Baltimore County Child Pornography Defense Lawyers

Attorneys for Charges Related to Child Sexual Abuse Materials in Baltimore County, MD

When a person is accused of an offense involving child pornography, they are likely to face serious penalties, including mandatory minimum prison sentences, lifetime sex offender registration, and collateral consequences. Even before a case is resolved, an arrest can cost someone their career, their family relationships, and their standing in the community.

What many people do not fully understand is how broadly the laws related to child pornography are written and how aggressively they are enforced. Shared devices, unsecured networks, the use of file-sharing software, and law enforcement sting operations can lead to charges involving the possession or distribution of child sexual abuse materials (CSAM). At Silverman Thompson, our attorneys can help people in Baltimore County who are facing child pornography charges address these issues. We will provide a strong defense while working to protect our clients' constitutional rights.

What Is Child Sexual Abuse Material?

Understanding what the law classifies as CSAM is essential in cases involving child pornography charges. The legal definitions are broad, and CSAM may include a wider range of material than many people realize. Child pornography is generally defined as visual representations of minors who are engaging in sexual conduct. The laws may apply to materials in any format, including physical images or digital files that have been stored on devices or transmitted over the internet.

Several categories of material fall under these definitions. Criminal charges related to child pornography may involve:

• Photographs and Videos: When these materials depict minors engaged in sexual intercourse, sexual contact, or in sexually explicit poses, people who possess or distribute them may face criminal charges.
• Digital Images and Computer-Generated Material: Computer graphics, animations, images or videos generated using artificial intelligence, or photos that have been digitally altered may be classified as child pornography if they depict real, identifiable minors.
• Videos and Live-Streamed Content: Even if images or videos were viewed in real time and were not recorded, materials that were transmitted over computer networks may be classified as CSAM.

How Child Pornography Charges May Arise

The circumstances that lead to CSAM may include:

File Sharing Networks

Law enforcement officials will often monitor online platforms where users can share files directly with each other. When a computer connected to one of these networks shares or downloads files that may be considered CSAM, investigators can trace that activity to an IP address, take steps to identify the owner or user of the device, and arrest the person on child pornography charges.

In some cases, people may have installed software with the intent of sharing music, videos, or other files for legitimate purposes. However, they may find that software was configured in ways they did not fully understand, and files including CSAM may be stored on their devices and transmitted to others without their knowledge. This could lead to charges of child pornography distribution, even if a person was unaware of the materials stored on their device.

Law Enforcement Sting Operations

Undercover operations will often be conducted by law enforcement agencies, including the FBI, Homeland Security Investigations, and state and local task forces. Investigators may pose as distributors or collectors of CSAM in online forums, and they will try to identify people who request or offer to share illegal materials.

The conduct of officers during these investigations can sometimes raise legal questions about entrapment and the methods used to gather evidence. In some cases, investigators may induce or coerce people into downloading or sharing files when they would not have done so otherwise. Our attorneys can help clients determine whether entrapment may be a valid defense against child pornography charges.

Devices Shared by Multiple Users

Many CSAM cases involve charges against a person based on material found on a device such as a home computer, a laptop, or a tablet. However, devices will often be shared by multiple people in a household, or they may be accessible to guests or visitors. When multiple people had access to a device on which illegal material was found, questions may arise about who downloaded, accessed, or was aware of that material. Our lawyers can help clients demonstrate that they had no knowledge of child pornography on shared devices.

Unintentional Downloads

Materials found on a device may not have been intentionally downloaded or accessed by the device's owner. Malware and viruses can lead to unauthorized downloads or the storage of illegal files without the user's knowledge. Our attorneys can perform a technical analysis of the devices involved in a case and help clients demonstrate that they did not intentionally access the materials in question.

Possession of Child Pornography

Under Maryland law and federal law, people are prohibited from knowingly possessing CSAM. In cases involving child pornography possession, the government must prove that illegal material was present on a defendant's device or was in their possession, and they must also prove that the defendant was aware of the presence of these materials.

Under Maryland law, possession of child pornography is a misdemeanor for a first offense and a felony for a second offense. A first conviction carries a prison term of up to five years and a fine of up to $2,500. If a person has one or more previous convictions, they may face a sentence of up to 10 years and fines of up to $10,000. Each image or video file may be treated as a separate offense, and a large number of files can result in a much longer sentence.

Distribution of Child Sexual Abuse Material

Child pornography distribution charges may involve sharing, selling, or transmitting CSAM to others. These charges will usually result in more severe penalties than CSAM possession charges. Distribution may not always involve selling or deliberately transferring materials. Sharing files through online services, uploading material to a website or cloud storage system, or sending images or videos through text messages, emails, or direct messages may all be considered distribution.

Under Maryland law, the distribution of child pornography is a felony offense. A first violation carries a potential sentence of up to 10 years in prison and a fine of up to $25,000. A second offense may double the potential penalties to a maximum of 20 years in prison and fines of $50,000.

Production of Child Sexual Abuse Material

Child pornography production charges are the most serious offenses related to CSAM. These charges may involve any activities related to photographing or filming minors in sexual situations or attempts to persuade, coerce, or otherwise cause a minor to be involved in the creation of CSAM. Because CSAM production charges may involve allegations of sexual abuse against minors, a defendant may also be charged with offenses such as sexual assault, child abuse, or other child sex crimes. A strong legal defense will be crucial in these situations to ensure that a defendant's rights will be protected.

Contact Our Baltimore County CSAM Defense Attorneys

Child pornography will require legal representation from an attorney who has the experience needed to defend clients in state or federal courts. At Silverman Thompson, we know the stakes of these cases, and we can advocate on behalf of clients to help them defend against convictions that could affect their futures. Contact our Baltimore County, MD child pornography lawyers at 410-385-2225 and arrange a free consultation today.