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.]
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.