Child Pornography Defense: State Court

Child Pornography Charges in Washington

The fastest growing areas of criminal prosecution in this country today involve Internet sex crimes and the downloading, possession, sale or distribution and production of child pornography. Every day there are local, state, and federal law enforcement agencies investigating the downloading of child pornography and arresting those they discover with these images. With the amount of government funding available for these initiatives, we see more and more people caught up in enforcement actions and facing charges in state and federal courts. If you have been arrested or investigated on a charge involving child pornography, you need strong legal advocacy and knowledgeable advice from an experienced lawyer. At the Meryhew Law Group we have over two decades of experience working with clients facing these very serious charges. Contact one of our child pornography lawyers today for a free initial consultation.

Seattle Child Pornography Lawyers

Arrests for child pornography typically begin with a search warrant served at a person’s home or business and the seizure of computers, external hard drives, cameras, phones, etc. These can be traumatic events that take several hours and can result in the arrest of the homeowner. Then there is often a wait of weeks or months before this equipment is examined and you know whether charges will be filed, and whether the charges will be in state or federal court. This is an uncertain and difficult process, and the time spent waiting can be very hard on a person, but there are several things you can do to help yourself during this time. If you have been accused of being in possession of child pornography, distributing child pornography or producing child pornography it is critical that you speak to an experienced sex crimes attorney as soon as possible. There are serious mistakes that can be made if you attempt to handle this on your own, and opportunities that can be missed to improve your chances of a favorable outcome. Do not wait until you are charged to begin working with an attorney who truly understands these cases.

False Allegations of Child Pornography

In order for someone to be found guilty of possession of child pornography the government must prove that they were knowingly in possession of these images, or that they intentionally viewed these images on the internet. There are many defenses to the charge based on images that are on your computer but not known to you such as pop-ups, unopened spam email, deleted mail that was never used, etc. In other cases, computers have been “hijacked” without the owner’s knowledge and used as relay stations for the transmission of child pornography. Sometimes the images come from sites where only adults are depicted that are not illegal at all. Proving that the images on your device(s) were unknown to you and that you did not “knowingly” possess these materials is challenging, and often requires the use of seasoned experts in compute forensics to aid the defense team. If you have been falsely accused of a sex crime involving child pornography contact The Meryhew Law Group, PLLC today at 206-264-1590 for a free initial consultation.

Guilty? What if You Did Download Child Porn?

Sometimes people make mistakes and in a weak moment they go places on the Internet, and view things on the Internet, that they know they should not have viewed. And with an increasingly more vigilant effort by Internet service providers, the government discovers those mistakes. Perhaps an image was unwittingly uploaded to the Cloud or a phone web site and identified by the ISP. The government maintains a database of known contraband images, and if someone sends or received one of those images the ISP will typically report that to the government in the form of a Cyber Tip to the National Center for Missing and Exploited Children. NCMEC then helps local law enforcement locate the person or IP address that was involved, and a search warrant is sought.

The potential consequences to you are severe, but there are ways to mitigate and negotiate these cases so that you do not spend a long time in prison. You need advice from a child pornography attorney who can recommend a sexual deviancy evaluator, who can prepare you effectively to participate in that evaluation, and who can help you find a treatment program that will help keep you out of prison. You need a lawyer who can understand your situation and communicate that to the Prosecutor. Without experienced counsel assisting you based on your situation the chances of a good outcome are greatly reduced. You need experienced and aggressive counsel, and this is just as true when you are guilty as when you are innocent.

The important thing to remember is that our child pornography defense attorney will never judge you or intentionally try to make you feel bad about yourself. We are here to help those who have engaged in sexual misconduct achieve a healthier and safer life, and to help our clients rebuild their lives. We believe in the power of redemption and help our clients find a path to a healthier and happier life.

Washington State Law Regarding Child Pornography

What does the government have to prove in order for you to be found guilty of Possession, Viewing or Dealing of child pornography?

Under the Revised Code of Washington (RCW) 9.68A.070 Possession of depictions of minor engaged in sexually explicit conduct is divided into two degrees.

Possession of Depictions of Minors Engaged in Sexually Explicit Conduct in the First Degree:

(1)(a) A person commits the crime of possession of depictions of a minor engaged in sexually explicit conduct in the first degree when he or she knowingly possesses a visual or printed matter depicting a minor engaged in sexually explicit conduct as defined in RCW 9.68A.011(4) (a) through (e).

(b) Possession of depictions of a minor engaged in sexually explicit conduct in the first degree is a class B felony punishable by a minimum of 12 – 14 months in prison for a single count followed by three years of Community Custody or Probation. Multiple counts can be sentenced up to 10 years in prison.

Sexually Explicit Conduct, for a First Degree Possession charge, means:

1. 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;
2. Penetration of the vagina or rectum by any object;
3. Masturbation;
4. Sadomasochistic abuse;
5. Defecation or urination for the purpose of sexual stimulation of the viewer;

Possession of Depictions of Minors Engaged in Sexually Explicit Conduct in the Second Degree:

A person commits the crime of possession of depictions of a minor engaged in sexually explicit conduct in the second degree when he or she knowingly possesses any visual or printed matter depicting a minor engaged in sexually explicit conduct as defined in RCW 9.68A.011(4) (f) or (g).

Possession of depictions of a minor engaged in sexually explicit conduct in the second degree is a class C felony punishable by a minimum of 3 – 9 months in the County Jail followed by one year of Community Custody or Probation. Multiple counts can be sentenced up to five years in prison.

Sexually Explicit Conduct, for a Second Degree charge, means:

1. Depiction of the genitals or unclothed pubic or rectal areas of any minor, or the unclothed breast of a female minor, for the purpose of sexual stimulation of the viewer. For the purposes of this subsection (4)(f), it is not necessary that the minor know that he or she is participating in the described conduct, or any aspect of it; and
2. Touching of a person’s clothed or unclothed genitals, pubic area, buttocks, or breast area for the purpose of sexual stimulation of the viewer.

Even the mere depiction of a child’s unclothed genitals, pubic area, buttocks of breast can be sufficient to meet the test of “sexually explicit conduct” if the picture is deemed to be for the purposes of the sexual stimulation of the viewer. Depending on the intent of the person viewing the material, even the candid shots of your own children in the bathtub might meet this definition.

Viewing Depictions of Minors Engaged in Sexually Explicit Conduct.

Under the Revised Code of Washington (RCW) 9.68A.075 Viewing of depictions of minor engaged in sexually explicit conduct is also divided into two degrees.

Viewing Depictions of a Minor Engaged in Sexually Explicit Conduct in the First Degree:

A person who intentionally views over the internet visual or printed matter depicting a minor engaged in sexually explicit conduct as defined in RCW 9.68A.011(4) (a) through (e) is guilty of viewing depictions of a minor engaged in sexually explicit conduct in the first degree.

This is a class B felony punishable by a minimum of 3 – 9 months in the county jail followed by one year of Community Custody or Probation. Multiple counts can be sentenced up to 10 years in prison.

The sexually explicit conduct for Viewing in the First Degree is the same as that required for a First Degree Possession charge (above).

Viewing Depictions of a Minor Engaged in Sexually Explicit Conduct in the Second Degree:

A person who intentionally views over the internet visual or printed matter depicting a minor engaged in sexually explicit conduct as defined in RCW 9.68A.011(4) (f) or (g) is guilty of viewing depictions of a minor engaged in sexually explicit conduct in the second degree.

This is a class C felony punishable by 0 – 12 months in the county jail followed by one year of Community Custody or Probation. Multiple counts can be sentenced up to five years in prison.

The sexually explicit conduct for Viewing in the Second Degree is the same as that required for a Second Degree Possession charge (above).

Dealing in Depictions of Minors Engaged in Sexually Explicit Conduct

To be charged with Dealing in Depictions it is not necessary that you sell the images or charge any money for them, or even that you intentionally send them to another person. Washington law deems an upload or transfer of images from one place to another “Dealing” in those depictions, with even more serious consequences.

Dealing in Depictions of Minors Engaged in Sexually Explicit Conduct in the First Degree.

A person eighteen years of age or older commits the crime of dealing in depictions of a minor engaged in sexually explicit conduct in the first degree when he or she:


(i) Knowingly develops, duplicates, publishes, prints, disseminates, exchanges, finances, attempts to finance, or sells a visual or printed matter that depicts a minor engaged in an act of sexually explicit conduct as defined in RCW 9.68A.011(4) (a) through(e); or


(ii) Possesses with intent to develop, duplicate, publish, print, disseminate, exchange, or sell any visual or printed matter that depicts a minor engaged in an act of sexually explicit conduct as defined in RCW 9.68A.011(4) (a) through (e).

Dealing in depictions of a minor engaged in sexually explicit conduct in the first degree is a class B felony punishable by 15 to 20 months in prison for a single count and up to 116 months in prison for multiple counts.

Dealing in Depictions of Minors Engaged in Sexually Explicit Conduct in the Second Degree.

A person eighteen years of age or older commits the crime of dealing in depictions of a minor engaged in sexually explicit conduct in the second degree when he or she:

(i) Knowingly develops, duplicates, publishes, prints, disseminates, exchanges, finances, attempts to finance, or sells any visual or printed matter that depicts a minor engaged in an act of sexually explicit conduct as defined in RCW 9.68A.011(4) (f) or (g); or

(ii) Possesses with intent to develop, duplicate, publish, print, disseminate, exchange, or sell any visual or printed matter that depicts a minor engaged in an act of sexually explicit conduct as defined in RCW 9.68A.011(4) (f) or (g).

Dealing in depictions of a minor engaged in sexually explicit conduct in the second degree is a class B felony punishable by 6 to 12 months in jail for a single count and up to 96 months in prison for multiple counts.

Contact a Seattle Child Pornography Defense Attorney Today!

The The Meryhew Law Group, PLLC represents clients throughout greater western Washington. Call us at 206-264-1590 or Contact our experienced child pornography attorney today to schedule a free initial consultation.