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ENGROSSED SENATE BILL NO. 4705
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AS AMENDED BY THE HOUSE
C 319 L 86 PV
State of Washington 49th Legislature 1986 Regular Session
By Senators Talmadge, Bluechel, Garrett, Gaspard, Rasmussen, Bender, Wojahn, Vognild, Peterson and Granlund
Read first time 1/21/86 and referred to Committee on Judiciary.
AN ACT Relating to communications with minors for immoral purposes; amending RCW 9.68A.090, 9.68A.050, and 9.68A.110; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. Section 4, chapter 262, Laws of 1984 and RCW 9.68A.050 are each amended to read as follows:
A person who:
(1) Knowingly develops, duplicates, publishes, prints, disseminates, exchanges, finances, attempts to finance, or sells any visual or printed matter that depicts a minor engaged in an act of sexually explicit conduct; or
(2) Possesses with intent to develop, duplicate, publish, print, disseminate, exchange, or sell any visual or printed matter that depicts a minor engaged in an act of sexually explicit conduct; or
(3) Knowingly exposes a minor to visual or printed matter that depicts a minor engaged in an act of sexually explicit conduct
is guilty of a class C felony punishable under chapter 9A.20 RCW.
(((3)))
(4) As used in this section, "minor" means a person under ((sixteen))
eighteen years of age.
Sec. 2. Section 8, chapter 262, Laws of 1984 and RCW 9.68A.090 are each amended to read as follows:
(1) A person who communicates with a minor for immoral purposes is guilty of a gross misdemeanor, unless that person has previously been convicted under this section or of a felony sexual offense under chapter 9.68A, 9A.44, or 9A.64 RCW or of any other felony sexual offense in this or any other state, in which case the person is guilty of a class C felony punishable under chapter 9A.20 RCW.
(2) As used
in this section, "minor" means a person under ((sixteen)) eighteen
years of age.
Sec. 3. Section 10, chapter 262, Laws of 1984 and RCW 9.68A.110 are each amended to read as follows:
(1) In a prosecution under RCW 9.68A.040, it is not a defense that the defendant was involved in activities of law enforcement and prosecution agencies in the investigation and prosecution of criminal offenses. Law enforcement and prosecution agencies shall not employ minors to aid in the investigation of a violation of RCW 9.68A.090 or 9.68A.100. This chapter does not apply to individual case treatment in a recognized medical facility or individual case treatment by a psychiatrist or psychologist licensed under Title 18 RCW, or to lawful conduct between spouses.
(2) In a prosecution under RCW 9.68A.050, 9.68A.060, 9.68A.070, or 9.68A.080, it is not a defense that the defendant did not know the age of the child depicted in the visual or printed matter: PROVIDED, That it is a defense, which the defendant must prove by a preponderance of the evidence, that at the time of the offense the defendant was not in possession of any facts on the basis of which he or she should reasonably have known that the person depicted was a minor.
(3) In a prosecution under RCW 9.68A.040, 9.68A.090, or 9.68A.100, it is not a defense that the defendant did not know the alleged victim's age: PROVIDED, That it is a defense, which the defendant must prove by a preponderance of the evidence, that at the time of the offense, the defendant reasonably believed the alleged victim to be at least eighteen years of age based on declarations by the alleged victim.
(4) In a
prosecution under RCW 9.68A.050((,)) or 9.68A.060((, or
9.68A.090)), it is not a defense that the defendant did not know the
alleged victim's age: PROVIDED, That it is a defense, which the defendant must
prove by a preponderance of the evidence, that at the time of the offense, the
defendant reasonably believed the alleged victim to be at least sixteen years
of age based on declarations by the alleged victim.
(5) In a prosecution under RCW 9.68A.050, 9.68A.060, or 9.68A.070, the state is not required to establish the identity of the alleged victim.