Pikesville Child Pornography Defense Lawyer

Attorneys Defending Against Child Pornography Charges in Pikesville, MD

Child pornography is a serious issue that is addressed by multiple law enforcement agencies at the local, state, and federal levels. Because the creation of child pornography involves harm to children, these agencies will take steps to identify, arrest, and prosecute people who are involved in illegal activities related to these materials. The penalties for offenses related to child sexual abuse materials (CSAM) can be harsh, which is why legal help will be needed to defend against these charges.

The lawyers at Silverman Thompson can provide the representation needed to successfully defend against CSAM charges. Our team has handled hundreds of these types of cases. We know the procedures that are followed when people are investigated and prosecuted for child pornography crimes, and we can help clients understand the ideal steps to take to defend against a conviction.

Prison Sentences and Fines for CSAM Offenses

In Maryland, a person who is charged with the possession of child pornography may face a lengthy prison sentence and large fines. When a person is convicted of CSAM possession for the first time, they may be sentenced to up to five years in prison and required to pay fines as high as $2,500. A second conviction may lead to a prison sentence lasting up to 10 years, as well as a maximum fine of $10,000. Because each image or video may be charged as a separate count of child pornography possession, the total prison sentence and fines that a person may face may be even longer.

A person who is charged with the distribution or production of child pornography will face more serious penalties. These charges may involve directly producing CSAM by taking sexually explicit photos or videos of children, selling or making CSAM available to other people, advertising or promoting CSAM, soliciting or persuading a minor to create CSAM, or profiting from the production or distribution of CSAM. A first-time conviction of one of these offenses carries a potential sentence of 10 years in prison and/or $25,000 in fines. For additional offenses, the prison sentence may be as high as 20 years, and fines may be as high as $50,000.

Collateral Consequences Beyond Prison and Fines

The criminal penalties a person may face are only one aspect of the effects of a CSAM conviction. The collateral consequences that a person will experience can be just as serious, and they may include:

Sex Offender Registration

Child pornography offenses are classified as sex crimes, and people who are convicted will be required to register as sex offenders. These requirements go into effect after a person is released from prison. A person will be required to register with law enforcement on a regular basis, providing information about where they live and work, the online accounts they use, and other details about their life. The information included in the sex offender registry will be available to the public, including neighbors, employers, and others.

Employment Consequences

A criminal conviction will result in a permanent criminal record that will show up in background checks. Employers may learn about a conviction and refuse to hire a person who has been convicted of a child pornography offense. A person on the sex offender registry will also be prohibited from working in certain jobs, including positions where they may have access to children. Sex crime convictions may also prevent a person from obtaining a professional license that would be required to work in certain fields. A person's employment options may be limited for the rest of their life.

Housing Consequences

Sex offender registration will also place limits on where a person can live. A person may be prohibited from residing within a certain distance of schools or parks. Even if a person can find housing in a location that fits these restrictions, landlords may perform background checks, and they may be unwilling to rent to someone who has been convicted of a child pornography crime.

Family and Relationship Effects

Personal relationships may be affected by a conviction for a CSAM offense or even an accusation related to child pornography. The damage to a person's reputation can be serious, and they may lose friends or their family relationships may suffer. In cases where a person is involved in family court proceedings, a sex crime conviction could affect their ability to maintain custody of their children. They may even be prohibited from seeing their children at all unless supervision is present.

Defense Strategies for People Charged With CSAM Offenses

The defenses that may be available for a person accused of a child pornography offense will depend on the facts of a case. Our attorneys can provide guidance on the approaches that will be most likely to produce the best outcomes for our clients. We may employ strategies such as:

Arguing That Materials Do Not Qualify as CSAM

A prosecutor will be required to show that the materials involved in a case meet the definition of child sexual abuse materials. They will need to establish that a person depicted in materials is a minor. The age of a person may not always be obvious, and if there is no way to prove that they were a minor, the materials may not be considered CSAM.

Legal questions may also arise in cases involving computer-generated material. These materials should only be classified as CSAM if they depict real, identifiable minors. Our attorneys may be able to raise questions about whether a person depicted can be identified or whether they were underage at the time that the materials were created.

Challenging Knowing and Intentional Possession of CSAM

Before a person can be convicted, the prosecutor in their case must prove that the possession of child pornography was intentional. A person must have been aware of the presence of materials and their nature. There are multiple reasons why these claims may be contested.

In some cases, malware or other malicious software can download files to a device without the owner's knowledge. Some file sharing applications may save content on a person's device that they never intended to access or download. Devices may be used by multiple people, and this may raise questions about who actually accessed or downloaded specific files and whether a person knew about the materials.

Our lawyers can work with computer experts to perform technical examinations of the evidence involved in a case, including computers or other devices. We will review file metadata, records showing when and how files were accessed, logs of online activity, and data showing how devices were used. This information can help demonstrate that a person did not intentionally access, download, or retain child pornography.

Challenging Evidence Obtained Through Constitutional Violations

The Fourth Amendment requires law enforcement officials to obtain a search warrant before they can search a person's home or seize their devices. A warrant must specifically describe what may be searched and seized. If officers performed searches or seizures that were not allowed under a warrant, of if they performed a search without obtaining a warrant at all, our attorneys can address these violations of a person's constitutional rights.

In CSAM cases, an entire case may rest on evidence obtained through searches of electronic devices. If our lawyers can have that evidence suppressed on constitutional grounds, the prosecution may have no case. By reviewing the procedures followed during investigations and challenging unlawful searches and seizures, we may be able to have a case dismissed.

Contact Our Pikesville, Maryland CSAM Defense Attorneys

CSAM charges can lead to consequences that may be severe and permanent. Taking the right steps to defend against these charges is crucial. At Silverman Thompson, our attorneys know how to defend against charges related to the possession, distribution, or creation of child pornography. Contact our Pikesville child pornography lawyers at 410-385-2225 to set up a free consultation today.