Legal Question in Technology Law in Washington
statue of limitations in WA state
when can a person not be charged with any crime in wa state like illegal downloading. or accidental viewing of illegal material online.
1 Answer from Attorneys
Re: statue of limitations in WA state
Limitations on criminal actions vary depending on the level of the crime, so misdemeanors have a 1 year limitation and felonies have limitations that vary from 3-7 years except for those that result in death. Crimes have an intent or knowledge component, so anything that is truly accidental is probably not a crime (although there may be civil liability). If what you are writing about is sexual exploitation of children (child pornography) you not only have potential State criminal liability, but also potential federal criminal liability, but again, intent is an element of the crime, and with good computer forensic work that lack of intent can often be demonstrated.