SENATE BILL REPORT

SHB 1658

BYHouse Committee on Judiciary (originally sponsored by Representatives Hargrove, Padden, Scott, Kremen, Brough, Bowman and P. King) 

Modifying the term minor to mean anyone under the age of eighteen for purpose of the sexual exploitation of children statute.

House Committe on Judiciary

Senate Committee on Law & Justice

Senate Hearing Date(s):March 28, 1989

Majority Report:  Do pass.

      Signed by Senators Pullen, Chairman; McCaslin, Vice Chairman; Hayner, Madsen, Nelson, Newhouse, Niemi, Rasmussen, Talmadge, Thorsness.

Senate Staff:Jon Carlson (786-7459)

                  March 28, 1989

AS REPORTED BY COMMITTEE ON LAW & JUSTICE, MARCH 28, 1989

BACKGROUND:

The Legislature enacted a measure in 1984 relating to the sexual exploitation of children.  The act prohibits activities which involve children in sexually explicit conduct.  Among the activities defined as sexually explicit are the exhibition of the genitals or unclothed pubic or rectal area of a minor for the sexual stimulation of the viewer or masturbation for the sexual stimulation of the viewer.

The act generally applies to minors who are under the age of 16.  However, in a few instances different penalties are imposed depending on whether the minor was under age 16, or between the ages of 16-18.  Federal legislation prohibiting the sexual exploitation of minors generally provides protection to minors under the age of 18 and it is suggested that the state act be expanded to protect minors under the age of 18 also.

It is not a defense to a prosecution involving the sexual exploitation of a minor that the defendant did not know the minor's age.  It is a defense if the defendant is able to prove by a preponderance of the evidence that he or she reasonably believed the minor was not under 16 or 18, based on the minor's declaration.  Law enforcement agencies may not employ minors in activities which amount to sexual exploitation of children, juvenile prostitution, or communication with a minor for immoral purposes.

SUMMARY:

The definition of sexually explicit conduct is modified to include exposure of the unclothed breast of a female minor.  Masturbation is proscribed whether or not for the sexual stimulation of the viewer.

For offenses involving the sexual exploitation of children, the distinction between minors under 16 and under 18 is eliminated.  It is a class B felony to involve any minor under 18 in sexually explicit conduct.  It is a class C felony to develop, publish, distribute, sell, or bring into the state any material showing a minor under 18 engaging in sexually explicit conduct.  It is a gross misdemeanor to possess material showing a minor under 18 engaging in sexually explicit conduct.  Communication for immoral purposes with a minor under 18 years of age is a class C felony.

The reasonable belief that the alleged victim is 18 years old is extended to the crimes of distributing or bringing into the state material depicting a minor engaging in sexually explicit conduct.  The reasonable belief defense no longer applies to patronizing a juvenile prostitute.

It is an affirmative defense to a prosecution for possession, distribution, or bringing into the state proscribed materials that the defendant was a law enforcement officer conducting any official investigation of a sex-related crime against a minor.

Appropriation:    none

Revenue:    none

Fiscal Note:      none requested

Senate Committee - Testified: Mike Redman, Washington Association of Prosecuting Attorneys (pro)