Fabricated depictions of minors (sexual exploitation of children)

RCW 9.68A.011, 9.68A.040, 9.68A.050, 9.68A.053, 9.68A.070, 9.68A.075

A citation is an address, not a summary. The first part names the law; what follows narrows it to the exact section, article or paragraph.

In force since 6 June 2024.

An AI prohibited practices rule binding public and private bodies.

As of 6 September 2026.

What it requires

Do not create, deal in, possess, or exploit a fabricated depiction, an image, video, or audio-visual matter created or altered by digitization, including by using artificial intelligence, that depicts a minor engaging in sexually explicit conduct.
This applies whether or not the depicted minor is identifiable or actually exists, and lacking knowledge that the image was fabricated is not a defense.

If you get it wrong

Criminal exposureYes

Criminal exposure note

Sexual exploitation of a minor under RCW 9.68A.040, which reaches a fabricated depiction on the same terms as an authentic one, is a class B felony punishable under chapter 9A.20 RCW; dealing in, possessing, or exploiting such a depiction under the chapter's other sections carries its own felony or gross misdemeanor classification.

What this law does

Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page.

Washington's sexual exploitation of children chapter defines a 'fabricated depiction' as visual or printed matter created or altered by digitization, expressly including the use of artificial intelligence, to depict a minor engaging in sexually explicit conduct, and treats a fabricated depiction the same as an authentic one for dealing, possession, and exploitation offenses, most of which are felonies under chapter 9A.20 RCW.

The state need not prove the depicted minor's identity or that the minor actually exists, and it is not a defense that the person lacked knowledge of whether the image was fabricated. A 2026 amendment expanded the fabricated-depiction definition to reach a depiction even where the minor is not identifiable, effective June 11, 2026, closing a gap the legislature found was allowing AI-generated material to evade the original identifiable-minor requirement.

When LexLint raises it

generates_content
serves_minors

Read the law

official text, Washington State Legislature (app.leg.wa.gov)

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