Wash. Rev. Code » Title 7 · Chapter 7.48A
Revised Code of Washington

Wash. Rev. Code § 7.48A.010 (2026)

Definitions

✓ current as of May 2026
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The definitions set forth in this section shall apply throughout this chapter.
(1) "Knowledge" or "knowledge of such nuisance" means having knowledge of the contents and character of the patently offensive sexual or violent conduct which appears in the lewd matter, or knowledge of the acts of lewdness or prostitution which occur on the premises, or knowledge that controlled substances identified in Article II of chapter 69.50 RCW and not authorized by that chapter, are manufactured, delivered or possessed, or where any such substance not obtained in a manner authorized by chapter 69.50 RCW is consumed by ingestion, inhalation, or injection or any other means.
(2) "Lewd matter" is synonymous with "obscene matter" and means any matter:
(a) Which the average person, applying contemporary community standards, would find, when considered as a whole, appeals to the prurient interest; and
(b) Which explicitly depicts or describes patently offensive representations or descriptions of:
(i) Ultimate sexual acts, normal or perverted, actual or simulated; or
(ii) Masturbation, fellatio, cunnilingus, bestiality, excretory functions, or lewd exhibition of the genitals or genital area; or
(iii) Violent or destructive sexual acts, including but not limited to human or animal mutilation, dismemberment, rape or torture; 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.
(3) "Lewdness" shall have and include all those meanings which are assigned to it under the common law.
(4) "Live performance" means any play, show, skit, dance, or other exhibition performed or presented to or before an audience of one or more, in person or by electronic transmission, with or without consideration.
(5) "Matter" shall mean a live performance, a motion picture film, or a publication or any combination thereof.
(6) "Motion picture film" shall include any:
(a) Film or plate negative;
(b) Film or plate positive;
(c) Film designed to be projected on a screen for exhibition;
(d) Film, glass slides, or transparencies, either in negative or positive form, designed for exhibition by projection on a screen;
(e) Videotape or any other medium used to electronically reproduce images on a screen.
(7) "Person" means any individual, partnership, firm, association, corporation, or other legal entity.
(8) "Place" includes, but is not limited to, any building, structure, or places, or any separate part or portion thereof, whether permanent or not, or the ground itself.
(9) "Prurient" means that which incites lasciviousness or lust.
(10) "Publication" shall include any book, magazine, article, pamphlet, writing, printing, illustration, picture, sound recording, or coin-operated machine.
(11) "Sale" means a passing of title or right of possession from a seller to a buyer for valuable consideration, and shall include, but is not limited to, any lease or rental arrangement or other transaction wherein or whereby any valuable consideration is received for the use of, or transfer of possession of, lewd matter.
[ 1990 c 152 s 4; 1988 c 141 s 2; 1982 c 184 s 1.]

Notes:

Notes of Decisions
Cited in 13 cases, 1987–2008 · leading case: State v. Reece, 757 P.2d 947 (Wash. 1988).
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State v. Reece, 757 P.2d 947 (Wash. 1988). · cites it 32× “140, and the definition of "lewd matter" it incorporates from RCW 7.48A.010. In both cases defendants were charged with promoting pornography in violation of RCW 9.”
State v. Bahl, 193 P.3d 678 (Wash. 2008). · cites it 2× “140 makes it illegal to "promot[e] pornography": "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.”
State v. Bahl, 164 Wash. 2d 739 (Wash. 2008). · cites it 2× “140 makes it illegal to “promot[e] pornography”: “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.”
State v. J-R Distributors, Inc., 765 P.2d 281 (Wash. 1988). · cites it 8× “J-R then noted its motion for return of property for hearing in Seattle District Court. On March 5, 1987, the District Court Judge denied the motion.”
Ino Ino, Inc. v. City of Bellevue, 132 Wash. 2d 103 (Wash. 1997). · cites it 2× “RCW 7.48A.010(2) provides: "Lewd matter” is synonymous with "obscene matter” and means any matter: (a) Which the average person, applying contemporary community standards, would find, when considered as a whole, appeals to the prurient interest; and (b) Which explicitly depicts…”
Ino Ino, Inc. v. City of Bellevue, 937 P.2d 154 (Wash. 1997). · cites it 2× “[14] RCW 7.48A.010(2) provides: "Lewd matter" is synonymous with "obscene matter" and means any matter: (a) Which the average person, applying contemporary community standards, would find, when considered as a whole, appeals to the prurient interest; and (b) Which explicitly…”
State v. Holt, 783 P.2d 87 (Wash. Ct. App. 1989). · cites it 5× “140 provides: "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.”
O'DAY v. King Cnty., 749 P.2d 142 (Wash. 1988). “050(E), which like that used in RCW 7.48A.010, conforms with federal requirements.”
Deja Vu, Inc. v. Spokane Cnty., 46 F. Supp. 2d 1083 (E.D. Wash. 1998). · cites it 6× “11 RCW § 7.48A.010(2) (“lewd matter is synonymous with obscene matter.”
Lefevers v. State, 20 S.W.3d 707 (Tex. Crim. App. 2000). “050(2)(b) (1999) ("ultimate sexual acts” in separate subsection from "[m]astur-bation, excretory functions, or lewd exhibition of the genitals or genital area”); Wash. Rev.Code § 7.48A.010(2)(b) (1999) ("ultimate sex acts” in separate subsection from "[m]as-turbation, fellatio,…”
Citizens for Responsible Gov't State Political Action Comm. v. Davidson, 236 F.3d 1174 (10th Cir. 2000). · cites it 2× “2794 (quoting Wash. Rev.Code § 7.48A.010(2)(a) (1983)).”
State v. Hayes, 738 P.2d 276 (Wash. 1987). “140, which incorporates RCW 7.48A.010 by reference and was enacted as Substitute House Bill (HB) 626 in 1982.”
Show all 13 citing cases →
— Wash. Rev. Code § 7.48A.010(2) — 8 cases
State v. Bahl, 193 P.3d 678 (Wash. 2008). “140 makes it illegal to "promot[e] pornography": "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.”
State v. Bahl, 164 Wash. 2d 739 (Wash. 2008). “140 makes it illegal to “promot[e] pornography”: “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.”
State v. J-R Distributors, Inc., 765 P.2d 281 (Wash. 1988). “J-R then noted its motion for return of property for hearing in Seattle District Court. On March 5, 1987, the District Court Judge denied the motion.”
Ino Ino, Inc. v. City of Bellevue, 132 Wash. 2d 103 (Wash. 1997). “RCW 7.48A.010(2) provides: "Lewd matter” is synonymous with "obscene matter” and means any matter: (a) Which the average person, applying contemporary community standards, would find, when considered as a whole, appeals to the prurient interest; and (b) Which explicitly depicts…”
Ino Ino, Inc. v. City of Bellevue, 937 P.2d 154 (Wash. 1997). “[14] RCW 7.48A.010(2) provides: "Lewd matter" is synonymous with "obscene matter" and means any matter: (a) Which the average person, applying contemporary community standards, would find, when considered as a whole, appeals to the prurient interest; and (b) Which explicitly…”
— Wash. Rev. Code § 7.48A.010(2)(a) — 2 cases
Citizens for Responsible Gov't State Political Action Comm. v. Davidson, 236 F.3d 1174 (10th Cir. 2000). “2794 (quoting Wash. Rev.Code § 7.48A.010(2)(a) (1983)).”
Citizens for Responsible Gov't State Political Action Comm. Steve Durham Phil Pankey Colorado State Repub. Cent. Comm. Colorado Republicans for Choice, an Unincorporated Colorado Political Comm. Crown Point Commc'ns, Inc., a Colorado Corp. Dorothy S. Wham William Thiebaut, Jr. Donna Mullins Good Colorado Educ. Ass'n Educ. Political Action Comm., a Colorado Nonprofit Corp., & & Colorado Right to Life Comm., Inc. Citizens for Responsible Gov't, Inc. Libertarian Party of Colorado Libertarian Party of Denver Sandra Johnson Douglas E. Anderson David Aitken Fred Greene Firearms Coalition of Colorado, Inc. William Pittman Greg Walerius, Plaintiffs-Cross-Appellants v. Donetta Davidson, in Her Off. Capacity as the Sec'y of State for the State of Colorado, & Cross-Appellee. Repub. Nat'l Comm. Common Cause League of Women Voters of Colorado Ass'n of Cmty. Organizations for Reform Now, Colorado Chapter, Amici Curiae. Terry L. Phillips, & v. Donetta Davidson, Sec'y of State of the State of Colorado, & Cross-Appellee, 236 F.3d 1174 (10th Cir. 2000).
— Wash. Rev. Code § 7.48A.010(2)(b) — 4 cases
Ino Ino, Inc. v. City of Bellevue, 132 Wash. 2d 103 (Wash. 1997). “RCW 7.48A.010(2) provides: "Lewd matter” is synonymous with "obscene matter” and means any matter: (a) Which the average person, applying contemporary community standards, would find, when considered as a whole, appeals to the prurient interest; and (b) Which explicitly depicts…”
Ino Ino, Inc. v. City of Bellevue, 937 P.2d 154 (Wash. 1997). “[14] RCW 7.48A.010(2) provides: "Lewd matter" is synonymous with "obscene matter" and means any matter: (a) Which the average person, applying contemporary community standards, would find, when considered as a whole, appeals to the prurient interest; and (b) Which explicitly…”
Lefevers v. State, 20 S.W.3d 707 (Tex. Crim. App. 2000). “050(2)(b) (1999) ("ultimate sexual acts” in separate subsection from "[m]astur-bation, excretory functions, or lewd exhibition of the genitals or genital area”); Wash. Rev.Code § 7.48A.010(2)(b) (1999) ("ultimate sex acts” in separate subsection from "[m]as-turbation, fellatio,…”
Deja Vu, Inc. v. Spokane Cnty., 46 F. Supp. 2d 1083 (E.D. Wash. 1998). “11 RCW § 7.48A.010(2) (“lewd matter is synonymous with obscene matter.”
— Wash. Rev. Code § 7.48A.010(2)(b)(ii) — 1 case
Deja Vu, Inc. v. Spokane Cnty., 46 F. Supp. 2d 1083 (E.D. Wash. 1998). “11 RCW § 7.48A.010(2) (“lewd matter is synonymous with obscene matter.”
— Wash. Rev. Code § 7.48A.010(2)(b)(iii) — 1 case
State v. Reece, 757 P.2d 947 (Wash. 1988). “140, and the definition of "lewd matter" it incorporates from RCW 7.48A.010. In both cases defendants were charged with promoting pornography in violation of RCW 9.”
— Wash. Rev. Code § 7.48A.010(2)(c) — 1 case
State v. Holt, 783 P.2d 87 (Wash. Ct. App. 1989). “140 provides: "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.”
— Wash. Rev. Code § 7.48A.010(8) — 3 cases
State v. Holt, 783 P.2d 87 (Wash. Ct. App. 1989). “140 provides: "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.”
Citizens for Responsible Gov't State Political Action Comm. v. Davidson, 236 F.3d 1174 (10th Cir. 2000). “2794 (quoting Wash. Rev.Code § 7.48A.010(2)(a) (1983)).”
Citizens for Responsible Gov't State Political Action Comm. Steve Durham Phil Pankey Colorado State Repub. Cent. Comm. Colorado Republicans for Choice, an Unincorporated Colorado Political Comm. Crown Point Commc'ns, Inc., a Colorado Corp. Dorothy S. Wham William Thiebaut, Jr. Donna Mullins Good Colorado Educ. Ass'n Educ. Political Action Comm., a Colorado Nonprofit Corp., & & Colorado Right to Life Comm., Inc. Citizens for Responsible Gov't, Inc. Libertarian Party of Colorado Libertarian Party of Denver Sandra Johnson Douglas E. Anderson David Aitken Fred Greene Firearms Coalition of Colorado, Inc. William Pittman Greg Walerius, Plaintiffs-Cross-Appellants v. Donetta Davidson, in Her Off. Capacity as the Sec'y of State for the State of Colorado, & Cross-Appellee. Repub. Nat'l Comm. Common Cause League of Women Voters of Colorado Ass'n of Cmty. Organizations for Reform Now, Colorado Chapter, Amici Curiae. Terry L. Phillips, & v. Donetta Davidson, Sec'y of State of the State of Colorado, & Cross-Appellee, 236 F.3d 1174 (10th Cir. 2000).
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