S-3550.1  _______________________________________________

                         SENATE BILL 6115

          _______________________________________________

State of Washington      55th Legislature     1998 Regular Session

By Senators Fairley, Swecker, Kohl and Winsley

Read first time 01/12/98.  Referred to Committee on Law & Justice.

Prohibiting certain behaviors related to sexual exploitation of children.

    AN ACT Relating to sexual exploitation of children; amending RCW 9.68A.011 and 9.68A.040; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

    Sec. 1.  RCW 9.68A.011 and 1989 c 32 s 1 are each amended to read as follows:

    Unless the context clearly indicates otherwise, the definitions in this section apply throughout this chapter.

    (1) To "photograph" means to make a print, negative, slide, motion picture, or videotape.  A "photograph" means any tangible item produced by photographing.

    (2) "Visual or printed matter" means any photograph or other material that contains a reproduction of a photograph.

    (3) "Sexually explicit conduct" means actual or simulated:

    (a) Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex or between humans and animals;

    (b) Penetration of the vagina or rectum by any object;

    (c) Masturbation;

    (d) Sadomasochistic abuse ((for the purpose of sexual stimulation of the viewer));

    (e) Exhibition of the genitals or unclothed pubic or rectal areas of any minor, or the unclothed breast of a female minor, for the purpose of sexual stimulation of the viewer;

    (f) Defecation or urination for the purpose of sexual stimulation of the viewer; and

    (g) Touching of a person's clothed or unclothed genitals, pubic area, buttocks, or breast area for the purpose of sexual stimulation of the viewer.

    (4) "Minor" means any person under eighteen years of age.

    (5) "Live performance" means any play, show, skit, dance, or other exhibition performed or presented to or before an audience of one or more, with or without consideration.

    Sec. 2.  RCW 9.68A.040 and 1989 c 32 s 2 are each amended to read as follows:

    (1) A person is guilty of sexual exploitation of a minor if the person:

    (a) Compels a minor by threat or force to engage in sexually explicit conduct, knowing that such conduct will be photographed or part of a live performance;

    (b) Aids, invites, employs, authorizes, or causes a minor to engage in sexually explicit conduct, knowing that such conduct will be photographed or part of a live performance; ((or))

    (c) Being a parent, legal guardian, or person having custody or control of a minor, permits the minor to engage in sexually explicit conduct, knowing that the conduct will be photographed or part of a live performance; or

(d) Secretly photographs a minor engaging in sexually explicit conduct for the purpose of sexual stimulation of any person.

    (2) Sexual exploitation of a minor is a class B felony punishable under chapter 9A.20 RCW.

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