DISTRIBUTING CHILD PORNOGRAPHY
DISTRIBUTING CHILD PORNOGRAPHY UNDER WASHINGTON LAW
RCW 9.68A.050 is the Washington statute that sets forth the law on distributing child pornography. This crime is sometimes referred to as “dealing in depictions of minor engaged in sexually explicit conduct.”
You commit this offense if you either:
- 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.
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 DISTRIBUTING CHILD PORNOGRAPHY
Distributing 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 DISTRIBUTING CHILD PORNOGRAPHY CHARGES
People charged with the crime of distributing child pornography can challenge it with a legal defense. A common defense is for an accused to show that the individual who was in a visual or printed 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.