FINAL BILL REPORT

HB 1512

C 70 L 02

Synopsis as Enacted

Brief Description:  Including computer images in the definition of "visual or printed matter."

Sponsors:  By Representatives Sommers, Ballasiotes, O'Brien, Kagi, Lambert, Dickerson, Lisk, Lovick, Hurst, Delvin, Hankins, Keiser and Dunn.

House Committee on Criminal Justice & Corrections

Senate Committee on Judiciary

Background:

It is illegal to:  (1) sexually exploit a minor for child pornography; (2) disseminate or otherwise deal in depictions of minors engaged in sexually explicit conduct; or (3) possess visual or printed matter depicting a minor engaged in sexually explicit conduct.

The term "visual or printed matter" is defined in statute as any photograph or other material that contains a reproduction of a photograph.  "Photograph" is defined as "any tangible item produced by photographing."

In a 1999 case, the Washington Court of Appeals, Division I, held that the crime of possessing child pornography includes possessing digital computer images of child pornography.  The defendant in that case argued that the statute only applies to tangible items and does not apply to digitized information stored on a computer hard drive.  The court rejected that argument, reasoning that the computerized images originated as photographs and, therefore, fall within the meaning of the statute.

A person who, in the course of processing or developing visual or printed matter either privately or commercially, has reasonable cause to believe that the visual or printed matter depicts a minor engaged in sexually explicit conduct, must immediately report the incident, or cause a report to be made, to law enforcement.  Failing to do so is a gross misdemeanor.

Summary:

The term "photograph" in the child pornography statutes is expanded to include digital images and both tangible and intangible items.

If, in the course of repairing, modifying, or maintaining a computer that has been submitted either privately or commercially for repair, modification, or maintenance, a person has reasonable cause to believe that the computer stores visual or printed matter that depicts a minor engaged in sexually explicit conduct, the person may report the incident, or cause a report to be made, to law enforcement.

A person making a report in good faith, either during the repair or maintenance of a computer or during the processing or developing of visual or printed matter, is immune from civil liability resulting from the report.

Votes on Final Passage:

House970

Senate440

Effective:  June 13, 2002