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1 ORDINANCE NO. 1716-90 <br /> 2 <br /> 3 AN ORDINANCE relating to possession of visual or printed material <br /> depicting a minor engaged in sexually explicit conduct, <br /> 4 repealing Section 102 of Ordinance No. 1145-85 (EMC <br /> 10.32.020) , and amending Section 105 of Ordinance No. <br /> 5 1145-89 as amended by Section 2 of Ordinance No. 1632-89 <br /> (EMC 10.32.050) . <br /> 6 <br /> 7 <br /> WHEREAS, the 1990 Washington State legislature increased the penalty <br /> 8 <br /> for the crime of Possession of Depictions of Minors Engaged in Sexually <br /> 9 <br /> Explicit Conduct (Possession of Child Pornography) from being a gross <br /> 10 <br /> misdemeanor to a Class C felony; and <br /> 11 <br /> WHEREAS, the corresponding City of Everett crime of Possession of <br /> 12 <br /> Depictions of Minors Engaged in Sexually Explicit Conduct is now in conflict <br /> 13 <br /> with State law; and <br /> 14 <br /> WHEREAS, it is desirable to repeal laws that are in conflict with State <br /> 15 <br /> law; <br /> 16 <br /> NOW, THEREFORE, THE CITY OF EVERETT DOES ORDAIN: <br /> 17 <br /> Section 1 : Repealer. Section 102 of Ordinance No. 1145-85 (EMC <br /> 18 <br /> 10.32.020) is hereby repealed. <br /> 19 <br /> Section 2: Section 105 of Ordinance No. 1145-85, as amended by Section <br /> 20 <br /> 2 or Ordinance No. 1632-89 (EMC 10.32.050) , which reads as follows: <br /> 21 <br /> 22 Certain Defenses Barred, Permitted <br /> 23 A. Law enforcement and prosecution agencies shall not employ <br /> minors to aid in the investigation of a violation of EMC <br /> 24 10.32.040. This chapter does not apply to individual case <br /> treatment in a recognized medical facility or individual <br /> 25 case treatment by a psychiatrist or psychologist licensed <br /> under Title 18 RCW, or to lawful conduct between spouses. <br /> 26 <br /> B. In a prosecution under EMC 10.32.020 or 10.32.030, it is <br /> 27 not a defense that the defendant did not know the age of <br /> the child depicted in the visual or printed matter; <br /> 28 Provided, that it is a defense, which the defendant must <br /> prove by a preponderance of the evidence, that at the time <br /> 29 of the offense the defendant was not in possession of any <br /> facts on the basis of which he or she should reasonably <br /> 30 have known that the person depicted was a minor. <br /> 31 C. In a prosecution under EMC 10.32.040, it is not a defense <br /> that the defendant did not know the alleged victim's age; <br /> 32 <br />