CERTIFICATION OF ENROLLMENT
SECOND SUBSTITUTE SENATE BILL 6006
Chapter 298, Laws of 2024
68th Legislature
2024 Regular Session
HUMAN TRAFFICKING AND SEXUAL ABUSE—VARIOUS PROVISIONS
EFFECTIVE DATE: July 1, 2025
Passed by the Senate March 4, 2024 CERTIFICATE
Yeas 49 Nays 0
I, Sarah Bannister, Secretary of
the Senate of the State of
DENNY HECK Washington, do hereby certify that
President of the Senate the attached is SECOND SUBSTITUTE
SENATE BILL 6006 as passed by the
Senate and the House of
Representatives on the dates hereon
Passed by the House February 29, 2024 set forth.
Yeas 92 Nays 0
SARAH BANNISTER
LAURIE JINKINS
Secretary
Speaker of the House of
Representatives
Approved March 26, 2024 1:45 PM FILED
March 27, 2024
Secretary of State
JAY INSLEE State of Washington
Governor of the State of Washington
SECOND SUBSTITUTE SENATE BILL 6006
AS AMENDED BY THE HOUSE
Passed Legislature - 2024 Regular Session
State of Washington 68th Legislature 2024 Regular Session
By Senate Ways & Means (originally sponsored by Senators Dhingra,
Wagoner, Braun, Conway, Frame, Hasegawa, Keiser, Kuderer, Liias,
McCune, Nguyen, Nobles, Salomon, Stanford, Torres, Valdez, and C.
Wilson)
READ FIRST TIME 02/05/24.
1 AN ACT Relating to supporting victims of human trafficking and
2 sexual abuse; amending RCW 9A.40.100, 26.44.020, 26.44.030,
3 74.13.031, 7.105.100, 7.105.110, 7.105.225, 7.105.405, 7.105.500,
4 7.68.060, 9A.44.120, 9A.44.150, 9A.82.100, 10.97.130, and 42.56.240;
5 reenacting and amending RCW 13.34.030, 7.105.010, and 9A.04.080;
6 adding a new section to chapter 7.68 RCW; adding a new section to
7 chapter 26.44 RCW; creating a new section; prescribing penalties;
8 providing an effective date; and providing expiration dates.
9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
10 Sec. 1. RCW 9A.40.100 and 2017 c 126 s 1 are each amended to
11 read as follows:
12 (1) A person is guilty of trafficking in the first degree when((:
13 (a) Such person:
14 (i) Recruits)) such person recruits, entices, harbors,
15 transports, ((transfers)) isolates, solicits, provides, obtains,
16 buys, purchases, maintains, or receives by any means another person
17 ((knowing)) and:
18 (a)(i) Knows, or acts in reckless disregard of the fact, (((A)))
19 that force, fraud, or coercion ((as defined in RCW 9A.36.070)) will
20 be used to cause the person to engage in((:
21 (I) Forced labor;
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1 (II) Involuntary servitude;
2 (III) A sexually explicit act; or
3 (IV) A commercial sex act, or (B) that the person has not
4 attained the age of eighteen years and is caused to engage in a
5 sexually explicit act or a commercial sex act; or
6 (ii) Benefits)) forced labor, involuntary servitude, a sexually
7 explicit act, or a commercial sex act; or
8 (ii) Such person knowingly, or in reckless disregard, causes a
9 person under 18 years of age to engage in a sexually explicit act or
10 commercial sex act, or benefits financially or by receiving anything
11 of value from participation in a venture that has engaged in acts set
12 forth in (a)(i) or (ii) of this subsection; provided, that it is not
13 a defense that such person did not know, or recklessly disregarded
14 the fact, that the other person was under 18 years of age or believed
15 the other person was older, as the case may be; and
16 (b) The acts or venture set forth in (a)(i) or (ii) of this
17 subsection:
18 (i) Involve such person committing or attempting to commit
19 kidnapping;
20 (ii) Involve a finding of sexual motivation ((under RCW
21 9.94A.835));
22 (iii) Involve the illegal harvesting or sale of human organs; or
23 (iv) Result in a death.
24 (2) Trafficking in the first degree is a class A felony.
25 (3)(((a))) A person is guilty of trafficking in the second degree
26 when such person((:
27 (i) Recruits)) recruits, entices, harbors, transports,
28 ((transfers)) isolates, solicits, provides, obtains, buys, purchases,
29 maintains, or receives by any means another person ((knowing)) and:
30 (a) Knows, or acts in reckless disregard of the fact, that force,
31 fraud, or coercion ((as defined in RCW 9A.36.070)) will be used to
32 cause the person to engage in forced labor, involuntary servitude, a
33 sexually explicit act, or a commercial sex act((, or that the person
34 has not attained the age of eighteen years and is caused to engage in
35 a sexually explicit act or a commercial sex act; or
36 (ii) Benefits)) ; or
37 (b) Such person knowingly, or in reckless disregard, causes a
38 person under 18 years of age to engage in a sexually explicit act or
39 commercial sex act, or benefits financially or by receiving anything
40 of value from participation in a venture that has engaged in acts set
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1 forth in (a)(((i))) or (b) of this subsection; provided, that it is
2 not a defense that such person did not know, or recklessly
3 disregarded the fact, that the other person was under 18 years of age
4 or believed the other person was older, as the case may be.
5 (((b))) (4) Trafficking in the second degree is a class A felony.
6 (((4)(a) In any prosecution under this chapter in which the
7 offense or degree of the offense depends on the victim's age, it is
8 not a defense that the perpetrator did not know the victim's age, or
9 that the perpetrator believed the victim to be older, as the case may
10 be.
11 (b))) (5) If the victim of any offense identified in this section
12 is a minor, then force, fraud, or coercion are not necessary elements
13 of an offense and consent to the sexually explicit act or commercial
14 sex act does not constitute a defense.
15 (6) For purposes of this section:
16 (a) "Coercion" includes, but is not limited to, the following
17 circumstances:
18 (i) Using or threatening to use physical force against any
19 person;
20 (ii) Restraining, isolating, or confining or threatening to
21 restrain, isolate, or confine any person without lawful authority and
22 against their will;
23 (iii) Using lending or other credit methods to establish a debt
24 by any person when labor or services are pledged as a security for
25 the debt, constituting debt bondage, if the value of the labor or
26 services are pledged as a security for the debt, the value of the
27 labor or services as reasonably assessed is not applied toward the
28 liquidation of the debt, or the length and nature of the labor or
29 services are not respectively limited and defined;
30 (iv) Destroying, concealing, removing, confiscating, withholding,
31 or possessing any actual or purported passport, visa, or other
32 immigration document, or any other actual or purported government
33 identification document, of any person;
34 (v) Causing or threatening to cause financial harm to any person;
35 (vi) Enticing or luring any person by fraud or deceit;
36 (vii) Providing or withholding any drug, alcohol, controlled
37 substance, property, or necessities of life including money, food,
38 lodging, or anything else of value that belongs to or was promised to
39 another person knowing that this other person will be caused to
p. 3 2SSB 6006.SL
1 engage in forced labor, involuntary servitude, a sexually explicit
2 act, or a commercial sex act;
3 (viii) Accusing any person of a crime or causing criminal charges
4 to be instituted against any person;
5 (ix) Exposing a secret or publicizing an asserted fact, whether
6 true or false, tending to subject any person to hatred, contempt, or
7 ridicule;
8 (x) Testifying or providing information, or withholding testimony
9 or information, with respect to another's legal claim or defense;
10 (xi) Taking wrongful action as an official against anyone or
11 anything, or wrongfully withholding official action, or causing such
12 action or withholding;
13 (xii) Committing any other act which is intended to harm
14 substantially the person threatened or another with respect to his or
15 her health, safety, business, financial condition, or personal
16 relationships; or
17 (xiii) Holding or returning a person to a condition of
18 involuntary servitude, debt bondage, or forced labor, with the intent
19 of placing them in or returning them to a condition of involuntary
20 servitude, debt bondage, or forced labor, where such condition is
21 based on the alleged, implied, or actual inheritance of another's
22 debt, constituting peonage.
23 (b) "Commercial sex act" means any act of sexual contact or
24 sexual intercourse, both as defined in chapter 9A.44 RCW, for which
25 something of value is given or received by any person.
26 (c) "Kidnapping" means intentionally abducting another person.
27 (d) "Maintain" means, in relation to forced labor, involuntary
28 servitude, a sexually explicit act, or a commercial sex act, to
29 secure or make possible continued performance thereof, regardless of
30 any initial agreement on the part of the victim to perform such
31 labor, servitude, or act.
32 (e) "Sexual motivation" means that one of the purposes for which
33 the defendant committed the crime was for the purpose of his or her
34 sexual gratification.
35 (f) "Sexually explicit act" means a public, private, or live
36 photographed, recorded, or videotaped act or show intended to arouse
37 or satisfy the sexual desires or appeal to the prurient interests of
38 patrons for which something of value is given or received.
39 (7) A person who is ((either)) convicted ((or)), enters into a
40 plea agreement to a reduced or different charge, is given a deferred
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1 sentence or a deferred prosecution, or ((who has entered)) enters
2 into a statutory or nonstatutory diversion agreement as a result of
3 an arrest for a violation of a trafficking crime shall be assessed a
4 ((ten thousand dollar)) $10,000 fee. The court shall not reduce,
5 waive, or suspend payment of all or part of the fee assessed in this
6 section unless it finds, on the record, that the offender does not
7 have the ability to pay the fee in which case it may reduce the fee
8 by an amount up to two-thirds of the maximum allowable fee.
9 (((c) The court shall not reduce, waive, or suspend payment of
10 all or part of the fee assessed in this section unless it finds, on
11 the record, that the offender does not have the ability to pay the
12 fee in which case it may reduce the fee by an amount up to two-thirds
13 of the maximum allowable fee.
14 (d))) (8)(a) Fees assessed under this section shall be collected
15 by the clerk of the court and remitted ((to the treasurer of the
16 county where the offense occurred for deposit in the county general
17 fund, except in cases in which the offense occurred in a city or town
18 that provides for its own law enforcement, in which case these
19 amounts shall be remitted to the treasurer of the city or town for
20 deposit in the general fund of the city or town. Revenue from the
21 fees must be used for local efforts to reduce the commercial sale of
22 sex including, but not limited to, increasing enforcement of
23 commercial sex laws.
24 (i) At least fifty percent of the revenue from fees imposed under
25 this section must be spent on prevention, including education
26 programs for offenders, such as john school, and rehabilitative
27 services, such as mental health and substance abuse counseling,
28 parenting skills, training, housing relief, education, vocational
29 training, drop-in centers, and employment counseling.
30 (ii))) as follows:
31 (i) 45 percent to the treasurer of the county where the offense
32 occurred for deposit in the county general fund, except in cases in
33 which the offense occurred in a city or town that provides for its
34 own law enforcement, in which case these amounts shall be remitted to
35 the treasurer of the city or town for deposit in the general fund of
36 the city or town, and which must be spent on services for victims of
37 trafficking crimes in that jurisdiction;
38 (ii) 45 percent to the treasurer of the county where the offense
39 occurred for deposit in the county general fund, except in cases in
40 which the offense occurred in a city or town that provides for its
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1 own law enforcement, in which case these amounts shall be remitted to
2 the treasurer of the city or town for deposit in the general fund of
3 the city or town, and which must be spent on: (A) Local efforts to
4 reduce the commercial sale of sex, including but not limited to
5 increasing enforcement of commercial sex laws; (B) prevention,
6 including education programs for offenders, such as programs to
7 educate and divert persons from soliciting commercial sexual
8 services; and (C) rehabilitative services, such as mental health and
9 substance abuse counseling, parenting skills, training, housing
10 relief, education, vocational training, drop-in centers, and
11 employment counseling; and
12 (iii) 10 percent must be retained by the clerks of the courts for
13 their official services.
14 (b) Revenues from these fees are not subject to the distribution
15 requirements under RCW 3.50.100, 3.62.020, 3.62.040, 10.82.070, or
16 35.20.220.
17 (((5) If the victim of any offense identified in this section is
18 a minor, force, fraud, or coercion are not necessary elements of an
19 offense and consent to the sexually explicit act or commercial sex
20 act does not constitute a defense.
21 (6) For purposes of this section:
22 (a) "Commercial sex act" means any act of sexual contact or
23 sexual intercourse, both as defined in chapter 9A.44 RCW, for which
24 something of value is given or received by any person; and
25 (b) "Sexually explicit act" means a public, private, or live
26 photographed, recorded, or videotaped act or show intended to arouse
27 or satisfy the sexual desires or appeal to the prurient interests of
28 patrons for which something of value is given or received.))
29 NEW SECTION. Sec. 2. (1) The state auditor must conduct a
30 performance audit of the collection and use of mandatory fees
31 assessed pursuant to RCW 9A.40.100. In addition to other measures
32 established by the state auditor, the audit shall:
33 (a) Determine whether jurisdictions are assessing fees consistent
34 with the requirements of RCW 9A.40.100;
35 (b) Determine whether jurisdictions are using the revenue from
36 assessed fees to fund local efforts to reduce the commercial sale of
37 sex as required by RCW 9A.40.100;
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1 (c) Determine whether jurisdictions are using at least 50 percent
2 of the revenue from assessed fees on prevention and rehabilitative
3 services as required by RCW 9A.40.100; and
4 (d) If fees are not being assessed or used as required, make
5 recommendations for corrective action.
6 (2) The state auditor may conduct the audit at a sample of
7 jurisdictions as needed.
8 (3) The state auditor shall publish its final audit report no
9 later than December 31, 2025.
10 (4) This section expires January 31, 2026.
11 NEW SECTION. Sec. 3. A new section is added to chapter 7.68 RCW
12 to read as follows:
13 (1) Subject to the availability of funds appropriated for this
14 purpose, the commercially sexually exploited children statewide
15 coordinating committee is established to facilitate a statewide
16 coordinated response to the commercial sexual exploitation of
17 children, youth, and young adults 24 years old and younger by relying
18 on the voices of those with lived experience, qualitative and
19 quantitative data, and the collective expertise of youth-serving
20 professionals and youth policy experts to increase supports,
21 protections, and resource identification in the areas of prevention
22 and intervention with a particular emphasis on improving the response
23 of systems of care, including but not limited to child welfare,
24 juvenile criminal legal, health care, and education.
25 (2) The committee is convened by the office of the attorney
26 general. The committee consists of the following members:
27 (a) One member from each of the two largest caucuses of the house
28 of representatives appointed by the speaker of the house of
29 representatives;
30 (b) One member from each of the two largest caucuses of the
31 senate appointed by the president of the senate;
32