Washington Child Pornography Defense

Child pornography charges have become increasingly complex, often involving sophisticated technology, shared devices, and questions of knowledge and intent. Unfortunately, being accused of this crime lacks the same nuance. 

The public and even law enforcement often rush to judgment, viewing accusations as proof of guilt and treating the accused as criminals before any evidence is examined. If you are facing child pornography charges in Washington, here is what you need to know about how a sex crime defense lawyer in Tacoma can help defend your rights.

What Are Washington’s Child Pornography Laws?

Washington state law categorizes child pornography offenses into multiple charges, each carrying distinct elements and penalties. The primary charges include Possession, Viewing, and Dealing in depictions of minors engaged in sexually explicit conduct, with each divided into first and second degrees:

• Possession of Depictions of Minors Engaged in Sexually Explicit Conduct: This crime involves knowingly possessing visual or printed matter depicting a minor engaged in sexually explicit conduct. First-degree charges apply to severe content like sexual intercourse and penetration, while second-degree charges involve depictions of unclothed minors or touching for sexual stimulation.
• Viewing Depictions of Minors Engaged in Sexually Explicit Conduct: This crime involves intentionally viewing digital or printed matter depicting a minor engaged in sexually explicit conduct. Like possession charges, it is divided into first and second degrees based on the nature of the content viewed.
• Dealing in Depictions of Minors Engaged in Sexually Explicit Conduct: This crime involves knowingly developing, duplicating, publishing, printing, disseminating, exchanging, financing, or selling visual or printed matter depicting minors engaged in sexually explicit conduct.

Potential Penalties and Consequences of a Child Porn Conviction

Child pornography charges in Washington carry severe legal consequences. For example, first-degree possession charges typically result in 12 to 14 months of prison time, while multiple counts can lead to up to 10 years. Second-degree possession usually carries three to nine months in county jail.

Beyond incarceration, people convicted of child porn charges may face mandatory registration as a sex offender, lengthy probation periods, and restrictions on internet use and contact with minors. These consequences can affect employment, housing, and personal relationships for years to come.

Common Defense Strategies in Child Pornography Cases

If you are accused of child pornography-related charges in Washington, you have the right to defend yourself and your freedom. A criminal defense lawyer can build a robust defense based on several legal theories.

For example, law enforcement must follow strict protocols when gathering evidence. Any violation of your rights through improper search and seizure procedures can lead to evidence being ruled inadmissible in court.

Modern cyberthreats like malware, viruses, and unauthorized access can place illegal content on devices without the owner’s knowledge or consent. If this happened to you, your attorney can help prove the possession was unintentional through detailed forensic analysis and expert testimony.

You could also challenge whether the material actually constitutes child pornography under the law. This may involve proving the subjects were not minors or questioning whether the content meets the legal definition of sexually explicit conduct.

Contact a Washington Criminal Defense Attorney Immediately

Mark S. Treyz brings years of experience defending against child pornography charges, challenging evidence, and protecting his clients’ constitutional rights. With your life and freedom at stake, you cannot afford to wait. Contact The Law Offices of Mark S. Treyz at (253) 272-8666 immediately to begin building your defense.