What happens when you cross the line and viewed/ downloaded child porn? What about emailing or sharing the images/videos with someone else?
Imagine this scenario, you are 50 years old, have a good job with no criminal record. You didn’t start out on the internet looking for child pornography. Instead, you were searching for legal adult porn and you came across some illegal materials. Out of curiosity, you clicked on the pictures. It took you to a whole world of underage porn. You know it’s wrong to possess these types of images and files, but you figure that you are viewing the materials in the privacy of your own home. So, no harm is done. You never sent or share any of these files with anyone. You knew you would never ever touch a child (which by the way, that is child molestation and is very different from possession of child pornography), Penalties are different. Elements which make up the crimes are different, but that’s a different blog topic). You didn’t feel like you were creating a market for the materials. Nor do you feel like you were supporting the industry until a dozens of law enforcement officers swamped your house and executed a search warrant. They turn your house upside down looking for computers, hard drives, discs, cell phones, etc.
State or Federal Prosecution
And this is where your case will begin – will this case be prosecuted on state level or federal? After a thorough forensic analysis of all your electronic data (which could take months or weeks depending on how much data they seize), prosecutors will then determine what specific child pornography charges – Maryland or Federal – you will be charged with. They will be based on the following factors:
And this is where your case will begin – will this case be prosecuted on state level or federal? After a thorough forensic analysis of all your electronic data (which could take months or weeks depending on how much data they seize), prosecutors will then determine what specific child pornography charges – Maryland or Federal – you will be charged with. They will be based on the following factors:
• The number of child porn images on your computer
• The number of times you visited websites that offer child porn
• The type of images
• how often do you view the images and/or videos
• The contents of any chat rooms, email, text messages on your electronic devices, including conversations you have had with any undercover police officers/agents.
Experienced Criminal Lawyer to help you
As a 20-year veteran criminal defense lawyer, I can help you if you are facing investigations or allegations regarding child pornography in D.C. or Maryland. Those who violate Maryland child pornography laws face serious penalties and other destructive consequences. In addition to lengthy prison sentence and fines, those who are convicted of certain Maryland sex crimes are required to register as a sex offender. As an aggressive criminal defense attorney and have been practicing exclusively criminal defense since I began my legal career and we know how to defend sex crimes cases. We evaluate each sex case carefully and individually. The obvious goal is to try to keep the feds out. The U.S. Attorney’s Office more often than not have aggressively removed these cases from state court and routinely seek harsher punishment in Federal District Court. In the federal system, the mere possession or “receipt” of child pornography carries a mandatory minimum of 5 years in prison. Distribution carries mandatory 10 years and production carries mandatory 15 years. Therefore, keeping the feds out would be pretty much the end to real danger. With competent and proper representation, some of the cases can be dropped down to possession and may not necessary result in jail time and /or sex offender registration on a state level.
In addition, you may have defenses to your case, E.g. How many people live in your home or have access to your computer/ phone/ ipad/ electronic devices. Did you give a “confession” after you were given your miranda warnings? Want more information – give us a call today.
If you have been charged with or under investigation for child pornography, call our Law Firm at (202) 455-5610 for a free telephone consultation. We will take the stress out and handle your case from start to finish.
