Possessing, distributing, or producing child pornography are all felony offenses in Washington. However, each is treated differently based on the severity of the conduct. Understanding the distinctions can have a major impact on how charges are filed, defended, and resolved.
In this article, we’ll talk a bit about each one of them and explain how they differ and how the Washington courts tend to handle them.
Possession
Possession of child pornography refers to knowingly having explicit material involving minors. This could include images or videos stored on a personal computer, smartphone, flash drive, or online account. Under Washington law, possession is a Class B felony, and the presence of even one file can result in criminal charges.
Possession charges often arise from routine online investigations or tips submitted to law enforcement. In many cases, police uncover these materials through IP tracking or forensic reviews during unrelated investigations.
Distribution
Distribution is a more serious offense and occurs when someone shares child pornography with another person, whether online, via email, or through file-sharing platforms. Each transmission may be treated as a separate charge, and penalties may increase significantly when multiple files or recipients are involved.
Distribution doesn’t require money to change hands. Sending or posting a file is enough. Courts often treat distribution as a more deliberate act than possession, which can lead to longer prison sentences and stricter conditions if convicted.
Production
Production is the most severe charge and typically involves creating, directing, or encouraging the creation of illegal content. In Washington, this falls under the offense of sexual exploitation of a minor.
The penalties are harsh, whether someone took the images themselves, arranged for them to be taken, or coerced a minor into appearing in them.
Federal charges often accompany production cases, and sentences can stretch well beyond a decade, especially if multiple victims or files are involved. Judges generally have little room to be lenient in these cases.
Penalties and Consequences
Each of these offenses carries life-changing consequences, including:
- Long-term or life imprisonment
- Mandatory sex offender registration
- Restrictions on internet use, employment, and housing
- Loss of social standing and future opportunity
Many defendants face multiple charges for different categories—possession, distribution, and production—based on the same set of evidence. This makes an experienced legal defense even more important.
Take Immediate Action
If you are under investigation or facing charges, do not attempt to explain yourself to law enforcement. Instead, speak with a lawyer immediately. Early action can improve the outcome of your case.
Contact Scott Lawrence for a confidential consultation.
The content in this article does not constitute legal advice and is provided for informational purposes only. If you are facing criminal charges or have legal concerns, consult directly with a qualified attorney to discuss the specifics of your situation.
