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Calvert County, MD., Criminal Defense: Production of Child Porn


Nearly everything related to child pornography is criminalized in Maryland, including the production of child pornography. See Md. Crim. Code, § 11-207. A person convicted under this Statute faces a prison sentence of up to 10 years and a fine of up to $25,000 (or both) for a first offense. Subsequent convictions lead to a doubling of the potential punishments.

Under the Statute, there are five possible definitions of the production of child pornography. The first is the general provision which states a person may not “cause, induce, solicit, or knowingly allow a minor to engage as a subject in the production of obscene matter or a visual representation or performance that depicts a minor engaged as a subject in sadomasochistic abuse or sexual conduct …” Under Section 11-101(d)(4), “sexual conduct” is defined as the “lascivious exhibition of the genitals or pubic area of any person.”

The next two sections prohibit a person from photographing or filming a minor or using a computer to depict or describe a minor engaging in an obscene act, sadomasochistic abuse, or sexual conduct. The fourth section prohibits the knowing promotion, advertisement, solicitation, distribution, or possession with the intent to distribute any matter, visual representation, or performance depicting a minor engaged as a subject in sadomasochistic abuse or sexual conduct. The final section prohibits the use of

“… a computer to knowingly compile, enter, transmit, make, print, publish, reproduce, cause, allow, buy, sell, receive, exchange, or disseminate any notice, statement, advertisement, or minor’s name, telephone number, place of residence, physical characteristics, or other descriptive or identifying information for the purpose of engaging in, facilitating, encouraging, offering, or soliciting unlawful sadomasochistic abuse or sexual conduct of or with a minor.”

From this provision, we can summarize the basic criminal elements that must be proven by the prosecuting attorneys as these:

  • The criminal defendant intentionally or knowingly
  • Caused, solicited, allowed, photographed, described, depicted, promoted, advertised, etc.
  • A minor (or a person believed to be a minor or a person held out to be a minor to third parties)
  • Engage in or being the subject of sadomasochistic abuse or sexual conduct
  • In the production of obscene matter or visual representation or performance
  • And, in some cases, with the use of a computer

As noted above, the concept of “sexual conduct” includes the idea of the “lascivious exhibition of the genitals or pubic areas.”

Many might think that the statute is clear and that only “hardcore” pornography will result in an arrest and conviction. However, readers are reminded that the term “sexual conduct” is present in all sections of the statute. The inclusion of this language makes the statute very, very broad.

Recently, the Maryland Court of Appeals had occasion to interpret the meaning of “sexual conduct” with respect to the alleged production of child port. See Turenne v. State, 321 A. 3d 697 (Md. Court of Appeals 2024). In that case, a person took photographs of young girls/toddlers that included full visual images of their pubic areas. There was nothing overtly sexual about the photos, but the jury convicted the defendant of taking photos of minors involved in “sexual conduct.” The Court of Appeals upheld the verdict, holding that the jury had sufficient evidence that the photos were sexual in nature. The test to be used is described as “content-plus-context,” meaning that the jury can look beyond just the images involved and consider how, where, and when the photos were taken along with the intent of the photographer. This means, in summary, that pornography that is not obviously “hard-core” can be sufficient for a conviction under this statute.

Contact Waldorf, Maryland Criminal Defense Lawyer Robert Castro Today

This article has been provided by the Law Office of Robert Castro. For more information or questions, contact our office to speak to an experienced Maryland criminal defense lawyer at (301) 870-1200. We are Waldorf, MD, Criminal Defense lawyers. Our address is 2670 Crain Highway, Waldorf, MD 20601.

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