Child Pornography Defense in Maryland

Defense for Maryland Child Pornography Allegations

Child pornography allegations can raise complex questions about digital files, account access, knowledge, and investigative procedures. Our firm, Albers & Associates, represents people throughout Maryland who are under investigation or facing criminal charges involving child sexual abuse material, commonly called CSAM.

Founder Ross W. Albers is a former Baltimore prosecutor who brings that perspective to defense strategy. We provide personalized representation, responsive communication, and careful attention to each client’s circumstances. Our firm has received more than 300 five-star Google reviews.

Conduct Covered by Maryland Child Pornography Laws

Maryland law distinguishes among possession or viewing allegations, distribution-related conduct, and conduct connected to producing prohibited material. The applicable statute and potential penalties may depend on the alleged activity, the age depicted, the amount of material involved, and the evidence associated with a device, account, file, or communication.

Possession, Access & Viewing

Maryland Criminal Law § 11-208 prohibits knowingly possessing and intentionally retaining certain visual representations involving an actual child. It also addresses knowingly or intentionally accessing and intentionally viewing covered material. The statute applies when the child is younger than 16 and includes certain computer-generated images that are indistinguishable from an actual and identifiable child.

The statute expressly excludes drawings, cartoons, sculptures, and paintings from its definition of an image that is “indistinguishable from an actual and identifiable child.”

In Brasse v. State, decided in 2025, the Appellate Court of Maryland addressed the statute’s application to computer-generated material. The court explained that § 11-208 requires an actual child or an image indistinguishable from an actual and identifiable child. Its analysis included altered or generated images tied to identifiable real children, such as certain morphs or deepfakes.

These distinctions can matter when determining whether a particular file falls within the statute.

Production, Distribution & Related Allegations

Maryland Criminal Law § 11-207 covers several categories of conduct. Among other things, it prohibits causing, inducing, soliciting, or knowingly allowing a minor to participate in producing specified obscene matter or visual representations. It also addresses photographing or filming specified conduct involving a minor.

The statute further addresses knowingly promoting, advertising, soliciting, distributing, or possessing with intent to distribute certain prohibited material. Because § 11-207 covers multiple forms of conduct, the specific subsection and alleged role of the accused matter when evaluating the charge.

Potential Penalties for Maryland Charges

Maryland’s penalties depend on the statute, the alleged conduct, the material involved, and prior convictions.

Under § 11-208:

• First possession or viewing violation: A misdemeanor punishable by up to five years in prison, a fine of up to $2,500, or both.
• Subsequent § 11-208 conviction: A felony punishable by up to 10 years in prison, a fine of up to $10,000, or both.

Under § 11-207:

• First violation: A felony punishable by up to 10 years in prison, a fine of up to $25,000, or both.
• Subsequent violation: Up to 20 years in prison, a fine of up to $50,000, or both.

Additional Felony Exposure Under Maryland Criminal Law § 11-208.2

Maryland added § 11-208.2 effective October 1, 2026. The law creates additional felony exposure in specified circumstances.

A person may face a felony punishable by up to 10 years in prison when conduct covered by § 11-207(a)(4) or possession under § 11-208(b)(1) involves 100 or more images as calculated under the statute. For this calculation, an individual photograph or similar visual representation generally counts as one image, while a video, film, videotape, or similar video depiction counts as 20 images.

Section 11-208.2 also provides felony penalties of up to 10 years for specified possession, viewing, or § 11-207(a)(4) conduct involving an image depicting a minor or covered individual under the age of 13.

A sentence imposed under § 11-208.2 may, depending on the circumstances, be separate from and consecutive to or concurrent with a sentence based on the underlying violation.

Because these provisions can overlap with §§ 11-207 and 11-208, identifying the precise charges and alleged material is an important part of evaluating potential exposure.

Sex Offender Registration

Maryland’s sex offender registry classifies possession of child pornography under § 11-208 as a Tier I offense, generally carrying a 15-year registration period. Distribution of child pornography under § 11-207 is identified as a Tier II offense, generally carrying a 25-year registration period.

Registration consequences should be evaluated based on the actual conviction and applicable registration statute rather than the wording of an initial accusation. We review the charge and potential disposition before discussing how registration requirements may apply.

Defense Issues in Digital Evidence Cases

A defense begins with the required elements of the charged offense and the evidence prosecutors intend to use. In these cases, that often requires careful review of digital evidence as well as the circumstances surrounding the investigation.

Knowledge & Intent

Section 11-208 requires knowing possession and intentional retention, or the mental state specified by the statute for accessing and viewing prohibited material.

A file’s presence on a device does not by itself explain who accessed it, whether that person knew it was there, or how it arrived. Device ownership, account credentials, user profiles, file locations, communications, access records, and other digital evidence may therefore become relevant.

Search, Seizure & Digital Handling

Investigations involving CSAM may include searches of phones, computers, cloud accounts, online platforms, or other stored information.

As part of our criminal defense representation, we can examine how investigators obtained a device or account data, what legal authority supported the search, whether investigators remained within the authorized scope, and how digital evidence was handled.

Whether a search or seizure issue affects a case depends on the facts, the warrant or other legal authority involved, and applicable constitutional law.

Statutory Defenses & Exceptions

Maryland Criminal Law § 11-208 recognizes an affirmative defense when a person promptly and in good faith took reasonable steps to destroy each prohibited visual representation or reported the matter to a law enforcement agency.

The statute also provides that it does not prohibit a parent from possessing nude images of the parent’s own child unless the images depict the conduct specified by the statutory exception.

Whether either provision applies requires careful review of the material, timing, and circumstances.

Maryland State & Federal CSAM Cases

Child pornography allegations may be prosecuted under Maryland law or federal law depending on the alleged conduct, evidence, jurisdiction, and investigating or prosecuting agencies involved.

Federal statutes addressing sexual exploitation and child pornography include 18 U.S.C. §§ 2251, 2252, and 2252A. These provisions address different forms of alleged production, receipt, possession, transportation, and distribution.

Federal cases arising in Maryland are prosecuted in the U.S. District Court for the District of Maryland, which has Northern and Southern Divisions sitting in Baltimore and Greenbelt.

Federal penalties can differ substantially from Maryland penalties, and some federal offenses carry mandatory minimum sentences. The applicable exposure depends on the particular statute and subsection, prior convictions, alleged conduct, and other sentencing considerations.

Determining whether an investigation is state or federal, and identifying the statutes involved, should therefore occur before drawing conclusions about potential penalties or defense strategy.

How We Approach Your Case

We begin with an initial consultation to understand the allegations, the status of the investigation or case, any searches or seizures that have occurred, and upcoming court dates.

From there, our attorneys can review available charging documents, warrants, digital evidence, communications, and other records relevant to the allegations. We then identify the legal and evidentiary issues that may affect the case and discuss the available course of action based on the known facts.

If the case proceeds in court, we continue evaluating the evidence, applicable motions, negotiations, and trial preparation while keeping the client informed about important developments and decisions.

Request a No-Fee Case Evaluation

We don’t charge a fee for these case evaluations. You can contact us by phone, email, chat, or our online contact form. Virtual consultations are also available.