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.
