A charge of possessing child pornography in Washington is a serious offense with severe legal consequences. However, being accused does not automatically mean a conviction—don’t give up.
Understanding the legal defenses helps you build a strong case.
Washington Laws on Child Pornography Possession
Washington law prohibits the possession, distribution, and creation of sexually explicit images of minors.
Under RCW 9.68A, possessing child pornography is a felony, and penalties may include:
- Lengthy prison sentences
- Fines reaching thousands of dollars
- Mandatory sex offender registration
- Restrictions on employment and internet use
The right defense strategy is acute because of the severe nature of these charges.
Legal Defenses Against Child Pornography Charges
Every case is unique, and the appropriate defense depends on the facts. Some common defenses include:
Lack of Knowledge or Intent
The prosecution must prove that the accused knowingly possessed illegal content.
If the material was downloaded automatically or appeared due to a virus or hacking, lack of intent can be a defense.
Accidental downloads through pop-ups, malware, or bulk downloads may support this claim.
Unlawful Search and Seizure
Law enforcement must follow strict Fourth Amendment procedures when seizing computers, phones, or storage devices.
If officers conduct a search without a valid warrant or probable cause, the evidence may be inadmissible in court.
Mistaken Identity or Hacking
Shared devices, public Wi-Fi, or hacked accounts can lead to wrongful accusations.
Digital forensics may help prove that someone else used the accused’s internet connection or device.
Altered or Misidentified Content
Some images may appear illicit but do not actually depict minors. If the prosecution’s evidence relies on unclear or manipulated images, a forensic expert may challenge its authenticity.
Entrapment by Law Enforcement
This could be a valid defense if law enforcement induced or pressured an individual into committing an offense they would not have otherwise committed.
Courts examine whether the defendant was predisposed to commit the alleged crime or was unfairly targeted.
What to Do If You Are Accused
Do Not Speak to Law Enforcement Without an Attorney
Remember that anything said to investigators can be used as evidence.
Politely decline to answer questions and request legal representation immediately.
Preserve Digital Evidence
Do not delete or modify any files, as this could be interpreted as destruction of evidence.
A forensic expert may analyze devices to prove that files were not intentionally possessed.
Consult a Criminal Defense Attorney
An experienced attorney can evaluate the charges, examine the prosecution’s evidence, and build a strong defense.
Legal counsel can negotiate for reduced charges or dismissal if flaws exist in the case.
Protecting Your Rights and Future
A charge of possessing child pornography carries significant legal and personal consequences. However, legal defenses exist, and an accusation does not guarantee a conviction.
Contact Scott Lawrence of Snohomish Law immediately if you or a loved one is facing child pornography charges.
Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship.
