The bill seeks to enhance Washington's legal framework against sexually explicit depictions of minors, particularly in response to the challenges posed by advancements in artificial intelligence that enable the creation of realistic but fabricated images. It broadens existing prohibitions to encompass fabricated depictions of minors, regardless of whether the minor is identifiable, acknowledging the potential harm such material can inflict by desensitizing viewers and normalizing child exploitation. Key amendments include redefining terms related to digitization and fabricated depictions, updating definitions of "obscene" and "sexually explicit conduct," and adjusting age thresholds for various offenses involving minors.

Furthermore, the legislation establishes two degrees of offenses for viewing such material, with first-degree viewing classified as a class B felony and second-degree viewing as a class C felony. It clarifies that individuals who intentionally view this material online can be charged with these offenses, while also updating age references for minors. The bill introduces new reporting requirements for incidents involving AI-generated depictions of minors, making failure to report a gross misdemeanor, and extends the statute of limitations for prosecuting certain offenses. Additionally, it provides defenses for law enforcement and research activities and clarifies that the state does not need to establish the identity of the alleged victim in specific cases, thereby reinforcing protections against the exploitation of minors.

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