S-3824.1
SENATE BILL 5962
State of Washington 68th Legislature 2024 Regular Session
By Senators Mullet, Braun, Dhingra, Pedersen, and Warnick
Prefiled 01/04/24. Read first time 01/08/24. Referred to Committee
on Law & Justice.
1 AN ACT Relating to fabricated intimate or sexually explicit
2 images and depictions; amending RCW 9.68A.011, 9.68A.055, 9.68A.080,
3 9.68A.107, 9.68A.110, 9.68A.120, 9.68A.170, 9.68A.180, 9.68A.190,
4 9A.86.010, 9A.86.020, 7.110.010, 7.110.020, 7.110.030, 7.110.050, and
5 7.110.060; reenacting and amending RCW 9.94A.515; adding new sections
6 to chapter 9.68A RCW; adding a new section to chapter 9A.86 RCW;
7 adding a new section to chapter 7.110 RCW; and prescribing penalties.
8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
9 Sec. 1. RCW 9.68A.011 and 2010 c 227 s 3 are each amended to
10 read as follows:
11 Unless the context clearly indicates otherwise, the definitions
12 in this section apply throughout this chapter.
13 (1) An "internet session" means a period of time during which an
14 internet user, using a specific internet protocol address, visits or
15 is logged into an internet site for an uninterrupted period of time.
16 (2) To "photograph" means to make a print, negative, slide,
17 digital image, motion picture, or videotape. A "photograph" means
18 anything tangible or intangible produced by photographing.
19 (3) "Visual or printed matter" means any photograph or other
20 material that contains a reproduction of a photograph.
21 (4) "Sexually explicit conduct" means actual or simulated:
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 1 (a) Sexual intercourse, including genital-genital, oral-genital,
2 anal-genital, or oral-anal, whether between persons of the same or
3 opposite sex or between humans and animals;
4 (b) Penetration of the vagina or rectum by any object;
5 (c) Masturbation;
6 (d) Sadomasochistic abuse;
7 (e) Defecation or urination for the purpose of sexual stimulation
8 of the viewer;
9 (f) Depiction of the genitals or unclothed pubic or rectal areas
10 of any minor, or the unclothed breast of a female minor, for the
11 purpose of sexual stimulation of the viewer. For the purposes of this
12 subsection (4)(f), it is not necessary that the minor know that he or
13 she is participating in the described conduct, or any aspect of it;
14 and
15 (g) Touching of a person's clothed or unclothed genitals, pubic
16 area, buttocks, or breast area for the purpose of sexual stimulation
17 of the viewer.
18 (5) "Minor" means any person under eighteen years of age.
19 (6) "Live performance" means any play, show, skit, dance, or
20 other exhibition performed or presented to or before an audience of
21 one or more, with or without consideration.
22 (7) "Fabricated depiction of a minor" and "fabricated depiction"
23 mean any visual or printed matter that depicts a minor who is
24 identifiable from the matter itself or from information displayed
25 with or otherwise connected to the matter, and that was created or
26 altered by digitization to depict the minor engaging in sexually
27 explicit conduct in which the minor did not actually engage.
28 (8) "Digitization" means creating or altering any visual or
29 printed matter depicting a minor in a realistic manner utilizing
30 images of another person or computer-generated images, regardless of
31 whether such creation or alteration is accomplished manually or
32 through an automated process. "Digitization" includes, but is not
33 limited to, creation or alteration of any visual or printed matter by
34 using artificial intelligence software.
35 NEW SECTION. Sec. 2. A new section is added to chapter 9.68A
36 RCW to read as follows:
37 (1)(a) A person 18 years of age or older commits the crime of
38 dealing in fabricated depictions of a minor engaged in sexually
39 explicit conduct in the first degree when he or she:
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 1 (i) Knowingly develops, duplicates, publishes, prints,
2 disseminates, exchanges, finances, attempts to finance, or sells a
3 fabricated depiction of a minor engaged in an act of sexually
4 explicit conduct as defined in RCW 9.68A.011(4) (a) through (e); or
5 (ii) Possesses with intent to develop, duplicate, publish, print,
6 disseminate, exchange, or sell any fabricated depiction of a minor
7 engaged in an act of sexually explicit conduct as defined in RCW
8 9.68A.011(4) (a) through (e).
9 (b) Dealing in fabricated depictions of a minor engaged in
10 sexually explicit conduct in the first degree is a class B felony
11 punishable under chapter 9A.20 RCW.
12 (c) For the purposes of determining the unit of prosecution under
13 this subsection, each depiction or image of visual or printed matter
14 constitutes a separate offense.
15 (2)(a) A person 18 years of age or older commits the crime of
16 dealing in fabricated depictions of a minor engaged in sexually
17 explicit conduct in the second degree when he or she:
18 (i) Knowingly develops, duplicates, publishes, prints,
19 disseminates, exchanges, finances, attempts to finance, or sells any
20 fabricated depiction of a minor engaged in an act of sexually
21 explicit conduct as defined in RCW 9.68A.011(4) (f) or (g); or
22 (ii) Possesses with intent to develop, duplicate, publish, print,
23 disseminate, exchange, or sell any fabricated depiction of a minor
24 engaged in an act of sexually explicit conduct as defined in RCW
25 9.68A.011(4) (f) or (g).
26 (b) Dealing in fabricated depictions of a minor engaged in
27 sexually explicit conduct in the second degree is a class B felony
28 punishable under chapter 9A.20 RCW.
29 (c) For the purposes of determining the unit of prosecution under
30 this subsection, each incident of dealing in one or more depictions
31 or images of visual or printed matter constitutes a separate offense.
32 NEW SECTION. Sec. 3. A new section is added to chapter 9.68A
33 RCW to read as follows:
34 (1)(a)(i) A person under the age of 18 commits the crime of a
35 minor dealing in fabricated depictions of another minor 13 years of
36 age or older engaged in sexually explicit conduct in the first degree
37 when he or she knowingly distributes, publishes, transfers,
38 disseminates, or exchanges a fabricated depiction of another minor 13
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 1 years of age or older engaged in an act of sexually explicit conduct
2 as defined in RCW 9.68A.011(4) (a) through (e).
3 (ii) Minor dealing in fabricated depictions of another minor 13
4 years of age or older engaged in sexually explicit conduct in the
5 first degree is a gross misdemeanor.
6 (b)(i) A person under the age of 18 commits the crime of a minor
7 dealing in fabricated depictions of another minor 13 years of age or
8 older engaged in sexually explicit conduct in the second degree when
9 he or she knowingly distributes, publishes, transfers, disseminates,
10 or exchanges a fabricated depiction of another minor 13 years of age
11 or older engaged in an act of sexually explicit conduct as defined in
12 RCW 9.68A.011(4) (f) or (g).
13 (ii) Minor dealing in fabricated depictions of another minor 13
14 years of age or older engaged in sexually explicit conduct in the
15 second degree is a misdemeanor.
16 (2)(a) A person under age 18 commits the crime of minor dealing
17 in fabricated depictions of another minor 12 years of age or younger
18 engaged in sexually explicit conduct in the first degree when he or
19 she:
20 (i) Knowingly develops, duplicates, publishes, prints,
21 disseminates, exchanges, finances, attempts to finance, or sells a
22 fabricated depiction of another minor 12 years of age or younger
23 engaged in an act of sexually explicit conduct as defined in RCW
24 9.68A.011(4) (a) through (e); or
25 (ii) Possesses with intent to develop, duplicate, publish, print,
26 disseminate, exchange, or sell any fabricated depiction of another
27 minor 12 years of age or younger engaged in an act of sexually
28 explicit conduct as defined in RCW 9.68A.011(4) (a) through (e).
29 (b) Minor dealing in fabricated depictions of another minor 12
30 years of age or younger engaged in sexually explicit conduct in the
31 first degree is a class B felony punishable under chapter 9A.20 RCW.
32 (3)(a) A person under age 18 commits the crime of minor dealing
33 in fabricated depictions of another minor 12 years of age or younger
34 engaged in sexually explicit conduct in the second degree when he or
35 she:
36 (i) Knowingly develops, duplicates, publishes, prints,
37 disseminates, exchanges, finances, attempts to finance, or sells any
38 fabricated depiction of another minor 12 years of age or younger
39 engaged in an act of sexually explicit conduct as defined in RCW
40 9.68A.011(4) (f) or (g); or
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 1 (ii) Possesses with intent to develop, duplicate, publish, print,
2 disseminate, exchange, or sell any fabricated depiction of another
3 minor 12 years of age or younger engaged in an act of sexually
4 explicit conduct as defined in RCW 9.68A.011(4) (f) or (g).
5 (b) Minor dealing in fabricated depictions of a minor 12 years of
6 age or younger engaged in sexually explicit conduct in the second
7 degree is a class B felony punishable under chapter 9A.20 RCW.
8 (4)(a) Any person under the age of 18 commits the crime of minor
9 financing or selling fabricated depictions of another minor engaged
10 in sexually explicit conduct when he or she finances, attempts to
11 finance, or sells a fabricated depiction of another minor engaged in
12 an act of sexually explicit conduct as defined in RCW 9.68A.011(4)
13 (a) through (g).
14 (b) Minor financing or selling fabricated depictions of another
15 minor engaged in sexually explicit conduct is a class B felony
16 punishable under chapter 9A.20 RCW.
17 (5)(a) A person under the age of 18 commits the crime of minor
18 selling fabricated depictions of himself or herself engaged in
19 sexually explicit conduct when he or she sells a fabricated depiction
20 of himself or herself engaged in an act of sexually explicit conduct
21 as defined in RCW 9.68A.011(4) (a) through (g).
22 (b) Minor selling fabricated depictions of himself or herself
23 engaged in sexually explicit conduct is a misdemeanor.
24 (6) This section does not apply to a person under 18 years of age
25 who finances, attempts to finance, develops, duplicates, publishes,
26 prints, disseminates, exchanges, or possesses a fabricated depiction
27 of himself or herself engaged in an act of sexually explicit conduct
28 as defined in RCW 9.68A.011(4).
29 (7) For the purposes of determining the unit of prosecution under
30 this section, each depiction or image of visual or printed matter
31 constitutes a separate offense.
32 NEW SECTION. Sec. 4. A new section is added to chapter 9.68A
33 RCW to read as follows:
34 (1)(a) Except as provided in subsections (3) and (4) of this
35 section, a person commits the crime of sending or bringing into the
36 state fabricated depictions of a minor engaged in sexually explicit
37 conduct in the first degree when he or she knowingly sends or causes
38 to be sent, or brings or causes to be brought, into this state for
39 sale or distribution, a fabricated depiction of a minor engaged in
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 1 sexually explicit conduct as defined in RCW 9.68A.011(4) (a) through
2 (e).
3 (b) Sending or bringing into the state fabricated depictions of a
4 minor engaged in sexually explicit conduct in the first degree is a
5 class B felony punishable under chapter 9A.20 RCW.
6 (c) For the purposes of determining the unit of prosecution under
7 this subsection, each depiction or image of visual or printed matter
8 constitutes a separate offense.
9 (2)(a) Except as provided in subsections (3) and (4) of this
10 section, a person commits the crime of sending or bringing into the
11 state fabricated depictions of a minor engaged in sexually explicit
12 conduct in the second degree when he or she knowingly sends or causes
13 to be sent, or brings or causes to be brought, into this state for
14 sale or distribution, any fabricated depiction of a minor engaged in
15 sexually explicit conduct as defined in RCW 9.68A.011(4) (f) or (g).
16 (b) Sending or bringing into the state fabricated depictions of a
17 minor engaged in sexually explicit conduct in the second degree is a
18 class B felony punishable under chapter 9A.20 RCW.
19 (c) For the purposes of determining the unit of prosecution under
20 this subsection, each incident of sending or bringing into the state
21 one or more depictions or images of visual or printed matter
22 constitutes a separate offense.
23 (3) This section does not apply to a minor who knowingly sends or
24 causes to be sent, or brings or causes to be brought, into this state
25 for distribution, fabricated depictions of any minor 13 years of age
26 or older engaged in sexually explicit conduct.
27 (4) This section does not apply to a person under 13 years of age
28 who knowingly sends or causes to be sent, or brings or causes to be
29 brought, into this state for distribution, fabricated depictions of
30 himself or herself engaged in sexually explicit conduct.
31 NEW SECTION. Sec. 5. A new section is added to chapter 9.68A
32 RCW to read as follows:
33 (1)(a) Except as provided in subsections (3) and (4) of this
34 section, a person commits the crime of possession of fabricated
35 depictions of a minor engaged in sexually explicit conduct in the
36 first degree when he or she knowingly possesses a fabricated
37 depiction of a minor engaged in sexually explicit conduct as defined
38 in RCW 9.68A.011(4) (a) through (e).
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 1 (b) Possession of fabricated depictions of a minor engaged in
2 sexually explicit conduct in the first degree is a class B felony
3 punishable under chapter 9A.20 RCW.
4 (c) For the purposes of determining the unit of prosecution under
5 this subsection, each depiction or image of visual or printed matter
6 constitutes a separate offense.
7 (2)(a) Except as provided in subsections (3) and (4) of this
8 section, a person commits the crime of possession of fabricated
9 depictions of a minor engaged in sexually explicit conduct in the
10 second degree when he or she knowingly possesses any fabricated
11 depiction of a minor engaged in sexually explicit conduct as defined
12 in RCW 9.68A.011(4) (f) or (g).
13 (b) Possession of fabricated depictions of a minor engaged in
14 sexually explicit conduct in the second degree is a class B felony
15 punishable under chapter 9A.20 RCW.
16 (c) For the purposes of determining the unit of prosecution under
17 this subsection, each incident of possession of one or more
18 depictions or images of visual or printed matter constitutes a
19 separate offense.
20 (3) This section does not apply to a minor's possession of
21 fabricated depictions of any minor 13 years of age or older engaged
22 in sexually explicit conduct.
23 (4) This section does not apply to a person under 13 years of age
24 in possession of fabricated depictions of himself or herself engaged
25 in sexually explicit conduct.
26 NEW SECTION. Sec. 6. A new section is added to chapter 9.68A
27 RCW to read as follows:
28 (1) Except as provided in subsections (5) and (6) of this
29 section, a person who intentionally views over the internet
30 fabricated depictions of a minor engaged in sexually explicit conduct
31 as defined in RCW 9.68A.011(4) (a) through (e) is guilty of viewing
32 fabricated depictions of a minor engaged in sexually explicit conduct
33 in the first degree, a class B felony punishable under chapter 9A.20
34 RCW.
35 (2) Except as provided in subsections (5) and (6) of this
36 section, a person who intentionally views over the internet visual or
37 printed matter depicting a minor engaged in sexually explicit conduct
38 as defined in RCW 9.68A.011(4) (f) or (g) is guilty of viewing
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 1 depictions of a minor engaged in sexually explicit conduct in the
2 second degree, a class C felony punishable under chapter 9A.20 RCW.
3 (3) For the purposes of determining whether a person
4 intentionally viewed over the internet a fabricated depiction of a
5 minor engaged in sexually explicit conduct in subsection (1) or (2)
6 of this section, the trier of fact shall consider the title, text,
7 and content of the visual or printed matter, as well as the internet
8 history, search terms, thumbnail images, downloading activity, expert
9 computer forensic testimony, number of fabricated depictions of
10 minors engaged in sexually explicit conduct, defendant's access to
11 and control over the electronic device and its contents upon which
12 the visual or printed matter was found, or any other relevant
13 evidence. The state must prove beyond a reasonable doubt that the
14 viewing was initiated by the user of the computer where the viewing
15 occurred.
16 (4) For the purposes of this section, each sepa