White Marsh, Maryland CSAM Defense Attorneys

Lawyers for Criminal Charges Involving Child Pornography in White Marsh

People who are accused of sex crimes may be unsure about how to respond to these accusations or how to protect their rights. In cases involving allegations related to the sexual abuse of children, the penalties people face can be especially severe. Crimes involving child pornography fall into this category, and people who are facing charges related to the possession, distribution, or production of child sexual abuse materials (CSAM) may be prosecuted under state law, federal law, or both.

The legal team at Silverman Thompson has the experience needed to help people who are facing child pornography accusations in White Marsh and the surrounding areas. We understand how frightening it can be to face charges of this nature, and we are committed to providing every client with the defense they deserve. We can help clients understand the available options for defense while advocating on their behalf during criminal proceedings. We will work to resolve these cases successfully and help clients avoid convictions whenever possible.

Criminal Charges People May Face in Child Pornography Cases

In Maryland, a person could be charged with a child pornography offense if they are accused of possessing CSAM, accessing CSAM with the intent to retain materials, sharing or distributing CSAM, or being involved in the production of CSAM. Maryland law defines child pornography as materials that visually depict children under the age of 16 who are engaging in sexual activities or are shown in a sexually explicit manner.

Child pornography is also addressed in federal laws, and people could face federal charges related to CSAM if a case involved people or activities in multiple states or countries. Since many CSAM cases will involve the use of the internet, with data being transmitted through computer systems or networks in multiple states or countries, federal officials may be involved in investigations, and prosecutors may pursue charges in federal courts. Notably, federal laws define child pornography as sexually explicit materials that depict children under the age of 18.

Penalties for Child Pornography Convictions

The penalties that a person may face if they are convicted of a CSAM offense can be harsh. In cases prosecuted in Maryland state courts, convictions for CSAM possession may result in a sentence of up to five years in prison, with separate penalties applying for each individual piece of child pornography that a person allegedly possessed. Charges of CSAM distribution or production carry penalties that are even more serious, with potential sentences of up to 10 years in prison for each count of an offense.

When CSAM charges are prosecuted at the federal level, a person may face mandatory minimum sentences, including:

• Possession of Child Pornography: While first-time offenders may not face mandatory minimums, convictions may result in sentences lasting for several years based on the U.S. Sentencing Guidelines.
• Receipt or Distribution of Child Pornography: These offenses carry a mandatory minimum of five years in prison and a maximum of 20 years for a first offense.
• Production of Child Pornography: For a first offense, a person charged with these crimes will face a mandatory minimum of 15 years in prison and a maximum of 30 years.

Sex Offender Registration and the Long-Term Consequences of a CSAM Conviction

A CSAM conviction will typically require a person to register as a sex offender. The number of years they will be required to register will depend on the specific offense, but in many cases, registration requirements remain in place for a person's entire life.

The effects that a status as a convicted sex offender can have on a person's life can be serious, and even after they have completed a prison sentence and dealt with other penalties, they may never be able to put their conviction behind them. Registered sex offenders may struggle to maintain stable housing, since they will be prohibited from living near schools, parks, or other places where they could have access to children. They may also have trouble supporting themselves, since they will be restricted from working in many types of jobs.

Since information on the sex offender registry is publicly available, a person's relationships and reputation in the community may never recover. The collateral consequences that come with being a convicted sex offender can follow them for decades.

Defending Against CSAM Possession Charges: Lack of Knowledge and Intent

One of the most important defenses available in a child pornography possession case is the argument that a person did not knowingly or intentionally access or download CSAM. There may be a variety of technical reasons why CSAM may appear on a device without the owner's knowledge. Our attorneys will closely examine these possibilities and take steps to show that a person did not intentionally save illegal materials.

Internet browsers will automatically store temporary copies of website content on a computer or other device. Some files may be automatically saved without a person's knowledge. Our lawyers can take steps to show that a client had no intention to access or view illegal materials and was unaware that files had been saved.

File-sharing software may also cause materials to be downloaded without a person's knowledge. Many of these programs will download files into shared folders, and the names or descriptions of these files may be misleading. A person who was trying to download legal material may have downloaded files that contained CSAM without realizing it.

Malware may be installed on a device without the owner's consent, and it may be used by third parties to store or distribute files without a person's knowledge. In some cases, malware may allow someone to remotely access a device and use it to download or distribute materials without the owner knowing about the data that had been stored.

In households or workplaces where multiple people use the same computer, tablet, or network, the presence of CSAM on a device may not necessarily prove that a specific person was the one who downloaded it. Additional evidence may be needed to connect online activity to a specific user.

Our legal team works with computer professionals to analyze the technical evidence involved in a CSAM case. We can determine whether there are reasonable explanations for why materials discovered in searches performed by law enforcement were on a computer or other device. We will work to show that our client was unaware of illegal activity and did not engage in any intentional acts to access, save, or distribute CSAM.

Contact Our White Marsh, MD CSAM Defense Lawyers

For those who have been charged with crimes related to child pornography, the lawyers at Silverman Thompson can review the evidence and develop effective defense strategies. We know how to challenge the accusations made by prosecutors and help clients avoid convictions for sex crimes. Contact our White Marsh child pornography defense attorneys at 410-385-2225 to set up a free consultation with a member of our legal team.