Bill Closing Child Sex Abuse Material Loopholes Heads to Ferguson’s Desk After Unanimous Passage

Manion’s office said current state law has gaps that prevent prosecutors from holding offenders accountable in some cases. Under current law, prosecutors cannot charge defendants for creating images of child sex abuse unless the child victim was conscious or knew they were being recorded. The office also said possessing sexually explicit fabricated AI images of non-identifiable minors is not considered child sex abuse material under Washington law.

The bill would update state law to remove the requirement that a child be aware of an abusive recording. It would also update the definition of child sex abuse material to include fabricated AI images of non-identifiable minors. The legislation would also increase the statute of limitations to 10 years for depiction crimes. Manion’s office said the current statute of limitations is three years and argued that because images can remain online indefinitely, victims can be re-traumatized for decades.

The unanimous passage reflects rare bipartisan agreement on addressing child exploitation in an era when AI technology has made creating fabricated images easier and prosecutors struggle to apply laws written before such technology existed. The bill closes loopholes that allowed offenders to escape charges by arguing victims were unconscious or unaware when abused.