Bethesda, Maryland CSAM Defense Lawyers

Attorneys for Child Pornography Charges in Bethesda

Criminal charges related to child pornography carry some of the most serious penalties that can affect defendants. Accusations of possessing, distributing, receiving, or producing child pornography, which is also known as child sexual abuse material (CSAM) should be taken very seriously. Without a strong defense, a defendant could be sentenced to years or decades in prison, be required to pay massive fines, and be classified as a convicted sex offender for decades or even the rest of their life.

Anyone who is charged with a crime involving CSAM will need to secure legal representation from an experienced attorney as soon as possible. At Craig M. Kadish & Associates, LLC, our lawyers defend clients facing allegations related to CSAM at both the state and federal levels. We have helped numerous clients address these charges. Due to our level of knowledge in this area of the law, we also provide education for other attorneys on the most effective defense strategies. With our understanding of how prosecutors pursue these charges, the factors that can affect sentencing, and other issues that may play a role in these cases, we can protect our clients' rights and help them achieve the best possible results.

What Materials May Be Considered CSAM?

Both Maryland statutes and federal law define CSAM broadly to cover a wide range of visual depictions of sexual activity involving minors. In general, CSAM may include any depictions of children engaging in sexual intercourse, sexual contact, sadomasochistic activities, or other types of sexual activity. Examples may include:

• Photos or videos showing children engaged in sexual acts.
• Digital or scanned images stored on computers, phones, or other devices that depict children in a sexually explicit manner.
• Live recordings or streaming videos involving minors engaging in sexual conduct.
• Images or videos generated using computer software that depicts real, identifiable children in a sexual manner.
• Depictions of children in states of nudity or sexual excitement that are intended to arouse or gratify sexual desire.

A person may face criminal charges related to child pornography if they knowingly possessed CSAM or intentionally accessed these types of materials. More serious charges will usually apply if a person is accused of distributing CSAM to other people or creating child pornography by photographing or recording a child engaging in sexual activities or otherwise causing children to be involved in the production of CSAM. Our lawyers will carefully examine the facts of each case to determine whether prosecutors can prove that a client knowingly possessed or accessed CSAM.

Maryland Child Pornography Laws and Penalties

Under Maryland Code, Criminal Law Sections 11-207 and 11-208, people may face serious penalties for offenses related to CSAM, including:

• Possession: Charges of knowingly possessing or accessing CSAM, such as by viewing child pornography online, can lead to a maximum prison sentence of five years for each count of this offense. A conviction will also result in Tier I sex offender registration for 15 years.
• Distribution, Production, or Promotion: These offenses may involve actions such as creating child pornography by filming or photographing children engaging in sexual activity, advertising CSAM, making CSAM available to others, describing or depicting CSAM using a computer, or sharing a child's personal information online for the purpose of encouraging them to participate in sexual activities that are unlawful. Penalties include up to 10 years in prison, as well as Tier II sex offender registration for 25 years.

Federal Child Pornography Laws and Penalties

Federal prosecutors often become involved in CSAM cases that involve the internet, electronic communications, or interstate activities. Because of the complex nature of these cases, the resources available to federal prosecutors, and the potential for serious penalties, legal representation from an attorney who has experience defending against federal CSAM charges is crucial.

The specific federal crimes addressing CSAM are outlined in 18 U.S.C. 2251 and 2252. These charges include:

• Possession: A person accused of possessing child pornography may face serious penalties when they are prosecuted in federal courts. Even though this offense does not have a mandatory minimum sentence, a person could face a prison sentence of eight to 10 years if they do not have legal representation from an experienced lawyer.
• Distribution or Receipt: While sharing CSAM online or otherwise distributing child pornography to others is a serious offense, the same penalties may apply for a person who is accused of receiving CSAM. In these cases, a person will face a mandatory minimum sentence of five years, and a first offense carries a maximum sentence of 20 years.
• Production: The creation of CSAM is considered to be an especially serious offense. The mandatory minimum sentence in these cases will be 15 years, and a first offense may lead to a maximum sentence of 30 years. A conviction may also result in fines of up to $250,000.

The Role of Federal Sentencing Guidelines

In federal child pornography cases, sentences will typically be determined using the United States Sentencing Guidelines (U.S.S.G.). These guidelines detail sentences that are considered to be appropriate for different offense levels, but multiple types of enhancements may increase the potential prison terms. Some of the enhancements that may lead to longer sentences include:

• A computer was used to obtain or distribute CSAM.
• The material depicts children under the age of 12.
• The case involves a large number of images or videos.
• The material portrays violence or sadistic conduct.

When enhancements are applied without fully considering the facts of a case and the circumstances of a defendant, lengthy prison sentences may be imposed. Our attorneys understand how to challenge enhancements, present mitigating circumstances, and argue for sentences that are below the guideline recommendations. In the many cases we have handled, we have achieved results that allowed for shorter sentences than recommended by the federal guidelines.

Contact Our Bethesda, MD Child Pornography Attorneys

Criminal charges related to child sexual abuse materials could change your life forever. You need immediate, informed legal help to protect your rights and build a strong defense. At Craig M. Kadish & Associates, LLC, we have the experience and knowledge needed to defend you in state or federal courts. To set up a free consultation, contact our Bethesda CSAM lawyers at 410-837-0020.