This bill seeks to enhance Washington's legal framework concerning offenses related to fabricated depictions of minors in sexually explicit conduct, particularly in response to advancements in technology that facilitate the creation of such images. It broadens existing prohibitions to include fabricated depictions where the minor is not identifiable, acknowledging the potential harm these materials can inflict, such as desensitization to child exploitation and increased risk of future victimization. Key amendments include redefining terms related to "digitization" and "fabricated depiction," updating age definitions for minors, and specifying penalties for offenses related to the viewing, possession, and distribution of such depictions. Importantly, the bill establishes that each depiction constitutes a separate offense, thereby strengthening the legal response to the complexities introduced by digital technologies.

Additionally, the bill amends existing laws regarding the viewing of visual or printed matter depicting minors engaged in sexually explicit conduct by clarifying the definition of a minor and establishing that intentional viewing of such material online is a class C felony, with each internet session counted as a separate offense. It clarifies that ignorance of a minor's age is not a valid defense, although defendants may demonstrate reasonable attempts to ascertain age. The bill also introduces affirmative defenses for law enforcement and authorized researchers, while removing the requirement for the state to establish the identity of the alleged victim in certain cases involving fabricated depictions, reinforcing the prohibition against unlawful viewing or possession of such material.

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