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By Carl Simons
Recently I have seen some of the most amazing things advertised
for sale on the Internet, but beware -- if these things are
illegal to begin with, just because the transaction takes
place on the Internet does not make it magically legal. These
sites (whether they're for underage porn, drugs, or advertisements
for illegal services) are monitored by law enforcement.
Case in point are drug sale; whether for steroids, party
drugs, or prescription drugs (you buy without a legal prescription),
you can find Web sites that offer to sell all of these. As
the laws are written in California, the actual crime committed
is for possession of a controlled substance or a narcotic;
they do not care where you got them from.
Federal agents and local police work in tandem -- the feds
monitor the Web site, bust them, then get their customer
list. They then contact the local law enforcement for your
area, and local law enforcement waits for the package to
arrive -- once you take possession of the package you can
be arrested. Most of the cases I have been involved with
were people who had purchased more then one or two "doses" of
a particular drug, but if you are buying illegal substances
off the Net you are subjecting yourself to arrest. Depending
on the amount purchased, you also may be subjecting yourself
to charges either for possession or for intent to sell, as
well as possible federal crimes.
I have also seen drug sale offers take place in chat rooms,
on sex Web sites, and on sites like craigslist. Some of these
ads can be very creative, but in working with narcotics detectives
for almost 10 years, these guys know all the lingo. My favorite
ad recently advertised "one ticket for the TINA concert
for a good price." The ad went on to say that he had " 8th
row seats for the best price." Many police agencies,
both local and federal, now have gay and lesbian detectives
and other employees on staff that can easily decipher the
lingo that is used in our community. I also know my share
of gay and lesbian prosecutors and judges in the court system
as well.
Additionally, offers to have sex for money are also illegal,
but offers for massage or payment for other services may
not be. However, if you are offering a massage, technically
in some cities, you may have to follow certain guidelines
for the transaction to be legal.
As more and more professions are requiring that you be
licensed by the state of California, it is important to know
that most licensing agencies in California will conduct their
own separate investigations should you be arrested regardless
if you are convicted of a crime. If you have or plan on having
an occupation which requires you to have a license, such
as a teacher, real estate agent, nurse, doctor, dentist,
etc, you are subjecting yourself to these types of investigations.
If you are under investigation by one of these boards you
are entitled to an attorney and, unlike a criminal court
proceeding, one will not be provided for you. In most cases,
it is a good idea that you have one or you may not get or
keep the license you worked so hard for.
If you have questions about this or any other legal matter,
please do not hesitate to contact my office at (310) 749-4LAW.
Additionally, I have posted most of my old articles at freelegalinfo4u.blogspot.com.
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