Maryland Child Pornography Penalties

If you have been charged with the possession, distribution, or production of child pornography in the state of Maryland, or if you believe that you may be under investigation, contact a Maryland child pornography attorney with our firm today.

There are serious penalties associated with various child pornography charges in Maryland, and it is important to know what you may be facing if a criminal case arises.  The following is a very basic summary of some of the most common child pornography charges and penalties, as outlined by Maryland state law.

Maryland Child Pornography Charges

Depending on the circumstances of the crime, child pornography penalties can be prosecuted in state or federal court.  In either event, penalties can lead to years in jail and fines that can run into six figures. Usually, the investigation begins without suspects ever knowing one exists.  The moment anyone is arrested for these crimes, or is aware they are the target of an investigation, an experienced defense attorney should be consulted immediately.

Many state and federal cases have arisen due to the efforts of the Maryland/District of Columbia Internet Crimes against Children Task Force.  It comprises 35 law enforcement agencies from around the state, including the Maryland State Police’s Computer Crimes Division and the U.S. Department of Justice’s Office of Juvenile Justice and Delinquency Prevention (OJJDP).

Child Pornography Charges and Penalties

Possession of child pornography

[Maryland Code Section 11-208] involves possessing any visual representation of a child under the age of 16 years who is engaged in sexual conduct, any form of sadomasochistic abuse, or a state of sexual excitement.  Penalties include:

• Up to five years imprisonment and/or a fine of up to $2,500 for a first offense.

• Up to 10 years in prison and/or a fine as high as $10,000.

There are a couple of affirmative defenses to charges like these, however.  For example, if the suspect immediately took reasonable steps to destroy the images, or reported the matter to the police, it may reflect favorably upon his or her case.

Production or distribution of child pornography

[Maryland Code Section 11-207]. No one may knowingly:

• Be involved in soliciting, employing, or allowing a minor to engage in the production of any visual representation that shows them engaging in any sadomasochistic act or sexual conduct

• Create any visual representations (film, video, image) of the above-described acts, or use a computer to create, edit or store such representations

• Possess such pornographic representations with intent to promote or distribute them

Penalties for a first offense involve imprisonment of up to 10 years in prison and/or a fine of up to $25,000.  Subsequent convictions can bring a prison sentence of up to 20 years and a fine of up to $50,000 or both.

There may be additional underlying felonies to both of the above crimes that can increase fines and prison sentences. One of them can involve state kidnapping charges of a child under age 16.  This is a first-degree felony, and punishment can be as much as life in prison [Maryland Code Section 3-305(d)(1)].

Speak with a Maryland Defense Attorney Now

If you or a loved one have been accused of any of the aforementioned crimes, it is imperative that you seek legal assistance before making any legal decisions. An attorney who has experience dealing with child pornography charges and investigations can help guide you through the legal process. Call our law offices today and conduct your free legal consultation to learn more.