5108-S2 AMH CARR RAME 15

2SSB 5108 - H AMD TO CJC COMM AMD (H 2607.1/99) 0169 NOT CONSIDERED 04/15/99

By Representative Carrell

     On page 1, after line 35 of the striking amendment, insert:

ASec. 2.  RCW 9.68A.070 and 1990 c 155 s 1 are each amended to read as follows: 

     A person who knowingly possesses visual or printed matter depicting a minor engaged in sexually explicit conduct is guilty of a class C felony.  For purposes of possessing a digital image, a person must engage in a knowing overt act to intentionally bring or keep the digital image within his or her control.  Such an overt act may include downloading, printing, saving, sending, or storing the digital image.@

EFFECT: Requires a person to engage in a knowing overt act (such as downloading, printing, saving, sending, or storing) to intentionally bring or keep a digital image within his or her control before he or she can be found guilty of knowingly possessing a digital image of a minor engaged in sexually explicit conduct.