Facing Child Pornography Charges in Maryland

 Posted on March 21, 2025 in Child Pornography

Being charged with child pornography can be one of the most difficult things you have ever faced in your life. Whether you are guilty of the charges or not, the court of public opinion will certainly want to weigh in. Because child pornography has received so much media attention over the last ten years or so, defendants facing these charges can be treated just as harshly as those who commit violent crimes such as rape and murder.

The sentence can be harsh, and you could be required to register as a sex offender, which will alter your life in many different ways.  If you think you might be under investigation or have been arrested and charged with child pornography, it is extremely important that you speak to a Glen Burnie, MD criminal defense attorney.

Is Child Pornography a State or Federal Crime?

If a child pornography case affects interstate commerce, it will likely be charged under federal statutes. Federal convictions typically have more serious penalties, including longer prison sentences. Federal sentencing guidelines are complex and full of aggravating factors that can affect the sentence. If no interstate commerce is affected, the offense will be charged by the state.

While the entire statute is much more comprehensive, the Maryland statute essentially says that it is a violation for a person to possess or distribute depictions of a minor engaging as a subject in the production of obscene matter, photograph or film a minor engaging in an obscene act, or use a computer to depict a minor engaging in an obscene act.

What Are the Penalties in Maryland for Child Pornography?

A person who violates the possession of child pornography laws in Maryland will face misdemeanor charges, which carries a maximum penalty of five years in prison, a maximum fine of $2,500, or both. A repeat offender would face up to 10 years in prison, a maximum fine of $25,000, or both. A first violation for distribution of child pornography could result in up to 10 years in prison, a maximum fine of $25,000, or both. For a subsequent conviction, the prison sentence is a maximum of 20 years, a fine as large as $50,000, or both.

Aggravating factors in Maryland that could increase the penalties include the nature of the images and the age of the child or children in the images. If the child is under 12, this is an aggravating factor. The number of images is also important, as there is a potential sentence enhancement regarding the number of images. If videos are involved, each video counts as 75 images. If any of the images are violent or sadomasochistic in nature, this is also an aggravating factor in the sentence.

Federal penalties for possession of child pornography are up to 10 years in federal prison for a first offense or up to 20 years in federal prison if the child is under the age of 12. Distribution or receiving child pornography can result in between five and 20 years in federal prison.

Is Sex Offender Registration Required for a Child Pornography Conviction?

Possession of child pornography is a Tier 1 offense in Maryland, requiring 15 years of sex offender registry. This can potentially be reduced to ten years if the offender successfully completes probation and sex offender treatment and has no new convictions that carry more than one year of jail time. Distribution of child pornography is a Tier 2 offense, requiring 25 years of sex offender registration.

Contact a Bel Air, MD Sex Crimes Attorney

If you are facing charges of child pornography, the sooner you speak to a Towson, MD sex crimes lawyer from Seger Law, LLC, the better your outcome is likely to be. Attorney Seger has had multiple felony possession/distribution of child pornography cases reduced to misdemeanor offenses in Baltimore City, Baltimore County, Prince George’s County, and Harford County. She is a 2024 Super Lawyer Rising Star, who is aggressive, experienced, and supportive. Call 443-208-4692 to schedule your free consultation.