Pikesville, MD Child Pornography Defense Lawyers

Attorneys for CSAM Possession, Distribution, Promotion, or Production Charges in Pikesville

Criminal cases involving child sexual abuse materials (CSAM), which is another term for child pornography, are among the most serious matters handled by the criminal justice system. People who are accused of these offenses could be prosecuted at the state or federal level, or both. A conviction can result in years of incarceration and multiple types of collateral consequences that could affect a person's employment, housing, and other areas of their life. The sex offender registration requirements that may apply in these cases can cause problems that may affect a person for many years or even for the rest of their life.

Because of the incredibly high stakes involved for those who are accused of child pornography offenses, anyone who has been charged with one of these offenses or learns that they are being investigated by law enforcement should act quickly to secure experienced legal representation. At Craig M. Kadish & Associates, LLC, we work with clients who have been accused of CSAM-related crimes. We have decades of legal experience in these cases, and we have defended hundreds of clients in both federal and state courts. By developing strategies that will fit the unique circumstances of each case, we work to ensure that our clients can achieve positive outcomes and minimize the consequences that could affect their lives.

Factors That May Affect CSAM Cases

There are numerous issues that may need to be addressed when determining the ideal defense strategies for a person who has been accused of a CSAM offense. Some of the factors that can influence the charges in a case, the potential penalties, and the possible outcome include:

• The materials that a person is accused of possessing or distributing, including any physical photographs or printouts, films or videotapes, or digital files
• The age of the minors depicted in materials that are alleged to be CSAM
• Whether a person is accused of possessing or accessing CSAM or whether they were allegedly involved in the production, distribution, or promotion of these materials
• Whether the defendant has any prior convictions for sex crimes, violent crimes, or other offenses that put the safety of children or other people at risk
• Whether CSAM was allegedly transmitted over the internet, transported through multiple states, or imported into the United States from another country

In many cases, each separate image or video will result in a count of a CSAM offense. This can lead to more serious penalties, with each count adding to the prison sentence that may apply upon conviction.

Federal Charges for Possession of CSAM

A person may face federal prosecution if they are accused of knowingly accessing CSAM using interstate means, such as the internet. For example, downloading files through peer-to-peer networks, saving images to a computer, or accessing CSAM online with the intent to view or store it could lead to federal charges for CSAM possession. Federal law does not define a mandatory minimum sentence for this offense, but a conviction could lead to a sentence as high as 10 years.

Federal Charges for Receipt or Distribution of CSAM

Federal prosecutors may pursue charges of CSAM distribution when files have allegedly been sent, downloaded, or shared online. For example, accusations of sharing files through online forums, file-sharing programs, or social media may lead to federal charges. Notably, federal law does not distinguish between the receipt and distribution of child pornography, so receiving files that have been distributed by others could lead to federal charges. In these cases, a mandatory minimum prison sentence of five years will apply, and the maximum sentence will typically be 20 years.

Federal Charges for Production of CSAM

The most serious CSAM-related offenses at the federal level involve the production of sexually explicit materials depicting minors. A person may be accused of this offense if they allegedly persuaded, coerced, employed, enticed, or otherwise used a child to engage in sexually explicit activities for the purpose of recording and producing a visual depiction of that conduct. Having minors assist in the production of child pornography or transporting minors through more than one state or country to do so could also lead to federal charges for CSAM production.

Examples of activities that could lead to prosecution for child pornography production include taking explicit photos of a child, directing explicit videos featuring a minor, encouraging a minor to create and send explicit images over the internet, or facilitating a situation where a child will be recorded as they engage in sexual conduct. These offenses carry a mandatory minimum prison sentence of 15 years, with a maximum of 30 years in most cases.

Child Pornography Charges Under Maryland Law

State-level charges related to CSAM can also be very serious. In general, Maryland law divides child pornography offenses into two categories:

• Possession of CSAM: This offense carries a maximum prison sentence of five years. It is a Tier I sex offense, and a conviction will usually require sex offender registration for 15 years.
• Promotion, Distribution, or Production of CSAM: These offenses carry a maximum prison sentence of 10 years. They are considered to be Tier II sex offenses, and a conviction will require sex offender registration for 25 years.

Potential Defense Strategies in CSAM Cases

With our experience representing clients who have been accused of CSAM offenses, we understand what strategies are most likely to be effective. We will closely examine the details of a case, the circumstances surrounding an arrest, the procedures followed during an investigation, and other factors to determine the most appropriate defense. Our strategies may include:

• Disputing Intent: CSAM charges may apply if a person intentionally viewed, accessed, or possessed these materials. We can take steps to demonstrate that there was no intent to access or view the materials in question.
• Disputing Knowledge of CSAM: A person can only be convicted of a CSAM offense if they knowingly possessed the materials in question. We can help clients show that they were unaware of materials that someone else had downloaded to a shared computer or stored on their property.
• Challenging Searches and Seizures: Law enforcement officials are usually required to obtain search warrants before searching a suspect's property or seizing their devices. If searches were performed without receiving the proper authorization, we can work to suppress any evidence officers obtained.
• Challenging Sentencing Enhancements: In federal CSAM cases, specific guidelines are used to determine the sentences that may apply following a conviction. We can take steps to prevent unnecessary sentence enhancements and advocate for a minimal sentence.
• Negotiating With Prosecutors: While we will work to dismiss cases when possible or fight to secure acquittals, we may also work with prosecutors to reach plea agreements that will reduce the charges against our clients, allow for shorter sentences, and avoid or minimize sex offender registration requirements.

Contact Our Pikesville, Maryland CSAM Charges Defense Attorneys

When a criminal case involves child sexual abuse materials, the penalties are likely to be serious. The factors involved in developing a defense strategy can be complex, so it is important to work with an attorney who knows how to develop a strong defense. Craig M. Kadish & Associates, LLC is here to provide representation for clients, and we have the experience needed to achieve successful outcomes. Contact our Pikesville child pornography defense lawyers at 410-837-0020 to arrange a free initial consultation.