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

2. 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

3. Social Media Trends
“hhttp:// April 8, 2015

4. Social Media Trends
Global Active Internet Users now totals Billion, that’s nearly half of the world’s population (7.357 Billion)
“ August 10, 2015

5. Social Media Trends
Global Active Internet Users now totals Billion, that’s nearly half of the world’s population (7.357 Billion)
There are Billion Social Media Users
“ August 10, 2015

6. Social Media Trends
Global Active Internet Users now totals Billion, that’s nearly half of the world’s population (7.357 Billion)
There are Billion Social Media Users
There are Billion Unique Mobile Users, accounting for a 51% worldwide population
“ August 10, 2015

7. Social Media Trends
Global Active Internet Users now totals Billion, that’s nearly half of the world’s population (7.357 Billion)
There are Billion Social Media Users
There are Billion Unique Mobile Users, accounting for a 51% worldwide population
1.925 Billion users utilize their mobile devices for Social Media
“ August 10, 2015

8. Social Media Trends
2 million smart phones are sold worldwide every single day
“ August 10, 2015

9. 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
“ August 10, 2015

10. Facebook

11. Facebook There are nearly 1.4 billion Facebook users
“ April 8, 2015

12. Facebook There are nearly 1.4 billion Facebook users
47% of all Internet users are on Facebook
“ April 8, 2015

13. Facebook There are nearly 1.4 billion Facebook users
47% of all Internet users are on Facebook
4.5 billion likes are generated daily
“ April 8, 2015

14. 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
“ April 8, 2015

15. 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 
“ April 8, 2015

16. Snapchat

17. Snapchat
Photo messaging (videos, text and drawings)

18. Snapchat Photo messaging (videos, text and drawings)
Supposed limited access...

19. Snapchat Photo messaging (videos, text and drawings)
Supposed limited access...
Vehicle for sexting and child pornography

20. Snapchat Photo messaging (videos, text and drawings)
Supposed limited access...
Vehicle for sexting and child pornography
Main demographic users are between 13 and 25

21. Snapchat Launch Date: September 2011
- February 2014 DMR 11 Amazing Snapchat Ststistics

22. Snapchat Launch Date: September 2011 26 Million US Users in 2014-

23. Snapchat Launch Date: September 2011 26 Million US Users in 2014
100 Million active users on -

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

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

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

27. Snapchat Launch Date: September 2011 26 Million US Users in 2014
100 Million active users on
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 -

28. Snapchat Launch Date: September 2011 26 Million US Users in 2014
100 Million active users on
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 -

29. Other facts Viber 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 -

30. Social Media Side Effects
Increase in Cyber bullying
- “Effect of Electronic Media on Children” 4 February 2013

31. Social Media Side Effects
Increase in Cyber bullying
Increase in online sexual predators
- “Effect of Electronic Media on Children” 4 February 2013

32. Social Media Side Effects
Increase in Cyber bullying
Increase in online sexual predators
Decrease in face to face interactions
- “Effect of Electronic Media on Children” 4 February 2013

33. Social Media Side Effects
Increase in Cyber bullying
Increase in online sexual predators
Decrease in face to face interactions
Increase exposure to alcohol, tobacco and sexual behaviors
- “Effect of Electronic Media on Children” 4 February 2013

34. How to Respond to Bullying
If someone makes contact with you in an inappropriate or hurtful way, block them

35. 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

36. 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

37. 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
Don't respond to bullying or harassing contacts - this just creates more trouble

38. South Dakota
Laws

39. 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.

40. 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.

41. Solicitation SDCL 22-24A-5
A 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.

42. Sexual Exploitation SDCL 22-22-24.3
   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 §  of any person convicted of violating this section.

43. 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.

44. Sexting SDCL
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.

45. 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.

46. THINK