What is illegal to search on the internet? The “criminal getting busted for their online search history” trope seems to be popular in crime TV shows, but it’s a real crime that real people get arrested for. So, how do you go from a few Google searches to a criminal conviction?
Although there is no article of the Texas Penal Code that lists what is illegal to search for on the internet, certain online searches do qualify as proof of intent based on their wording, frequency, or the sequence of your search history as it pertains to the specifics of your case.
Confused about what qualifies as an illegal internet search? In this article, the criminal defense attorneys from Westfall Sellers are here to walk you through what types of internet searches could end up in an arrest.
Illegal internet searches
What Google searches are illegal? Police and prosecutors can use your search history to establish intent to commit a crime. This is especially important in cases pertaining to child pornography or online solicitation of a minor in Texas, as well as searches that signal intent to engage in illegal internet activity, such as sharing copyrighted material (piracy).
Examples of searches that are considered illegal content to search for on the internet include:
Child porn
Even visiting a website that hosts child pornography can be considered a crime. Anonymity does not apply here either because police can use your IP address to trace your search and download behavior and obtain a warrant for your arrest. Depending on the nature of your searches and internet activity, you could be facing child pornography charges and may even end up on a registered sex offender list.
Underage chat rooms
Chatting with a minor is risky territory. It’s not necessarily illegal to chat with someone under the age of 18, though this mainly depends on the purpose and nature of the interaction. Using underage chat rooms to display, distribute, or collect sexually explicit material to or from a minor is illegal and is considered online solicitation of a minor in Texas which can have major consequences.
Torrenting
Torrenting is also known as illicit or unofficial streaming of material that is protected by copyright. If you choose to view or share copyrighted material through means of unofficial streaming, you could end up facing jail time and may even be sued by the individual or company that owns the right to the material you illegally streamed.
Hiring a hit-man
In Texas, hiring someone to kill someone else — often referred to as contract killing — is illegal even if you try to do so “anonymously” through the dark web. If the person is actually killed, both the assassin and the individual(s) who hired them could face manslaughter charges along with a lifetime in prison. Even if the person is not actually killed, you could still face charges on account of the intent to murder.
Can you go to jail for looking at a website?
I accidentally searched for something illegal, can I go to jail? The laws surrounding online behavior aren’t always black and white.
Generally speaking, you must actually engage in illegal activity through a website in order for it to be considered criminal activity. For instance, you could visit a website that sells illegal drugs or offers illegal downloads of copyright material, but as long as you don’t purchase or download anything, you’re not committing a crime.
As mentioned, child pornography is completely different. The laws for possession of child pornography DO NOT require you to download or physically possess sexually explicit images of a minor in order to be guilty of possession. When you view child pornography online, that activity is stored in your computer cache, which qualifies as possession of child pornography in Texas.
Do the police monitor Google searches?
While police do not actively monitor Google searches, they are able to obtain a warrant for your search history if they have probable cause to do so. That said, Google does try to set algorithms in place to keep illegal content off of the search results pages and although Google doesn’t report illegal activity, the National Security Agency (NSA) may be tracking your searches.
Using a search engine to search for illegal internet activity is a crime, and police can use your search behavior, search history, and social network to establish intent or conspiracy to commit a worse offense like possession of child pornography or even murder.
For example, searching for “child pornography statistics” would not constitute any kind of legal offense, though searching for “child pornography downloads” could. Searching for information about murder wouldn’t be an issue unless you were also under investigation for murder. Completing online searches like “Is it illegal to search for child pornography?” will end up looking more suspicious than investigative if you’re accused of sex crimes involving a child.
In trouble because you didn’t know what is illegal to search on the Internet? You need Westfall Sellers to represent you.
What is illegal to search on the internet is not always clear and can leave you feeling worried about being arrested for your search history. With the exception of child pornography, you haven’t committed a crime by searching for illegal content until you actually engage in any illegal activity. As a rule of thumb, if something feels illegal, it could be in your best interest to not search for it online.
However, if you have been charged with a crime based on your online search behavior, you need a strong Tarrant County criminal lawyer from Westfall Sellers on your side. We have extensive experience in handling cases regarding child pornography, drug cases, and manslaughter in Texas and will work tirelessly to try to clear your name against any criminal charges you might face.
Don’t leave your freedom up to chance. Contact us today to schedule your consultation.
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FAQs
What is illegal to search on the Internet? ›
Anything that is illegal offline is also illegal on the internet, including fraud, theft, gambling, drug trafficking, prostitution, and child pornography. Certain internet crimes, however, may only be committed online, and some people do not even realize they're engaging in illegal behavior.
Are there any illegal search terms? ›What is illegal to search on the internet? What is illegal to type into Google? Some search terms that can land you in jail include child pornography, hiring a criminal, and other questionable terms (e.g., bomb-making).
What is not allowed to search on Google? ›We don't allow content that could directly facilitate serious and immediate harm to people or animals. This includes, but isn't limited to, dangerous goods, services or activities, and self-harm, such as mutilation, eating disorders, or drug abuse.
Can you get in trouble for accidentally searching something? ›What happens if you accidentally search up something illegal? On that note, your internet searches alone typically will not get you in trouble with the police. It is perfectly legal to search anything online in most cases, but if those searches are linked to a crime or potential crime, you could get arrested.
What is an example of an illegal search? ›A person's vehicle has less privacy than a home. A person's vehicle can be searched without a warrant pursuant to a traffic stop if there is probable cause to believe the vehicle contains evidence of a crime.
What does illegal search mean? ›What Is the Right Against Unlawful Search and Seizure? The Fourth Amendment to the Constitution protects against unreasonable search and seizures. This makes a search and seizure unlawful if the police did not have a valid search or arrest warrant or probable cause to suspect that a crime was being committed.
Will Google report your searches? ›Does Google Report Illegal Searches? Google is not the police. In most cases, Google will not report suspicious searches unless circumstances call for it.
Can police monitor your internet activity? ›If you spend a lot of time on the internet, you provide advertisers, influencers, and, unfortunately, police a lot of material. Police CAN use your internet browsing records against you in court, and unfortunately the process isn't very difficult for them.
Does Google track your searches? ›When Web & App Activity is on, Google saves information like: Searches and other things you do on Google products and services, like Maps and Play. Your location, language, IP address, referrer, and whether you use a browser or an app. Ads you click, or things you buy on an advertiser's site.
What should not be searched over the Internet? ›- 111. 10 things you should avoid searching on Google. ...
- 211. Avoid searching online banking websites on Google. ...
- 311. Avoid searching customer care contact numbers on Google. ...
- 411. Try not to search apps and software on Google to download them. ...
- 511. ...
- 611. ...
- 711. ...
- 811.
What are the rules for Google search? ›
- Google Search usually ignores punctuation that isn't part of a search operator.
- Don't put spaces between the symbol or word and your search term. A search for site:nytimes.com will work, but site: nytimes.com won't.
- Go to Settings and tap Screen Time.
- Tap Content & Privacy Restrictions and enter your Screen Time passcode.
- Tap Content Restrictions, then tap Web Content.
- Choose Unrestricted Access, Limit Adult Websites, or Allowed Websites.
While police do not actively monitor Google searches, they are able to obtain a warrant for your search history if they have probable cause to do so.
Can police see your deleted search history? ›Can police see deleted search history? The answer is yes—by using special tools, they can find data that hasn't been overwritten yet. However, by using encryption methods, you can ensure your data is kept private, even after deletion.
Does the government track your internet history? ›Right now, the government can collect the web browsing and internet searches of Americans without a warrant under Section 215. But, so far, there is no explicit Congressional authorization for the government to do that. The McConnell amendment would, for the first time, provide that authorization.
What kinds of searches are prohibited by the Fourth Amendment? ›The Fourth Amendment prohibits the United States government from conducting “unreasonable searches and seizures." In general, this means police cannot search a person or their property without a warrant or probable cause. It also applies to arrests and the collection of evidence.
How might a search become unlawful? ›- Conducted any illegal police searches of your property or person.
- Raided the incorrect address.
- Obtained a search warrant based on fabricated evidence.
- Provided an insufficient reason to believe your property had any involvement with the crime.
The primary purpose of a crime scene search is to develop associative evidence that could link a suspect to the scene or a victim, and to answer questions crucial to the investigation, such as who perpetrated the crime, how the crime was committed, the circumstances surrounding the commission of the crime, and why the ...
What amendment is illegal search? ›The Constitution, through the Fourth Amendment, protects people from unreasonable searches and seizures by the government. The Fourth Amendment, however, is not a guarantee against all searches and seizures, but only those that are deemed unreasonable under the law.
What are the 4 specific things that are protected from unreasonable searches and seizures under the 4th Amendment? ›The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things ...
What are your 4 major freedoms under the 5th Amendment? ›
Although the amendment contains several provisions, four elements protect a person accused of a crime: the right against compelled self-incrimination, the right to a grand jury, the right of protection against double jeopardy and the right to due process.
Can police track what you search on the Internet? ›Even if you search online using incognito mode or delete your internet search history, your online history is not private. Not only do internet providers still have access to what you look up but the information can be discovered (or subpoenaed) and submitted as evidence in your criminal case.
Can police see incognito browsing? ›Believe it or not, your internet searches are never private. Even if you turn on private browsing settings and go the distance to make yourself “incognito” online, law enforcement authorities can still access your search history regardless.