Possessing A Sexual Performance By A Child Lawyer Maryland — What Are Your Defense Options?
Possessing a sexual performance by a child is a serious felony under Maryland law, carrying severe penalties including prison time and mandatory sex offender registration. If you are facing these criminal charges, securing a dedicated defense lawyer is critical. Law Offices Of SRIS, P.C.
Understanding the Maryland Statute on Possessing a Sexual Performance by a Child
In Maryland, the crime of possessing a sexual performance by a child is defined under Md. Code, Criminal Law § 11-207. The law prohibits knowingly possessing any film, videotape, photograph, or other visual representation that depicts a minor engaged in sexual conduct or a sexual act. A “minor” is defined as any individual under the age of 18. The statute is aggressively enforced, and the definition of “sexual performance” is broad, covering a wide range of media formats, including digital files.
Last verified: April 2026 | Maryland Courts | Maryland General Assembly
Official Legal Resources and Court Information
For the official text of the law, refer to the Maryland Code, Criminal Law § 11-207. Court procedures and filing information for these cases can be found on the Maryland Judiciary website.
The Legal Process and Defense Strategy for Possession Charges
Charges for possessing a sexual performance by a child in Maryland typically originate from investigations by specialized law enforcement units. The process is daunting, beginning with a search warrant for electronic devices and skilled to formal charges. A strong defense often hinges on challenging the legality of the search, the knowledge element of the offense, or the authenticity and origin of the alleged material. An experienced criminal court lawyer understands that prosecutors must prove you knowingly possessed the material, which is a key area for defense.
- Immediate Legal Consultation: Do not speak to investigators without an attorney. Contact a lawyer specializing in these charges immediately to protect your rights.
- Evidence Review & Investigation: Your attorney will scrutinize the search warrant, the methods used to seize evidence, and the forensic analysis of your devices for constitutional violations or errors.
- Developing a Defense Strategy: Based on the evidence, your lawyer will build a defense, which may involve motions to suppress illegally obtained evidence or challenging the prosecution’s ability to prove “knowing” possession.
- Case Resolution: Your attorney will advocate for you, whether negotiating for a favorable plea agreement that avoids mandatory minimums or taking your case to trial to fight for an acquittal.
Potential Penalties for a Conviction
In Maryland, a conviction for possessing a sexual performance by a child is a felony with penalties that can permanently alter your life.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Possession of a Sexual Performance by a Child (First Offense) | Felony | Up to 5 years | Up to $2,500 | N/A | Mandatory sex offender registration, possible probation, internet restrictions. |
| Possession of a Sexual Performance by a Child (Subsequent Offense) | Felony | Up to 10 years | Up to $10,000 | N/A | Mandatory sex offender registration, enhanced penalties. |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your Defense
Founded in 1997, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to every case. Our firm-wide record includes over 4,739 case results with a favorable outcome rate exceeding 93%. We understand the high stakes of sex crime allegations and provide a determined, strategic defense for every client. Our approach is direct and focused on achieving the best possible result for your unique situation.
Documented Case Results in Maryland Sex Crimes Defense
Our team has a documented history of achieving positive results in complex sex crime cases. For instance, in Baltimore County, we secured a result where a client facing a child pornography possession charge received a sentence of 5 years of incarceration with all time suspended, plus 5 years of supervised probation. In other cases, we have achieved a Nolle Prosequi (dismissal) for charges of promoting or distributing child pornography. These outcomes demonstrate our commitment to vigorous criminal charges defense.
Results may vary. Prior results do not aim for a similar outcome.
Contact a Maryland Defense Lawyer Near You
If you are under investigation or have been charged, time is of the essence. Our Maryland location in Rockville is accessible for meetings by appointment. We serve clients throughout the state, including those in surrounding communities. We offer 24/7 phone consultations to begin your defense immediately.
Law Offices Of SRIS, P.C.
199 E. Montgomery Ave, Suite 100, Room 211
Rockville, MD 20850
Toll-Free: (888) 437-7747 | Local: (888)-437-7747 | Local: (301) 363-4040
By appointment only.
Frequently Asked Questions (FAQs)
What does “sexual performance by a child” mean in Maryland law?
It means any visual representation, like a video or photo, that shows a person under 18 engaged in sexual conduct or a sexual act. The law covers digital files, films, and photographs.
Can I go to jail for just possessing this material on my computer?
Yes. Possessing a sexual performance by a child is a felony in Maryland. A first offense carries a potential prison sentence of up to 5 years, along with fines and mandatory registration as a sex offender.
What are common defenses against these charges?
Common defenses include challenging the legality of the search warrant that found the evidence, arguing you did not knowingly possess the material, or questioning the forensic methods used to link the material to you. A skilled criminal attorney will investigate all angles.
Do I have to talk to the police if they want to search my devices?
No. You have the right to remain silent and the right to an attorney. Politely decline to answer questions and state that you wish to speak with your lawyer. Do not consent to any searches without a warrant.
Why is it important to hire a lawyer who has handled these cases before?
These cases involve complex digital evidence and severe penalties. A defense lawyer with specific experience understands the technical defenses, knows how to challenge forensic reports, and is familiar with how local prosecutors handle these charges, which is vital for an effective defense.
What happens if I am convicted?
Beyond prison and fines, a conviction requires mandatory registration on the Maryland sex offender registry, which can affect where you live, work, and your personal relationships for many years, often for life.
A possessing a sexual performance by a child charge is one part of a wider defense practice, and our page on sex crimes lawyer Maryland covers how these cases are handled from start to finish.