Westminster, MD CSAM Offenses Attorneys

Lawyers for Child Pornography Charges in Westminster

People who face criminal charges will often be uncertain of their rights and the steps they can take to defend themselves. This is especially true in cases involving child pornography. A person may not know how to respond to accusations that they have possessed or accessed child sexual abuse materials (CSAM), distributed these materials, or produced child pornography. Because of the severe penalties that may apply in these cases, an effective defense strategy will be crucial. An attorney with the necessary experience can make sure CSAM allegations will be addressed correctly.

The lawyers at Craig M. Kadish & Associates, LLC can assist people in Westminster, Maryland who have been accused of possessing, distributing, producing, or promoting CSAM. We have a comprehensive knowledge and understanding of the laws and legal issues that play a role in these cases. We have defended clients against CSAM charges in both state and federal courts, helping them take steps to avoid convictions or secure reduced charges or penalties. Due to our unparalleled level of achievement in these matters, we educate other lawyers about CSAM defense, and we are available to consult with other attorneys in cases throughout the United States.

Possession of CSAM in Maryland

A person may be charged with the possession of child pornography if they are accused of knowingly acquiring, accessing, or retaining CSAM. Maryland law defines child pornography as visual depictions of minors younger than 16 years of age in which these minors are in states of sexual excitement, participating in sexual conduct, or involved in sadomasochistic abuse. Examples of situations that can lead to CSAM possession charges include:

• A person may be accused of downloading image or video files from the internet featuring minors engaging in sexually explicit conduct.
• A person may be accused of storing CSAM files on a digital device such as a computer, tablet, smartphone, flash drive, or external hard drive.
• A person may be accused of accessing CSAM by browsing "dark web" sites, viewing public or private forums, or receiving email attachments.
• A person may be accused of possessing one or more photographs, films, or videotapes depicting children engaging in sexual activity.
• A person may be accused of accessing digital files generated through AI or other tools that appear to depict actual, identifiable children, including photos or videos that have been manipulated to depict minors in a sexually explicit manner.

The penalties under Maryland law (Maryland Code, Crim. Law Section 11-208) for the possession of CSAM include a maximum prison sentence of five years. Each image may lead to a separate count of child pornography possession. The penalties for a conviction may apply for each count, which may add up to a very lengthy sentence.

In addition to a prison sentence and other penalties, a person who is convicted of CSAM possession will most likely be subject to sex offender registration requirements. Possession of CSAM is a Tier I offense, and following a conviction, a person will be required to register with law enforcement every six months for 15 years. Our lawyers may be able to help certain clients avoid sex offender registration or reduce the amount of time during which registration will be required. Learn more about these options by consulting with us.

Distribution, Promotion, and Production of CSAM

Child pornography charges can result in more severe penalties when a person is accused of sharing, promoting, or creating CSAM. Examples of situations that may lead to these charges include:

• Distribution: A person may be accused of sharing images or videos with others via websites, email, social media, file-sharing networks, or physically exchanging copies of photographs or films.
• Promotion: A person may be accused of advertising CSAM online, describing or depicting CSAM with a computer, or otherwise promoting CSAM.
• Production: A person may be accused of allowing a minor to engage in sexual activity for the purpose of creating CSAM, directly photographing or filming children as they engage in sexual conduct, or sharing identifying details about a minor online to encourage the creation of CSAM.

The penalties under Maryland law (Maryland Code, Crim. Law Section 11-207) for offenses involving the promotion, distribution, or production of CSAM include a maximum prison sentence of 10 years. As with CSAM possession, separate charges for each count of an offense may lead to extended sentences. Because these offenses are classified as Tier II sex offenses, sex offender registration for 25 years will be required following a conviction.

Federal CSAM Charges

In some CSAM cases, defendants may face prosecution in federal courts. Federal authorities may investigate and prosecute CSAM offenses based on activities that took place in multiple states, the distribution of CSAM over the internet, or other situations involving violations of federal laws. Federal charges may include:

• CSAM Possession: The penalties for a conviction on federal charges may include up to 10 years in prison. While mandatory minimum sentences will not apply in these cases, federal sentencing guidelines will often recommend sentences as high as eight to 10 years. Our lawyers know how to defend against the use of these guidelines and advocate for lower sentences.
• CSAM Receipt or Distribution: The same penalties may apply for people who are accused of receiving child pornography and those who are accused of distributing CSAM. In these cases, a mandatory minimum sentence of five years will apply upon conviction, and a person may face a maximum of 20 years in prison.
• CSAM Production: Offenses involving the use of a child to create sexually explicit materials, including transportation of children across state lines for these purposes, can lead to mandatory minimum sentences of 15 years and maximum sentences of 30 years.

Legal Help in Westminster Child Pornography Cases

Defending against CSAM charges requires experience, knowledge of the factors that may play a role in these cases, the ability to review complex digital evidence, and an understanding of the applicable laws. At Craig M. Kadish & Associates, LLC, we work with clients to address CSAM accusations by:

• Reviewing evidence collected by investigators, including digital evidence or devices that have been seized, to determine mitigating strategies
• Developing appropriate defenses based on the facts of a case, which may include demonstrating that our client had no knowledge of CSAM or did not intend to access or possess unlawful materials
• Addressing violations of our client's rights, such as unlawful searches performed by police officers
• Negotiating with prosecutors to reduce charges or secure reduced penalties, including taking steps to avoid sex offender registration
• Advocating for clients in both Maryland state courts and federal courts

Contact Our Westminster, Maryland Child Pornography Defense Lawyers

The team at Craig M. Kadish & Associates, LLC has the experience and resources to handle complex CSAM cases in both state and federal courts. With our extensive experience in these cases and our record of success when defending clients, we can provide the effective legal representation you need. Contact our Westminster CSAM defense attorneys and schedule your free consultation by calling 410-837-0020.