Chapter 10.32
MINOR-RELATED SEX OFFENSES
Sections:
10.32.010 Depictions of minor engaged in sexually explicit conduct—Definitions.
10.32.030 Depictions of minor engaged in sexually explicit conduct—Report required by processor.
10.32.040 Communication with minor for immoral purposes.
10.32.050 Certain defenses barred, permitted.
10.32.010 Depictions of minor engaged in sexually explicit conduct—Definitions.
The following definitions apply to this chapter:
A. To “photograph” means to make a print, negative, slide, motion picture, or videotape. A “photograph” means any tangible item produced by photographing.
B. “Visual or printed matter” means any photograph or other material that contains a reproduction of a photograph.
C. “Sexually explicit conduct” means actual or simulated:
1. 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;
2. Penetration of the vagina or rectum by any object;
3. Masturbation;
4. Sadomasochistic abuse for the purpose of sexual stimulation of the viewer;
5. Exhibition 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;
6. Defecation or urination for the purpose of sexual stimulation of the viewer; and
7. Touching of a person’s clothed or unclothed genitals, pubic area, buttocks, or breast area for the purpose of sexual stimulation of the viewer.
D. “Minor” means any person under eighteen years of age. (Ord. 1632-89 § 1, 1989; Ord. 1145-85 § 101, 1985)
10.32.030 Depictions of minor engaged in sexually explicit conduct—Report required by processor.
A person who, in the course of processing or producing visual or printed matter either privately or commercially, has reasonable cause to believe that the visual or printed matter submitted for processing or producing depicts a minor engaged in sexually explicit conduct shall immediately report such incident, or cause a report to be made, to the proper law enforcement agency. Persons failing to do so are guilty of a gross misdemeanor. (Ord. 1145-85 § 103, 1985)
10.32.040 Communication with minor for immoral purposes.
RCW 9.68A.090 as currently enacted or later amended is adopted by reference as if set forth in full herein. (Ord. 3654-19 § 7, 2019: Ord. 2748-04 § 1, 2004: Ord. 1145-85 § 104, 1985)
10.32.050 Certain defenses barred, permitted.
A. Law enforcement and prosecution agencies shall not employ minors to aid in the investigation of a violation of Section 10.32.040. This chapter does not apply to individual case treatment in a recognized medical facility or individual case treatment by a psychiatrist or psychologist licensed under RCW Title 18, or to lawful conduct between spouses.
B. In a prosecution under Section 10.32.030, it is not a defense that the defendant did not know the age of the child depicted in the visual or printed matter; provided, that it is a defense, which the defendant must prove by a preponderance of the evidence, that at the time of the offense the defendant was not in possession of any facts on the basis of which he or she should reasonably have known that the person depicted was a minor.
C. In a prosecution under Section 10.32.040, it is not a defense that the defendant did not know the alleged victim’s age; provided, that it is a defense, which the defendant must prove by preponderance of the evidence, that at the time of the offense, the defendant reasonably believed the alleged victim to be at least eighteen years of age based on declarations of the alleged victim.
D. In a prosecution under Section 10.32.030, the city is not required to establish the identity of the alleged victim. (Ord. 1716-90 § 2, 1990; Ord. 1632-89 § 2, 1989; Ord. 1145-85 § 105, 1985)