Essex CSAM Defense Attorneys

Lawyers Assisting With Child Pornography Charges in Essex, MD

Few criminal charges are as serious as those involving child sexual abuse material (CSAM), which is usually referred to as child pornography. The creation of these materials involves serious harm to children, and those who are charged with possessing, distributing, or producing CSAM can face serious penalties. The sentences that may apply following a CSAM conviction may result in years or decades behind bars. Even after serving a sentence, a person will be subject to sex offender registration requirements, and this can limit where they can live and work while also causing other ongoing difficulties.

At Silverman Thompson, our lawyers know how people can be affected by accusations related to child pornography. We have extensive experience defending clients against CSAM charges and other sex crimes. We can provide effective representation in these cases, examining the evidence and the claims made by prosecutors and determining the best options for fighting against a conviction that will label a person as a sex offender.

Possession of Child Pornography

Charges related to CSAM possession may apply if a person is accused of intentionally accessing and retaining materials that are considered child pornography. Each file, photograph, video, or other piece of child pornography may be charged as a separate count of CSAM possession, which can result in an especially lengthy sentence in cases involving multiple files.

Child pornography possession charges may be based on searches of electronic devices seized by law enforcement officials. These searches may reveal that CSAM had been stored on a computer, phone, or other device or that files had been saved in cloud storage accounts, email archives, or other digital locations.

Defending Against CSAM Possession Charges

A prosecutor must prove that a defendant knowingly possessed CSAM. They must have been aware of the presence of child pornography on their device or in locations that they had access to. However, when a computer or phone was regularly used by multiple people, the registered owner or primary user may not have downloaded or accessed materials, or they may not have been aware of files that were stored on the device. Our lawyers can review usage logs, account logins, and other technical details to show that a person had no knowledge of CSAM on their device.

Malware and malicious software may cause illegal files to be downloaded or stored on a device without the owner's knowledge. Some programs are designed to use infected devices to store illegal content. Hackers may gain remote access to a device, and they may download or store material. Our legal team works with professionals who understand how to analyze devices and uncover malicious software and unauthorized access. We can take steps to show that a person had no knowledge of CSAM that had been downloaded or saved.

Distribution of Child Pornography

A person is likely to face more serious charges if they are accused of not just possessing CSAM, but taking steps to make it available to other people. A person may be accused of sending CSAM to another person through email or text messages. They may be accused of uploading material to websites or file hosting services where others could download these files. In some cases, a person who used file-sharing services may not have realized that files were stored on their computer, but prosecutors may argue that this content was available to other users, and the person may be charged with CSAM distribution even if they never deliberately sent material to another person.

Defending Against CSAM Distribution Charges

Our attorneys may be able to show that a person who used file-sharing software or other online services did not know that files were shared with others. We can take steps to determine whether materials were actually transferred to other users, and we can raise reasonable doubt about whether a person intended to distribute materials online.

In cases where a person is accused of directly sending materials through messaging apps or email, our lawyers can raise questions about who actually controlled an account at the time when messages were sent. When multiple people had access to an account, or hackers may have gained unauthorized access to an account, we may argue that files were sent without our client's knowledge.

Some CSAM distribution charges may be based on undercover operations conducted by law enforcement officials. Officers may communicate with someone online and pose as distributors or collectors of child pornography. In these cases, our attorneys may be able to argue that entrapment occurred. We may show that an officer initiated contact with a person and took steps to convince them to share illegal materials even when they were reluctant to do so.

Production of Child Pornography

Charges involving the production of CSAM may involve claims that a person recorded or photographed a minor as they were engaging in sexual conduct. CSAM production charges may also apply in situations where a defendant allegedly persuaded or coerced a minor to produce images of themselves and transmit those images electronically. Any involvement in the production of CSAM, including profiting from child pornography or allowing children to be involved in the creation of these materials, could lead to serious criminal charges.

Defending Against CSAM Production Charges

Prosecutors will be required to prove both that illegal content was created and that the defendant was involved in its creation. When cases involve online communications, our lawyers may address issues related to who controlled an online account and who sent messages to a minor. We may take steps to show that an account had been shared or that it was accessed by someone else without authorization.

If a defendant is accused of inducing a minor to produce and transmit images, a prosecutor will need to prove that the person depicted was actually a minor. When there is uncertainty about the age of the person, our attorneys may be able to argue that the materials involved in a case may not qualify as CSAM.

We may also raise constitutional challenges to the evidence involved in a CSAM production case. When digital evidence was obtained without a search warrant, we can take steps to suppress that evidence and prevent it from being used against our client.

Contact Our Essex, Maryland CSAM Defense Lawyers

Because of the serious penalties that people accused of CSAM charges may face, legal representation from an experienced lawyer is crucial from the very beginning of a case. The team at Silverman Thompson can help clients determine the best ways to respond to child pornography investigations and defend against criminal convictions. Contact our Essex child pornography attorneys at 410-385-2225 to arrange a free consultation today.