In one paragraph
Washington's Chapter 223, Laws of 2026 (2ESSB 5105) responds to AI-generated child sexual abuse material. It redefines "digitization" to include computer-generated images and alteration using artificial intelligence, and extends "fabricated depiction" to obscene digitized depictions of minors in sexually explicit conduct even when no real minor is identifiable (RCW 9.68A.011). The existing dealing, sending, possession and viewing felonies therefore reach such material, and the state need not prove the depicted minor exists (RCW 9.68A.110). These offenses get a 10-year statute of limitations.
Plain-English summary, written with AI assistance. The official text controls.
What it means for business
AI image tools and platforms in Washington face criminal exposure for AI-generated child sexual abuse material even when no real child is depicted.
Key provisions
- RCW 9.68A.011: "digitization" includes computer-generated images and alteration using artificial intelligence
- "Fabricated depiction" covers digitized depictions of a minor in sexually explicit conduct if the minor is identifiable or the matter is obscene
- Dealing, sending into the state, possession and internet viewing offenses (class B and C felonies) apply to such depictions
- RCW 9.68A.110: state need not prove the depicted minor exists; not knowing the image was digitized is no defense
- RCW 9A.04.080: 10-year statute of limitations for dealing, possession, sending and viewing offenses
- Savings clause for providers' liability under 18 U.S.C. 2258E
Latest legislative action
Mar 25, 2026. Governor signed. Chapter 223, 2026 Laws. Effective date 6/11/2026.
Topics and industries
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Affected industries
This page is general information, not legal advice. Summaries are AI-assisted and may contain errors; read the statute for the controlling text and talk to a lawyer about your situation. Full disclaimer · Report an error