A. Law enforcement and prosecution agencies shall not employ minors to aid in the investigation of a violation of Section 10.32.040. This chapter does not apply to individual case treatment in a recognized medical facility or individual case treatment by a psychiatrist or psychologist licensed under RCW Title 18, or to lawful conduct between spouses.

B. In a prosecution under Section 10.32.030, it is not a defense that the defendant did not know the age of the child depicted in the visual or printed matter; provided, that it is a defense, which the defendant must prove by a preponderance of the evidence, that at the time of the offense the defendant was not in possession of any facts on the basis of which he or she should reasonably have known that the person depicted was a minor.

C. In a prosecution under Section 10.32.040, it is not a defense that the defendant did not know the alleged victim’s age; provided, that it is a defense, which the defendant must prove by preponderance of the evidence, that at the time of the offense, the defendant reasonably believed the alleged victim to be at least eighteen years of age based on declarations of the alleged victim.

D. In a prosecution under Section 10.32.030, the city is not required to establish the identity of the alleged victim. (Ord. 1716-90 § 2, 1990; Ord. 1632-89 § 2, 1989; Ord. 1145-85 § 105, 1985.)