POSSESSING CHILD PORNOGRAPHY
POSSESSING CHILD PORNOGRAPHY UNDER WASHINGTON LAW
RCW 9.68A.070 is the Washington statute that sets forth the law on possessing child pornography. This crime is also known as “possession of depictions of a minor engaged in sexually explicit conduct.”
You are guilty of this crime if you knowingly possess a visual or printed matter depicting a minor engaged in sexually explicit conduct.
For purposes of this statute, a “minor” is any person under the age of 18.
Further, “sexually explicit conduct” means actual or simulated:
- Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex or between humans and animals,
- Penetration of the vagina or rectum by any object,
- Masturbation,
- Sadomasochistic abuse, or
- Defecation or urination for the purpose of sexual stimulation of the viewer.
PENALTIES FOR POSSESSING CHILD PORNOGRAPHY
Possessing child pornography 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.
DEFENSES TO POSSESSION OF CHILD PORNOGRAPHY CHARGES
People charged with the crime of possessing child pornography can challenge it with a legal defense. A common defense is for an accused to show that the individual depicted in any printed or visual matter was not a minor. You can also attempt to show that the minor in a given visual or printed matter was not engaged in “sexually explicit conduct.”
Further, your criminal defense attorney can try to prove that the police somehow violated your rights. For example, maybe the authorities:
- Arrested you without probable cause,
- Coerced a confession, or
- Conducted an unlawful search and seizure.
Either of these would result in a judge reducing or dismissing your charges.
It is important to keep in mind that every case is different and the attorneys at Black & Askerov can craft a legal defense that matches the specific facts of your case. They have long experience in doing just that.