Seattle Child Pornography Crimes Defense Attorneys

The charges you could be facing vary depending on whether you are charged in state or federal court.

Federal: The most common federal charges we see are Possession and or Distribution of Child Pornography under 18 USC 2252.  Less common would be Production of Child Pornography under 18 USC 2251.

State: The most common charges in state court are:

• Possession of Depictions of a Minor Engaged in Sexually Explicit Conduct
• Dealing in Depictions of a Minor Engaged in Sexually Explicit Conduct
• Viewing of Depictions of a Minor Engaged in Sexually Explicit Conduct

For possession of depictions, there are Four basic things that the State must prove against you in order for you to be found guilty:

1. You POSSESSED the images.  This may sound like a given, but there are potential defenses revolving around possession.  Below are two examples:
   • Someone else has access to the device or cloud service where the images were located, and you were unaware the images were on the device/cloud.
   • For digital images, images can sometimes be inadvertently downloaded and then either deleted and/or stored in some unallocated cache of your computer that you haven’t accessed and wouldn’t know how to access even if you wanted to.
2. The images are in fact of a MINOR (under 18 years old).  Some pictures leave no doubt as to this issue (pre-pubescent), while there is ample doubt with other images that law enforcement tags as depicting minors.  We have had jurors agree on this point at trial.
3. You KNEW the image(s) depict a minor.  Even if the government and/or a juror thinks the image is of someone under 18, the state still must prove that you KNEW the person was under 18.
4. Depict something that qualifies as SEXUALLY EXPLICIT CONDUCT. This is typically a non-issue as it unusual to see a charge move forward without nudity depicted and that is all that’s needed to be considered sexually explicit.

There is not a one size fits all answer to this question as it can vary depending on the exact charge(s) you are convicted of and what your criminal history is, if any.  The table below will give you an idea of the standard sentencing ranges for possession of depictions in the first degree State court.

Despite these standard ranges, there can be an option for alternative sentencing options with a reduction to second degree possession.  There is a lot that goes into sentencing, points, etc. Give us a call to explain fully.

• Possession or Distribution – 15 years
• Production – 25 years

• Possession or Dealing FIRST degree – 15 Years
• Possession or Dealing SECOND degree – 10 years
• Viewing – 10 Years

In both federal and state court, possession of child pornography is a felony offense. In state court possession and dealing in both the first and second degree are class B felonies. Viewing depictions in the first degree is also a class B felony.

Viewing depictions of a minor in the second degree is a class C felony.

The only path to a misdemeanor for any of these charges would be a reduction to Attempted Viewing of a Depictions of a Minor Engaged in Sexually Explicit Conduct in the Second Degree. Of note, if this is combined with a deferred sentence, then your registration as a sex offender requirement in Washington State would be drastically reduced from 10 years to 2.

The federal government can typically claim jurisdiction in these matters as the vast majority of the charges stem from images found online and thus satisfy the interstate or foreign commerce requirements.

That said, there are many cases that could be charged federally that end up getting handled at the state level. Of note, cases can sometimes start by getting charged in state court and then later transferred to federal court.

We can have a better idea of what direction your case may be headed after speaking with you, but we will often not know for sure until after we have spoken with Law Enforcement and/or Prosecutors.

The answer to this varies depending on your particular situation, but there are three universal pieces of advice:

1. Do NOT talk to the police
2. Do NOT talk to anyone else about the situation either as you run the risk of creating witnesses for the government
3. Consult with an Attorney
   
   

From there, we need to hear more about your individual situation to advise your further.  In the meantime, please view our video below on the subject and visit our Under Investigation page.