Title 9 — Title 9 CRIMES AND PUNISHMENTS
48 chapters · 738 sections in this title.
RCW 9.68A.001 Legislative findings, intent.
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The legislature finds that the prevention of sexual exploitation and abuse of children constitutes a government objective of surpassing importance. The care of children is a sacred trust and should not be abused by those who seek commercial gain or personal gratification based on…
RCW 9.68A.005 Chapter not applicable to lawful conduct between spouses.
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This chapter does not apply to lawful conduct between spouses.[ 2010 c 227 s 2.]
RCW 9.68A.011 Definitions.
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*** CHANGE IN 2026 *** (SEE 5105-S.SL) ***Unless the context clearly indicates otherwise, the definitions in this section apply throughout this chapter.(1) "Digitization" means creating or altering any visual or printed matter to depict an identifiable minor in a realistic manner…
RCW 9.68A.040 Sexual exploitation of a minor—Elements of crime—Penalty.
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*** CHANGE IN 2026 *** (SEE 5105-S.SL) ***(1) A person is guilty of sexual exploitation of a minor if the person:(a) Compels a minor by threat or force to engage in sexually explicit conduct, knowing that such conduct will be photographed or part of a live performance;(b) Aids, i…
RCW 9.68A.050 Dealing in depictions of minor engaged in sexually explicit conduct.
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*** CHANGE IN 2026 *** (SEE 5105-S.SL) ***(1)(a) A person eighteen years of age or older commits the crime of dealing in depictions of a minor engaged in sexually explicit conduct in the first degree when he or she:(i) Knowingly develops, duplicates, publishes, prints, disseminat…
RCW 9.68A.053 Sexually explicit images—Crimes by minors—Penalties.
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*** CHANGE IN 2026 *** (SEE 5105-S.SL) ***(1)(a)(i) A person under the age of eighteen commits the crime of a minor dealing in depictions of another minor thirteen years of age or older engaged in sexually explicit conduct in the first degree when he or she knowingly distributes,…
RCW 9.68A.055 Sexually explicit images—Forfeiture by minors.
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A minor who possesses any depiction or depictions, including any fabricated depiction or depictions, of any other minor engaged in an act of sexually explicit conduct as defined in RCW 9.68A.011 forfeits any right to continued possession of the depiction or depictions and any cou…
RCW 9.68A.060 Sending, bringing into state depictions of minor engaged in sexually explicit conduct.
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*** CHANGE IN 2026 *** (SEE 5105-S.SL) ***(1)(a) Except as provided in subsections (3) and (4) of this section, a person commits the crime of sending or bringing into the state depictions of a minor engaged in sexually explicit conduct in the first degree when he or she knowingly…
RCW 9.68A.070 Possession of depictions of minor engaged in sexually explicit conduct.
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*** CHANGE IN 2026 *** (SEE 5105-S.SL) ***(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 o…
RCW 9.68A.075 Viewing depictions of a minor engaged in sexually explicit conduct.
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*** CHANGE IN 2026 *** (SEE 5105-S.SL) ***(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) thro…
RCW 9.68A.080 Reporting of depictions of minor engaged in sexually explicit conduct—Civil immunity.
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(1) A person who, in the course of processing or producing visual or printed matter either privately or commercially, has reasonable cause to believe that the visual or printed matter submitted for processing or producing depicts a minor engaged in sexually explicit conduct shall…
RCW 9.68A.090 Communication with minor for immoral purposes—Penalties.
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(1) Except as provided in subsection (2) of this section, a person who communicates with a minor for immoral purposes, or a person who communicates with someone the person believes to be a minor for immoral purposes, is guilty of a gross misdemeanor.(2) A person who communicates …
RCW 9.68A.100 Commercial sexual abuse of a minor—Penalties—Consent of minor does not constitute defense.
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(1) A person is guilty of commercial sexual abuse of a minor if:(a) He or she provides anything of value to a minor or a third person as compensation for a minor having engaged in sexual conduct with him or her;(b) He or she provides or agrees to provide anything of value to a mi…
RCW 9.68A.101 Promoting commercial sexual abuse of a minor—Penalty—Consent of minor does not constitute defense.
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(1) A person is guilty of promoting commercial sexual abuse of a minor if he or she knowingly advances commercial sexual abuse or a sexually explicit act of a minor or profits from a minor engaged in sexual conduct or a sexually explicit act.(2) Promoting commercial sexual abuse …
RCW 9.68A.102 Promoting travel for commercial sexual abuse of a minor—Penalty—Consent of minor does not constitute defense.
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(1) A person commits the offense of promoting travel for commercial sexual abuse of a minor if he or she knowingly sells or offers to sell travel services that include or facilitate travel for the purpose of engaging in what would be commercial sexual abuse of a minor or promotin…
RCW 9.68A.103 Permitting commercial sexual abuse of a minor—Penalty—Consent of minor does not constitute defense.
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(1) A person is guilty of permitting commercial sexual abuse of a minor if, having possession or control of premises which he or she knows are being used for the purpose of commercial sexual abuse of a minor, he or she fails without lawful excuse to make reasonable effort to halt…
RCW 9.68A.105 Additional fee assessment.
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(1)(a) In addition to penalties set forth in RCW 9.68A.100, 9.68A.101, and 9.68A.102, an adult offender who is either convicted or given a deferred sentence or a deferred prosecution or who has entered into a statutory or nonstatutory diversion agreement as a result of an arrest …
RCW 9.68A.106 Additional fee assessment—Internet advertisement.
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(1) In addition to all other penalties under this chapter, an adult offender convicted of an offense under RCW 9.68A.100, 9.68A.101, or 9.68A.102 shall be assessed an additional fee of five thousand dollars per offense when the court finds that an internet advertisement in which …
RCW 9.68A.107 Additional fee assessment—Depiction or image of visual or printed matter.
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(1) In addition to penalties set forth in RCW 9.68A.070, a person who is convicted of violating RCW 9.68A.070 shall be assessed a fee of one thousand dollars for each depiction or image of visual or printed matter that constitutes a separate conviction.(2) Fees assessed under thi…
RCW 9.68A.110 Certain defenses barred, permitted.
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*** CHANGE IN 2026 *** (SEE 5105-S.SL) ***(1) In a prosecution under RCW 9.68A.040, it is not a defense that the defendant was involved in activities of law enforcement and prosecution agencies in the investigation and prosecution of criminal offenses. Law enforcement and prosecu…
RCW 9.68A.120 Seizure and forfeiture of property.
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The following are subject to seizure and forfeiture:(1) All visual or printed matter that depicts a minor engaged in sexually explicit conduct.(2) All raw materials, equipment, and other tangible personal property of any kind used or intended to be used to manufacture or process …
RCW 9.68A.130 Recovery of costs of suit by minor.
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A minor prevailing in a civil action arising from violation of this chapter is entitled to recover the costs of the suit, including an award of reasonable attorneys' fees.[ 1984 c 262 s 12.]
RCW 9.68A.150 Allowing minor on premises of live erotic performance—Definitions—Penalty.
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(1) No person may knowingly allow a minor to be on the premises of a commercial establishment open to the public if there is a live performance containing matter which is erotic material.(2) Any person who is convicted of violating this section is guilty of a gross misdemeanor.(3…
RCW 9.68A.170 Criminal proceedings—Depictions of minors engaged in sexually explicit conduct—Restrictions on access.
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(1) In any criminal proceeding, any property or material that constitutes a depiction of a minor engaged in sexually explicit conduct, including any fabricated depictions, shall remain in the care, custody, and control of either a law enforcement agency or the court.(2) Despite a…
RCW 9.68A.180 Criminal proceedings—Depictions of minors engaged in sexually explicit conduct—Sealing, storage, destruction of exhibits.
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(1) Whenever a depiction of a minor engaged in sexually explicit conduct, regardless of its format and whether it is a fabricated depiction, 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 exh…
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.
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Any depiction of a minor engaged in sexually explicit conduct, in any format and including any fabricated depictions, 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 t…
RCW 9.68A.200 Child rescue fund.
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(1) The child rescue fund is created in the custody of the state treasurer. All receipts from fees collected under RCW 9.68A.107 must be deposited into the fund.(2) Only the attorney general for the state of Washington or the attorney general's designee may authorize expenditures…
RCW 9.68A.912 Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.
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For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to …
RCW 9.69.100 Duty of witness of offense against child or any violent offense—Penalty.
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(1) A person who witnesses the actual commission of:(a) A violent offense as defined in RCW 9.94A.030 or preparations for the commission of such an offense;(b) A sexual offense against a child or an attempt to commit such a sexual offense; or(c) An assault of a child that appears…
RCW 9.72.090 Committal of witness—Detention of documents.
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Whenever it shall appear probable to a judge, magistrate, or other officer lawfully authorized to conduct any hearing, proceeding or investigation, that a person who has testified before such judge, magistrate, or officer has committed perjury in any testimony so given, or offere…
RCW 9.73.010 Divulging telegram.
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Every person who shall wrongfully obtain or attempt to obtain, any knowledge of a telegraphic message, by connivance with the clerk, operator, messenger, or other employee of a telegraph company, and every clerk, operator, messenger, or other employee of such company who shall wi…
RCW 9.73.020 Opening sealed letter.
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Every person who shall wilfully open or read, or cause to be opened or read, any sealed message, letter or telegram intended for another person, or publish the whole or any portion of such a message, letter or telegram, knowing it to have been opened or read without authority, sh…
RCW 9.73.030 Intercepting, recording, or divulging private communication—Consent required—Exceptions.
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(1) Except as otherwise provided in this chapter, it shall be unlawful for any individual, partnership, corporation, association, or the state of Washington, its agencies, and political subdivisions to intercept, or record any:(a) Private communication transmitted by telephone, t…
RCW 9.73.040 Intercepting private communication—Court order permitting interception—Grounds for issuance—Duration—Renewal.
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(1) An ex parte order for the interception of any communication or conversation listed in RCW 9.73.030 may be issued by any superior court judge in the state upon verified application of either the state attorney general or any county prosecuting attorney setting forth fully fact…
RCW 9.73.050 Admissibility of intercepted communication in evidence.
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Any information obtained in violation of RCW 9.73.030 or pursuant to any order issued under the provisions of RCW 9.73.040 shall be inadmissible in any civil or criminal case in all courts of general or limited jurisdiction in this state, except with the permission of the person …
RCW 9.73.060 Violating right of privacy—Civil action—Liability for damages.
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Any person who, directly or by means of a detective agency or any other agent, violates the provisions of this chapter shall be subject to legal action for damages, to be brought by any other person claiming that a violation of this statute has injured his or her business, his or…
RCW 9.73.070 Persons and activities excepted from chapter.
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(1) The provisions of this chapter shall not apply to any activity in connection with services provided by a common carrier pursuant to its tariffs on file with the Washington utilities and transportation commission or the Federal Communication Commission and any activity of any …
RCW 9.73.080 Penalties.
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(1) Except as otherwise provided in this chapter, any person who violates RCW 9.73.030 is guilty of a gross misdemeanor.(2) Any person who knowingly alters, erases, or wrongfully discloses any recording in violation of RCW 9.73.090(1)(c) is guilty of a gross misdemeanor.[ 2000 c …
RCW 9.73.090 Certain emergency response personnel exempted from RCW 9.73.030 through 9.73.080—Standards—Court authorizations—Admissibility.
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(1) The provisions of RCW 9.73.030 through 9.73.080 shall not apply to police, fire, emergency medical service, emergency communication center, and poison center personnel in the following instances:(a) Recording incoming telephone calls to police and fire stations, licensed emer…
RCW 9.73.095 Intercepting, recording, or divulging offender conversations—Conditions—Notice.
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(1) RCW 9.73.030 through 9.73.080 and 9.73.260 shall not apply to employees of the department of corrections in the following instances: Intercepting, recording, or divulging any telephone calls from an offender or resident of a state correctional facility; or intercepting, recor…
RCW 9.73.100 Recordings available to defense counsel.
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Video and/or sound recordings obtained by police personnel under the authority of RCW 9.73.090 and 9.73.100 shall be made available for hearing and/or viewing by defense counsel at the request of defense counsel whenever a criminal charge has been filed against the subject of the…
RCW 9.73.110 Intercepting, recording, or disclosing private communications—Not unlawful for building owner—Conditions.
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It shall not be unlawful for the owner or person entitled to use and possession of a building, as defined in RCW 9A.04.110(5), or the agent of such person, to intercept, record, or disclose communications or conversations which occur within such building if the persons engaged in…
RCW 9.73.130 Recording private communications—Authorization—Application for, contents.
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Each application for an authorization to record communications or conversations pursuant to RCW 9.73.090 as now or hereafter amended shall be made in writing upon oath or affirmation and shall state:(1) The authority of the applicant to make such application;(2) The identity and …
RCW 9.73.140 Recording private communications—Authorization of or application for—Inventory, contents, service—Availability of recording, applications, and orders.
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Within a reasonable time but not later than thirty days after the termination of the period of the authorization or of extensions or renewals thereof, or the date of the denial of an authorization applied for under RCW 9.73.090 as now or hereafter amended, the issuing authority s…
RCW 9.73.200 Intercepting, transmitting, or recording conversations concerning controlled substances—Findings.
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The legislature finds that the unlawful manufacturing, selling, and distributing of controlled substances is becoming increasingly prevalent and violent. Attempts by law enforcement officers to prevent the manufacture, sale, and distribution of drugs is resulting in numerous life…
RCW 9.73.210 Intercepting, transmitting, or recording conversations concerning controlled substances or commercial sexual abuse of a minor—Authorization—Monthly report—Admissibility—Destruction of information.
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(1) If a police commander or officer above the rank of first line supervisor has reasonable suspicion that the safety of the consenting party is in danger, law enforcement personnel may, for the sole purpose of protecting the safety of the consenting party, intercept, transmit, o…
RCW 9.73.220 Judicial authorizations—Availability of judge required.
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In each superior court judicial district in a county with a population of two hundred ten thousand or more there shall be available twenty-four hours a day at least one superior court or district court judge or magistrate designated to receive telephonic requests for authorizatio…
RCW 9.73.230 Intercepting, transmitting, or recording conversations concerning controlled substances or commercial sexual abuse of a minor—Conditions—Written reports required—Judicial review—Notice—Admissibility—Penalties.
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(1) As part of a bona fide criminal investigation, the chief law enforcement officer of a law enforcement agency or his or her designee above the rank of first line supervisor may authorize the interception, transmission, or recording of a conversation or communication by officer…
RCW 9.73.240 Intercepting, transmitting, or recording conversations concerning controlled substances—Concurrent power of attorney general to investigate and prosecute.
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(1) The attorney general shall have concurrent authority and power with the prosecuting attorneys to investigate violations of RCW 9.73.200 through 9.73.230 or RCW 9.73.090 and initiate and conduct prosecutions of any violations upon request of any of the following:(a) The person…
RCW 9.73.260 Pen registers, trap and trace devices, cell site simulator devices.
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(1) As used in this section:(a) "Wire communication" means any aural transfer made in whole or in part through the use of facilities for the transmission of communications by the aid of wire, cable, or other like connection between the point of origin and the point of reception, …