Frederick County Child Pornography Lawyer
All sex crimes are serious, but when those alleged violations involve children, the consequences can be devastating. A conviction for child pornography brings more than just a lengthy jail sentence and steep fines. The collateral consequences of a conviction on these charges could follow you for many years after your sentence has been served. Due to the serious nature of these charges, it is imperative you fully understand how dramatically a conviction could impact your life.
A thorough understanding of the criminal justice process could help you prepare for what lies ahead. If you are facing charges of possessing or distributing child pornography, or if you believe you are being investigated for these crimes, your future could be at stake. A Frederick County child pornography lawyer could evaluate your situation and advise you on how to move forward. A dedicated attorney could guide you through the legal process and potentially mitigate the ramifications of a conviction or even have the charges dropped.
Possessing Child Pornography
The most common type of child pornography charge under state law is outlined at Maryland Code Section 11-208. This statute deals directly with the possession of child pornography and it covers a wide range of recorded sexual content of children under the age of 16. It is illegal to possess any visual representation of a child in a state of sexual excitement, receiving sadistic physical abuse, or engaging in any form of sexual activity. A visual representation could involve physical photographs, digital images, or video.
To violate the law, a person must knowingly possess child pornography. Someone who is unaware that they were in possession of the material might have a viable defense of ignorance at trial. After a careful review of the case, a Frederick County child pornography attorney could identify multiple potential defenses.
A conviction could result in a prison term of 5 years for a first-time offender, or 10 years for each subsequent offense. This crime could also result in fines of $2,500 or $10,000, respectively.
Affirmative Defenses
Additionally, the state also identifies two specific affirmative defenses. In a child pornography case, a defendant may prevail at trial if these defenses go unchallenged. The first relates to nude photos of children possessed by a parent. The statute holds these photos are presumed not to be child pornography unless they depict a sexual act.
It is also an affirmative defense if a defendant took immediate action after coming into possession of child pornography. This involves either destroying the images or reporting them to law enforcement. In this situation, it is helpful to contact a Frederick County child pornography attorney to discuss available options. By seeking legal counsel as soon as pornographic material of a child is received or discovered, a person may avoid a charge altogether.
Distributing Child Pornography
It is also unlawful to distribute or create images of child pornography. Doing so carries even steeper penalties than mere possession. It is illegal to have any role in the creation of images involving children engaging in sexual or sadomasochistic conduct. This includes soliciting children, filming the acts, or even editing the images afterward. A conviction for distributing child pornography in Frederick County carries a prison term of up to 10 years and a maximum fine of $25,000. A subsequent could lead to a prison term of 20 years and a fine of up to $50,000.
Reach out to a Frederick County Child Pornography Attorney Immediately
With so much on the line, working with a dedicated criminal attorney is crucial. Any delay in finding legal counsel could be detrimental, especially if you have yet to be formally charged.
The earlier you consult a Frederick County child pornography lawyer, the sooner they could begin work on your case. Call as soon as possible to discuss your options.