Revised Code of Washington
Chapter 9.68A - Sexual Exploitation of Children.
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.

RCW 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.

Any depiction of a minor engaged in sexually explicit conduct, in any format, distributed as discovery to defense counsel or an expert witness prior to June 7, 2012, shall either be returned to the law enforcement agency that investigated the criminal charges or destroyed, if the case is no longer pending in superior court. If the case is still pending, the depiction shall be returned to the superior court judge assigned to the case or the presiding judge. The court shall order either the destruction of the depiction or the safekeeping of the depiction if it will be used at trial.
It is not a defense to violations of this chapter for crimes committed after December 31, 2012, that the initial receipt of the depictions was done under the color of law through the discovery process.

[ 2012 c 135 § 4.]

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.