AN ACT Relating to
sexual exploitation of minors; and amending RCW 9.68A.011 and 9.68A.080.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
Sec. 1. RCW 9.68A.011 and 1989 c
32 s 1 are each amended to read as follows:
Unless the context
clearly indicates otherwise, the definitions in this section apply throughout
this chapter.
(1) To
"photograph" means to make a print, negative, slide, digital
image, motion picture, or videotape. A "photograph" means ((any))
anything tangible ((item)) or intangible produced by
photographing.
(2) "Visual or
printed matter" means any photograph or other material that contains a
reproduction of a photograph.
(3) "Sexually
explicit conduct" means actual or simulated:
(a) Sexual intercourse,
including genital-genital, oral-genital, anal-genital, or oral-anal, whether
between persons of the same or opposite sex or between humans and animals;
(b) Penetration of the
vagina or rectum by any object;
(c) Masturbation;
(d) Sadomasochistic
abuse for the purpose of sexual stimulation of the viewer;
(e) Exhibition of the
genitals or unclothed pubic or rectal areas of any minor, or the unclothed breast
of a female minor, for the purpose of sexual stimulation of the viewer;
(f) Defecation or
urination for the purpose of sexual stimulation of the viewer; and
(g) Touching of a
person's clothed or unclothed genitals, pubic area, buttocks, or breast area
for the purpose of sexual stimulation of the viewer.
(4) "Minor"
means any person under eighteen years of age.
(5) "Live
performance" means any play, show, skit, dance, or other exhibition
performed or presented to or before an audience of one or more, with or without
consideration.
Sec. 2. RCW 9.68A.080 and 1989 c
32 s 6 are each amended to read as follows:
(1) A person
who, in the course of processing or producing visual or printed matter either
privately or commercially, has reasonable cause to believe that the visual or
printed matter submitted for processing or producing depicts a minor engaged in
sexually explicit conduct shall immediately report such incident, or cause a
report to be made, to the proper law enforcement agency. Persons failing to do
so are guilty of a gross misdemeanor.
(2) 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 performing the repair, modification, or maintenance may
report such incident, or cause a report to be made, to the proper law
enforcement agency.
(3) A
person who makes a report in good faith under this section is immune from civil
liability resulting from the report.
