Posted on November 18,2024 in Sex Crimes

Rape, also referred to as sexual assault, is a sex crime that carries serious legal consequences in Illinois. A common influencing factor in rape cases is alcohol, with some studies showing that 30 percent of all sexual assaults and 75 percent of those on college campuses occur when the offender is intoxicated. This leads many defendants to wonder whether their intoxication can be a defense against a sexual assault charge given that the alcohol may have affected their judgment and perception. Some argue that the alcohol impacted their ability to register that the victim did not consent. However, intoxication is not always a valid defense against a rape charge. For more details or to discuss the specifics of your case, contact an experienced Illinois criminal defense attorney.

Can Intoxication Be a Valid Defense Against Rape Charges?

Sex becomes rape when one of the participants does not consent to it. Some who face rape charges argue they were under the influence of alcohol during the act, which led them to either not realize or care that the victim did not give consent. But when considering a rape case in which the defendant was intoxicated, the law usually differentiates between two types of intoxication:

Continue Reading ››

 Posted on October 23,2024 in Financial Crimes

Tax evasion is a serious offense that can lead to severe penalties including prison time and heavy fines. In some cases, a person who is suspected of evading taxes can be prosecuted under both state and federal laws. The Internal Revenue Service (IRS) may launch an investigation if a person is caught evading state taxes, while the Illinois Department of Revenue might initiate a probe if someone is caught evading federal taxes.

Understanding the consequences of tax evasion is important if you are accused of committing the crime. This article will discuss what those consequences are, as well as some defenses against a charge of tax evasion. Consult an Illinois tax evasion defense attorney for more information or with questions about your specific case.

What Is Tax Evasion?

Tax evasion is deliberately failing to pay taxes you owe the state or federal government. The IRS defines it as the failure to pay or underpayment of taxes. Tax evasion can take several forms, including:

Continue Reading ››

 Posted on September 20,2024 in White collar Crimes

Wire fraud is a serious federal crime that carries severe penalties. Its broad definition and scope allow authorities to apply it to many cases, enhancing state crimes into federal offenses. Sending an email, a text, a video, or any other electronic communication in a fraudulent context can invite a wire fraud charge.

This article will discuss what wire fraud is and its penalties. For more details, or if you or a loved one have been accused of wire fraud, consult an Illinois wire fraud defense attorney to start building your defense.

What Is Wire Fraud?

18 U.S.C. § 1343 defines wire fraud as using wire, radio, or television communication across state lines to defraud someone. Given how pervasive electronic communications and the internet are, nearly all fraud today involves using interstate wire communications.

There are four elements to the crime of wire fraud. A prosecutor must prove:

Continue Reading ››

 Posted on August 14,2024 in Sex Crimes

Grooming a child is a serious sex crime in Illinois with far-reaching penalties. Someone convicted of grooming is considered a sexual predator and may face heavy fines, prison time, and registration as a sex offender. Since it does not need to involve any child pornography or physical misconduct with a child, a person can be charged with a grooming offense before any sexual act has taken place. An Illinois grooming defense attorney is key to crafting a strong defense against grooming charges.

What Is Grooming?

Grooming is when someone uses electronic or written communication or performs any act to seduce or entice a child. In simple terms, any attempt to lure or coax a child into engaging in any sexual act is considered grooming. This is true even if sex was not discussed and even if the attempt was made through a third party.

Continue Reading ››

 Posted on July 12,2024 in Financial Crimes

The Financial Crimes Enforcement Network (FinCEN) issued a rule titled Anti-Money Laundering Regulations for Residential Real Estate Transfers in February 2024. Shortly after, the Illinois Attorney General joined 24 other state attorneys general to file a letter in support of the FinCEN proposed regulations. The initiative is meant to limit the ability of bad actors to use residential real estate transactions to "launder" ill-gotten money.  Under the new law, those who handle real estate closings and settlements must keep records and submit reports of cash transactions. Criminal defense attorneys have some concerns about the new requirements, which include: 

• Federal, state, and local law enforcement would be granted more access regarding any "suspicious" real estate transactions.

  Continue Reading ››

 Posted on June 22,2024 in Sex Crimes

An Illinois bill that recently cleared the General Assembly could influence state law regarding the crime of Dissemination of Child Pornography. House Bill 4623 would outlaw the creation and sharing of child pornography made using artificial intelligence, ban the distribution of AI-generated sexual images without consent, and expand current child pornography laws to cover AI-generated child pornography. Identifying child pornography has been made more difficult by the rapid increase of AI.  

Illinois has severe penalties for crimes related to child pornography. This new AI law broadens the state’s already broad definition of child pornography. Those arrested on charges of Dissemination of Child Pornography must be aware that this charge has stricter penalties than simple possession of child pornography. It is essential to speak to a skilled Illinois sex crime defense attorney as quickly as possible. An attorney from Komie and Associates will vigorously defend charges of Dissemination of Child Pornography.  

Continue Reading ››