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12020 Georgia Avenue, Suite A, Wheaton, MD 20902
7315 Hanover Pkwy, Ste D, Greenbelt, MD 20770
One Church Street, Ste 801, Rockville, MD 20850
6309 Baltimore Ave, Suite 302, Riverdale, MD 20737
914 Silver Spring Ave, Ste 116, Silver Spring, MD 20910
200-A Monroe Street, Ste 310, Rockville, MD 20850
14300 Gallant Fox Ln, Ste 223, Bowie, MD 20715-4003
14030 Connecticut Avenue, Unit 9110, Silver Spring, MD 20916
12805 Old Fort Rd, Suite 302, Fort Washington, MD 20744
9701 Apollo Drive, Suite 100, Largo, MD 20774
1 Research Court, Suite 450, Rockville, MD 20850
199 E Montgomery, Suite 100, Rockville, MD 20850
100 North Court Street, Frederick, MD 21701
132 Main Street, Prince Frederick, MD 20678
12301 Old Columbia Pike, Suite 210, Silver Spring, MD 20904
5301 Buckeystown Pike, Suite 215-A, Frederick, MD 21704
2670 Crain Highway, Suite 411, Waldorf, MD 20601
30 West Patrick Street, 6th Floor, Frederick, MD 21701-6903
27 W Jefferson St, Rockville, MD 20850
8607 Second Avenue, Suite 405 A, Silver Spring, MD 20910
204 Washington Ave, Suite 300, La Plata, MD 20646
5410 McGrath Blvd, Ste 205, North Bethesda, MD 20852
12932 Georgia Ave, Silver Spring, MD 20906
22 S Market St, Unit 11, Frederick, MD 21701
6305 Ivy Lane, Suite 700, Greenbelt, MD 20770
Frederick Child Pornography Information
Lead Counsel independently verifies Child Pornography attorneys in Frederick and checks their standing with Maryland bar associations.
Our Verification Process and Criteria
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Pledge to follow the highest quality client service and ethical standards.
What Is Considered Child Pornography?
Under federal law, child pornography is defined as any visual depiction of sexually explicit conduct involving a minor (someone under the age of 18). Sexually explicit conduct means actual or simulated:
- Sexual intercourse
- Bestiality
- Masturbation
- Sadistic or masochistic abuse
- Lascivious exhibition of the genitals or pubic area
Child pornography may also include images or videos of child sexual abuse. In the past, pornography generally involved videos or photos. However, visual depictions of sexual activity may take many other forms, including any undeveloped film, data stored on a computer disk, data capable of conversion into visual imagery, peer-to-peer file sharing, or computer-generated child porn images.
Laws against child pornography make it a crime to be involved in the material in any way, including:
- Possession
- Receiving
- Trading and distribution
- Reproduction
- Production
- Solicitation
What Are the Elements of Child Pornography Charges?
When someone is accused of possession of child pornography, the prosecutor has the burden of proof to prove every element of the criminal charges beyond a reasonable doubt. The elements vary by jurisdiction but generally include the prosecutor proving the defendant knowingly possessed or controlled material containing a visual depiction of a minor involved in sexually explicit conduct.
What Are the Penalties for Child Pornography in Maryland?
Child pornography is a form of child exploitation. The courts take sexual exploitation of a child charges very seriously. There are harsh penalties for possession, distribution, or receipt of child porn material, even if the individual was not involved in direct abuse. In general, any child pornography charge is a felony. Penalties depend on a number of factors, including the amount of material involved, age of the victim, participation in abuse, and prior child pornography convictions.
For example, under federal child pornography laws, a first-time offender convicted of production of child pornography can face a minimum of 15-year prison sentence. A second offense is punishable by imprisonment from 25 years to 50 years. A third conviction includes a maximum of life in federal prison.
When a judge uses sentencing guidelines, they may take into account a number of factors. Aggravating factors can involve harsher penalties, up to the maximum sentence. Aggravating factors in child pornography cases may include:
- Explicit depictions of a minor under the age of 12
- Distribution of material to a minor
- Sadistic, masochistic, or violent depictions
- Number of images of child pornography
Will I Have to Register as a Sex Offender in Maryland?
After release from imprisonment or serving out probation, someone convicted of possession or distribution of child pornography may have to register as a sex offender. Mandatory sex offender registration is a continuing obligation to notify and update law enforcement agencies annually and whenever the offender moves. Depending on the child pornography offense and the state, registration may be a lifetime duty. Failure to register or moving without notifying law enforcement may result in criminal charges.
Sex offender registration is generally publicly available. Most states have a searchable website where individuals can search for a registered sex offender by name or location. The online sex offender registry generally includes the offender’s:
- Name
- Photograph
- Age
- Criminal offense
- Identifying information
Do I Need a Lawyer If I Am Facing Charges for Child Pornography?
With such serious criminal penalties involved in sex crimes, you may want to contact an experienced criminal defense lawyer for advice. A child pornography lawyer will be able to explain your legal options, evaluate every viable defense, and can challenge the prosecutor’s evidence. After formal charges are filed, your options are generally to plead guilty or take your case to court. Skilled attorneys can also help you negotiate a plea agreement to reduce the charges, try and get the minimum sentence, or have some charges dismissed. Talk to a defense attorney about your strongest defense options.
Are There Legal Defenses to Child Pornography Charges?
When law enforcement agencies conduct a law enforcement investigation, their evidence may only consist of the evidence of pornographic materials on someone’s computer or an IP address using file-sharing programs to exchange digital images. They may not have direct evidence that the defendant accessed or shared the information. It may be an effective defense to show the computer was shared with a roommate or others. Other common defense strategies may include:
- Wireless router was not secured and accessible to others
- Defendant did not know a shared file contained illegal images
- Images were artistic depictions with serious artistic, political, or scientific value
- Individual portrayed was 18 years old or older at the time
Was the Search of My Computer Legal?
Law enforcement cannot just search anyone’s computer for illegal material. Generally, the police need to have search warrants to conduct a search of computers, homes, vehicles, or other private areas. However, there may be several exceptions where the police do not need a warrant, including when the owner gives consent to search.
If the police conducted an unlawful search, it may be a violation of your constitutional rights against unreasonable search and seizure. Your attorney may be able to file a motion to suppress any unlawfully obtained evidence to keep it out of court. Without evidence of child pornography, the prosecutor may not have a strong enough case to move forward.