Working to transform the child welfare system.

Bills

HB 1742: Concerning juvenile offenses that involve depictions of minors

This bill establishes the Responsible Teen Communications Act.

The legislature determines that the exchange of intimate images by minors is increasingly common, and such actions may lead to harm and long-term consequences. Therefore, this bill intends to develop age-appropriate prevention and interventions to prevent harm and to hold youth accountable who harm others through exchange of intimate images.

A multitude of stakeholders are included in this act, including the WA Coalition of Sexual Assault Programs and DCYF, in order to organize a work group to make recommendations regarding age-appropriate prevention and intervention strategies to address potential harms caused by the exchange of intimate images by minors by December 1st, 2019.

Section 3 of this bill amends RCW 9.68A.050 to specify that individuals affected under this section are 18 years of age or older, thus removing minors from this chapter.

However, a new section is added to RCW 9.68A to include that:

  • A person under 18 commits the crime of a minor dealing in depictions of another minor 13 years of age or older engaged in sexually explicit conduct in the first or second degree when he/she knowingly distributes, publishes, transfers, disseminates, or exchanges a visual or printed matter that depicts another minor 13 years of age or older in an act of sexually explicit conduct;
    • This is considered a gross misdemeanor.
  • A person under age 18 commits the crime of minor dealing in depictions of another minor 12 years of age or younger engaged in sexually explicit conduct in the first or second degree when he/she knowingly distributes, publishes, transfers, disseminates, or exchanges a visual or printed matter that depicts another minor 12 years of age or younger in an act of sexually explicit conduct;
    • This is considered a class B felony punishable under RCW chapter 9A.20.
  • Minor financing or selling depictions of another minor engaged in sexually explicit conduct is a class B felony as well.

This section does not apply to a person under 18 years of age who finances, sells, develops, duplicates, publishes, prints, exchanges or possesses a visual or printed matter that depicts themselves engaged in an act of sexually explicit conduct.

Furthermore, RCW 9.68A.060 and 9.68A.070 are amended to exclude minors. RCW 9.68A.075 is amended to include that this section does not apply to a minor who intentionally views visual or printed matter depicting a minor 13 years or older engaged in sexually explicit conduct or themselves.

Finally, new sections are added to RCW chapters 9.68A and 9A.86 to include that any minor who possesses any depictions of any other minor engaged in an act of sexually explicit conduct or intimate images forfeits any right to continued possession and any court exercising jurisdiction shall order forfeiture of the depictions or images to the custody of law enforcement.

Amendements:

Updated on 4.12.19:

1st substitute:

  • Removes the criminal exemption for minors selling a visual or printed matter that depicts himself or herself engaged in an act of sexually explicit conduct and creates a misdemeanor offense for that conduct.

Requires prosecutors to divert an individual’s first offense for a minor selling depictions of himself or herself engaged in sexually explicit conduct.