This bill seeks to enhance Washington's legal framework concerning offenses related to fabricated depictions of minors engaged in sexually explicit conduct, particularly in response to the rise of artificial intelligence and digital tools that enable the creation of such images. It broadens the definition of "fabricated depiction" to encompass any visual or printed material featuring a minor, irrespective of the minor's identifiability. The legislation highlights the dangers of exposure to such content, which can desensitize individuals to the exploitation of minors and skew their understanding of healthy relationships. Additionally, the bill introduces a new section detailing the legislature's findings and intent to regulate these depictions while respecting constitutionally protected activities.

Key amendments include redefining terms associated with digitization and fabricated depictions, as well as establishing penalties for the creation, distribution, and possession of such material. Individuals aged 18 and older may face felony charges, while minors could be charged with gross misdemeanors or misdemeanors based on the offense's nature. The bill also clarifies that each depiction is treated as a separate offense and updates the definition of a minor from "thirteen" to "13" years of age, ensuring that the law does not apply to minors who intentionally view such material if they are 13 or older. Furthermore, it specifies that each separate internet session of viewing constitutes a distinct offense and outlines the evidence permissible in determining intentional viewing. Defenses available in prosecutions are clarified, including the stipulation that ignorance of a minor's age cannot be claimed unless reasonable attempts to ascertain it were made, while also providing protections for law enforcement and authorized researchers.

Statutes affected:
Original Bill: 9.68A.050, 9.68A.053, 9.68A.060, 9.68A.070, 9.68A.075, 9.68A.110