Revised Code of Washington
Chapter 9.68A - Sexual Exploitation of Children.
9.68A.053 - Sexually explicit images—Crimes by minors—Penalties.

RCW 9.68A.053
Sexually explicit images—Crimes by minors—Penalties.

(1)(a)(i) A person under the age of eighteen commits the crime of a minor dealing in depictions of another minor thirteen years of age or older engaged in sexually explicit conduct in the first degree when he or she knowingly distributes, publishes, transfers, disseminates, or exchanges a visual or printed matter that depicts another minor thirteen years of age or older engaged in an act of sexually explicit conduct as defined in RCW 9.68A.011(4) (a) through (e).
(ii) Minor dealing in depictions of another minor thirteen years of age or older engaged in sexually explicit conduct in the first degree is a gross misdemeanor.
(b)(i) A person under the age of eighteen commits the crime of a minor dealing in depictions of another minor thirteen years of age or older engaged in sexually explicit conduct in the second degree when he or she knowingly distributes, publishes, transfers, disseminates, or exchanges a visual or printed matter that depicts another minor thirteen years of age or older engaged in an act of sexually explicit conduct as defined in RCW 9.68A.011(4) (f) or (g).
(ii) Minor dealing in depictions of another minor thirteen years of age or older engaged in sexually explicit conduct in the second degree is a misdemeanor.
(2)(a) A person under age eighteen commits the crime of minor dealing in depictions of another minor twelve years of age or younger 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 another minor twelve years of age or younger 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 another minor twelve years of age or younger engaged in an act of sexually explicit conduct as defined in RCW 9.68A.011(4) (a) through (e).
(b) Minor dealing in depictions of another minor twelve years of age or younger engaged in sexually explicit conduct in the first degree is a class B felony punishable under chapter 9A.20 RCW.
(3)(a) A person under age eighteen commits the crime of minor dealing in depictions of another minor twelve years of age or younger 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 another minor twelve years of age or younger 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 another minor twelve years of age or younger engaged in an act of sexually explicit conduct as defined in RCW 9.68A.011(4) (f) or (g).
(b) Minor dealing in depictions of a minor twelve years of age or younger engaged in sexually explicit conduct in the second degree is a class B felony punishable under chapter 9A.20 RCW.
(4)(a) Any person under the age of eighteen commits the crime of minor financing or selling depictions of another minor engaged in sexually explicit conduct when he or she 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 (g).
(b) Minor financing or selling depictions of another minor engaged in sexually explicit conduct is a class B felony punishable under chapter 9A.20 RCW.
(5)(a) A person under the age of eighteen commits the crime of minor selling depictions of himself or herself engaged in sexually explicit conduct when he or she sells a visual or printed matter that depicts himself or herself engaged in an act of sexually explicit conduct as defined in RCW 9.68A.011(4) (a) through (g).
(b) Minor selling depictions of himself or herself engaged in sexually explicit conduct is a misdemeanor.
(6) This section does not apply to a person under eighteen years of age who finances, attempts to finance, develops, duplicates, publishes, prints, disseminates, exchanges, or possesses a visual or printed matter that depicts himself or herself engaged in an act of sexually explicit conduct as defined in RCW 9.68A.011(4).
(7) For the purposes of determining the unit of prosecution under this section, each depiction or image of visual or printed matter constitutes a separate offense.

[ 2019 c 128 § 4.]
NOTES:

Short title—2019 c 128: See note following RCW 13.40.660.

Structure Revised Code of Washington

Revised Code of Washington

Title 9 - Crimes and Punishments

Chapter 9.68A - Sexual Exploitation of Children.

9.68A.001 - Legislative findings, intent.

9.68A.005 - Chapter not applicable to lawful conduct between spouses.

9.68A.011 - Definitions.

9.68A.040 - Sexual exploitation of a minor—Elements of crime—Penalty.

9.68A.050 - Dealing in depictions of minor engaged in sexually explicit conduct.

9.68A.053 - Sexually explicit images—Crimes by minors—Penalties.

9.68A.055 - Sexually explicit images—Forfeiture by minors.

9.68A.060 - Sending, bringing into state depictions of minor engaged in sexually explicit conduct.

9.68A.070 - Possession of depictions of minor engaged in sexually explicit conduct.

9.68A.075 - Viewing depictions of a minor engaged in sexually explicit conduct.

9.68A.080 - Reporting of depictions of minor engaged in sexually explicit conduct—Civil immunity.

9.68A.090 - Communication with minor for immoral purposes—Penalties.

9.68A.100 - Commercial sexual abuse of a minor—Penalties—Consent of minor does not constitute defense.

9.68A.101 - Promoting commercial sexual abuse of a minor—Penalty—Consent of minor does not constitute defense.

9.68A.102 - Promoting travel for commercial sexual abuse of a minor—Penalty—Consent of minor does not constitute defense.

9.68A.103 - Permitting commercial sexual abuse of a minor—Penalty—Consent of minor does not constitute defense.

9.68A.105 - Additional fee assessment.

9.68A.106 - Additional fee assessment—Internet advertisement.

9.68A.107 - Additional fee assessment—Depiction or image of visual or printed matter.

9.68A.110 - Certain defenses barred, permitted.

9.68A.120 - Seizure and forfeiture of property.

9.68A.130 - Recovery of costs of suit by minor.

9.68A.150 - Allowing minor on premises of live erotic performance—Definitions—Penalty.

9.68A.170 - Criminal proceedings—Depictions of minors engaged in sexually explicit conduct—Restrictions on access.

9.68A.180 - Criminal proceedings—Depictions of minors engaged in sexually explicit conduct—Sealing, storage, destruction of exhibits.

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.

9.68A.200 - Child rescue fund.

9.68A.912 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.