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.]
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.