Washington criminal charge
Sexually explicit images in Washington
Current through 2026 Washington legislative session
Sexually explicit images is a criminal offense under Washington law, defined by RCW 9.68A.053. Its classification is not fixed: Washington assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by RCW 9.68A.053.
What is the penalty for sexually explicit images in Washington?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 364 days (Minor dealing in depictions of another minor 13 or older engaged in sexually explicit conduct — first degree — A person under 18 knowingly distributes, publishes, transfers, disseminates, or exchanges matter depicting another minor 13 or older engaged in sexually explicit conduct as defined in RCW 9.68A.011(8)(a)-(e).; statutory maximum, county jail (RCW 9A.20.021(2)); offenses outside Title 9A carry the same default under RCW 9.92.020 unless the offense fixes its own penalty) | discretionary | RCW 9A.20.021 |
| Fine | up to $5,000 (Minor dealing in depictions of another minor 13 or older engaged in sexually explicit conduct — first degree — A person under 18 knowingly distributes, publishes, transfers, disseminates, or exchanges matter depicting another minor 13 or older engaged in sexually explicit conduct as defined in RCW 9.68A.011(8)(a)-(e).; statutory maximum, adult offenders (RCW 9A.20.021(5))) | discretionary | RCW 9A.20.021 |
| Jail / prison | up to 90 days (Minor dealing in depictions of another minor 13 or older engaged in sexually explicit conduct — second degree — A person under 18 knowingly distributes, publishes, transfers, disseminates, or exchanges matter depicting another minor 13 or older engaged in sexually explicit conduct as defined in RCW 9.68A.011(8)(f) or (g).; statutory maximum, county jail (RCW 9A.20.021(3)); offenses outside Title 9A carry the same default under RCW 9.92.030 unless the offense fixes its own penalty) | discretionary | RCW 9A.20.021 |
| Fine | up to $1,000 (Minor dealing in depictions of another minor 13 or older engaged in sexually explicit conduct — second degree — A person under 18 knowingly distributes, publishes, transfers, disseminates, or exchanges matter depicting another minor 13 or older engaged in sexually explicit conduct as defined in RCW 9.68A.011(8)(f) or (g).; statutory maximum, adult offenders (RCW 9A.20.021(5))) | discretionary | RCW 9A.20.021 |
| Jail / prison | up to 10 years (Minor dealing in depictions of another minor 12 or younger engaged in sexually explicit conduct — first degree — A person under 18 knowingly develops, duplicates, publishes, prints, disseminates, exchanges, finances, or sells, or possesses with intent to do the same, matter depicting another minor 12 or younger engaged in sexually explicit conduct under RCW 9.68A.011(8)(a)-(e).; statutory maximum (RCW 9A.20.021(1)(b)); the sentence actually imposed is set by the Sentencing Reform Act standard range (RCW 9.94A.510) from the offense's seriousness level and the defendant's offender score) | discretionary | RCW 9A.20.021 |
| Fine | up to $20,000 (Minor dealing in depictions of another minor 12 or younger engaged in sexually explicit conduct — first degree — A person under 18 knowingly develops, duplicates, publishes, prints, disseminates, exchanges, finances, or sells, or possesses with intent to do the same, matter depicting another minor 12 or younger engaged in sexually explicit conduct under RCW 9.68A.011(8)(a)-(e).; statutory maximum, adult offenders (RCW 9A.20.021(5)); unless a different maximum is specifically established by statute) | discretionary | RCW 9A.20.021 |
| Jail / prison | up to 10 years (Minor dealing in depictions of another minor 12 or younger engaged in sexually explicit conduct — second degree — A person under 18 knowingly develops, duplicates, publishes, prints, disseminates, exchanges, finances, or sells, or possesses with intent to do the same, matter depicting another minor 12 or younger engaged in sexually explicit conduct under RCW 9.68A.011(8)(f) or (g).; statutory maximum (RCW 9A.20.021(1)(b)); the sentence actually imposed is set by the Sentencing Reform Act standard range (RCW 9.94A.510) from the offense's seriousness level and the defendant's offender score) | discretionary | RCW 9A.20.021 |
| Fine | up to $20,000 (Minor dealing in depictions of another minor 12 or younger engaged in sexually explicit conduct — second degree — A person under 18 knowingly develops, duplicates, publishes, prints, disseminates, exchanges, finances, or sells, or possesses with intent to do the same, matter depicting another minor 12 or younger engaged in sexually explicit conduct under RCW 9.68A.011(8)(f) or (g).; statutory maximum, adult offenders (RCW 9A.20.021(5)); unless a different maximum is specifically established by statute) | discretionary | RCW 9A.20.021 |
| Jail / prison | up to 10 years (Minor financing or selling depictions of another minor engaged in sexually explicit conduct — A person under 18 finances, attempts to finance, or sells matter depicting a minor engaged in sexually explicit conduct under RCW 9.68A.011(8)(a)-(g).; statutory maximum (RCW 9A.20.021(1)(b)); the sentence actually imposed is set by the Sentencing Reform Act standard range (RCW 9.94A.510) from the offense's seriousness level and the defendant's offender score) | discretionary | RCW 9A.20.021 |
| Fine | up to $20,000 (Minor financing or selling depictions of another minor engaged in sexually explicit conduct — A person under 18 finances, attempts to finance, or sells matter depicting a minor engaged in sexually explicit conduct under RCW 9.68A.011(8)(a)-(g).; statutory maximum, adult offenders (RCW 9A.20.021(5)); unless a different maximum is specifically established by statute) | discretionary | RCW 9A.20.021 |
| Jail / prison | up to 90 days (Minor selling depictions of himself or herself engaged in sexually explicit conduct — A person under 18 sells matter depicting himself or herself engaged in sexually explicit conduct under RCW 9.68A.011(8)(a)-(g).; statutory maximum, county jail (RCW 9A.20.021(3)); offenses outside Title 9A carry the same default under RCW 9.92.030 unless the offense fixes its own penalty) | discretionary | RCW 9A.20.021 |
| Fine | up to $1,000 (Minor selling depictions of himself or herself engaged in sexually explicit conduct — A person under 18 sells matter depicting himself or herself engaged in sexually explicit conduct under RCW 9.68A.011(8)(a)-(g).; statutory maximum, adult offenders (RCW 9A.20.021(5))) | discretionary | RCW 9A.20.021 |
Applies to current.
How is sexually explicit images classified in Washington?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Minor dealing in depictions of another minor 13 or older engaged in sexually explicit conduct — first degree | Gross Misdemeanor | A person under 18 knowingly distributes, publishes, transfers, disseminates, or exchanges matter depicting another minor 13 or older engaged in sexually explicit conduct as defined in RCW 9.68A.011(8)(a)-(e). | RCW 9.68A.053(1)(a) |
| Minor dealing in depictions of another minor 13 or older engaged in sexually explicit conduct — second degree | Misdemeanor | A person under 18 knowingly distributes, publishes, transfers, disseminates, or exchanges matter depicting another minor 13 or older engaged in sexually explicit conduct as defined in RCW 9.68A.011(8)(f) or (g). | RCW 9.68A.053(1)(b) |
| Minor dealing in depictions of another minor 12 or younger engaged in sexually explicit conduct — first degree | Class B Felony | A person under 18 knowingly develops, duplicates, publishes, prints, disseminates, exchanges, finances, or sells, or possesses with intent to do the same, matter depicting another minor 12 or younger engaged in sexually explicit conduct under RCW 9.68A.011(8)(a)-(e). | RCW 9.68A.053(2)(b) |
| Minor dealing in depictions of another minor 12 or younger engaged in sexually explicit conduct — second degree | Class B Felony | A person under 18 knowingly develops, duplicates, publishes, prints, disseminates, exchanges, finances, or sells, or possesses with intent to do the same, matter depicting another minor 12 or younger engaged in sexually explicit conduct under RCW 9.68A.011(8)(f) or (g). | RCW 9.68A.053(3)(b) |
| Minor financing or selling depictions of another minor engaged in sexually explicit conduct | Class B Felony | A person under 18 finances, attempts to finance, or sells matter depicting a minor engaged in sexually explicit conduct under RCW 9.68A.011(8)(a)-(g). | RCW 9.68A.053(4)(b) |
| Minor selling depictions of himself or herself engaged in sexually explicit conduct | Misdemeanor | A person under 18 sells matter depicting himself or herself engaged in sexually explicit conduct under RCW 9.68A.011(8)(a)-(g). | RCW 9.68A.053(5)(b) |
Common questions about sexually explicit images in Washington
Is sexually explicit images a felony or a misdemeanor in Washington?
It depends on the circumstances: sexually explicit images ranges from a Misdemeanor to a Class B Felony in Washington under RCW 9.68A.053.
Minor dealing in depictions of another minor 13 or older engaged in sexually explicit conduct — first degree: Gross Misdemeanor (RCW 9.68A.053(1)(a)) · Minor dealing in depictions of another minor 13 or older engaged in sexually explicit conduct — second degree: Misdemeanor (RCW 9.68A.053(1)(b)) · Minor dealing in depictions of another minor 12 or younger engaged in sexually explicit conduct — first degree: Class B Felony (RCW 9.68A.053(2)(b)) · Minor dealing in depictions of another minor 12 or younger engaged in sexually explicit conduct — second degree: Class B Felony (RCW 9.68A.053(3)(b)) · Minor financing or selling depictions of another minor engaged in sexually explicit conduct: Class B Felony (RCW 9.68A.053(4)(b)) · Minor selling depictions of himself or herself engaged in sexually explicit conduct: Misdemeanor (RCW 9.68A.053(5)(b))
What are the penalties for sexually explicit images in Washington?
Penalties for sexually explicit images in Washington depend on how it is classified — from a Misdemeanor up to a Class B Felony — with the ranges set by RCW 9A.20.021; the full table of ranges by variant is published on this page.
Which Washington statute covers sexually explicit images?
Sexually explicit images is governed by RCW 9.68A.053 (Sexually explicit images—Crimes by minors—Penalties).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.