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               BILL REQUEST - CODE REVISER'S OFFICE

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BILL REQ. #:        H-4572.2/00 2nd draft

ATTY/TYPIST:        SCG:seg

BRIEF DESCRIPTION:

1464-S AMH SOMH H4572.2

SHB 1464 - H AMD

By Representative H. Sommers

    Strike everything after the enacting clause and insert the following:

    "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, digital image, motion picture, or videotape.  A "photograph" means ((any)) anything tangible ((item)) or intangible 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.080 and 1989 c 32 s 6 are each amended to read as follows:

(1) A person who, in the course of processing or producing visual or printed matter either privately or commercially, has reasonable cause to believe that the visual or printed matter submitted for processing or producing depicts a minor engaged in sexually explicit conduct shall immediately report such incident, or cause a report to be made, to the proper law enforcement agency.  Persons failing to do so are guilty of a gross misdemeanor.

(2) If, in the course of repairing, modifying, or maintaining a computer that has been submitted either privately or commercially for repair, modification, or maintenance, a person has reasonable cause to believe that the user of the computer has knowingly stored visual or printed matter that depicts a minor engaged in sexually explicit conduct, the person performing the repair, modification, or maintenance may report such incident, or cause a report to be made, to the proper law enforcement agency.  A person who has made a report in good faith under this section is immune from liability resulting from the report or testimony."

    Correct the title.

EFFECT:  Authorizes (but does not require) a person who, in the course of repairing a computer that has been submitted for repair, believes that the user of the computer has knowingly stored matter that depicts a minor engaged in sexually explicit conduct to make a report to the police.  The original bill mandated that the person repairing such a computer to make a report to the police; violation of this law was a gross misdemeanor.

    Adds an immunity clause to ensure that a person who makes such a report in good faith is immune from liability resulting from the report or testimony.

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