S-3434.1  _______________________________________________

                         SENATE BILL 6346

          _______________________________________________

State of Washington   57th Legislature        2002 Regular Session

By Senators Kline, Finkbeiner, Haugen, Roach, Kastama, Hochstatter, Keiser and Winsley

Read first time 01/16/2002.  Referred to Committee on Judiciary.

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

    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.

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