Under federal law, child pornography is defined as any visual depiction such as images, videos, films or computer-generated animations of sexually explicit content involving an individual under the age of 18. Sexually explicit conduct includes a wide array of things which include but are not limited to sexual intercourse, masturbation, and sadistic or masochistic abuse. It is a violation of federal law to create, possess or distribute child pornography. In order for the latter to become a federal offense, it must be distributed in a way that affected interstate and foreign commerce, which can be through a postal service, the internet or a computer or any other device that has crossed state or international border. It is worth noting that distribution of child pornography online does not have to be done across a state or international borders for it to be considered affecting interstate and foreign commerce and in turn be considered a federal offense.
Individuals convicted a second time of illicit pornography of minors in federal court will face a potential jail sentence of up to 20 years and a fine of up to $50,000. Moreover, individuals convicted of such crimes in federal court may also be subject to probationary requirements such as special education classes, registering as a sex offender, having their internet use be restricted, house arrest and mandatory therapy sessions among others.
In the case of federal law, there are several felonies with different penalties when it comes to Illicit pornography of minor. Possession of child pornography of a minor is punishable by up to 10 years in prison for a first conviction. Distribution or possession with intent to distribute is punishable by a minimum of 5 years to a maximum of 20 years in prison for a first conviction. Possession of obscene visual representations of sexual child abuse is punishable by up to 10 years in prison for a first conviction.
Production, distribution and receipt of obscene visual representations of sexual child abuse is punishable by a minimum of 5 years to a maximum of 20 years in prison for a first conviction.
If an individual is convicted of any of these crimes with a prior sex offense conviction, the length of the prison sentence he will face is doubled in most cases, with the mandatory minimum also being increased.
However, some differences exist between federal and Maryland laws on child pornography. These are mainly regarding the age of consent. In Maryland, to be convicted of possession of child pornography, the depictions must be of minors under the age of 16, while in federal law it includes all minors under the age of 18. However, both Maryland and federal law consider the distribution of child pornography involving minors under the age 18 to be a child pornography offense.
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 defend you before the Maryland State Courts and Maryland Federal Courts.
In the state of Maryland, it is illegal to knowingly promote, solicit, advertise, distribute or possess with intent to distribute visual depictions of a minor engaging in sexual conduct or depictions that may lead viewers to believe that a minor is engaging in sexual conduct. In Maryland, individuals convicted of such crimes for the first time will face a potential jail sentence of up to 10 years along with a fine of up to $25,000.
Our Maryland sex crimes lawyers are licensed to defend clients facing Maryland sex crimes charges before the Maryland Federal Court in Baltimore and Federal Court in Greenbelt.