SENATE BILL REPORT

SHB 2752

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

Senate Committee on Law & Justice

Senate Hearing Date(s):February 22, 1990; February 23, 1990

Majority Report:  Do pass as amended.

      Signed by Senators Nelson, Chairman; Hayner, Madsen, Newhouse, Niemi, Patrick, Rasmussen, Rinehart, Talmadge, Thorsness.

Senate Staff:Dick Armstrong (786-7460)

                  February 23, 1990

AS REPORTED BY COMMITTEE ON LAW & JUSTICE, FEBRUARY 23, 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:

It is a class C felony to knowingly possess visual or printed matter depicting a minor engaged in sexually explicit conduct.  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.

Appropriation:    none

Revenue:    none

Fiscal Note:      none requested

SUMMARY OF PROPOSED SENATE AMENDMENT:

A technical amendment is proposed to delete unnecessary language in the bill, since such language is presently part of the existing statute.

Senate Committee - Testified: Representative Moyer, original prime sponsor