Child Sexual Abuse Material Laws in Maryland

Knowingly possessing and intentionally retaining, or intentionally accessing and viewing, a photo, film or other visual image of an actual child under 16 (or a computer-generated image indistinguishable from an identifiable child) engaged in sexual conduct, sadomasochistic abuse or sexual excitement is a misdemeanor punishable by up to 5 years and/or $2,500; a repeat offense is a felony with up to 10 years and/or $10,000. Producing child pornography (causing or allowing a minor to take part, photographing or filming a minor in sexual conduct, or using a computer to depict it) or promoting, distributing or possessing it with intent to distribute is a felony punishable by up to 10 years and/or $25,000 for a first violation and up to 20 years and/or $50,000 for each later violation.

Maryland's rule on court-appointed lawyers: The Office of the Public Defender represents eligible indigent individuals. An applicant states in writing, under oath or affirmation, that he or she cannot pay for full representation without undue financial hardship (§ 16-210(a)). If the applicant's assets and net annual income are less than 100% of the federal poverty guidelines, eligibility may be determined without a need assessment; otherwise eligibility depends on need, considering the nature, extent and liquidity of assets, disposable net income, the nature of the offense, the length and complexity of the proceedings, and other foreseeable expenses (§ 16-210(b)-(c)). A person charged with a crime carrying possible incarceration may apply to a District Court commissioner, who determines indigency and notifies the individual in writing; the Office may provide provisional representation, and a person later found ineligible must hire counsel and reimburse the Office (§ 16-210(c)(4)-(5), (d)). No application fee is stated in § 16-210. Md. Code, Crim. Proc. § 16-210

Lawyers set their own fees, and Maryland has rules on how they may charge. See hiring a criminal defense lawyer in Maryland for fee rules, how to check a lawyer's license and free help.

How release before trial works in Maryland: After arrest a defendant goes before a judicial officer (often a District Court commissioner) for an initial appearance. The pretrial release law is to be construed liberally to rely on 'criminal sanctions instead of financial loss' to ensure appearance; a court may release a defendant on personal recognizance if it believes the defendant will appear, except a defendant charged with a crime punishable by life imprisonment without parole or with a § 5-202(d) crime after a prior § 5-202(d) conviction (Crim. Proc. § 5-101). A District Court commissioner may not release certain defendants — including those charged with escape, as a drug kingpin, with a crime of violence after a prior crime-of-violence conviction, with listed crimes committed while on release, with violating a protective order, with listed weapons offenses after a prior conviction, or who are registered sex offenders; only a judge may release them, several carry a rebuttable presumption that the defendant will flee and pose a danger, and for some a judge must order detention if no condition will reasonably ensure appearance and safety (Crim. Proc. § 5-202). Md. Code, Crim. Proc. §§ 5-101, 5-202 What happens after an arrest.

Each state sets its own rules for sealing or expunging records. See Maryland expungement and record sealing rules.