Bill strengthening Washington child sex abuse material laws focuses on consciousness, AI

SEATTLE — A bill aimed at tightening Washington’s laws on child sex abuse material is headed to Gov. Bob Ferguson’s desk after clearing the Legislature unanimously.

King County Prosecuting Attorney Leesa Manion said 2ESSB 5105 passed the House unanimously Tuesday night after the Senate unanimously approved it on Jan. 28, 2026.

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Manion called the measure one of her public safety legislative priorities.

“People who peddle in the misery of sexually abused children must be held accountable,” Manion said. “I am grateful for the work of Senior Deputy Prosecuting Attorney Laura Harmon – both in prosecuting these cases and advocating for these legal fixes – and Senators Tina Orwall and Manka Dhingra for championing this legislation.”

Manion’s office said the current state law has gaps that can 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 that possessing sexually explicit fabricated (AI) images of non-identifiable minors is not considered child sex abuse material under Washington law.

The bill would update RCW 9.68A.040 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 the images can remain online indefinitely, victims can be re-traumatized for decades.