Ellicott City, Maryland CSAM Lawyers

Attorneys Representing Clients in State or Federal Child Pornography Cases in Ellicott City

Child sexual abuse materials (CSAM) is the term that is currently used to describe child pornography. Whatever these materials may be called, people who are accused of possessing, distributing, or creating them may face serious criminal charges that carry severe penalties.

A conviction for a CSAM offense can permanently affect a person's life. They may be sentenced to imprisonment for many years or even multiple decades. Fines of thousands, tens of thousands, or even hundreds of thousands of dollars may be imposed. Even after serving a sentence, a status as a sex offender may continue to limit a person's opportunities. Determining how to defend against CSAM charges and avoid serious penalties can be difficult. The assistance of a skilled and experienced attorney can be invaluable in these cases.

Craig M. Kadish & Associates, LLC can provide a strong defense for clients in Ellicott City who are facing CSAM-related charges. Our lawyers have a comprehensive understanding of the laws that affect these cases, including both Maryland state statutes and federal laws. We work with clients to protect their rights and develop successful defense strategies. We have helped many clients avoid criminal convictions, receive shorter sentences, and reduce or eliminate other types of penalties.

How Maryland Defines Child Pornography

CSAM is addressed in Maryland Code, Criminal Law Section 11-208. Materials may be classified as child pornography if they include visual depictions of children younger than 16 years of age in a sexually explicit manner. These visual depictions may include photos, videos films, digital files, or images generated using computer software that show actual children. Depictions of children who are participating in sexual conduct, are the subject of sadomasochistic activities, or are sexually aroused or excited are all examples of child pornography.

Potential Penalties for Possession of CSAM

A person may face child pornography possession charges if they purposefully obtain, view, store, or access CSAM. This charge may apply in situations where files are intentionally downloaded, viewed through online accounts, or retained in a browser cache or a computer's memory. Prosecutors may bring separate counts for each separate instance of CSAM, which can multiply the potential penalties that a person may face.

The penalties for possession of child pornography may include a prison sentence lasting as long as five years and/or a $2,500 fine for each count. A person who is convicted will usually be classified as a Tier I sex offender. This will require sex offender registration for a period of 15 years. However, our lawyers have helped clients take steps to avoid the need to register as sex offenders or secure reduced terms of 10 years. Get in touch with us to learn more about when these options may be available.

Distribution, Promotion, and Production of CSAM

More serious charges will typically apply when prosecutors allege that a person shared or created CSAM. A person may be charged with one or more of these offenses if they are accused of:

• Distributing CSAM to others, including by physically giving or selling people copies of photos or films, as well as transmitting digital files to others over the internet.
• Promoting or advertising CSAM online or in other venues.
• Describing or depicting CSAM by using a computer.
• Taking photographs or recording videos of children engaging in sexually explicit acts.
• Purposely allowing children to create CSAM or otherwise coercing, soliciting, or inducing minors to participate in the production of child pornography.
• Using computer systems or the internet to share a minor's personal information for the purpose of facilitating the production of child pornography.

The penalties for these offenses include a maximum prison sentence of 10 years and/or a $25,000 fine for each count. A person who is convicted will usually be classified as a Tier II sex offender. This will require sex offender registration for 25 years. This term typically cannot be reduced.

When CSAM Cases Lead to Federal Prosecution

Although Maryland courts prosecute many CSAM cases, federal charges may apply in certain situations, including when:

• A person is accused of transmitting or receiving CSAM via the internet.
• A person is accused of traveling across state lines or international borders when transporting CSAM or transporting children for the purpose of producing CSAM.
• Federal agencies such as the FBI, the Department of Homeland Security, or the U.S. Postal Inspection Service investigate people based on suspicions of possessing, distributing, or producing CSAM.
• A case involves large quantities of images or videos that are considered to be CSAM.

The penalties imposed under federal laws for CSAM offenses can be harsh. Distributing or receiving CSAM may result in a minimum prison sentence of five years, while charges of producing CSAM carry a minimum sentence of 15 years. Even in cases involving allegations of CSAM possession, which does not have a mandatory minimum sentence, sentences as high as 10 years may be put in place due to the sentencing enhancements that are included in the United States Sentencing Guidelines (U.S.S.G.).

With our history of successfully defending clients in federal child pornography cases, we can provide the representation needed to help our clients avoid convictions or minimize their penalties. Due to our understanding of the factors addressed in U.S.S.G., we can advocate against the use of inappropriate sentence enhancements. In the past, we secured reduced sentences for many clients that were well below what the federal guidelines would recommend.

Defense Strategies for CSAM Charges

Defending against child pornography charges requires a careful analysis of the evidence and strategic planning from an attorney who has a comprehensive understanding of the law and experience defending clients in these matters. Our lawyers will develop customized defense strategies based on the facts and circumstances of each case. We can:

• Challenge Unlawful Searches: If investigators obtained evidence without a valid warrant or exceeded the scope of a search, we can take steps to exclude the evidence they uncovered.
• Disputing Knowledge or Intent: In many cases, prosecutors will need to prove that the accused knowingly possessed or distributed CSAM. We may be able to show that a person was unaware of materials or did not intend to access them.
• Negotiating With Prosecutors: When necessary, we will seek reduced charges or penalties to help our clients resolve their cases and avoid long-term consequences.

Contact Our Ellicott City, MD Child Pornography Defense Attorneys

From the earliest stages of an investigation through the conclusion of a case, Craig M. Kadish & Associates, LLC can provide comprehensive representation. We will help you address CSAM-related charges, defend against a conviction, and minimize the ways your life and future will be affected. Reach out to our Ellicott City CSAM defense lawyers and set up your free consultation by calling us at 410-837-0020.