State v. Chester

— The issue in this appeal is whether the law which criminalizes the sexual exploitation of minors, RCW 9.68A, prohibited the Defendant from secretly videotaping his teenage stepdaughter, without the stepdaughter’s knowledge, while the minor was nude and partially nude.

Statutes are construed as written. RCW 9.68A.040, as written, does not prohibit the conduct involved in this case.

FACTS

Defendant Gary Chester was convicted of sexual exploitation of a minor based on his secret filming of his 14-year-old stepdaughter, while the stepdaughter was in her bedroom dressing for school.

On the morning…