As there are a number of laws related to child pornography in Maryland it would be difficult to understand the law, the penalties and consequences if charged. It is, for this reason, you will need an experienced attorney to deal with the case.
The laws in Maryland prohibit the production of child pornography and possession and use of it.
The sentence for a conviction in Maryland will depend on the circumstances of each case and the crime of child pornography may be prosecuted by a state or federal court.
According to the Maryland child pornography laws, no one should intentionally engage in child pornography. This includes:
- Cause, employ or allow anyone under the age of 16 to engage in the production of any visual representation that portrays the minor engaging in any sadomasochistic abuse or sexual conduct.
- Photograph or film a minor engaging in sadomasochistic abuse or sexual conduct.
- Use technology, such as a computer to create, edit or store any of the above-mentioned acts.
- Having any intent to distribute or promote such pornographic representation while in possession of them.
A person violating this section of the Maryland child pornography laws can be charged with a felony and may be subject to a very harsh conviction. Penalties for a first offense will attract a maximum of $25,000 fine or up to 10 years imprisonment or both. Penalties for subsequent violation will attract a maximum fine of $50,000 or up to 20 years imprisonment or both. There are many ways to prove in court that you did engage in any sadomasochistic abuse or sexual conduct with minors. This can be done by oral testimony from a witness, scrutinizing the subject in the video, getting an expert medical analysis or any other method authorized by law.
Section 11-208 of Maryland Child Pornography Law makes the possession of any visual representation of a minor under the age of 16 engaged in any sadomasochistic abuse or sexual conduct illegal. A person may not intentionally be in possession of a film, video, photography or any other visual representation of a minor be used as a subject of sadomasochistic abuse, engaged in any sexual conduct or in a state of sexual excitement. In Maryland, a person producing child pornography can be charged for other crimes including sexual solicitation of a minor, sexual abuse of a minor or sexual offense. Nothing in this section makes it against the law for a parent to have nude pictures of their child. But it is illegal and punishable if a parent is in possession of visual representations showing that the child is engaged as a subject of sadomasochistic abuse, engaged in any sexual conduct or in a state of sexual excitement.
If you are found guilty of this offense in Maryland it means you can be charged with a felony offense. On conviction, you can get a maximum term of imprisonment up to five years and a maximum fine of $2,500 or both. If it is a continuing violation, on conviction you are subject to imprisonment not exceeding 10 years or a fine not exceeding $10,000 or both.
If you are convicted for possession of child pornography in Maryland, then you shall be registered as a Tier 1 sex offender in Maryland and it shall remain on the registry for 15 years. If you are convicted for the producing child pornography, then you shall be registered as a Tier 2 sex offender and will remain on the registry for 25 years. Other sex crimes or multiple convictions can get you on the sex offender registry for life.
Therefore, choose the best Maryland child pornography lawyer that is best for you if you have been accused of violating these laws.
Mr. Sris has extensively defended clients charged with violating Maryland child pornography laws.
Why You Need Maryland Child Pornography Lawyers To Defend You in State & Federal Court
Penalties for child pornography in Maryland
Secure your future with our Maryland child pornography lawyers who primarly defend clients in Baltimore County, Montgomery County, Howard County and Anne Arundel County and the federal courts of Baltimore & Greenbelt, Maryland.
Maryland has very strict laws regarding the ownership, development and distribution of child pornography. According to federal and state laws, it is even a criminal offense for a resident to knowingly own or retain visual representations of children under the age of 16 when performing sexual acts. If you are arrested and charged with crimes involving child pornography, you must immediately contact an experienced Maryland child pornography lawyer.
Depending on the circumstances and severity of the charge, a Maryland defendant may be tried before a state or federal court.
According to Maryland Code Section 11-208, “a person may not knowingly and intentionally hold a movie, videotape, photo, or other visual representation showing an actual minor under the age of 16: (1) as the subject of a sadomasochistic employment abuse;(2) sexual behavior, (3) sexual arousal. “
If a defendant in Maryland is convicted of an offense of child pornography, the accused can face the following penalties:
- Up to 5 years in prison
- A fine of up to $ 2,500
If a defendant in Maryland is convicted of a second offense of distribution of kiddie pornography, the accused can face the following penalties:
- Up to 10 years in prison
- A fine of up to $ 10,000
Individuals charged with possession of child pornography have viable defenses available. For example, it may be easier to obtain a denial or acquittal if the accused accidentally or inadvertently obtained the visual representation and attempted to destroy it, or voluntarily reported the matter to the police.
Production or distribution of child pornography:
A defendant may expect serious legal sanctions for the production or distribution of child pornography. Maryland Criminal Law Section 11-207 states that a “person may not (1) induce, cause, solicit, or knowingly permit a minor to participate as a subject in the production of obscene matter or a visual representation or performance involving a minor(2) photographing or filming a minor involved in an obscene act, sadomasochistic abuse, or sexual behavior … (4) knowingly promote, promote, solicit, disseminate, or with the intention of distributing things, visual representations or performances: (i) representing a minor who engages in subjection to sadomasochistic abuse or sexual behavior. “
If a perpetrator is convicted of a first offense in Maryland, the following penalties are imminent:
- Up to 10 years in prison
- A fine of up to $ 25,000
Subsequent convictions could result in the following penalties:
- Up to 20 years in prison
- A fine of up to $ 50,000
Any Maryland kiddie porn sentence may also include the following probation requirements:
- Special education classes Mandatory
- Mandatory reporting to a probation officer
- House arrest
- Complete the COMET program
- Obligatory therapy sessions
- Limited internet usage
- Registration as a sex offender
If someone is convicted of a Maryland child pornography crime, they must register with the state as a sex offender. Sex offenders are legally responsible for registering in the following jurisdictions:
- where they were convicted
- where they live
- where they go to school
- where they are employed.
Such a criminal background can prevent you from finding a job, buying a house, and training. It can also harm your personal life by preventing you from maintaining healthy relationships with friends and family.
Federal Child Pornography Charges
State and federal law enforcement agencies work together in working groups to arrest people who receive, produce and distribute child pornography. For example, the Department of Computer Crime of the Maryland State Police is funded to investigate reports of child exploitation and pornography. Most cases of child pornography begin with state-level investigatiors before they become federal cases.
Federal pornography charges include:
- Production of child pornography (18 USA) Federal Code Section 2251)
- Sale and purchase of children (18 US states) Federal Code Section 2251 A) Possession, distribution and receipt of child pornography
- 18 US-American Federal Code section 2252: Online Application of Children
- 18 USA Federal Code Section 2252A: Making Sexually Clear Representations of Minors for Import into the United States (18 US States) Code Section 2260)
First time offenders are sentenced to a prison sentence of 5 to 20 years in the federal system, repeat offenders up to 40 years.
Before criminal charges are brought, contact an experienced Maryland sex crimes lawyer if you need to defend against charges in federal court of Baltimore or federal court of Greenbelt.
If child pornography is charged, you must hire an experienced and aggressive Maryland sex crimes lawyer as soon as possible. The Law Office of SRIS, P.C., is led by a sex crimes lawyer in Maryland, who has more than 20 years legal experience and six IT certifications. We have helped countless clients achieve reduced charges, dismissals and acquittals. If your life is in jeopardy, you should rely on Maryland sex crimes lawyers that will guide you effectively through every step of this legal process before the Maryland state and federal court. C