Washington State House of Representatives Office of Program Research | BILL ANALYSIS |
Public Safety & Emergency Preparedness Committee |
ESB 6257
This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent. |
Brief Description: Addressing a sexually explicit act.
Sponsors: Senators Roach, Conway, Swecker, Fraser, Pflug, Kohl-Welles, Eide, Delvin, Stevens, Padden, Regala, Chase, Tom, Kastama, Haugen, Litzow, Brown, Kline, Shin, Nelson and Keiser.
Brief Summary of Engrossed Bill |
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Hearing Date: 2/15/12
Staff: Sarah Koster (786-7303).
Background:
Promoting Commercial Sexual Abuse of a Minor.
A person is guilty of Promoting Commercial Sexual Abuse of a Minor if he or she knowingly advances Commercial Sexual Abuse of a Minor or profits from a minor engaged in sexual conduct, meaning sexual intercourse or sexual contact.
"Advancing Commercial Sexual Abuse of a Minor" is defined as causing or aiding a person to commit or engage in Commercial Sexual Abuse of a Minor, procuring or soliciting customers for Commercial Sexual Abuse of a Minor, providing persons or premises for the purposes of engaging in Commercial Sexual Abuse of a Minor, operating or assisting in the operation of a house or enterprise for the purposes of engaging in Commercial Sexual Abuse of a Minor, or engaging in any other conduct designed to institute, aid, cause, assist, or facilitate an act or enterprise of Commercial Sexual Abuse of a Minor.
Promoting Commercial Sexual Abuse of a Minor is a class A felony.
Trafficking.
A person is guilty of Trafficking in the first degree when he or she:
recruits, harbors, transports, transfers, provides, obtains, or receives by any means another person knowing that force, fraud, or coercion will be used to cause the person to engage in forced labor, involuntary servitude, or a commercial sex act; or
benefits financially or by receiving anything of value from participation in a venture that has engaged in the acts described above and the acts:
(a) involve committing or attempting to commit kidnapping;
(b) involve a finding of sexual motivation under RCW 9.94A.835; (c) involve the illegal harvesting or sale of human organs; or (d) result in a death.
Trafficking in the first degree is a class A felony.
A person is guilty of Trafficking in the second degree when he or she:
recruits, harbors, transports, transfers, provides, obtains, or receives another person knowing that force, fraud, or coercion will be used to cause the person to engage in forced labor, involuntary servitude, or a commercial sex act; or
benefits financially or by receiving anything of value from participation in a venture that has engaged in the acts described above.
Trafficking in the second degree is a class A felony.
Summary of Bill:
"Sexually explicit act" is defined as a public, private, or live photographed, recorded, or videotaped act or show intended to arouse or satisfy the sexual desires or appeal to the prurient interests of patrons.
Promoting Commercial Sexual Abuse of a Minor.
A person is guilty of Promoting Commercial Sexual Abuse of a Minor if he or she knowingly advances commercial sexual abuse of a minor or a sexually explicit act or profits from a minor engaged in sexual conduct or a sexually explicit act.
Trafficking.
A person is guilty of Trafficking in the first degree when he or she:
recruits, harbors, transports, transfers, provides, obtains, or receives by any means another person knowing that force, fraud, or coercion will be used to cause the person to engage in forced labor, involuntary servitude, a sexually explicit act, or a commercial sex act; or
benefits financially or by receiving anything of value from participation in a venture that has engaged in the acts described above and the acts:
(a) involve committing or attempting to commit kidnapping;(b) involve a finding of sexual motivation;(c) involve the illegal harvesting or sale of human organs; or(d) result in a death.
A person is guilty of Trafficking in the second degree when he or she:
recruits, harbors, transports, transfers, provides, obtains, or receives another person knowing that force, fraud, or coercion will be used to cause the person to engage in forced labor, involuntary servitude, a sexually explicit act, or a commercial sex act; or
benefits financially or by receiving anything of value from participation in a venture that has engaged in the acts described above.
Appropriation: None.
Fiscal Note: Requested on February 13, 2012.
Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.