Washington law says that you are guilty of sexual exploitation of a minor if you force or cause a minor to engage in sex, knowing that it will be photographed or part of a live performance. The crime is charged as a felony offense (as opposed to a misdemeanor) and a conviction can lead to up to ten years in prison. Please contact a skilled Washington criminal defense attorney now if you were charged with any type of sex crime.
How Does Washington Law Define “Sexual Exploitation of a Minor”?
RCW 9.68A.040 is the Washington statute that defines the crime of sexual exploitation of a minor. Per this law, you commit an offense if you:
- Compel a minor by threat or force to engage in sexually explicit conduct, knowing that such conduct will be photographed or part of a live performance,
- Aid, invite, employ, authorize, or cause a minor to engage in sexually explicit conduct, knowing that such conduct will be photographed or part of a live performance, or
- Being a parent, legal guardian, or person having custody or control of a minor, permit the minor to engage in sexually explicit conduct, knowing that such conduct will be photographed or part of a live performance.
Washington law defines a “minor” as any person under the age of 18.
Further, for the purposes of this statute, “sexually explicit conduct” includes but is not limited to actual or simulated sexual intercourse, penetration of the vagina or rectum by an object, masturbation, or defecation or urination for the purpose of sexual stimulation of the viewer.
What are the Penalties?
Sexual exploitation of a minor is a Class B felony under Washington law. The crime is punishable by:
- Custody in state prison for up to 10 years, and/or
- A maximum fine of $20,000.
A conviction of this crime could also result in you having to register as a sex offender.
Can a Defendant Raise a Legal Defense?
Yes. You have the right to challenge a sexual exploitation of a minor charge with a legal defense. Recall that you are only guilty of this offense if you had knowledge that the alleged sexual conduct was being photographed or used as part of a live performance. A defense, therefore, is to show that you did not have this knowledge.
Your criminal defense attorney can also help you contest a charge by showing that the police somehow violated your rights. Here, your lawyer may be able to show that the police:
- Arrested you without probable cause,
- Coerced a confession, or
- Conducted an unlawful search and seizure.
If any of these are true, your defense attorney can move the court to reduce your charge or drop it altogether.
Contact Black & Askerov for Help
While a defendant can raise a legal defense to challenge a charge of sexual exploitation of a 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!
* Main image at top bi wirestock on Freepik
