HOUSE BILL REPORT

HB 1658

BYRepresentatives Hargrove, Padden, Scott, Kremen, Brough, Bowman and P. King 

Modifying the term minor to mean anyone under the age of eighteen for purpose of the sexual exploitation of children statute.

House Committe on Judiciary

Majority Report:  The substitute bill be substituted therefor and the substitute bill do pass.  (17)

      Signed by Representatives Appelwick, Chair; Crane, Vice Chair; Padden, Ranking Republican Member; Belcher, Brough, Dellwo, Hargrove, Inslee, R. Meyers, Moyer, H. Myers, Patrick, Schmidt, Scott, D. Sommers, Tate and Wineberry.

House Staff:Steve Masciocchi (786-7377)

AS REPORTED BY COMMITTEE ON JUDICIARY FEBRUARY 28, 1989

BACKGROUND:

Chapter 9.68A RCW prohibits 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. Criminal penalties are provided as follows:

(1) A person who compels or causes, 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 over 16 at the time of the offense.

(2) A person who knowingly develops, publishes, sells, or distributes (or who possess with intent to do any of the above) any material depicting a minor under age 16 engaging in sexually explicit conduct is guilty of a class C felony.

(3) A person who knowingly sends or brings into this state any material depicting a minor under 16 engaging in sexually explicit conduct is guilty of a class C felony.

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

(5) A person who processes material 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.

(6) 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.

It is a defense to the crime of sexual exploitation of a minor and to the crimes of distributing, possessing, or bringing into the state material which depicts minors engaging in sexually explicit conduct if the defendant proves by a preponderance of the evidence that he or she 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:

SUBSTITUTE BILL:  The definition of sexually explicit conduct is modified to include exposure of the unclothed breast area of a 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.  Sexual exploitation is a class B felony for any minor under 18.

Offenses which currently apply only to minors under 16 apply to minors under 18.

The reasonable belief defense is extended to the crimes of distributing or bringing into the state material depicting a minor engaging in sexually explicit conduct, but is no longer 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 sexual 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.

SUBSTITUTE BILL COMPARED TO ORIGINAL:  The substitute clarifies that the meaning of sexually explicit conduct includes exhibition of the unclothed breast of a female minor.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    Chris Quinn-Britnall, WAPA; Helen Johnson; Muriel McKray.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    The bill harmonizes state law with federal law.  The bill addresses the problem of topless dancers under age 18.  Children should be protected from sexual exploitation.

House Committee - Testimony Against:      None Presented.