COMMERCIAL SEXUAL ABUSE OF A MINOR
COMMERCIAL SEXUAL ABUSE OF A MINOR (CSAM) UNDER WASHINGTON LAW
RCW 9.68A.100 is the Washington statute that sets forth the law on commercial sexual abuse of a minor (CSAM). A person commits this offense if he or she either:
- Provides anything of value to a minor or third person as compensation for the minor to engage in sexual conduct with the person,
- Provides or agrees to provide anything of value to a minor or third person pursuant to an understanding that, in return, the minor will engage in sexual conduct with the person, or
- Solicits, offers, or requests to engage in sexual conduct with a minor in return for anything of value.
Note that it is not a defense to this crime for a defendant to show that the minor consented to have sex.
Further, for purposes of this statute, “sexual conduct” means:
- sexual intercourse, or
- sexual contact.
PENALTIES FOR SEXUAL ABUSE OF A MINOR
Prosecutors typically charge CSAM as a class B felony. A class B felony is punishable by:
- custody in state prison for up to 10 years, and/or
- a maximum fine of $20,000.
Note that penalties can grow even more severe if someone is a repeat offender of CSAM or has a criminal history involving a different crime.
Further, please keep in mind that people convicted of CSAM will have to face the unpleasant consequence of registering as a sex offender, usually for 10 years or oven longer.
DEFENSES TO SEXUAL ABUSE CHARGES
People charged with this crime can challenge it with a legal defense. A common defense is for a defendant to show that his/her case did not involve a minor. Depending on the facts, though, you could still face other criminal charges.
A separate defense is to show that you were entrapped. Entrapment is a common legal defense when people are arrested following an undercover sting. The defense asserts that you only committed a crime because the police lured you into doing so.
You can also always raise a defense that authorities violated one of your constitutional rights. For example, you might show that the police coerced a confession. If so, you might be able to get your criminal charges reduced or even dropped.