_______________________________________________
ENGROSSED
SENATE BILL 6261
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AS
AMENDED BY THE HOUSE
Passed
Legislature - 1992 Regular Session
State of Washington 52nd
Legislature 1992 Regular Session
Read first time 01/23/92.
Referred to Committee on Children & Family Services.Changing defenses to prosecutions for sexual exploitation of children.
AN ACT
Relating to the well-being of children; and amending RCW 9.68A.110.
BE IT ENACTED BY THE LEGISLATURE
OF THE STATE OF WASHINGTON:
Sec.
1. RCW
9.68A.110 and 1989 c 32 s 9 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.050, 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 eighteen
years of age based on declarations by the alleged victim)) made a
reasonable bona fide attempt to ascertain the true age of the minor by
requiring production of a driver's license, marriage license, birth
certificate, or other governmental or educational identification card or paper
and did not rely solely on the oral allegations or apparent age of the minor.
(4) In
a prosecution under RCW 9.68A.050, 9.68A.060, or 9.68A.070, it shall be an
affirmative defense that the defendant was a law enforcement officer in the
process of conducting an official investigation of a sex-related crime against
a minor, or that the defendant was providing individual case treatment as a
recognized medical facility or as a psychiatrist or psychologist licensed under
Title 18 RCW.
(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.
NEW
SECTION. Sec. 2. If
any provision of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the provision to
other persons or circumstances is not affected.
