Revised Code of Washington

Wash. Rev. Code § 9.68A.050 (2026)

Dealing in depictions of minor engaged in sexually explicit conduct

✓ current as of May 2026
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*** CHANGE IN 2026 *** (SEE 5105-S.SL) ***
(1)(a) A person eighteen years of age or older commits the crime of dealing in depictions of a minor engaged in sexually explicit conduct in the first degree when he or she:
(i) Knowingly develops, duplicates, publishes, prints, 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(4) (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(4) (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 eighteen 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(4) (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(4) (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.
[ 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:

*Reviser's note: RCW 9.68A.011 was alphabetized pursuant to RCW 1.08.015(2)(k), changing subsection (4) to subsection (7).
Short title2019 c 128: See note following RCW 13.40.660.
Notes of Decisions
Cited in 46 cases (6 in the last 5 years), 1990–2026 · leading case: State v. Boyd, 158 P.3d 54 (Wash. 2007).
State v. Boyd, 158 P.3d 54 (Wash. 2007). · cites it 5× “[8] ¶ 28 Finally, the State argues that providing the defendants with copies of the materials sought would constitute sexual exploitation of children contrary to RCW 9.68A.050. [9] We are not convinced the statute was ever intended to apply to the trial process.”
State v. Griffith, 120 P.3d 610 (Wash. Ct. App. 2005). · cites it 6× “050 provides: A person who: (1) 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; or (2) Possesses with intent to…”
State v. Boyd, 160 Wash. 2d 424 (Wash. 2007). · cites it 4× “…engaged in an act of sexually explicit conduct is guilty of a class C felony punishable under chapter 9A.20 RCW. RCW 9.68A.050.”
State v. Griffith, 129 Wash. App. 482 (Wash. Ct. App. 2005). · cites it 5× “RCW 9.68A.050 provides: A person who: (1) 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; or (2) Possesses with…”
State v. Perrone, 834 P.2d 611 (Wash. 1992). · cites it 3× “Under these alleged facts, there was probable cause to conclude that defendant violated RCW 9.68A.050, prohibiting possession of material depicting minors in sexually explicit conduct with intent to disseminate, exchange, or sell it.”
State v. Knutson, 823 P.2d 513 (Wash. Ct. App. 1991). · cites it 7× “We initially consider whether the trial court erred by concluding that the eight convictions were not multiplici-tous and that Knutson's offender score consequently was 7. Knutson argues that, as to each victim, the two convictions under RCW 9.”
State v. Polk, 348 P.3d 1255 (Wash. Ct. App. 2015). · cites it 4× “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.”
State Of Washington v. Marc Mckee, 413 P.3d 1049 (Wash. Ct. App. 2018). · cites it 7× “040" and "Dealing in depictions of minor engaged in sexually explicit conduct RCW 9.68A.050." The Affidavit states, in pertinent part: On 10/29/12 Officer Reed investigated a pornography call that was reported by Brenda Brickley to the Mount Vernon Police Department.”
State v. Vance, 339 P.3d 245 (Wash. Ct. App. 2014). “RCW 9.68A.050. RCW 9.68A.070. If oral testimony is sought by a demand in any case or matter in which the United States is not a party, an affidavit, or, if that is not feasible, a statement by the party seeking the testimony or by his attorney, setting forth a summary of the…”
State v. Besola, 359 P.3d 799 (Wash. 2015). “As in Perrone , these descriptions could easily have been made more particular by adding the precise statutory language—“depictions of a minor engaged in sexually explicit conduct,” RCW 9.68A.050 (boldface omitted). Under Perrone , these provisions were insufficiently particular…”
State v. Root, 9 P.3d 214 (Wash. 2000). “RCW 9.68A.050. The following sections discuss bringing such materials into the state, possession of such materials, and processing such materials: RCW 9.”
State v. Root, 9 P.3d 214 (Wash. 2000). “RCW 9.68A.050. The following sections discuss bringing such materials into the state, possession of such materials, and processing such materials.”
— Wash. Rev. Code § 9.68A.050(1) — 4 cases
State v. Griffith, 120 P.3d 610 (Wash. Ct. App. 2005). “050 provides: A person who: (1) 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; or (2) Possesses with intent to…”
State v. Griffith, 129 Wash. App. 482 (Wash. Ct. App. 2005). “RCW 9.68A.050 provides: A person who: (1) 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; or (2) Possesses with…”
State v. Smith, 805 P.2d 256 (Wash. Ct. App. 1991).
— Wash. Rev. Code § 9.68A.050(1)(a) — 1 case
— Wash. Rev. Code § 9.68A.050(1)(a)(i) — 2 cases
In re: S.K. (Md. 2019).
In re: S.K., 466 Md. 61 (Md. 2019).
— Wash. Rev. Code § 9.68A.050(1)(c) — 1 case
— Wash. Rev. Code § 9.68A.050(2) — 10 cases
State v. Perrone, 834 P.2d 611 (Wash. 1992). “Under these alleged facts, there was probable cause to conclude that defendant violated RCW 9.68A.050, prohibiting possession of material depicting minors in sexually explicit conduct with intent to disseminate, exchange, or sell it.”
State v. Griffith, 120 P.3d 610 (Wash. Ct. App. 2005). “050 provides: A person who: (1) 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; or (2) Possesses with intent to…”
State v. Griffith, 129 Wash. App. 482 (Wash. Ct. App. 2005). “RCW 9.68A.050 provides: A person who: (1) 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; or (2) Possesses with…”
State v. Knutson, 823 P.2d 513 (Wash. Ct. App. 1991). “We initially consider whether the trial court erred by concluding that the eight convictions were not multiplici-tous and that Knutson's offender score consequently was 7. Knutson argues that, as to each victim, the two convictions under RCW 9.”
State v. Reep, 167 P.3d 1156 (Wash. 2007).
— Wash. Rev. Code § 9.68A.050(2)(a) — 6 cases
State v. E.G., 377 P.3d 272 (Wash. Ct. App. 2016).
State v. Gray (Wash. 2017).
State of Washington v. E.G. (Wash. Ct. App. 2016).
State of Washington v. E.G. (Wash. Ct. App. 2016).
— Wash. Rev. Code § 9.68A.050(2)(a)(i) — 2 cases
State v. Polk, 348 P.3d 1255 (Wash. Ct. App. 2015). “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.”
— Wash. Rev. Code § 9.68A.050(2)(b) — 3 cases
State Of Washington v. Marc Mckee, 413 P.3d 1049 (Wash. Ct. App. 2018). “040" and "Dealing in depictions of minor engaged in sexually explicit conduct RCW 9.68A.050." The Affidavit states, in pertinent part: On 10/29/12 Officer Reed investigated a pornography call that was reported by Brenda Brickley to the Mount Vernon Police Department.”
State of Washington v. Ray G. Deonier (Wash. Ct. App. 2024).
— Wash. Rev. Code § 9.68A.050(l)(a)(l) — 1 case
State v. Gray (Wash. 2017).
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