Posted by James Crawford on 10/12/2018

Possible Defenses to Child Pornography Charges in Maryland October 03, 2018

Possible Defenses to Child Pornography Charges in Maryland October 03, 2018


When someone is accused of a federal child pornography crime, the opposition will be powerful and intent. People expect to see the prosecution zealously seek a conviction, regardless of the evidence against the defendant, or lack of evidence. With all things considered, the defendant in a child pornography case facing an unfairly uphill legal battle — but not one that cannot be overcome.

There are always defenses to criminal charges. No matter the circumstances, an experienced criminal defense attorney can look for gaps in the prosecution’s case and go from there.

Possible defenses that could be used in a child pornography case could be:

  • Mistaken identity: In an internet crime case, knowing the identity of an alleged perpetrator can be extremely difficult. Once a file is placed on the internet, there is no knowing how far it will be sent and disseminated through networks. There are also few ways to know who accessed what files. Even private home computers can be used by multiple people in the residence, or they can be accessed illegally and remotely by hackers.
  • No criminal intent: In some child pornography cases, the argument is made by the prosecution that the defendant should have known the person depicted in the sexual imagery was a minor. This is a weak argument, especially in considering that parties that upload such imagery to websites will often tell the viewer that everyone involved is an adult. If you had reason to believe the imagery did not violate any federal laws, then you had no criminal intent upon viewing it.
  • No knowledge of content: When investigators find files of child pornography saved on a defendant’s computer, it can look like strong evidence against them. However, as an experienced criminal defense lawyer can argue, there needs to be evidence that the defendant knew the files and content even existed. It is well within the realm of digital possibilities for illegal files to be hidden within legal downloads. Skilled hackers can even direct where a virus should save itself and can alter its “creation date” to show any day they want.

Please keep in mind that every criminal defense case is unique. The defense that works best for one might not be right for the next. One, all, or none of the aforementioned defense strategies might apply to your case.

Were you accused of child pornography crimes? There is no time to lose when it comes to starting your defense. Call (443) 720-7419 to connect with the Law Offices of James E. Crawford, Jr. & Associates. Our Baltimore criminal defense attorneys have decades of total legal experience under their belts, with a deliberate focus on high-stakes and sensitive child pornography defense cases. Contact our firm at any time to learn more.

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