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 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 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.