One of Washington’s child pornography laws involves dealing in depictions of minors engaged in sexually explicit conduct. This particular criminal offense is a serious felony under Washington law, punishable by up to a decade in state prison. Please contact a skilled criminal defense attorney now if you or a loved one is facing any type of charge involving child pornography.
What is “Dealing in Depictions of Minor Engaged in Sexually Explicit Conduct” Under Washington Law?
RCW 9.68A.050 is the Washington statute on the crime of dealing in depictions of minors engaged in sexually explicit conduct. A person 18 years of age or older is guilty of this offense if they:
- Knowingly develop, duplicate, publish, print, disseminate, exchange, finance, attempt to finance, or sell a visual or printed matter that depicts a minor engaged in an act of sexually explicit conduct, or
- Possess with intent to develop, duplicate, publish, print, disseminate, exchange, or sell any visual or printed matter that depicts a minor engaged in an act of sexually explicit conduct.
Note that 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?
A violation of RCW 9.68A.050 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.
Can a Defendant Raise a Legal Defense?
Yes. You have the right to challenge a charge of dealing in depictions of minors engaged in sexually explicit conduct with a legal defense. A common defense is to show that the person portrayed in any visual or printed matter was not a “minor.” You can also try and prove that the visual or printed matter did not portray any type of sexually explicit conduct.
Note as well that your criminal defense attorney can help you contest a charge by showing that the police somehow violated your rights. Here, your lawyer can try to prove that the authorities:
- 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 dealing in depictions of minors engaged in sexually explicit conduct, 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 child pornography. 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!
