Bethesda Child Pornography Lawyer
Moreso than almost any other type of criminal offense, allegations that you possessed, produced, or distributed child pornography can have a devastating impact on your personal and professional life. Furthermore, if you are convicted on charges of this nature, you will inevitably face felony-level sanctions that may include steep fines, years in prison, mandatory sex offender registration, and a permanent felony record.
Needless to say, taking prompt and proactive legal action in response to child porn charges can be vital to protecting your best interests, as can retaining a sex crimes attorney with experience handling these uniquely sensitive cases. If you are dealing with any charges along these lines or suspect you may be charged soon, contacting a Bethesda child pornography lawyer should be your top priority.
What Constitutes Child Pornography Under State Law?
As defined in Maryland Code, Criminal Law §11-208, child pornography is any visual representation—whether film, videotape, or photograph—depicting either an actual child under 16 years old or a computer-created image “indistinguishable from an actual and identifiable child” that is:
- Engaged in sexual conduct
- Being subjected to sadomasochistic abuse
- In a state of sexual excitement
Notably, though, materials that expressly do not qualify as depictions “indistinguishable from an actual child” under this statute includes:
- Drawings
- Paintings
- Sculptures
- Cartoons
Furthermore, this statute does not prohibit a child’s parent from possessing photos or videos of their child in the nude unless those depictions show the child sexually excited and engaged in sexual conduct or being put through sadomasochistic abuse. A seasoned Bethesda child pornography attorney could discuss these definitions in further detail as needed during a confidential consultation.
Child Pornography Offenses in Bethesda
MD Code, CL §11-208 defines knowingly possessing and intentionally retaining child pornography without any prior convictions under the same statute as a misdemeanor punishable by a maximum five-year term of imprisonment and/or $2,500 maximum fine. Second and subsequent convictions will be prosecuted as felony-level offenses punishable by 10 years and/or $10,000 in fines maximum. Conviction under this statute will also result in the defendant becoming a Tier I sex offender in the state of Maryland regardless of their criminal history.
As per MD Code, CL §11-207, a first-time offender convicted of knowingly soliciting or allowing a child to participate in the creation of child pornography, actually creating such material, or possessing child pornography with intent to distribute may face felony-level consequences of up to 10 years’ imprisonment and/or $25,000 in fines, as well as mandatory registration as a Tier II sex offender. Maximum sanctions for repeat offenders under this statute may include 20 years in prison and/or $50,000 in fines, and potentially lifetime sex offender registration.
It should be noted that someone who—upon realizing they have come into possession of child pornography—immediately reports the material to law enforcement and takes reasonable steps to destroy the material may use those actions as an affirmative defense against prosecution for child porn possession under MD Code, CL §11-208. A qualified child pornography lawyer in Bethesda could discuss this and other possible defense strategies on a case-by-case basis.
Speak with a Bethesda Child Pornography Attorney About Your Legal Options
Child porn charges can be exceptionally challenging to move past in a productive manner, especially if you have been prosecuted for offenses along the same lines before. Either way, support from capable legal representation could be crucial to ensuring your rights are respected and interests are advocated for throughout your legal proceedings.
A Bethesda child pornography lawyer could work diligently from start to finish of your case to pursue an optimal final outcome. Call today to schedule a meeting.