Can Accidental Downloads Lead to Child Pornography Charges in Maryland?

 Posted on December 08, 2025 in Child Pornography

There are many ways that you could end up with images on your computer that you never wanted. File-sharing programs or websites that automatically store data can put you in a precarious position. Even an accidental download can lead to questions from law enforcement.

The main question is whether a person knowingly possessed or viewed the material. The law focuses on intent, not just on what is found on a device. If you are under investigation for child pornography, an experienced Bel Air, MD sex crimes defense lawyer can explain your rights and offer guidance on how to move forward.

Using Accidental Download as a Defense in a Child Pornography Case

As with all states, it is illegal in Maryland to have, share, or view images that show minors in sexual situations. Maryland Criminal Law § 11-208 states it is a crime to "knowingly possess and intentionally retain" or "knowingly or intentionally access and intentionally view" this kind of content.

The words "knowingly" and "intentionally" are important when building a defense. They mean that prosecutors must prove a person knew the files were there and meant to keep or view them. In some cases, that is not what happened. Computers and phones can automatically save files when you visit certain websites, open an email, or click on a link. These files can stay hidden in cache folders or temporary storage. In these situations, a lawyer can help show that the person had no control over what was downloaded.

"Possession" vs. "Intentional Viewing" Under Maryland Law

Maryland law distinguishes between "possession" and "viewing." These terms sound similar, but they mean different things in court. While § 11-208 focuses on possession or viewing the materials, § 11-207 addresses distribution or promotion of illegal material. This is the more serious charge, but both depend on being able to prove intent.

If a file was saved automatically, or if a person did not realize that a website stored images in the background, that may not count as possession under the law. For example, a preview image on a website may save to a computer without anyone ever seeing it. 

How Do You Prove That a Download Was Accidental?

Accidental downloads can be explained through digital evidence. A forensic expert can review the computer’s data to see when and how a file appeared, helping show whether it was a mistake. They can often tell if a file was automatically stored by the system or saved by a person. They can also look at metadata, which shows when a file was created or opened, and other information that reveals what actually happened.

If this evidence shows that you did not intentionally download or view the file, your attorney could use it for your defense. Since digital evidence can be difficult to interpret, legal guidance is critical in these cases.

Schedule Your Free Consultation With Our Towson, MD Internet Crimes Defense Attorney

Any investigation into online activity can be intimidating. You deserve a fair chance to explain what happened and to have your rights protected. Attorney Chelsey Seger, a SuperLawyers Rising Star for 2024, is known for her strong advocacy and supportive approach. Her experience, attention to detail, and compassion combine to create her unique approach to representation.

If you are concerned about files found on your device or need legal guidance, contact Seger Law, LLC at 717-965-6742 for a free consultation with a Bel Air, MD child pornography defense lawyer today.