What Makes Maryland Child Pornography Charges Unique

Given the egregious nature of child pornography, Maryland courts prosecute such cases aggressively. Defendants could find themselves facing harsh penalties that may follow them long after they serve their sentence. Accused individuals should learn what makes Maryland child pornography charges unique by calling a well-practiced attorney. A lawyer could explain their rights and champion their case.

Maryland Laws Surrounding Child Pornography

The child pornography law prohibits individuals from participating in the production of child pornography by filming, photographing, or recording a minor engaged in a sex act or sexual abuse.

It also involves paying for or soliciting such material. It prohibits allowing a minor to engage in such activities, and forbids the possessing, distributing, or advertising of child pornography. A person facing Maryland child pornography charges is recommended to contact an attorney knowledgeable with what makes such allegations unique.

Comparing Child Pornography Cases to Other Sex Crimes

Many child pornography cases involve possession of material, or the use of materials, and do not involve the actual abuse or interaction with a child. What makes Maryland porn charges in involving minors unique is that they may rely heavily on computer records, online interactions, and internet activity. Most other sex offense crimes involve interaction between two people.

Distinct Ways the Fourth Circuit Court Handles Porn Cases Involving Minors

The Fourth Circuit treats child pornography cases extremely seriously, which is consistent with all federal courts across the country. A few years ago, there was a large-scale FBI operation that involved the bureau accusing a website that was posted on the dark web. The site was known to be a hub for the hosting, exchange, and communication focused on child pornography.

The FBI arrested the owner of this website, seized the servers, and continued running the website for two weeks from FBI servers. They installed malware and tracking programs on visitors to the website to identify the people who accessed the dark web.

Investigators followed up with local search warrants and in many cases found child pornography and other illegal material. This case is unique for the Fourth Circuit since the original warrant authorizing the seizure of this child pornography dark web page and the installation of the malicious computer on the visitors’ computers was authorized in the Fifth Circuit.

A number of defendants who are indicted in the investigation challenged the case based on the jurisdiction, claiming that the warrant had no jurisdiction to search their computers located across the country. Those arguments had a mixed success; in some jurisdictions, they were successful, and in some, they were not.

A Maryland Child Pornography Attorney Could Provide Assistance

If a person is facing child pornography charges, a Maryland attorney could develop a defense to protect the accused’s interests. The specifics of the case depend on the nature of the allegations and the facts related to the charge. The prosecution may rely heavily on a person’s online history. A defendant’s attorney could speak with the prosecutors and investigators to address pretrial concerns with the person’s release conditions. An attorney familiar with what makes Maryland child pornography charges unique could look at the strengths and weaknesses of the state’s case to champion your case.