Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

Public Safety Committee

HB 2533

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Brief Description: Protecting minors from sexual exploitation.

Sponsors: Representatives Kilduff, Caldier, Sawyer, Orwall, Appleton, Jinkins, Van De Wege, Reykdal, Frame, McBride, Ormsby, Farrell, Gregerson and Stanford.

Brief Summary of Bill

  • Assesses a fine of $1,000 for each conviction of Dealing in Depictions of a Minor Engaged in Sexually Explicit Conduct and Sending or Bringing into the State Depictions of a Minor Engaged in Sexually Explicit Conduct.

Hearing Date: 1/27/16

Staff: Kelly Leonard (786-7147).

Background:

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

A person commits the crime of Dealing in Depictions of a Minor Engaged in Sexually Explicit Conduct in the first degree or second degree when he or she knowingly develops, duplicates, publishes, prints, disseminates, exchanges, finances, attempts to finance, or sells a visual or printed matter that depicts a minor engaged in sexually explicit conduct. The crime is also committed when a person possesses the visual or printed matter with the intent to develop, duplicate, publish, print, disseminate, exchange, or sell it.

A person commits the crime of Sending or Bringing into the State Depictions of a Minor Engaged in Sexually Explicit Conduct in the first or second degree when he or she knowingly sends or causes to be sent, or brings or causes to be brought, into this state for sale or distribution, a visual or printed matter that depicts a minor engaged in sexually explicit conduct.

The degree of the crime and the class of felony depends on the type of conduct depicted.

Child Rescue Fund. In 2015, the Legislature created a new fine for convictions of Possession of Depictions of a Minor Engaged in Sexually Explicit Conduct in the first and second degrees. A defendant is assessed a fine of $1,000. The fee is deposited into the Child Rescue Fund. Twenty-five percent of the receipts are disbursed to child advocacy centers and 75 percent of the receipts are disbursed to the Washington State Internet Crimes Against Children Task Force.

Summary of Bill:

A $1,000 fine is assessed for each conviction of Dealing in Depictions of a Minor Engaged in Sexually Explicit Conduct in the first degree or second degree and Sending or Bringing into the State Depictions of a Minor Engaged in Sexually Explicit Conduct in the first or second degree. The fees are deposited into the Child Rescue Fund.

Appropriation: None.

Fiscal Note: Requested on January 19, 2016.

Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.