Fallston CSAM Lawyers

Attorneys Defending Against Child Pornography Accusations in Fallston, MD

When criminal offenses involve harm to children, they are taken very seriously by law enforcement officials. Accusations of child sex crimes may lead to harsh penalties that may begin to affect a person from the moment an arrest occurs. Many of these cases involve child pornography, which is also known as child sexual abuse material (CSAM).

Because the creation of child porn involves the sexual exploitation of children, a person accused of offenses related to CSAM may face consequences that could include a lengthy prison sentence and sex offender registration. Determining the best defenses against these charges is crucial. At Silverman Thompson, our attorneys defend people in Fallston who are facing CSAM-related charges at both the state and federal levels. We understand how to challenge these accusations effectively, and we fight to protect our clients' constitutional rights throughout the entire legal process.

How Child Pornography Is Defined Under the Law

Child sexual abuse materials may include any materials that depict minors engaging in sexual conduct. This conduct may include sexual intercourse, other sex acts, or nudity that is meant to provide viewers with sexual pleasure. CSAM may consist of multiple types of materials, including physical photographs, videos recorded on tapes or DVDs, and digital images and videos. Computer-generated imagery may also be classified as child pornography if it depicts real minors who can be identified.

Because there are multiple types of materials that may fall under the definition of child pornography, CSAM charges may apply in unexpected circumstances. Sexually explicit images or videos created by a minor that are sent to others or streamed online could result in child pornography charges. The manipulation of photos or videos using AI or other digital tools may also lead to CSAM charges, even if a child was not directly involved in creating these materials.

Situations Where People May Face CSAM Accusations

Investigations of File-Sharing Networks

Law enforcement officials will often closely monitor the networks that people use to share images and videos online. Investigators may use specialized software to identify IP addresses that have allegedly downloaded or shared CSAM. These IP addresses will allow them to narrow down their search to a specific location or device. When they determine that activity took place in a certain residence, they may obtain a search warrant allowing them to search the residence and seize any devices they find.

There may be ways to defend against claims that an IP address was used to download or share child pornography. IP addresses are associated with devices, home networks, or internet accounts, but they will not necessarily identify a specific person who engaged in illegal activity. Multiple devices on a shared network may all use the same IP address, and if a home WiFi network was unsecured, someone else may have accessed it and used it to download illegal materials.

Shared Devices

CSAM possession charges may involve material that was found on devices that had been used by more than one person. When a household computer or tablet was regularly used by multiple people, or when a person shared their phone or other devices with someone else, questions may arise about who accessed the materials in question. Logs showing how a device was used, records related to online accounts, and other information about who accessed certain files may be used to show that a defendant was unaware of illegal activity that took place on their devices.

Unintentional Downloads and Malware

Malicious software can place files on a device without the owner's knowledge. A computer that has been infected by viruses may access, download, or share CSAM in ways that are invisible to users. People who use file-sharing applications may also be unaware of files that are downloaded by this software and shared with others. Reviews of device logs and analyses of the software running on a computer can help determine whether illegal materials had been downloaded or distributed without a person's knowledge or intent.

Undercover Sting Operations

Law enforcement agencies will often try to identify people who have accessed or shared CSAM by communicating with them online. Undercover officers may pose as children who are willing to share sexual images or videos, people who are willing to sell or distribute child pornography, or people who are looking to access CSAM. However, questions may arise about entrapment in situations where officers encourage or coerce people into committing offenses that would not have occurred in other situations.

Cases Involving Alleged Communication With Minors

In some cases, CSAM charges may also apply when a person has been accused of online solicitation of a minor. Law enforcement officials may claim that a person communicated with a minor (or a law enforcement officer posing as a minor) and tried to get the minor to share sexually explicit images. The penalties may be more severe in cases where a person may face multiple charges related to CSAM and online solicitation.

Legal Help for Clients Charged With CSAM Offenses

From the moment a client contacts the legal team at Silverman Thompson, we will focus on protecting their rights. We can provide guidance on the best options for defense and the ideal steps to take to resolve these cases successfully. One of the most important issues we can address is a person's constitutional right to remain silent. We always advise clients not to say anything to police officers or law enforcement officials and to request to speak to our attorneys before they answer any questions.

We also advise clients to decline to voluntarily consent to a search or turn over their devices to police officers or investigators. Law enforcement officials should obtain search warrants before conducting any searches or seizing any evidence. Consenting to a search may allow officers to perform searches that would go beyond what would be allowed by a search warrant. By limiting the amount of evidence that may be available, a person can avoid giving police information that could be used against them.

Our attorneys will closely review the case against a person. We will look at how an investigation was performed to determine whether our client's rights were violated. We can also examine the evidence to identify issues that may be challenged, such as whether a person knowingly possessed CSAM. We may raise defenses based on lack of knowledge, entrapment, or whether the materials involved in a case meet the definition of CSAM.

Our lawyers can handle cases held in both state courts and federal courts. With our experience defending clients against federal crimes, we can help address accusations involving the distribution of CSAM across state lines or other serious offenses. We will provide aggressive representation, fighting to help clients prevent convictions that may lead to penalties like lengthy prison sentences, large fines, restitution, and sex offender registration.

Contact Our Fallston CSAM Defense Attorneys

When you have learned that you are under investigation for the possession, distribution, or production of CSAM, it is crucial to get immediate legal help. At Silverman Thompson, we will advise you on the best steps to take during your case, and we will fight to protect your interests as we defend you against these accusations. Contact our Fallston, MD child pornography defense lawyers at 410-385-2225 to set up a free consultation with our criminal defense team.