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Bob Wyatt was recently interviewed by the National Law Journal for his expertise in the area of sex crimes and cybercrimes. The article was published on February 18, 2008.
Cyber sex (cybersex) is a common outlet in today's world. As a result, cyber sex crimes are being charged more frequently in federal and state courts. Joint and individual "sting" operations are in place by the FBI, the U.S. Postal Inspectors, Homeland Security, Immigration and Customs Enforcement (ICE) and other state and local law enforcement agencies. Many of these
crimes are prosecuted in the federal courts because of the multi-jurisdictional issues and the federal government's resources devoted to these issues. We defend those charged with sex crimes nationwide in federal courts or in state courts in Oklahoma.The FBI has just celebrated 10 years with special cybercrime units like the Innocent Images National Initiative, which has now gone international in scope. In the past 10 years, the FBI has developed the Computer Intrusion Unit, the Computer Crime Task Force, Cyber Action Teams, IC3 (Internet Criminal Complaint Center), and ECAP (Endangered Child Alert Program). As a result of these specialized units, the federal goverment has increased the investigative presence on the Internet, investigating more than 15,000 crimes and filing criminal charges or indicting in more than 6,000 cases which resulted in nearly 4,800 convictions in the past 10 years.
The U.S. government, through the FBI, ICE, Homeland Security, U.S. Postal Inspectors, Secret Service, and other agencies have conducted dozens of invetigations such as Operation Peer Pressure (investigating the use of peer-to-peer computer systems), Operation Bot Roast and Bot Roast II, Operation Candyman (child porn sting), Operation Crying Eyes Eyes (sexual abuse of children and child porn sting). These federal criminal agencies work closely with National Center for Missing and Exploited Children.
The Wyatt Law Office has represented suspects in some of these operations and many other cyber investigations. With the proliferation of the Internet, criminal complaints involving cybersex and cyber crime will likely involve allegations of crossing state lines for sexual purposes; possession, distribution or manufacturing of child pornography; and/or lewd or indecent proposals to minors via the World Wide Web (i.e., the "Internet"), bulletin board systems, Internet relay chat, Web-based chat, messengers, electronic mail (e-mail) and Usenet or news groups; lewd molestation or sexual exploitation of minors; promoting prostitution; traveling to engage in sex with a minor, interstate communication to entice a minor to engage in sex, and even trafficking in children for sexual purposes or pornography.
If you are under investigation or are charged with any of htese crimes, the Wyatt Law Office can help you.
Recent & Noteworthy Investigations & Results
Bob Wyatt was recently interviewed by the National Law Journal for his expertise in the area of sex crimes and cybercrimes. The article was published on February 18, 2008.
One of the most recent international child pornography investigations is Operation Crying Eyes conducted by the FBI and the Immigration and Customs Enforcement (formerly U.S. Customs) in conjunction with the National Center for Missing and Exploited Children. The Wyatt Law Office represented one of the suspects, who was arrested and charged. Another major recent investigation was the 2002-2003 "Operation Candyman" under the control of the FBI's "Crimes Against Children" Unit and in association with the FBI's "Innocent Images National Initiative" funded by Congress in the amount of $10 million.
Charge Dismissed. February 2007. Client was charged with downloading and viewing child pornography after a former arrest for similar accusations. After a full hearing, the court declined to "accelerate" the previous deferred sentence for possession of obscene materials and the new charge of possession of child porn was dismissed.*
Rape Charge Dismissed. October 2006, the District Attorney dismissed allegations of second degree rape lodged against a medical student and avoided a November jury trial. This decision was based on information discovered by Wyatt in his investigation and challenge of the rape charge. After presentation of the new evidence, the Office of the District Attorney elected to dismiss.*
14-Count Federal Child Porn Indictment Dismissed. October 2006, Wyatt and McCoy investigated, researched, briefed, argued and convinced the federal court to suppress evidence obtained pursuant to a search warrant in the the FBI's nationwide OPERATION CRYING EYES investigation. After the federal judge's ruling, the U.S. Attorneys' Office dismissed the 14-count indictment.*
Forcible Sodomy Charge Dismissed. July 2006, Wyatt secured a dismissal of a college student's charge of forcible oral sodomy based on Wyatt's investigation. There was no plea agreement -- simply a dismissal.*
Statutory Rape Charge Dismissed. Early 2006, a charge of statutory rape was dismissed as a result of Wyatt's representation. No other charges were filed. No plea was entered.*
Child Porn Charges against Professor Dismissed. July 2004, after more than a year of hotly contested litigation, the District Attorney dismissed charges against Wyatt's client for possession of child porn and for using an employer's computer to access child pornography. Client pled no contest to a reduced charge. No jail time ordered.*
Not Guilty Verdict in Rape Trial. May 2004, Mr. Wyatt defended a mentally challenged young man who was accused of raping his 15-year-old niece. The jury who heard a purported jailhouse confession and the 15-year-old's version of the rape rejected the allegations and returned a verdict of not guilty.*
Internet Child Solicitation & Traveling for Sex -- Not Guilty. June 2003, the Wyatt Law Office tried an Innocent Images case to a federal jury in Oklahoma City winning a "not guilty" verdict on both counts of using the Internet to entice a minor for sex and for traveling across state lines to engage in sex with a minor.*
*Note:
Results may vary because each case
must be decided
on its own unique facts and the law applicable to that given case.
You should not infer the likelihood of success on a given case
based on past cases handled by this firm.
Knowledge of Federal & State Sex Offender Laws &
Computer Technology
Knowledge of the federal and state obscenity and pornography laws, the Adam Walsh Child Protection and Safety Act of 2006, the "Electronic Communications Privacy Act," the "Privacy Protection Act, " the "Protection of Children from Sexual Predators Act of 1998," Title III wiretap laws, search and seizure laws, entrapment and other defenses, and pending legislation such as the "Cyber-Molesters Enforcement Act of 2000," the "Internet Crimes Against Children Prevention Act of 2000," and the "Child Sex Crimes Wiretapping Act of 1999" is a must for lawyers representing those charged. Additionally, knowledge of the application of the U.S. Sentencing Guidelines is required, particularly Sections 2G (related to sexual exploitation of minors and obscenity) and 4B1.5 (related to repeat sex offenders). Moreover, it is important to understand that the definitions of "obscenity" and of "pornography" (lewd or sexually explicit images) are unique, particularly in regard to child pornography. Some courts have ruled that even photographs of clothed children can be pornographic if the child's genitals are the focus of the images; conversely, "nudity alone" is not tantamount to "pornography." Therefore, knowledge of the legal standards as well as the prurient interests of the community must be examined.
Use of a computer in the commission of sex crimes can lead to greater punishments, particularly in the federal system. With new technology, searches and seizures of computers generally provide law enforcement with concrete evidence that the suspects are dabblers or have immersed themselves in pornography. Because computers store Internet "trails," suspects are often linked to the crime through their Internet or E-mail accounts or "hidden" data on their own computers (even if the materials are thought to have been deleted, shredded or destroyed by the viewer). As the popularity of surfing the Web becomes more prolific, law enforcement will continue to devote more resources to investigation and prosecution of sex and pornography crimes such as: crossing state lines to engage in illegal sexual activity; lewd molestation of minors and kidnapping; making computer generated sexual communications or advances; voyeurism; possession, promotion and production of child pornography; and many other crimes of a sexual nature.
Sex Offender Registry & Registration
The national sex offender registry will be modified significantly based on the ADAM WALSH CHILD PROTECTION AND SAFETY ACT OF 2006 (PL 109-248 (HR 4472)) passed and signed into law by President George W. Bush. Watch this site for more information, which will discuss the additional requirements that exceed the current information listed below.
Conviction of these Internet crimes and other typical sex crimes (rape, rape by instrumentation, sexual battery, etc) will generally result in mandatory "sex offender registration" nationally and/or in a given location or state for a period not less than ten (10) years and up to life depending on the circumstances. (See generally, 18 U.S.C. § 4042 for the federal law and 57 Okla. Stat. §§ 581-589 for Oklahoma's sex offender registration statutes). Because pornography crimes involving children under 18 (and in some cases under 16 years old) are generally defined by law as "violent" crimes, those convicted are punished severely; even first-time offenders often find themselves serving time in higher security prison facilities with hardened criminals. In many cases, law enforcement may attempt to forfeit computers, scanners, video or other cameras, VCRs, TVs, DVDs and other paraphernalia related to pornography, so you also need counsel familiar with forfeiture actions.
Persons charged with sex or pornography crimes need experienced counsel. The Wyatt Law Office regularly represents those charged with sex and pornography crimes. Since October 2001, the Wyatt Law Office has represented more than 25 persons charged with either state or federal sex or pornography crimes.
See the FBI's national sex offender registry.
Office Locations
The Wyatt Law Office is located in the State's capital of Oklahoma City, which is situated in the middle of the state. Wyatt's office is just two blocks from the federal courthouse and four blocks from the Oklahoma County courthouse. We are less than 10 minutes from the State's appellate courts which are housed in the State Capitol complex. For federal criminal matters outside of Oklahoma, Oklahoma City offers easy connections to most major cities and both coasts from the Will Rogers World Airport. We also have good relations with lawyers statewide so that we can work in almost any venue in Oklahoma.
Mr. Wyatt is licensed in all of Oklahoma's federal courts including U.S. District Court Western District of Oklahoma (Oklahoma City), U.S. District Court Northern District of Oklahoma (Tulsa), and U.S. District Court Eastern District of Oklahoma (Muskogee).
Some of the cities served by the Wyatt Law Office in Oklahoma include: Ada, Altus, Alva, Anadarko, Antlers, Arapaho, Ardmore, Arnett, Atoka, Bartlesville, Beaver, Blackwell, Boise City, Broken Arrow, Buffalo, Chandler, Checotah, Cherokee, Cheyenne, Chickasha, Choctaw, Claremore, Clinton, Coalgate, Cordell, Duncan, Durant, Edmond, El Reno, Elk City, Enid, Eufaula, Fairview, Frederick, Ft. Sill, Guthrie, Guymon, Hobart, Holdenville, Hollis, Hugo, Idabel, Jay, Kingfisher, Lawton, Madill, Mangum, Marietta, McAlester, Medford, Miami, Midwest City, Moore, Muskogee, Mustang, Newcastle, Newkirk, Nichols Hills, Norman (University of Oklahoma), Nowata, Okemah, Oklahoma City, Okmulgee, Pauls Valley, Pawhuska, Pawnee, Perry, Ponca City, Poteau, Pryor, Purcell, Sallisaw, Sapulpa, Sayre, Seminole, Shawnee, Stigler, Stillwater (Oklahoma State University), Stillwell, Sulphur, Tahlequah, Taloga, Thackerville, The Village, Tinker AFB (Air Force Base), Tishomingo, Tulsa, Vance AFB, Vinita, Wagoner, Walters, Warner, Warr Acres, Watonga, Waurika, Weatherford, Wewoka, Wilburton, Woodward, and Yukon.
The Wyatt Law Office will travel to any of Oklahoma’s 77 counties on behalf of a client, which include: Adair County, Alfalfa County, Atoka County, Beaver County, Beckham County, Blaine County, Bryan County, Caddo County, Canadian County, Carter County, Cherokee County, Choctaw County, Cimarron County, Cleveland County, Coal County, Comanche County, Cotton County, Craig County, Creek County, Custer County, Delaware County, Dewey County, Ellis County, Garfield County, Garvin County, Grady County, Grant County, Greer County, Harmon County, Harper County, Haskell County, Hughes County, Jackson County, Jefferson County, Johnston County, Kay County, Kingfisher County, Kiowa County, Latimer County, LeFlore County, Lincoln County, Logan County, Love County, Major County, Marshall County, May County, McCain County, McCurtain County, McIntosh County, Murray County, Muskogee, County, Noble County, Nowata County, Okfuskee County, Oklahoma County, Okmulgee County, Osage County, Ottawa County, Pawnee County, Payne County, Pittsburg County, Pontotoc County, Pottawatomie County, Pushmataha County, Roger Mills County, Rogers County, Seminole County, Sequoyah County, Stephens County, Texas County, Tillman County, Tulsa County, Wagoner County, Washington County, Washita County, Woods County, and Woodward County.