Bel Air Child Pornography Lawyers

Attorneys for State or Federal CSAM Charges in Bel Air, MD

Sexually explicit materials depicting children may be considered child pornography or child sexual abuse material (CSAM). Possession of these materials is a serious criminal offense that can lead to a lengthy prison sentence and other penalties. Charges of distributing child pornography or producing CSAM are even more serious, and convictions may lead to decades behind bars, as well as additional penalties such as the requirement to register as a sex offender. Because of the high stakes of these cases, it is essential to secure immediate legal representation.

At Craig M. Kadish & Associates, LLC, we work with clients in Bel Air, Maryland who have been accused of CSAM-related offenses. We can provide strategic legal guidance from the very beginning of a case, taking steps to protect our clients' constitutional rights, challenge improper conduct by police officers or federal officials, and advocate for a release from custody while charges are pending.

Under Federal law, people who are charged with child pornography offenses are presumed to present a risk to the public, and law enforcement officials may believe that defendants should remain in custody while they are awaiting trial. Our lawyers can take steps to rebut this presumption and demonstrate that our clients can be safely released under appropriate conditions. This can help ensure that a defendant will be able to participate fully in their defense.

What Is Considered Child Pornography?

State laws in Maryland and federal statutes provide broad definitions of CSAM that include multiple types of visual depictions of minors engaged in sexual conduct. In general, child pornography may include photographs, negatives, films, videos, digital files or any other "visual depictions." Even computer-generated images or videos or other artistic representations of children may be considered CSAM if they depict actual children that can be identified.

The specific definitions of CSAM include:

• Maryland Law: Under Maryland Code, Criminal Law Section 11-208, child pornography is defined as visual representations of children engaging in sexual conduct. A "child" is generally defined as a person younger than 16 years old. "Sexual conduct" includes intercourse, sexual acts, or sadomasochistic behavior. Materials depicting a child in a state of sexual excitement are also considered CSAM.
• Federal Law: Under 18 U.S.C. 2251 and 18 U.S.C. 2252, child pornography includes visual depictions of minors engaging in sexually explicit conduct. A "minor" is generally defined as a person under the age of 18.

CSAM Offenses and Penalties in Maryland

Under Maryland law (Maryland Code, Criminal Law Section 11-208), a person may be charged with the possession of child pornography if they knowingly possessed CSAM or intentionally retained these materials. The penalties for a conviction may include up to five years in prison and the requirement to register as a Tier I sex offender for 15 years.

Maryland Code, Criminal Law Section 11-207 covers offenses related to the distribution, promotion, or production of CSAM. These offenses include knowingly sharing or advertising CSAM, "depicting or describing" CSAM through the use of a computer, creating child pornography by taking photos or videos, or sharing identifying data about a child to facilitate the creation of CSAM. Penalties may include a prison sentence of as much as 10 years and registration as a Tier II sex offender for 25 years.

The penalties for child pornography offenses can multiply quickly when prosecutors bring separate counts for each image or video. Our lawyers can take steps to defend against these charges and limit the potential penalties. In certain circumstances, we may be able to help clients reduce the amount of time they will be required to register as sex offenders. Please reach out to us to learn more about the defense strategies we may utilize.

When Can CSAM Accusations Lead to Federal Charges?

While child pornography cases in Bel Air may be prosecuted under Maryland law, many cases will result in federal prosecution. In general, federal charges involve crimes that cross state lines or international borders. People who are charged with CSAM offenses may face federal charges based on accusations of:

• Downloading or distributing CSAM over the internet
• Transporting materials through multiple states or importing CSAM into the United States from another country
• Possessing or distributing large numbers of photos or videos that are considered CSAM

In many cases, federal agencies will conduct investigations of people who are suspected of CSAM offenses. Local law enforcement officials may also serve on task forces that investigate these cases. These investigations will typically result in federal child pornography charges.

The penalties that may apply for those who are convicted of CSAM offenses at the federal level are generally more severe, and they may include:

• Possession of Child Pornography: Up to 10 years in prison for a first offense, with no minimum sentence.
• Receipt or Distribution of Child Pornography: Five to 20 years in prison for a first offense, with a mandatory minimum of five years.
• Production: Mandatory minimum of 15 years in prison and up to 30 years for a first offense.

Sentencing in federal cases is also influenced by the United States Sentencing Guidelines (U.S.S.G.). While these guidelines are meant to provide recommendations for appropriate sentences, they include a number of factors that can lead to enhanced sentences that may be excessive. For example, one common enhancement that nearly always applies involves using a computer during a CSAM-related offense. Other enhancements may address materials depicting children younger than 12 years old or the total number of visual depictions of CSAM involved in a case.

The team at Craig M. Kadish & Associates, LLC has assisted many clients in federal child pornography cases, and we understand how the sentencing guidelines may apply in these cases. We can help judges understand what sentencing enhancements may be appropriate, arguing for reduced sentences whenever possible. As a result, we have helped numerous clients receive sentences that were less excessive than they would have received if the default sentencing guidelines had been applied.

Contact Our Bel Air, Maryland Child Pornography Defense Attorneys

Due to our extensive experience, the attorneys at Craig M. Kadish & Associates, LLC understand how prosecutors build CSAM cases and how to build successful defense strategies in these cases. By intervening early, we can help our clients protect their rights and avoid self-incrimination when answering questions or responding to law enforcement requests. We will work to prevent convictions or negotiate agreements that will minimize the impact of these charges and allow our clients to move forward successfully.

Whether you may be facing child pornography charges in Maryland courts or federal courts, we can ensure that you will have a strong defense. We will always work to help you achieve the best possible resolution to your case. Contact our Bel Air CSAM defense lawyers today by calling 410-837-0020 to schedule a free, confidential consultation.