Child Pornography Defense Attorney
Defending Against Accusations of Child Pornography Offenses in Washington
Facing accusations of child pornography offenses, whether in state or federal court, is a terrifying experience. The potential consequences of a conviction are severe, including lengthy prison sentences, mandatory sex offender registration, and the stigma associated with these crimes.
If you find yourself under investigation or charged with a child pornography crime, it is crucial to seek the guidance of an experienced criminal defense attorney who understands the complexities of these cases.
At Marshall & Saunders, we have extensive experience defending clients accused of child pornography offenses in both state and federal courts. Our team of skilled lawyers understands the technical nuances of these cases and works closely with leading computer forensics experts to develop effective defense strategies tailored to each client's unique circumstances.
What Are Child Pornography Offenses?
The Essence of Child Pornography Accusations
Under Washington state law, it is illegal to knowingly possess, produce, or distribute any visual or printed matter depicting a minor engaged in sexually explicit conduct.
Federal child pornography laws similarly prohibit the production, distribution, reception, and possession of any image of child pornography that has been mailed, shipped, or transported in interstate or foreign commerce, including by computer.
Child pornography laws have become increasingly complex and harsh in recent years, with even first-time offenders facing the possibility of mandatory minimum sentences.
Navigating the Complex Web of Child Pornography Laws
Understanding the changing child pornography laws is crucial for your defense:
- Federal offenses: These range from possession to production of child pornography, and “production” can include an adult asking a teen for a sexual selfie. Production of child pornography carries a 15-year mandatory minimum.
- State vs. federal cases: State laws are similar but often lack mandatory minimums.
- Double jeopardy is allowed: Both state and federal prosecutors can charge you for the same act. This is due to the “dual sovereignty” doctrine of federal and state law.
Prosecutors may threaten federal charges to pressure a state-level guilty plea. Having a lawyer with experience defending against child pornography charges can help you achieve the best possible outcome in your case.
Penalties for Child Pornography Convictions
Child pornography offenses are classified in Washington law as "sex offenses." This means that, often, persons convicted of them must register as sex offenders.
Federal law permits children depicted in pornography to collect huge sums through lawsuits against persons who possessed their images. At Marshall & Saunders, we have experience defending against civil claims as well as against criminal charges.
Other Consequences of a Child Pornography Conviction
A child pornography conviction impacts far more than your freedom. Beyond prison time and fines, you'll face strict limitations on where you can live and work. Most employers conduct background checks, and many professions will be closed to you.
Courts often restrict internet and computer use, making it difficult to work in today's digital world. Additionally, federal law allows victims to sue for substantial monetary damages, potentially leading to financial devastation.
Even "Children" Can Be Convicted of Child Pornography Crimes
In Washington State, the age of consent to sexual intercourse is 16. It is generally legal for an adult to have sex with a 16-year-old. But if the 16-year-old allows the adult to take a nude photo, the adult commits the crime of production of child pornography — even if the photo is never shown to anyone.
If the 16-year-old takes a nude picture of their own body (without any encouragement by the adult), the adult commits the crime of possession of child pornography when that picture is knowingly received.
Another concern is the Washington crime of communication with a minor for immoral purposes. Any sexual communication with a person under 18 can constitute that crime. This is true even if the person who sends the communication is also under 18. When the communication is done electronically, it is typically charged as a felony.
Autism and Child Pornography
People with Autism Spectrum Disorder (ASD) are not any more likely to commit a sexual offense than anyone else. But there is data that suggests that people with ASD are overrepresented in the criminal legal system, and that they are more likely to falsely confess. This may be because they are often seriously misunderstood by attorneys and other actors in the legal system, especially in the context of child pornography charges. We’re proud that we have helped people with ASD and their families navigate criminal charges with skill and empathy.
Get a Confidential Case Evaluation from a Skilled Child Pornography Attorney
Our attorneys understand the fear and uncertainty you're experiencing. Let our team put their experience to work for you. We're here to listen to you, guide you, and fight for your rights every step of the way.
Key Challenges in Defending Against Child Pornography Allegations
Defending against child pornography charges presents unique challenges that require the skill and experience of a knowledgeable criminal defense attorney. Some of the key issues we encounter in these cases include:
Proving Possession and Intent
To secure a conviction, prosecutors must prove that the defendant knowingly possessed or accessed the illegal images. However, the presence of child pornography on a computer does not necessarily mean the owner is guilty. Issues of accidental or unknowing possession, pop-up ads, viruses, and hacking can all raise doubts about the defendant's intent and control over the material.
Challenging the Search and Seizure
Law enforcement officers must follow strict constitutional guidelines when conducting searches and seizing evidence. If the police violated the defendant's Fourth Amendment rights by conducting an illegal search or exceeding the scope of a search warrant, any evidence obtained as a result may be inadmissible in court.
Navigating the Sentencing Guidelines
Even in cases where a conviction cannot be avoided, an experienced child pornography lawyer can make a significant difference in the outcome by advocating for a more lenient sentence. By presenting mitigating factors and challenging any improper sentencing enhancements, a skilled attorney may be able to minimize the impact of the sentencing guidelines.
Potential Defenses Against Child Pornography Charges
While every case is unique, there are several common defenses that may apply in child pornography cases:
Lack of Knowledge or Intent
If the defendant was unaware of the presence of the illegal images or did not intend to possess them, this may serve as a defense.
Accidental or Inadvertent Possession
In some cases, child pornography may be accidentally downloaded through pop-up ads, viruses, or other means outside the defendant's control.
Vengeful Spouses
Some wives who are angry with their husbands have planted child pornography on their husbands’ computers to frame them.
Entrapment
In rare cases, if law enforcement officials coerced or induced the defendant to commit a crime they otherwise would not have committed, an entrapment defense may apply.
Word from a Client We Helped
Wonderful, compassionate people who work hard for the best result. They were also excellent stewards of my financial resources. Can't recommend them highly enough.
You Don't Have to Face Child Pornography Accusations Alone
If you are under investigation or facing charges for a child pornography offense, you may feel overwhelmed, frightened, and unsure of where to turn. We understand these feelings, and we’re here to help you.
Let the experienced child pornography lawyers at Marshall & Saunders provide the skilled, compassionate representation you need to protect your rights and future.
You'll Be Defended by Experienced Attorneys
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David S. Marshall
Attorney- Focused on defending individuals accused of sex crimes, child abuse, and domestic violence for more than 25 years
- Lectures other attorneys on trial advocacy techniques
- Sought out by accused individuals up and down the West Coast
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Joshua R. Saunders
Attorney | Of Counsel- Impressive record of trial victories, including acquittals in cases of child molestation, child abuse, domestic violence, manslaughter, and others
- Over a decade of experience as a supervisor for other attorneys in public defense
- Has handled over 3,000 cases as a criminal defense lawyer
Our Process for Defending Against Child Pornography Charges
We know you're feeling overwhelmed and scared. Facing child pornography charges can feel like your whole world is crumbling. But you're not alone in this. Here’s why we’re your strongest choice:
Judgment-Free ListeningFirst, we sit down with you in a safe space and listen to you, your fears, and your hopes without judgment.
Thorough InvestigationsWe scrutinize every detail of your case to discover holes in the prosecution's story or evidence that your rights were violated.
Help Navigating the Legal MazeState law, federal law — we'll be your guides through the confusion, helping you understand each step and decision.
Your Voice in CourtIf we go to trial, we're your fierce advocates, making your case clear and compelling.
Sentencing MitigationAssuming conviction is unavoidable, we’ll argue for lenient sentencing and alternative penalties focused on treatment and rehabilitation.
Post-Conviction ReliefIf you need help after a conviction, we're skilled in appeals and other avenues to post-conviction relief. This includes petitioning the court to clear your record when the time is ripe.
Why Choose Marshall & Saunders for Your Child Pornography Case?
When facing child pornography charges, having the right legal team on your side can make all the difference. At Marshall & Saunders, we offer:
- Long experience defending state and federal child pornography cases.
- In-depth knowledge of the complex legal and technical issues involved.
- A team-based approach that leverages the collective skill of our attorneys and support staff.
- Established relationships with renowned digital forensics experts and investigators.
- Personalized attention and responsive communication throughout the legal process.
We're here to listen without judgment and fight for you. Let's take that first step together.
Get the Experienced Legal Representation You Deserve
We know you're scared and overwhelmed. But remember, you're more than these accusations. You deserve compassion and a strong defense. Call us anytime at (206) 826-1400 or send us a message.
901 Fifth Avenue, Suite 2800
Seattle, Washington 98164
You will receive a response from us within 1 - 2 business days.