WashingtonWashington law covers fabricated sexual depictions of minors
Washington law defines digitally made or altered sexual depictions of minors and says prosecutors need not prove a depicted child exists in cases involving them.
What it does
The law defines a fabricated depiction as material digitally made or altered to show a minor in sexually explicit conduct. The minor must be identifiable, or the material must be obscene.
In cases involving fabricated depictions, prosecutors do not have to prove that the depicted minor exists. Not knowing that the image was digitally made or altered, or that the minor does not exist, is no defense.
Argument forProsecutors could pursue cases involving fabricated depictions without having to identify a real child or prove that one exists.
Argument againstPeople could face serious criminal charges over fabricated depictions even when no real child exists, and not knowing that the image was altered or that the child does not exist is no defense.
More detail
The law defines when digitally made or altered material counts as a fabricated depiction of a minor. The definition covers visual or printed material made or altered using images of another person or computer-generated images, by hand or through an automated process. The material must show a minor in sexually explicit conduct, and the minor must be identifiable from the material or connected information, or the material must be obscene.
In cases involving fabricated depictions, prosecutors need not prove that the depicted minor exists. This rule applies to cases involving dealing in, possessing, sending into Washington, or intentionally viewing covered depictions, and certain offenses involving minors who deal in depictions. A defendant's lack of knowledge that the material was digitally made or altered, or that the depicted minor exists, is not a defense.
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Where it stands
- Introduced
- Passed Senate
- Passed House
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Mar 25Effective date 6/11/2026.Latest
- Mar 25Chapter 223, 2026 Laws.Major
- Mar 25Governor Bob Ferguson signed.Became Law
- Mar 9Delivered to Governor.To Governor
- Mar 5Speaker signed.Passed House
- Mar 4President signed.Passed Senate
- Mar 3Third reading, passed; yeas, 93; nays, 0; absent, 0; excused, 5.Minor
- Vote recorded 3rd Reading & Final Passage (#22). Result: pass.Lower
- Mar 3Rules suspended. Placed on Third Reading.Minor
- Mar 2Rules Committee relieved of further consideration. Placed on second reading.Minor
- Feb 25Referred to Rules 2 Review.Minor
- Feb 24CS - Majority; do pass.Minor
- Feb 24Executive action taken in the House Committee on Community Safety at 4:00 PM.
- Feb 19Public hearing in the House Committee on Community Safety at 8:00 AM.
- Jan 30First reading, referred to Community Safety.Minor
- Jan 28Third reading, passed; yeas, 49; nays, 0; absent, 0; excused, 0.Minor
- Vote recorded 3rd Reading & Final Passage (#7). Result: pass.Upper
- Jan 28Rules suspended. Placed on Third Reading.Minor
- Jan 28Floor amendment(s) adopted.
- Jan 28Returned to second reading for amendment.
- Jan 28Rules suspended.
- Jan 21Placed on third reading by Rules Committee.Minor
- Jan 12By resolution, reintroduced and retained in present status.
- 2025
- Apr 27By resolution, returned to Senate Rules Committee for third reading.
- Apr 2Referred to Appropriations.Minor
- Mar 31Minority; without recommendation.Minor
- Mar 31CS - Majority; do pass with amendment(s).Minor
- Mar 31Executive action taken in the House Committee on Community Safety at 1:30 PM.
- Mar 17Public hearing in the House Committee on Community Safety at 1:30 PM.
- Feb 7First reading, referred to Community Safety.Minor
- Feb 5Third reading, passed; yeas, 49; nays, 0; absent, 0; excused, 0.Minor
- Vote recorded 3rd Reading & Final Passage (#18). Result: pass.Upper
- Feb 5Rules suspended. Placed on Third Reading.Minor
- Feb 5Floor amendment(s) adopted.
- Feb 51st substitute bill substituted (LAW 25).Major
- Jan 29Placed on second reading by Rules Committee.Minor
- Jan 24Passed to Rules Committee for second reading.
- Jan 23LAW - Majority; 1st substitute bill be substituted, do pass.Major
- Jan 23Executive action taken in the Senate Committee on Law & Justice at 10:30 AM.
- Jan 16Public hearing in the Senate Committee on Law & Justice at 10:30 AM.
- Jan 13First reading, referred to Law & Justice.Minor
- 2024
- Dec 23Prefiled for introduction.Introduced
Criminal Justice