Communication with a Minor for Immoral Purposes Defense Attorney
Defending Against Accusations of Communication with a Minor for Immoral Purposes in Washington
When you're accused of a sex crime, it can feel like your whole world has come crashing down. The weight of potential imprisonment and the devastating blow to your reputation can be overwhelming. But it’s important to remember that you aren’t alone.
At Marshall & Saunders, we understand the fear and isolation you're feeling, and we’re here to provide guidance, support, and most importantly, a robust legal defense during these difficult times. Let us help you reclaim your life and your future.
What Qualifies as Communication with a Minor for Immoral Purposes?
Essence of a CMIP Accusation
The term "communication" in regard to the crime of communication with a minor for immoral purposes (CMIP) is quite broad. In the past, however, courts have defined it as including both conduct and speech.
It isn’t a satisfactory defense that the minor never received a sexual message that was sent. For example, one man was convicted for leaving notes on his neighbor's lawn to get the attention of a teenager living in the home. The teenager never read the notes, but her father did and told her about them.
The law takes a particularly severe, if increasingly outdated, stance on electronic communications. CMIP goes from being a gross misdemeanor to being a felony when communication occurs electronically, whether by text or over the internet. This heightened penalty is one reason police conduct internet sting operations in which officers pose online as young people interested in sex with adults.
As part of these operations, the fictitious "teenagers" pretend that they’re underage. However, some people, especially those in a vulnerable psychological state, find it challenging to disengage from an online conversation even after they learn they are speaking with a “minor.”
Washington Law on Communication with a Minor for Immoral Purposes
The Washington statute regulating certain types of communication with minors is RCW 9.68A.090. This law makes it a crime to communicate with a minor (or someone believed to be a minor) for “immoral purposes.”
One might naturally wonder what exactly the phrase "immoral purposes” means.
Washington courts say that it means "for the predatory purpose of promoting the exposure of children to and involvement in sexual misconduct." The law doesn’t further define “sexual misconduct.” It could conceivably be applied even to sex acts with minors that aren’t against the law in themselves — for example, sexual contact with persons 16 or 17 years old.
Penalties for CMIP
The penalties for communicating with a minor for immoral purposes depend on the nature of the communication and how it was conducted. If you don’t have a criminal record and the communication in question was simple speech or writing, CMIP is a gross misdemeanor punishable by up to one year in jail and a fine of up to $5,000.
However, if the communication was electronic or you have a prior CMIP conviction, the offense is upgraded to a Class C felony, which comes with a sentence of up to five years and a fine of up to $10,000.
Whether you’re charged with a gross misdemeanor or a felony, being convicted will require you to register as a sex offender.
Other Consequences of a Conviction for CMIP
A CMIP conviction carries life-altering consequences that extend far beyond jail time and fines. You'll be required to register as a sex offender, which means law enforcement officers will periodically visit your home to verify your residence. This registration requirement can severely impact where you can live, as you may be prohibited from residing near schools, parks, playgrounds, or other places where children gather.
Employment opportunities may become limited, as many employers conduct background checks and may be hesitant to hire someone with a sex offense conviction. Professional licenses and certifications could be jeopardized. Travel restrictions will likely be imposed, requiring you to get permission even to leave the county.
Get the Defense You Need
We know what you're going through right now, and we want to help. Our team is ready to listen to you, explain your options, and advocate for your rights. Reach out to us today to take the first step.
Potential Defenses Against CMIP Charges
The experienced attorneys at Marshall & Saunders will explore every possible defense to challenge the prosecution's case against you, including:
Suppressing the Evidence
If the evidence was gathered through unconstitutional means, such as an illegal search or seizure, we’ll challenge its admissibility.
Ambiguity
Our team may argue that the communications weren’t intended for immoral purposes — that there’s room for interpretation.
Mistaken Identity
We may argue that you were not the person who sent the communication.
The prosecution must establish beyond a reasonable doubt that you were the person who made the communication and that it was for a sexual purpose. Our team will scrutinize the evidence and the circumstances under which it was obtained to undermine their argument.
Word from a Client We Defended
I contacted David via searching the web and was blown by his expertise and kindness within the first 10 minutes. He was able to quickly and expertly answer all of my questions and concerns. The attorneys from the other 2 law firms had to go back and ask their colleagues on a couple of complex questions I had. David knew the ins and outs of the process, the important parties involved, and the reasons behind what needed to be done. Needless to say, I decided to hire David on the spot and so thankful that I hired him. My matter was resolve soon after. Thank you David, again, for being such a great person and attorney.
Don't Face Your Charges Alone
Our skilled, compassionate attorneys are here to provide the powerful defense and emotional support you need when it feels like everything is going wrong. Contact our team today.
Reliable Defense Strategies from 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 CMIP Charges
Choosing Marshall & Saunders means arming yourself with the advantages of a dedicated team that employs a thorough, multi-faceted approach to your defense.
Here are some of the cornerstones of our proven defense process:
Compassionate ConsultationWe’ll take the time to understand your situation and provide a non-judgmental space to discuss your case.
Meticulous InvestigationWe’ll dissect the available evidence, probing for inconsistencies and procedural errors to challenge the prosecution's case.
Interviewing SkillsIn cases involving a real minor, not a fictitious one, our team will conduct a skilled and sensitive interview of the minor, looking for signs of coaching or lying. We'll also scrutinize law enforcement's interview of the minor.
Pretrial AdvocacyWe will argue for the dismissal of improper charges and will challenge illegally obtained evidence.
Proven Trial ExperienceOur attorneys are renowned for their prowess in the courtroom, presenting powerful arguments and cross-examining witnesses effectively.
Minimal SentencingIf a conviction is unavoidable, we’ll cite mitigating factors and push for a sentence that minimizes the impact on your life.
Why Choose Us as Your Defense Team?
When you’re facing serious sex crime allegations, selecting the right attorney is vital. Here’s why Marshall & Saunders is uniquely qualified to defend you:
- Decades of focused experience: Our attorneys have extensive experience defending against charges of sexual misconduct.
- Collaborative approach: We work as a team, pooling our skills and knowledge to develop winning defense strategies.
- Relentless advocacy: We’ll fight vigorously and indefatigably to maintain your liberty.
- Compassionate support: We offer non-judgmental support, fully understanding the emotional toll charges like this can take.
We’ve helped countless clients push back against the allegations against them, and we’re prepared to do the same for you.
Get the Skilled Defense You Deserve
If you or a loved one is facing charges of communication with a minor for immoral purposes, don't wait to seek legal representation. Contact Marshall & Saunders today to speak to a qualified attorney and put our experience and commitment to work for you.
Call us now at 206-826-1400 to schedule a consultation.
901 Fifth Avenue, Suite 2800
Seattle, Washington 98164
You will receive a response from us within 1 - 2 business days.