In Today’s Digital World, One Click Can Lead to Multiple Criminal Charges
In today’s connected world, a single click can have serious legal consequences. While social media and digital platforms offer many benefits, they are frequently misused to harass, extort, embarrass, and cause emotional distress to others. As criminal defense attorneys, we’ve seen firsthand how law enforcement—at local, state, and federal levels—are prosecuting online crimes more aggressively than ever before.
Common Online Crimes and Their Consequences
Many individuals face criminal charges for various online behaviors, including:
Cyberbullying (sending threatening or harmful messages)
Cyberstalking (electronically following or harassing someone)
Non-consensual Disclosure of Intimate Material (sending explicit images without permission)
Sextortion (threatening to expose private images for personal gain)
Revenge Porn (posting intimate images online without consent)
What many don’t realize is that a single online action, such as sharing a private image, can lead to multiple criminal charges across both state and federal levels. Prosecutors treat digital activity as having a broad “footprint,” with each platform—social media, email, cloud services, etc.—being considered a separate venue for criminal conduct, which can result in multiple charges stacked on top of each other.
How Location Affects Online Crimes
One image can appear on several different platforms (Facebook, Instagram, email, etc.), and each instance of sharing or viewing that image can count as a separate crime. If the image is shared across state lines or internationally, the conduct may implicate multiple state laws and even federal law.
Example Scenario:
Jack and Jill were in a romantic relationship throughout college, during which they exchanged intimate photos. After graduation, Jill moved to Florida while Jack stayed in Texas. When their relationship ended, Jack shared an explicit photo of Jill online. With just one click, the image was viewed by individuals in California, Florida, and New York. Jack could face charges in all four states, plus federal charges. Much like throwing a stone into a pond, the legal ripples spread far beyond the initial act.
The Complexity of Digital Evidence in Online Crime Cases
One of the biggest challenges in prosecuting and defending against internet crimes is dealing with the jurisdictional overlap. Different laws in various states and the federal government can complicate the legal process, making it critical for defense attorneys to navigate both state and federal courts. The rise of digital evidence means that a single action can have multiple legal consequences across various jurisdictions.
The Importance of Understanding Digital Evidence
With digital evidence being crucial in modern criminal prosecutions, understanding how it is collected and handled is vital for an effective defense. Some of the major challenges related to digital evidence include:
Authentication Issues (verifying who accessed the device and when)
Privacy Concerns (password-protected information and cloud storage)
Recovering Deleted Content (can prosecutors retrieve deleted images or messages?)
Alternative Interpretations (can the digital evidence be understood in different ways?)
The Fourth Amendment protects against unreasonable searches and seizures, but as technology advances, these protections become more complicated when applied to digital devices. Criminal defense attorneys must understand the technicalities that differentiate local behavior from federal violations and how to challenge digital evidence in court.
What This Means for Your Legal Defense
An experienced criminal defense attorney is essential when facing online crime charges. Handling internet crime cases requires specific skills, including:
Understanding the collection and preservation of digital evidence
Navigating social media platforms and their unique operational features
Knowing how different states’ laws apply to online conduct
Challenging digital evidence and upholding constitutional rights in digital spaces
Given the high stakes involved in online crime cases, early intervention is crucial. A single digital action can lead to multiple charges across different jurisdictions. Since digital evidence is permanent and prosecutorial strategies are always evolving, it’s essential to take swift legal action to protect your rights.
Think Before You Click: Digital Behavior Has Real Consequences
If you take away one thing from this article, it’s this: think before you share intimate images. What may seem like a harmless or “normal” act could lead to significant legal consequences. This is especially true if minors are involved—additional charges are almost always involved when underage individuals are in the mix.
How We Can Help You
At Coxwell & Associates, PLLC, we stay up to date on the latest digital laws and jurisdictional challenges. Our team understands the technical and legal complexities involved in online crime cases. If you’re facing charges related to online conduct, early intervention is key. Contact us today for a consultation with skilled attorneys Merrida Coxwell (merridac@coxwelllaw.com) or Courtney Sanders (courtneys@coxwelllaw.com).