Maryland Child Pornography Lawyer

Maryland Child Pornography Attorney

Facing child pornography charges is a very serious matter that can result in state and federal penalties. These charges are treated with great seriousness and can result in serious penalties. A Maryland child pornography lawyer understands how serious these charges are. We can fight for your rights and negotiate on your behalf to strive for the most advantageous outcome.

Why Choose the Law Offices of Todd K. Mohink, PA?

Our legal team at Law Offices of Todd K. Mohink, PA has a great deal of experience dealing with delicate and intricate criminal situations. We are dedicated to offering a sympathetic and strong defense because we recognize the seriousness of child pornography accusations. Our staff guarantees knowledgeable and efficient representation because they are familiar with Maryland’s local courts and legal systems.

Understanding Maryland’s Child Pornography Laws

Compared to 3,248 tips in 2019, the Maryland State Police Computer Crimes Unit received 5,433 cyber tips in 2020 about possible child sexual exploitation, including child pornography. Nationally, the National Center for Missing & Exploited Children received 18.43 million cyber tips from January to September 2020.

Maryland statutes forbid individuals from producing, distributing, and possessing child pornography. Child pornography is defined as visuals of children engaged in sexual acts. Even possessing simple images can result in charges. Possession is seen as the most minor of the three offenses, while production is considered the most severe offense and comes with the most serious penalties.

There are also similar federal laws that prohibit engagement in child pornography. Federal charges typically come with more severe penalties than state charges.

Maryland Law §11–207

Maryland state law defines pornography and outlines prohibited behaviors. According to the law, the following acts are prohibited:

• Create or allow the participation of a minor in producing sexually obscene materials.
• Taking photographs or videos of minors in sexually explicit acts
• Using a computer to depict a child in sexual acts
• Promoting or distributing materials of minors engaged in obscene or sexual conduct. It is also unlawful to lead others to believe that a minor is engaging in these acts even if they are not.
• Using a computer to share a minor’s personal and private information for the purposes of engaging in illegal sexual conduct.

Under this law, the offender may be subject to severe penalties, including a felony conviction and up to 10 years in prison for a first offense and up to 20 years in prison for a second offense. A person may also be subject to a fine of up to $50,000.

Additionally, an offender may face federal penalties, too. According to federal statutes, those convicted may face 15 to 30 years in prison and additional fines.

Common Defenses in Child Pornography Cases

Defending against child pornography cases takes a strategic approach. The approach your attorney takes will depend on the specific circumstances of your case. Some common defenses include:

• Lack of knowledge. With this defense, it is argued that the offender did not know there was a presence of pornography. This is common in cases of shared computers or if someone stole their information to hack their accounts.
• Unlawful search and seizure. Evidence may be suppressed if the search and seizure were performed illegally.
• Mistaken identity. Because child pornography often occurs online or in places where the identity is not as easily identifiable, the defense can argue that someone else committed the crime, especially if there is a chance that someone else had access to the device or account.
• Entrapment. The defense can argue that the offender was coerced into committing the crime that they would not have otherwise committed if not influenced.

How a Maryland Child Pornography Lawyer Can Help

If you’re under investigation or facing child pornography charges, it’s important to contact a Maryland child pornography lawyer right away. A lawyer can help build an appropriate defense, challenge the evidence against you, and question the accuracy of digital evidence. Child pornography cases tend to be very complex and technical, requiring the skilled strategy of an experienced lawyer.

At the Law Offices of Todd K. Mohink, PA, we know how to defend clients in these types of cases in Anne Arundel County Circuit Court and Glen Burnie District Court. An attorney can also help direct you to local support services to assist with the additional impact on your family and future.

FAQs About Child Pornography Law in Maryland

What Is the Anti-Child Pornography Act?

A federal statute known as the Anti-Child Pornography Act makes it illegal to create, distribute, or possess child pornography. It targets the use of digital technology in these crimes and toughens the penalty for acts involving kids. The Act is in line with comparable state legislation in Maryland and other parts of the United States, and it is a part of a larger initiative to shield children from exploitation.

Is Pornography a Crime?

Pornography between two consenting adults is legal. Pornography may become illegal even if everyone involved is an adult if it happens against one participant’s consent or if they are not legally able to consent, such as in cases of mental incapacitation. Child pornography is illegal under all circumstances, according to both state and federal laws. Possessing, distributing, or producing it can lead to felony charges. “Child pornography” means any electronic image or visual depiction that is unlawful under § 11-207 or § 11-208 of this subtitle.

What Is the Difference Between Receipt and Possession?

Possession entails having authority over illicit content, including child pornography, whether it be kept in physical or digital form. Acquiring the item knowingly, usually through electronic transmission or download, is referred to as a receipt. Since receipt necessitates evidence that the person purposefully sought out and acquired the illegal content, it usually carries heavier penalties than possession under federal law.

What Is the Child Pornography Prevention Act of 1996?

The Child Pornography Prevention Act of 1996 broadened the scope of federal legislation to forbid not only real child pornography but also photos that have been changed or created by computers that seem to show children engaging in sexual activity. Addressing new technology that made realistic yet fictitious representations possible was the aim.

Maryland Child Pornography Lawyer

Being accused of child pornography is a serious offense that comes with severe penalties. The Law Offices of Todd K. Mohink, PA, can help you in the legal process. Contact us today for a consultation.