BILL REQ. #:  S-0034.1 

Read first time 01/15/09.   Referred to Committee on Judiciary.

     AN ACT Relating to the definition of sexually explicit conduct; and amending RCW 9.68A.011.

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

Sec. 1   RCW 9.68A.011 and 2002 c 70 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 anything tangible 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)) Depicting of or revealing 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. For purposes of this subsection (3)(e), it is not necessary that the minor know that he or she is participating in the described conduct, or any aspect of it;
     (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.