(dissenting) — This sort of exploitation of innocence is exactly what the statute was designed to punish. The legislature found in RCW 9.68A.001 "that the prevention of sexual exploitation and abuse of children constitutes a government objective of surpassing importance. The care of children is a sacred trust and should not be abused by those who seek . . . personal gratification based on the exploitation of children.” "An act should be construed to effect its purpose.” State v. Richardson, 81 Wn.2d 111, 117, 499 P.2d 1264 (1972).
Chester breached his duty of care and violated the trust of his stepdaughter for personal gratification based on sexual exploitation of the child. His conviction should be affirmed if:
(1) he invited, caused or permitted his minor stepdaughter to engage in the exhibition,
*434(2) for the purpose of his (the viewer’s) sexual stimulation.
"Exhibition” means "an act or instance of showing.” Webster’s Third New International Dictionary 796 (1968). But for Chester’s activity in placing the camera, his step-daughter’s actions would have been private. Chester caused, permitted or invited his step-daughter’s private nudity to become an exhibition.
This court said in State v. Bohannan, 62 Wn. App. 462, 469, 814 P.2d 694 (1991) that "any person of common understanding would know that causing photographs to be taken of a nude 16-year-old girl would fall within the proscription of RCW 9.68A.040(l)(b) and .011(3)(e)”.
The Bohannan court went on to say "an individual could take sexually explicit photographs of a child at a time when the child was unaware that the pictures were being taken. Under those circumstances, the photographer could still be found guilty of sexual exploitation of a minor . . . if he were to use . . . the photographs 'for the purpose of sexual stimulation of the viewer.’ ” Bohannan, 62 Wn. App. at 472.
As shown by Bohannan and a common-sense reading of the statute, sexual purpose on the part of the victim is not required. Younger children, especially, would be incapable of sexual intent or purpose. The perpetrator can cause, invite or permit innocent nudity to become an exhibition for the purpose of his or another viewer’s sexual stimulation. Nor does the statute require that the perpetrator actively pose the victim or otherwise initiate the underlying behavior. He need only to cause or invite exhibition of the behavior.
In the case of a parent or guardian, having an affirmative duty to protect the child, he need only "permit” the exploitation to occur.
That the victim’s purpose was innocent has no bearing on Chester’s guilt under the plain meaning of this statute. Nevertheless, nude photography of a minor is not, in and of itself, criminal. The statute requires that it be "for the *435purpose of sexual stimulation.” The jury specifically found that Chester committed the crime with sexual motivation. Substantial evidence was presented on the issue of sexual purpose to support the jury’s verdict.
This statute prohibits neither nude photography of a minor nor sexual peeping alone. Both elements are present here, however. Chester set the stage for innocent nudity to become an exhibition for the purpose of his sexual stimulation. The jury’s verdict should stand.
Review granted at 130 Wn.2d 1016 (1996).