Washington law says that it’s a crime for any person to agree to exchange money (or anything of value) for sexual contact with a minor. The offense is charged as a serious felony (as opposed to a misdemeanor) and a conviction can result in up to 10 years in state prison. Please contact a skilled criminal defense attorney now if you were charged with any type of crime involving sexual contact with a minor, like enticement of a minor.
How Does Washington Law Define “Commercial Sexual Abuse of a Minor”?
RCW 9.68A.100 is the Washington statute that details the crime of commercial sexual abuse of a minor. According to this law, you are guilty of an offense if you:
- Provide anything of value to a minor or a third person as compensation for the minor to engage in sexual conduct with you,
- Provide or agree to provide anything of value to a minor or a third person pursuant to an understanding that in return the minor will engage in sexual conduct with you, or
- Solicit, offer, or request to engage in sexual conduct with a minor in return for anything of value.
A few definitions here are helpful. For purposes of this statute, a “minor” means any person under the age of 18.
Further, “sexual conduct” means either:
- Sexual intercourse, or
- Any touching of the sexual or other intimate parts of a person that is done for the purpose of gratifying sexual desire of either party or a third party.
What are the Penalties?
Commercial sexual abuse of a minor 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.
In addition, a court may order that:
- The offender remain out of the geographical are in which the offender was arrested, and/or
- The offender’s car gets impounded.
Can a Defendant Raise a Legal Defense?
Yes. You have the right to challenge a commercial sexual abuse of a minor charge with a legal defense. A common defense is to show that the “victim” was not a minor. Depending on the facts of the case, though, you could still face other charges, like promoting prostitution.
Your criminal defense attorney can also help you contest a charge by showing that the police somehow violated your rights. Here, depending on the facts of your case, 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.
Note that while consent is often a valid defense to certain sex crimes, you cannot raise the defense that a minor consented to the sexual conduct to challenge a commercial sexual abuse of a minor charge.
Contact Black & Askerov for Help
While a defendant can raise a legal defense to challenge a charge of commercial sexual abuse of minor, it will take a skilled criminal defense attorney to raise the best defense. The experienced criminal defense attorneys at Black & Askerov have over 30 years of combined experience defending clients on various charges involving sexual contact with a minor . Our Seattle criminal defense lawyers also have the skill and commitment that makes all the difference in these cases. Contact us now to get the legal help you deserve!
