The bill seeks to enhance Washington's legal framework against sexually explicit depictions of minors, particularly in response to advancements in artificial intelligence that enable the creation of realistic but fabricated images. It broadens existing prohibitions to include non-identifiable fabricated depictions of minors, asserting the state's interest in preventing child sexual exploitation while maintaining constitutional rights. Key amendments redefine terms related to digitization and fabricated depictions, update age definitions for minors, and establish penalties for offenses concerning the creation, distribution, and possession of sexually explicit material involving minors. Each depiction is treated as a separate offense, addressing the complexities introduced by digital technologies.

Additionally, the bill amends laws regarding the viewing and possession of sexually explicit material involving minors, establishing two degrees of offenses with corresponding felony classifications. It clarifies definitions of sexually explicit conduct and specifies that each internet session of viewing constitutes a separate offense. New provisions are introduced for prosecuting sexual exploitation, including a specific offense for photographing or involving a minor in a performance while they are unconscious or unaware. The bill also outlines defenses related to the age of depicted minors and extends the statute of limitations for prosecuting such offenses to 10 years, ensuring that these crimes can be addressed effectively.

Statutes affected:
Original Bill: 9.68A.050, 9.68A.053, 9.68A.060, 9.68A.070, 9.68A.075, 9.68A.110
Substitute Bill: 9.68A.050, 9.68A.053, 9.68A.060, 9.68A.070, 9.68A.075, 9.68A.110, 9.68A.040
Engrossed Substitute: 9.68A.050, 9.68A.053, 9.68A.060, 9.68A.070, 9.68A.075, 9.68A.110, 9.68A.040
Second engrossed substitute: 9.68A.050, 9.68A.053, 9.68A.060, 9.68A.070, 9.68A.075, 9.68A.110, 9.68A.040