Wash. Rev. Code » Title 9 · Chapter 9.68A
Revised Code of Washington

Wash. Rev. Code § 9.68A.011 (2026)

Definitions

✓ current as of May 2026
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*** CHANGE IN 2026 *** (SEE 5105-S.SL) ***
Unless the context clearly indicates otherwise, the definitions in this section apply throughout this chapter.
(1) "Digitization" means creating or altering any visual or printed matter to depict an identifiable minor in a realistic manner 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 of an identifiable minor" and "fabricated depiction" mean any visual or printed matter that depicts a minor who is identifiable from the matter itself or from information displayed with or otherwise connected to the matter, and that was created or altered by digitization to depict the minor engaging in sexually explicit conduct in which the minor did not actually engage.
(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 eighteen years of age.
(6) 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.
(7) "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 (7)(f), it is not necessary that the minor know that he or she is participating in the described conduct, or any aspect of it; and
(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.
(8) "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 of an identifiable minor.
[ 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:

Reviser's note: The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).
Notes of Decisions
Cited in 140 cases (20 in the last 5 years), 1989–2025 · leading case: State v. Bahl, 193 P.3d 678 (Wash. 2008).
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State v. Bahl, 193 P.3d 678 (Wash. 2008). · cites it 4× “d having live erotic performances: (b) "Erotic materials" means live performance: (i) Which the average person, applying contemporary community standards, would find, when considered as a whole, appeals to the prurient interest of minors; and (ii) Which explicitly depicts or…”
State v. Bahl, 164 Wash. 2d 739 (Wash. 2008). · cites it 3× “d having live erotic performances: (b) “Erotic materials” means live performance: (i) Which the average person, applying contemporary community standards, would find, when considered as a whole, appeals to the prurient interest of minors; and (ii) Which explicitly depicts or…”
State v. Gailus, 147 P.3d 1300 (Wash. Ct. App. 2006). · cites it 10× “070 and RCW 9.68A.011. A video *1304 digital file is akin to a "motion picture" or "videotape," each of which meets the statutory definition of "photograph.”
State v. Myers, 133 Wash. 2d 26 (Wash. 1997). · cites it 6× “Myers challenges whether RCW 9.68A.011(3)(e) (defining "sexually explicit conduct” for purposes of RCW 9.”
State v. Myers, 941 P.2d 1102 (Wash. 1997). · cites it 6× “Myers challenges whether RCW 9.68A.011(3)(e) (defining "sexually explicit conduct" for purposes of RCW 9.”
State v. Hai Minh Nguyen, 425 P.3d 847 (Wash. 2018). · cites it 2× “050 or any material depicting any person engaged in sexually explicit conduct as defined by RCW 9.68A.011(4) unless given prior approval by your sexual deviancy provider.”
State v. Sutherby, 204 P.3d 916 (Wash. 2009). · cites it 2× “" Former RCW 9.68A.011(2) (2002). Sutherby notes that "matter" is ordinarily considered a collective noun.”
State v. Perrone, 834 P.2d 611 (Wash. 1992). · cites it 5× “"Sexually explicit conduct" was defined as actual or simulated: sexual intercourse; penetration of the vagina or rectum by any object; masturbation for the sexual stimulation of the viewer; sadomasochistic abuse for the sexual stimulation of the viewer; exhibition of the…”
State v. Grannis, 930 P.2d 327 (Wash. Ct. App. 1997). · cites it 11× “Thus, the evidence does not show an exhibition of the genitals or breasts for the purpose of sexually stimulating a viewer, or that the girls engaged in "sexually explicit conduct" within the meaning of RCW 9.68A.011(3). As in Chester, where an essential conclusion was that a…”
State v. Gailus, 136 Wash. App. 191 (Wash. Ct. App. 2006). · cites it 6× “070 and RCW 9.68A.011. A video digital file is akin to a “motion picture” or “videotape,” each of which meets the statutory definition of “photograph.”
State v. Polk, 348 P.3d 1255 (Wash. Ct. App. 2015). · cites it 7× “The court recognized that possession of a “visual or printed matter” constituted “any photograph or other material” under former RCW 9.68A.011(2) (2002), and that “any” was an indefinite term that could mean (1) a single photograph, (2) one, some, or all photographs regardless…”
State v. Powell, 326 P.3d 859 (Wash. Ct. App. 2014). · cites it 9× “Citing this court’s pre2010 interpretations of former RCW 9.68A.011(3)’s definition of sexually explicit conduct, Powell argued that the minors in the images were not engaged in sexually explicit conduct.”
Show all 140 citing cases →
— Wash. Rev. Code § 9.68A.011(1) — 14 cases
State v. Gailus, 147 P.3d 1300 (Wash. Ct. App. 2006). “070 and RCW 9.68A.011. A video *1304 digital file is akin to a "motion picture" or "videotape," each of which meets the statutory definition of "photograph.”
State v. Root, 9 P.3d 214 (Wash. 2000).
State v. Root, 9 P.3d 214 (Wash. 2000).
State v. Gailus, 136 Wash. App. 191 (Wash. Ct. App. 2006). “070 and RCW 9.68A.011. A video digital file is akin to a “motion picture” or “videotape,” each of which meets the statutory definition of “photograph.”
State v. Cannon, 84 P.3d 283 (Wash. Ct. App. 2004).
— Wash. Rev. Code § 9.68A.011(2) — 19 cases
State v. Sutherby, 204 P.3d 916 (Wash. 2009). “" Former RCW 9.68A.011(2) (2002). Sutherby notes that "matter" is ordinarily considered a collective noun.”
State v. Sutherby, 165 Wash. 2d 870 (Wash. 2009).
State v. Gailus, 147 P.3d 1300 (Wash. Ct. App. 2006). “070 and RCW 9.68A.011. A video *1304 digital file is akin to a "motion picture" or "videotape," each of which meets the statutory definition of "photograph.”
State v. Sutherby, 158 P.3d 91 (Wash. Ct. App. 2007).
State v. Cannon, 120 Wash. App. 86 (Wash. Ct. App. 2004).
— Wash. Rev. Code § 9.68A.011(3) — 20 cases
State v. Bahl, 193 P.3d 678 (Wash. 2008). “d having live erotic performances: (b) "Erotic materials" means live performance: (i) Which the average person, applying contemporary community standards, would find, when considered as a whole, appeals to the prurient interest of minors; and (ii) Which explicitly depicts or…”
State v. Bahl, 164 Wash. 2d 739 (Wash. 2008). “d having live erotic performances: (b) “Erotic materials” means live performance: (i) Which the average person, applying contemporary community standards, would find, when considered as a whole, appeals to the prurient interest of minors; and (ii) Which explicitly depicts or…”
State v. Wible, 51 P.3d 830 (Wash. Ct. App. 2002).
State v. Powell, 326 P.3d 859 (Wash. Ct. App. 2014). “Citing this court’s pre2010 interpretations of former RCW 9.68A.011(3)’s definition of sexually explicit conduct, Powell argued that the minors in the images were not engaged in sexually explicit conduct.”
State v. Wible, 113 Wash. App. 18 (Wash. Ct. App. 2002).
— Wash. Rev. Code § 9.68A.011(3)(a) — 3 cases
State v. Chester, 918 P.2d 514 (Wash. Ct. App. 1996).
State v. Powell, 326 P.3d 859 (Wash. Ct. App. 2014). “Citing this court’s pre2010 interpretations of former RCW 9.68A.011(3)’s definition of sexually explicit conduct, Powell argued that the minors in the images were not engaged in sexually explicit conduct.”
State v. Whipple, 144 Wash. App. 654 (Wash. Ct. App. 2008).
— Wash. Rev. Code § 9.68A.011(3)(c) — 1 case
State Of Washington, V Nicolas A. Clark (Wash. Ct. App. 2021).
— Wash. Rev. Code § 9.68A.011(3)(d) — 1 case
State v. Chester, 918 P.2d 514 (Wash. Ct. App. 1996).
— Wash. Rev. Code § 9.68A.011(3)(d)(g) — 1 case
State v. Chester, 918 P.2d 514 (Wash. Ct. App. 1996).
— Wash. Rev. Code § 9.68A.011(3)(e) — 24 cases
State v. Myers, 133 Wash. 2d 26 (Wash. 1997). “Myers challenges whether RCW 9.68A.011(3)(e) (defining "sexually explicit conduct” for purposes of RCW 9.”
State v. Myers, 941 P.2d 1102 (Wash. 1997). “Myers challenges whether RCW 9.68A.011(3)(e) (defining "sexually explicit conduct" for purposes of RCW 9.”
State v. Grannis, 930 P.2d 327 (Wash. Ct. App. 1997). “Thus, the evidence does not show an exhibition of the genitals or breasts for the purpose of sexually stimulating a viewer, or that the girls engaged in "sexually explicit conduct" within the meaning of RCW 9.68A.011(3). As in Chester, where an essential conclusion was that a…”
Purcell v. Commonwealth, 149 S.W.3d 382 (Ky. 2004).
State v. Chester, 940 P.2d 1374 (Wash. 1997).
— Wash. Rev. Code § 9.68A.011(4) — 53 cases
State v. Hai Minh Nguyen, 425 P.3d 847 (Wash. 2018). “050 or any material depicting any person engaged in sexually explicit conduct as defined by RCW 9.68A.011(4) unless given prior approval by your sexual deviancy provider.”
State of Washington v. Kevin Arther Peters, 455 P.3d 141 (Wash. Ct. App. 2019).
State v. Luther, 134 P.3d 205 (Wash. 2006).
State v. Luther, 134 P.3d 205 (Wash. 2006).
State v. J.H.-M., 566 P.3d 847 (Wash. 2025).
— Wash. Rev. Code § 9.68A.011(4)(a) — 9 cases
State v. Polk, 348 P.3d 1255 (Wash. Ct. App. 2015). “The court recognized that possession of a “visual or printed matter” constituted “any photograph or other material” under former RCW 9.68A.011(2) (2002), and that “any” was an indefinite term that could mean (1) a single photograph, (2) one, some, or all photographs regardless…”
State Of Washington v. Marc Mckee, 413 P.3d 1049 (Wash. Ct. App. 2018).
State Of Washington v. Dwayne Marcum (Wash. Ct. App. 2016).
State Of Washington v. Paul Gilmore (Wash. Ct. App. 2016).
State Of Washington v. Jameel Librado Padilla (Wash. Ct. App. 2017).
— Wash. Rev. Code § 9.68A.011(4)(c) — 1 case
State v. J.H.-M., 566 P.3d 847 (Wash. 2025).
— Wash. Rev. Code § 9.68A.011(4)(e) — 2 cases
State v. J.H.-M., 566 P.3d 847 (Wash. 2025).
State Of Washington, V. Wayde Rice (Wash. Ct. App. 2022).
— Wash. Rev. Code § 9.68A.011(4)(f) — 18 cases
State v. Polk, 348 P.3d 1255 (Wash. Ct. App. 2015). “The court recognized that possession of a “visual or printed matter” constituted “any photograph or other material” under former RCW 9.68A.011(2) (2002), and that “any” was an indefinite term that could mean (1) a single photograph, (2) one, some, or all photographs regardless…”
State v. Powell, 326 P.3d 859 (Wash. Ct. App. 2014). “Citing this court’s pre2010 interpretations of former RCW 9.68A.011(3)’s definition of sexually explicit conduct, Powell argued that the minors in the images were not engaged in sexually explicit conduct.”
State Of Washington v. Marc Mckee, 413 P.3d 1049 (Wash. Ct. App. 2018).
State v. E.G., 377 P.3d 272 (Wash. Ct. App. 2016).
State v. J.H.-M., 566 P.3d 847 (Wash. 2025).
— Wash. Rev. Code § 9.68A.011(5) — 14 cases
State, Dept. of Pub. Saf. v. Doe I, 425 P.3d 115 (Alaska 2018).
State of Washington v. Yasir M. Majeed, 474 P.3d 1085 (Wash. Ct. App. 2020).
State v. Stribling, 267 P.3d 403 (Wash. Ct. App. 2011).
State v. Stribling, 164 Wash. App. 867 (Wash. Ct. App. 2011).
State v. Gray (Wash. 2017).
— Wash. Rev. Code § 9.68A.011(6) — 1 case
State Of Washington v. Melford J. Warren Jr. (Wash. Ct. App. 2018).
— Wash. Rev. Code § 9.68A.011(7) — 2 cases
State of Washington v. Michael J. Braae (Wash. Ct. App. 2025).
State Of Washington, V. Jeremiah Jeffries-porter (Wash. Ct. App. 2025).
— Wash. Rev. Code § 9.68A.011(e) — 1 case
State v. Chester, 918 P.2d 514 (Wash. Ct. App. 1996).
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