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82 Wash. App. 435

918 P.2d 183

State v. Myers

Court of Appeals of Washington

Decided June 28, 1996

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Court of Appeals of Washington · decided 1996-06-28

Cited by 10 later decisions — most recently May 2008

10 state decisions

Key passage — most relied on by later courts

“[e]xhibition of the genitals . . . for the purpose of sexual stimulation of the viewer,”

quoted by 1 later decision, including State v. Whipple

Applies WA 9 § 9.68A.040

Relies on 62 Wash. App. 462 - State v. Bohannon

Good law ✅— No negative treatment on recordhow we know

Decided 1996-06-28

View the full empirical analysis of this case →

Turner, J.

¶1(concurring) — I concur in the result. To the extent that the majority requires that a defendant pose the victim or intend to alter her behavior in order to support a conviction under RCW 9.68A.040(l)(b), I disagree. A minor can be invited or caused to engage in an exhibition of genitals for the purpose of a viewer’s sexual stimulation without any posing of the child or altering of her behavior on the part of a defendant.

¶2Exhibition means "an act or instance of showing.” Websters Third New International Dictionary 796 (1968). The definition of "invite” includes "to provide opportunity or occasion for: increase the likelihood of: open the way to.” Id. at 1190. By filming his daughter’s genitals for his later viewing and sexual stimulation, Myers caused, or at least invited, his daughter’s "exhibition.” This court said in State v. Bohannon, 62 Wn. App. 462, 472, 814 P.2d 694 (1991) that "an individual could take sexually explicit photographs of a child at a time when the child was unaware that the pictures were being taken. Under those circumstances, the photographer could still be found guilty of sexual exploitation of a minor . . . if he were to use . . . the photographs 'for the purpose of sexual stimulation of the viewer.’ ”

¶3Review granted at 130 Wn.2d 1016 (1996).

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