The Law and You:
Don't Get Stung on the Internet

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.

 
© 2006 IN Los Angeles Magazine. All Rights Reserved