Maryland Child Pornography Defense Attorneys for Tough Cases

On both the state and federal level, undercover detectives troll the internet for child pornography consumers and abusers. State police, county police, and specialized federal agencies immerse themselves in technology monitoring and tracking on computers throughout Maryland. 

Most of the time, the case begins when a detective searches for individual IP addresses where child pornography might be stored. Each detective is assigned several computers, and they have specialized programs for tracking down the distribution of child pornography.   

This approach puts people who use “torrenting” or file sharing sites at risk of investigation by the police. Police can use the system to download images and videos from the computers of anyone who is using these programs and websites… making them potential “distributors” of child pornography. 

At the very least, exposing your computer to these sites risks an initial, expensive, and reputation-killing investigation. 

Now, if police can download child pornography from your hard drive, they can establish that you have these images on your computer. In the eyes of the law, this may establish distribution and possession.  

After police determine that you possess or are distributing child pornography, they file a subpoena to your cable provider and get the IP address for your computer. They then obtain your actual, physical address.  

That’s when they knock on your door. To them, you’re already in deep trouble before the trial even starts. 

The basic elements that a federal or state prosecutor must prove against you in any child pornography case are: 

• You knowingly possessed, distributed and/or received the child pornography in question; 
• The child pornography in question is images or video; 
• That the image or video presented is, in fact, child pornography; and 
• The image or video affected interstate commerce or was made by items that moved in interstate commerce (for federal cases – Maryland prosecutors only care that it happened in Maryland). 

The entire idea is to put anyone accused child pornography in a situation where a jury would believe that you had access to the computer in question, and that only you had the ability to download, receive, distribute or view said contraband.  

In other words, you had control of what occurred and made it happen. The ability to follow through on the intent to commit an illegal act is what prosecutors try to prove. 

To build that case during their investigation, police and prosecutors will evaluate: 

• The number of video and images on your computer or device; 
• The frequency you have visited internet destinations in question; 
• The nature and type of video or images; 
• The age of the child or children in question as well as the sexual acts involved; 
• Whether there are any email exchanges, chat rooms involved, or solicitation attempts discovered; and 
• The nature of any conversations with undercover police officers, if any have occurred. 

Additionally, law enforcement uses many other techniques to build their child pornography charges against defendants. Apps, the “dark web,” and other technologies are constantly created by the government to find the true source of child pornography.  

When it comes to child porn cases, generally defendants are charged with: 

• Possession of child pornography; 
• Distribution – or intent to distribute – child pornography; or 
• Creation of child pornography. 

As for whether said charges are brought by state-level or a federal-level law enforcement, it depends on whether law enforcement believes the pornography crossed state lines.  

Pornography charges can be charged in federal court when prosecutors allege: 

• Physical transportation of a USB drive or printed images across state lines; 
• Online distribution or storage of pornography on electronic servers in another state; or 
• Conspiracy to create illegal child pornography that occurred across state lines. 

Many individuals will claim that they never intended to download or view the pornography in question. Polygraphs and stress tests may be beneficial to the defendant.  

Usually, though, they are not unless your criminal defense attorney sets it up during an investigation. These tests are not always considered reliable.  

Other techniques and expert witnesses may be extremely beneficial in convincing the government to drop their case. 

For example, in specifically federal child pornography cases, the law is divided on whether an accidental download and deletion of child porn constitutes the “intent” to receive illegal contraband.  

All who use computers on a daily basis realized that sometimes when we search the internet intrusions pop up on our screen and we don’t even understand how or why that occurs.  

That very common situation is one of the reasons why our Firm believes that computer experts are extremely important to show whether or not an individual intended to download these images.

Convictions regarding child pornography vary, depending on whether the charges were state or federal prosecutors, the type of offense, and any criminal history. 

However, federal convictions of distribution or receipt of child pornography carry a minimum sentence of five years – up to 20 years – for a first-time offense. 

Judges cannot give less than the mandatory minimum sentencing. Again: If you are convicted in federal court of possessing or distributing child porn, you will go to jail for at least five years. 

If you have prior convictions, the sentence could go as high as 40 years. 

Convictions related to child pornography in Maryland state court have equally devastating impacts on your professional and personal life. If convicted in state court, you may face: 

• Up to 10 years in prison and $25,000 in fines for a first offense 
• Up to 20 years in prison and $50,000 in fines for subsequent convictions
• Up to 5 years’ probation 
• Participation in a mandatory sex offender rehabilitation program 
• Electronic monitoring with the very visible and chunky ankle monitors 
• Computer restrictions and limited use of the internet 

Many times, investigations overstep the boundaries of the Fourth Amendment and other criminal procedure rules. This involves search and seizure, starting with the search warrant and the actual serving of the warrant on the defendant. 

If law enforcement acted prematurely or obtained the warrant improperly based upon insufficient evidence or exceeded their ability under the warrant, then the Fourth Amendment search and seizure laws may apply. 

That’s why an experienced Maryland child pornography defense lawyer makes sure the police did not overstep their bounds. 

And, if they did? That evidence is no longer as helpful to the prosecution. The situation presents a bargaining chip regarding possible sentencing and penalties. 

Also, a pre-indictment investigation may limit or prevent the government from proceeding. It is extremely important that a defendant retain an experienced defense attorney experienced in both federal and state child pornography cases to represent them and file for these actions to limit damage. 

Finally, a big hurdle for prosecutors to overcome is whether or not you simply viewed said images, attempted to save said images, or intended to actually receive said images.  

The government must prove beyond a reasonable doubt that it was you and no one else that completed these acts. Search terms, viewing of the contraband, and even a discussion by the agents of masturbation while viewing said contraband comes into play.