It’s a crime under Washington law for a person to promote commercial sexual abuse of a minor. The offense is a serious felony, and a conviction could lead to a life sentence in state prison. Please contact a skilled criminal defense attorney now if you or a loved one is being charged with any type of sex crime or criminal offense involving a minor.
How Does Washington Law Define “Promoting Commercial Sexual Abuse of a Minor”?
RCW 9.68A.101 is the Washington statute that sets forth the crime of promoting commercial sexual abuse of a minor. Per this law, you are guilty of a crime if you knowingly:
- Advance commercial sexual abuse of a minor,
- Advance a sexually explicit act of a minor, or
- Profit from a minor engaged in sexual conduct or a sexually explicit act.
A few definitions here are helpful. For purposes of this statute, a person “advances commercial sexual abuse of a minor” if that person:
- Causes or aids a person to commit or engage in commercial sexual abuse of a minor,
- Procures or solicits customers for commercial sexual abuse of a minor,
- Provides persons or premises for the purposes of engaging in commercial sexual abuse of a minor,
- Operates or assists in the operation of a house or enterprise for the purposes of engaging in commercial sexual abuse of a minor, or
- Engages in any other conduct designed to institute, aid, cause, assist, or facilitate an act or enterprise of commercial sexual abuse of a minor.
“Commercial sexual abuse of a minor” is a separate offense under Washington law and the term is best defined here.
Further, please note the following:
- A “sexually explicit act” is a public, private, or live photographed, recorded, or videotaped act or show intended to arouse or satisfy the sexual desires or appeal to the prurient interests of patrons and for which anything of value is given or received, and
- “Sexual conduct” means either sexual intercourse, or any touching of the sexual or other intimate parts of a person that is done for the purpose of gratifying sexual desire of either party or a third party.
What are the Penalties?
Promoting commercial sexual abuse of a minor is a Class A felony under Washington law. The crime is punishable by:
- Life in state prison, or
- A maximum fine of $50,000.
Can a Defendant Raise a Legal Defense?
Yes. A person accused of this crime has the right to challenge the accusation with a legal defense. A common defense is to show that the “victim” was not a minor. Depending on the facts of the case, though, an accused could still face other charges, like promoting prostitution.
Your criminal defense lawyer can also help you contest a charge by showing that the police somehow violated your rights. Maybe, for instance, the police:
- Arrested you without probable cause,
- Coerced a confession, or
- Conducted an unlawful search and seizure.
If any of these are true, your Seattle criminal defense attorney can move the court to reduce your charges or drop them altogether.
Note that while consent is often a valid defense to certain sex crimes, you cannot raise the defense that a minor consented to the sexual conduct to challenge a promoting commercial sexual abuse of a minor charge.
Contact Black & Askerov for Help
While a defendant can raise a legal defense to challenge a charge of promoting commercial sexual abuse of minor, it will take a skilled criminal defense attorney to raise the best defense. The experienced criminal defense attorneys at Black & Askerov have over 30 years of combined experience defending clients on various charges involving sexual contact with a minor . Our Seattle criminal defense lawyers also have the skill and commitment that makes all the difference in these cases. Contact us now to get the legal help you deserve!
