Baltimore Child Pornography Attorneys

Experienced Child Pornography Lawyers Handling Serious Criminal Allegations in Baltimore, MD

We live in a digital world. The ever-increasing capabilities of technology—cell phones, computers, the internet, social media, text messaging, and apps such as Snapchat—have led to an explosion of criminal cases involving the possession and distribution of child sexual abuse materials or CSAM (formerly referred to as child pornography).

Child pornography charges and related sex crimes should be taken seriously. At Silverman Thompson, our criminal defense lawyers can provide discreet legal representation in these cases. We can help clients understand the specific charges they are facing, the potential penalties of a conviction, and the options for defense.

Child Pornography Arrests

There are three common scenarios in which people may be charged with offenses related to CSAM:

1. The first involves a defendant who is being investigated for some other matter. Frequently, the other investigation is related to crimes against children, such as allegations of child abuse. Occasionally, the other investigation may be for crimes completely unrelated to children. During the course of the investigation, the police will almost invariably obtain a search warrant for the target's home that includes a provision to seize and search any electronic devices contained therein—such as cellphones, computers, tablets, sim cards, etc.—and, upon examination, investigators may find CSAM on the devices. These cases can be defensible if the target does not have exclusive use and access to the devices, as is very often the case.
2. The second involves a defendant who has been swept up in a "sting operation" conducted by the police on the internet. Typically, a detective will enter a chat room and pose as a person interested in sharing images and videos of children engaged in sex acts. They will contact other individuals and offer to send and receive these materials. When a person agrees and sends the materials, the police will determine the location of the computer through the IP address and subsequently apply for warrants, ultimately leading to an arrest. The defenses available in these cases are usually similar to those available in the first scenario, along with possible entrapment defenses.
3. The third and perhaps the most common scenario occurs when the police are notified of illegal activity through a cyber tip. The National Center for Missing & Exploited Children (NCMEC) CyberTipline provides a way for the public and electronic service providers (ESPs) to report instances of suspected child sexual exploitation. All ESPs in the United States are legally required to report CSAM to the CyberTipline when they learn of the existence of illegal materials. Typically, these cyber tips are forwarded to a regional law enforcement task force, which may be comprised of both local and federal law enforcement officers. Upon receipt of the cyber tip, the detectives will work to identify the source of the illegal activity. Again, the defenses available in these cases are similar to those available in the first two scenarios. Critically, they may hinge on the government's ability to identify the perpetrator responsible for the alleged activity.

State or Federal CSAM Charges

Most of these cases result in criminal charges, at least initially, in state courts, where there are no mandatory minimum sentences for these offenses. However, in many of these cases, the Assistant State's Attorney will contact the U.S. Attorney's Office and secure an agreement to federally indict the defendant if he does not agree to a plea offer in state court.

This can put the defendant in an extremely difficult situation, even in defensible cases, as the penalties for CSAM charges in federal court can be extreme. For example, in federal cases, the simple receipt of child pornography carries a minimum mandatory five years in prison. For distribution of CSAM, the penalty is 10 years, and for manufacturing of CSAM, it is 15 years. As with all federal sentences, these sentences must be served without the possibility of parole.

In other situations, federal prosecutors may express an interest in taking a case to federal court. Preventing this from happening is a big part of representing someone who is charged in this type of case, and this is something Silverman Thompson has been particularly successful at.

Needless to say, cases involving alleged CSAM offenses are extremely serious. It is imperative for an individual who is charged or even being investigated for crimes associated with CSAM to immediately retain aggressive and experienced criminal attorneys.

Contact Our Baltimore, Maryland CSAM Defense Lawyers

At Silverman Thompson, our criminal defense team includes former state and federal prosecutors, including Senior Partner Andrew C. White, the former Division Chief of the Sex Offense Unit in the United States Attorney's Office. We have the experience needed to represent clients in these cases and a strong knowledge of how the system operates. We understand how to avoid prosecution in federal court and how to achieve the best possible results for a person charged with an offense involving child pornography. Please contact our Baltimore CSAM charges attorneys at 410-385-2225 to set up a free consultation.