Law enforcement authorities across jurisdictions work together to combat the distribution of sexually explicit material involving children. The internet makes it easy to obtain and share this material, but law enforcement has become highly skilled in tracking it.
If you are facing charges or believe you are under an investigation for activities relating to sexualized images or recordings of children, a Frederick child pornography lawyer at Rolle & DeLorenzo is here to help. Our criminal defense attorneys provide compassionate and effective defense to criminal charges in both state and federal courts.
Possessing, distributing, or manufacturing sexualized media depicting children is a crime under federal and state law. The child does not need to be actually engaging in sexual activity. Any depiction of a child in a manner that is meant to pique an adult’s sexual interest could be considered illegal child pornography.
Traditionally, these materials were called child pornography, but in recent years, they have been more often referred to as child sexual abuse material or images of child sexual abuse. Our Frederick sex crime defense attorneys have seen cases where a person under investigation feels confident that they have not broken the law because they have not possessed images of children suffering violent physical harm. However, it is important to note that any sexual contact with someone too young to consent is considered child sexual abuse.
The laws against child pornography are written broadly and cover electronic media and files. Law enforcement investigators may discover a suspect by tracking a specific file and identifying people who download or view it.
The language in Maryland Criminal Code § 11-208 bars materials that depict children in a state of sexual excitement or engaging in sadomasochistic abuse or sexual conduct. The language in federal law is arguably broader, as 18 United States Code § 2256 defines it as any depiction of sexually explicit conduct involving someone under 18. Even AI-generated images that appear to depict an actual person may qualify as child pornography.
The age of the person depicted in the materials, when the subject is identifiable, can be significant. The age of consent in Maryland is 16, so sexually explicit depictions of a 17-year-old would not be illegal under state law. However, they are illegal under federal law, which bars sexual images of anyone under 18.
Someone accused of crimes involving sexualized depictions of children could face charges under state law, federal law, or both. For example, whenever materials are transmitted over the internet, federal law may apply. Our Frederick attorneys have substantial experience defending federal criminal charges and can develop a defense strategy that leads to the most favorable outcome possible in a child pornography case.
If you face a child pornography charge, it is likely that the police seized your electronic devices and found files containing illegal material. It is possible to mount a robust defense even in these circumstances.
Law enforcement must adhere to strict procedures when monitoring someone’s internet activity. Our defense attorneys in Frederick understand the methods law enforcement agencies use to investigate and prosecute child sexual abuse materials and will investigate whether they violated your rights during their investigation. If so, we can move to have the charges dismissed.
Sometimes people mistakenly download files or folders without realizing they contain child sexual abuse material. If multiple people had access to the device that held the material, we could argue that you are not responsible for possessing it.
Any sex crime conviction can lead to severe penalties and will limit your opportunities after you serve your sentence. Give yourself the best chance at preserving your future by working with a Frederick child pornography lawyer at Rolle & DeLorenzo. Reach out today to discuss your case.
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