Possession of Child Pornography Lawyer in Baltimore County, Maryland
Experienced Defense Against Possession Charges in Towson and Baltimore County
If you or a loved one has been charged with possession of child pornography in Baltimore County, Maryland, you face a serious criminal accusation under Criminal Law § 11-208. A first offense is a misdemeanor punishable by up to five years in prison and a $2,500 fine. A subsequent offense is a felony punishable by up to ten years and a $10,000 fine. A conviction generally requires sex offender registration and can affect employment, housing, professional licensing, immigration status, and family relationships for years after the case is over.
These investigations often begin with a search warrant for a phone, computer, or cloud account, or with contact from a detective after an internet service provider or national tip line report. Statements given without counsel, consent to search a device, and informal “explanations” to investigators are frequently the State’s strongest evidence. Do not discuss the accusation with anyone except a lawyer.
At Shepard Law in Towson, principal attorney Stephen P. Shepard provides client-centered and compassionate criminal defense representation to individuals facing possession charges throughout Baltimore County. With more than a decade of dedicated service defending clients in Towson, Essex, Catonsville, and surrounding communities, our firm focuses on understanding your unique circumstances and protecting your future with thoughtful, personalized advocacy.
Take the Next Step – Contact Shepard Law Today
A possession charge under § 11-208 requires prompt, confidential legal guidance. The earlier you reach out, the better we can protect your rights, evaluate the warrant and forensic claims, and address whether the case is being pursued in state court, federal court, or both.
Call Shepard Law at (410) 648-4008 or complete our secure online contact form for a free, confidential consultation. We also offer jail visits for a fee when needed. Attorney Stephen P. Shepard is prepared to listen carefully to your story, explain your rights, and provide the client-centered and compassionate representation you deserve.
What Maryland Criminal Law § 11-208 Prohibits
Section 11-208 is the State possession statute. It is separate from § 11-207, which covers production, promotion, and distribution. Two theories of liability appear in subsection (b):
- Knowingly possessing and intentionally retaining a prohibited visual representation; and
- Knowingly or intentionally accessing and intentionally viewing a prohibited visual representation.
The representation must show an actual child under 16, or a computer-generated image that is indistinguishable from an actual and identifiable child under 16, engaged in conduct the statute specifies.
“Indistinguishable” means an ordinary person would conclude that the image is of an actual and identifiable minor. The definition includes computer-generated images that have been created, adapted, or modified to appear as an actual and identifiable child. It does not include drawings, cartoons, sculptures, or paintings.
The State must prove knowledge and intentional retention or intentional viewing. Accidental receipt, a file a person never opened, a shared household device, or cached data the user did not know existed can all bear on those elements. The statute is not a strict-liability offense.
How Possession Differs from Production or Distribution
Criminal Law § 11-207 is a felony. It reaches causing, inducing, or allowing a minor to be used in prohibited material; photographing or filming a minor; using a computer to depict a minor; and promoting, advertising, soliciting, distributing, or possessing with intent to distribute. A first § 11-207 conviction carries up to 10 years and $25,000. A subsequent conviction carries up to 20 years and $50,000. “Minor” under that section is generally a person under 18, a broader age range than the under-16 line in § 11-208.
Prosecutors in Baltimore County sometimes charge both statutes from the same investigation—possession counts under § 11-208 and a distribution or possession-with-intent count under § 11-207 based on file-sharing software, messages, or the number of files. The charging choice changes prison exposure and the registration tier. A possession lawyer in Towson should read every count, not only the label on the charging document.
The Statutory Affirmative Defense and the Parent Exception
Section 11-208(e) provides an affirmative defense if the person promptly and in good faith took reasonable steps to destroy each visual representation or reported the matter to a law enforcement agency. That defense is fact-specific. It is not a reason to alter devices after a warrant, a subpoena, or police contact. Once an investigation is underway, a lawyer should evaluate whether the defense is available on the existing record.
Subsection (d) also states that the section does not prohibit a parent from possessing visual representations of the parent’s own child in the nude unless the images show the child engaged in the conduct the statute specifies. Family photographs are not automatically criminal. The exception has limits, and it does not cover images of other children.
Juvenile Sexting Is Not a Separate Adult Defense
Courts and Judicial Proceedings § 3-8A-35 treats certain teen sexting as a mitigating factor in juvenile proceedings involving §§ 11-203, 11-207, or 11-208. It is not a stand-alone adult defense, and it does not apply when the age gap or coercion exclusions in that section are present. Adult defendants should not assume a “sexting” label reduces a § 11-208 charge.
Strong Defenses to a Possession Charge
At Shepard Law, we thoroughly investigate every possession case to build a thoughtful defense strategy tailored to your situation. Common issues include:
- Knowledge and intentional retention or viewing. The State must prove the mental state the statute requires, not merely that a file existed on a device.
- Who used the device. Shared computers, open wireless networks, and multiple account holders can undercut proof that the accused was the person who possessed or viewed the material.
- Search-and-seizure defects. Warrants for phones, computers, and cloud accounts must be supported by probable cause and executed within their scope. Unlawful searches can require suppression.
- What the image actually depicts under the statute. Age, whether the image is of an actual or indistinguishable child, and the drawing-or-cartoon exclusion are litigable elements.
- The § 11-208(e) affirmative defense when the facts support prompt, good-faith destruction or a report to law enforcement before the investigation.
- Overcharging under § 11-207. Possession is not automatically possession with intent to distribute. The difference is years in prison and a different registration tier.
Stephen P. Shepard approaches each case with care and attention, working closely with clients to pursue the most appropriate resolution—whether through suppression litigation, negotiation that limits registration exposure where the law allows, or trial.
Why Early Representation Matters
These cases are evidence-heavy and often public. Devices are imaged. Accounts are locked. Pretrial conditions can isolate a client from work and family before any finding of guilt. Early representation allows the defense to control contact with investigators, challenge the warrant, and address bond before those conditions become permanent features of the case.
Why Choose Shepard Law for Possession Defense in Baltimore County
Stephen P. Shepard is a respected Baltimore County criminal defense attorney recognized by Super Lawyers as a “Rising Star,” Avvo with a 10.0 “Superb” rating, Martindale-Hubbell as a “Client Champion Platinum,” and The National Trial Lawyers as a “Top 40 Under 40.” He is an active member of the Maryland Criminal Defense Attorneys Association and regularly appears in Baltimore County courts.
Our Towson office, located at 303 W. Pennsylvania Avenue, Towson, MD 21204, serves clients across Baltimore County. At Shepard Law, you receive client-centered and compassionate representation focused on your individual needs and long-term well-being in these highly sensitive matters.
If you are searching for a possession of child pornography lawyer in Towson, Maryland, you need counsel who will treat § 11-208 as a specific statutory prosecution—knowledge, retention or viewing, and the image the State claims to have found—not as a headline. Shepard Law brings that local, statute-specific focus to every matter we accept.
Take the Next Step – Contact a Possession Lawyer in Towson Today
Call Shepard Law at (410) 648-4008 or complete our secure online contact form for a free, confidential consultation. We also offer jail visits for a fee when needed. Attorney Stephen P. Shepard is prepared to listen carefully to your story, explain your rights, and provide the client-centered and compassionate representation you deserve on a possession charge in Towson or anywhere in Baltimore County.