STATE v. WHIPPLE

No. 35523-0-II.

183 P.3d 1105 (2008)

STATE of Washington, Respondent, v. Rex Edson WHIPPLE, Appellant.

Court of Appeals of Washington, Division 2.

May 20, 2008.


Attorney(s) appearing for the Case

Alton B. Mcfadden II, Olsen & McFadden Inc., PS, Bainbridge Island, WA, for Appellant.

Juelanne B. Dalzell, Attorney at Law, Prosecuting Attorney, Port Townsend, WA, for Respondent.


BRIDGEWATER, J.

¶ 1 Rex Edson Whipple appeals his conviction of nine counts of possessing depictions of a minor engaged in sexually explicit conduct for possessing photographs of a minor, naked female. We hold that when the evidence does not demonstrate that the defendant aided, invited, employed, authorized, or caused the photographed minor to become naked, there is insufficient evidence to establish the minor victim engaged in sexually explicit conduct. We...

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