Few criminal accusations charged in Maryland have the negative connotations as those that involve children. Compounding the possibility of long-term consequences in and outside of the legal arena are those that have to do with child pornography. When a person is facing these allegations, it can be a difficult time in a multitude of ways. It is important that there is a strong plan for a criminal defense to avoid the harshest penalties and combat the allegations.
Understanding the law when it comes to child pornography is crucial when facing these allegations. It is illegal for a person to allow, induce, cause or solicit a minor into taking part in producing obscene materials or a representation of a performance that shows sadomasochism or sexual acts. It is also illegal to take photographs or film a person taking part in these acts. A computer cannot be used to depict minors taking part in these acts.
Those who distribute, possess, promote, advertise or solicit a minor taking part in these acts or reflects the impression that the minor is taking part in these acts will be charged with a crime under the laws against child pornography. Finally, using a computer to transmit, create, publish, reproduce, cause, sell, buy, allow and provide any information about the minor for identifications as to who is taking part in these acts will lead to charges for child pornography.
When a person is convicted on these charges, it will be a felony. The penalties are severe. If it is a first violation, there will be a prison sentence of up to 10 years and a fine of up to $25,000, or both. Subsequent offenses will result in a prison sentence of up to 20 years and possibly a fine of up to $50,000, or both. Considering the harsh penalties and personal and professional issues that can arise from these charges, it is important for those Maryland residents who have been charged with these sexual offenses consider their options for a criminal defense strategy as soon as possible.
Source: dpscs.state.md.us, "11-207. Child pornography," accessed on Sept. 12, 2016