Lynnwood Child Pornography Lawyers

Experienced Professionals Who Care and Do Not Judge

Our child pornography defense lawyers at The Law Offices of Lance Fryrear have years of professional experience fighting for clients in Lynnwood. Throughout our 25+ years of experience, we have developed a deep understanding of both the legal system and the humanity of our clients. We seek to provide caring and confident representation. We will not judge you for the accusations against you, and we will help you heal as we simultaneously fight for your defense.

Work with a team of caring, responsive, and highly rated attorneys today. Call (425) 224-7075 or contact The Law Offices of Lance Fryrear online today.

What Constitutes a Crime of Child Pornography?

Under the state’s child pornography laws (also referred to as “sexual exploitation of a minor”), Washington prohibits the knowing possession of visual or printed matter depicting a minor engaged in sexually explicit conduct. It is also prohibited to intentionally view (e.g., over the Internet) any visual or printed matter depicting a minor engaged in sexually explicit conduct. Note that a minor in this context is defined as a person under the age of 18 years old. In the modern digitizing age, child pornography often occurs on the Internet or via smartphone interactions (sexting).

Child pornography depicting sexually explicit conduct of the first degree could be:

• sexual intercourse (genital-genital, oral-genital, anal-genital, or oral-anal) between persons of the same or opposite sex or between humans and animals;
• penetration of the vagina or rectum by any object;
• masturbation;
• sadomasochistic abuse;
• defecation or urination for the purpose of sexual stimulation of the viewer.

Child pornography depicting sexually explicit conduct of the second degree could be:

• depiction of the genitals or unclothed pubic or rectal areas of any minor, or breast of a female minor, for the purpose of sexual stimulation of the viewer;
• touching of a person's clothed or unclothed genitals, pubic area, buttocks, or breast area for the purpose of sexual stimulation of the viewer.

Child pornography is a form of child sexual exploitation, and most convictions will require mandatory registration as a sex offender in the Washington Sex Offender Registry. Such registration will be permanent for life and includes information like the offender’s photo and address for monitoring and tracking sex offenders. Child pornography cannot be argued as “protected speech” covered by the First Amendment.

Penalties and Sentencing

The penalties for possessing or viewing child pornography include months to years in jail, depending on the severity of the offense:

• Possession (first degree) – Class B felony punishable by 12-14 months in prison followed by 3 years of community custody or probation; up to 10 years in prison for multiple counts.
• Possession (second degree) – Class C felony punishable by 3-9 months in county jail followed by 1 year of community custody or probation; up to 5 years in prison for multiple counts.
• Viewing (first degree) – Class B felony punishable by 12-14 months in prison followed by 3 years of community custody or probation; up to 10 years in prison for multiple counts.
• Viewing (second degree) – Class C felony punishable by up to 12 months in county jail followed by 1 year of community custody or probation; up to 5 years in prison for multiple counts.

Note that the statute of limitations for bringing forward a child pornography case is 3 years.

Federal Child Pornography Laws

It is important to be aware that child pornography is also a federal crime, as well as a state crime. In particular, the federal laws addressing child pornography are:

• 18 U.S.C. § 2251 – sexual exploitation of children
• 18 U.S.C. § 2251A – selling or buying of children
• 18 U.S.C. § 2252 – certain activities relating to material involving the sexual exploitation of minors
• 18 U.S.C. § 2252A – certain activities relating to material constituting or containing child pornography
• 18 U.S.C. § 2260 – production of sexually explicit depictions of a minor for importation into the U.S.

Typically, a federal child pornography crime such as manufacturing, distribution, or possession requires the illegal activity to cross state lines, such as on the Internet or through the mail. It is also both a federal and state crime to knowingly fail to register or update a sex offender listing as required upon conviction. 

Get Started on Your Defense With Our Firm Today

If you are facing charges for possessing, viewing, or even distributing child pornography, contact a lawyer immediately for legal help. Child pornography charges are not to taken lightly, and, as with any sex crime conviction, could impact the rest of your life as you are publicly labeled a sex offender. The legal team at The Law Offices of Lance Fryrear can take a look at your case and help you plan an informed defense against your child pornography charges in Lynnwood.

Call (425) 224-7075 or contact The Law Offices of Lance Fryrear online to learn more.