Washington law says that you are guilty of possessing child pornography in the second degree if you knowingly possess a visual or printed matter depicting a minor engaged in sexually explicit conduct. The crime is charged as a felony offense (as opposed to a misdemeanor), and a conviction can lead to a decade behind bars. Please note that while possessing child pornography in the first degree is also a serious felony, it is a separate and distinct crime than possession in the second degree.  Contact a skilled criminal defense attorney now if you are facing any type of child pornography charge in Washington State.

How Does Washington Law Define Possessing Child Pornography in the Second Degree?

RCW 9.68A.070(2)(a) is the Washington statute that sets forth the law on second degree possession of child pornography. Per this statute, you are guilty of a crime if you knowingly possess a visual or printed matter depicting a minor engaged in sexually explicit conduct.

For a second degree charge, “sexually explicit conduct” includes:

  • A depiction of a minor’s genitals or unclothed pubic or rectal area, or the unclothed breast of a female minor, or
  • Touching of a person’s clothed or unclothed genitals, pubic area, buttocks, or breast area for the purpose of sexual stimulation of the viewer.

Note that for purposes of this statute, a “minor” is any person under the age of 18.

What are the Penalties?

Possessing child pornography in the second degree is 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.

Can a Defendant Raise a Legal Defense?

People charged with the crime of possessing child pornography can challenge it with a legal defense. A common defense is for you to show that the person in the visual or printed material that you had was not a minor, but rather someone older than 18 years of age. You can also try to show that the minor in a given visual or printed matter was not engaged in “sexually explicit conduct.”

Further, your criminal defense attorney can attempt to prove that the authorities somehow violated your rights. For example, it could be the case that the authorities:

  • Arrested you without probable cause,
  • Coerced your confession, or
  • Conducted an unlawful search and seizure.

If any of these are true, your defense lawyer can move to have your charges reduced or dismissed.

Contact Black & Askerov for Help

While a defendant can raise a legal defense to challenge a charge of possessing child pornography, 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 child pornography 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!