This browser does not support the Video element.
WA bill aims to strengthen child sex abuse laws
A Washington bill to hold offenders accountable for generating explicit images of children with AI is now headed to the governor's desk.
SEATTLE - A new bill aimed at strengthening Washington’s child sex abuse laws is now headed to the governor’s desk. A key part of the proposal holds offenders accountable who generate or possess sexually explicit AI depictions of non-identifiable minors.
Senate Bill 5105 passed unanimously in the House and Senate. Senators Manka Dhingra and Tina Orwall sponsored the bill, in partnership with the King County Prosecuting Attorney’s Office.
Prosecutors said they are seeing an increase in cases involving sexually explicit images of children. They said advancements in technology, including artificial intelligence, are fueling the rise in cases.
New WA law targets AI images
What they're saying:
"Everyone uses it for everything, and so it’s only natural that, of course, offenders are using it for their offensive behavior," said Laura Harmon, senior deputy prosecuting attorney.
Sen. Orwall worked with prosecutors and law enforcement on SB 5105. During a House Community Safety Committee meeting, Orwall said agencies are seeing explicit images of children "becoming more violent and more graphic."
"We can only do so much, and we can only pursue so many cases as law enforcement can refer to us. But it is such a massive problem, we’re only able to get the tip of the iceberg," said Harmon.
"Laura has more than 150 active cases on her desk. This happens every day in our community," said Leesa Manion, King County Prosecuting Attorney.
Fixing WA's child sex abuse laws
Dig deeper:
SB 5105 aims to change what supporters said were "unconscionable" laws in Washington.
Under the existing law, Harmon said prosecutors cannot charge offenders for creating images of child sexual abuse unless the child was conscious or knew they were being recorded.
"It has been the law in this state for 30 years. It has been a long, long time for us to fix that very simple and very clear problem," said Harmon.
Also, under current state law, sexually explicit AI images of non-identifiable minors are not considered abusive material.
"One of my greatest concerns as AI has just become more and more prevalent is that folks will be able to say, ‘I have these pictures on my computer, but I thought they were all AI, so you can’t hold me legally accountable’," said Harmon.
The bill would expand the legal definition of child sex abuse material to include generative AI images.
"Regardless of whether they thought it was real or they thought it was AI, we can still prove beyond a reasonable doubt that they possessed them," said Harmon.
The bill would also remove the requirement that a child be aware of the recording.
"We now have the ability to hold people accountable, particularly when we look at the gaps in the existing law," said Manion. "No one would expect that a child victim has to be aware that the adult predator is filming them in order for prosecutors to hold that adult accountable. So, this change in the law addresses that."
When filing charges in child sex abuse cases, SB 5105 would extend the statute of limitations from three years to 10.
"I think the real winners in this legislative change are the child victims," said Manion. "People who peddle in the misery of sexually abused children must be held accountable."
What's next:
The bill awaits the governor’s signature. If signed into law, the changes would significantly expand prosecutors’ ability to pursue these cases and hold offenders accountable.
"I am extremely passionate about these cases. I’ve been working exclusively on them for about six years now as the task force attorney statewide," said Harmon. "I think it’s super important to represent those who are most vulnerable and children absolutely fit the bill."
MORE TOP STORIES FROM FOX 13 SEATTLE
Seattle technology hub in limbo as federal rules threaten visa hiring pipeline
Family shot during WA domestic violence incident, suspect killed by police
‘Stuff of my worst nightmares’: Seattle Iranian American fears for family in Iran
2 injured, 1 arrested after rock thrower pelts cars in South Seattle
$130,000 in designer purses, jewelry stolen in Seattle burglary
To get the best local news, weather and sports in Seattle for free, sign up for the daily FOX Seattle Newsletter.
Download the free FOX LOCAL app for mobile in the Apple App Store or Google Play Store for live Seattle news, top stories, weather updates and more local and national news.
The Source: Information in this story comes from original reporting by FOX 13 Seattle reporter Franque Thompson.