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Law / United States / Washington

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

In force since .

An AI prohibited practices rule binding public and private bodies.

Obligation class
Prohibition
Audit expectation
none
Setting the rule reaches
General

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.

These lines are LexLint's reading of the law's text.

In the frameworks

NIST AI RMF
  • MAP 3.3Targeted application scope is specified and documented based on the system’s capability, established context, and AI system categorization.
NIST AI 600-1
MIT mitigations Draft
  • 1.5Safety Decision Frameworks
  • 3.3Access Management
FINOS AIGF
ETSI EN 304 223
  • 5.1.2-1Business need and security risks written down and assessed before deciding to build an AI system.
  • 5.1.4-5End-users told which uses of the system are prohibited.

Our reading of where this law's duties sit in each framework. It never says that running a control meets the law. How we read a framework against the law

Identifiers refer to ETSI EN 304 223 V2.1.1 (2025-12), © ETSI 2025, all rights reserved. ETSI owns the standard; no ETSI text (titles or sentences) is reproduced here. The standard is free to download from ETSI.

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 it makes you log

Logging duty

The cited dealing, possession, and viewing offenses criminalize conduct involving a fabricated depiction of a minor. None of the cited sections requires anyone to create, keep, or produce a log or record of that conduct; a separate provision of this chapter, not among the sections this instrument covers, requires a processor who discovers such matter to report it to law enforcement.

Kind
None
As of

What this law does

Drafted with AI

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

Research summary

Legal information, not legal advice. This is LexLint's own research summary of a public legal source, and it creates no attorney-client relationship. For decisions that matter, consult qualified counsel in the relevant jurisdiction. About LexLint

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 , closing a gap the legislature found was allowing AI-generated material to evade the original identifiable-minor requirement.

When LexLint raises it

When your app profile says your app generates images with AI, generates video with AI, generates audio with AI, serves under-18s or publishes adult content.

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