Annapolis Child Pornography Attorneys

Lawyers Defending Against State or Federal CSAM Charges in Annapolis, MD

When you are facing criminal accusations related to child pornography, which is also referred to as child sexual abuse material (CSAM), you are likely to suffer serious consequences if you are convicted. Many people facing these accusations are assumed to be guilty, but with legal representation from an experienced attorney, you can take steps to defend against a conviction or reduce the penalties that you may face.

At Craig M. Kadish & Associates, LLC, our sex crimes defense attorneys can help you explore the defense strategies that may be available and the circumstances that may mitigate the charges you are facing. We will work to defend against a conviction, seeking an acquittal or dismissal whenever possible. If necessary, we can also negotiate with prosecutors, working to minimize the potential penalties that may apply to you.

Our team has extensive experience defending against allegations involving the possession, distribution, or production of CSAM. We can provide representation in state courts in Annapolis, as well as federal courts in Maryland and across the country. With our unique skills and experience in these cases, we can provide a strong defense, regardless of the nature of the charges or the evidence involved in a case.

Child Pornography Charges Under Maryland Law

Maryland Code, Criminal Law Section 11-208 describes materials that may be considered child pornography or CSAM. These materials may include any visual depictions of a child under the age of 16 engaging in sexual conduct. Visual depictions may include photographs, films, videotapes, digital images or videos, or computer-generated images that depict an actual, identifiable child. Sexual conduct may include sexual intercourse, other forms of sexual contact, sadomasochistic abuse, or depictions of a child in a state of sexual excitement.

Possession of CSAM, intentionally retaining child pornography, or intentionally accessing and viewing CSAM can result in a prison sentence of up to five years and/or a fine of $2,500. These penalties may apply for each count of child pornography possession, which means that cases involving the possession of multiple images or videos may lead to longer sentences. A person who is convicted will be classified as a Tier I sex offender, which will require sex offender registration for 15 years. However, Craig M. Kadish & Associates, LLC can provide guidance on how the term of registration may be reduced. Please contact us to learn more.

The production or distribution of child pornography is addressed in Maryland Code, Criminal Law Section 11-207. Actions that are prohibited include:

• Photographing or filming a child under the age of 16 while they engage in sexual conduct
• Soliciting, inducing, allowing, or otherwise causing a child under the age of 16 to engage in the production of CSAM
• Knowingly promoting, advertising, or distributing CSAM
• Using a computer to describe or depict CSAM
• Using a computer to share a child's identifying information for the purpose of soliciting, facilitating, or engaging in unlawful sexual conduct

A person who is convicted of producing or distributing CSAM in Maryland may be sentenced to up to 10 years in prison and/or a $25,000 fine. A conviction will also result in a person being classified as a Tier II sex offender, which requires registration for 25 years.

Federal CSAM Charges

In some cases, federal law enforcement officials may investigate allegations of CSAM possession, distribution, receipt, or production. Federal charges may apply in cases involving large quantities of images or videos that are considered to be child pornography, when CSAM was allegedly transmitted or received via the internet or transported across state lines, or when investigations are conducted by federal agencies such as the FBI or the U.S. Postal Inspection Service.

Under 18 U.S.C. Section 2252, it is illegal to possess, receive, or distribute CSAM. While there is no mandatory minimum sentence for possession of CSAM, offenses involving the receipt or distribution of CSAM carry mandatory minimum sentences of five years.

Under 18 U.S.C. Section 2251, it is illegal to produce child pornography by employing, persuading, enticing, coercing, or otherwise using minors to engage in sexually explicit conduct for the purpose of recording or producing a visual depiction of that conduct. This offense may also involve having a minor assist someone else in engaging in sexually explicit conduct or transporting a minor across state lines or international borders for the purpose of producing CSAM.

A conviction on federal charges for the production of CSAM will result in a mandatory minimum prison sentence of 15 years and a maximum of 30 years for each count of the offense. The maximum fine in these cases is $250,000.

Federal sentencing in cases involving CSAM is governed by the United States Sentencing Guidelines (U.S.S.G.). These guidelines include enhancements that can increase the length of sentences, and certain enhancements may apply in nearly every case. For example, the use of a computer is a factor that can increase a sentence. Other enhancements may be based on the number of images or videos or the depiction of one or more children under the age of 12.

With our understanding of the sentencing guidelines, we can advocate on behalf of clients to reduce their potential sentences. Because of our knowledge and experience in cases involving CSAM, we have helped numerous clients obtain sentences that were far below what was recommended by the sentencing guidelines.

Contact Our Annapolis, Maryland CSAM Defense Lawyers

Because of the serious nature of allegations involving the possession, receipt, distribution, or production of child sexual abuse materials, it is essential to secure legal representation as early as possible. If you have been arrested, if you have learned that you are under investigation, or if your devices have been seized by law enforcement, get in touch with Craig M. Kadish & Associates, LLC right away. We will provide you with the strong defense you need, including arguing against the presumption that you should be held in detention while awaiting trial. Contact our Annapolis child pornography defense attorneys at 410-837-0020 to set up a free consultation.