The Washington State Internet Crimes Against Children Task Force (Task Force) is one of 61 such task forces in the United States funded by the United States Department of Justice.  The Task Force is made up of local, state, and federal law enforcement agencies working to identify, arrest, and convict those individuals who victimize children by way of the Internet.  Crimes investigated by the unit include the following:  communication with a minor for immoral purposes, sexual exploitation of a minor, possession of depictions of minors engaged in sexually explicit conduct, and dealing in depictions of minors engaged in sexually explicit conduct.
 
Sexual Exploitation of a Minor.  A person is guilty of sexual exploitation of a minor if the person:

• compels a minor by threat or force to engage in sexually explicit conduct, knowing such conduct will be photographed or part of a live performance;
• aids, invites, employs, authorizes, or causes a minor to engage in sexually explicit conduct, knowing such conduct will be photographed or part of a live performance; or
• being a parent, legal guardian, or person having custody or control of a minor, permits the minor to engage in sexually explicit conduct, knowing the conduct will be photographed or part of a live performance.

 
Sexual exploitation of a minor is a class B felony.

Minor Selling Depictions of Themselves.  A person under the age of 18 commits the crime of a minor selling depictions of themselves engaged in sexually explicit conduct when they sell visual or printed matter that depicts themselves engaged in any act of sexually explicit conduct.  Minor selling depictions of themselves engaged in sexually explicit conduct is a misdemeanor.
 
Minor Possessing Depictions of Themselves.  The above prohibitions do not apply to a person under the age of 18 who finances, attempts to finance, develops, duplicates, publishes, prints, disseminates, exchanges, or possesses a visual or printed matter that depicts themself engaged in an act of sexually explicit conduct.

The crime of sexual exploitation of a minor includes persons who knowingly cause a minor to be photographed or part of a live performance which depicts the minor engaged in sexually explicit conduct where the minor is unconscious or unaware of the photograph or recording.

An element is added to the crime of minor selling depictions of themselves engaged in sexually explicit conduct that visual or printed matter does not include any depiction of another minor engaged in an act of sexually explicit conduct.
 
An element is added to the exemption from liability of minors possessing depictions of themselves engaged in an act of sexually explicit conduct that visual or printed matter does not include any depiction of another minor engaged in an act of sexually explicit conduct.

The committee recommended a different version of the bill than what was heard.  PRO:  This bill closes loopholes in the law that minors must be conscious and aware that they are either being photographed or are part of a live performance in order for a person to be guilty of sexual exploitation of a minor.  This bill also enhances law enforcement's ability to investigate and properly charge individuals who are using common and emerging technologies to victimize minors.  The bill also puts in guard rails related to minors who take pictures of themselves that include other minors.  Finally, the bill attempts to categorize previously unranked felonies on the felony sentencing grid.