HOUSE BILL REPORT

SHB 2752

As Amended by the Senate

BYHouse Committee on Judiciary (originally sponsored by Representatives Moyer, Jones, Padden, Wolfe, Hargrove, Wineberry, Rector, D. Sommers, Crane, Dellwo, Schmidt, Brumsickle, Winsley, Bowman, Kremen, Heavey, Tate, May, Brough, Kirby, Wood, Schoon, Todd and Day)

Pertaining to depictions of minors engaged in sexually explicit conduct.

House Committe on Judiciary

Majority Report:  The substitute bill be substituted therefor and the substitute bill do pass.  (13)

      Signed by Representatives Appelwick, Chair; Crane, Vice Chair; Padden, Ranking Republican Member; Forner, Hargrove, Inslee, P. King, R. Meyers, Moyer, H. Myers, D. Sommers, Tate and Wineberry.

House Staff:Regina Jones (786-7191)

AS PASSED HOUSE FEBRUARY 9, 1990

BACKGROUND:

Chapter 9.68A RCW governs crimes and punishments involving sexual exploitation of children.  The chapter defines sexually explicit conduct and other operative definitions to create a line between protected and prohibited conduct.  The provisions in the chapter are not intended to inhibit legitimate scientific, medical or educational activities.

A person who knowingly possesses visual or printed matter depicting a minor engaged in sexually explicit conduct is guilty of a gross misdemeanor. "Visual or printed matter" means any photograph or other material that contains a reproduction of a photograph.

SUMMARY:

Visual or printed matter depicting a minor engaged in sexually explicit conduct includes undeveloped film, photographic negative, photograph, motion picture, videotape, or any other pictorial reproduction in any form.

The Blue Ribbon Panel on Special Sexual Offender Sentencing Alternatives must consider whether individuals convicted of offenses involving child pornography or pornography should be eligible for treatment.

EFFECT OF SENATE AMENDMENTS:  The amendment deletes language in the bill that further defined "visual or printed matter."  The majority of the deleted language is presently contained in the chapter's definitions of "photograph" and "visual or printed matter."

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    Prime Sponsor.

House Committee - Testified Against:      No one.

House Committee - Testimony For:    We need to look at "before the fact" crimes of sexual predators as an indicator of the individual's potential dangerousness.  Child pornography is reprehensible.

House Committee - Testimony Against:      None.

VOTE ON FINAL PASSAGE:

      Yeas 93; Excused 5

Excused:    Representatives Ballard, Basich, Chandler, Gallagher, Sommers D.