Columbia, Maryland Child Pornography Attorneys

Lawyers Helping Clients Charged With CSAM Offenses in Columbia

Due to concerns about the sexual abuse of children, law enforcement officials may take steps to investigate, arrest, and prosecute someone who is suspected of possessing or accessing child pornography. If a person is accused of distributing child pornography to others or being involved in the production of child sexual abuse materials (CSAM), the charges they face may be even more serious. A conviction will not only result in criminal penalties, but the collateral effects may continue to affect a person's life for years or even permanently.

Understanding what is at stake is essential for anyone who is facing charges related to CSAM. Because of the complex issues involved in these cases and the harsh penalties that can affect a person, legal representation from a skilled and experienced attorney can be essential. The criminal defense lawyers at Silverman Thompson work with people in Columbia who are facing child pornography charges and other related offenses. We fight to protect our clients' constitutional rights and make sure they will be able to respond correctly to these serious accusations.

Maryland State Charges for Child Pornography Offenses

Possession of Child Pornography

Under Maryland Code, Criminal Law § 11-208, a person may face criminal charges if they are accused of knowingly possessing child pornography and intentionally retaining these materials. A first-time conviction is a misdemeanor offense, and it may result in a prison sentence of up to five years and a fine of up to $2,500. A second conviction and any additional convictions are felony offenses. They can lead to penalties including up to 10 years in prison and a fine of up to $10,000.

Each image or video file involved in a case may be treated as a separate count of child pornography possession. When a person is accused of possessing multiple files, photographs, or videos, the cumulative sentence may add up to decades in prison.

Distribution and Production of Child Pornography

Under Maryland Code, Criminal Law § 11-208, there are multiple activities related to sharing, promoting, or creating CSAM that could result in serious criminal charges. They include:

• Causing a minor to be involved in the production of obscene material, including by soliciting, coercing, or allowing a child to be filmed or photographed as they are engaging in sexually explicit conduct.
• Taking sexually explicit photographs or recording films of a minor as they engage in sexual conduct.
• Sharing or disclosing the identifying details of a child through the use of a computer for the purpose of causing the child to engage in unlawful sexual conduct.
• Depicting or describing a minor engaging in sexual conduct using a computer.
• Promoting, advertising, or distributing CSAM.
• Possessing CSAM with the intent to distribute those materials.

The distribution or production of child pornography is a felony offense.c A first-time conviction can lead to a sentence of up to 10 years in prison and a fine of up to $25,000. For any additional convictions, a person could be sentenced to up to 20 years in prison and fined up to $50,000.

Federal CSAM Charges and Consequences

In many cases, people accused of child pornography offenses will face charges in federal courts. Federal charges may apply if a person is accused of using the internet to download or distribute CSAM or if a case is investigated by a federal law enforcement agency like the FBI. Federal CSAM charges may result in more severe consequences than state-level charges. Many of these cases involve mandatory minimum sentences and federal sentencing guidelines that could require a person to spend years or decades in prison.

Federal CSAM Possession Charges

When child pornography possession is prosecuted at the federal level, a person may face a potential sentence of 10 years in prison for a first offense. If the materials involved in a case allegedly depicted a child younger than 12 years old, the maximum sentence may increase to 20 years.

Federal CSAM Receipt and Distribution Charges

Allegations of sharing or distributing child pornography may lead to federal charges, and a conviction will carry a mandatory minimum sentence of five years in federal prison and a maximum of 20 years. The receipt of child pornography may also fall under this category of offense, so a person could face charges if they access or download CSAM, even if they never intended to distribute it to others.

Federal CSAM Production Charges

A person who is accused of creating or producing CSAM may face federal charges for the sexual exploitation of children. The mandatory minimum sentence for a conviction is 15 years in federal prison. The maximum sentence is 30 years. A second conviction carries a sentence that may range from 25 to 50 years. A third conviction carries a mandatory minimum sentence of 35 years, with a maximum of life imprisonment.

Collateral Consequences of a CSAM Conviction

Penalties imposed by criminal courts, including imprisonment and fines, are just one aspect of the ways a CSAM conviction can affect a person. Additional collateral consequences may continue to affect a person after their sentence has been served. They may include:

Sex Offender Registration

When a person is convicted of a CSAM offense in Maryland, information about them and their offense will be included in the Maryland Sex Offender Registry. Child pornography possession is a Tier I offense that will require registration for 15 years. Distribution or production of child pornography is a Tier II offense that will require registration for 25 years. These registration requirements will begin after a person serves a prison sentence and is released.

Sex offender registry information is publicly accessible, meaning that neighbors, employers, and community members can view information about an offense, as well as a person's name, address, and photograph. A person who is included in the sex offender registry will face limits on where they can live, and they will usually be prohibited from residing within a certain distance of schools, parks, or playgrounds.

Employment Consequences

A CSAM conviction will result in a permanent criminal record that will appear in background checks that may be conducted by employers. Many industries will not allow a person to be employed if they have a conviction for a sex crime. A conviction is also likely to result in the revocation of a person's professional license, and they may not be allowed to obtain certain types of licenses in the future.

Family and Relationship Effects

A conviction for a child pornography offense can affect multiple types of personal relationships. Family court proceedings addressing issues like child custody and visitation may be affected by a CSAM conviction, and a person may be restricted from spending time with their children without supervision. Other personal and professional relationships can also be damaged by a CSAM conviction and sex offender registration requirements.

Internet and Technology Restrictions

The release conditions that apply after a person serves a sentence for a CSAM offense may include restrictions on internet access and online activity. A person may be required to use monitoring software on all devices they use. They may be prohibited from accessing certain types of websites. In some cases, a person may face a complete ban on all internet use, which could affect their employment, their ability to manage their finances, and multiple other parts of their life.

Contact Our Columbia, MD Child Pornography Defense Lawyers

The consequences of a CSAM conviction are too severe to face without having a skilled attorney on your side. At Silverman Thompson, we will work closely with you to address these charges and determine your best options for defending against a conviction. Contact our Columbia CSAM charges attorneys at 410-385-2225 to arrange a free consultation.