CREATING CHILD PORNOGRAPHY

CREATING CHILD PORNOGRAPHY UNDER WASHINGTON LAW

RCW 9.68A.040 is the Washington statute that defines the crime of creating child pornography, sometimes referred to as “sexual exploitation of a minor.” Per this law, you commit an offense if you:

  • Compel a minor by threat or force to engage in sexually explicit conduct, knowing that such conduct will be photographed or part of a live performance,
  • Aid, invite, employ, authorize, or cause a minor to engage in sexually explicit conduct, knowing that such conduct will be photographed or part of a live performance, or
  • Being a parent, legal guardian, or person having custody or control of a minor, permit the minor to engage in sexually explicit conduct, knowing that such conduct will be photographed or part of a live performance.

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.
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PENALTIES FOR CREATING CHILD PORNOGRAPHY

Creating 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.

A conviction of this crime could also result in you having to register as a sex offender.

DEFENSES TO CREATION OF CHILD PORNOGRAPHY CHARGES

You have the right to challenge a sexual exploitation of a minor charge with a legal defense. Recall that you are only guilty of this offense if you had knowledge that the alleged sexual conduct was being photographed or used as part of a live performance. A defense, therefore, is to show that you did not have this knowledge.

Your criminal defense attorney can also help you contest a charge by showing that the police somehow violated your rights. Here, 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.

HOW CAN WE HELP YOU?

We serve clients throughout Washington including those in the following localities: King County including Bellevue, Kent, and Seattle; Benton County including Kennewick; Chelan County including Wenatchee; Clallam County including Port Angeles; Grays Harbor County including Aberdeen; Kitsap County including Port Orchard; Kittitas County including Ellensburg; Pierce County including Tacoma; Skagit County including Mount Vernon; Snohomish County including Everett; Spokane County including Spokane; Thurston County including Olympia; Whatcom County including Bellingham; and Yakima County including Yakima.

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