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STATE v. GRAY

No. 93609-9.

402 P.3d 254 (2017)

STATE of Washington, Respondent, v. Eric D. GRAY, Petitioner.

Supreme Court of Washington.

Filed September 14, 2017.

Attorney(s) appearing for the Case

Kathleen A. Shea Washington Appellate Project 1511 3rd Ave., Ste. 701 Seattle, WA, 98101-3647, for Petitioner.

Gretchen Eileen Verhoef , Spokane County Prosecutor's Office, 1100 W. Mallon Ave., Spokane, WA, 99260-0270, for Respondent.

Steven Walter Fogg , Kelly H. Sheridan , Corr Cronin Michelson Baumgardner Fogg & Moore LLP, 1001 4th Ave., Ste. 3900, Seattle, WA, 98154-1051, Nancy Lynn Talner , Attorney at Law, 901 5th Ave., Ste. 630, Seattle, WA, 98164-2008, Vanessa Torres Hernandez , ACLU of Washington, 901 5th Ave., Ste. 630, Seattle, WA, 98164-2086, as Amicus Curiae on behalf of American Civil Liberties Union of Washington.

Marsha L. Levick , Juvenile Law Center, 1315 Walnut Street, Suite 400, 4th Floor, Philadelphia, PA, 19107, as Amicus Curiae on behalf of Juvenile Law Center.

Nicholas Brian Allen , Attorney at Law, 101 Yesler Way, Ste. 300, Seattle, WA, 98104-2528, as Amicus Curiae on behalf of Columbia Legal Services.

Sara Anne Zier , Bonnie Alison Linville , TeamChild, 715 Tacoma Ave. S., Tacoma, WA, 98402-2206, as Amicus Curiae on behalf of TeamChild.

¶ 1 When he was 17 years old, Eric D. Gray electronically sent an unsolicited picture of his erect penis to an adult woman. The woman contacted the police, and Gray was charged with and convicted of one count of second degree dealing in depictions of a minor engaged in sexually explicit conduct under RCW 9.68A.050. He appealed, claiming...

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