Ellicott City, Maryland CSAM Charges Lawyers

Attorneys for Child Pornography Offenses in Ellicott City

There are many reasons that people may be accused of crimes related to child pornography. A person may have accessed materials on the internet that they did not realize were illegal. Someone else may have used their computer to access illegal materials, or files may have been downloaded without their knowledge due to malware. Unfortunately, police officers and law enforcement officials may not accept reasonable explanations, and they will be likely to treat a person harshly.

The consequences of criminal charges related to child sexual abuse materials (CSAM) can be severe, and they can affect a person for the rest of their life. A person who is convicted on child pornography charges may not only be sentenced to years or decades in prison, but the requirement to register as a sex offender after serving their sentence will lead to collateral consequences that can affect their employment, housing, personal relationships, and much more.

Effective legal representation is crucial from the moment a person learns of an investigation related to child pornography. The attorneys at Silverman Thompson can provide the defense needed to address CSAM charges at both the state and federal levels. Our criminal defense team includes former prosecutors, giving us an understanding of how these cases are handled. We can provide guidance on the best defense strategies, and we will fight to defend against convictions.

How CSAM Is Defined Under Maryland Law

Maryland Code, Criminal Law Article § 11-207 states that child pornography may include any visual representations or performances in which a minor is engaging in sexual conduct. This conduct may include sexual intercourse, sadomasochistic abuse, or other acts that are considered obscene.

Physical materials such as printed photographs, magazines, videotapes, or DVDs may be classified as CSAM if they depict children in a sexually explicit manner. However, most cases involve digital files, including photo and video files that may be stored on devices, saved in cloud storage, or accessed on websites.

Computer-generated images and photos or videos that have been digitally altered may also fall within the definitions of CSAM. If an image or video depicts a real, identifiable minor, it could be considered child pornography. Criminal charges may apply in cases involving images or videos that have been altered using computer software or AI to make it appear as if a minor is engaging in sexual activities or is nude. Livestreamed content in which minor engages in sexual conduct can also constitute CSAM, even if there is no recording.

Why CSAM Accusations Can Lead to Federal Charges

Child pornography offenses may be prosecuted in state courts, but in many cases, they will be charged as federal crimes. When CSAM charges are prosecuted at the federal level, defendants will often face more serious penalties. Convictions can lead to mandatory minimum sentences in federal prisons, and sentencing guidelines used by federal court judges are more likely to lead to longer sentences. There are several factors that could lead to federal prosecution in CSAM cases, including:

Interstate Distribution and Online Activity

Most federal crimes will involve activity that occurs across state lines or affects people in multiple states or countries. Many alleged CSAM offenses involve the use of the internet, and virtually all online activity involves the transmission of data across state lines. When files are downloaded, online messages are sent, or people access online accounts, data is sent through networks that stretch across the United States or into other countries. This will make federal prosecution more likely.

Investigations by Federal Law Enforcement Officials

Multiple federal agencies may be involved in investigations of activity related to CSAM, including the FBI, the Department of Homeland Security, or the United States Postal Inspection Service. State and local law enforcement officials may also work with federal task forces as they investigate people suspected of child pornography offenses. Because of the involvement of federal officials in these investigations, charges brought against suspects will often be handled in federal courts.

Defense Strategies in CSAM Cases

The attorneys at Silverman Thompson will closely review the factors involved in a child pornography case to determine what steps may be taken to defend against these charges. We will examine the evidence and how it was obtained, and we will determine the ways that the prosecution's claims may be challenged. Potential options for defense may include:

Challenging Unconstitutional Searches and Seizures

Law enforcement officials will typically need to obtain search warrants before they can perform searches of a person's home or their devices. When requesting a warrant, they will need to show that there is probable cause to believe that a crime occurred. A warrant will include specific details about what may be searched and what may be seized. If officers did not provide factual support for a warrant, if they performed searches or seizures that were not authorized by a warrant, or if they seized evidence without obtaining a warrant at all, our lawyers can highlight these constitutional violations.

Challenging Knowing Possession of CSAM

When a person is accused of possessing child pornography, a prosecutor will need to prove that they knowingly possessed illegal material. That is, they must have intentionally accessed or downloaded CSAM. Our attorneys can challenge these claims in a variety of ways. We may show that malware caused files to be downloaded to a device without a person's knowledge. We may argue that a device was shared by multiple people, and someone else downloaded or accessed CSAM.

Our legal team works with professionals who can examine the technical evidence involved in a case. This can help determine how files were downloaded to a device, when they were accessed, and who knew about them. We will work to show that our client did not knowingly possess illegal material.

Challenging Whether Materials Qualify as CSAM

In some cases, the evidence in a child pornography case may be ambiguous. The age of the person depicted in materials may be uncertain. A prosecutor bears the burden of proving that the person depicted is a minor. Our lawyers can review the methods used to make those determinations, and we may be able to argue that there is no way to prove that materials fall under the definition of CSAM.

Entrapment in Undercover Investigations

Some CSAM charges may be based on law enforcement sting operations in which investigators posed as distributors or collectors of illegal material. Entrapment may occur when a person is encouraged, coerced, or induced to commit an offense that they would not have committed without the actions of an undercover officer. Our attorneys can look at how undercover operations were performed, and we may argue that officers caused our client to engage in illegal activity that they did not intend to commit.

Contact Our Ellicott City, MD CSAM Attorneys

Because of the seriousness of CSAM charges, anyone accused of these types of offenses will need to make sure they have a skilled attorney in their corner. At Silverman Thompson, we can provide guidance on the best steps to take in these situations, and we will fight to protect our clients' rights while helping them defend against convictions. Contact our Ellicott City child pornography defense lawyers at 410-385-2225 to schedule a free consult.