wa-law.org > bill > 2023-24 > SB 6184 > Original Bill

SB 6184 - Deepfake AI material/minors

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Section 1

As used in this chapter:

Section 2

Unless the context clearly indicates otherwise, the definitions in this section apply throughout this chapter.

  1. An "internet session" means a period of time during which an internet user, using a specific internet protocol address, visits or is logged into an internet site for an uninterrupted period of time.

  2. To "photograph" means to make a print, negative, slide, digital image, motion picture, or videotape. A "photograph" means anything tangible or intangible produced by photographing.

  3. "Visual or printed matter" means any photograph or other material that contains a reproduction of a photograph.

  4. "Sexually explicit conduct" means actual or simulated:

    1. Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex or between humans and animals;

    2. Penetration of the vagina or rectum by any object;

    3. Masturbation;

    4. Sadomasochistic abuse;

    5. Defecation or urination for the purpose of sexual stimulation of the viewer;

    6. Depiction of the genitals or unclothed pubic or rectal areas of any minor, or the unclothed breast of a female minor, for the purpose of sexual stimulation of the viewer. For the purposes of this subsection (4)(f), it is not necessary that the minor know that he or she is participating in the described conduct, or any aspect of it; and

    7. Touching of a person's clothed or unclothed genitals, pubic area, buttocks, or breast area for the purpose of sexual stimulation of the viewer.

  5. "Minor" means any person under eighteen years of age.

  6. "Live performance" means any play, show, skit, dance, or other exhibition performed or presented to or before an audience of one or more, with or without consideration.

  7. [Empty]

    1. "Indistinguishable from an actual and identifiable minor" means a reasonable person would conclude that the image is of an actual and identifiable minor.

    2. "Indistinguishable from an actual and identifiable minor" includes a computer-generated image that has been created, adapted, or modified to appear as an actual and identifiable minor.

    3. "Indistinguishable from an actual and identifiable minor" does not include images or items depicting minors that are:

      1. Drawings;

      2. Cartoons;

      3. Sculptures; or

    1. Paintings.

Section 3

Section 4

  1. A person commits the crime of generating obscene images if the person:

    1. Knowingly creates or possesses and retains a film, videotape, photograph, or other visual representation showing a computer-generated image that is indistinguishable from an actual and identifiable minor under the age of 16 years:

      1. Engaged as a subject of sadomasochistic abuse; or

      2. Engaged in sexually explicit conduct; or

    2. Knowingly accesses and views a film, videotape, photograph, or other visual representation showing a computer-generated image that is indistinguishable from an actual and identifiable minor under the age of 16 years:

      1. Engaged as a subject of sadomasochistic abuse; or

      2. Engaged in sexually explicit conduct.

  2. The crime of generating obscene images:

    1. Is a gross misdemeanor on the first offense; or

    2. Is a class C felony if the defendant has one or more prior convictions for generating obscene images.

  3. Nothing in this section may be construed to prohibit a parent from possessing visual representations of the parent's own child unless the visual representations show the child engaged:

    1. As a subject of sadomasochistic abuse; or

    2. In sexually explicit conduct.

  4. It is an affirmative defense to a charge of violating this section that the person promptly and in good faith:

    1. Took reasonable steps to destroy each visual representation; or

    2. Reported the matter to a law enforcement agency.

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