person’s vehicle if (a) the motor vehicle was used in
the commission of the crime; and (b) the person
arrested is the owner of the vehicle or the vehicle is a
rental car . . . . 271
Assets related to commercial sexual abuse of a minor, promoting
sexual abuse of a minor, or promoting prostitution in the first degree,
are subject to “seizure and forfeiture and no property rights exist in
them.” 272 Under Washington law, the following property is subject to
seizure and forfeiture: (1) all conveyances; (2) “any property,
contractual right, or claim against property”; (3) all proceeds
traceable or derived from violation of the aforementioned
Washington statutes; (4) “all books, records, research products and
materials”; (5) “all moneys, negotiable instruments, securities, or
other tangible or intangible property of value . . .”; and (6) “all real
property, including any right, title, and interest in the whole of any
lot or tract of land . . . .” 273 The real or personal property subject to
forfeiture under this statutory section “may be seized by any law
enforcement officer of this state . . . [s]eizure of real property shall
include the filing of a lis pendens by the seizing agency.” 274
Washington also provides child victims with a civil remedy.
Under the Washington statute, children victims may personally file
an action for a civil remedy if they have sustained any harm to
themselves or their property as a result of minor sex trafficking as
defined under state statute. 275 Once liability is determined, the court
may order the payment of actual damages sustained by victims, order
forfeiture as restitution, or order “payment to the state general fund or
anti-profiteering revolving fund . . . of an amount equal to the gain a
person has acquired or maintained through an offense included in the
definition of criminal profiteering.” 276 The civil proceeding must be
“commenced within three years after discovery of the pattern of
271 WASH. REV. CODE ANN. § 9A.88.140(2) (West 2013).
272 WASH. REV. CODE ANN. § 9A.88.150(1)(a) (West 2013).
273 WASH. REV. CODE ANN. § 9A.88.150(1)(b)-(g).
274 WASH. REV. CODE ANN. § 9A.88.150(2).
275 WASH. REV. CODE ANN. § 9A.82.100(1)(a) (West 2013).
276 WASH. REV. CODE ANN. § 9A.82.100(4)(d), (f), (g).
