Digital Investigations Brett Spencer, Special Agent South Dakota Division of Criminal Investigation SD ICAC Taskforce Huron Field Office

Digital Investigations

Brett Spencer, Special AgentSouth Dakota Division of Criminal Investigation

SD ICAC Taskforce

Huron Field Office

Objectives

• Understand the state laws on technology and sexual assault.

• Learn about different technological platforms where exploitation may occur

• Understand how to teach and protect children and teenagers on the dangers of exploitation.

• Learn about resources within communities

Social Media Trends

- “hhttp://www.jeffbullas.com/2015/04/08/33-social-media-facts-and-statistics-you-should-know-in-2015/” April 8, 2015

Social Media Trends

Global Active Internet Users now totals 3.175 Billion, that’s nearly half of the world’s population (7.357 Billion)

- “http://www.socialmediatoday.com/social-networks/kadie-regan/2015-08-10/10-amazing-social-media-growth-stats-2015” August 10, 2015

Social Media Trends


There are 2.206 Billion Social Media Users


Social Media Trends


There are 2.206 Billion Social Media Users There are 3.734 Billion Unique Mobile Users,

accounting for a 51% worldwide population


Social Media Trends


There are 2.206 Billion Social Media Users There are 3.734 Billion Unique Mobile Users,

accounting for a 51% worldwide population 1.925 Billion users utilize their mobile devices

for Social Media


Social Media Trends

2 million smart phones are sold worldwide every single day


Social Media Trends

2 million smart phones are sold worldwide every single day

12 new active mobile social users are added every second, that’s 1 Million per day


Facebook

Facebook

There are nearly 1.4 billion Facebook users

- “http://www.jeffbullas.com/2015/04/08/33-social-media-facts-and-statistics-you-should-know-in-2015/” April 8, 2015

Facebook

There are nearly 1.4 billion Facebook users 47% of all Internet users are on Facebook


Facebook

There are nearly 1.4 billion Facebook users 47% of all Internet users are on Facebook 4.5 billion likes are generated daily


Facebook

There are nearly 1.4 billion Facebook users 47% of all Internet users are on Facebook 4.5 billion likes are generated daily Nearly 75% of Facebook’s revenue comes from

mobile advertising


Facebook

There are nearly 1.4 billion Facebook users 47% of all Internet users are on Facebook 4.5 billion likes are generated daily Nearly 75% of Facebook’s revenue comes from

mobile advertising Direct uploads of user videos to Facebook

now exceed YouTube


http://fortune.com/2014/12/09/facebook-video-youtube/

Snapchat

Snapchat

Photo messaging (videos, text and drawings)

Snapchat


Supposed limited access...

Snapchat



Vehicle for sexting and child pornography

Snapchat



Vehicle for sexting and child pornography

Main demographic users are between 13 and 25

Snapchat

Launch Date: September 2011

- February 2014 DMR 11 Amazing Snapchat Ststistics

Snapchat

Launch Date: September 2011 26 Million US Users in 2014

- http://expandedramblings.com/index.php/snapchat-statistics/

Snapchat

Launch Date: September 2011 26 Million US Users in 2014 100 Million active users on 05-26-15


Snapchat

Launch Date: September 2011 26 Million US Users in 2014 100 Million active users on 05-26-15 8.796 photos shared every second


Snapchat

Launch Date: September 2011 26 Million US Users in 2014 100 Million active users on 05-26-15 8.796 photos shared every second $3 million revenue in 2014


Snapchat

Launch Date: September 2011 26 Million US Users in 2014 100 Million active users on 05-26-15 8.796 photos shared every second $3 million revenue in 2014 Estimated $50 million revenue in 2015


Snapchat

Launch Date: September 2011 26 Million US Users in 2014 100 Million active users on 05-26-15 8.796 photos shared every second $3 million revenue in 2014 Estimated $50 million revenue in 2015 71% of users are under the age of 25


Snapchat

Launch Date: September 2011 26 Million US Users in 2014 100 Million active users on 05-26-15 8.796 photos shared every second $3 million revenue in 2014 Estimated $50 million revenue in 2015 71% of users are under the age of 25 70% of users are female


Other factsViber has over 200 million users

There are 639 million users on Qzone (China)

600 million users on Whatsapp

Facebook messenger has 500 million users

Wechat is close behind with 468 million users (China)

Russia’s “VKontake” has 100 million users

Snapchat has been valued at close to $20 billion at the last valuation

Social networks will earn $8.3 billion from advertising in 2015


Social Media Side Effects

Increase in Cyber bullying

- “Effect of Electronic Media on Children” 4 February 2013



Increase in online sexual predators





Decrease in face to face interactions





Decrease in face to face interactions

Increase exposure to alcohol, tobacco and sexual behaviors


How to Respond to Bullying

If someone makes contact with you in an inappropriate or hurtful way, block them



keep the message or comment as evidence




report them to the owner of the website and/or Law Enforcement




report them to the owner of the website and/or Law Enforcement

Don't respond to bullying or harassing contacts - this just creates more trouble

South DakotaLaws

Definitions SDCL 22-24A-2

"Child" or "minor," any person under the age of eighteen years

"Nudity," the showing or the simulated showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering; or the showing of the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple; or the depiction of covered male genitals in a discernibly turgid state for the purpose of creating sexual excitement.

Definitions SDCL 22-24A-2

"Prohibited sexual act," actual or simulated sexual intercourse, sadism, masochism, sexual bestiality, incest, masturbation, or sadomasochistic abuse; actual or simulated exhibition of the genitals, the pubic or rectal area, or the bare feminine breasts, in a lewd or lascivious manner; actual physical contact with a person's clothed or unclothed genitals, pubic area, buttocks, or, if such person is a female, breast with the intent to arouse or gratify the sexual desire of either party; defecation or urination for the purpose of creating sexual excitement in the viewer; or any act or conduct which constitutes sexual battery or simulates that sexual battery is being or will be committed. The term includes encouraging, aiding, abetting or enticing any person to commit any such acts as provided in this subdivision.

Solicitation SDCL 22-24A-5A person is guilty of solicitation of a minor if the person eighteen years of age or

older:

(1) Solicits a minor, or someone the person reasonably believes is a minor, to engage in a prohibited sexual act; or

(2) Knowingly compiles or transmits by means of a computer; or prints, publishes or reproduces by other computerized means; or buys, sells, receives, exchanges or disseminates, any notice, statement or advertisement of any minor's name, telephone number, place of residence, physical characteristics or other descriptive or identifying information for the purpose of soliciting a minor or someone the person reasonably believes is a minor to engage in a prohibited sexual act.

The fact that an undercover operative or law enforcement officer was involved in the detection and investigation of an offense under this section does not constitute a defense to a prosecution under this section.

Consent to performing a prohibited sexual act by a minor or a minor's parent, guardian, or custodian, or mistake as to the minor's age is not a defense to a charge of violating this section.

A violation of this section is a Class 4 felony.

Sexual Exploitation SDCL 22-22-24.322-22-24.3. Sexual exploitation of a minor--Felonies--Assessment. A

person is guilty of sexual exploitation of a minor if the person causes or knowingly permits a minor to engage in an activity or the simulation of an activity that:

(1) Is harmful to minors;

(2) Involves nudity; or

(3) Is obscene.

Consent to performing these proscribed acts by a minor or a minor's parent, guardian, or custodian, or mistake as to the minor's age is not a defense to a charge of violating this section.

A violation of this section is a Class 6 felony. If a person is convicted of a second or subsequent violation of this section within fifteen years of the prior conviction, the violation a Class 5 felony.

The court shall order an assessment pursuant to § 22-22-1.3 of any person convicted of violating this section.

Child Pornography SDCL 22-24A-3 Possessing, manufacturing, or distributing child pornography--Felonies-- A

person is guilty of possessing, manufacturing, or distributing child pornography if the person:

(1) Creates any visual depiction of a minor engaging in a prohibited sexual act, or in the simulation of such an act;

(2) Causes or knowingly permits the creation of any visual depiction of a minor engaged in a prohibited sexual act, or in the simulation of such an act; or

(3) Knowingly possesses, distributes, or otherwise disseminates any visual depiction of a minor engaging in a prohibited sexual act, or in the simulation of such an act.

Consent to performing these proscribed acts by a minor or a minor's parent, guardian, or custodian, or mistake as to the minor's age is not a defense to a charge of violating this section.

A violation of this section is a Class 4 felony. If a person is convicted of a second or subsequent violation of this section within fifteen years of the prior conviction, the violation is a Class 3 felony.

Sexting SDCL 26-10-33

No minor may intentionally create, produce, distribute, present, transmit, post, exchange, disseminate, or possess, through any computer or digital media, any photograph or digitized image or any visual depiction of a minor in any condition of nudity, or involved in any prohibited sexual act. Any violation of this section constitutes the offense of juvenile sexting, which is a Class 1 misdemeanor.

Stalking SDCL 22-19A-1

Stalking as a misdemeanor--Second offense a felony. No person may:

(1) Willfully, maliciously, and repeatedly follow or harass another person;

(2) Make a credible threat to another person with the intent to place that person in reasonable fear of death or great bodily injury; or

(3) Willfully, maliciously, and repeatedly harass another person by means of any verbal, electronic, digital media, mechanical, telegraphic, or written communication.

A violation of this section constitutes the crime of stalking. Stalking is a Class 1 misdemeanor. However, any second or subsequent conviction occurring within ten years of a prior conviction under this section is a Class 6 felony.

THINK

Documents

Digital Investigations Brett Spencer, Special Agent South Dakota Division of Criminal Investigation SD ICAC Taskforce Huron Field Office