Why a strong defense matters in child pornography charges

On Behalf of | Apr 10, 2024 | Child Pornography

Criminal defense in cases involving child pornography in Maryland takes on an important role in the legal process.

Child pornography charges carry severe penalties and societal stigma, making the defense against such accusations a complex and sensitive matter.

Understanding the charges

In Maryland, charges related to child pornography include possessing, distributing or producing images or videos that show minors in sexually explicit situations. The law aims to protect minors from exploitation and abuse, leading to strict enforcement and severe penalties.

The role of defense

Defending against child pornography charges involves challenging the evidence presented by the prosecution. This may include questioning the legality of how the authorities obtained the images or videos. Also under consideration is the intent of the accused. Additionally, there is a consideration of the identification of the individuals depicted in the material.

Defense strategies often focus on constitutional rights, such as protection against illegal search and seizure. For instance, if law enforcement does not follow proper legal procedures when obtaining evidence, that evidence might not be admissible in court.

Possible defenses

Several defense strategies can apply in these cases. One common approach is to argue that the accused did not knowingly possess the material. In some instances, individuals may unintentionally download illegal content or be unaware of its presence on their devices.

Another potential defense involves challenging the identification of the individuals in the images or videos, questioning whether they are minors as defined by law.

The consequences of charges

Beyond legal penalties, individuals accused of child pornography offenses face significant personal and professional consequences. This could be up to 10 years in jail, as much as $25,000 in fines or a requirement to sign up for the sex offender registry. The stigma associated with these charges can lead to isolation, loss of employment and lasting damage to one’s reputation.

Because of the seriousness of child pornography charges, ensuring a fair trial and protecting the rights of the accused is important.

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