VIEWING CHILD PORNOGRAPHY
VIEWING CHILD PORNOGRAPHY UNDER WASHINGTON LAW
RCW 9.68A.075 is the Washington statute that sets forth the law on viewing child pornography. This crime is sometimes referred to as “viewing depictions of a minor engaged in sexually explicit conduct.”
You are guilty of this offense if you intentionally view over the internet 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.
Please note that this law does not apply to:
- A minor who intentionally views over the internet visual or printed matter depicting a minor thirteen years of age or older engaged in sexually explicit conduct.
- A person under thirteen years of age who intentionally views over the internet visual or printed matter depicting himself or herself engaged in sexually explicit conduct.
PENALTIES FOR VIEWING CHILD PORNOGRAPHY
Viewing child pornography is a Class C felony under Washington law. The crime is punishable by:
- Custody in state prison for up to 5 years, and/or
- A maximum fine of $10,000.
DEFENSES TO VIEWING CHILD PORNOGRAPHY CHARGES
People charged with the crime of viewing child pornography can challenge it with a legal defense. A common defense is for an accused to show that the individual they viewed on the internet 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.