Maryland Child Pornography Defense Lawyer

Aggressive Defense Attorneys for Child Porn Charges in Maryland and Across the United States

Offenses involving child pornography are serious sex crimes. A conviction of a child porn offense may not only mean years in prison but carries with it mandatory sex offender registration. To challenge the accusations against you, seeking legal representation is a necessity. A sex crimes defense lawyer can represent you in court, exploring possible defense strategies, mitigating circumstances, and opportunities to negotiate with the prosecution.

At Craig M. Kadish & Associates, LLC, our practice focuses on defense against child pornography charges; we believe we handle more of these serious cases than any other firm in the state of Maryland. Not only does Mr. Kadish possess the unique set of skills needed to defend these cases, he teaches the defense of child pornography cases to other attorneys. Our firm often receives referrals for the defense of people charged in child pornography matters from mental health experts treating individuals charged in these types of cases.

What Is Child Pornography?

Under Maryland state law, child pornography (child sexual abuse materials) is defined under Maryland Code, Criminal Law Section 11-208. This statute prohibits a person from knowingly possessing or viewing films, videotapes, photographs, or other visual representations that show an actual child under age 16 engaged in sexual conduct, sadomasochistic abuse, or in a state of sexual excitement. Child pornography now also includes computer-generated images that are indistinguishable from an actual, identifiable child.

Possession of Child Pornography

If you are accused of possessing child pornography, otherwise known as child sexual abuse material (CSAM), you could receive a jail sentence of up to five years per count and substantial fines. You are also likely to be required by the court to register as a Tier I sex offender for 15 years. In some child pornography possession cases in Maryland, it may be possible to avoid sex offender registration. Please contact Craig M. Kadish & Associates, LLC directly to learn how. Additionally, if you are required to register as a Tier I sex offender, though the traditional term of registration is 15 years, we are able to reduce most clients' term of registration to 10 years. Call us to find out how this may be possible.

Distributing and Producing Child Pornography

Maryland Code, Criminal Law Section 11-207 prohibits the following acts:

• Knowingly allowing, soliciting, or inducing a minor to create child pornography
• Photographing or filming child porn
• Using a computer to "depict or describe" child porn
• Intentionally promoting, advertising, or distributing child porn
• Using a computer to share identifying details about a minor to facilitate unlawful sexual activities

Distribution and/or production of child pornography in Maryland is a felony offense punishable by up to 10 years in jail and/or a $25,000 fine. Moreover, a conviction for distributing and/or producing child pornography will require the defendant to register as a Tier II sex offender. This means that person will be required to register as a sex offender in the state of Maryland, or any other state where they reside, for 25 years following their conviction.

Federal Child Pornography Charges

Child pornography, otherwise known as child sexual abuse material (CSAM) cases are some of the most complex federal criminal charges a defendant can receive. These cases are governed by 18 U.S.C. Section 2251 and 18 U.S.C. Section 2252.

18 U.S.C. Section 2252 deals with possession, distribution, and/or receipt of child sexual abuse materials (CSAM). While all three of these charges are governed by the same statute, the crime of distribution of CSAM and the crime of receipt of CSAM each carry mandatory minimum sentences of no less than five years. There is no mandatory minimum sentence in federal law for possession of CSAM.

18 U.S.C. Section 2251 deals with production of child pornography. This statute is meant to apply to anyone who employs, uses, persuades, induces, entices, or coerces any minor to engage in, or has a minor assist any other person to engage in, or who transports any minor in interstate or foreign commerce with the intention of having that minor engage in any sexually explicit conduct with the purpose of producing a visual depiction of that conduct. In other words, it is illegal to involve children in any manner to produce visual depictions of sexually explicit content.

A first offense for production of CSAM in the federal system carries a minimum mandatory sentence of 15 years of imprisonment. The maximum penalty may be up to 30 years of imprisonment for each count of production of CSAM that is charged. Furthermore, a defendant charged with production of CSAM may receive up to a $250,000 fine and may be required to be placed on supervised release for the remainder of their natural life. Penalties for subsequent offenders are even harsher.

Sentencing in federal CSAM cases (as is true in all federal criminal prosecutions) is governed by the United States Sentencing Guidelines (U.S.S.G.), which were created by the United States Congress. The extreme nature of the sentences that can be imposed upon defendants in these cases is in large part a result of incremental increases to a federal CSAM defendant's sentence because of enhancements that apply to nearly every defendant under U.S.S.G. 2G2.1. Examples of these enhancements include the use of a computer (which applies to nearly every defendant), the number of images, images of minors under 12 years of age, etc. All of these enhancements affect a federal criminal defendant's sentencing guideline range negatively.

Even in federal cases involving possession of CSAM, where there is no mandatory minimum sentence, the sentencing guidelines in these types of cases are so severe that people who are only charged with possession of CSAM regularly have sentencing guidelines that range from eight to 10 years of incarceration. Craig M. Kadish & Associates, LLC has never had a federal client prosecuted for possession of CSAM receive a guideline sentence. As a result of our experience, knowledge, and understanding of these cases, we have always obtained sentences for our clients far below the low end of the federal sentencing guidelines.

At Craig M. Kadish & Associates, LLC, our firm has decades of experience handling federal child sexual abuse material cases. In 2024, Mr. Kadish wrote a manual for a course outlining for federal defense attorneys legal strategies for defending against child pornography charges in the digital age. Mr. Kadish has defended federal child pornography cases in Maryland and throughout the country and is available to defend people charged in serious federal child pornography matters anywhere within the continental United States. He is also available as a defense consultant for other attorneys who do not regularly handle these types of cases.

Meet With a Maryland Child Porn Defense Lawyer Today

If you or someone you know requires the premier CSAM defense attorney in Maryland, then our firm is available for a consultation either online or in person. At Craig M. Kadish & Associates, LLC, our sex crime defense attorney can fight to protect you in and outside of court. Call our offices at 410-837-0020 or contact us online to schedule a free initial 30-minute consultation today.