The Capitol Building is seen Monday, Jan. 8, 2018 in Olympia.
The state Senate a week ago passed legislation amending state law to reduce charges against teens over 12 years old for sending, producing or viewing sexually explicit material of other teens over 12 years old from a felony to a misdemeanor charge.
According to a news release from the Washington state Senate Democrats, the changes reflect the distinction between the sending of sexually explicit images by teens, as opposed to distributing such materials through malicious intent.
The legislation was introduced by Sen. Manka Dhingra, D-Redmond. Under current law, any minor sending an image of themselves to another person of their own age could face felony charges and penalties of up to five years in prison and mandatory sex offender registration, even if it was there own picture and there is no malicious intent.
“As a parent knows, kids sometimes make mistakes,” Dhingra said in a release. “We hope the mistakes they make become opportunities for learning and growth. Children today face a new set of challenges as evolving technologies have opened the door to mistakes than can haunt them for the rest of their lives.”
The bill adds language to existing state law regarding dealing in depictions of minors engaged in sexually explicit conduct.
The new section states that the crime, a class B felony, shall not apply to a minor who shares an image of themselves to another minor over 12 years old, according to the bill and the Senate Democrats. In that case, the minor could be found guilty of a misdemeanor instead.
The bill, Senate Bill 6566, does not alter harassment protections or a prosecutor’s ability to make an allegation of “sexual motivation,” according to the Senate Democrats.
“Teenagers should not be labeled sex offenders and felons for sending intimate pictures of themselves to someone they know,” Dhingra said in a statement. “This bill ensures that kids are held responsible but have the opportunity to learn and recover from their mistakes, while still holding accountable those who distribute explicit photos of others.”
The bill also establishes a workgroup to study the effects of the exchange of intimate photos by minors and to report its findings to the legislature.
The bill passed with a vote of 31 to 16.
It will have to pass in the House to become law.
