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.
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.