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Currently Penal Code section 311 prohibits the possession of Obscene Material .This statute applies to all possessing and publishing for sale or distribution of sexual conduct by a minor. This statute was updated in 1999 to include storing images on hardware, software or any storage medium including CD-ROMS and any printing of a computer generated image. This charge attempts to stop the flow of "child porn" photography which can be placed by any person on the Internet or their related website.
Another popular law for law enforcement is the Sexual Exploitation of Minors found under C.P.C. § 311.3. This law prohibits a person from duplicating, developing, printing or exchanging an image or photo showing a minor engaging in an act of sexual conduct. This charged is aimed at the user rather than the distributer.
The new Stalking law found in Penal Code section 646.9 now applies to electronic mediums as well. If you repeatedly harass someone by using an electronic communication device and threaten him or her with reasonable apprehension of fear, you are stalking them. Therefore, if you repeatedly threaten someone while on-line and it would otherwise appear to be a legitimate threat causing fear, you have committed cyber stalking and can be prosecuted and sentenced to county jail or state prison. This would apply to phone calls, voicemails and emails.
Penal Code section 653(m) prohibits Contact by Electronic Communication with the Intent to Annoy. What used to only apply to telephone calls now applies to all electronic communication on the Internet. All bad faith telephone calls or electronic communication, which would apply to email, that are made in bad faith and are repeated to annoy are punishable by county jail or state prison.
There are also non-child related offenses such as Computer Hacking (Unauthorized access to computers, systems and data) prohibited by Penal Code section 502. These offenses include destroying and altering data including using another Internet domain name. This crime is a wobbler with fines as high as $5,000 and $10,000 plus penalty assessments.
Often internet crimes violate Federal Law since the Internet crosses state lines and is considered Interstate Commerce. As such, when an Internet crime is conducted, a person may be subject to Federal as well as state prosecution.
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