BP BHEAD INT H

AN ACT Relating to the well-being of children; adding new sections to chapter 9.68 RCW; repealing RCW 9.68.015, 9.68.050, 9.68.060, 9.68.070, 9.68.080, 9.68.090, 9.68.100, 9.68.110, 9.68.120, 9.68.130, 9.68A.140, 9.68A.150, and 9.68A.160; prescribing penalties; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. As used in sections 1 through 4 of this act, the following terms have the meanings indicated unless the context clearly requires otherwise.

(1) "Minor" means any person under the age of eighteen years.

(2) "Harmful to minors" means any matter or live performance:

(a) That the average adult person, applying contemporary community standards, would find, when considered as a whole, appeals to the prurient interest of minors; and

(b) That explicitly depicts or describes, by prevailing standards in the adult community with respect to what is suitable for minors, patently offensive representations or descriptions of:

(i) Ultimate sexual acts, normal or perverted, actual or simulated; or

(ii) Masturbation, fellatio, cunnilingus, bestiality, excretory functions, lewd exhibition of the genitals or genital area, sexually explicit conduct, sexual excitement, or sexually explicit nudity; or

(iii) Sexual acts that are violent or destructive, including but not limited to human or animal mutilation, dismemberment, rape, or torture; and

(c) That, when considered as a whole, and in the context in which it is used, lacks serious literary, artistic, political, or scientific value for minors.

(3) "Matter" means a motion picture film, publication, sexual device, or any combination thereof.

(4) "Motion picture film" means any:

(a) Film or plate negative;

(b) Film or plate positive;

(d) Film, glass slides, or transparencies, either in negative or positive form, designed for exhibition by projection on a screen;

(e) Video tape; or

(f) Any other medium used to transmit or reproduce images electronically on a screen.

(5) "Publication" means any book, magazine, article, pamphlet, writing, printing illustration, picture, sound recording, telephonic communication, or coin-operated machine.

(6) "Sexual device" means any artificial device primarily designed, promoted, or marketed to physically stimulate or manipulate the human genitals.

(7) "Live performance" means any play, show, skit, dance, or other exhibition performed or presented to or before an audience of one or more, in person or by electronic transmission, or by telephonic communication, with or without consideration.

(8) "Sexual conduct" means sexual intercourse or sexual contact as defined in RCW 9A.44.010.

(9) "Knowledge of its character" means that the person has knowledge that the matter or performance contains, depicts, or describes activity or conduct that is patently offensive under subsection (2)(b) of this section. Such knowledge may be proved by direct or circumstantial evidence, or both.

(10) "Knowledge" means knowledge as defined in RCW 9A.08.010(1)(b).

NEW SECTION. Sec. 2. (1) No person may, with knowledge of its character:

(a) Present, furnish, or display to a minor any matter that is harmful to minors for the purpose of promoting, encouraging, inducing, facilitating, or coercing the minor's exposure to and involvement in sexual conduct with the perpetrator or a third party or for the perpetrator's sexual gratification;

(b) Present to a minor or participate in presenting to a minor any live performance that is harmful to minors for the purpose of promoting, encouraging, inducing, facilitating, or coercing the minor's exposure to and involvement in sexual conduct with the perpetrator or a third party or for the perpetrator's sexual gratification.

(2) A violation of this section is a class B felony.

NEW SECTION. Sec. 3. In any prosecution for a violation of section 2 of this act, it shall not be a defense that the perpetrator did not know that the victim was a minor, unless the defendant proves by a preponderance of the evidence that at the time of the offense the defendant reasonably believed the victim to be eighteen years of age or older based on the victim's declarations as to his or her age.

NEW SECTION. Sec. 4. In any case where a person who has violated section 2 of this act also commits any sexual offense under chapter 9.68A, 9A.44, or 9A.64 RCW, the perpetrator shall be prosecuted for a violation of section 2 of this act in addition to the prosecution for the sexual offense.

NEW SECTION. Sec. 5. The following acts or parts of acts are each repealed:

(1) RCW 9.68.015 and 1959 c 260 s 2;

(2) RCW 9.68.050 and 1992 c 5 s 1 & 1969 ex.s. c 256 s 13;

(3) RCW 9.68.060 and 1992 c 5 s 2 & 1969 ex.s. c 256 s 14;

(4) RCW 9.68.070 and 1992 c 5 s 4 & 1969 ex.s. c 256 s 15;

(5) RCW 9.68.080 and 1969 ex.s. c 256 s 16;

(6) RCW 9.68.090 and 1992 c 5 s 3 & 1969 ex.s. c 256 s 17;

(7) RCW 9.68.100 and 1969 ex.s. c 256 s 18;

(8) RCW 9.68.110 and 1969 ex.s. c 256 s 19;

(9) RCW 9.68.120 and 1969 ex.s. c 256 s 20;

(10) RCW 9.68.130 and 1975 1st ex.s. c 156 s 1;

(11) RCW 9.68A.140 and 1987 c 396 s 1;

(12) RCW 9.68A.150 and 1987 c 396 s 2; and

(13) RCW 9.68A.160 and 1987 c 396 s 3.

NEW SECTION. Sec. 6. Sections 1 through 4 of this act are each added to chapter 9.68 RCW.

NEW SECTION. Sec. 7. 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.

NEW SECTION. Sec. 8. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.