BILL REQ. #:  S-4588.2 

READ FIRST TIME 02/06/08.   

     AN ACT Relating to preventing conduct that is intended to provide a person the information necessary to commit a pedophilic act; adding a new section to chapter 9A.44 RCW; creating a new section; and prescribing penalties.

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

NEW SECTION.  Sec. 1   (1) The legislature finds:
     (a) The sexual abuse of a child is a most serious crime and an act repugnant to moral instincts;
     (b) A pedophile is a person who has fantasies, urges, or behaviors that involve sexual activity with a child, generally under thirteen years of age; and
     (c) When a person acts on a pedophilic urge, he or she has committed a criminal act against the most vulnerable segment of our society, children. Pedophiles have a high rate of recidivism, that is, they tend to repeat their acts often over time. The main method for preventing pedophilia is avoiding situations that may promote pedophilic acts.
     (2) It is the intent of the legislature to criminalize conduct that is intended to provide a person the information necessary to commit a pedophilic act.

NEW SECTION.  Sec. 2   A new section is added to chapter 9A.44 RCW to read as follows:
     (1) Every person who knowingly publishes information, including via the internet, relating to the location of children or a place where children regularly gather, or the specific time and location in which a particular child may be found, for the purpose of arousing or gratifying the sexual desire of any person, is guilty of a gross misdemeanor. It is a defense to a charge against an internet service provider or social networking site that the internet service provider or social networking site had only constructive knowledge and not actual knowledge.
     (2) If a person is convicted of a violation of this section, the court may order:
     (a) The removal of any information relating to the location of a child, and the destruction or removal of any photograph, motion picture film, digital image, videotape, or any other recording of an image that was made by the person and posted on the internet in connection therewith; and
     (b) An internet service provider to permanently remove from its server any web page containing information relating to the location of a child, and any photograph, motion picture film, digital image, videotape, or any other recording of an image of the child.
     (3) Nothing in this section shall prevent a parent or guardian of a child who believes that a web page may be in violation of this section from seeking an ex parte court order for permanent injunctive relief to remove that web page.
     (4) It is not a defense to prosecution under this section that the information includes a specific disclaimer of intention to incite a sexual offense against a minor if it is clear from the overall character of the communication that its purpose is to promote the commission of a sexual offense against a minor.
     (5) For the purposes of this section, "child" means any person under thirteen years of age.