title: RCW 9.46.221

text:
(1) A person is guilty of professional gambling in the second degree if he or she engages in or knowingly causes, aids, abets, or conspires with another to engage in professional gambling as defined in this chapter, and:
(a) Acts in concert with or conspires with less than five people; or
(b) Accepts wagers exceeding two thousand dollars during any thirty-day period on future contingent events; or
(c) The operation for whom the person works, or with which the person is involved, accepts wagers exceeding two thousand dollars during any thirty-day period on future contingent events; or
(d) Maintains a "gambling premises" as defined in this chapter; or
(e) Maintains gambling records as defined in RCW 9.46.0253.
(2) However, this section shall not apply to those activities enumerated in RCW 9.46.0305 through 9.46.0361 or to any act or acts in furtherance of such activities when conducted in compliance with the provisions of this chapter and in accordance with the rules adopted pursuant to this chapter.
(3) Professional gambling in the second degree is a class C felony subject to the penalty set forth in RCW 9A.20.021.
[ 1997 c 78 s 3; 1994 c 218 s 12; 1991 c 261 s 11.]
Notes:
Effective date—1994 c 218: See note following RCW 9.46.010.

catchline: Professional gambling in the second degree.


doc_type: statute

jurisdiction: wa

title: RCW 9.46.222

text:
(1) A person is guilty of professional gambling in the third degree if he or she engages in, or knowingly causes, aids, abets, or conspires with another to engage in professional gambling as defined in this chapter, and:
(a) His or her conduct does not constitute first or second degree professional gambling;
(b) He or she operates any of the unlicensed gambling activities authorized by this chapter in a manner other than as prescribed by this chapter; or
(c) He or she is directly employed in but not managing or directing any gambling operation.
(2) This section shall not apply to those activities enumerated in RCW 9.46.0305 through 9.46.0361 or to any acts in furtherance of such activities when conducted in compliance with the provisions of this chapter and the rules adopted pursuant to this chapter.
(3) Professional gambling in the third degree is a gross misdemeanor subject to the penalty established in RCW 9A.20.021.
[ 1994 c 218 s 13; 1991 c 261 s 12.]
Notes:
Effective date—1994 c 218: See note following RCW 9.46.010.

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Professional gambling in the third degree.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 9.46.225

text:
The penalties provided for professional gambling in this chapter shall not apply to the activities authorized by this chapter when conducted in compliance with the provisions of this chapter and in accordance with the rules and regulations of the commission.
[ 1987 c 4 s 37. Formerly RCW 9.46.030(11).]

catchline: Professional gambling—Penalties not applicable to authorized activities.


title: RCW 9.46.228

text:
(1) It is unlawful for any person under the age of eighteen to play in authorized gambling activities including, but not limited to, punchboards, pull-tabs, or card games, or to participate in fund-raising events. Persons under the age of eighteen may play bingo, raffles, and amusement game activities only as provided in commission rules.
(2) A person under the age of eighteen who violates subsection (1) of this section by engaging in, or attempting to engage in, prohibited gambling activities commits a class 2 civil infraction under chapter 7.80 RCW and is subject to a fine set out in chapter 7.80 RCW, up to four hours of community restitution, and any court imposed costs.
(3) The juvenile court divisions in superior courts within the state have jurisdiction for enforcement of this section.
(4)(a) An employer may conduct an in-house controlled purchase program authorized for the purposes of employee training and employer self-compliance checks.
(b) The civil infraction provisions of this section do not apply to a person under the age of eighteen who is participating in an in-house controlled purchase program authorized by the commission under rules adopted by the commission. Violations occurring under an in-house controlled purchase program authorized by the commission may not be used for criminal or administrative prosecution.
(c) An employer who conducts an in-house controlled purchase program authorized under this section shall provide his or her employees a written description of the employer's in-house controlled purchase program. The written description must include notice of actions an employer may take as a consequence of an employee's failure to comply with company policies regarding unauthorized persons engaging in gambling activities during a controlled purchase program authorized under this section.
(5) A person under the age of eighteen who violates subsection (1) of this section shall not collect any winnings or recover any losses arising as a result of unlawfully participating in any gambling activity. Additionally, any money or anything of value which has been obtained by, or is owed to, any person under the age of eighteen as a result of such participation shall be forfeited to the department of social and health services division of alcohol and substance abuse or its successor and used for a program related to youth problem gambling awareness, prevention, and/or education. Any person claiming any money or things of value subject to forfeiture under this subsection will receive notice and an opportunity for a hearing under RCW 9.46.231.
[ 2009 c 357 s 2.]

catchline: Gambling activities by persons under age eighteen prohibited—Penalties—Jurisdiction—In-house controlled purchase programs authorized.


title: RCW 9.46.231

text:
(1) The following are subject to seizure and forfeiture and no property right exists in them:
(a) All gambling devices as defined in this chapter;
(b) All furnishings, fixtures, equipment, and stock, including without limitation furnishings and fixtures adaptable to nongambling uses and equipment and stock for printing, recording, computing, transporting, or safekeeping, used in connection with professional gambling or maintaining a gambling premises;
(c) All conveyances, including aircraft, vehicles, or vessels, that are used, or intended for use, in any manner to facilitate the sale, delivery, receipt, or operation of any gambling device, or the promotion or operation of a professional gambling activity, except that:
(i) A conveyance used by any person as a common carrier in the transaction of business as a common carrier is not subject to forfeiture under this section unless it appears that the owner or other person in charge of the conveyance is a consenting party or privy to a violation of this chapter;
(ii) A conveyance is not subject to forfeiture under this section by reason of any act or omission established by the owner thereof to have been committed or omitted without the owner's knowledge or consent;
(iii) A forfeiture of a conveyance encumbered by a bona fide security interest is subject to the interest of the secured party if the secured party neither had knowledge of nor consented to the act or omission; and
(iv) If the owner of a conveyance has been arrested under this chapter the conveyance in which the person is arrested may not be subject to forfeiture unless it is seized or process is issued for its seizure within ten days of the owner's arrest;
(d) All books, records, and research products and materials, including formulas, microfilm, tapes, and electronic data that are used, or intended for use, in violation of this chapter;
(e) All moneys, negotiable instruments, securities, or other tangible or intangible property of value at stake or displayed in or in connection with professional gambling activity or furnished or intended to be furnished by any person to facilitate the promotion or operation of a professional gambling activity;
(f) All tangible or intangible personal property, proceeds, or assets acquired in whole or in part with proceeds traceable to professional gambling activity and all moneys, negotiable instruments, and securities used or intended to be used to facilitate any violation of this chapter. A forfeiture of money, negotiable instruments, securities, or other tangible or intangible property encumbered by a bona fide security interest is subject to the interest of the secured party if, at the time the security interest was created, the secured party neither had knowledge of nor consented to the act or omission. Personal property may not be forfeited under this subsection (1)(f), to the extent of the interest of an owner, by reason of any act or omission that that owner establishes was committed or omitted without the owner's knowledge or consent; and
(g) All real property, including any right, title, and interest in the whole of any lot or tract of land, and any appurtenances or improvements that:
(i) Have been used with the knowledge of the owner for the manufacturing, processing, delivery, importing, or exporting of any illegal gambling equipment, or operation of a professional gambling activity that would constitute a felony violation of this chapter; or
(ii) Have been acquired in whole or in part with proceeds traceable to a professional gambling activity, if the activity is not less than a class C felony.
Real property forfeited under this chapter that is encumbered by a bona fide security interest remains subject to the interest of the secured party if the secured party, at the time the security interest was created, neither had knowledge of nor consented to the act or omission. Property may not be forfeited under this subsection, to the extent of the interest of an owner, by reason of any act or omission committed or omitted without the owner's knowledge or consent.
(2)(a) A law enforcement officer of this state may seize real or personal property subject to forfeiture under this chapter upon process issued by any superior court having jurisdiction over the property. Seizure of real property includes the filing of a lis pendens by the seizing agency. Real property seized under this section may not be transferred or otherwise conveyed until ninety days after seizure or until a judgment of forfeiture is entered, whichever is later, but real property seized under this section may be transferred or conveyed to any person or entity who acquires title by foreclosure or deed in lieu of foreclosure of a bona fide security interest.
(b) Seizure of personal property without process may be made if:
(i) The seizure is incident to an arrest or a search under a search warrant or an inspection under an administrative inspection warrant;
(ii) The property subject to seizure has been the subject of a prior judgment in favor of the state in a criminal injunction or forfeiture proceeding based upon this chapter;
(iii) A law enforcement officer has probable cause to believe that the property is directly or indirectly dangerous to health or safety; or
(iv) The law enforcement officer has probable cause to believe that the property was used or is intended to be used in violation of this chapter.
(3) In the event of seizure under subsection (2) of this section, proceedings for forfeiture are deemed commenced by the seizure. The law enforcement agency under whose authority the seizure was made shall cause notice to be served within fifteen days following the seizure on the owner of the property seized and the person in charge thereof and any person having any known right or interest therein, including any community property interest, of the seizure and intended forfeiture of the seized property. Service of notice of seizure of real property must be made according to the rules of civil procedure. However, the state may not obtain a default judgment with respect to real property against a party who is served by substituted service absent an affidavit stating that a good faith effort has been made to ascertain if the defaulted party is incarcerated within the state, and that there is no present basis to believe that the party is incarcerated within the state. Notice of seizure in the case of property subject to a security interest that has been perfected by filing a financing statement in accordance with chapter 62A.9A RCW, or a certificate of title, must be made by service upon the secured party or the secured party's assignee at the address shown on the financing statement or the certificate of title. The notice of seizure in other cases may be served by any method authorized by law or court rule including but not limited to service by certified mail with return receipt requested. Service by mail is deemed complete upon mailing within the fifteen-day period following the seizure.
(4) If no person notifies the seizing law enforcement agency in writing of the person's claim of ownership or right to possession of items specified in subsection (1) of this section within forty-five days of the seizure in the case of personal property and ninety days in the case of real property, the item seized is deemed forfeited. The community property interest in real property of a person whose spouse or domestic partner committed a violation giving rise to seizure of the real property may not be forfeited if the person did not participate in the violation.
(5) If any person notifies the seizing law enforcement agency in writing of the person's claim of ownership or right to possession of items specified in subsection (1) of this section within forty-five days of the seizure in the case of personal property and ninety days in the case of real property, the person or persons must be afforded a reasonable opportunity to be heard as to the claim or right. The hearing must be before the chief law enforcement officer of the seizing agency or the chief law enforcement officer's designee, except if the seizing agency is a state agency as defined in RCW 34.12.020(4), the hearing must be before the chief law enforcement officer of the seizing agency or an administrative law judge appointed under chapter 34.12 RCW, except that any person asserting a claim or right may remove the matter to a court of competent jurisdiction. Removal of any matter involving personal property may only be accomplished according to the rules of civil procedure. The person seeking removal of the matter must serve process against the state, county, political subdivision, or municipality that operates the seizing agency, and any other party of interest, in accordance with RCW 4.28.080 or 4.92.020, within forty-five days after the person seeking removal has notified the seizing law enforcement agency of the person's claim of ownership or right to possession. The court to which the matter is to be removed must be the district court if the aggregate value of personal property is within the jurisdictional limit set forth in RCW 3.66.020. A hearing before the seizing agency and any appeal therefrom must be under Title 34 RCW. In a court hearing between two or more claimants to the article or articles involved, the prevailing party is entitled to a judgment for costs and reasonable attorneys' fees. In cases involving personal property, the burden of producing evidence is upon the person claiming to be the lawful owner or the person claiming to have the lawful right to possession of the property. In cases involving property seized under subsection (1)(a) of this section, the only issues to be determined by the tribunal are whether the item seized is a gambling device, and whether the device is an antique device as defined by RCW 9.46.235. In cases involving real property, the burden of producing evidence is upon the law enforcement agency. The burden of proof that the seized real property is subject to forfeiture is upon the law enforcement agency. The seizing law enforcement agency shall promptly return the article or articles to the claimant upon a final determination by the administrative law judge or court that the claimant is the present lawful owner or is lawfully entitled to possession thereof of items specified in subsection (1) of this section.
(6) If property is forfeited under this chapter the seizing law enforcement agency may:
(a) Retain it for official use or upon application by any law enforcement agency of this state release the property to the agency for training or use in enforcing this chapter;
(b) Sell that which is not required to be destroyed by law and which is not harmful to the public; or
(c) Destroy any articles that may not be lawfully possessed within the state of Washington, or that have a fair market value of less than one hundred dollars.
(7)(a) If property is forfeited, the seizing agency shall keep a record indicating the identity of the prior owner, if known, a description of the property, the disposition of the property, the value of the property at the time of seizure, and the amount of proceeds realized from disposition of the property. The net proceeds of forfeited property is the value of the forfeitable interest in the property after deducting the cost of satisfying any bona fide security interest to which the property is subject at the time of seizure, and in the case of sold property, after deducting the cost of sale, including reasonable fees or commissions paid to independent selling agents.
(b) Each seizing agency shall retain records of forfeited property for at least seven years.
(8) The seizing law enforcement agency shall retain forfeited property and net proceeds exclusively for the expansion and improvement of gambling-related law enforcement activity. Money retained under this section may not be used to supplant preexisting funding sources.
(9) Gambling devices that are possessed, transferred, sold, or offered for sale in violation of this chapter are contraband and must be seized and summarily forfeited to the state. Gambling equipment that is seized or comes into the possession of a law enforcement agency, the owners of which are unknown, are contraband and must be summarily forfeited to the state.
(10) Upon the entry of an order of forfeiture of real property, the court shall forward a copy of the order to the assessor of the county in which the property is located. The superior court shall enter orders for the forfeiture of real property, subject to court rules. The seizing agency shall file such an order in the county auditor's records in the county in which the real property is located.
(11)(a) A landlord may assert a claim against proceeds from the sale of assets seized and forfeited under subsection (6)(b) of this section, only if:
(i) A law enforcement officer, while acting in his or her official capacity, directly caused damage to the complaining landlord's property while executing a search of a tenant's residence; and
(ii) The landlord has applied any funds remaining in the tenant's deposit, to which the landlord has a right under chapter 59.18 RCW, to cover the damage directly caused by a law enforcement officer before asserting a claim under this section.
(A) Only if the funds applied under (a)(ii) of this subsection are insufficient to satisfy the damage directly caused by a law enforcement officer, may the landlord seek compensation for the damage by filing a claim against the governmental entity under whose authority the law enforcement agency operates within thirty days after the search; and
(B) Only if the governmental entity denies or fails to respond to the landlord's claim within sixty days of the date of filing, may the landlord collect damages under this subsection by filing within thirty days of denial or the expiration of the sixty-day period, whichever occurs first, a claim with the seizing law enforcement agency. The seizing law enforcement agency shall notify the landlord of the status of the claim by the end of the thirty-day period. This section does not require the claim to be paid by the end of the sixty-day or thirty-day period.
(b) For any claim filed under (a)(ii) of this subsection, the law enforcement agency shall pay the claim unless the agency provides substantial proof that the landlord either:
(i) Knew or consented to actions of the tenant in violation of this chapter; or
(ii) Failed to respond to a notification of the illegal activity, provided by a law enforcement agency within seven days of receipt of notification of the illegal activity.
(12) The landlord's claim for damages under subsection (11) of this section may not include a claim for loss of business and is limited to:
(a) Damage to tangible property and clean-up costs;
(b) The lesser of the cost of repair or fair market value of the damage directly caused by a law enforcement officer;
(c) The proceeds from the sale of the specific tenant's property seized and forfeited under subsection (6)(b) of this section; and
(d) The proceeds available after the seizing law enforcement agency satisfies any bona fide security interest in the tenant's property and costs related to sale of the tenant's property as provided by subsection (7)(a) of this section.
(13) Subsections (11) and (12) of this section do not limit any other rights a landlord may have against a tenant to collect for damages. However, if a law enforcement agency satisfies a landlord's claim under subsection (11) of this section, the rights the landlord has against the tenant for damages directly caused by a law enforcement officer under the terms of the landlord and tenant's contract are subrogated to the law enforcement agency.
(14) Liability is not imposed by this section upon any authorized state, county, or municipal officer, including a commission special agent, in the lawful performance of his or her duties.
[ 2008 c 6 s 629; 1997 c 128 s 1; 1994 c 218 s 7.]
Notes:
Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901.
Effective date—1994 c 218: See note following RCW 9.46.010.

catchline: Gambling devices, real and personal property—Seizure and forfeiture.


title: RCW 9.46.235

text:
(1) For purposes of a prosecution under RCW 9.46.215 or a seizure, confiscation, or destruction order under RCW 9.46.231, it shall be a defense that the gambling device involved is an antique slot machine and that the antique slot machine was not operated for gambling purposes while in the owner's or defendant's possession. Operation of an antique slot machine shall be only by free play or with coins provided at no cost by the owner. No slot machine, having been seized under this chapter, may be altered, destroyed, or disposed of without affording the owner thereof an opportunity to present a defense under this section. If the defense is applicable, the antique slot machine shall be returned to the owner or defendant, as the court may direct.
(2) RCW 9.46.231 shall have no application to any antique slot machine that has not been operated for gambling purposes while in the owner's possession.
(3) For the purposes of this section, a slot machine shall be conclusively presumed to be an antique slot machine if it is at least twenty-five years old.
(4) RCW 9.46.231 and 9.46.215 do not apply to gambling devices on board a passenger cruise ship which has been registered and bonded with the federal maritime commission, if the gambling devices are not operated for gambling purposes within the state.
[ 1994 c 218 s 15; 1987 c 191 s 1; 1977 ex.s. c 165 s 1.]
Notes:
Effective date—1994 c 218: See note following RCW 9.46.010.

catchline: Slot machines, antique—Defenses concerning—Presumption created.


title: RCW 9.46.240

text:
(1) Whoever knowingly transmits or receives gambling information by telephone, telegraph, radio, semaphore, the internet, a telecommunications transmission system, or similar means, or knowingly installs or maintains equipment for the transmission or receipt of gambling information shall be guilty of a class C felony subject to the penalty set forth in RCW 9A.20.021.
(2) This section shall not apply to such information transmitted or received or equipment or devices installed or maintained relating to activities authorized by this chapter including, but not limited to, sports wagering authorized under RCW 9.46.0364 and 9.46.0368, or to any act or acts in furtherance thereof when conducted in compliance with the provisions of this chapter and in accordance with the rules adopted under this chapter and conducted in accordance with tribal-state compacts.
[ 2020 c 127 s 10; 2006 c 290 s 2; 1991 c 261 s 9; 1987 c 4 s 44; 1973 1st ex.s. c 218 s 24.]
Notes:
Intent—Effective date—2020 c 127: See notes following RCW 9.46.0364.
State policy—2006 c 290: "It is the policy of this state to prohibit all forms and means of gambling, except where carefully and specifically authorized and regulated. With the advent of the internet and other technologies and means of communication that were not contemplated when either the gambling act was enacted in 1973, or the lottery commission was created in 1982, it is appropriate for this legislature to reaffirm the policy prohibiting gambling that exploits such new technologies." [ 2006 c 290 s 1.]

catchline: Gambling information, transmitting or receiving.


title: RCW 9.46.250

text:
(1) All gambling premises are common nuisances and shall be subject to abatement by injunction or as otherwise provided by law. The plaintiff in any action brought under this subsection against any gambling premises, need not show special injury and may, in the discretion of the court, be relieved of all requirements as to giving security.
(2) When any property or premise held under a mortgage, contract, or leasehold is determined by a court having jurisdiction to be a gambling premises, all rights and interests of the holder therein shall terminate and the owner shall be entitled to immediate possession at his or her election: PROVIDED, HOWEVER, That this subsection shall not apply to those premises in which activities authorized by this chapter or any act or acts in furtherance thereof are carried on when conducted in compliance with the provisions of this chapter and in accordance with the rules and regulations adopted pursuant thereto.
(3) When any property or premises for which one or more licenses issued by the commission are in effect, is determined by a court having jurisdiction to be a gambling premise, all such licenses may be voided and no longer in effect, and no license so voided shall be issued or reissued for such property or premises for a period of up to sixty days thereafter. Enforcement of this subsection shall be the duty of all peace officers and all taxing and licensing officials of this state and its political subdivisions and other public agencies. This subsection shall not apply to property or premises in which activities authorized by this chapter, or any act or acts in furtherance thereof, are carried on when conducted in compliance with the provisions of this chapter and in accordance with the rules and regulations adopted pursuant thereto.
[ 2011 c 336 s 305; 1987 c 4 s 45; 1973 1st ex.s. c 218 s 25.]

catchline: Gambling property or premises—Common nuisances, abatement—Termination of interests, licenses—Enforcement.


title: RCW 9.46.260

text:
Proof of possession of any device used for professional gambling or any record relating to professional gambling specified in RCW 9.46.215 is prima facie evidence of possession thereof with knowledge of its character or contents.
[ 1994 c 218 s 16; 1973 1st ex.s. c 218 s 26.]
Notes:
Effective date—1994 c 218: See note following RCW 9.46.010.

catchline: Proof of possession as evidence of knowledge of its character.


title: RCW 9.46.270

text:
This chapter shall constitute the exclusive legislative authority for the taxing by any city, town, city-county or county of any gambling activity and its application shall be strictly construed to those activities herein permitted and to those persons, associations or organizations herein permitted to engage therein.
[ 1973 1st ex.s. c 218 s 27.]

catchline: Taxing authority, exclusive.


title: RCW 9.46.285

text:
This chapter constitutes the exclusive legislative authority for the licensing and regulation of any gambling activity and the state preempts such licensing and regulatory functions, except as to the powers and duties of any city, town, city-county, or county which are specifically set forth in this chapter. Any ordinance, resolution, or other legislative act by any city, town, city-county, or county relating to gambling in existence on September 27, 1973 shall be as of that date null and void and of no effect. Any such city, town, city-county, or county may thereafter enact only such local law as is consistent with the powers and duties expressly granted to and imposed upon it by chapter 9.46 RCW and which is not in conflict with that chapter or with the rules of the commission.
[ 1973 2nd ex.s. c 41 s 8.]

catchline: Licensing and regulation authority, exclusive.


title: RCW 9.46.291

text:
The provisions of this chapter shall not apply to the conducting, operating, participating, or selling or purchasing of tickets or shares in the "lottery" or "state lottery" as defined in RCW 67.70.010 when such conducting, operating, participating, or selling or purchasing is in conformity to the provisions of chapter 67.70 RCW and to the rules adopted thereunder.
[ 1982 2nd ex.s. c 7 s 39.]
Notes:
Construction—1982 2nd ex.s. c 7: See RCW 67.70.902.

catchline: State lottery exemption.


title: RCW 9.46.293

text:
Any fishing derby, defined under RCW 9.46.0229, shall not be subject to any other provisions of this chapter or to any rules or regulations of the commission.
[ 1989 c 8 s 1; 1975 1st ex.s. c 166 s 13.]
Notes:
Severability—1975 1st ex.s. c 166: See note following RCW 9.46.090.

catchline: Fishing derbies exempted.


title: RCW 9.46.295

text:
(1) Any license to engage in any of the gambling activities authorized by this chapter as now exists or as hereafter amended, and issued under the authority thereof shall be legal authority to engage in the gambling activities for which issued throughout the incorporated and unincorporated area of any county, except that a city located therein with respect to that city, or a county with respect to all areas within that county except for such cities, may absolutely prohibit, but may not change the scope of license, any or all of the gambling activities for which the license was issued.
(2)(a) A city or town with a prohibition on house-banked social card game licenses that annexes an area that is within a city, town, or county that permits house-banked social card games may allow a house-banked social card game business that was licensed by the commission as of July 26, 2009, to continue operating if the city or town is authorized to impose a tax under RCW 82.14.415 and can demonstrate that the continuation of the house-banked social card game business will reduce the credit against the state sales and use tax as provided in RCW 82.14.415(7).
(b) A city or town that allowed a house-banked social card game business in an annexed area to continue operating under (a) of this subsection before July 15, 2010, shall allow all social card game businesses in the annexed area that were operating and licensed by the commission as of January 1, 2011, to continue operating.
(c) A city or town that allows a social card game business in an annexed area to continue operating is not required to allow additional social card game businesses.
[ 2011 c 134 s 1; 2009 c 550 s 2; 1974 ex.s. c 155 s 6; 1974 ex.s. c 135 s 6.]
Notes:
Severability—1974 ex.s. c 155: See note following RCW 9.46.010.

catchline: Licenses, scope of authority—Exception.


title: RCW 9.46.300

text:
All applications for licenses made to the commission, with the exception of any portions of the applications describing the arrest or conviction record of any person, and all reports required by the commission to be filed by its licensees on a periodic basis concerning the operation of the licensed activity or concerning any organization, association, or business in connection with which a licensed activity is operated, in the commission files, shall be open to public inspection at the commission's offices upon a prior written request of the commission. The staff of the commission may decline to allow an inspection until such time as the inspection will not unduly interfere with the other duties of the staff. The commission may charge the person making a request for an inspection an amount necessary to offset the costs to the commission of providing the inspection and copies of any requested documents.
[ 1977 ex.s. c 326 s 17.]

catchline: Licenses and reports—Public inspection—Exceptions and requirements—Charges.


title: RCW 9.46.310

text:
No person shall manufacture, and no person shall sell, distribute, furnish or supply to any other person, any gambling device, including but not limited to punchboards and pull-tabs, in this state, or for use within this state, without first obtaining a license to do so from the commission under the provisions of this chapter.
Such licenses shall not be issued by the commission except respecting devices which are designed and permitted for use in connection with activities authorized under this chapter: PROVIDED, That this requirement for licensure shall apply only insofar as the commission has adopted, or may adopt, rules implementing it as to particular categories of gambling devices and related equipment.
[ 1981 c 139 s 13.]
Notes:
Severability—1981 c 139: See note following RCW 9.46.070.

catchline: Licenses for manufacture, sale, distribution, or supply of gambling devices.


title: RCW 9.46.350

text:
At any time within five years after any amount of fees, interest, penalties, or tax which is imposed pursuant to this chapter, or rules adopted pursuant thereto, shall become due and payable, the attorney general, on behalf of the commission, may bring a civil action in the courts of this state, or any other state, or of the United States, to collect the amount delinquent, together with penalties and interest: PROVIDED, That where the tax is one imposed by a county, city or town under RCW 9.46.110, any such action shall be brought by that county, city or town on its own behalf. An action may be brought whether or not the person owing the amount is at such time a licensee pursuant to the provisions of this chapter.
If such an action is brought in the courts of this state, a writ of attachment may be issued and no bond or affidavit prior to the issuance thereof shall be required. In all actions in this state, the records of the commission, or the appropriate county, city or town, shall be prima facie evidence of the determination of the tax due or the amount of the delinquency.
[ 1981 c 139 s 16.]
Notes:
Severability—1981 c 139: See note following RCW 9.46.070.

catchline: Civil action to collect fees, interest, penalties, or tax—Writ of attachment—Records as evidence.


title: RCW 9.46.360

text:
(1) The negotiation process for compacts with federally recognized Indian tribes for conducting class III gaming, as defined in the Indian Gaming Regulatory Act, 25 U.S.C. Sec. 2701 et seq., on federal Indian lands is governed by this section.
(2) The gambling commission through the director or the director's designee shall negotiate compacts for class III gaming on behalf of the state with federally recognized Indian tribes in the state of Washington.
(3) When a tentative agreement with an Indian tribe on a proposed compact is reached, the director shall immediately transmit a copy of the proposed compact to all voting and ex officio members of the gambling commission and to the standing committees designated pursuant to subsection (5) of this section.
(4) Notwithstanding RCW 9.46.040, the four ex officio members of the gambling commission shall be deemed voting members of the gambling commission for the sole purpose of voting on proposed compacts submitted under this section.
(5) Within thirty days after receiving a proposed compact from the director, one standing committee from each house of the legislature shall hold a public hearing on the proposed compact and forward its respective comments to the gambling commission. The president of the senate shall designate the senate standing committee that is to carry out the duties of this section, and the speaker of the house of representatives shall designate the house standing committee that is to carry out the duties of this section. The designated committees shall continue to perform under this section until the president of the senate or the speaker of the house of representatives, as the case may be, designates a different standing committee.
(6) The gambling commission may hold public hearings on the proposed compact any time after receiving a copy of the compact from the director. Within forty-five days after receiving the proposed compact from the director, the gambling commission, including the four ex officio members, shall vote on whether to return the proposed compact to the director with instructions for further negotiation or to forward the proposed compact to the governor for review and final execution.
(7) Notwithstanding provisions in this section to the contrary, if the director forwards a proposed compact to the gambling commission and the designated standing committees within ten days before the beginning of a regular session of the legislature, or during a regular or special session of the legislature, the thirty-day time limit set forth in subsection (5) of this section and the forty-five day limit set forth in subsection (6) of this section are each forty-five days and sixty days, respectively.
(8) Funding for the negotiation process under this section must come from the gambling revolving fund.
(9) In addition to the powers granted under this chapter, the commission, consistent with the terms of any compact, is authorized and empowered to enforce the provisions of any compact between a federally recognized Indian tribe and the state of Washington.
[ 1992 c 172 s 2.]
Notes:
Severability—1992 c 172: See note following RCW 43.06.010.

catchline: Indian tribes—Compact negotiation process.


title: RCW 9.46.36001

text:
The state consents to the jurisdiction of the federal courts in actions brought by a tribe pursuant to the Indian gaming regulatory act of 1988 or seeking enforcement of a state/tribal compact adopted under the Indian gaming regulatory act, conditioned upon the tribe entering into such a compact and providing similar consent. This limited waiver of sovereign immunity shall not extend to actions other than those expressly set forth herein.
[ 2007 c 321 s 1; 2001 c 236 s 1.]

catchline: Tribal actions—Federal jurisdiction.


title: RCW 9.46.400

text:
Any raffle authorized by the fish and wildlife commission involving hunting big game animals or wild turkeys shall not be subject to any provisions of this chapter other than RCW 9.46.010 and this section or to any rules or regulations of the gambling commission.
[ 1996 c 101 s 3.]
Notes:
Findings—1996 c 101: See note following RCW 77.32.530.

catchline: Wildlife raffle.


title: RCW 9.46.410

text:
(1) Any licensee authorized under this chapter is prohibited from allowing the use of public assistance electronic benefit cards for the purpose of participating in any of the activities authorized under this chapter.
(2) Any licensee authorized under this chapter shall report to the department of social and health services any known violations of RCW 74.08.580.
(3) Any licensee authorized under this chapter is required to comply with RCW 74.08.580(2). If the licensee fails to comply with RCW 74.08.580(2), its license shall be immediately suspended until it complies with RCW 74.08.580(2). If the licensee remains otherwise eligible to be licensed, the commission may reinstate the license once the licensee has complied with RCW 74.08.580(2).
[ 2011 1st sp.s. c 42 s 19; 2002 c 252 s 2.]
Notes:
Findings—Intent—Effective date—2011 1st sp.s. c 42: See notes following RCW 74.08A.260.
Finding—2011 1st sp.s. c 42: See note following RCW 74.04.004.

catchline: Use of public assistance electronic benefit cards prohibited—Licensee to report violations—Suspension of license.


title: RCW 9.46.420

text:
The commission shall consider the provisions of RCW 9.46.410 as elements to be negotiated with federally recognized Indian tribes as provided in RCW 9.46.360.
[ 2002 c 252 s 3.]

catchline: RCW 9.46.410 to be negotiated with Indian tribes.


title: RCW 9.46.901

text:
The separation of definitions and authorized activities provisions of the state's gambling statutes into shorter sections is intended to improve the readability and facilitate the future amendment of these sections. This separation shall not change the meaning of any of the provisions involved.
[ 1987 c 4 s 1.]

catchline: Intent—1987 c 4.


title: RCW 9.46.902

text:
This act shall not be construed as affecting any existing right acquired or liability or obligation incurred under the sections amended or repealed in this act or under any rule, regulation, or order adopted under those sections, nor as affecting any proceeding instituted under those sections.
[ 1987 c 4 s 48.]

catchline: Construction—1987 c 4.


title: RCW 9.46.903

text:
The legislature intends with chapter 218, Laws of 1994 to clarify the state's public policy on gambling regarding the frequency of state lottery drawings, the means of addressing problem and compulsive gambling, and the enforcement of the state's gambling laws. Chapter 218, Laws of 1994 is intended to clarify the specific types of games prohibited in chapter 9.46 RCW and is not intended to add to existing law regarding prohibited activities. The legislature recognizes that slot machines, video pull-tabs, video poker, and other electronic games of chance have been considered to be gambling devices before April 1, 1994.
[ 1994 c 218 s 1.]
Notes:
Effective date—1994 c 218: See note following RCW 9.46.010.

catchline: Intent—1994 c 218.


title: RCW 9.47.080

text:
A bucket shop is hereby defined to be a shed, tent, tenement, booth, building, float or vessel, or any part thereof, wherein may be made contracts respecting the purchase or sale upon margin or credit of any commodities, securities, or property, or option for the purchase thereof, wherein both parties intend that such contract shall or may be terminated, closed and settled; either,
(1) Upon the basis of the market prices quoted or made on any board of trade or exchange upon which such commodities, securities, or property may be dealt in; or,
(2) When the market prices for such commodities, securities or property shall reach a certain figure in any such board of trade or exchange; or,
(3) On the basis of the difference in the market prices at which said commodities, securities or property are, or purport to be, bought and sold.
[ 1909 c 249 s 223; RRS s 2475.]
Notes:
Securities and investments: Title 21 RCW.

catchline: Bucket shop defined.


title: RCW 9.47.090

text:
Every person, whether in his or her own behalf, or as agent, servant or employee of another person, within or outside of this state, who shall open, conduct or carry on any bucket shop, or make or offer to make any contract described in RCW 9.47.080, or with intent to make such a contract, or assist therein, shall receive, exhibit, or display any statement of market prices of any commodities, securities, or property, is guilty of a class C felony and shall be punished by imprisonment in a state correctional facility for not more than five years.
[ 2003 c 53 s 36; 1992 c 7 s 13; 1909 c 249 s 224; RRS s 2476.]
Notes:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.

catchline: Maintaining bucket shop—Penalty.


title: RCW 9.47.100

text:
Every person, whether in his or her own behalf, or as the servant, agent, or employee of another person, within or outside of this state, who shall buy or sell for another, or execute any order for the purchase or sale of any commodities, securities, or property, upon margin or credit, whether for immediate or future delivery, shall, upon written demand therefor, furnish such principal or customer with a written statement containing the names of the persons from whom such property was bought, or to whom it has been sold, as the case may be, the time when, the place where, the amount of, and the price at which the same was either bought or sold; and if such person shall refuse or neglect to furnish such statement within forty-eight hours after such written demand, such refusal shall be prima facie evidence as against him or her that such purchase or sale was made in violation of RCW 9.47.090.
[ 2011 c 336 s 306; 1909 c 249 s 225; RRS s 2477.]

catchline: Written statement to be furnished—Presumption.


title: RCW 9.47.120

text:
Every person who shall entice, or induce another, upon any pretense, to go to any place where any gambling game, scheme or device, or any trick, sleight of hand performance, fraud or fraudulent scheme, cards, dice or device, is being conducted or operated; or while in such place shall entice or induce another to bet, wager or hazard any money or property, or representative of either, upon any such game, scheme, device, trick, sleight of hand performance, fraud or fraudulent scheme, cards, dice, or device, or to execute any obligation for the payment of money, or delivery of property, or to lose, advance, or loan any money or property, or representative of either, is guilty of a class B felony and shall be punished by imprisonment in a state correctional facility for not more than ten years.
[ 2003 c 53 s 37; 1992 c 7 s 14; 1909 c 249 s 227; RRS s 2479.]
Notes:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
Swindling: Chapter 9A.60 RCW.

catchline: Bunco steering.


title: RCW 9.47A.010

text:
As used in this chapter, the phrase "substance containing a solvent having the property of releasing toxic vapors or fumes" shall mean and include any substance containing one or more of the following chemical compounds:
(1) Acetone;
(2) Amylacetate;
(3) Benzol or benzene;
(4) Butyl acetate;
(5) Butyl alcohol;
(6) Carbon tetrachloride;
(7) Chloroform;
(8) Cyclohexanone;
(9) Ethanol or ethyl alcohol;
(10) Ethyl acetate;
(11) Hexane;
(12) Isopropanol or isopropyl alcohol;
(13) Isopropyl acetate;
(14) Methyl "cellosolve" acetate;
(15) Methyl ethyl ketone;
(16) Methyl isobutyl ketone;
(17) Toluol or toluene;
(18) Trichloroethylene;
(19) Tricresyl phosphate;
(20) Xylol or xylene; or
(21) Any other solvent, material substance, chemical, or combination thereof, having the property of releasing toxic vapors.
[ 1984 c 68 s 1; 1969 ex.s. c 149 s 1.]

catchline: Definition.


title: RCW 9.47A.020

text:
It is unlawful for any person to intentionally smell or inhale the fumes of any type of substance as defined in RCW 9.47A.010 or to induce any other person to do so, for the purpose of causing a condition of, or inducing symptoms of intoxication, elation, euphoria, dizziness, excitement, irrational behavior, exhilaration, paralysis, stupefaction, or dulling of the senses of the nervous system, or for the purpose of, in any manner, changing, distorting, or disturbing the audio, visual, or mental processes. This section does not apply to the inhalation of any anesthesia for medical or dental purposes.
[ 1984 c 68 s 2; 1969 ex.s. c 149 s 2.]

catchline: Unlawful inhalation—Exception.


title: RCW 9.47A.030

text:
No person may, for the purpose of violating RCW 9.47A.020, use, or possess for the purpose of so using, any substance containing a solvent having the property of releasing toxic vapors or fumes.
[ 1984 c 68 s 3; 1969 ex.s. c 149 s 3.]

catchline: Possession of certain substances prohibited, when.


title: RCW 9.47A.040

text:
No person may sell, offer to sell, deliver, or give to any other person any container of a substance containing a solvent having the property of releasing toxic vapors or fumes, if he or she has knowledge that the product sold, offered for sale, delivered, or given will be used for the purpose set forth in RCW 9.47A.020.
[ 2011 c 336 s 307; 1984 c 68 s 4; 1969 ex.s. c 149 s 4.]

catchline: Sale of certain substances prohibited, when.


title: RCW 9.47A.050

text:
Any person who violates this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than one hundred dollars or by imprisonment for not more than thirty days, or by both.
[ 1969 ex.s. c 149 s 5.]

catchline: Penalty.


title: RCW 9.51.010

text:
Every person charged by law with the preparation of any jury list or list of names from which any jury is to be drawn, and every person authorized by law to assist at the drawing of a grand or petit jury to attend a court or term of court or to try any cause or issue, who shall—
(1) Place in any such list any name at the request or solicitation, direct or indirect, of any person; or
(2) Designedly put upon the list of jurors, as having been drawn, any name which was not lawfully drawn for that purpose; or
(3) Designedly omit to place upon such list any name which was lawfully drawn; or
(4) Designedly sign or certify a list of such jurors as having been drawn which were not lawfully drawn; or
(5) Designedly and wrongfully withdraw from the box or other receptacle for the ballots containing the names of such jurors any paper or ballot lawfully placed or belonging there and containing the name of a juror, or omit to place therein any name lawfully drawn or designated, or place therein a paper or ballot containing the name of a person not lawfully drawn and designated as a juror; or
(6) In drawing or impanelling such jury, do any act which is unfair, partial or improper in any respect;
Shall be guilty of a gross misdemeanor.
[ 1909 c 249 s 75; Code 1881 s 922; 1854 p 94 s 107; RRS s 2327.]

catchline: Misconduct of officer drawing jury.


title: RCW 9.51.020

text:
Every person who shall, directly or indirectly, solicit or request any person charged with the duty of preparing any jury list to put his or her name, or the name of any other person, on any such list, shall be guilty of a gross misdemeanor.
[ 2011 c 336 s 308; 1909 c 249 s 76; 1888 p 114 s 1; RRS s 2328.]

catchline: Soliciting jury duty.


title: RCW 9.51.030

text:
Every person to whose charge a jury shall be committed by a court or magistrate, who shall knowingly, without leave of such court or magistrate, permit them or any one of them to receive any communication from any person, to make any communication to any person, to obtain or receive any book, paper or refreshment, or to leave the jury room, shall be guilty of a gross misdemeanor.
[ 1909 c 249 s 77; RRS s 2329.]

catchline: Misconduct of officer in charge of jury.


title: RCW 9.51.040

text:
Every grand juror who, with knowledge that a challenge interposed against him or her by a defendant has been allowed, shall be present at, or take part, or attempt to take part, in the consideration of the charge against the defendant who interposed such challenge, or the deliberations of the grand jury thereon, shall be guilty of a misdemeanor.
[ 2011 c 336 s 309; 1909 c 249 s 121; RRS s 2373.]

catchline: Grand juror acting after challenge allowed.


title: RCW 9.51.050

text:
Every judge, grand juror, prosecuting attorney, clerk, stenographer, or other officer who, except in the due discharge of his or her official duty, shall disclose the fact that a presentment has been made or indictment found or ordered against any person, before such person shall be in custody; and every grand juror, clerk, or stenographer who, except when lawfully required by a court or officer, shall disclose any evidence adduced before the grand jury, or any proceeding, discussion, or vote of the grand jury or any member thereof, shall be guilty of a misdemeanor.
[ 2011 c 336 s 310; 1909 c 249 s 126; Code 1881 s 991; 1854 p 111 s 56; RRS s 2378.]

catchline: Disclosing transaction of grand jury.


title: RCW 9.51.060

text:
Every clerk of any court or other officer who shall willfully permit any deposition, or the transcript of any testimony, returned by a grand jury and filed with such clerk or officer, to be inspected by any person except the court, the deputies or assistants of such clerk, and the prosecuting attorney and his or her deputies, until after the arrest of the defendant, shall be guilty of a misdemeanor.
[ 2011 c 336 s 311; 1909 c 249 s 127; RRS s 2379.]

catchline: Disclosure of deposition returned by grand jury.


title: RCW 9.54.130

text:
The officer arresting any person charged as principal or accessory in any robbery or larceny shall use reasonable diligence to secure the property alleged to have been stolen, and after seizure shall be answerable therefor while it remains in his or her hands, and shall annex a schedule thereof to his or her return of the warrant.
Whenever the prosecuting attorney shall require such property for use as evidence upon the examination or trial, such officer, upon his or her demand, shall deliver it to him or her and take his or her receipt therefor, after which such prosecuting attorney shall be answerable for the same.
[ 2011 c 336 s 312; 1909 c 249 s 357; RRS s 2609.]

catchline: Restoration of stolen property—Duty of officers.


title: RCW 9.55.020

text:
Every person duly summoned to attend as a witness before either house of the legislature of this state, or any committee thereof authorized to summon witnesses, who shall refuse or neglect, without lawful excuse, to attend pursuant to such summons, or who shall willfully refuse to be sworn or to affirm or to answer any material or proper question or to produce, upon reasonable notice, any material or proper books, papers or documents in his or her possession or under his or her control, shall be guilty of a gross misdemeanor.
[ 2011 c 336 s 313; 1909 c 249 s 86; RRS s 2338.]
Notes:
Candidate buying liquor for another person on election day: RCW 66.44.265.
Legislative inquiry: Chapter 44.16 RCW.

catchline: Witness refusing to attend legislature or committee or to testify.


title: RCW 9.61.160

text:
(1) It shall be unlawful for any person to threaten to bomb or otherwise injure any public or private school building, any place of worship or public assembly, any governmental property, or any other building, common carrier, or structure, or any place used for human occupancy; or to communicate or repeat any information concerning such a threatened bombing or injury, knowing such information to be false and with intent to alarm the person or persons to whom the information is communicated or repeated.
(2) It shall not be a defense to any prosecution under this section that the threatened bombing or injury was a hoax.
(3) A violation of this section is a class B felony punishable according to chapter 9A.20 RCW.
[ 2003 c 53 s 38; 1977 ex.s. c 231 s 1; 1959 c 141 s 1.]
Notes:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
Explosives, endangering life or property: RCW 70.74.270, 70.74.280, 70.74.310.

catchline: Threats to bomb or injure property—Penalty.


title: RCW 9.61.190

text:
It is a class 1 civil infraction for any person, other than the owner thereof or his or her authorized agent, to knowingly shoot, kill, maim, injure, molest, entrap, or detain any Antwerp Messenger or Racing Pigeon, commonly called "carrier or racing pigeons", having the name of its owner stamped upon its wing or tail or bearing upon its leg a band or ring with the name or initials of the owner or an identification or registration number stamped thereon.
[ 2011 c 336 s 314; 1987 c 456 s 25; 1963 c 69 s 1.]
Notes:
Legislative finding—1987 c 456: See RCW 7.80.005.
Effective date—1987 c 456 ss 9-31: See RCW 7.80.901.

catchline: Carrier or racing pigeons—Injury to.


title: RCW 9.61.200

text:
It is a class 2 civil infraction for any person other than the owner thereof or his or her authorized agent to remove or alter any stamp, leg band, ring, or other mark of identification attached to any Antwerp Messenger or Racing Pigeon.
[ 2011 c 336 s 315; 1987 c 456 s 26; 1963 c 69 s 2.]
Notes:
Legislative finding—1987 c 456: See RCW 7.80.005.
Effective date—1987 c 456 ss 9-31: See RCW 7.80.901.

catchline: Carrier or racing pigeons—Removal or alteration of identification.


title: RCW 9.61.230

text:
(1) Every person who, with intent to harass, intimidate, torment or embarrass any other person, shall make a telephone call to such other person:
(a) Using any lewd, lascivious, profane, indecent, or obscene words or language, or suggesting the commission of any lewd or lascivious act; or
(b) Anonymously or repeatedly or at an extremely inconvenient hour, whether or not conversation ensues; or
(c) Threatening to inflict injury on the person or property of the person called or any member of his or her family or household;
is guilty of a gross misdemeanor, except as provided in subsection (2) of this section.
(2) The person is guilty of a class C felony punishable according to chapter 9A.20 RCW if either of the following applies:
(a) That person has previously been convicted of any crime of harassment, as defined in RCW 9A.46.060, with the same victim or member of the victim's family or household or any person specifically named in a no-contact or no-harassment order in this or any other state; or
(b) That person harasses another person under subsection (1)(c) of this section by threatening to kill the person threatened or any other person.
[ 2003 c 53 s 39; 1992 c 186 s 6; 1985 c 288 s 11; 1967 c 16 s 1.]
Notes:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
Severability—1992 c 186: See note following RCW 9A.46.110.
Effective date—1985 c 288: See RCW 9A.46.905.
Severability—1967 c 16: "If any portion of this act is held to be unconstitutional or void, such decision shall not affect the validity of the remaining parts of this act." [ 1967 c 16 s 4.]
Communicating with child for immoral purposes: RCW 9.68A.090.
Interference with telephone message: RCW 9A.48.070, 9A.48.080.

catchline: Telephone harassment.


title: RCW 9.61.240

text:
Any person who knowingly permits any telephone under his or her control to be used for any purpose prohibited by RCW 9.61.230 shall be guilty of a misdemeanor.
[ 2011 c 336 s 316; 1967 c 16 s 2.]

catchline: Telephone harassment—Permitting telephone to be used.


title: RCW 9.61.250

text:
Any offense committed by use of a telephone as set forth in RCW 9.61.230 may be deemed to have been committed either at the place from which the telephone call or calls were made or at the place where the telephone call or calls were received.
[ 1967 c 16 s 3.]

catchline: Telephone harassment—Offense, where deemed committed.


title: RCW 9.62.010

text:
Every person who shall, maliciously and without probable cause therefor, cause or attempt to cause another to be arrested or proceeded against for any crime of which he or she is innocent:
(1) If such crime be a felony, is guilty of a class C felony and shall be punished by imprisonment in a state correctional facility for not more than five years; and
(2) If such crime be a gross misdemeanor or misdemeanor, shall be guilty of a misdemeanor.
[ 2003 c 53 s 40; 1992 c 7 s 15; 1909 c 249 s 117; Code 1881 s 899; 1873 p 203 s 98; 1854 p 92 s 89; RRS s 2369.]
Notes:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.

catchline: Malicious prosecution.


title: RCW 9.62.020

text:
Every person who shall institute or prosecute any action or other proceeding in the name of another, without his or her consent and contrary to law, shall be guilty of a gross misdemeanor.
[ 2011 c 336 s 317; 1909 c 249 s 124; RRS s 2376.]

catchline: Instituting suit in name of another.


title: RCW 9.66.010

text:
A public nuisance is a crime against the order and economy of the state. Every place
(1) Wherein any fighting between people or animals or birds shall be conducted; or,
(2) Wherein any intoxicating liquors are kept for unlawful use, sale or distribution; or,
(3) Where vagrants resort; and
Every act unlawfully done and every omission to perform a duty, which act or omission
(1) Shall annoy, injure or endanger the safety, health, comfort, or repose of any considerable number of persons; or,
(2) Shall offend public decency; or,
(3) Shall unlawfully interfere with, befoul, obstruct, or tend to obstruct, or render dangerous for passage, a lake, navigable river, bay, stream, canal or basin, or a public park, square, street, alley, highway, or municipal transit vehicle or station; or,
(4) Shall in any way render a considerable number of persons insecure in life or the use of property;
Shall be a public nuisance.
[ 1994 c 45 s 3; 1971 ex.s. c 280 s 22; 1909 c 249 s 248; 1895 c 14 s 1; Code 1881 s 1246; RRS s 2500.]
Notes:
Findings—Declaration—Severability—1994 c 45: See notes following RCW 7.48.140.
Severability—Construction—1971 ex.s. c 280: "If any provision of this 1971 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected: PROVIDED, That should provisions of this 1971 amendatory act pertaining to the playing of bingo, or holding raffles, permitting the operation of amusement games be held invalid or unconstitutional by the supreme court of the state of Washington as being violative of Article II, section 24, of the Constitution of the state of Washington, then the provisions hereof relating to each such item as aforesaid specifically declared invalid or unconstitutional by such court shall remain inoperative unless and until the qualified electors of this state shall approve an amendment to Article II, section 24, of the Constitution which may remove any constitutional restrictions against the legislature enacting such laws." [ 1971 ex.s. c 280 s 21.]
Boxing and wrestling regulated: Chapter 67.08 RCW.
Devices simulating traffic control signs declared public nuisance: RCW 47.36.180.
Highway obstructions: Chapter 47.32 RCW.
Navigation, obstructing: Chapter 88.28 RCW.
Parimutuel betting on horse races permitted: RCW 67.16.060.

catchline: Public nuisance.


title: RCW 9.66.020

text:
An act which affects a considerable number of persons in any of the ways specified in RCW 9.66.010 is not less a public nuisance because the extent of the damage is unequal.
[ 1909 c 249 s 249; Code 1881 s 1236; 1875 p 79 s 2; RRS s 2501.]

catchline: Unequal damage.


title: RCW 9.66.030

text:
Every person who shall commit or maintain a public nuisance, for which no special punishment is prescribed; or who shall wilfully omit or refuse to perform any legal duty relating to the removal of such nuisance; and every person who shall let, or permit to be used, any building or boat, or portion thereof, knowing that it is intended to be, or is being used, for committing or maintaining any such nuisance, shall be guilty of a misdemeanor.
[ 1909 c 249 s 250; Code 1881 s 1248; 1875 p 81 s 14; RRS s 2502.]

catchline: Maintaining or permitting nuisance.


title: RCW 9.66.040

text:
Any court or magistrate before whom there may be pending any proceeding for a violation of RCW 9.66.030, shall, in addition to any fine or other punishment which it may impose for such violation, order such nuisance abated, and all property unlawfully used in the maintenance thereof destroyed by the sheriff at the cost of the defendant: PROVIDED, That if the conviction was had in a district court, the district judge shall not issue the order and warrant of abatement, but on application therefor, shall transfer the cause to the superior court which shall proceed to try the issue of abatement in the same manner as if the action had been originally commenced therein.
[ 1987 c 202 s 140; 1957 c 45 s 4; 1909 c 249 s 251; Code 1881 ss 1244, 1245; 1875 p 80 ss 10, 11; RRS s 2503.]
Notes:
Intent—1987 c 202: See note following RCW 2.04.190.
Jurisdiction to abate a nuisance: State Constitution Art. 4 s 6 (Amendment 28).

catchline: Abatement of nuisance.


title: RCW 9.66.050

text:
Every person who shall deposit, leave or keep, on or near a highway or route of public travel, on land or water, any unwholesome substance; or who shall establish, maintain or carry on, upon or near a highway or route of public travel, on land or water, any business, trade or manufacture which is noisome or detrimental to the public health; or who shall deposit or cast into any lake, creek or river, wholly or partly in this state, the offal from or the dead body of any animal, shall be guilty of a gross misdemeanor.
[ 1909 c 249 s 285; RRS s 2537.]
Notes:
Discharging ballast: RCW 88.28.060.
Disposal of dead animals: Chapter 16.68 RCW.
Water pollution: Chapter 35.88 RCW, RCW 70.54.010 through 70.54.030, chapter 90.48 RCW.

catchline: Deposit of unwholesome substance.


title: RCW 9.68.015

text:
Nothing in chapter 260, Laws of 1959 shall apply to the circulation of any such material by any recognized historical society or museum, the state law library, any county law library, the state library, the public library, any library of any college or university, or to any archive or library under the supervision and control of the state, county, municipality, or other political subdivision.
[ 1959 c 260 s 2.]

catchline: Obscene literature, shows, etc.—Exemptions.


title: RCW 9.68.030

text:
Every person who shall expose for sale, loan or distribution, any instrument or article, or any drug or medicine, for causing unlawful abortion; or shall write, print, distribute or exhibit any card, circular, pamphlet, advertisement or notice of any kind, stating when, where, how or of whom such article or medicine can be obtained, shall be guilty of a misdemeanor.
[ 1971 ex.s. c 185 s 2; 1909 c 249 s 208; RRS s 2460.]

catchline: Indecent articles, etc.


title: RCW 9.68.050

text:
For the purposes of RCW 9.68.050 through 9.68.120:
(1) "Minor" means any person under the age of eighteen years;
(2) "Erotic material" means printed material, photographs, pictures, motion pictures, sound recordings, and other material the dominant theme of which taken as a whole appeals to the prurient interest of minors in sex; which is patently offensive because it affronts contemporary community standards relating to the description or representation of sexual matters or sado-masochistic abuse; and is utterly without redeeming social value;
(3) "Person" means any individual, corporation, or other organization;
(4) "Dealers", "distributors", and "exhibitors" mean persons engaged in the distribution, sale, or exhibition of printed material, photographs, pictures, motion pictures, or sound recordings.
[ 1992 c 5 s 1; 1969 ex.s. c 256 s 13.]
Notes:
Reviser's note: As to the constitutionality of this section, see Soundgarden v. Eikenberry, 123 Wn.2d 750, 871 P.2d 1050 (1994).
Severability—1969 ex.s. c 256: "If any provision of this 1969 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provisions to other persons or circumstances, is not affected." [ 1969 ex.s. c 256 s 21.]

catchline: "Erotic material"—Definitions.


title: RCW 9.68.080

text:
(1) It shall be unlawful for any minor to misrepresent his or her true age or his or her true status as the child, stepchild, or ward of a person accompanying him or her, for the purpose of purchasing or obtaining access to any material described in RCW 9.68.050.
(2) It shall be unlawful for any person accompanying such minor to misrepresent his or her true status as parent, spouse of a parent, or guardian of any minor for the purpose of enabling such minor to purchase or obtain access to material described in RCW 9.68.050.
[ 2011 c 336 s 319; 1969 ex.s. c 256 s 16.]
Notes:
Severability—1969 ex.s. c 256: See note following RCW 9.68.050.

catchline: Unlawful acts.


title: RCW 9.68.100

text:
Nothing in RCW 9.68.050 through 9.68.120 shall apply to the circulation of any such material by any recognized historical society or museum, the state law library, any county law library, the state library, the public library, any library of any college or university, or to any archive or library under the supervision and control of the state, county, municipality, or other political subdivision.
[ 1969 ex.s. c 256 s 18.]
Notes:
Severability—1969 ex.s. c 256: See note following RCW 9.68.050.

catchline: Exceptions to RCW 9.68.050 through 9.68.120.


title: RCW 9.68.110

text:
The provisions of RCW 9.68.050 through 9.68.120 shall not apply to acts done in the scope of his or her employment by a motion picture operator or projectionist employed by the owner or manager of a theater or other place for the showing of motion pictures, unless the motion picture operator or projectionist has a financial interest in such theater or place wherein he or she is so employed or unless he or she caused to be performed or exhibited such performance or motion picture without the knowledge and consent of the manager or owner of the theater or other place of showing.
[ 2011 c 336 s 321; 1969 ex.s. c 256 s 19.]
Notes:
Severability—1969 ex.s. c 256: See note following RCW 9.68.050.

catchline: Motion picture operator or projectionist exempt, when.


title: RCW 9.68.120

text:
The provisions of RCW 9.68.050 through 9.68.120 shall be exclusive.
[ 1969 ex.s. c 256 s 20.]
Notes:
Severability—1969 ex.s. c 256: See note following RCW 9.68.050.

catchline: Provisions of RCW 9.68.050 through 9.68.120 exclusive.


title: RCW 9.68.130

text:
(1) A person is guilty of unlawful display of sexually explicit material if he or she knowingly exhibits such material on a viewing screen so that the sexually explicit material is easily visible from a public thoroughfare, park or playground or from one or more family dwelling units.
(2) "Sexually explicit material" as that term is used in this section means any pictorial material displaying direct physical stimulation of unclothed genitals, masturbation, sodomy (i.e. bestiality or oral or anal intercourse), flagellation or torture in the context of a sexual relationship, or emphasizing the depiction of adult human genitals: PROVIDED HOWEVER, That works of art or of anthropological significance shall not be deemed to be within the foregoing definition.
(3) Any person who violates subsection (1) of this section shall be guilty of a misdemeanor.
[ 2011 c 336 s 322; 1975 1st ex.s. c 156 s 1.]

catchline: "Sexually explicit material"—Defined—Unlawful display.


title: RCW 9.68.140

text:
A person who, for profit-making purposes and with knowledge, sells, exhibits, displays, or produces any lewd matter as defined in RCW 7.48A.010 is guilty of promoting pornography. Promoting pornography is a class C felony and shall bear the punishment and fines prescribed for that class of felony. In imposing the criminal penalty, the court shall consider the wilfulness of the defendant's conduct and the profits made by the defendant attributable to the felony. All fines assessed under this chapter shall be paid into the general treasury of the state.
[ 1985 c 235 s 3; 1982 c 184 s 8.]
Notes:
Severability—1985 c 235: See note following RCW 7.48A.040.
Class C felony—Authorized sentence: RCW 9A.20.020.

catchline: Promoting pornography—Class C felony—Penalties.


title: RCW 9.68.900

text:
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 marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered domestic partnerships that have been terminated, dissolved, or invalidated, to the extent that such interpretation does not conflict with federal law. Where necessary to implement chapter 521, Laws of 2009, gender-specific terms such as husband and wife used in any statute, rule, or other law shall be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships.
[ 2009 c 521 s 19.]

catchline: Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.


title: RCW 9.68A.001

text:
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 the exploitation of children.
The legislature further finds that the protection of children from sexual exploitation can be accomplished without infringing on a constitutionally protected activity. The definition of "sexually explicit conduct" and other operative definitions demarcate a line between protected and prohibited conduct and should not inhibit legitimate scientific, medical, or educational activities.
The legislature further finds that children engaged in sexual conduct for financial compensation are frequently the victims of sexual abuse. Approximately eighty to ninety percent of children engaged in sexual activity for financial compensation have a history of sexual abuse victimization. It is the intent of the legislature to encourage these children to engage in prevention and intervention services and to hold those who pay to engage in the sexual abuse of children accountable for the trauma they inflict on children.
The legislature further finds that due to the changing nature of technology, offenders are now able to access child pornography in different ways and in increasing quantities. By amending current statutes governing depictions of a minor engaged in sexually explicit conduct, it is the intent of the legislature to ensure that intentional viewing of and dealing in child pornography over the internet is subject to a criminal penalty without limiting the scope of existing prohibitions on the possession of or dealing in child pornography, including the possession of electronic depictions of a minor engaged in sexually explicit conduct. It is also the intent of the legislature to clarify, in response to State v. Sutherby, 204 P.3d 916 (2009), the unit of prosecution for the statutes governing possession of and dealing in depictions of a minor engaged in sexually explicit conduct. It is the intent of the legislature that the first degree offenses under RCW 9.68A.050, 9.68A.060, and 9.68A.070 have a per depiction or image unit of prosecution, while the second degree offenses under RCW 9.68A.050, 9.68A.060, and 9.68A.070 have a per incident unit of prosecution as established in State v. Sutherby, 204 P.3d 916 (2009). Furthermore, it is the intent of the legislature to set a different unit of prosecution for the new offense of viewing of depictions of a minor engaged in sexually explicit conduct such that each separate session of intentionally viewing over the internet of visual depictions or images of a minor engaged in sexually explicit conduct constitutes a separate offense.
The decisions of the Washington supreme court in State v. Boyd, 160 W.2d 424, 158 P.3d 54 (2007), and State v. Grenning, 169 Wn.2d 47, 234 P.3d 169 (2010), require prosecutors to duplicate and distribute depictions of a minor engaged in sexually explicit conduct ("child pornography") as part of the discovery process in a criminal prosecution. The legislature finds that the importance of protecting children from repeat exploitation in child pornography is not being given sufficient weight under these decisions. The importance of protecting children from repeat exploitation in child pornography is based upon the following findings:
(1) Child pornography is not entitled to protection under the First Amendment and thus may be prohibited;
(2) The state has a compelling interest in protecting children from those who sexually exploit them, and this interest extends to stamping out the vice of child pornography at all levels in the distribution chain;
(3) Every instance of viewing images of child pornography represents a renewed violation of the privacy of the victims and a repetition of their abuse;
(4) Child pornography constitutes prima facie contraband, and as such should not be distributed to, or copied by, child pornography defendants or their attorneys;
(5) It is imperative to prohibit the reproduction of child pornography in criminal cases so as to avoid repeated violation and abuse of victims, so long as the government makes reasonable accommodations for the inspection, viewing, and examination of such material for the purposes of mounting a criminal defense. The legislature is also aware that the Adam Walsh child protection and safety act, P.L. 109–248, 120 Stat. 587 (2006), codified at 18 U.S.C. Sec. 3509(m), prohibits the duplication and distribution of child pornography as part of the discovery process in federal prosecutions. This federal law has been in effect since 2006, and upheld repeatedly as constitutional. Courts interpreting the Walsh act have found that such limitations can be employed while still providing the defendant due process. The legislature joins congress, and the legislatures of other states that have passed similar provisions, in protecting these child victims so that our justice system does not cause repeat exploitation, while still providing due process to criminal defendants.
[ 2012 c 135 s 1; 2010 c 227 s 1; 2007 c 368 s 1; 1984 c 262 s 1.]

catchline: Legislative findings, intent.


title: RCW 9.68A.005

text:
This chapter does not apply to lawful conduct between spouses.
[ 2010 c 227 s 2.]

catchline: Chapter not applicable to lawful conduct between spouses.


title: RCW 9.68A.011

text:
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 a minor in a realistic manner utilizing images of another person or computer-generated images, regardless of whether such creation or alteration is accomplished manually or through an automated process. "Digitization" includes, but is not limited to, creation or alteration of any visual or printed matter by using artificial intelligence.
(2) "Fabricated depiction" means any visual or printed matter that was created or altered by digitization to depict a minor engaging in sexually explicit conduct and:
(a) The minor is identifiable from the matter itself or from information displayed with or otherwise connected to the matter; or
(b) Is obscene.
(3) An "internet session" means a period of time during which an internet user, using a specific internet protocol address, visits or is logged into an internet site for an uninterrupted period of time.
(4) "Live performance" means any play, show, skit, dance, or other exhibition performed or presented to or before an audience of one or more, with or without consideration.
(5) "Minor" means any person under 18 years of age.
(6) "Obscene" means any matter:
(a) Which the average person, applying contemporary community standards, would find, when considered as a whole, appeals to the prurient interest;
(b) Which the average person, applying contemporary community standards, would find explicitly depicts or describes patently offensive representations or descriptions of sexually explicit conduct; and
(c) Which, when considered as a whole, and in the context in which it is used, lacks serious literary, artistic, political, or scientific value.
(7) To "photograph" means to make a print, negative, slide, digital image, motion picture, or videotape. A "photograph" means anything tangible or intangible produced by photographing.
(8) "Sexually explicit conduct" means actual or simulated:
(a) Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex or between humans and animals;
(b) Penetration of the vagina or rectum by any object;
(c) Masturbation;
(d) Sadomasochistic abuse;
(e) Defecation or urination for the purpose of sexual stimulation of the viewer;
(f) Depiction of the genitals or unclothed pubic or rectal areas of any minor, or the unclothed breast of a female minor, for the purpose of sexual stimulation of the viewer. For the purposes of this subsection (8)(f), it is not necessary that the minor know that he or she is participating in the described conduct, or any aspect of it; or
(g) Touching of a person's clothed or unclothed genitals, pubic area, buttocks, or breast area for the purpose of sexual stimulation of the viewer.
(9) "Visual or printed matter" means any photograph or other material that contains a reproduction of a photograph. "Visual or printed matter" includes, but is not limited to, any such photograph or other material that constitutes a fabricated depiction.
[ 2026 c 223 s 2. Prior: 2024 c 88 s 1; 2010 c 227 s 3; 2002 c 70 s 1; 1989 c 32 s 1; 1984 c 262 s 2.]
Notes:
Findings—Intent—2026 c 223: "The legislature finds that rapid advancements in artificial intelligence and other digital tools have enabled users to easily create or alter images in a realistic manner, resulting in the widespread proliferation of fabricated depictions that are virtually indistinguishable from authentic images.
The legislature further finds that images of child sexual abuse have been reported in training datasets for artificial intelligence image generation, and that artificial intelligence and other digital tools are increasingly capable of generating realistic images of minors engaging in sexually explicit conduct.
The legislature further finds that artificial intelligence and other digital tools have introduced significant barriers to the detection and prosecution of crimes involving depictions of minors engaging in sexually explicit conduct, including by contributing to the increased volume of child sexual abuse material available online, facilitating the alteration of real images of child sexual abuse to evade conventional detection methods, and subverting conventional digital detection tools such as hash match identification.
The legislature further finds that even where a fabricated depiction of a minor engaging in sexually explicit conduct does not depict an identifiable victim, exposure to such material may nonetheless desensitize the creator and viewers to the sexual exploitation and abuse of minors, distort perceptions of healthy sexuality and relationships, and increase the likelihood of future victimization.
The legislature further finds that it has a legitimate and compelling interest in preventing the sexual exploitation and abuse of children, and that even fabricated depictions of such conduct are patently offensive and may be regulated without infringing on constitutionally protected activity.
Therefore, the legislature intends to expand Washington's existing prohibitions against fabricated depictions of minors engaged in sexually explicit conduct to include circumstances where the depicted minor is not identifiable." [ 2026 c 223 s 1.]

catchline: Definitions.


title: RCW 9.68A.040

text:
(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, invites, employs, authorizes, or causes a minor to engage in sexually explicit conduct, knowing that such conduct will be photographed or part of a live performance;
(c) Being a parent, legal guardian, or person having custody or control of a minor, permits the minor to engage in sexually explicit conduct, knowing that the conduct will be photographed or part of a live performance; or
(d) Knowingly causes a minor to be photographed or part of a live performance which depicts the minor engaged in sexually explicit conduct where the minor is unconscious or unaware of the photograph or live performance.
(2) Sexual exploitation of a minor is a class B felony punishable under chapter 9A.20 RCW.
[ 2026 c 223 s 9; 1989 c 32 s 2; 1984 c 262 s 3.]
Notes:
Findings—Intent—2026 c 223: See note following RCW 9.68A.011.

catchline: Sexual exploitation of a minor—Elements of crime—Penalty.


title: RCW 9.68A.050

text:
(1)(a) A person 18 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, disseminates, exchanges, finances, attempts to finance, or sells a visual or printed matter that depicts a minor engaged in an act of sexually explicit conduct as defined in RCW 9.68A.011(8) (a) through (e); or
(ii) Possesses with intent to develop, duplicate, publish, print, disseminate, exchange, or sell any visual or printed matter that depicts a minor engaged in an act of sexually explicit conduct as defined in RCW 9.68A.011(8) (a) through (e).
(b) Dealing in depictions of a minor engaged in sexually explicit conduct in the first degree is a class B felony punishable under chapter 9A.20 RCW.
(c) For the purposes of determining the unit of prosecution under this subsection, each depiction or image of visual or printed matter constitutes a separate offense.
(2)(a) A person 18 years of age or older commits the crime of dealing in depictions of a minor engaged in sexually explicit conduct in the second degree when he or she:
(i) Knowingly develops, duplicates, publishes, prints, disseminates, exchanges, finances, attempts to finance, or sells any visual or printed matter that depicts a minor engaged in an act of sexually explicit conduct as defined in RCW 9.68A.011(8) (f) or (g); or
(ii) Possesses with intent to develop, duplicate, publish, print, disseminate, exchange, or sell any visual or printed matter that depicts a minor engaged in an act of sexually explicit conduct as defined in RCW 9.68A.011(8) (f) or (g).
(b) Dealing in depictions of a minor engaged in sexually explicit conduct in the second degree is a class B felony punishable under chapter 9A.20 RCW.
(c) For the purposes of determining the unit of prosecution under this subsection, each incident of dealing in one or more depictions or images of visual or printed matter constitutes a separate offense.
[ 2026 c 223 s 3; 2019 c 128 s 3; 2017 c 126 s 3; 2010 c 227 s 4; 1989 c 32 s 3; 1984 c 262 s 4.]
Notes:
Findings—Intent—2026 c 223: See note following RCW 9.68A.011.
Short title—2019 c 128: See note following RCW 13.40.660.

catchline: Dealing in depictions of minor engaged in sexually explicit conduct.


title: RCW 9.68A.053

text:
(1)(a)(i) A person under the age of 18 commits the crime of a minor dealing in depictions of another minor 13 years of age or older engaged in sexually explicit conduct in the first degree when he or she knowingly distributes, publishes, transfers, disseminates, or exchanges a visual or printed matter that depicts another minor 13 years of age or older engaged in an act of sexually explicit conduct as defined in RCW 9.68A.011(8) (a) through (e).
(ii) Minor dealing in depictions of another minor 13 years of age or older engaged in sexually explicit conduct in the first degree is a gross misdemeanor.
(b)(i) A person under the age of 18 commits the crime of a minor dealing in depictions of another minor 13 years of age or older engaged in sexually explicit conduct in the second degree when he or she knowingly distributes, publishes, transfers, disseminates, or exchanges a visual or printed matter that depicts another minor 13 years of age or older engaged in an act of sexually explicit conduct as defined in RCW 9.68A.011(8) (f) or (g).
(ii) Minor dealing in depictions of another minor 13 years of age or older engaged in sexually explicit conduct in the second degree is a misdemeanor.
(2)(a) A person under age 18 commits the crime of minor dealing in depictions of another minor 12 years of age or younger engaged in sexually explicit conduct in the first degree when he or she:
(i) Knowingly develops, duplicates, publishes, prints, disseminates, exchanges, finances, attempts to finance, or sells a visual or printed matter that depicts another minor 12 years of age or younger engaged in an act of sexually explicit conduct as defined in RCW 9.68A.011(8) (a) through (e); or
(ii) Possesses with intent to develop, duplicate, publish, print, disseminate, exchange, or sell any visual or printed matter that depicts another minor 12 years of age or younger engaged in an act of sexually explicit conduct as defined in RCW 9.68A.011(8) (a) through (e).
(b) Minor dealing in depictions of another minor 12 years of age or younger engaged in sexually explicit conduct in the first degree is a class B felony punishable under chapter 9A.20 RCW.
(3)(a) A person under age 18 commits the crime of minor dealing in depictions of another minor 12 years of age or younger engaged in sexually explicit conduct in the second degree when he or she:
(i) Knowingly develops, duplicates, publishes, prints, disseminates, exchanges, finances, attempts to finance, or sells any visual or printed matter that depicts another minor 12 years of age or younger engaged in an act of sexually explicit conduct as defined in RCW 9.68A.011(8) (f) or (g); or
(ii) Possesses with intent to develop, duplicate, publish, print, disseminate, exchange, or sell any visual or printed matter that depicts another minor 12 years of age or younger engaged in an act of sexually explicit conduct as defined in RCW 9.68A.011(8) (f) or (g).
(b) Minor dealing in depictions of a minor 12 years of age or younger engaged in sexually explicit conduct in the second degree is a class B felony punishable under chapter 9A.20 RCW.
(4)(a) Any person under the age of 18 commits the crime of minor financing or selling depictions of another minor engaged in sexually explicit conduct when he or she finances, attempts to finance, or sells a visual or printed matter that depicts a minor engaged in an act of sexually explicit conduct as defined in RCW 9.68A.011(8) (a) through (g).
(b) Minor financing or selling depictions of another minor engaged in sexually explicit conduct is a class B felony punishable under chapter 9A.20 RCW.
(5)(a) A person under the age of 18 commits the crime of minor selling depictions of himself or herself engaged in sexually explicit conduct when he or she sells a visual or printed matter that depicts himself or herself engaged in an act of sexually explicit conduct as defined in RCW 9.68A.011(8) (a) through (g).
(b) Minor selling depictions of himself or herself engaged in sexually explicit conduct is a misdemeanor.
(6) This section does not apply to a person under 18 years of age who finances, attempts to finance, develops, duplicates, publishes, prints, disseminates, exchanges, or possesses a visual or printed matter that depicts himself or herself engaged in an act of sexually explicit conduct as defined in RCW 9.68A.011(8).
(7) For the purposes of determining the unit of prosecution under this section, each depiction or image of visual or printed matter constitutes a separate offense.
[ 2026 c 223 s 4; 2019 c 128 s 4.]
Notes:
Findings—Intent—2026 c 223: See note following RCW 9.68A.011.
Short title—2019 c 128: See note following RCW 13.40.660.

catchline: Sexually explicit images—Crimes by minors—Penalties.


title: RCW 9.68A.055

text:
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 court exercising jurisdiction over such depiction or depictions shall order forfeiture of the depiction or depictions to the custody of law enforcement.
[ 2024 c 88 s 2; 2019 c 128 s 9.]
Notes:
Short title—2019 c 128: See note following RCW 13.40.660.

catchline: Sexually explicit images—Forfeiture by minors.


title: RCW 9.68A.060

text:
(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 sends or causes to be sent, or brings or causes to be brought, into this state for sale or distribution, a visual or printed matter that depicts a minor engaged in sexually explicit conduct as defined in RCW 9.68A.011(8) (a) through (e).
(b) Sending or bringing into the state depictions of a minor engaged in sexually explicit conduct in the first degree is a class B felony punishable under chapter 9A.20 RCW.
(c) For the purposes of determining the unit of prosecution under this subsection, each depiction or image of visual or printed matter constitutes a separate offense.
(2)(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 second degree when he or she knowingly sends or causes to be sent, or brings or causes to be brought, into this state for sale or distribution, any visual or printed matter that depicts a minor engaged in sexually explicit conduct as defined in RCW 9.68A.011(8) (f) or (g).
(b) Sending or bringing into the state depictions of a minor engaged in sexually explicit conduct in the second degree is a class B felony punishable under chapter 9A.20 RCW.
(c) For the purposes of determining the unit of prosecution under this subsection, each incident of sending or bringing into the state one or more depictions or images of visual or printed matter constitutes a separate offense.
(3) This section does not apply to a minor who knowingly sends or causes to be sent, or brings or causes to be brought, into this state for distribution, visual or printed matter depicting any minor 13 years of age or older engaged in sexually explicit conduct.
(4) This section does not apply to a person under 13 years of age who knowingly sends or causes to be sent, or brings or causes to be brought, into this state for distribution, visual or printed matter depicting himself or herself engaged in sexually explicit conduct.
[ 2026 c 223 s 5; 2019 c 128 s 5; 2017 c 126 s 4; 2010 c 227 s 5; 1989 c 32 s 4; 1984 c 262 s 5.]
Notes:
Findings—Intent—2026 c 223: See note following RCW 9.68A.011.
Short title—2019 c 128: See note following RCW 13.40.660.

catchline: Sending, bringing into state depictions of minor engaged in sexually explicit conduct.


title: RCW 9.68A.070

text:
(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 or printed matter depicting a minor engaged in sexually explicit conduct as defined in RCW 9.68A.011(8) (a) through (e).
(b) Possession of depictions of a minor engaged in sexually explicit conduct in the first degree is a class B felony punishable under chapter 9A.20 RCW.
(c) For the purposes of determining the unit of prosecution under this subsection, each depiction or image of visual or printed matter constitutes a separate offense.
(2)(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 second degree when he or she knowingly possesses any visual or printed matter depicting a minor engaged in sexually explicit conduct as defined in RCW 9.68A.011(8) (f) or (g).
(b) Possession of depictions of a minor engaged in sexually explicit conduct in the second degree is a class B felony punishable under chapter 9A.20 RCW.
(c) For the purposes of determining the unit of prosecution under this subsection, each incident of possession of one or more depictions or images of visual or printed matter constitutes a separate offense.
(3) This section does not apply to a minor's possession of visual or printed matter depicting any minor 13 years of age or older engaged in sexually explicit conduct.
(4) This section does not apply to a person under 13 years of age in possession of visual or printed matter depicting himself or herself engaged in sexually explicit conduct.
[ 2026 c 223 s 6; 2019 c 128 s 6; 2017 c 126 s 2; 2010 c 227 s 6; 2006 c 139 s 3; 1990 c 155 s 1; 1989 c 32 s 5; 1984 c 262 s 6.]
Notes:
Findings—Intent—2026 c 223: See note following RCW 9.68A.011.
Short title—2019 c 128: See note following RCW 13.40.660.
Effective date—1990 c 155 ss 1 and 2: "Sections 1 and 2 of this act shall be effective July 1, 1990." [ 1990 c 155 s 3.]

catchline: Possession of depictions of minor engaged in sexually explicit conduct.


title: RCW 9.68A.075

text:
(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(8) (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(8) (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 13 years of age or older engaged in sexually explicit conduct.
(6) This section does not apply to a person under 13 years of age who intentionally views over the internet visual or printed matter depicting himself or herself engaged in sexually explicit conduct.
[ 2026 c 223 s 7; 2019 c 128 s 7; 2010 c 227 s 7.]
Notes:
Findings—Intent—2026 c 223: See note following RCW 9.68A.011.
Short title—2019 c 128: See note following RCW 13.40.660.

catchline: Viewing depictions of a minor engaged in sexually explicit conduct.