In the digital age, it’s easier than ever to stumble upon disturbing or illegal content online – sometimes without meaning to. But what happens if you accidentally view child pornography in Washington State? Could you still be charged with a crime? The answer depends on your intent, your actions after realizing what you saw, and what prosecutors can prove.
Understanding the Law: RCW 9.68A.070
Under RCW 9.68A.070, the Washington statute that sets forth the law on viewing child pornography, it’s a felony in Washington to knowingly view, possess, or distribute depictions of minors engaged in sexually explicit conduct.
The keyword here is knowingly. Prosecutors must prove beyond a reasonable doubt that you intentionally accessed or possessed the material.
In other words, simply encountering illegal content (that is accidentally, without seeking it out or saving it) does not automatically make you guilty.
What Counts as “Accidental Viewing”?
Accidental viewing can happen in several ways. These include when:
- A misleading website link or pop-up opens without your consent,
- Someone sends you an unsolicited file or email with pornographic images,
- A legal adult site mislabels or includes illegal content, and
- You click on a video or image not knowing what it contains.
If you immediately close the page, delete the file, and don’t attempt to access similar content again, that behavior can show lack of intent, which is critical to your defense.
“Lack of intent” is essentially saying that you encountered the child pornography on accident.
What Prosecutors Look For
Even though the law requires knowledge and intent, prosecutors often rely on digital evidence to infer intent.
This evidence may include search history and keywords, file names or folder organization, frequency of visits to certain sites, and whether content was downloaded or saved.
If your computer contains files in hidden folders, repeat visits to the same sites, or use of anonymizing software, prosecutors might argue those facts show you knew what you were accessing.
What to Do If You Accidentally Viewed Illegal Content
If you accidentally encounter illegal material, you should do the following to avoid facing criminal charges:
- Do not share or forward it. Sending it to anyone else can be considered distribution.
- Do not attempt to delete system logs or wipe your device. That can look like tampering or destruction of evidence.
- Stop using the device and contact an attorney immediately. A criminal defense lawyer can help you navigate your rights and communicate with law enforcement if needed.
Contact Black & Askerov for Help
While a defendant can raise a legal defense to challenge a charge of viewing child pornagrophy, 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 these types of charges. 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!
