CREATING CHILD PORNOGRAPHY
CREATING CHILD PORNOGRAPHY UNDER WASHINGTON LAW
RCW 9.68A.040 is the Washington statute that defines the crime of creating child pornography, sometimes referred to as “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.
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 CREATING CHILD PORNOGRAPHY
Creating 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.
A conviction of this crime could also result in you having to register as a sex offender.
DEFENSES TO CREATION OF CHILD PORNOGRAPHY CHARGES
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.