FINAL BILL REPORT

SHB 1658

                                   C 32 L 89

BYHouse Committee on Judiciary (originally sponsored by Representatives Hargrove, Padden, Scott, Kremen, Brough, Bowman and P. King) 

Modifying the sexual exploitation of children statute.

House Committe on Judiciary

Senate Committee on Law & Justice

SYNOPSIS AS ENACTED

BACKGROUND:

State law prohibits various activities which involve children engaging in sexually explicit conduct.  The definition of "sexually explicit conduct" includes, but is not limited to, masturbation and exhibition of the genitals or unclothed pubic or rectal area of a minor for the purpose of sexual stimulation of the viewer.

A person who compels, or a parent who permits a minor to engage in sexually explicit conduct knowing that such conduct will be photographed or will be part of a live performance is guilty of sexual exploitation of a minor.  The offense is a class B felony if the minor is under 16 and a class C felony if a minor is 16 or 17 at the time of the offense.

A person who knowingly develops, sells or brings into the state, material depicting a minor under age 16 engaging in sexually explicit conduct is guilty of a class C felony.

A person who knowingly possesses material showing a minor under 16 engaged in sexually explicit conduct is guilty of a gross misdemeanor.

A person who processes material, such as film negatives, which shows minors under 16 engaged in sexually explicit conduct must report such incidents to the proper law enforcement agency.  Persons failing to do so are guilty of a misdemeanor.

A person who communicates with a minor under 18 for immoral purposes or patronizes a juvenile prostitute under 18 is guilty of a class C felony.

A specific "reasonable belief" defense is provided to the crimes of sexual exploitation of a minor, communicating with a minor for immoral purposes, and patronizing a juvenile prostitute.  The defense requires proof by a preponderance of the evidence that the defendant reasonably believed the minor to be over the requisite age based on the minor's declarations.  It is not a defense to the crime of sexual exploitation of a minor that the defendant was a law enforcement agent.  Minors may not be used to aid in investigation of the crimes of communicating with a minor for immoral purposes or patronizing a juvenile prostitute.

SUMMARY:

The statute prohibiting sexual exploitation of minors is amended.  The definition of prohibited sexually explicit conduct is modified to include exposure of the unclothed breast area of a female minor.  Masturbation is included in the definition whether or not the depiction is for the sexual stimulation of the viewer.

For purposes of criminal offenses involving sexual exploitation of children, the distinction between minors under 16 and minors under 18 is eliminated.  Offenses which previously applied only to minors under 16 apply to minors under 18.

The reasonable belief defense is extended to the crimes of selling or bringing into the state material depicting a minor engaging in sexually explicit conduct, but is no longer allowed as a defense to patronizing a juvenile prostitute.

It is a defense to the crimes of distributing, possessing, or bringing into the state material depicting a minor engaging in sexually explicit conduct that the defendant was a law enforcement agent in the process of conducting a criminal investigation of a sex-related crime against a minor.

VOTES ON FINAL PASSAGE:

      House 98   0

      Senate    47     0

EFFECTIVE:July 23, 1989