murder and homicide, as well as all types of federal crimes.
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The information and materials on this website are provided for general informational purposes only, and are not intended to be legal advice. We attempt to provide quality information, but the law changes frequently, and varies from place to place. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance. An attorney and client relationship should not be implied. Nothing on this website is intended to substitute for the advice of an attorney; therefore, if you require legal advice, please consult with a competent attorney licensed to practice in your jurisdiction. Every case is different and individual results may vary depending on the facts of a case.

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