The bill addresses the growing concern of deepfake artificial intelligence-generated pornographic material involving minors by amending existing laws and introducing new definitions and penalties. It defines "indistinguishable from an actual and identifiable minor" to include images that a reasonable person would conclude depict a real minor, while explicitly excluding artistic representations such as drawings and paintings. The bill also updates definitions related to sexual offenses and vulnerable populations, ensuring that the legal framework reflects contemporary issues surrounding technology and exploitation.

Additionally, the bill establishes a new crime under chapter 9.68A RCW for generating obscene images of computer-generated representations of minors under 16, criminalizing the creation, possession, or viewing of such images if they depict the minor in sadomasochistic abuse or sexually explicit conduct. The offense is classified as a gross misdemeanor for first-time offenders and escalates to a class C felony for repeat offenders. It clarifies that parents are not prohibited from possessing visual representations of their own children unless they depict inappropriate contexts and provides an affirmative defense for individuals who can show they took reasonable steps to destroy such representations or reported them to law enforcement.

Statutes affected:
Original Bill: 9.68A.011