Rockville, MD CSAM Defense Attorneys

Lawyers for Federal or State Child Pornography Charges in Rockville

When you have been accused of a criminal offense involving child pornography, this is an extremely serious matter. The consequences of a conviction can be devastating, affecting you for many years or even the rest of your life. Charges related to child sexual abuse materials (CSAM) can result in long prison sentences, steep fines, and sex offender registration. Even after completing a prison sentence, you may face severe limitations on your employment, housing, and many other aspects of your daily life. You will need to determine what steps you can take to avoid or minimize these penalties.

Legal representation is crucial when defending against child pornography charges. By reaching out to the attorneys at Craig M. Kadish & Associates, LLC right away, you can take steps to mitigate the charges, avoid doing anything that could harm your case, and defend against a conviction. We have many years of experience defending clients against CSAM allegations, and we will work to resolve your case successfully, whether that means fighting for an acquittal or dismissal or negotiating with prosecutors to reduce the charges against you and minimize the penalties you may face.

What May Be Classified as Child Sexual Abuse Material?

Child pornography typically consists of visual depictions of minors engaging in sexually explicit conduct. Under Maryland law, depictions of minors under the age of 16 may be classified as child pornography if a child is engaging in sexual intercourse, other sexual acts, sadomasochism, or is in a state of sexual excitement. Under federal law, CSAM may include depictions of children under the age of 18 who are engaging in sexually explicit activities. Examples of CSAM may include:

• Photographs or films depicting minors while they are engaging in sexual acts, including depictions of nudity with the intent of eliciting sexual arousal
• Digital media, including images or video files, stored on computers or other electronic devices
• Sexually explicit images of real, identifiable children that were generated using computer software, including images that have been altered to depict nudity or sexual activity

A wide range of materials, from actual photographs to AI-generated videos, can be classified as CSAM.

Situations That May Lead to Criminal Charges Involving CSAM

A person can be arrested and charged with CSAM-related offenses based on a variety of allegations, including:

• Possessing CSAM: If you are accused of knowingly accessing, holding, storing, or retaining images or videos of children engaging in sexually explicit conduct, you may face charges of child pornography possession.
• Downloading or Sharing CSAM: If you are accused of downloading CSAM from the internet, sharing it through online networks or social media platforms, or distributing it to others in any other way, you may be charged with offenses involving the distribution or promotion of CSAM.
• Producing CSAM: If you are accused of producing or creating CSAM, including by persuading or coercing a minor to engage in sexually explicit conduct for the purpose of recording it, you may face CSAM production charges.

Law enforcement officials may use advanced digital forensics to track down CSAM. If police officers or other law enforcement officials have seized your computer, phone, external drives, or other devices, they most likely have a strong suspicion that you have committed a CSAM offense. You should speak to our attorneys right away to determine how to proceed in this situation.

What to Do if You Are Arrested or Under Investigation for CSAM

If you are arrested or learn that you are under investigation for CSAM offenses, it is crucial to take the following steps:

• Do Not Speak to Law Enforcement: You have the right to remain silent. Do not make any statements, answer any questions, or attempt to provide any explanations to law enforcement without first speaking to an attorney. Anything you say could be used against you in a criminal prosecution. Anything you say, including what may seem like reasonable explanations, will likely be treated as a confession.
• Request an Attorney Immediately: As soon as you are aware that you are being investigated, you should speak to our lawyers. If you are arrested, tell police that you will not answer any questions and that you want to speak to an attorney immediately. Our lawyers will take action to ensure that your constitutional rights will be respected, and we will provide you with guidance on the best course of action to take as you defend against criminal charges.
• Do Not Attempt to Alter or Destroy Evidence: If your devices have been seized, do not attempt to erase, hide, or alter digital files, including anything that is stored in the cloud or accessible online. Interfering with evidence can lead to additional charges. Your attorney will take steps to address any issues related to evidence, ensure that the proper procedures are followed, and mitigate the evidence that could be used against you.

Federal and State Charges and Penalties for CSAM Offenses

When you are arrested for a CSAM-related crime, you could be charged at the federal or state levels, or both. Federal charges may include:

• Child Pornography Possession: A conviction for this offense can result in up to 10 years in prison. While federal law does not provide a minimum sentence, many people who are convicted are sentenced to between eight and 10 years due to the use of the federal sentencing guidelines.
• Child Pornography Distribution or Receipt: These offenses may apply if you have been accused of distributing CSAM via the internet or receiving CSAM that was transported or transmitted across state lines. The mandatory minimum sentence for a conviction is five years in prison, and the maximum sentence is 20 years.
• Child Pornography Production: These offenses are the most serious federal charges related to CSAM. A conviction carries a mandatory minimum of 15 years in prison, and the maximum sentence may be as high as 30 years.

The sentences that apply for federal CSAM convictions are typically based on the United States Sentencing Guidelines (U.S.S.G.). The use of these guidelines can lead to harsh penalties, since enhancements may be used to increase the number of years in a sentence. These enhancements may address factors like the number of images of CSAM or even the use of a computer. Our lawyers know how to address these guidelines and advocate for minimal sentences.

Child pornography offenses that may be prosecuted at the state level include:

• CSAM Possession: In Maryland, a conviction for this offense may result in up to five years in prison, and each individual count may add to the sentence. A conviction will also result in Tier I sex offender registration for 15 years.
• CSAM Distribution, Promotion, or Production: These offenses may result in penalties of up to 10 years in prison per count. A conviction will also result in registration as a Tier II sex offender for 25 years.

Contact Our Rockville, Maryland Child Pornography Defense Lawyers

The consequences of a child pornography charge can be severe. At Craig M. Kadish & Associates, LLC, we can help you mitigate these consequences by protecting your rights and developing a successful defense strategy. With decades of legal experience defending clients charged with CSAM offenses and other sex crimes, we have the skills needed to help you succeed. Schedule a free consultation with our Rockville CSAM attorneys by contacting us at 410-837-0020.