Distribution And Possession Of Child Pornography In Maryland Montgomery Attorney

Under Maryland law, it is illegal to be involved in the making, distribution or possession of child pornography. Code section 11-208 sets out these laws. Distributing and possessing child pornography in Maryland is a serious crime. Child pornography penalties can be enforced in state court or federal court.

Anyone under the age of 16 is considered a child. Code section 11-208 prohibits the distribution and possession of child pornography. The possession and distribution of any visual representation of a minor under the age of 16 engaged in any sadomasochistic abuse or sexual conduct is illegal under Maryland law. A person may not knowingly possess any film, video, photograph or other visual representation of a child under the age of 16 as a subject of any sexual conduct. The law also prohibits a minor engaged as a subject of sadomasochistic abuse, engaged in any sexual conduct or in a state of sexual excitement. If you are a parent and possess visual representation of your child in the nude then it does not violate code section 11-208 and cannot be punished for it. However it is illegal and the act is punishable in a court of law if a parent possesses visual representations which show the child engaged as a subject of sadomasochistic abuse, engaged in any sexual conduct or in a state of sexual excitement.

A person who violates this section is guilty to a felony. On conviction, a person who has violated this section is subject to a maximum conviction of 5 years or a fine of up to $2,500 or both. If a person has previously been convicted of distributing and possessing child pornography and has continued to violate this section on conviction they are subject to a maximum of imprisonment 10 years or a fine not exceeding $10,000 or both.

If a person is convicted of distributing and possessing child pornography then they are registered as a Tier 1 registered sex offender in Maryland. They will then remain on the registry for 15 years. Other sex crimes or multiple convictions can get a person on the sex offender registry for life. Being convicted for the distribution and possession of child pornography can affect a person in the long term. Because they will be registered as a sex offender, it might prevent a person from seeking employment, finding an apartment to rent or obtain credit.

In Maryland these laws do not apply to a person if they have jurisdiction for the possession or distribution of the prohibited child porn materials, to use them for any scientific, educational, governmental, artistic or news purpose. A person may not be subject to these punishments and may not be convicted for child pornography.

There are affirmative defenses which can be used if a person is convicted of the distribution and possession of child pornography. A lawyer can display to the court that a person promptly and in good faith that the defendant took respectable measures to destroy the child pornography or reported the matter to the police.

If you need a Maryland child pornography lawyer to help you with your child pornography case in Maryland, call us at 888-437-7747. Our Maryland child pornography attorneys can help you.

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