reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 9 - Crimes and Punishments › Chapter 9.68A - Sexual Exploitation of Children. › 9.68A.005 - Chapter not applicable to lawful conduct between spouses.

RCW 9.68A.005
Chapter not applicable to lawful conduct between spouses.
This chapter does not apply to lawful conduct between spouses.
[ 2010 c 227 § 2.]
2023 Revised Code of Washington › Title 9 - Crimes and Punishments › Chapter 9.68A - Sexual Exploitation of Children. › 9.68A.011 - Definitions.

RCW 9.68A.011
Definitions.
Unless the context clearly indicates otherwise, the definitions in this section apply throughout this chapter.
(1) An "internet session" means a period of time during which an internet user, using a specific internet protocol address, visits or is logged into an internet site for an uninterrupted period of time.
(2) To "photograph" means to make a print, negative, slide, digital image, motion picture, or videotape. A "photograph" means anything tangible or intangible produced by photographing.
(3) "Visual or printed matter" means any photograph or other material that contains a reproduction of a photograph.
(4) "Sexually explicit conduct" means actual or simulated:
(a) Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex or between humans and animals;
(b) Penetration of the vagina or rectum by any object;
(c) Masturbation;
(d) Sadomasochistic abuse;
(e) Defecation or urination for the purpose of sexual stimulation of the viewer;
(f) Depiction of the genitals or unclothed pubic or rectal areas of any minor, or the unclothed breast of a female minor, for the purpose of sexual stimulation of the viewer. For the purposes of this subsection (4)(f), it is not necessary that the minor know that he or she is participating in the described conduct, or any aspect of it; and
(g) Touching of a person's clothed or unclothed genitals, pubic area, buttocks, or breast area for the purpose of sexual stimulation of the viewer.
(5) "Minor" means any person under eighteen years of age.
(6) "Live performance" means any play, show, skit, dance, or other exhibition performed or presented to or before an audience of one or more, with or without consideration.
[ 2010 c 227 § 3; 2002 c 70 § 1; 1989 c 32 § 1; 1984 c 262 § 2.]
2023 Revised Code of Washington › Title 9 - Crimes and Punishments › Chapter 9.68A - Sexual Exploitation of Children. › 9.68A.040 - Sexual exploitation of a minor—Elements of crime—Penalty.

RCW 9.68A.040
Sexual exploitation of a minor—Elements of crime—Penalty.
(1) A person is guilty of sexual exploitation of a minor if the person:
(a) Compels a minor by threat or force to engage in sexually explicit conduct, knowing that such conduct will be photographed or part of a live performance;
(b) Aids, invites, employs, authorizes, or causes a minor to engage in sexually explicit conduct, knowing that such conduct will be photographed or part of a live performance; or
(c) Being a parent, legal guardian, or person having custody or control of a minor, permits the minor to engage in sexually explicit conduct, knowing that the conduct will be photographed or part of a live performance.
(2) Sexual exploitation of a minor is a class B felony punishable under chapter 9A.20 RCW.
[ 1989 c 32 § 2; 1984 c 262 § 3.]
2023 Revised Code of Washington › Title 9 - Crimes and Punishments › Chapter 9.68A - Sexual Exploitation of Children. › 9.68A.050 - Dealing in depictions of minor engaged in sexually explicit conduct.

RCW 9.68A.050
Dealing in depictions of minor engaged in sexually explicit conduct.
(1)(a) A person eighteen years of age or older commits the crime of dealing in depictions of a minor engaged in sexually explicit conduct in the first degree when he or she:
(i) Knowingly develops, duplicates, publishes, prints, disseminates, exchanges, finances, attempts to finance, or sells a visual or printed matter that depicts a minor engaged in an act of sexually explicit conduct as defined in RCW 9.68A.011(4) (a) through (e); or
(ii) Possesses with intent to develop, duplicate, publish, print, disseminate, exchange, or sell any visual or printed matter that depicts a minor engaged in an act of sexually explicit conduct as defined in RCW 9.68A.011(4) (a) through (e).
(b) Dealing in depictions of a minor engaged in sexually explicit conduct in the first degree is a class B felony punishable under chapter 9A.20 RCW.
(c) For the purposes of determining the unit of prosecution under this subsection, each depiction or image of visual or printed matter constitutes a separate offense.
(2)(a) A person eighteen years of age or older commits the crime of dealing in depictions of a minor engaged in sexually explicit conduct in the second degree when he or she:
(i) Knowingly develops, duplicates, publishes, prints, disseminates, exchanges, finances, attempts to finance, or sells any visual or printed matter that depicts a minor engaged in an act of sexually explicit conduct as defined in RCW 9.68A.011(4) (f) or (g); or
(ii) Possesses with intent to develop, duplicate, publish, print, disseminate, exchange, or sell any visual or printed matter that depicts a minor engaged in an act of sexually explicit conduct as defined in RCW 9.68A.011(4) (f) or (g).
(b) Dealing in depictions of a minor engaged in sexually explicit conduct in the second degree is a class B felony punishable under chapter 9A.20 RCW.
(c) For the purposes of determining the unit of prosecution under this subsection, each incident of dealing in one or more depictions or images of visual or printed matter constitutes a separate offense.
[ 2019 c 128 § 3; 2017 c 126 § 3; 2010 c 227 § 4; 1989 c 32 § 3; 1984 c 262 § 4.]
NOTES:
Short title—2019 c 128: See note following RCW 13.40.660.
2023 Revised Code of Washington › Title 9 - Crimes and Punishments › Chapter 9.68A - Sexual Exploitation of Children. › 9.68A.055 - Sexually explicit images—Forfeiture by minors.

RCW 9.68A.055
Sexually explicit images—Forfeiture by minors.
A minor who possesses any depiction or depictions of any other minor engaged in an act of sexually explicit conduct as defined in RCW 9.68A.011 forfeits any right to continued possession of the depiction or depictions and any court exercising jurisdiction over such depiction or depictions shall order forfeiture of the depiction or depictions to the custody of law enforcement.
[ 2019 c 128 § 9.]
NOTES:
Short title—2019 c 128: See note following RCW 13.40.660.
2023 Revised Code of Washington › Title 9 - Crimes and Punishments › Chapter 9.68A - Sexual Exploitation of Children. › 9.68A.060 - Sending, bringing into state depictions of minor engaged in sexually explicit conduct.

RCW 9.68A.060
Sending, bringing into state depictions of minor engaged in sexually explicit conduct.
(1)(a) Except as provided in subsections (3) and (4) of this section, a person commits the crime of sending or bringing into the state depictions of a minor engaged in sexually explicit conduct in the first degree when he or she knowingly sends or causes to be sent, or brings or causes to be brought, into this state for sale or distribution, a visual or printed matter that depicts a minor engaged in sexually explicit conduct as defined in RCW 9.68A.011(4) (a) through (e).
(b) Sending or bringing into the state depictions of a minor engaged in sexually explicit conduct in the first degree is a class B felony punishable under chapter 9A.20 RCW.
(c) For the purposes of determining the unit of prosecution under this subsection, each depiction or image of visual or printed matter constitutes a separate offense.
(2)(a) Except as provided in subsections (3) and (4) of this section, a person commits the crime of sending or bringing into the state depictions of a minor engaged in sexually explicit conduct in the second degree when he or she knowingly sends or causes to be sent, or brings or causes to be brought, into this state for sale or distribution, any visual or printed matter that depicts a minor engaged in sexually explicit conduct as defined in RCW 9.68A.011(4) (f) or (g).
(b) Sending or bringing into the state depictions of a minor engaged in sexually explicit conduct in the second degree is a class B felony punishable under chapter 9A.20 RCW.
(c) For the purposes of determining the unit of prosecution under this subsection, each incident of sending or bringing into the state one or more depictions or images of visual or printed matter constitutes a separate offense.
(3) This section does not apply to a minor who knowingly sends or causes to be sent, or brings or causes to be brought, into this state for distribution, visual or printed matter depicting any minor thirteen years of age or older engaged in sexually explicit conduct.
(4) This section does not apply to a person under thirteen years of age who knowingly sends or causes to be sent, or brings or causes to be brought, into this state for distribution, visual or printed matter depicting himself or herself engaged in sexually explicit conduct.
[ 2019 c 128 § 5; 2017 c 126 § 4; 2010 c 227 § 5; 1989 c 32 § 4; 1984 c 262 § 5.]
NOTES:
Short title—2019 c 128: See note following RCW 13.40.660.
2023 Revised Code of Washington › Title 9 - Crimes and Punishments › Chapter 9.68A - Sexual Exploitation of Children. › 9.68A.070 - Possession of depictions of minor engaged in sexually explicit conduct.

RCW 9.68A.070
Possession of depictions of minor engaged in sexually explicit conduct.
(1)(a) Except as provided in subsections (3) and (4) of this section, a person commits the crime of possession of depictions of a minor engaged in sexually explicit conduct in the first degree when he or she knowingly possesses a visual or printed matter depicting a minor engaged in sexually explicit conduct as defined in RCW 9.68A.011(4) (a) through (e).
(b) Possession of depictions of a minor engaged in sexually explicit conduct in the first degree is a class B felony punishable under chapter 9A.20 RCW.
(c) For the purposes of determining the unit of prosecution under this subsection, each depiction or image of visual or printed matter constitutes a separate offense.
(2)(a) Except as provided in subsections (3) and (4) of this section, a person commits the crime of possession of depictions of a minor engaged in sexually explicit conduct in the second degree when he or she knowingly possesses any visual or printed matter depicting a minor engaged in sexually explicit conduct as defined in RCW 9.68A.011(4) (f) or (g).
(b) Possession of depictions of a minor engaged in sexually explicit conduct in the second degree is a class B felony punishable under chapter 9A.20 RCW.
(c) For the purposes of determining the unit of prosecution under this subsection, each incident of possession of one or more depictions or images of visual or printed matter constitutes a separate offense.
(3) This section does not apply to a minor's possession of visual or printed matter depicting any minor thirteen years of age or older engaged in sexually explicit conduct.
(4) This section does not apply to a person under thirteen years of age in possession of visual or printed matter depicting himself or herself engaged in sexually explicit conduct.
[ 2019 c 128 § 6; 2017 c 126 § 2; 2010 c 227 § 6; 2006 c 139 § 3; 1990 c 155 § 1; 1989 c 32 § 5; 1984 c 262 § 6.]
NOTES:
Short title—2019 c 128: See note following RCW 13.40.660.
Effective date—1990 c 155 §§ 1 and 2: "Sections 1 and 2 of this act shall be effective July 1, 1990." [ 1990 c 155 § 3.]
2023 Revised Code of Washington › Title 9 - Crimes and Punishments › Chapter 9.68A - Sexual Exploitation of Children. › 9.68A.075 - Viewing depictions of a minor engaged in sexually explicit conduct.

RCW 9.68A.075
Viewing depictions of a minor engaged in sexually explicit conduct.
(1) Except as provided in subsections (5) and (6) of this section, a person who intentionally views over the internet visual or printed matter depicting a minor engaged in sexually explicit conduct as defined in RCW 9.68A.011(4) (a) through (e) is guilty of viewing depictions of a minor engaged in sexually explicit conduct in the first degree, a class B felony punishable under chapter 9A.20 RCW.
(2) Except as provided in subsections (5) and (6) of this section, a person who intentionally views over the internet visual or printed matter depicting a minor engaged in sexually explicit conduct as defined in RCW 9.68A.011(4) (f) or (g) is guilty of viewing depictions of a minor engaged in sexually explicit conduct in the second degree, a class C felony punishable under chapter 9A.20 RCW.
(3) For the purposes of determining whether a person intentionally viewed over the internet a visual or printed matter depicting a minor engaged in sexually explicit conduct in subsection (1) or (2) of this section, the trier of fact shall consider the title, text, and content of the visual or printed matter, as well as the internet history, search terms, thumbnail images, downloading activity, expert computer forensic testimony, number of visual or printed matter depicting minors engaged in sexually explicit conduct, defendant's access to and control over the electronic device and its contents upon which the visual or printed matter was found, or any other relevant evidence. The state must prove beyond a reasonable doubt that the viewing was initiated by the user of the computer where the viewing occurred.
(4) For the purposes of this section, each separate internet session of intentionally viewing over the internet visual or printed matter depicting a minor engaged in sexually explicit conduct constitutes a separate offense.
(5) This section does not apply to a minor who intentionally views over the internet visual or printed matter depicting a minor thirteen years of age or older engaged in sexually explicit conduct.
(6) This section does not apply to a person under thirteen years of age who intentionally views over the internet visual or printed matter depicting himself or herself engaged in sexually explicit conduct.
[ 2019 c 128 § 7; 2010 c 227 § 7.]
NOTES:
Short title—2019 c 128: See note following RCW 13.40.660.
2023 Revised Code of Washington › Title 9 - Crimes and Punishments › Chapter 9.68A - Sexual Exploitation of Children. › 9.68A.080 - Reporting of depictions of minor engaged in sexually explicit conduct—Civil immunity.

RCW 9.68A.080
Reporting of depictions of minor engaged in sexually explicit conduct—Civil immunity.
(1) A person who, in the course of processing or producing visual or printed matter either privately or commercially, has reasonable cause to believe that the visual or printed matter submitted for processing or producing depicts a minor engaged in sexually explicit conduct shall immediately report such incident, or cause a report to be made, to the proper law enforcement agency. Persons failing to do so are guilty of a gross misdemeanor.
(2) If, in the course of repairing, modifying, or maintaining a computer that has been submitted either privately or commercially for repair, modification, or maintenance, a person has reasonable cause to believe that the computer stores visual or printed matter that depicts a minor engaged in sexually explicit conduct, the person performing the repair, modification, or maintenance may report such incident, or cause a report to be made, to the proper law enforcement agency.
(3) A person who makes a report in good faith under this section is immune from civil liability resulting from the report.
[ 2002 c 70 § 2; 1989 c 32 § 6; 1984 c 262 § 7.]
2023 Revised Code of Washington › Title 9 - Crimes and Punishments › Chapter 9.68A - Sexual Exploitation of Children. › 9.68A.090 - Communication with minor for immoral purposes—Penalties.

RCW 9.68A.090
Communication with minor for immoral purposes—Penalties.
(1) Except as provided in subsection (2) of this section, a person who communicates with a minor for immoral purposes, or a person who communicates with someone the person believes to be a minor for immoral purposes, is guilty of a gross misdemeanor.
(2) A person who communicates with a minor for immoral purposes is guilty of a class C felony punishable according to chapter 9A.20 RCW if the person has previously been convicted under this section or of a felony sexual offense under chapter 9.68A, 9A.44, or 9A.64 RCW or of any other felony sexual offense in this or any other state or if the person communicates with a minor or with someone the person believes to be a minor for immoral purposes, including the purchase or sale of commercial sex acts and sex trafficking, through the sending of an electronic communication.
(3) For the purposes of this section, "electronic communication" has the same meaning as defined in *RCW 9.61.260.
[ 2013 c 302 § 1; 2006 c 139 § 1. Prior: 2003 c 53 § 42; 2003 c 26 § 1; 1989 c 32 § 7; 1986 c 319 § 2; 1984 c 262 § 8.]
NOTES:
*Reviser's note: RCW 9.61.260 was recodified as RCW 9A.90.120 pursuant to 2022 c 231 § 4.
Effective date—2013 c 302: "This act takes effect August 1, 2013." [ 2013 c 302 § 13.]
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
2023 Revised Code of Washington › Title 9 - Crimes and Punishments › Chapter 9.68A - Sexual Exploitation of Children. › 9.68A.100 - Commercial sexual abuse of a minor—Penalties—Consent of minor does not constitute defense.

RCW 9.68A.100
Commercial sexual abuse of a minor—Penalties—Consent of minor does not constitute defense.
(1) A person is guilty of commercial sexual abuse of a minor if:
(a) He or she provides anything of value to a minor or a third person as compensation for a minor having engaged in sexual conduct with him or her;
(b) He or she provides or agrees to provide anything of value to a minor or a third person pursuant to an understanding that in return therefore such minor will engage in sexual conduct with him or her; or
(c) He or she solicits, offers, or requests to engage in sexual conduct with a minor in return for anything of value.
(2) Commercial sexual abuse of a minor is a class B felony punishable under chapter 9A.20 RCW.
(3) In addition to any other penalty provided under chapter 9A.20 RCW, a person guilty of commercial sexual abuse of a minor is subject to the provisions under RCW 9A.88.130 and 9A.88.140.
(4) Consent of a minor to the sexual conduct does not constitute a defense to any offense listed in this section.
(5) For purposes of this section, "sexual conduct" means sexual intercourse or sexual contact, both as defined in chapter 9A.44 RCW.
[ 2017 c 231 § 3; 2013 c 302 § 2; 2010 c 289 § 13; 2007 c 368 § 2; 1999 c 327 § 4; 1989 c 32 § 8; 1984 c 262 § 9.]
NOTES:
Finding—2017 c 231: See note following RCW 9A.04.080.
Effective date—2013 c 302: See note following RCW 9.68A.090.
Findings—Intent—1999 c 327: See note following RCW 9A.88.130.
Additional requirements: RCW 9A.88.130.
Vehicle impoundment: RCW 9A.88.140.
2023 Revised Code of Washington › Title 9 - Crimes and Punishments › Chapter 9.68A - Sexual Exploitation of Children. › 9.68A.102 - Promoting travel for commercial sexual abuse of a minor—Penalty—Consent of minor does not constitute defense.

RCW 9.68A.102
Promoting travel for commercial sexual abuse of a minor—Penalty—Consent of minor does not constitute defense.
(1) A person commits the offense of promoting travel for commercial sexual abuse of a minor if he or she knowingly sells or offers to sell travel services that include or facilitate travel for the purpose of engaging in what would be commercial sexual abuse of a minor or promoting commercial sexual abuse of a minor, if occurring in this state.
(2) Promoting travel for commercial sexual abuse of a minor is a class C felony.
(3) Consent of a minor to the travel for commercial sexual abuse, or the sexually explicit act or sexual conduct itself, does not constitute a defense to any offense listed in this section.
(4) For purposes of this section, "travel services" has the same meaning as defined in RCW 19.138.021.
[ 2013 c 302 § 4; 2007 c 368 § 5.]
NOTES:
Effective date—2013 c 302: See note following RCW 9.68A.090.
2023 Revised Code of Washington › Title 9 - Crimes and Punishments › Chapter 9.68A - Sexual Exploitation of Children. › 9.68A.103 - Permitting commercial sexual abuse of a minor—Penalty—Consent of minor does not constitute defense.

RCW 9.68A.103
Permitting commercial sexual abuse of a minor—Penalty—Consent of minor does not constitute defense.
(1) A person is guilty of permitting commercial sexual abuse of a minor if, having possession or control of premises which he or she knows are being used for the purpose of commercial sexual abuse of a minor, he or she fails without lawful excuse to make reasonable effort to halt or abate such use and to make a reasonable effort to notify law enforcement of such use.
(2) Permitting commercial sexual abuse of a minor is a gross misdemeanor.
(3) Consent of a minor to the sexually explicit act or sexual conduct does not constitute a defense to any offense listed in this section.
[ 2013 c 302 § 5; 2007 c 368 § 7.]
NOTES:
Effective date—2013 c 302: See note following RCW 9.68A.090.
2023 Revised Code of Washington › Title 9 - Crimes and Punishments › Chapter 9.68A - Sexual Exploitation of Children. › 9.68A.105 - Additional fee assessment.

RCW 9.68A.105
Additional fee assessment.
(1)(a) In addition to penalties set forth in RCW 9.68A.100, 9.68A.101, and 9.68A.102, an adult offender who is either convicted or given a deferred sentence or a deferred prosecution or who has entered into a statutory or nonstatutory diversion agreement as a result of an arrest for violating RCW 9.68A.100, 9.68A.101, or 9.68A.102, or a comparable county or municipal ordinance shall be assessed a five thousand dollar fee.
(b) The court may not reduce, waive, or suspend payment of all or part of the fee assessed unless it finds, on the record, that the adult offender does not have the ability to pay in which case it may reduce the fee by an amount up to two-thirds of the maximum allowable fee.
(2) Fees assessed under this section shall be collected by the clerk of the court and remitted to the treasurer of the county where the offense occurred for deposit in the county general fund, except in cases in which the offense occurred in a city or town that provides for its own law enforcement, in which case these amounts shall be remitted to the treasurer of the city or town for deposit in the general fund of the city or town. Revenue from the fees must be used for local efforts to reduce the commercial sale of sex including, but not limited to, increasing enforcement of commercial sex laws.
(a) At least fifty percent of the revenue from fees imposed under this section must be spent on prevention, including education programs for offenders, such as john school, and rehabilitative services for victims, such as mental health and substance abuse counseling, parenting skills, training, housing relief, education, vocational training, drop-in centers, and employment counseling.
(b) Two percent of the revenue from fees imposed under this section shall be remitted quarterly to the department of commerce, together with a report detailing the fees assessed, the revenue received, and how that revenue was spent.
(c) Revenues from these fees are not subject to the distribution requirements under RCW 3.50.100, 3.62.020, 3.62.040, 10.82.070, or 35.20.220.
(3) For the purposes of this section:
(a) "Statutory or nonstatutory diversion agreement" means an agreement under RCW 13.40.080 or any written agreement between a person accused of an offense listed in subsection (1) of this section and a court, county or city prosecutor, or designee thereof, whereby the person agrees to fulfill certain conditions in lieu of prosecution.
(b) "Deferred sentence" means a sentence that will not be carried out if the defendant meets certain requirements, such as complying with the conditions of probation.
[ 2015 c 265 § 13; 2013 c 121 § 4; 2012 c 134 § 4; 2010 c 289 § 15; 2007 c 368 § 11; 1995 c 353 § 12.]
NOTES:
Finding—Intent—2015 c 265: See note following RCW 13.50.010.
Intent—Finding—2013 c 121: See note following RCW 43.280.091.
2023 Revised Code of Washington › Title 9 - Crimes and Punishments › Chapter 9.68A - Sexual Exploitation of Children. › 9.68A.106 - Additional fee assessment—Internet advertisement.

RCW 9.68A.106
Additional fee assessment—Internet advertisement.
(1) In addition to all other penalties under this chapter, an adult offender convicted of an offense under RCW 9.68A.100, 9.68A.101, or 9.68A.102 shall be assessed an additional fee of five thousand dollars per offense when the court finds that an internet advertisement in which the victim of the crime was described or depicted was instrumental in facilitating the commission of the crime.
(2) For purposes of this section, an "internet advertisement" means a statement in electronic media that would be understood by a reasonable person to be an implicit or explicit offer for sexual contact or sexual intercourse, both as defined in chapter 9A.44 RCW, in exchange for something of value.
(3) Amounts collected as penalties under this section shall be deposited in the account established under RCW 43.63A.740.
[ 2015 c 265 § 14; 2013 c 9 § 1.]
NOTES:
Finding—Intent—2015 c 265: See note following RCW 13.50.010.
2023 Revised Code of Washington › Title 9 - Crimes and Punishments › Chapter 9.68A - Sexual Exploitation of Children. › 9.68A.130 - Recovery of costs of suit by minor.

RCW 9.68A.130
Recovery of costs of suit by minor.
A minor prevailing in a civil action arising from violation of this chapter is entitled to recover the costs of the suit, including an award of reasonable attorneys' fees.
[ 1984 c 262 § 12.]
2023 Revised Code of Washington › Title 9 - Crimes and Punishments › Chapter 9.68A - Sexual Exploitation of Children. › 9.68A.150 - Allowing minor on premises of live erotic performance—Definitions—Penalty.

RCW 9.68A.150
Allowing minor on premises of live erotic performance—Definitions—Penalty.
(1) No person may knowingly allow a minor to be on the premises of a commercial establishment open to the public if there is a live performance containing matter which is erotic material.
(2) Any person who is convicted of violating this section is guilty of a gross misdemeanor.
(3) For the purposes of this section:
(a) "Minor" means any person under the age of eighteen years.
(b) "Erotic materials" means live performance:
(i) Which the average person, applying contemporary community standards, would find, when considered as a whole, appeals to the prurient interest of minors; and
(ii) Which explicitly depicts or describes patently offensive representations or descriptions of sexually explicit conduct as defined in RCW 9.68A.011; and
(iii) Which, when considered as a whole, and in the context in which it is used, lacks serious literary, artistic, political, or scientific value for minors.
(c) "Live performance" means any play, show, skit, dance, or other exhibition performed or presented to, or before an audience of one or more, with or without consideration.
(d) "Person" means any individual, partnership, firm, association, corporation, or other legal entity.
[ 2003 c 53 § 43; 1987 c 396 § 2.]
NOTES:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
Severability—1987 c 396: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1987 c 396 § 4.]
2023 Revised Code of Washington › Title 9 - Crimes and Punishments › Chapter 9.68A - Sexual Exploitation of Children. › 9.68A.170 - Criminal proceedings—Depictions of minors engaged in sexually explicit conduct—Restrictions on access.

RCW 9.68A.170
Criminal proceedings—Depictions of minors engaged in sexually explicit conduct—Restrictions on access.
(1) In any criminal proceeding, any property or material that constitutes a depiction of a minor engaged in sexually explicit conduct shall remain in the care, custody, and control of either a law enforcement agency or the court.
(2) Despite any request by the defendant or prosecution, any property or material that constitutes a depiction of a minor engaged in sexually explicit conduct shall not be copied, photographed, duplicated, or otherwise reproduced, so long as the property or material is made reasonably available to the parties. Such property or material shall be deemed to be reasonably available to the parties if the prosecution, defense counsel, or any individual sought to be qualified to furnish expert testimony at trial has ample opportunity for inspection, viewing, and examination of the property or material at a law enforcement facility or a neutral facility approved by the court upon petition by the defense.
(3) The defendant may view and examine the property and materials only while in the presence of his or her attorney. If the defendant is proceeding pro se, the court will appoint an individual to supervise the defendant while he or she examines the materials.
(4) The court may direct that a mirror image of a computer hard drive containing such depictions be produced for use by an expert only upon a showing that an expert has been retained and is prepared to conduct a forensic examination while the mirror imaged hard drive remains in the care, custody, and control of a law enforcement agency or the court. Upon a substantial showing that the expert's analysis cannot be accomplished while the mirror imaged hard drive is kept within the care, custody, and control of a law enforcement agency or the court, the court may order its release to the expert for analysis for a limited time. If release is granted, the court shall issue a protective order setting forth such terms and conditions as are necessary to protect the rights of the victims, to document the chain of custody, and to protect physical evidence.
[ 2012 c 135 § 2.]
2023 Revised Code of Washington › Title 9 - Crimes and Punishments › Chapter 9.68A - Sexual Exploitation of Children. › 9.68A.180 - Criminal proceedings—Depictions of minors engaged in sexually explicit conduct—Sealing, storage, destruction of exhibits.

RCW 9.68A.180
Criminal proceedings—Depictions of minors engaged in sexually explicit conduct—Sealing, storage, destruction of exhibits.
(1) Whenever a depiction of a minor engaged in sexually explicit conduct, regardless of its format, is marked as an exhibit in a criminal proceeding, the prosecutor shall seek an order sealing the exhibit at the close of the trial. Any exhibits sealed under this section shall be sealed with evidence tape in a manner that prevents access to, or viewing of, the depiction of a minor engaged in sexually explicit conduct and shall be labeled so as to identify its contents. Anyone seeking to view such an exhibit must obtain permission from the superior court after providing at least ten days notice to the prosecuting attorney. Appellate attorneys for the defendant and the state shall be given access to the exhibit, which must remain in the care and custody of either a law enforcement agency or the court. Any other person moving to view such an exhibit must demonstrate to the court that his or her reason for viewing the exhibit is of sufficient importance to justify another violation of the victim's privacy.
(2) Whenever the clerk of the court receives an exhibit of a depiction of a minor engaged in sexually explicit conduct, he or she shall store the exhibit in a secure location, such as a safe. The clerk may arrange for the transfer of such exhibits to a law enforcement agency evidence room for safekeeping provided the agency agrees not to destroy or dispose of the exhibits without an order of the court.
(3) If the criminal proceeding ends in a conviction, the clerk of the court shall destroy any exhibit containing a depiction of a minor engaged in sexually explicit conduct five years after the judgment is final, as determined by the provisions of RCW 10.73.090(3). Before any destruction, the clerk shall contact the prosecuting attorney and verify that there is no collateral attack on the judgment pending in any court. If the criminal proceeding ends in a mistrial, the clerk shall either maintain the exhibit or return it to the law enforcement agency that investigated the criminal charges for safekeeping until the matter is set for retrial. If the criminal proceeding ends in an acquittal, the clerk shall return the exhibit to the law enforcement agency that investigated the criminal charges for either safekeeping or destruction.
[ 2012 c 135 § 3.]
2023 Revised Code of Washington › Title 9 - Crimes and Punishments › Chapter 9.68A - Sexual Exploitation of Children. › 9.68A.190 - Criminal proceedings—Depictions of minors engaged in sexually explicit conduct—Depictions distributed to defense counsel or expert witnesses prior to June 7, 2012—Distribution of depictions under color of law not a defense.

RCW 9.68A.190
Criminal proceedings—Depictions of minors engaged in sexually explicit conduct—Depictions distributed to defense counsel or expert witnesses prior to June 7, 2012—Distribution of depictions under color of law not a defense.
Any depiction of a minor engaged in sexually explicit conduct, in any format, distributed as discovery to defense counsel or an expert witness prior to June 7, 2012, shall either be returned to the law enforcement agency that investigated the criminal charges or destroyed, if the case is no longer pending in superior court. If the case is still pending, the depiction shall be returned to the superior court judge assigned to the case or the presiding judge. The court shall order either the destruction of the depiction or the safekeeping of the depiction if it will be used at trial.
It is not a defense to violations of this chapter for crimes committed after December 31, 2012, that the initial receipt of the depictions was done under the color of law through the discovery process.
[ 2012 c 135 § 4.]
2023 Revised Code of Washington › Title 9 - Crimes and Punishments › Chapter 9.68A - Sexual Exploitation of Children. › 9.68A.200 - Child rescue fund.

RCW 9.68A.200
Child rescue fund.
(1) The child rescue fund is created in the custody of the state treasurer. All receipts from fees collected under RCW 9.68A.107 must be deposited into the fund.
(2) Only the attorney general for the state of Washington or the attorney general's designee may authorize expenditures from the fund.
(3) The attorney general or his or her designee must make any expenditures from the fund according to the following schedule:
(a) Twenty-five percent of receipts for grants to child advocacy centers, as defined in RCW 26.44.020; and
(b) Seventy-five percent of receipts for grants to the Washington internet crimes against children task force for use in investigations and prosecutions of crimes against children.
(4) The fund is subject to the allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.
[ 2015 c 279 § 3.]
NOTES:
Findings—2015 c 279: See note following RCW 9.68A.107.
2023 Revised Code of Washington › Title 9 - Crimes and Punishments › Chapter 9.68A - Sexual Exploitation of Children. › 9.68A.912 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.

RCW 9.68A.912
Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.
For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered domestic partnerships that have been terminated, dissolved, or invalidated, to the extent that such interpretation does not conflict with federal law. Where necessary to implement chapter 521, Laws of 2009, gender-specific terms such as husband and wife used in any statute, rule, or other law shall be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships.
[ 2009 c 521 § 20.]
2023 Revised Code of Washington › Title 9 - Crimes and Punishments › Chapter 9.69 - Duty of Witnesses. › 9.69.100 - Duty of witness of offense against child or any violent offense—Penalty.

RCW 9.69.100
Duty of witness of offense against child or any violent offense—Penalty.
(1) A person who witnesses the actual commission of:
(a) A violent offense as defined in RCW 9.94A.030 or preparations for the commission of such an offense;
(b) A sexual offense against a child or an attempt to commit such a sexual offense; or
(c) An assault of a child that appears reasonably likely to cause substantial bodily harm to the child,
shall as soon as reasonably possible notify the prosecuting attorney, law enforcement, medical assistance, or other public officials.
(2) This section shall not be construed to affect privileged relationships as provided by law.
(3) The duty to notify a person or agency under this section is met if a person notifies or attempts to provide such notice by telephone or any other means as soon as reasonably possible.
(4) Failure to report as required by subsection (1) of this section is a gross misdemeanor. However, a person is not required to report under this section where that person has a reasonable belief that making such a report would place that person or another family or household member in danger of immediate physical harm.
[ 1987 c 503 § 18; 1985 c 443 § 21; 1970 ex.s. c 49 § 8.]
NOTES:
Effective date—1987 c 503: See RCW 74.14B.902.
Severability—Effective date—1985 c 443: See notes following RCW 7.69.010.
Severability—1970 ex.s. c 49: "If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [ 1970 ex.s. c 49 § 9.]
Abuse of children: Chapter 26.44 RCW.
2023 Revised Code of Washington › Title 9 - Crimes and Punishments › Chapter 9.72 - Perjury. › 9.72.090 - Committal of witness—Detention of documents.

RCW 9.72.090
Committal of witness—Detention of documents.
Whenever it shall appear probable to a judge, magistrate, or other officer lawfully authorized to conduct any hearing, proceeding or investigation, that a person who has testified before such judge, magistrate, or officer has committed perjury in any testimony so given, or offered any false evidence, he or she may, by order or process for that purpose, immediately commit such person to jail or take a recognizance for such person's appearance to answer such charge. In such case such judge, magistrate, or officer may detain any book, paper, document, record or other instrument produced before him or her or direct it to be delivered to the prosecuting attorney.
[ 1987 c 202 § 141; 1909 c 249 § 107; RRS § 2359.]
NOTES:
Intent—1987 c 202: See note following RCW 2.04.190.
2023 Revised Code of Washington › Title 9 - Crimes and Punishments › Chapter 9.73 - Privacy, Violating Right Of. › 9.73.010 - Divulging telegram.

RCW 9.73.010
Divulging telegram.
Every person who shall wrongfully obtain or attempt to obtain, any knowledge of a telegraphic message, by connivance with the clerk, operator, messenger, or other employee of a telegraph company, and every clerk, operator, messenger, or other employee of such company who shall willfully divulge to any but the person for whom it was intended, any telegraphic message or dispatch intrusted to him or her for transmission or delivery, or the nature or contents thereof, or shall willfully refuse, neglect, or delay duly to transmit or deliver the same, shall be guilty of a misdemeanor.
[ 2011 c 336 § 323; 1909 c 249 § 410; Code 1881 § 2342; RRS § 2662.]
NOTES:
Intercepting, delaying telegram: RCW 9A.48.070, 9A.48.080.
2023 Revised Code of Washington › Title 9 - Crimes and Punishments › Chapter 9.73 - Privacy, Violating Right Of. › 9.73.020 - Opening sealed letter.

RCW 9.73.020
Opening sealed letter.
Every person who shall wilfully open or read, or cause to be opened or read, any sealed message, letter or telegram intended for another person, or publish the whole or any portion of such a message, letter or telegram, knowing it to have been opened or read without authority, shall be guilty of a misdemeanor.
[ 1909 c 249 § 411; RRS § 2663.]
2023 Revised Code of Washington › Title 9 - Crimes and Punishments › Chapter 9.73 - Privacy, Violating Right Of. › 9.73.050 - Admissibility of intercepted communication in evidence.

RCW 9.73.050
Admissibility of intercepted communication in evidence.
Any information obtained in violation of RCW 9.73.030 or pursuant to any order issued under the provisions of RCW 9.73.040 shall be inadmissible in any civil or criminal case in all courts of general or limited jurisdiction in this state, except with the permission of the person whose rights have been violated in an action brought for damages under the provisions of RCW 9.73.030 through 9.73.080, or in a criminal action in which the defendant is charged with a crime, the commission of which would jeopardize national security.
[ 1967 ex.s. c 93 § 3.]
NOTES:
Severability—1967 ex.s. c 93: See note following RCW 9.73.030.
2023 Revised Code of Washington › Title 9 - Crimes and Punishments › Chapter 9.73 - Privacy, Violating Right Of. › 9.73.060 - Violating right of privacy—Civil action—Liability for damages.

RCW 9.73.060
Violating right of privacy—Civil action—Liability for damages.
Any person who, directly or by means of a detective agency or any other agent, violates the provisions of this chapter shall be subject to legal action for damages, to be brought by any other person claiming that a violation of this statute has injured his or her business, his or her person, or his or her reputation. A person so injured shall be entitled to actual damages, including mental pain and suffering endured by him or her on account of violation of the provisions of this chapter, or liquidated damages computed at the rate of one hundred dollars a day for each day of violation, not to exceed one thousand dollars, and a reasonable attorney's fee and other costs of litigation.
[ 2011 c 336 § 324; 1977 ex.s. c 363 § 2; 1967 ex.s. c 93 § 4.]
NOTES:
Severability—1967 ex.s. c 93: See note following RCW 9.73.030.
2023 Revised Code of Washington › Title 9 - Crimes and Punishments › Chapter 9.73 - Privacy, Violating Right Of. › 9.73.070 - Persons and activities excepted from chapter.

RCW 9.73.070
Persons and activities excepted from chapter.
(1) The provisions of this chapter shall not apply to any activity in connection with services provided by a common carrier pursuant to its tariffs on file with the Washington utilities and transportation commission or the Federal Communication Commission and any activity of any officer, agent or employee of a common carrier who performs any act otherwise prohibited by this law in the construction, maintenance, repair and operations of the common carrier's communications services, facilities, or equipment or incident to the use of such services, facilities or equipment. Common carrier as used in this section means any person engaged as a common carrier or public service company for hire in intrastate, interstate or foreign communication by wire or radio or in intrastate, interstate or foreign radio transmission of energy.
(2) The provisions of this chapter shall not apply to:
(a) Any common carrier automatic number, caller, or location identification service that has been approved by the Washington utilities and transportation commission; or
(b) A 911 or enhanced 911 emergency service as defined in RCW 82.14B.020, for purposes of aiding public health or public safety agencies to respond to calls placed for emergency assistance.
[ 1994 c 49 § 1. Prior: 1991 c 329 § 8; 1991 c 312 § 1; 1967 ex.s. c 93 § 5.]
NOTES:
Severability—1967 ex.s. c 93: See note following RCW 9.73.030.
2023 Revised Code of Washington › Title 9 - Crimes and Punishments › Chapter 9.73 - Privacy, Violating Right Of. › 9.73.080 - Penalties.

RCW 9.73.080
Penalties.
(1) Except as otherwise provided in this chapter, any person who violates RCW 9.73.030 is guilty of a gross misdemeanor.
(2) Any person who knowingly alters, erases, or wrongfully discloses any recording in violation of RCW 9.73.090(1)(c) is guilty of a gross misdemeanor.
[ 2000 c 195 § 3; 1989 c 271 § 209; 1967 ex.s. c 93 § 6.]
NOTES:
Intent—2000 c 195: See note following RCW 9.73.090.
Severability—1989 c 271: See note following RCW 9.94A.510.
Severability—1967 ex.s. c 93: See note following RCW 9.73.030.
2023 Revised Code of Washington › Title 9 - Crimes and Punishments › Chapter 9.73 - Privacy, Violating Right Of. › 9.73.100 - Recordings available to defense counsel.

RCW 9.73.100
Recordings available to defense counsel.
Video and/or sound recordings obtained by police personnel under the authority of RCW 9.73.090 and 9.73.100 shall be made available for hearing and/or viewing by defense counsel at the request of defense counsel whenever a criminal charge has been filed against the subject of the video and/or sound recordings.
[ 1970 ex.s. c 48 § 2.]
NOTES:
Severability—1970 ex.s. c 48: See note following RCW 9.73.090.
2023 Revised Code of Washington › Title 9 - Crimes and Punishments › Chapter 9.73 - Privacy, Violating Right Of. › 9.73.110 - Intercepting, recording, or disclosing private communications—Not unlawful for building owner—Conditions.

RCW 9.73.110
Intercepting, recording, or disclosing private communications—Not unlawful for building owner—Conditions.
It shall not be unlawful for the owner or person entitled to use and possession of a building, as defined in RCW 9A.04.110(5), or the agent of such person, to intercept, record, or disclose communications or conversations which occur within such building if the persons engaged in such communication or conversation are engaged in a criminal act at the time of such communication or conversation by virtue of unlawful entry or remaining unlawfully in such building.
[ 1977 ex.s. c 363 § 4.]