The bill amends Washington state law to address the issue of fabricated intimate or sexually explicit images, particularly those involving minors. It introduces key definitions, such as "fabricated depiction of an identifiable minor," which refers to digitally created or altered images depicting minors in sexually explicit conduct that they did not engage in. The legislation stipulates that minors who possess such depictions forfeit their right to keep them and clarifies that the state does not need to establish the identity of the alleged victim in prosecutions involving fabricated depictions unless the offense specifically pertains to a fabricated depiction.
Additionally, the bill criminalizes the disclosure of fabricated intimate images, establishing penalties as a gross misdemeanor for first offenses and a class C felony for subsequent offenses. It outlines the responsibilities of individuals and entities regarding the disclosure of intimate images, stating that individuals under eighteen are not guilty of disclosing such images unless done intentionally and maliciously. The bill also expands the definition of "intimate images" to include fabricated images and clarifies that consent for creation does not imply consent for disclosure. It provides legal recourse for victims of unauthorized disclosures, including guidelines for damages and a statute of limitations that begins when minors reach the age of majority.
Statutes affected: Original Bill: 9.68A.011, 9.68A.055, 9.68A.080, 9.68A.107, 9.68A.200, 9.68A.120, 9.68A.170, 9.68A.180, 9.68A.190, 9A.86.010, 9A.86.020, 7.110.010, 7.110.020, 7.110.030, 7.110.050, 7.110.060
Substitute Bill: 9.68A.011, 9.68A.055, 9.68A.110, 9.68A.170, 9.68A.180, 9.68A.190, 9A.86.010, 9A.86.020, 7.110.010, 7.110.020, 7.110.030, 7.110.050, 7.110.060
Bill as Passed Legislature: 9.68A.011, 9.68A.055, 9.68A.110, 9.68A.170, 9.68A.180, 9.68A.190, 9A.86.010, 9A.86.020, 7.110.010, 7.110.020, 7.110.030, 7.110.050, 7.110.060
Session Law: 9.68A.011, 9.68A.055, 9.68A.110, 9.68A.170, 9.68A.180, 9.68A.190, 9A.86.010, 9A.86.020, 7.110.010, 7.110.020, 7.110.030, 7.110.050, 7.110.060