Abingdon, MD Child Pornography Attorneys

Lawyers for CSAM Charges in Abingdon, Maryland

When a person is accused of a crime involving child sexual abuse material (CSAM), which is the term that is often used by law enforcement to refer to child pornography, the consequences can be swift and severe. Law enforcement agencies treat these cases as some of the most serious offenses they investigate and prosecute. They may take steps to arrest and convict people who are accused of accessing, possessing, distributing, or creating child pornography. Because of the serious penalties that may apply, the stakes of these cases can be very high.

The decisions made in the earliest stages of a child pornography case can have consequences that may affect the entire legal process. At Silverman Thompson, our attorneys can help ensure that people in these situations will have the legal representation they need to address serious CSAM charges. We understand how these cases are built by law enforcement and prosecutors and how the charges can be challenged. We will work to protect our clients' rights while developing effective defense strategies.

Situations Where Child Pornography Possession Accusations May Occur

When a person is accused of possessing child pornography, prosecutors will need to prove that they knowingly possessed material depicting minors in a sexual context. The word "knowingly" is critical, and a person may be able to demonstrate that they did not know about the materials in question. These cases may involve issues such as:

• Shared Computers or Other Devices: CSAM may be found on devices that were used by more than one person. When a family computer is used by multiple people in a home, a laptop is passed between roommates, or a tablet or other device is borrowed by someone else, it can be difficult to determine who used it for what purposes. Law enforcement officials may pursue charges against a device's registered owner or primary user without considering who else had access. Our lawyers can review device usage logs, account login records, and other information when building a defense against CSAM possession charges.
• File Sharing Services: People will often use online services that allow different types of files to be shared, including music or videos. They may not realize that some programs will store files on their computers without their knowledge. These files may include illegal materials like child pornography. Law enforcement officials may identify an IP address connected to CSAM activity on one of these networks and arrest a person who was unaware that they had been involved in the distribution of these materials. Our attorneys can review network activity and take steps to show that a person did not intentionally download or access CSAM.
• Malware, Viruses, and Unauthorized Remote Access: Malicious software may cause illegal materials to be downloaded to a device without the owner's knowledge or consent. Certain types of malware may use an infected device to store illegal files. Some programs may allow remote access to a computer without the owner's authorization, and files may be downloaded, stored, or transmitted without their knowledge. Our legal team can work with digital forensics professionals to examine devices for malicious software or determine whether unauthorized access occurred.
• Mistaken Age: In some cases, material that is classified as CSAM by law enforcement may depict a person whose age is uncertain. Prosecutors will need to prove that the person shown is a minor. If there is no way of doing so, our lawyers can challenge claims that a person knowingly possessed child pornography.

When CSAM Possession Charges Can Escalate to Distribution

The distinction between possession and distribution of child pornography can be significant. More serious charges will apply if a person is accused of selling, transmitting, delivering, or otherwise distributing CSAM to other people. Understanding when CSAM possession cases may be elevated to charges of CSAM distribution can help ensure that a person will be able to defend against a conviction.

• Distribution Through File Sharing Software: A person may be accused of distributing CSAM by making materials available to other users online. When file sharing software is used to download files, and data is stored on a person's computer, other users may be able to access these files. Even if a person did not intend to access, store, or distribute files, they could be charged with CSAM distribution based on their involvement in making these files available to others. Our attorneys may be able to contest these charges by showing that a person did not understand that the software they used was storing files on their computer or sharing data with other users.
• Electronic Transmission and Sharing: Distribution charges may also be based on claims that a person sent CSAM to someone else through email, text messages, direct messages on social media, or other communication channels. Our lawyers can review message records, email logs, or other data related to electronic communication when determining how to defend against these accusations.
• Online Platforms and Cloud Storage: Uploading material to a website, a cloud storage service, or another location where others can access may be considered distribution, even if the material was not sent to a specific person. Our legal team can review data related to online distribution of CSAM to determine whether files were accessed by anyone else and whether a person intended to distribute materials as we determine the defense strategies that may be available.

Serious Penalties for CSAM Production

The most serious charges related to child pornography will involve the creation of CSAM. These charges may involve accusations that a person was involved in recording or photographing a minor while they engaged in sexual conduct. Others involved in the production of materials may also face charges, including those who are accused of enticing or coercing minors to perform sex acts that would be recorded or those who allegedly profited from CSAM.

For example, a person may be accused of persuading a minor to produce images of themselves and transmit those images to someone else. This may be considered CSAM production even if the defendant was not physically present when the recording was made. Live-streaming of sexual conduct involving a minor may also be considered child pornography production in some circumstances. The creation or manipulation of digital or AI-generated images that depict a real, identifiable minor in a sexual context may also lead to charges of CSAM creation.

The Importance of Experienced Legal Representation in CSAM Cases

Law enforcement agencies may use sophisticated techniques to investigate CSAM offenses. They will take steps to gather evidence that can be used during a criminal case. They will act quickly during investigations and arrests, and defendants will need to act quickly as well as they address these charges.

At Silverman Thompson, our team includes multiple former prosecutors, and we understand how child pornography cases are built by prosecutors. We know the tools and techniques that officers use to gather evidence, and we can help our clients take steps to protect their rights. We can address the searches conducted in these cases and make sure that any evidence obtained through illegal searches and seizures will be excluded from a case. We will work with clients to determine the best strategies for defending against child pornography charges and avoiding convictions that could damage their futures.

Contact Our Abingdon CSAM Lawyers

When you are facing CSAM charges, it is important to take immediate action to protect your rights and defend against these accusations. With skilled legal representation from an experienced attorney, you can respond to the charges against you and develop a strong defense strategy to help avoid a conviction. At Silverman Thompson, we will listen to your situation, explain the charges you may be facing, and advise you on the best steps to take during your case. Get the legal help you need by contacting our Abingdon, MD child pornography defense attorneys at 410-385-2225 and scheduling a free consultation.