The 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 advancements in artificial intelligence and digital technologies. It broadens the definition of "fabricated depiction" to encompass any visual or printed material that features a minor, irrespective of the minor's identifiability. Key amendments include the modification of definitions in RCW 9.68A.011, clarifying that "digitization" includes the creation or alteration of images using AI, and that "obscene" is defined according to common law. The bill also updates the age definition for minors and establishes penalties for offenses related to the distribution, possession, and viewing of such depictions, categorizing them as class B or C felonies based on the nature of the conduct.

Additionally, the bill amends existing laws regarding the viewing of explicit material involving minors by updating the definition of a minor from "thirteen" to "13" years of age. It establishes that intentionally viewing such material online constitutes a class C felony, with each internet session treated as a separate offense. The bill clarifies that ignorance of a minor's age is not a valid defense, although defendants can demonstrate reasonable attempts to ascertain age. It also introduces affirmative defenses for law enforcement and authorized researchers, while removing the requirement for the state to prove the identity of the alleged victim in certain cases involving fabricated depictions. Overall, the legislation aims to bolster protections for minors against exploitation and provide clearer guidelines for legal proceedings.

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