What Constitutes Child Pornography?
Child pornography is a serious sex crime codified in Maryland Code § 11-207. A person commits a child pornography offense when they:
- Cause, induce, solicit, or knowingly allow a minor to engage as a subject in the production of obscene matter or a visual representation or performance that depicts a minor engaged as a subject in sadomasochistic abuse or sexual conduct.
- Photograph or film a minor engaging in an obscene act, sadomasochistic abuse, or sexual conduct.
- Use a computer to depict or describe a minor engaging in an obscene act, sadomasochistic abuse, or sexual conduct.
- Knowingly promote, advertise, solicit, distribute, or possess with the intent to distribute any matter, visual representation, or performance.
- Use a computer to knowingly disseminate any descriptive or identifying information for the purpose of engaging in, facilitating, encouraging, offering, or soliciting unlawful sadomasochistic abuse or sexual conduct of or with a minor.
Types of Child Pornography Offenses
There are two primary types of child pornography offenses in Maryland, including:
- Possession of child sexual abuse materials (CSAM): Under Maryland Code § 11-208, it’s illegal to knowingly possess any obscene matter or a visual representation of a minor engaged in sexual conduct.
- Dissemination of child sexual abuse materials (CSAM): Under Maryland Code § 11-207, it’s illegal to distribute, produce, or traffic any obscene matter or visual representation of a minor engaged in sexual conduct.
Penalties for a Child Pornography Conviction
Child pornography charges can result in severe criminal penalties if convicted. These include:
- Up to 10 years in prison and $25,000 in fines for first-time offenders.
- Up to 20 years in prison and $50,000 in fines for subsequent offenses.
Child Pornography & Sex Offender Registration
If convicted of child pornography, defendants will be required to register as a sex offender. Failure to comply with mandatory registration requirements can result in additional criminal charges and penalties. Although the registry requirements can vary based on the offense, obligations generally include:
- Reporting to law enforcement regularly.
- Providing personal information and photographs.
- Restrictions on where you can live and work.
- Prohibitions against contact with minors.
In addition to extensive imprisonment and fines, offenders can also struggle to find employment and housing as a convicted sex offender, not to mention the consequences in their personal lives due to societal stigma, such as in dating and relationships. If you’ve been accused of any sex offense involving a minor, securing a robust defense from a qualified attorney is essential to protect your rights and reputation.
Defending Against Child Pornography Charges
As you can tell, a conviction for child pornography carries life-altering consequences, even for first-time offenders. Building a well-fortified defense is imperative to protect against reputational damage and defend your freedom.
Common defense strategies against the possession or dissemination of child pornography include:
- Lack of intent: This defense can be effective in cases where the individual lacked criminal intent, such as those who were unaware they were in possession of illegal materials and had no intent to distribute them.
- False allegations: If you were falsely accused or framed for a child pornography offense, our attorneys can fight tirelessly to protect your reputation, dismiss any inadmissible evidence from your case, and establish your innocence in criminal court.
- Illegal search and seizure: This defense can be a strategic decision in cases involving violations of your constitutional rights. If law enforcement obtained evidence for your arrest without a valid warrant or probable cause, our firm can fight to get the charges dropped or reduced.
Remember, seeking sound counsel from an experienced defense lawyer is paramount to establishing a strong defense. Your attorney can apply their in-depth understanding of criminal law to determine which legal strategy will be most effective to employ in your case.
Aggressively Defending the Accused Since 2009
At MacDonald Law Office, LLC, our criminal defense attorneys have over 15 years of experience defending the accused in Salisbury and beyond. From DUI defense to shoplifting to drug crimes, our lawyers have a comprehensive understanding of Maryland law to protect your freedom and future. We understand that even normally law-abiding citizens make mistakes, which is why we’re committed to pursuing the best possible outcome on your behalf. From fortifying your case with relevant evidence to negotiating effectively with other involved parties, you can trust us to guide your legal steps with wisdom and care in criminal court.
Arrested in Salisbury? Our highly skilled defense attorneys can provide the robust defense you deserve. Call (410) 348-7809 to schedule a free case evaluation.
