Timonium CSAM Crimes Defense Attorneys

Lawyers for Charges Related to Child Sexual Abuse Materials in Timonium, Maryland

Some of the most serious accusations a person can face involve sex crimes. When these offenses involve children, law enforcement officials and prosecutors are likely to take an aggressive approach when conducting investigations, performing arrests, and prosecuting defendants. When charges involve child sexual abuse materials (CSAM), a defendant may be at risk of being sentenced to prison for a long period of time, as well as other long-term consequences.

Defending against these charges will require knowledge of the applicable laws and experience in both federal and state cases. The team at Craig M. Kadish & Associates, LLC has the experience needed to provide effective representation for clients in Timonium who are facing allegations of CSAM possession, distribution, production, or promotion. We have helped numerous clients address and defend against these types of charges. We have been recognized as leaders in this field who educate other attorneys about the applicable laws and the most effective defense strategies.

How CSAM Is Defined

Maryland Law: Under Md. Code, Crim. Law § 11-208, CSAM may include visual depictions of minors (children younger than 16 years of age) who are engaging in sexual conduct. This conduct may include sex acts, depictions of nudity or children in states of sexual arousal, or sadomasochistic activities. Visual depictions may include:

• Photographs and videos, including printed photos, videotapes, or films
• Digital images or video files stored on computer systems, external drives, or online accounts
• Images generated using AI or other types of computer software depicting actual minors who can be identified

Federal Law: Federal statutes under 18 U.S.C. Section 2251 and 2252 define CSAM similarly, including any visual depiction of a minor engaged in sexually explicit conduct. Notably, federal law prohibits child pornography that depicts minors under the age of 18. Federal charges may apply in situations where CSAM is transported or distributed in multiple states or countries, making federal prosecution more likely in cases involving materials that were accessed or distributed online.

Examples of Situations That Could Lead to CSAM Charges

A person may face criminal charges based on multiple types of accusations related to child pornography, including:

• Possession: Charges may be based on activities such as downloading or storing CSAM on a computer, smartphone, or external storage device.
• Distribution or Promotion: Sharing CSAM through email, messaging apps, or social media platforms or uploading CSAM to websites or online forums may lead to criminal charges.
• Production: Any use of a minor to engage in sexually explicit conduct for the purpose of recording or photographing it may lead to charges related to the CSAM production. These offenses may also involve having a minor assist in producing CSAM, transporting a minor for the purpose of creating CSAM, or sharing a minor's identifying information online to facilitate the production of CSAM.

The Importance of Early Legal Representation

From the first moment a person learns that they are being investigated for a CSAM offense, an attorney can provide the legal help needed to defend against a conviction. In many cases, law enforcement officials will take steps to begin gathering information before they perform an arrest. They may track a person's online activities or use other types of surveillance. Often, the first indication of impending criminal charges will involve the seizure of a person's devices. In these situations, speaking to an attorney immediately can help ensure that a person's rights will be protected.

Our lawyers can also help ensure that a person will be able to avoid self-incrimination. In these situations, a person may be tempted to speak to police about their case, either by answering what may seem like simple questions or providing explanations that they believe will show that they are innocent. A person should NEVER speak to police without having an attorney present. After an arrest or in any situation where police officers ask questions, a person should invoke their right to remain silent and contact us for legal help.

Potential Penalties for CSAM Offenses

When accusations related to CSAM lead to state-level charges, a person could be charged with possession, distribution, promotion, or production of child pornography. Possession of CSAM carries a potential sentence of five years in prison. A conviction for production, distribution, or promotion of CSAM may lead to a sentence of up to 10 years. Penalties may apply for each count of an offense, and cases involving multiple images, videos, or digital files may lead to longer sentences.

In federal CSAM cases, the penalties will often be more severe. Charges of CSAM possession carry a maximum sentence of 10 years, with no mandatory minimum sentence. Distribution or receipt of CSAM carries a minimum sentence of five years, with the possibility of up to 20 years. Charges related to CSAM production are especially serious, with potential sentences ranging from 15 to 30 years.

The sentences that apply in federal CSAM cases are more likely to be harsh due to the federal guidelines used during sentencing. When judges use these guidelines without a full consideration of a defendant's circumstances, they will be more likely to impose sentences that are close to the maximum. This is because the guidelines include multiple types of enhancements, with many enhancements applying to virtually every case. For example, a person's sentence may increase because they allegedly used a computer during a CSAM offense, which is a factor that is likely to be true for nearly every defendant.

The team at Craig M. Kadish & Associates, LLC is well-versed in the United States Sentencing Guidelines, and we can take steps to reduce the penalties that may apply following a conviction. We work to provide judges with an understanding of the factors involved in a case and the appropriate use of the guidelines. Through our advocacy, we have helped numerous clients receive reduced sentences while also minimizing other penalties.

Strategies for Defending Against Child Pornography Offenses

To address state or federal CSAM charges, our lawyers may use a variety of methods, including:

• Working with digital forensic experts to review the evidence and determine whether it is valid or whether there may be alternative explanations
• Arguing that our client was unaware of the materials involved in a case or did not intentionally access or retain CSAM
• Challenging the legality of searches and seizures and taking steps to suppress evidence that was obtained by law enforcement through violations of a person's Fourth Amendment rights
• Negotiating plea agreements when necessary, working to secure a dismissal, reduce the charges, or obtain minimal penalties

Contact Our Timonium, MD Child Pornography Defense Lawyers

Whether you have been accused of possessing CSAM, distributing child pornography online or offline, or other offenses related to these types of materials, Craig M. Kadish & Associates, LLC can provide the defense you need. With our knowledge, skills, and experience, we can help you take steps to resolve your case and avoid long-term penalties that could affect your future. Reach out to our Timonium CSAM crimes attorneys and schedule a free, confidential consultation by calling 410-837-0020.