Commercial Sexual Abuse of a Minor Defense Attorney
Defending Against Accusations of Commercial Sexual Abuse of a Minor in Seattle
We understand the fear you're feeling right now. Your freedom, your reputation, and maybe your marriage are at stake. Penalties in Washington for commercial sexual abuse of a minor have increased in recent years, with a potential sentence of over a year in prison. And sex offender registration is required, too.
We want you to know that you're not alone in this. We've guided many through these rough waters, and we're ready to stand by you, too. Let's work together to protect your rights and your future so you can move forward.
What Qualifies as Commercial Sexual Abuse of a Minor?
The Essence of a Commercial Sexual Abuse of a Minor Accusation
At its core, an accusation of commercial sexual abuse of a minor involves allegations that you sought or engaged in sexual conduct with a minor in exchange for something of value. These cases often hinge on communications, whether online or in person, and the interpretation of those interactions.
The prosecution must prove not only that the communication occurred but also that you at least solicited or agreed to have sexual contact with a minor and that you offered to provide something of value in exchange for the sexual contact. Because soliciting or agreeing is enough — no sexual contact need to occur — there need not be any real minor involved. Often persons are arrested for CSAM in police sting, or “Net Nanny” operations.
The key element that the prosecution will try to establish is that you gave, offered to give, or agreed to give something of value to someone (not necessarily a minor) in exchange for getting to engage in sexual conduct with a minor.
Our defense strategy focuses on challenging these elements, examining the circumstances of your arrest, and scrutinizing the evidence collection process to ensure your rights were not violated.
Washington's Laws on Commercial Sexual Abuse of Minors
Washington classifies the following as Class B felonies:
- Providing anything of value to a minor or a third person as compensation for sexual conduct with a minor.
- Providing or agreeing to provide anything of value to a minor or a third person pursuant to an understanding that, in return, such minor will engage in sexual conduct.
- Soliciting, offering, or requesting to engage in sexual conduct with a minor in return for anything of value.
Related offenses include:
- Class A Felony: Promoting commercial sexual abuse of a minor.
- Class C Felony: Promoting travel for commercial sexual abuse of a minor.
- Gross Misdemeanor: Permitting commercial sexual abuse of a minor (allowing your property to be used by juvenile prostitutes).
None of the statutes related to commercial sex with minors allow you to argue the consent of the minor as a defense. Even if they agreed, it's still a crime. Not knowing the person's age also isn't automatically a defense, and it’s not enough that the person looked or claimed to be of age.
Penalties for Commercial Sexual Abuse of a Minor
The maximum sentence for a Class B felony is ten years in prison and a $20,000 fine, but most persons convicted are sentenced to much less. Most get a prison term that falls within their standard sentence range; the shortest term within such a range is 21 months. Sex offender registration is also required for at least ten years.
If you used a car while committing the crime, the car can be impounded and may be returned to you only after you pay fees. You can also be restricted from the geographical location of your arrest.
Other Consequences of a Conviction for Commercial Sexual Abuse of a Minor
A conviction impacts far more than just your freedom. You'll have to register as a sex offender, with law enforcement periodically checking your residence and your status being public. This can severely restrict where you can live and work, especially near schools, parks, or places where children gather. Finding employment and housing becomes challenging due to background checks. These restrictions and stigma can affect your life for years beyond any prison sentence, impacting everything from job opportunities to international travel to family relationships.
Let's Talk About Your Situation
Your freedom is on the line — don’t wait to get help. Reach out to Marshall & Saunders for a confidential conversation.
Key Challenges in Defending Against Commercial Sexual Abuse of a Minor Charges
Defending against these charges presents daunting challenges. Here are some of the key issues we often encounter:
Evidence from Sting Operations
Many cases stem from internet sting operations. Police officers pose as minors online, and the evidence often consists of chat logs or text and email exchanges. We carefully examine these communications for inconsistencies or evidence of entrapment.
Decoy Testimony
In some cases, law enforcement uses undercover officers who claim to be minors. We scrutinize the actions and statements of these officers, as their behavior can cross the line into entrapment.
Intent and Knowledge of Age
A crucial element of the prosecution's case is proving that you knew or should have known the age of the complaining witness. We look for evidence that might suggest a reasonable belief that the person was of legal age.
Financial Transactions
Since these cases involve allegations of payment or offering something of value, we examine any financial evidence carefully. Sometimes, what appears to be payment for sexual services may have an innocent explanation.
Computerized Evidence
In cases involving online interactions, we often engage computer forensics experts to examine and potentially challenge digital evidence.
Constitutional Issues
We always examine whether your Fourth Amendment rights against unreasonable search and seizure or your Fifth Amendment rights against self-incrimination were violated during the investigation or arrest.
Potential Defenses Against Commercial Sexual Abuse of a Minor Charges
When defending against these serious allegations, we consider several key strategies:
Attempts to Verify Age
If you made a good-faith effort to verify age, this could be a strong defense. You must have sought documentary proof of age by asking for an official ID, like a driver's license, birth certificate, or other government-issued document.
Entrapment
In cases involving sting operations, we carefully examine whether law enforcement crossed the line into entrapment. If the police induced you to commit a crime that you weren't predisposed to commit, this could be grounds for dismissal.
Constitutional Violations
If your rights were violated during the investigation or arrest — for example, if evidence was obtained without a proper warrant — we may be able to get that evidence suppressed.
Word from a Client We Helped
Joshua and his team will NOT let you down. My uncle was sentenced with no prison time, and the felony charge was dropped to a misdemeanor with a deal for work release. Joshua is one of the best lawyers I have ever met, and there are just not enough words to describe what he is capable of. Do not think twice and hire Marshall & Saunders!
You've Got a Protector in This Fight
Facing commercial sexual abuse of a minor charges can feel like the world is crashing down around you. But you don't have to weather this on your own. Our experienced team is here to listen without judgment and fight fiercely for your rights and your future.
You'll Be Defended by Experienced Attorneys
.webp)
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
.webp)
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 Commercial Sexual Abuse of a Minor Charges
When you choose Marshall & Saunders to stand by your side, here's what you can expect:
Listening EarWe start by listening to you without judgment.
Digging for the TruthWe leave no stone unturned, scrutinizing every piece of evidence to uncover the full picture.
Skillful ConversationsWe handle sensitive interviews with care, always looking out for your best interests.
Fighting for YouBefore trial, we work tirelessly to challenge charges and negotiate on your behalf.
Courtroom AdvocacyIf you choose to go to trial, we will be your steadfast advocates, presenting your case clearly and compellingly.
Mitigating ConsequencesIf the outcome isn't favorable, we will continue to fight to safeguard your future as much as possible.
Why Choose Us as Your Commercial Sexual Abuse of a Minor Defense Lawyers?
When facing such serious accusations, you need more than just a lawyer; you need a dedicated ally and specialist in the field. Here's why we are the best choice to fight for you:
- Decades of experience in sex crime defense
- Collaborative and tailored defense strategies
- Personalized client focus and dedication
- Thorough investigation and unyielding pursuit of justice
Our empathetic and unbiased support during difficult times can go a long way toward helping you feel prepared to face your charges and move forward with your life.
Let's Take the First Step Together
We understand the weight you're carrying. These accusations don't define you, and you deserve a strong, compassionate defense. Ready to talk? Call Marshall & Saunders anytime at (206) 826-1400 or reach out through our contact form.
901 Fifth Avenue, Suite 2800
Seattle, Washington 98164
You will receive a response from us within 1 - 2 business days.