Facing an accusation of possessing or viewing child pornography is one of the most serious and life-altering criminal allegations someone can encounter, especially when the material is found on an employer-issued laptop. In Washington, prosecutors aggressively pursue these cases, and the involvement of company property adds layers of complexity. If you or someone you know is under investigation, it’s critical to understand your rights, what the state must prove, and how a defense attorney can protect you.
Washington’s Child Pornography Laws
Under Washington law (RCW 9.68A), it is a felony (as opposed to a misdemeanor) to possess, view, or distribute images or videos that depict a minor engaged in sexually explicit conduct. Penalties can include:
- Years in state prison,
- Mandatory sex offender registration,
- Loss of employment and professional licenses,
- Heavy fines, and
- Long-term restrictions on technology use.
When the alleged conduct occurs on a company device, these consequences can carry significant collateral damage, including workplace investigations, termination, and reputational harm.
Why Company-Owned Devices Complicate These Charges
The most common reasons why Washington child pornography cases grow more complex when a company-owned computer is involved include the following:
- Multiple people may have access – Company laptops are often used by different employees over time or may have remote access enabled for IT staff. This can raise real questions about who actually downloaded or viewed the material.
- Automatic syncing and cloud storage – Many employers use automated systems that sync files, browser data, or downloads. Sometimes material can appear on a device without intentional acts by the current user.
- Malware and unauthorized access – Viruses, pop-ups, and remote intrusions can result in illegal files being downloaded without the user’s knowledge. Digital forensics becomes essential in determining whether the user intentionally viewed or saved the content.
- Company monitoring and internal investigations – Employers often conduct their own internal investigations before contacting law enforcement. These investigations may misinterpret technical data, fail to preserve evidence correctly, and/or violate privacy or create chain-of-custody issues
A skilled criminal defense attorney can request and review these internal findings to identify weaknesses.
What Prosecutors Must Prove
The prosecution in these cases must show knowing possession or viewing of unlawful images.
On a shared or company-issued device, this becomes challenging and key questions include:
- Who had physical or remote access to the laptop?
- Were the files intentionally downloaded or automatically saved?
- Were the images viewed purposefully or triggered by malware or ads?
- Does the forensic evidence show deliberate behavior or accidental clicks?
These cases often hinge on technical details, like browser logs, metadata, timestamps, and access logs.
What to Do If You Are Under Investigation
If your employer has questioned you or law enforcement has contacted you, you should do the following:
- Do not speak to police without an attorney present – Even innocent explanations can be used against you.
- Do not give consent to search additional devices or accounts.
- Contact a Washington criminal defense attorney immediately. Early representation can drastically impact the outcome of your case.
- Avoid discussing the situation with coworkers or supervisors.
Every statement you make can become evidence.
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!
