Possession of Child Porn in Maryland: Conviction Is Not a Guarantee


So often clients who have been charged with possession of child pornography in Maryland believe that a conviction is inevitable. This is not so.

The legal system in the state of Maryland is very protective of children, and the punishments for being convicted of any crime against a child are very harsh and severe. One of the gravest charges is child pornography. The consequences of getting convicted with child pornography are very wide reaching. Not only could the offender lose his/her freedom, but his/her reputation and future aspirations can also be severely damaged.

According to Maryland criminal law, a person is not allowed to:

• cause, convince, solicit, or knowledgeably permit a minor to engage as a subject in the production of indecent matter or a visual performance that portrays
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a minor engaged as a subject of any sexual conduct;

• photograph or film a child taking part in an indecent act of any kind of sexual conduct;

• use a computer to portray or describe a minor taking place in an indecent act or kind of sexual conduct;

• knowledgeably promote, solicit, distribute, advertise, or possess with the intention to distribute any matter, visual performance:

- that portrays a minor taking part as a subject in any kind of sexual conduct; or

- in a manner that reflects the belief, or is intended to make someone believe or that it is portraying a minor taking part as a subject of any kind of sexual conduct;



Child Pornography Charges and Penalties in Maryland

Child pornography charges are very challenging in the state of Maryland. The offender is not only facing harsh penalties, but the public nature of these cases can significantly hurt the offender’s reputation in the community or his/her workplace. Maryland defines child pornography in the points listed below:

• knowledgeably causing a minor to take part in the production of indecent material or sexual conduct. A conviction of this felony offense is penalized by up to ten years in prison and a $25,000 fine.

• Possessing, with the intention to distribute, depictions of a child engaging in indecent actions or sexual conduct. This is also a felony charge and has a potential penalty of ten years in prison and a $25,000 fine.

• Possessing an illustration of a child engaging in indecent actions or sexual conduct. The penalties for this conviction are handed down for each individual count. What this means is that each individual picture or recording can be punished by a year in jail and a $1,000 fine.

The more times any of the offenses listed above are repeated the more severe the penalties will become. In addition to being incarcerated and fined, a convicted person is required to register as a sex offender with the state of Maryland.

Child Pornography Defense Lawyer

If a person suspects he/she is the target of an investigation or he/she has been charged with child pornography in Maryland, he/she should contact a well trained and experienced criminal defense lawyer immediately. The punishments and consequences of a conviction for child pornography can lead to the state requiring the offender to register as a sex offender. Because of this, it is very important to hire a lawyer that will handle the case and seek the client’s best interests and try to get a less sentence or maybe dismissing the case if possible.


ABOUT THE AUTHOR: Atchuthan Sriskandarajah
Mr. Sris has successfully represented clients charged with possession of child pornography in Maryland.

Copyright SRIS Law Group, PC
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Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.

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