HOUSE BILL REPORT

                 SSB 5346

             As Reported By House Committee on:

                          Judiciary

Title:  An act relating to communication with a minor for immoral purposes.

Brief Description:  Defining the crime of communication with a minor for immoral purposes.

Sponsor(s):  Senator Nelson.

Brief History:

  Reported by House Committee on:

Judiciary, April 2, 1991, DP.

HOUSE COMMITTEE ON

JUDICIARY

Majority Report: Do pass.  Signed by 17 members:  Representatives Appelwick, Chair; Ludwig, Vice Chair; Padden, Ranking Minority Member; Paris, Assistant Ranking Minority Member; Belcher; Broback; Hargrove; Inslee; R. Meyers; Mielke; H. Myers; Riley; Scott; D. Sommers; Tate; Vance; and Wineberry.

Staff:  Bill Perry (786-7123).

Background:  The Court of Appeals in State v. Danforth, 56 Wn. App. 133 (1989), held that the communication with a minor for immoral purposes statute applies only to the offenses contained in Chapter 9.68A RCW.  These offenses concern the sexual exploitation of children and include photographing sexually explicit conduct, live sexual performances, and engaging in sexual conduct for a fee. 

The court declined to expand the scope of the definition of "immoral purposes" to cover other sexual offenses, stating that such expansion of the statute is the function of the Legislature.

Summary of Bill:  An adult is guilty of communicating with a minor for immoral purposes when he or she commands, solicits, encourages, requests, or propositions a minor to commit a felony sexual offense under Title 9 or 9A RCW.

Fiscal Note:  Not requested.

Effective Date:  Ninety days after adjournment of session in which bill is passed.

Testimony For:  The bill will expand the protection of the statute to cover more crimes against children.  The court's interpretation of the current statute frustrates legislative intent.

Testimony Against:  None.

Witnesses:  Gary Burleson, Mason County Prosecuting Attorney (in favor); and Dawn Larsen, Washington Coalition of Sexual Assault Programs (in favor).