FINAL BILL REPORT

2SHB 1281

C 279 L 15

Synopsis as Enacted

Brief Description: Concerning the sexual exploitation of minors.

Sponsors: House Committee on Appropriations (originally sponsored by Representatives Sawyer, Orwall, Hurst, Blake, Stokesbary, Tarleton, Walsh, Kirby, Appleton, G. Hunt, Pettigrew, Jinkins, Carlyle, Fey, Ortiz-Self, Senn, Walkinshaw, Moeller, Kilduff, Robinson, Van De Wege, Stanford, Ryu, Lytton, Sells, Riccelli, Kagi, Bergquist, Clibborn, Santos, Buys and Gregerson).

House Committee on Public Safety

House Committee on Appropriations

Senate Committee on Law & Justice

Background:

A person commits the crime of Possession of Depictions of a Minor Engaged in Sexually Explicit Conduct when he or she knowingly possesses a visual or printed matter depicting a minor engaged in sexually explicit conduct.

Possession of Depictions of a Minor Engaged in Sexually Explicit Conduct is either a class B felony, punishable by up to 10 years in prison and a $20,000 fine, or a class C felony punishable by up to five years in prison and a $10,000 fine, depending on the content of the images.

The Washington State Internet Crimes Against Children Task Force (Task Force) is comprised of local, state, and federal law enforcement agencies working to identify, arrest, and convict those individuals who victimize children by way of the Internet. Crimes investigated by the unit include: Communication with a Minor for Immoral Purposes, Sexual Exploitation of a Minor, Possession of Depictions of Minors Engaged in Sexually Explicit Conduct, and Dealing in Depictions of Minors Engaged in Sexually Explicit Conduct. The Seattle Police Department is the lead agency for the Task Force, which is one of 61 such task forces in the United States funded by the United States Department of Justice.

A children's advocacy center is a child-focused facility in good standing with the state chapter for children's advocacy centers and that coordinates a multidisciplinary process for the investigation, prosecution, and treatment of sexual and other types of child abuse. Children's advocacy centers provide a location for forensic interviews and coordinate access to services such as medical evaluations, advocacy, therapy, and case review by multidisciplinary teams within the context of county protocols.

Summary:

A person convicted of Possession of Depictions of a Minor Engaged in Sexually Explicit Conduct must be assessed a fine of $1,000, for each conviction. The fees assessed must be deposited into the Child Rescue Fund (Fund).

The Fund is created in the custody of the State Treasurer. Only the Attorney General or his or her designee may authorize expenditures from the Fund. Twenty-five percent of the receipts must be granted to child advocacy centers and 75 percent of the receipts must be granted to the Task Force.

Votes on Final Passage: