The following are subject to seizure and forfeiture:

1. (1) All visual or printed matter that depicts a minor engaged in sexually explicit conduct.

2. (2) All raw materials, equipment, and other tangible personal property of any kind used or intended to be used to manufacture or process any visual or printed matter that depicts a minor engaged in sexually explicit conduct, and all conveyances, including aircraft, vehicles, or vessels that are used or intended for use to transport, or in any manner to facilitate the transportation of, visual or printed matter in violation of RCW 9.68A.050 or 9.68A.060, but:

   1. (a) No conveyance used by any person as a common carrier in the transaction of business as a common carrier is subject to forfeiture under this section unless it appears that the owner or other person in charge of the conveyance is a consenting party or privy to a violation of this chapter;
   2. (b) No property is subject to forfeiture under this section by reason of any act or omission committed or omitted without the owner's knowledge or consent;
   3. (c) A forfeiture of property encumbered by a bona fide security interest is subject to the interest of the secured party if the secured party neither had knowledge of nor consented to the act or omission; and
   4. (d) When the owner of a conveyance has been arrested under this chapter the conveyance may not be subject to forfeiture unless it is seized or process is issued for its seizure within ten days of the owner's arrest.
3. (3) All personal property, moneys, negotiable instruments, securities, or other tangible or intangible property furnished or intended to be furnished by any person in exchange for visual or printed matter depicting a minor engaged in sexually explicit conduct, or constituting proceeds traceable to any violation of this chapter.

4. (4) Property subject to forfeiture under this chapter may be seized by any law enforcement officer of this state upon process issued by any superior court having jurisdiction over the property. Seizure without process may be made if:

   1. (a) The seizure is incident to an arrest or a search under a search warrant or an inspection under an administrative inspection warrant;
   2. (b) The property subject to seizure has been the subject of a prior judgment in favor of the state in a criminal injunction or forfeiture proceeding based upon this chapter;
   3. (c) A law enforcement officer has probable cause to believe that the property is directly or indirectly dangerous to health or safety; or
   4. (d) The law enforcement officer has probable cause to believe that the property was used or is intended to be used in violation of this chapter.
5. (5) In the event of seizure under subsection (4) of this section, proceedings for forfeiture are governed by chapter 7.120 RCW.

[ 2025 c 306 s 6; 2022 c 162 s 4; 2014 c 188 s 3; 2009 c 479 s 12; 1999 c 143 s 8; 1984 c 262 s 11.]

Notes:

Application—Effective date—2025 c 306: See notes following RCW 7.120.010.

Effective date—2022 c 162: See note following RCW 69.50.505.

Effective date—2009 c 479: See note following RCW 2.56.030.