Frederick Child Pornography Attorneys

Lawyers for Charges Related to Child Sexual Abuse Materials in Frederick, MD

Allegations involving child pornography are very serious criminal offenses, and they can result in some of the most severe penalties for people who are convicted in Maryland state courts or federal courts. A person who is convicted of charges related to child sexual abuse materials (CSAM) may face a long-term prison sentence and very high fines. Sex offender registration may be mandatory in these cases, and it can lead to restrictions on housing and employment while affecting nearly every other area of a person's life.

With the severe consequences that may apply in these cases, accusations should be addressed with assistance from a lawyer who has experience handling sex crimes. Craig M. Kadish & Associates, LLC provides representation for clients facing CSAM charges in Frederick. We have helped numerous clients defend against these types of offenses. Due to our comprehensive knowledge of the legal issues that play a role in these cases, we have been recognized as leaders who teach other attorneys about effective defense strategies. Our unparalleled level of experience ensures that we can help clients defend against convictions.

Possession of CSAM

A person may face charges related to the possession of child pornography if they are accused of knowingly acquiring, storing, or accessing CSAM on a device such as a computer or smartphone or possessing physical materials such as photographs, videotapes, or films. The specific charges in these cases may include:

• Maryland CSAM Possession Charges: Under Maryland Code, Criminal Law Section 11-208, possession of CSAM is punishable by up to five years in prison and a $2,500 fine per count. A conviction will generally lead to Tier I sex offender registration for 15 years. Our lawyers understand the steps that may be taken to reduce or eliminate sex offender registration requirements in these cases, so contact us to find out how this may be possible.
• Federal CSAM Possession Charges: Under 18 U.S.C. 2252, possession of CSAM is punishable by up to 10 years in prison. There is no minimum sentence that will apply in these cases, but sentence enhancements included in the federal sentencing guidelines will often lead to sentences of eight to 10 years. Our attorneys can advocate for the proper application of the sentencing guidelines, and we regularly help our clients receive reduced sentences.

Distribution, Production and Promotion of CSAM

The penalties a person may face will be more serious in cases involving allegations that a person has participated in the creation of child pornography or has promoted or distributed CSAM. These charges may be handled in Maryland state courts, addressing offenses defined under Maryland Code, Criminal Law Section 11-207 that may include:

• Distributing CSAM by sharing files online, sending photos or videos to other people, or selling physical materials
• Advertising or promoting CSAM, including by depicting or describing child pornography with a computer or the internet
• Taking photos or recording videos that are considered to be CSAM.
• Soliciting, allowing, or inducing a child to participate in creating CSAM or otherwise allowing a child to be involved in sexually explicit conduct that will be captured through a visual depiction.
• Sharing a minor's identifying details for the purpose of encouraging the production of CSAM or any other unlawful sexual activities.

Offenses involving producing, promoting, or distributing child pornography are punishable by prison sentences of up to 10 years. A conviction for this type of offense will require Tier II sex offender registration lasting for 25 years.

When charges related to producing or distributing child pornography are prosecuted at the federal level, the penalties may be even harsher. Charges of distributing child pornography will result in minimum prison sentences lasting for five years. These charges may also address the "receipt" of CSAM, and the same penalties will apply. In cases where someone is accused of producing child pornography, including the transportation of a minor in "interstate or foreign commerce" in order to create CSAM, the mandatory minimum sentence is 15 years, and the maximum sentence is 30 years.

When CSAM Cases Are Handled in Federal Court

Federal charges may apply in situations such as:

• A person has been accused of transmitting CSAM online, either by downloading or accessing online files or by uploading or distributing materials that may be accessed by others.
• Images or videos classified as CSAM are transported or distributed across international borders or in multiple states.
• Investigations of CSAM-related offenses are performed by federal agencies or task forces.

People convicted of federal CSAM offenses may face harsh penalties due to the use of the United States Sentencing Guidelines (U.S.S.G.) in federal courts. While the guidelines may recommend sentences based on a specific offense and a person's criminal history, they also include sentence enhancements that may increase the amount of time a person will be required to serve in prison. Some common enhancements include the quantity of materials involved in a case, the involvement of minors who are under the age of 12, or even a person's use of a computer.

Our attorneys can address the use of the federal guidelines and advocate for lower sentences. We work to ensure that our clients do not receive inappropriate sentences and that judges fully consider all facts and circumstances involved in a case. With our experience handling these matters, our clients have received sentences that are less than the guideline sentences.

Defense Strategies in CSAM Cases

Our lawyers understand the best ways to address and defend against criminal charges related to child pornography. Our defense strategies may include:

• Challenging the legality of searches and seizures and making sure evidence that was obtained unlawfully is excluded from a case.
• Questioning whether a person had knowledge of CSAM or the intent to commit a CSAM offense. For example, we may take steps to demonstrate that our client was not aware of files that were stored on a device they shared with other people.
• Reviewing forensic evidence with independent experts to identify flaws in the digital analyses performed by investigators or prosecutors.
• Negotiating with prosecutors to reduce charges, limit penalties, or avoid sex offender registration whenever possible.

Contact Our Frederick, Maryland Child Pornography Defense Lawyers

Representation from an attorney with proven experience in complex CSAM cases can help you succeed as you defend against these charges in state or federal courts. Craig M. Kadish & Associates, LLC can provide you with effective defense strategies while working to protect your rights. Set up a free initial consultation by contacting our Frederick CSAM defense attorneys or calling 410-837-0020.