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.]
Structure 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.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.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.200 - Child rescue fund.
9.68A.912 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.