What constitutes sexually explicit images of a child?

Depending on whether you’re facing charges at the state level or the federal level, child porn may encompass sexually explicit images that depict a child under age 16 or anyone under age 18. These images can be in any format, including photos, videos, electronically stored files, printed materials, and undeveloped film. State law in Maryland defines such materials as including depictions of the child engaged in sexual conduct, in a state of sexual excitement, or as a victim of sadomasochistic abuse. Under federal law, sexually explicit images of a minor can include sexually suggestive images of a naked child, even if no actual sexual conduct is depicted. If you are being investigated for or have been charged with possession of sexually explicit images of a child, regardless of the format or content of these images, you need to retain legal defense counsel right away. An experienced Maryland possession of sexually explicit images of a child lawyer can ensure you’re taking the right steps to protect your legal rights from the start and analyze the facts of the case, including the content of the images in question, to prepare a strong defense.

What should I do if I’ve accidentally accessed sexually explicit images of a child?

Generally, a conviction of possessing child pornography requires the possession of sexually explicit images of a child to be knowing and intentional. It’s unfortunately not uncommon to accidentally access, view, or download such materials online, especially when opening files from an unknown sender or using the internet to legally view sexually explicit images that depict adults. When such unintentional viewing and possession of child pornography occurs, you need to take the right steps to ensure you are acting in accordance with the law. State law in Maryland (Section 11-208 of the Criminal Law Article) establishes as an affirmative defense to child porn charges that you took reasonable steps to destroy the materials and reported the materials to a law enforcement agency. Given the sensitive nature of child pornography matters, it’s a wise move to also consult experienced possession of sexually explicit images of children attorneys in Glen Burnie, MD. We can help ensure that your rights are protected and that the actions you take represent good faith adherence to the law.

What are the defenses against charges of possession of sexually explicit images of a child?

There are different defenses that your Maryland possession of sexually explicit images of a child lawyer could potentially employ to minimize the impact of this serious charge on your life. These approaches could include: Arguing that your possession of the materials was unintentional and that the prosecution fails to establish otherwise Establishing that the charges arose out of misunderstandings, such as others’ possession of sexually explicit images on a shared computer or device Suppressing evidence against you that was improperly obtained Otherwise highlighting any weaknesses in the prosecution’s case against you that result in a failure to prove your guilt beyond a reasonable doubt Introducing any mitigating factors to negotiate or push for reduced charges or sentences It takes extensive legal knowledge and detailed familiarity with the unique facts of your case to develop the most promising defense strategy, which is why you should retain legal counsel as early as possible.

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Possession of Sexually Explicit Images of Children Attorneys in Glen Burnie, MD Offers Skilled Defense and Compassionate Service for Clients in Anne Arundel County, Baltimore County, Montgomery County, and Throughout Maryland

Having sexually explicit images of a child in your possession is a serious legal matter. This offense violates both state law in Maryland and federal law, which means you could face criminal charges at both the state and the federal level. If you have been accused of this sex crime, you need the advice of an experienced Maryland possession of sexually explicit images of a child lawyer from the beginning. Our careful preservation of your rights, thorough investigation of the facts, and strategic development of your legal defense are essential for obtaining a more positive outcome to the criminal case against you.

Maronick Law LLC’s possession of sexually explicit images of children attorneys in Glen Burnie, MD, are known statewide for our commitment to our clients. Let us guide your legal defense strategy, beginning with a free consultation. Contact us today for skilled representation.

Possession of Sexually Explicit Images of a Child Charges in Maryland

The terms “child pornography” and “sexually explicit images of a child” are sometimes used interchangeably. Possession of any form of sexually explicit image of a child can amount to serious criminal charges.

State Charges for Possession of Sexually Explicit Images of a Child in Maryland

Section 11-208 of the Maryland Criminal Law Article establishes as a crime the intentional possession, accessing, viewing, and retention of materials that visually depict a child under 16 years of age in any of the following activities:

Engaging in sexual conduct of any kind
In a state of sexual excitement
As the subject of sadomasochistic abuse

Accusations of possessing any such materials could lead to misdemeanor charges punishable by up to five years of imprisonment for a first offense. For repeat offenders, possession of sexually explicit images of a child in Maryland is a felony punishable by up to 10 years in prison.

Federal Charges for Possessing Sexually Explicit Images of a Child

Federal law, under Section 2256 of Title 18 of the United States Code, identifies as child pornography any visual depiction of sexually explicit conduct that involves someone under the age of 18.

Per the U.S. Department of Justice, sexually explicit images of children can include any of the following:

Photos
Videos
Computer-generated images indistinguishable from an actual minor
Digital images indistinguishable from a minor
Modified images that appear to depict an identifiable minor
Electronically stored data
Undeveloped film or videotape

Federal law not only broadens the scope of what’s considered sexually explicit conduct of a child to include minors between the ages of 16 and 18 but also establishes that such conduct isn’t limited to depictions of actual sexual activity. A sexually suggestive photo of a naked child could constitute sexually explicit images under federal laws, even if the child is not engaged in sexual activity of any kind, as the Department of Justice clarified.

If convicted of a federal charge of possession of sexually explicit images depicting a minor age 12 or older, you could be sentenced to up to 10 years of imprisonment, up to $250,000 in fines, and lifetime supervised release. In the case that the child depicted in the explicit materials is under 12 years of age, the penalties could include up to 20 years of jail time, up to $250,000 in fines, and lifetime supervised release.

How Maronick Law LLC Can Help

Whether you’re facing charges at the state level, the federal level, or both, your next step needs to be retaining skilled legal counsel. A Maryland possession of sexually explicit images of a child lawyer at Maronick Law LLC can step in to advocate for your rights and begin crafting the strong defense you need to attain the most favorable outcome possible.

Our approach to defending clients charged with child porn possession includes:

Analyzing all of the facts of your case
Gathering all evidence that supports your defense
Representing you in all criminal law proceedings, not just the trial itself
Developing the strongest possible defense personalized to your unique circumstances
Exploring all avenues for resolving your case in a way that is beneficial to you
Providing trusted legal advice throughout your case
Protecting your rights at every stage of the legal process

The goal of our possession of sexually explicit images of children attorneys in Glen Burnie, MD, is always to secure the best results for our clients. Depending on the circumstances, this outcome could potentially involve getting charges dropped or reduced, having improperly obtained evidence suppressed, negotiating a plea deal, or presenting a robust defense at trial. While every case is unique, all defendants charged with this crime can benefit from the guidance of an experienced Maryland possession of sexually explicit images of a child lawyer who is dedicated to protecting their rights.

Why Choose Maronick Law LLC?

When you’ve been accused of any kind of possession of sexually explicit images of a child, your legal representation can have a big impact on the outcome of your case. Don’t underestimate the consequences you could be facing for “just” having illicit materials in your possession. Your freedom is on the line, and you need a dedicated, experienced Maryland possession of sexually explicit images of a child lawyer to fight to protect it.

Find out why defendants statewide choose Maronick Law LLC when faced with such serious charges as child pornography possession.

Highly Experienced

Our possession of sexually explicit images of children attorneys in Glen Burnie, MD, have over 80 years of combined legal experience. That means decades of practice developing effective defense strategies and overcoming obstacles for clients in circumstances similar to yours.

Committed to Your Best Interests

Our proven track record of attaining the most positive outcomes possible demonstrates our tireless commitment to our clients. This isn’t just a legal matter. Your entire future is at stake. That recognition guides our approach to your case and every move we make.

Convenient and Always Available

Maronick Law LLC makes getting skilled legal assistance as simple as possible. With 24/7 availability and multiple office locations throughout Maryland, our goal is to ensure you can retain the help you need at your convenience.

Contact a Maryland Possession of Sexually Explicit Images of a Child Lawyer at Maronick Law LLC Today for a Free Consultation

A single file on your computer could expose you to serious criminal charges and, if you’re convicted, life-changing sentences. You need quality legal representation from a reputable law firm right away.

For help from experienced possession of sexually explicit images of children attorneys in Glen Burnie, MD, contact Maronick Law LLC online or call us today.

Frequently Asked Questions About Possession of Sexually Explicit Images of a Child Charges in Maryland

Depending on whether you’re facing charges at the state level or the federal level, child porn may encompass sexually explicit images that depict a child under age 16 or anyone under age 18. These images can be in any format, including photos, videos, electronically stored files, printed materials, and undeveloped film.
State law in Maryland defines such materials as including depictions of the child engaged in sexual conduct, in a state of sexual excitement, or as a victim of sadomasochistic abuse. Under federal law, sexually explicit images of a minor can include sexually suggestive images of a naked child, even if no actual sexual conduct is depicted.
If you are being investigated for or have been charged with possession of sexually explicit images of a child, regardless of the format or content of these images, you need to retain legal defense counsel right away. An experienced Maryland possession of sexually explicit images of a child lawyer can ensure you’re taking the right steps to protect your legal rights from the start and analyze the facts of the case, including the content of the images in question, to prepare a strong defense.
If you are convicted on a charge of possession of sexually explicit images of a child in Maryland, you may be required to register as a sex offender. Section 11-701 of the Maryland Criminal Procedure Article establishes that convictions for possessing sexually explicit images of a child constitute Tier I sex offender status, which generally requires you to be on the sex offender registry for at least 15 years.
Generally, a conviction of possessing child pornography requires the possession of sexually explicit images of a child to be knowing and intentional. It’s unfortunately not uncommon to accidentally access, view, or download such materials online, especially when opening files from an unknown sender or using the internet to legally view sexually explicit images that depict adults. When such unintentional viewing and possession of child pornography occurs, you need to take the right steps to ensure you are acting in accordance with the law.
State law in Maryland (Section 11-208 of the Criminal Law Article) establishes as an affirmative defense to child porn charges that you took reasonable steps to destroy the materials and reported the materials to a law enforcement agency. Given the sensitive nature of child pornography matters, it’s a wise move to also consult experienced possession of sexually explicit images of children attorneys in Glen Burnie, MD. We can help ensure that your rights are protected and that the actions you take represent good faith adherence to the law.
There are different defenses that your Maryland possession of sexually explicit images of a child lawyer could potentially employ to minimize the impact of this serious charge on your life. These approaches could include:
Arguing that your possession of the materials was unintentional and that the prosecution fails to establish otherwise
Establishing that the charges arose out of misunderstandings, such as others’ possession of sexually explicit images on a shared computer or device
Suppressing evidence against you that was improperly obtained
Otherwise highlighting any weaknesses in the prosecution’s case against you that result in a failure to prove your guilt beyond a reasonable doubt
Introducing any mitigating factors to negotiate or push for reduced charges or sentences
It takes extensive legal knowledge and detailed familiarity with the unique facts of your case to develop the most promising defense strategy, which is why you should retain legal counsel as early as possible.