Parkville CSAM Charges Defense Attorneys

Lawyers for Charges of Possession, Distribution, or Production of Child Pornography in Parkville, Maryland

In criminal cases where children may be at risk of harm, law enforcement officials will often take harsh measures against suspects. In cases involving child pornography, a person may be treated as if they are guilty from the moment they become the subject of an investigation. If they are convicted of an offense related to the possession, distribution, or production of child sexual abuse materials (CSAM), they will face multiple types of serious consequences, including long periods of incarceration, as well as ongoing restrictions due to a status as a convicted sex offender.

Because of the harsh approach taken against people suspected of CSAM offenses and other sex crimes, legal representation from an experienced lawyer is crucial. If you have been arrested, if police have asked you questions related to a child pornography offense, or if your phone, computer, or other devices have been confiscated by law enforcement, you should not say anything to anyone other than your attorney. Any attempts to explain yourself or provide information that you think would help your case will be more likely to be used as evidence of your guilt. To protect yourself, you should invoke your right to remain silent and refuse to say anything before you have spoken to our attorneys.

With our understanding of the issues involved in CSAM cases and our experience representing clients in both federal and state courts, the team at Craig M. Kadish & Associates, LLC can provide the representation you need during your defense. We will fight against a criminal conviction, working to have the charges against you dismissed or secure an acquittal at trial. If necessary, we can take steps to reach agreements with prosecutors, seeking to have charges reduced or resolve your case with minimal penalties. At all times, we will provide an effective defense while protecting your rights.

What May Be Considered Child Pornography

There are many types of materials that may fall under the general category of child pornography. CSAM typically includes any visual materials that depict children under the age of 18 in a sexually explicit manner. Examples may include:

• Photographs or videos depicting minors as they engage in sexual intercourse or other types of sex acts
• Digital images or recordings of minors engaging in sexually explicit conduct that are stored on computers or online accounts
• Computer-generated videos or images that appear to show real children who can be identified, including materials created using AI tools that have altered existing photos to make them sexually explicit
• Depictions of minors in the nude or in states of sexual excitement for the purpose of sexual arousal

A person could be charged with a CSAM offense if they are accused of downloading child pornography or simply viewing a website, including on the "dark web." Sharing images or videos that are considered CSAM through file-sharing networks, direct messages, or other means may lead to more serious charges. The most serious offenses often involve the creation of CSAM, including by using a camera or phone to record a minor as they engage in sexual conduct or otherwise employing or inducing a child to create sexually explicit materials.

Child Pornography Charges at the Federal Level

Federal CSAM charges may involve the possession, distribution, or production of illegal materials. A person who is accused of possessing CSAM may face a sentence of up to 10 years in prison, with no mandatory minimum. Distributing or receiving CSAM has a mandatory minimum sentence of five years, and the maximum sentence is 20 years in most cases. Charges of CSAM production are the most serious offenses, with a mandatory minimum of 15 years upon conviction and a maximum of 30 years.

One of the most significant factors in federal CSAM cases involves the use of the United States Sentencing Guidelines (U.S.S.G.). When a person is convicted, the federal guidelines will determine how long they should be sentenced to prison. Even when facing charges without a mandatory minimum sentence, such as CSAM possession, the use of the federal guidelines often leads to sentences that are close to the maximum of 10 years.

The extreme nature of the sentences imposed in federal child pornography cases is due to the sentence enhancements that are defined in the U.S.S.G. Many of the factors involved in a case can lead to longer sentences, especially when judges apply these enhancements without fully considering the facts of a case. For example, one common enhancement includes the use of a computer during a CSAM offense. Since this would apply in almost every case involving CSAM, a sentence is likely to increase if a judge simply follows the sentencing guidelines.

At Craig M. Kadish & Associates, LLC, we can provide federal judges with information about the appropriate use of the federal sentencing guidelines. By informing them of the specific facts that are involved and the circumstances of a defendant, we can help ensure that the sentences imposed are not excessive. Due to the care we take during these cases, we have never had a client receive a guideline sentence.

Maryland CSAM Charges

When CSAM cases are prosecuted at the state level, representation from an experienced attorney is just as crucial as in federal cases. Our lawyers have a strong understanding of Maryland law, including the ways child pornography is defined and the actions that could result in criminal charges. Notably, Maryland law defines child pornography as visual materials depicting children under the age of 16 as they engage in sexual conduct.

We can provide a defense against charges related to the possession of CSAM, which may lead to up to five years in prison for every count of this offense. We can also address allegations of distributing CSAM, promoting CSAM online or in other venues, or producing CSAM by taking photos, recording videos, or otherwise soliciting or allowing a minor to create sexually explicit materials. These offenses carry harsher penalties, including up to 10 years in jail for each count of an offense, as well as maximum fines of $25,000.

Building a Strong Defense Against CSAM Charges

Defending against federal or state CSAM offenses requires an in-depth knowledge of digital forensics and other legal issues involved in these cases. At Craig M. Kadish & Associates, LLC, we can:

• Challenge the legality of searches and seizures, ensuring that our clients' Fourth Amendment rights are protected
• Raise reasonable doubt about whether our clients knowingly possessed or distributed CSAM
• Work with independent experts to review digital evidence
• Present mitigating factors to argue for reduced penalties when appropriate
• Take steps to prevent penalties such as sex offender registration whenever possible

Contact Our Parkville, MD Child Pornography Defense Lawyers

In a situation where you have been charged with a CSAM offense, your future and freedom are at stake. At Craig M. Kadish & Associates, LLC, we can help to protect you by advocating for your rights and developing a defense strategy to help you defend against a conviction or reduce the penalties that could affect your future. Contact our Parkville CSAM defense attorneys by calling 410-837-0020 to set up your free and confidential consultation.