BILL REQ. #:  S-3726.1 

Read first time 01/16/08.   Referred to Committee on Human Services & Corrections.

     AN ACT Relating to publishing the personal information of a minor or information describing the locations where minors may be found; adding a new section to chapter 9.68A RCW; adding new sections to chapter 4.24 RCW; and prescribing penalties.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 9.68A RCW to read as follows:
     (1) Any person or organization who publishes the personal information of a minor or information describing the locations where minors may be found, with the intent that another person use the information to commit a crime against a minor and the publication of the information is likely to aid in the imminent commission of a crime against a minor, is guilty of a gross misdemeanor.
     (2) For the purposes of this section:
     (a) "Locations where minors may be found" means any public facility or private facility whose primary purpose, at any time, is to provide for the education, care, or recreation of a minor.
     (b) "Minor" means any person under the age of eighteen.
     (c) "Personal information" means: The name of the public or private elementary, middle, or high school attended by a minor; a minor's school address, home address, home telephone number, cell phone number, and home e-mail address; directions to a minor's school or home; physical description of a minor; or photographs of a minor.
     (d) "Photograph" means anything tangible or intangible produced by photographing. To "photograph" means to make a print, negative, slide, digital image, motion picture, or videotape.
     (e) "Public facility" means a facility operated by a unit of local or state government, or by a nonprofit organization.
     (f) "Publish" means making information available to another person through any medium, including, but not limited to, the internet, the world wide web, or e-mail.
     

NEW SECTION.  Sec. 2   A new section is added to chapter 4.24 RCW to read as follows:
     (1) Whenever it appears that any person or organization is engaged in or about to engage in any act that constitutes or will constitute a violation of section 1 of this act, the prosecuting attorney or the parents or guardian of any minor harmed by an alleged violation of section 1 of this act may initiate a civil proceeding in superior court to enjoin such violation, and may petition the court to issue an order for the discontinuance of the publication of the information in violation of section 1 of this act.
     (2) An action under this section shall be brought in the county in which the violation is alleged to have taken place, and shall be commenced by the filing of a verified complaint, or shall be accompanied by an affidavit.
     (3) If it is shown to the satisfaction of the court, either by verified complaint or affidavit, that a person or organization is engaged in or about to engage in any act that constitutes a violation of section 1 of this act, the court may issue a temporary restraining order to abate and prevent the continuance or recurrence of the act.
     (4) The court may issue a permanent injunction to restrain, abate, or prevent the continuance or recurrence of the violation of section 1 of this act. The court may grant declaratory relief, mandatory orders, or any other relief deemed necessary to accomplish the purposes of the injunction. The court may retain jurisdiction of the case for the purpose of enforcing its orders.
     

NEW SECTION.  Sec. 3   A new section is added to chapter 4.24 RCW to read as follows:
     The parents or guardian of any minor whose personal information is published in violation of section 1 of this act and who suffers damages as a result of such conduct may bring an action against the person or organization who publishes such information, for actual damages sustained plus damages in an amount not to exceed one thousand dollars for each day the personal information was published, and reasonable attorneys' fees and costs.
     

NEW SECTION.  Sec. 4   If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.