SENATE BILL REPORT
SB 5094
As of January 9, 2025
Title: An act relating to sexually explicit depictions of minors.
Brief Description: Concerning sexually explicit depictions of minors.
Sponsors: Senators Dhingra, Wagoner, Holy, Salomon, Wellman, Trudeau, Cleveland, Bateman, Wilson, C. and Chapman.
Brief History:
Committee Activity: Law & Justice: 1/16/25.
Brief Summary of Bill
  • Eliminates the requirement that a minor must be identifiable for certain offenses involving fabricated depictions of minors engaged in sexually explicit conduct.
  • Increases the statute of limitations for certain offenses involving depictions of a minor engaged in sexually explicit conduct.
  • Expands the crime of sexual exploitation of a minor.
SENATE COMMITTEE ON LAW & JUSTICE
Staff: Ryan Giannini (786-7285)
Background:

Depictions of a Minor Engaged in Sexually Explicit Conduct. Under state law, a person may be charged with a range of criminal offenses if the person deals in, sends or brings into the state, possesses, or views a depiction of a minor engaged in sexually explicit conduct.? These offenses generally regulate applicable visual or printed matter and internet sessions where a user views such matter. Visual or printed matter includes fabricated depictions of an identifiable minor.?

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Different offenses or penalties may apply depending on the ages of the perpetrator and the depicted minor.

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Statute of Limitations for Offenses Involving Depictions of a Minor Engaged in Sexually Explicit Conduct. A statute of limitations provides an authorized period of time for initiating a prosecution after a crime is committed.? Once the applicable statute of limitations has expired, a prosecutor is barred from bringing charges against the alleged perpetrator.? Statutes of limitation vary according to the crime.

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Felony offenses related to dealing in, sending or bringing into the state, possessing, and viewing depictions or fabricated depictions of a minor engaged in sexually explicit conduct are considered sex offenses and must be prosecuted within three years of the commission of the crime.

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In a prosecution for a sex offense, the applicable statute of limitations begins to run from whichever of the following dates is later:

  • the date the crime was committed; or
  • four years from the date the identity of the suspect is conclusively established by DNA testing or by photograph.

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Sexual Exploitation of a Minor. A person commits the offense of sexual exploitation of a minor if the person:

  • compels a minor by threat or force to engage in sexually explicit conduct, knowing that such conduct will be photographed or part of a live performance;
  • aids, invites, employs, authorizes, or causes a minor to engage in sexually explicit conduct, knowing that such conduct will be photographed or part of a live performance; or
  • permits a minor to engage in sexually explicit conduct, knowing that the conduct will be photographed or part of a live performance, when the person is a parent, legal guardian, or person with custody or control of the minor.

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Sexual exploitation of a minor is a class B felony.
Summary of Bill:

Minors do not need to be identifiable for purposes of criminal liability for offenses related to fabricated depictions of minors engaged in sexually explicit conduct.

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The statute of limitations is increased from three years to ten years for offenses related to dealing in, sending or bringing into the state, possessing, and viewing?depictions of a minor engaged in sexually explicit conduct.?

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The crime of sexual exploitation of a minor is expanded to include instances where a person knowingly causes an unconscious or unaware minor to be photographed or part of a live performance which depicts the minor engaged in sexually explicit conduct.
Appropriation: None.
Fiscal Note: Requested on January 6, 2024.
Creates Committee/Commission/Task Force that includes Legislative members: No.
Effective Date: Ninety days after adjournment of session in which bill is passed.