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Washington State Information Resource Library

About | Child Trafficking and Exploitation and Child Protective Services

Awareness and education are critical to preventing child exploitation and trafficking in Washington State and across the nation. The resources, information, and tools below will help you gain knowledge, know the facts, and get in the fight by mobilizing your community to end the war on children.

Section I: Washington State Laws

Crimes and Offenses Against Children; Criminal Procedure

Coercion
Click To Read LAW 9A.36.070 Coercion

This statute establishes that a person is guilty of the crime of coercion if “by use of a threat he compels or induces a person to engage in conduct which the victim has a legal right to abstain from or to abstain from conduct which he has a legal right to engage in.”

Assault of a child in the first degree
Click To Read LAW 9A.36.120 Assault of a child in the first degree

This statute outlines that assault of a child in the first degree is committed by a person 18 years or older against a child under the age of 13. It involves committing first-degree assault against the child, resulting in great bodily harm. This statute also covers cases where the perpetrator has a history of causing physical harm or pain equivalent to torture.

Assault of a child in the second degree
Click To Read LAW 9A.36.130 Assault of a child in the second degree

This statute outlines that second-degree assault of a child involves a person 18 years or older intentionally assaulting a child under the age of 13, causing more than transient physical pain or minor temporary marks.

Assault of a child in the third degree
Click To Read LAW 9A 9A.36.140 Assault of a child in the third degree

This statute establishes that assault of a child in the third degree is committed by a person 18 years or older against a child under the age of 13, under the parameters of third-degree assault as defined in RCW 9A.36.031(1) (d) or (f).

Female genital mutilation—Minors
Click To Read LAW 9A.36.170 Female genital mutilation—Minors

This statute establishes that a person is guilty of female genital mutilation when the person knowingly commits female genital mutilation on a minor; or transports or permits the minor, for the purpose of the performance of female genital mutilation on the minor.

Female genital mutilation—Minors—Civil action
Click To Read LAW 9A.36.175 Female genital mutilation—Minors—Civil action

This statute provides the definition of female mutilation and provides that a victim of female genital mutilation may bring a civil cause of action against the person who committed the female genital mutilation within 10 years of the acts alleged to have caused the injury. The time is tolled until a minor reaches the age of 18 years.

Definitions
Click To Read LAW 9A.42.010 Definitions

This statute provides the definitions that are used in chapter 9A.42.

Criminal mistreatment in the first degree
Click To Read LAW 9A.42.020 Criminal mistreatment in the first degree

This statute provides that a parent or person entrusted with custody or a person who has assumed responsibility or is employed to provide the basic necessities of life for a dependent person is guilty of criminal mistreatment in the first degree “if he or she with criminal negligence, causes great bodily harm to a child or dependent person by withholding any of the basic necessities of life.” 

Criminal mistreatment in the second degree
Click To Read LAW 9A.42.030 Criminal mistreatment in the second degree

This statute provides that a parent or person entrusted with custody or a person who has assumed responsibility or is employed to provide the basic necessities of life for a dependent person is guilty of criminal mistreatment in the second degree “if he or she with criminal negligence, either creates an imminent and substantial risk of death or great bodily harm by withholding any of the basic necessities of life, or (b) causes substantial bodily harm by withholding any of the basic necessities of life.”

Criminal mistreatment in the third degree
Click To Read LAW 9A.42.035 Criminal mistreatment in the third degree

This statute provides that a parent or person entrusted with custody or a person who has assumed responsibility or is employed to provide the basic necessities of life for a dependent person is guilty of criminal mistreatment in the third degree “if he or she with criminal negligence, creates an imminent and substantial risk of substantial bodily harm to a child or dependent person by withholding any of the basic necessities of life.

Criminal mistreatment in the fourth degree
Click To Read LAW 9A.42.037 Criminal mistreatment in the fourth degree

This statute establishes that the criminal mistreatment in the fourth degree occurs when a parent or person entrusted with custody or a person who has assumed responsibility or is employed to provide the basic necessities of life for a dependent person, with criminal negligence either: (1) Creates an imminent and substantial risk of bodily injury to a child or dependent person by withholding any of the basic necessities of life; or (2)  Causes bodily injury or extreme emotional distress manifested by more than transient physical symptoms to a child or dependent person by withholding the basic necessities of life.

Abandonment of a dependent person in the first degree — Exception
Click to Read Abandonment of a dependent person in the first degree — Exception

This statute outlines the crime of abandonment of a dependent person in the first degree with an exception.

Abandonment of a dependent person in the second degree — Exception
Click To Read LAW 9A.42.070 Abandonment of a dependent person in the second degree — Exception

This statue outlines the crime of abandonment of a person in the second degree including an exception.

Abandonment of a dependent person in the third degree — Exception
Click To Read LAW 9A.42.080 Abandonment of a dependent person in the third degree — Exception

This statute outlines the crime of abandonment of a person in the third degree including an exception.

Abandonment of a dependent person — Defense
Click To Read LAW 9A.42.090 Abandonment of a dependent person — Defense

This statute provides defenses to the crime of abandonment of a dependent person.

Endangerment with a controlled substance
Click To Read LAW 9A.42.100 Endangerment with a controlled substance

This statute establishes that the crime of endangerment with a controlled substance occurs when a person knowingly or intentionally permits a dependent child to be exposed to a controlled substance listed in the statute.

Leaving a child in the care of a sex offender
Click To Read LAW 9A.42.110 Leaving a child in the care of a sex offender

This statute provides that a person is guilty of the crime of leaving a child in the care of a sex offender if a parent or person entrusted with custody or who is employed to provide the child the basic necessities of life, and leaves the child in the care of another person who is not the parent or lawful custodian, knowing that person is a registered sex offender or required to register as a sex offender because of a sex offense against a child.

Remedies and Procedures Click To Read LAW 9.68A.100 Remedies and Procedures

This statute establishes that any person who sustains injury to their person, business, or property by an act of criminal profiteering as laid out in the statute may file an action in superior court for the recovery of damages and the costs of the suit.

Disclosing intimate images
Click To Read LAW 9A.86.010 Disclosing intimate images

This statute establishes the crime of disclosing intimate images when the knowing dissemination of intimate images of another that was obtained under circumstances which a person would know or understand that the image was to remain private, that the image of the person was disclosed without consent, and under circumstances that would likely cause harm. This statute also addresses “revenge porn” distributed by persons under 18 years of age, requiring the additional element that the distributor intentionally and maliciously disclosed the private image.

Intimate images—Forfeiture by minors
Click To Read LAW 9A.86.020 Intimate images—Forfeiture by minors

This statute provides that any image of another minor which constitutes an intimate image in the possession of a child must be forfeited.

Child selling—Child buying
Click To Read LAW 9A.64.030 Child selling—Child buying

 This statute provides that it is unlawful to buy or sell a child. This statute also outlines what instances do not qualify as a purchase or sale under this section.

Indecent exposure
Click To Read LAW 9A.88.010 Indecent exposure

This statute defines the law that governs indecent exposure. The statute defines this act as intentionally making an open and obscene exposure of oneself or another person in a manner that is likely to case reasonable offense or alarm. The act of breastfeeding is not an act of indecent exposure.

Prostitution
Click To Read LAW 9A 9A.88.030 Prostitution (Effective January 1, 2024)

This statute defines the law that governs prostitution. Prostitution is when a person that is eighteen or older agrees or offers to engage with another person in return for a fee.

Prosecution for prostitution under RCW 9A.88.030—Affirmative defense
Click To Read LAW 9A.88.040 Prosecution for prostitution under RCW 9A.88.030—Affirmative defense

This statute provides an affirmative defense to prosecution under RCW 9A.88.030 (promoting prostitution in the first degree) as a result of being a victim of trafficking.

Prostitution—Sex of parties immaterial—No defense
Click To Read LAW 9A.88.050 Prostitution—Sex of parties immaterial—No defense

This statute explains that the sex of their parties, whether male or female, is immaterial to the offense of prostitution and therefore, does not constitute a defense.

Promoting prostitution—Definitions
Click To Read LAW 9A.88.060 Promoting prostitution—Definitions

This statute defines the relevant terms to statutes relating to promoting prostitution.

Promoting prostitution in the first degree
Click To Read LAW 9A.88.070 Promoting prostitution in the first degree

This statute creates the crime of promoting prostitution in the first degree.

Promoting prostitution in the second degree
Click To Read LAW 9A.88.080 Promoting prostitution in the second degree

This statute establishes that, “a person is guilty of promoting prostitution in the second degree if he or she knowingly profits from prostitution or advances prostitution.”

Promoting travel for prostitution
Click To Read LAW 9A.88.085 Promoting travel for prostitution

This statute creates the crime of promoting travel for prostitution. It provides that, “a person commits the offense of promoting travel for prostitution if  the person knowingly sells or offers to sell travel services that include or facilitate travel for the purpose of engaging in what would be patronizing a prostitute or promoting prostitution, if occurring in the state.”

Permitting prostitution
Click To Read LAW 9A.88.090 Permitting prostitution

This statute provides that “A person is guilty of permitting prostitution if, having possession or control of premises which he or she knows are being used for prostitution purposes, he or she fails without lawful excuse to make reasonable effort to halt or abate such use.”

Patronizing a prostitute
Click To Read LAW 9A.88.110 Patronizing a prostitute

This statute outlines the crime of patronizing a prostitute. 

Emergency Assistance—Criminal immunity
Click To Read LAW 9A.88.200 Emergency assistance—Criminal immunity

Kidnapping in the first degree
Click To Read LAW 9A.40.020 Kidnapping in the first degree

This statute defines kidnapping in the first degree as when a person intentionally abducts another person with intent of any of the following: (1) To hold that person for ransom or as a hostage; (2) To commit a felony crime; (3) To inflict injury or harm on the victim; (4) To inflict mental distress on the victim or on another person; or (5) To interfere with the performance of any governmental function.

Kidnapping in the second degree
Click To Read LAW 9A.40.030 Kidnapping in the second degree

This statute defines kidnapping in the second degree as when a person intentionally abducts another person under circumstances other than first degree kidnapping.

Unlawful imprisonment
Click To Read LAW 9A.40.040 Unlawful imprisonment

This statute provides that it is a crime to knowingly restrain another person.

Custodial interference in the first degree
Click To Read LAW 9A.40.060 Custodial interference in the first degree

This statute provides custodial interference in the first degree is when a relative of a minor child takes, detains, retains, or conceals the child with the intent to deny access to a person with legal custodial rights and either: (1) Intends to hold the child permanently or for a long period of time; (2) Exposes the child to a substantial risk of illness or physical injury; or (3) Causes the child to be removed from the state where the child usually lives.

Custodial interference in the second degree
Click To Read LAW 9A.40.070 Custodial interference in the second degree

This statute provides custodial interference in the first degree is when a relative of a minor child takes, detains, retains, or conceals the child with the intent to deny access to a person with legal custodial rights.

Luring
Click To Read LAW 9A.40.090 Luring

This statute establishes that a person commits the crime of luring if the person: (1) lures or attempts to lure a child (or a person with a developmental disability) away from the public eye or into a vehicle, and (2) does so with the intent to harm that person’s health, safety, or welfare, or with the intent to facilitate a crime.

Trafficking
Click To Read LAW 9A.40.100 Trafficking

This statute establishes it is a crime to engage in several activities related to human trafficking, including recruiting, transporting, transferring, or harboring individuals by means of threats, force, or coercion for the purpose of exploitation. 

Trafficking—Court may prohibit defendant’s contact with victim—No-contact orders—Issuance, termination, modification—Entry of order into computer-based criminal intelligence information system
Click To Read LAW 9A.40.104 Trafficking—Court may prohibit defendant’s contact with victim—No-contact orders—Issuance, termination, modification—Entry of order into computer-based criminal intelligence information system

This statute provides that the court may impose a no-contact order between a defendant charged or arrested for a crime involving trafficking and a victim. The court may also consider whether to extend any no-contact order at any initial preliminary appearance.

Trafficking—Condition of sentence restricting contact—No contact orders—Entry of order into computer-based criminal intelligence information system
Click To Read LAW 9A.40.106 Trafficking—Condition of sentence restricting contact—No contact orders—Entry of order into computer-based criminal intelligence information system

This statute provides that “if a defendant is found guilty of the crime of trafficking under RCW 9A.40.100 and a condition of the sentence restricts the defendant’s ability to have contact with the victim, the condition must be recorded, and a written certified copy of that order must be provided to the victim by the clerk of the court.”

Coercion of Involuntary servitude
Click To Read LAW 9A.40.110 Coercion of Involuntary servitude

This statute defines coercion of involuntary servitude as when a person coerces another person to perform labor or services by: (1) Withholding or threatening to withhold or destroying documents related to a person’s immigration statute; or (2) Threatening to notify law enforcement officials that a person is in violation of federal immigration law.

Investigative Tools; Intercepting, Transmitting, or Recording Conversations concerning controlled substances or commercial sexual abuse of a minor
Click To Read LAW 9.73.230 Investigative Tools; Intercepting, Transmitting, or Recording Conversations concerning controlled substances or commercial sexual abuse of a minor

This statute establishes the procedures that law enforcement must follow when they can intercept, transmit, or record conversations which they have probable cause to believe involves the commercial abuse of a minor.

Legislative findings, intent
Click To Read LAW 9.68A.001 Legislative findings, intent

This statute explains that the prevention of sexual exploitation and abuse of children is of critical importance to the State of Washington. Consequently, the legislatures intent is to punish the intentional viewing and dealing of child pornography.

Definitions
Click To Read LAW 9.68A.011 Definitions

This statute provides the definitions that are important for the statues in chapter 9.68A.

Sexual exploitation of a minor
Click To Read LAW 9.68A.040 Sexual exploitation of a minor

This statute outlines the crime of Sexual exploitation of a minor. An individual is guilty of sexual exploitation of a minor if an individual: (1) threatens or forces a minor to behave sexually while being photographed, videotaped, or as part of a live performance; (2) “aids, invites, employs, authorizes, or causes” a minor to engage in sexually explicit conduct, knowing that such conduct will be photographed or part of a live performance; or (3) a parent, legal guardian, or person otherwise having custody of child, permits the minor to engage in sexually explicit conduct, knowing that the conduct will be photographed or part of a live performance.

Dealing in depictions of minor engaged in sexually explicit conduct
Click To Read LAW 9.68A.050 Dealing in depictions of minor engaged in sexually explicit conduct

This statute outlines the crime of dealing in depictions of minors engaged in sexually explicit conduct in the first and second degree. A person commits the crime of dealing in depictions, i.e., disturbing child pornography, by publishing, printing disseminating, exchanging, or selling visual or printed matter showing minors engaged in sexually explicit conduct, or possessing materials with the intent to do these things. Each depiction constitutes a separate offense.

Sexually explicit images
Click To Read LAW 9.68A.053 Sexually explicit images

This statute outlines the crime of dealing in depictions, i.e., disturbing child pornography, by a minor.

Sending, bringing into state depictions of minor engaged in sexually explicit conduct
Click To Read LAW 9.68A.060 Sending, bringing into state depictions of minor engaged in sexually explicit conduct

This statute establishes that it is a crime for any person to knowingly bring or cause to be sent or brought into the State of Washington, any material, which depicts a minor engaged in any sexually explicit conduct.

Possession of depictions of minor engaged in sexually explicit conduct
Click To Read LAW 9.68A.070 Possession of depictions of minor engaged in sexually explicit conduct

This statute establishes that a person commits the crime of possession of depictions of a minor engaged in sexually explicit conduct in the first degree when he or she knowingly possesses a visual or printed matter depicting a minor engaged in sexually explicit conduct.

Viewing depictions of a minor engaged in sexually explicit conduct
Click To Read LAW 9.68A.075 Viewing depictions of a minor engaged in sexually explicit conduct

This statute establishes that a person commits the crime of viewing depictions of a minor engaged in sexually explicit conduct when they intentionally view any depiction of a minor engaged in sexually explicit conduct.

Reporting of depictions of minor engaged in sexually explicit conduct—Civil Immunity
Click To Read LAW 9.68A.080 Reporting of depictions of minor engaged in sexually explicit conduct—Civil Immunity

This statute provides civil immunity to a person who makes good faith report to law enforcement when: (1) “in the course of processing or producing visual or printed matter either privately or commercially, has reasonable cause to believe that the visual or printed matter submitted for processing or producing depicts a minor engaged in sexually explicit;” or if (2) “in the course of repairing, modifying, or maintaining a computer that has been submitted for repair, modification, or maintenance, a person has reasonable cause to believe that the computer stores visual or printed matter that depicts a minor engaged in sexually explicit conduct.” However, failure to report under this statute is a crime.

Communication with a minor for immoral purposes
Click To Read LAW 9.68A.090 Communication with a minor for immoral purposes

This statute criminalizes both verbal and electronic communication between a minor and an adult that is sexual in nature. The offense is defined as communicating with an actual minor or someone believed to be a minor for immoral purposes.

Commercial sexual abuse of a minor
Click To Read LAW 9.68A.100 Commercial sexual abuse of a minor

This statute defines the offense of commercial sexual abuse of a minor as paying or agreeing to a pay a minor for sex, either directly or through a third party.

Promoting commercial sexual abuse of a minor
Click To Read LAW 9.68A.101 Promoting commercial sexual abuse of a minor

This statute establishes that “a person is guilty of promoting commercial sexual abuse of a minor if he or she knowingly advances commercial sexual abuse or a sexually explicit act of a minor or profits from a minor engaged in sexual conduct or a sexually explicit act.” Also, consent from minor does not constitute a defense.

Promoting travel for commercial sexual abuse of a minor
Click To Read LAW 9.68A.102 Promoting travel for commercial sexual abuse of a minor

This statute defines the offense of promoting travel for commercial sexual abuse of a minor as a person who “knowingly sells or offers to sell travel services that include or facilitate travel for the purpose of engaging in what would be commercial sexual abuse of a minor or promoting commercial sexual abuse of a minor, if occurring in the state of Washington.” Also, consent from minor does not constitute a defense.

Permitting commercial sexual abuse of a minor
Click To Read LAW 9.68A.103 Permitting commercial sexual abuse of a minor

This statute provides that “a person is guilty of permitting commercial sexual abuse of a minor if, having possession or control of premises which he or she knows are being used for the purpose of commercial sexual abuse of a minor, he or she fails without lawful excuse to make reasonable effort to halt or abate such use and to make a reasonable effort to notify law enforcement of such use.” Also, consent from minor does not constitute a defense.

Seizure and forfeiture of property
Click To Read LAW 9.68A.120 Seizure and forfeiture of property

This statute outlines the property that is subject to seizure and forfeiture for crimes involving minors engaged in sexually explicit conduct.

Allowing minor on premises of live erotic performance
Click To Read LAW 9.68A.150 Allowing minor on premises of live erotic performance

This statute establishes that no person or business shall allow any minor to be on the premise of an establishment where there are live performances containing matter which is erotic.

Depictions of minors engaged in sexually explicit conduct — Sealing, storage, destruction of exhibits
Click To Read LAW 9.68A.180 Depictions of minors engaged in sexually explicit conduct — Sealing, storage, destruction of exhibits

This statute states the requirements for sealing, destroying, and storing material that involves minors engaged in sexually explicit conduct.

Child Rescue Fund
Click To Read LAW 9.68A.200 Child Rescue Fund

This statute establishes the child rescue fund, and that all additional assessments collected under 9.68A. 107 must be deposited in the  child rescue fund.

Rape of a child in the first degree Click To Read LAW 9A.44.073 Rape of a child in the first degree

This statute defines first-degree rape of child as when a person has sexual intercourse with a victim who is less than 12 years of age, is not married to the perpetrator, and the perpetrator is at least 24 months older than the victim.

Rape of a child in the second degree Click To Read LAW 9A.44.076 Rape of a child in the second degree

This statute defines second-degree rape of child as when a person has sexual intercourse with a victim who isat least 12 but less than 14 years of age, and is not married to the perpetrator, and the perpetrator is at least 36 months older than the victim.

Rape of a child in the third degree Click To Read LAW 9A.44.079 Rape of a child in the third degree

This statute defines third-degree rape as when a person has sexual intercourse with a victim who is at least 14 but less than 16 years of age and is not married to the perpetrator, and the perpetrator is at least 48 months older than the victim.

Child molestation in the first degree Click To Read LAW 9A.44.083 Child molestation in the first degree

This statute establishes that first-degree child molestation occurs when the person has, or knowingly causes another person under the age of 18 to have, sexual contact with another who is less than 12 years old, and not married to the perpetrator, and the perpetrator is at least 36 months older than the victim.

Child molestation in the second degree Click To Read LAW 9A.44.086 Child molestation in the second degree

This statute establishes that second-degree child molestation occurs when the person has, or knowingly causes another person under the age of 18 to have, sexual contact with another who is at least 12 but less than 14 years of age and the perpetrator is 36 months older than the victim. 

Child molestation in the third degree Click To Read LAW 9A.44.089 Child molestation in the third degree

This statute establishes that third-degree child molestation occurs when the person has, or knowingly causes another person under the age of 18 to have, sexual contact with another who is at least 14 but less than 16 years of age and the perpetrator is at least 48 months older than the victim.

Sexual misconduct with a minor in the first degree Click To Read LAW 9A.44.093 Sexual misconduct with a minor in the first degree

This statue defines sexual misconduct with a minor in the first degree as when a

person has sexual intercourse or knowingly cause another person under the age of 18 to have sexual intercourse with a person under the age of 18, but not younger than 16 if: the perpetuator is at least 5 years older than the victim, has a significant relationship with the victim, and abuses a supervisory position within that relationship to facilitate the act. Sexual misconduct with a minor in the first degree also occurs under two other circumstances: (1) If a school employee has sexual intercourse with an enrolled student who is at least 16 but under 21 years old, if the school employee is 5 years older than the student; or if (2) A foster parent has sexual intercourse with their foster child aged 16 or older.

Sexual misconduct with a minor in the second degree Click To Read LAW 9A.44.096 Sexual misconduct with a minor in the second degree

This statute outlines the crime of sexual misconduct with a minor in the second degree.

Registration of sex offenders and kidnapping offenders Click To Read LAW 9A.44.130 Registration of sex offenders and kidnapping offenders

This statute outlines the procedures which sex offenders and kidnapping offenders must comply with to register with the county sheriff for the county of the person’s residence. This statute also provides definitions for within this section and penalties for failing to comply with the registration requirements.

Failure to register as sex offender or kidnapping offender Click To Read LAW 9A.44.132 Failure to register as sex offender or kidnapping offender

This statute outlines that it is a crime for failing to register as a sex offender or kidnapping offender.

Attendance, employment of registered sex offenders and kidnapping offenders at schools and institutions of higher education—Notice to designated recipients—Information exempt from disclosure Click To Read LAW 9A.44.138 Attendance, employment of registered sex offenders and kidnapping offenders at schools and institutions of higher education—Notice to designated recipients—Information exempt from disclosure

Upon the sheriff’s receipt of notice that a person, who is required to register as a sex offender or kidnapping offender, will be attending a school enrolling students in grades kindergarten through twelve or an institution of higher education, or will be employed with an institution of higher education, the sheriff must promptly notify the designated recipient of the school or institution of the person’s:  (a) Name and any aliases used; (b) complete residential address; (c) date and place of birth; (d) place of employment; (e) crime for which convicted; (f) date and place of conviction; (g) photograph; and (h) risk level classification.

Duty to register – sex offenders and kidnapping offenders Click To Read LAW 9A.44.140 Duty to register – sex offenders and kidnapping offenders

This statute establishes who is required to register and the duty to continue registering for certain crimes.

Custodial sexual misconduct in the first degree Click To Read LAW 9A.44.160 Custodial sexual misconduct in the first degree

This statute provides that custodial sexual misconduct in the first degree occurs when the accused has sexual intercourse with another person who is a resident of a correctional facility (or is under correctional supervision), where the accused is an employee of a correctional agency with “the ability to influence the terms, conditions, length, or fact of incarceration or correctional supervision.”

Custodial sexual misconduct in the second degree Click To Read LAW 9A.44.170 Custodial sexual misconduct in the second degree

This statute provides that custodial sexual misconduct in the second degree occurs when the accused has sexual contact (short of sexual intercourse) with an inmate or detainee, where the accused is an employee of a correctional agency with “the ability to influence the terms, conditions, length, or fact of incarceration or correctional supervision.”

Criminal trespass against children Click To Read LAW 9A.44.196 Criminal trespass against children

This statute outlines the criminal trespass against children.

Crime Victim and Witness Assistance Account Click To Read LAW 7.68.047 Crime Victim and Witness Assistance Account

This statute establishes the state crime victim and witness assistance account which is created by the state treasury.

Washington State Task Force against the trafficking of persons Click To Read LAW 7.68.350 Washington State Task Force against the trafficking of persons

This statute creates a Task Force against trafficking of persons and provides details, thereof.

Coordinated state agency protocols – Human Trafficking Click To Read LAW 7.68.360 Coordinated state agency protocols – Human Trafficking

This statute designates the director of the department of commerce, or director’s designee to work to develop protocols for delivery of services to victims of human trafficking.

Clearinghouse– Human Trafficking Click To Read LAW 7.68.370 Clearinghouse– Human Trafficking

This statute designates the Office of Crime Victims Advocacy as the single point of contact in state government regarding the trafficking of persons. Additionally, this statute includes information on the Washington state clearinghouse on human trafficking which was created as an information portal to share and coordinate statewide efforts to combat the trafficking of persons. This statute also lists the functions of the clearinghouse as well.

Commercially sexually exploited children – Programs Click To Read LAW 7.68.380 Commercially sexually exploited children receiving center programs

This statute establishes funding for two child receiving centers.

Commercially sexually exploited children – Referrals Click To Read LAW 7.68.390 Commercially sexually exploited children receiving center programs—Referrals

This statute provides that certain individuals may refer a child to receiving centers.

CHILD PROTECTIVE SERVICES (CPS) LAWS AND CHILD WELFARE

Reports—Duty and authority to make—Duty of receiving agency—Duty to notify—Case planning and consultation — Penalty for unauthorized exchange of information—Filing dependency petitions—Investigations—Interviews of children—Records—Risk assessment process
Click To Read LAW 26.44.030 Reports—Duty and authority to make—Duty of receiving agency—Duty to notify—Case planning and consultation — Penalty for unauthorized exchange of information—Filing dependency petitions—Investigations—Interviews of children—Records–Risk Assessment Process

This statute provides who has a duty to report child abuse and/or neglect. It further outlines the requirements for the report being made as well as investigations made by the department.

Response to complaint by more than one agency—Procedure—Written records
Click To Read LAW 26.44.035 Response to complaint by more than one agency—Procedure—Written records

This statute provides that, “If the department or a law enforcement agency responds to a complaint of alleged child abuse or neglect and discovers that another agency has also responded to the complaint, the agency shall notify the other agency of their presence, and the agencies shall coordinate the investigation and keep each other apprised of progress.”

Reports—Oral, written—Contents
Click To Read LAW 26.44.040 Reports—Oral, written—Contents

This statute provides the required information that must be contained in an oral report made to the department or law enforcement agency.

Abuse or neglect of child—Duty of law enforcement agency or department of children, youth, and families—Taking child into custody without court order
Click To Read LAW 26.44.050 Abuse or neglect of child—Duty of law enforcement agency or department of children, youth, and families—Taking child into custody without court order

This statute requires that a law enforcement officer must investigate and provides protective services upon receipt of a report of child abuse or neglect. It further provides when a law enforcement officer may take custody of a child without a court order.

Guardian ad litem (GAL)
Click To Read LAW 26.44.053 Guardian ad litem

This statute requires a court to appoint a GAL when abuse of a child is suspected.

Protective detention or custody of abused child—Probable cause—Notice—Time limits—Liability
Click To Read LAW 26.44.056 Protective detention or custody of abused child—Probable cause—Notice—Time limits—Liability

This statute provides that “an administrator or hospital or similar institution or any physician, licensed pursuant to chapters 18.71 or 18.57 RCW, may detain a child without consent of a person legally responsible for the child whether or not medical treatment is required, if there is probable cause to believe that detaining the child is necessary to prevent imminent physical harm to the child due to child abuse or neglect, including that which results from sexual abuse, sexual exploitation, or a pattern of severe neglect, and the child would be seriously injured or could not be taken into custody if it were necessary to first obtain a court order under RCW 13.34.050: PROVIDED, That such administrator or physician shall notify or cause to be notified the appropriate law enforcement agency or child protective services pursuant to RCW 26.44.040.” 

Immunity from civil or criminal liability—Confidential communications not violated—Actions against state not affected—False report, penalty
Click To Read LAW 26.44.060 Immunity from civil or criminal liability—Confidential communications not violated—Actions against state not affected—False report, penalty

This statute provides that any person who makes a report of abuse and/or neglect in good faith shall be immune from any civil or criminal liability arising out of such reporting.

Temporary restraining order restricting visitation for persons accused of sexually or physically abusing a child—Penalty for violating court order
Click To Read LAW 26.44.150 Temporary restraining order restricting visitation for persons accused of sexually or physically abusing a child—Penalty for violating court order

This statute provides that, “If a person who has unsupervised visitation rights with a minor child pursuant to a court order is accused of sexually or physically abusing a child and the alleged abuse has been reported to the proper authorities for investigation, the law enforcement officer conducting the investigation may file an affidavit with the prosecuting attorney stating that the person is currently under investigation for sexual or physical abuse of a child and that there is a risk of harm to the child if a temporary restraining order is not entered. Upon receipt of the affidavit, the prosecuting attorney shall determine whether there is a risk of harm to the child if a temporary restraining order is not entered. If the prosecutor determines there is a risk of harm, the prosecutor shall immediately file a motion for an order to show cause seeking to restrict visitation with the child and seek a temporary restraining order.” 

Allegations that child under twelve committed sex offense— Investigation—Referral to prosecuting attorney—Referral to department—Referral for treatment
Click To Read LAW 26.55.160 Allegations that child under twelve committed sex offense— Investigation—Referral to prosecuting attorney—Referral to department—Referral for treatment

This statute provides that, “If a law enforcement agency receives a complaint that alleges that a child under age twelve has committed a sex offense as defined in RCW 9.94A.030, the agency shall investigate the complaint.”

Multidisciplinary child protection teams—Information sharing—Confidentiality—Immunity from liability
Click To Read LAW 26.55.175 Multidisciplinary child protection teams—Information sharing—Confidentiality—Immunity from liability

This statute provides that the purpose of the multidisciplinary child protection teams as described in RCW 26.44.180 (1) and (2) is to ensure the protection and well-being of the child and to advance and coordinate the prompt investigation of suspected cases of child abuse or neglect to reduce the trauma of any child victim.”  It also provides information about information sharing, record confidentiality and immunity from liability from civil liability for certain team members.

Multidisciplinary child protection teams—Investigation of child sexual abuse, online sexual exploitation and commercial sexual exploitation of minors, child fatality, child physical abuse, and criminal child neglect—Protocols
Click To Read LAW 26.55.180 Multidisciplinary child protection teams—Investigation of child sexual abuse, online sexual exploitation and commercial sexual exploitation of minors, child fatality, child physical abuse, and criminal child neglect—Protocols

This statute provides that, “Each agency involved in investigating child sexual abuse, online sexual exploitation and commercial sexual exploitation of minors, as well as investigations of child fatality, child physical abuse, and criminal child neglect cases, shall document its role in handling cases and how it will coordinate with other local agencies or systems and shall adopt a local protocol based on the state guidelines.” It further provides that, “Each county shall develop a written protocol for handling investigations of criminal child sexual abuse, online sexual exploitation and commercial sexual exploitation of minors, and child fatality, child physical abuse, and criminal child neglect cases.” It also states what the protocol shall address.

Rights of child victims and witnesses Click To Read LAW 7.69A.030 Rights of child victims and witnesses

This statute provides that child victims and witnesses have multiple rights including to have a crime advocate, to have language easily explained to them, and other rights listed in the statute.

Right to make statement before post sentence release of offender Click To Read LAW 7.69.032 Right to make statement before post sentence release of offender

This statute creates a right for victims of offenders to have the opportunity to make a public statement prior to the granting release from confinement of an offender.

Statewide coordinate committee on sex trafficking
Click To Read LAW 43.280.091 Statewide coordinate committee on sex trafficking

This statute establishes a committee to address issues of sex trafficking and to examine the practices of entities involved in addressing sex trafficking. The committee also develops plans to address sex trafficking.

Compact enacted—Provisions
Click To Read LAW 26.34.010 Compact enacted—Provisions

This statute creates the Interstate Compact on the Placement of Children which was created to ensure that, “each child requiring placement shall receive the maximum opportunity to be placed in a suitable environment and with persons or institutions having appropriate qualifications and facilities to provide a necessary and desirable degree and type of care;  The appropriate authorities in a state where a child is to be placed may have full opportunity to ascertain the circumstances of the proposed placement, thereby promoting full compliance with applicable requirements for the protection of the child; The proper authorities of the state from which the placement is made may obtain the most complete information on the basis of which to evaluate a projected placement before it is made; Appropriate jurisdictional arrangements for the care of children will be promoted.

Task force on missing and exploited children—Establishment—Activities
Click To Read LAW 13.60.110 Task force on missing and exploited children—Establishment—Activities

This statute establishes a task force on missing and exploited children. This statute describes “exploited children” to mean children under the age of eighteen who are employed, used, persuaded, induced, enticed, or coerced to engage in, or assist another person to engage in, sexually explicit conduct. “Exploited children” can also mean the rape, molestation, or use for prostitution of children under the age of eighteen.

SCHOOL AND BUSINESS LAWS PROTECTING CHILDREN AND VICTIMS OF CHILD TRAFFICKING

School Laws

Child sexual abuse and sex trafficking prevention and identification public-private partnership account
Click To Read LAW 28A.300.155 Child sexual abuse and sex trafficking prevention and identification public-private partnership account

This statute describes the child sexual abuse and sex trafficking prevention and identification public-private partnership account and how the funds within it can be used and allocated.

Curricula—Mandatory instruction in sex trafficking awareness and prevention
Click To Read LAW 28A.320.168 Curricula—Mandatory instruction in sex trafficking awareness and prevention

This statute states that beginning no later than the 2025-26 school year, school districts must offer instruction in sex trafficking awareness and prevention sometime before the completion of grade 12. This statute also provides guidelines for school districts in how to implement such training requirements.

Business Laws

Record of Guests—Hotels and trailer camps
Click To Read LAW 19.48.020 Record of Guests—Hotels and trailer camps

This statute establishes that hotels and trailer camps must keep records of people’s arrivals and departures for at least one year from departure. This does not apply to mobile home parks.

Human Trafficking Informational Posters at Rest Areas 
Click To Read LAW 47.38.080 Human Trafficking Informational Posters at Rest Areas   

This statute establishes that the department of public transportation may adopt posters with human trafficking victims’ advocates about human trafficking to be posted in rest areas.

Section II: Washington County-Local Laws

The following is a list of the state’s largest cities and/or counties and their local laws related to human and child trafficking with links and short summaries.

Seattle Local Ordinances

Coercion
Click To Read LAW 12A.06.090 Coercion

This ordinance establishes that a person is guilty of the crime of coercion if “by use of a threat he compels or induces a person to engaged in conduct which the victim has a legal right to abstain from or to abstain from conduct which he has a legal right to engage in.”

Prostitution
Click To Read LAW 12A.10.020 Prostitution

This ordinance establishes that a person is guilty of prostitution when they engage or offer to engage in sexual conduct with another individual for a fee.

Permitting prostitution
Click To Read LAW 12A.10.060 Permitting prostitution

This ordinance establishes that a person having possession or control of any premises which they know to be used for prostitution and who fails to make reasonable effort to stop such use, is guilty of the crime permitting prostitution.

Public display of erotic material
Click To Read LAW 12A.10.090 Public display of erotic material

This ordinance provides that it is a crime to display obscene material in public or fail to remove obscene matter from property owned by that person.

Convicted persons—Mandatory counseling and costs for certain offenses
Click To Read LAW 12A.10.110 Convicted persons—Mandatory counseling and costs for certain offenses

This ordinance explains that individuals convicted of specific crimes, including prostitution or sexual exploitation, must go through counseling.

Impoundment of vehicle used in sexual exploitation
Click To Read LAW 12A.10.115 Impoundment of vehicle used in sexual exploitation

This ordinance provides that a vehicle used in sexual exploitation will be impounded by police.

Voyeurism in public places
Click To Read LAW 12A.10.120 Voyeurism in public places

This ordinance provides that a person is guilty of a crime if they film or photograph in imitate areas of another person without their knowledge and consent and where there is an expectation of privacy.

Disclosing intimate images
Click To Read LAW 12A.10.150 Disclosing intimate images

This ordinances provides it is a crime for a person to knowingly disclose and intimate image that was obtained under circumstances in which a reasonable person would know or understand that the image was to remain private; the person knows or should have known that the person did not consent to the disclosure; and the person knows or reasonably should know that disclosure of the image would harm the depicted person.

Spokane Local Ordinances

Click To Read Section 10.72.010 Findings

This ordinance gives Spokane’s city counsel’s findings for enacting “content-neutral ordinances which address the adverse secondary effects of adult entertainment establishments containing adult arcade devices.” The Spokane city council finds that, “the commercial offering of adult entertainment establishments containing adult arcade devices is a use which, although afforded some constitutional protection, often creates or enhances undesirable secondary effects, which include a wide range of criminal and other unlawful activities that have regularly and historically occurred, including prostitution, narcotics and liquor law violations, breaches of the peace, assaults and sexual conduct and other criminal activity involving contact between patrons and between entertainers and patrons, some of whom have been minors.”

Click To Read Section 17C.305.10 Regulating Adult Businesses

This ordinance provides local regulations in connection with adult businesses within the city of Spokane.

Click To Read Section 10.23A.040 Special Regulations for All-Ages Venues and Facilities

This ordinance provides the regulations that all-ages venues must comply with including probing the license officer from issuing a license to any person “with a financial interest in, or involved, in the operation of the venue has within the preceding ten years been convicted of: a felony, or a non-traffic criminal misdemeanor or gross misdemeanor involving minors, prostitution, a sexual offense” and other offenses listed in the ordinance.

Click To Read Section 10.23.060 Special Regulations for Teen Clubs

This statute provides special regulations for teen clubs including restricted hours, age regulations and license prohibitions for any person “with a financial interest in, or involved in the operation of, the club has within the preceding ten years been convicted of: a felony; or a non-traffic criminal misdemeanor or gross misdemeanor involving:”  minors, prostitution, a sexual offense, and any other offense listed in the ordinance.

Click To Read Section 10.68.020 Chronic Nuisance Properties

This statute provides the definition of “Nuisance Activity” which includes, “any criminal conduct, including the attempt and/or conspiracy to commit any criminal conduct, as defined by State or local ordinance occurring on, around, near or having a nexus to a property, including but not limited to… prostitution and patronizing a prostitute.” 

Click To Read Section 10.78 Massage and Reflexology licensing; Prohibitions

This ordinance provides the purpose behind regulating massage and reflexology businesses.  It states that the Council recognizes that, “there are some businesses that hold themselves out as massage or reflexology businesses but employ unlicensed persons to provide massage and uncertified persons to provide reflexology who fail to follow state health and licensing requirements, and do not have the proper training required to obtain a state license or certification. In addition, these businesses that employ unlicensed or uncertified persons to provide massage and reflexology can be used to facilitate the commission of various criminal acts, including but not limited to human trafficking and prostitution” Therefore Chapter 10.78 intended to, “inhibit the ability of an individual or businesses to engage in the practice of providing unlicensed massage and reflexology, and support the legitimate provision of these services by licensed massage practitioners and reflexologists.”

Tacoma Local Ordinances

6B.30.10 Definitions
Click To Read 6B.30.10 Definitions

This statute provides definitions for key terms used throughout Chapter 6B.30.

6B.30.070 License Application
Click To Read 6B.30.070 License Application

This ordinance provides  the requirements for an adult entertainment establishment license and an application for manager or entertainer license.

6B.30.080 Business Hours
Click To Read 6B.30.080 Business Hours

This ordinance restricts the hours of adult entertainment from being conducted in the adult entertainment establishment  between the hours of 2:00 a.m. and 10:00 a.m. 

6B.30.090. Manager on Premises
Click To Read 6B.30.090. Manager on Premises

This ordinance requires that a licensed manager be on the premises of an adult entertainment establishment if adult entertainment is being provided. 

6B.30.100 Standards of Conduct and Operation
Click To Read 6B.30.100 Standards of Conduct and Operation

This ordinance provides the standard of conduct and operation that employees of adult entertainment establishments must adhere to.  

6B.30.120 Additional Requirements for Adult Entertainment Establishments
Click To Read 6B.30.120 Additional Requirements for Adult Entertainment Establishments

This ordinance provides lighting and visibility requirements for adult entertainment establishments as well as restricting admission to persons who are eighteen years or older.

Prohibited acts of prostitution
Click To Read LAW 8.46.010 Prohibited acts of prostitution

This ordinance provides that it is unlawful for any prostitution to occur within Tacoma. 

Patronizing Prostitution
Click To Read LAW 8.46.015 Patronizing Prostitution

This ordinance explains a person is guilty of patronizing prostitution when he pays another person for that person engaging in sexual conduct.

8.109.010 Definitions
Click To Read 8.109.010 Definitions

This ordinance provides definitions for key terms used throughout Chapter 8.109.  It specifically defines, “Curfew Hours” to mean between the hours of 12:01 a.m. to 6:00 a.m.

8.109.20 Offenses
Click To Read 8.109.20 Offenses

This ordinance provides that it is an offense for a minor who remains in public or on the premises of any establishment of the City during curfew hours. It also an offense for a parent/guardian of a minor to knowingly permit, or by insufficient lawful control allow the minor to violate the City’s curfew. The ordinance also creates an offense for a person or operator who encourages or affirmatively facilitates a violation of this chapter by a minor.

8.150.010 Definitions
Click To Read 8.150.010 Definitions

This ordinance provides definitions for key terms used throughout Chapter 8.150. 

8.150.020 Prohibition
Click To Read 8.150.020 Prohibition

This ordinance prohibits any person from operating or maintaining a sexual encounter establishment within the city of Tacoma.  

Stay out of Areas of Prostitution (SOAP) Orders- Violations
Click To Read Stay out of Areas of Prostitution (SOAP) Orders- Violations 
This ordinance provides that certain areas of the City are designated as anti-prostitution emphasis areas based on incidents of prostitution activities occurring there. It also allows for additional penalties to be applied in the event of a conviction of prostitution, or other related offenses mentioned in the ordinance within the restricted area. Violation of a SOAP act is a misdemeanor and punishable by imprisonment for up to 90 days and/or a fine of up to $1,000.  

Vancouver Local Ordinances

5.32.010 Definitions
Click To Read 5.32.010 Definitions

This ordinance provides definitions for key terms used throughout Chapter 5.32.  

5.32.020 License Required
Click To Read 5.32.020 License Required

This ordinance prohibits managers or operators of live adult entertainment establishments without a valid and subsisting license from the city. It further prohibits any entertainer, employee, or manager from knowingly working in an unlicensed adult entertainment establishment.

5.32.030 License Prohibited to Certain Classes
Click To Read 5.32.030 License Prohibited to Certain Classes

This ordinance prohibits any license from being granted to specific classes of persons including those who are under the age of 21 except those who are 18 years or older in live adult entertainment establishments where no intoxicating liquors are served or provided.

 5.32.070 Standards of Conduct and Operation- Live Adult Entertainment Establishments
Click To Read 5.32.070 Standards of Conduct and Operation- Live Adult Entertainment Establishments

This ordinance provides the standard of conduct for employees and managers of adult entertainment establishments.

5.32.090 License Suspension and Revocation- Hearing
Click To Read 5.32.090 License Suspension and Revocation- Hearing

This ordinance provides when a clerk may suspend or revoke any license issued under Chapter 5.32.  

5.32.120 Nuisance Declared
Click To Read 5.32.120 Nuisance Declared

This ordinance provides when an adult entertainment establishment is considered a nuisance.

Bellevue Local Ordinances

Lewd Act
Click To Read LAW 10.04.020 Lewd act

This ordinance explains that any person who intentionally performs a lewd act in a public place to cause alarm is guilty of a misdemeanor.

Section III: Washington Hotlines & Other Helpful Resources

Washington Child Abuse Hotline: 1-866-ENDHARM (363-4276)

Washington Child Trafficking Hotline: 1-888-373-7888

National Reporting Hot Line Recommendations:
Homeland Security Human Trafficking Hotline: 1-866-347-2423
Immigration and Customs Enforcement Hotline: 1-866-DHS-2-ICE

Phone

(360) 753-6200

Online Contact Form

Contact Form (wa.gov)

 

Mail

Office of the Attorney General

1125 Washington St SE

PO Box 40100

Olympia, WA 98504

Website

https://www.atg.wa.gov

Washington Registry of Sex Offenders- Know your Neighborhood Link: Washington Department of Corrections Registry Search

Click here or use the link above to run a search using the Washington Sex Offender Registry.

Washington Department of Commerce Human Trafficking Data

According to the Washington State Department of Commerce, a total of 1,106 victims of human trafficking were served in 2020. However, these numbers only include those victims who were served and not how many incidents of human trafficking actually occur each year.

Training for Law Enforcement

This webpage was published by the Washington State Attorney General’s Office. Because local police are often the first responders to potential trafficking situations, this website provides resources and trainings on how to spot perpetrators and effectively communicate with victims

Report Child Abuse or Neglect

The Washington State Department of Children, Youth & Families published this webpage that provides resources for mandatory reporters and lists who is legally required to report child abuse and/or neglect.

Sexual Assault Kit Initiative

This webpage was published by Attorney General Bob Ferguson as part of the Attorney General’s Sexual Assault Kit Initiative Project to test every backlogged sexual assault kit in the state of Washington.

Ten Things You Can Do To Prevent Child Abuse

Learn more about how you can prevent Child Abuse by reading Washing State Department of Children, Youth and Families’ Ten Things You Can Do To Prevent Child Abuse.

Child Abuse and Neglect (CAN) History Checks

The Department of Children, Youth & Families maintains records of founded findings of child abuse and neglect. Click here for more information about making a child abuse and neglect history check.

Commercial Sexual Exploitation of Children (SCEC)

To learn more about Commercial Sexual Exploitation of Children, click here to view the services available to victims of child commercial sexual exploitation and indicators of sexual exploitation.

Statewide Human Trafficking Reports

Beginning in 2002, Washington State created the Washington State Task Force Against the Trafficking of Persons. They submitted three reports to the legislature in 2002, 2004, 2008. In 2005, an additional Work Group on Human Trafficking was also created and issued a report to the Legislature that year. In 2013, the state created the Statewide Coordinating Committee on Sex Trafficking and disbanded in 2015. During its time, it submitted a report to the legislature in 2014. Also created in 2013, the Statewide Coordinating Committee on the Commercial Sexual Exploitation of Children, submitted a report in 2014.  Click here to view these reports and read more information on key topics in human trafficking.

Safety and Access For Immigrant Victims Program

In 2018, the Washington State Legislature passed the Safety and Access for Immigrant Victims Act with the goal to promote consistent and equal treatment and offer protections to immigrant victims throughout the state who have been victims of crimes. Click here to make a report or learn more about the program.

Where can I find Washington’s Public Records Act?

The state law governing access to Washington’s public records and obtaining those records are located here.

What records are public?

A public record is any state or local record relating to:

  • The conduct of government; or
  • The performance of a governmental function

And which is:

  • Prepared;
  • Used; or
  • Retained by any state or local agency.

A local agency can include:

  • A city;
  • County;
  • District; or
  • Similar governmental entity.

The record may be in a variety of forms such as:

  • Writing;
  • A recording;
  • A picture;
  • An electronic disk;
  • A magnetic tape; or
  • Email.

What public records are available for inspection?

All records maintained by state and local agencies are available for public inspection unless law specifically exempts them. You are entitled to access to public records under reasonable conditions, and to copies of those records upon paying the costs of making the copy. In most cases, you do not have to explain why you want the records. However, specific information may be necessary to process your request. An agency may require information necessary to establish if disclosure would violate certain provisions of law.

Exempt Records

While the state strongly encourages disclosure of public records, state law does allow for some information to be withheld. These “exemptions” are listed in the Public Records Act (RCW 42.56). Other exemptions are found elsewhere in Washington law, and in federal law.

Many of the exemptions are designed to protect the privacy rights of other individuals. Other exemptions are designed to protect the investigative functions of law enforcement and other agencies with investigative responsibilities, as well as the legitimate business interests of other citizens.

You should refer to the Public Records Act itself for specific exemptions. You may also wish to consult with an agency’s records officer.

Just because part of a record may be exempt does not mean the entire record can be withheld. In those cases, the agency has the obligation to black out or otherwise remove the information it believes is exempt from disclosure and provide you the rest.

If you are denied access to a public record, the agency must identify the specific exemption or other law it believes justifies its denial and explain how that exemption applies to your request.

An Agency Is Not Required to Create Records

While, in general, an agency must provide access to existing public records in its possession, an agency is not required to collect information or organize data to create a record not existing at the time of the request. The more precisely you an identify the record you seek, the more responsive the agency can be.

How Do I request records?

A request for public records can be initiated:

  • In person;
  • By mail, email, or fax; or
  • Over the telephone.

You may be able to obtain the addresses and telephone numbers of state agencies in current telephone directories, or you can obtain the telephone number of an agency by calling the Secretary of State “Ask a Librarian” service at 360-704-5221.

Each state and local agency is required to provide assistance to citizens in obtaining public records and to explain how the agency’s public records process works.

If you request certain public records, the agency must make them available to you for inspection or copying (unless they are exempt from disclosure) during customary office hours of that agency.

You should make your request as specific as you can. A written request helps to identify specific records you wish to inspect. Many agencies have a public records request form they will ask you to use.

After your inspection of records, you may identify those records you desire and, if copying does not disrupt agency operations, copies can be promptly made for you. The agency may enact reasonable rules to protect records from damage or disorganization and to prevent disruption of agency operations.

Each state or local agency is required to establish an index as an aid to locating public records. The index is to be published and made available to those who request it.

How do agencies respond to a records request?

Agencies are required to respond promptly to your request. Within five business days after receiving a request, the agency must either:

  • Provide the record(s);
  • Acknowledge your request and give you a reasonable estimate of how long it will take to fully respond; or
  • Deny the request in writing, with reasons for the denial (this could also include a denial of part of your request and granting of the remainder). The agency must tell you the specific exemption or other law it relies upon for its denial.

If a request is not clear, the agency may ask you for further clarification.

If an agency denies your request, you may ask the agency to conduct an internal review of its denial within two business days after denial. At that time, the agency’s denial is considered final and you can seek court review or, in some cases, review by the Attorney General’s Office.

The Agency May Notify Affected Persons and May Seek Court Protection

The agency may notify persons to whom the record pertains that release of the record has been requested. The agency, or a person to whom the record applies, may ask a court to prevent an inspection of the record. If a court order preventing disclosure is sought, the records request is on hold until further order of the court.

What are the costs associated with the production of records requested?

There is no charge for inspecting public records, but the agency may charge a requestor for the actual costs of copying the records. The charges associated with copying records are set forth in RCW 42.56.120 and can be found here.

What are my options if my request for records is denied?

Court Review: If either a state or local agency denies your request to inspect or copy a record, you may file a lawsuit in Superior Court in the county where the agency record is located (or, for a case against a county, in the adjoining county) to require the agency to release the record. Likewise, if there is unreasonable delay by the agency, you may bring a similar court action.

The burden is on the agency to establish that its denial of inspection is proper or its estimate of time for response is reasonable. If you are successful in reversing the agency denial, the court will require the agency to pay costs and reasonable attorney fees incurred in the court action and may award you an amount between $5 and $100 a day for each day that access to the records was denied.

Attorney General Review: If a state agency (but not a local agency) denies your request to inspect or copy all or part of a record, you may request Office of Attorney General review. Direct your written request for Attorney General review, along with a copy of your request to the agency, and the agency’s written denial to:

Office of the Attorney General
Public Records Review
P.O. Box 40100
Olympia, WA 98504-0100

The Office of Attorney General will independently review your request and the agency’s denial and provide you with a written opinion as to whether the record you requested is exempt from disclosure. This review by the Attorney General is not binding on the agency or upon you.

The Attorney General review and response will be conducted as promptly as possible.

The Office of Attorney General may have to contact you or the state agency to get more information before completing the review. The specific timeframe will vary depending upon the complexity of the issues involved, the need to obtain information from the requestor or the agency, and the volume of requests received.

The Attorney General review process does not apply to denials of requests by local agencies.

Washington’s Denials of Public Records Requests brochure provides additional information regarding Attorney General reviews. You may submit a request to the Public Records Review address listed.

Section IV: Federal Laws

The following is a list of federal laws that relate to human and child trafficking with links and short summaries.

Summary: The Act created Title IV-E, or the program that gives funding for state foster care systems.

42 U.S.C. Ch. 7 and Title IV-E

Summary: The Act establishes a national center for child abuse and neglect and a National Clearinghouse on child abuse programs.

42 U.S.C. Ch. 67 Section 5101, 5102, and 5104

Summary: The act makes the Transportation with Intent to Engage in Prostitution, Promotion or Facilitation of Prostitution, Coercion and Enticement, and the Transportation of Minors to Engage in Prostitution a crime.

18 U.S.C. Ch. 117 Sections 2421 to 2423

Summary: The Act allows the AG to collect DNA samples from convicted Sex Offenders and Abusers.

34 U.S.C. Ch. 407 Sections 40702 and 40706

Summary: The law established Federal standards for the removal and placement of Native children as well as with termination of parental rights to protect the best interests of Native American children and keep them connected to their families and Tribes.

The law delineates the roles of State and Tribal governments in child welfare cases involving children who are members of or eligible for membership in Federally recognized Tribes.

25 U.S.C. Ch. 21

Summary: Federal Sex crimes include Enticement into Slavery, Involuntary Servitude, Forced Labor, Trafficking with respect to Involuntary Services, Sex Trafficking of Children, Illegally Withholding Documents in furtherance of Sex Crimes, Benefitting Financially from Trafficking Persons, and Attempting to and Conspiring to commit Child Sex Trafficking.

18 U.S.C. Ch. 77 Sections 1583, 1584, 1589, 1590, 1591, 1592, 1593A, 1594, 1596

Remedies for Victims of Sex Crimes include Restitution and injunctions.

18 U.S.C. Ch. 77 Sections 1593, 1595, 1595A

Summary: The Act provides law enforcement agencies with requirements when reporting missing children.

34 U.S.C. Ch. 413 Section 41307 and 41308

Summary: The act creates a national criminal history background check system where each State, Commonwealth, and Territory is required to report child abuse and indexes information for purposes of childcare providers.

34 U.S.C. Ch. 401

Summary: The act allows the creation of an Interstate Compact to better share criminal history records and encourages States to share data with the FBI in order to exchange criminal history records for noncriminal justice purposes allowed by laws.

34 U.S.C. Ch. 403 Sections 40315 and 40316

Summary: The act makes Sexual Exploitation of Children and the Selling or Buying Children, Failure to Report Child Abuse and certain activities relating to Sexual Exploitation of Minors and Possession of material that contains Child Pornography a crime.

18 U.S.C. Ch. 110 Sections 2251 to 2253

Summary: The act added a new chapter in Title 18 containing several new sex crimes, among which included Aggravated Sexual Abuse, Abusive Sexual Contact, and Sexual Abusive of a Minor or Ward of the State.

18 U.S.C. Ch. 109A Sections 2241, 2242, 2243, 2244, 2245, 2247

Remedies for Sex Abuse Act violations include Restitution, Criminal and Civil Forfeiture of Assets, and Civil Remedies for Personal Injuries.

18 U.S.C. Ch. 109A Section 2248; Ch. 110 Sections 2253, 2254, 2255, and 2259

Summary: The act created a National and State Sex Offender Registry and created different tiers of sex offenders. The Act also made it a crime for a convicted Sex Offender to fail to register.

34 U.S.C. Ch. 209

Summary: The Act creates subcategories for State sex crimes and human trafficking for reporting purposes.

34 U.S.C. Ch. 413 Section 41309

Summary: The Act requires all federal crimes shall be catalogued in the Uniform Crime Reports.

34 U.S.C. Ch. 413 Section 41303 and 41304

Summary: The act authorized the President to create an Interagency Task Force to Monitor and Combat Human Trafficking and authorize the Secretary of State to cooperate with foreign countries. 7103(a) and (b). The President also has authority to create and establish international economic initiatives to enhance economic opportunity for the victims of trafficking as a means to deter trafficking.

22 U.S.C. Ch. 78 Section 7101, 7103

Section V: Federal & State-by-State Resources

 
Government agencies must publish certain information to the Federal Register regarding their organizational structure, governmental procedures, rules of procedures, substantive rules of general applicability, and all revisions, repeals, or amendments of any such rules. 
 
Government agencies must make available final administrative opinions, statements of policy and adopted interpretations, administrative staff manual and instructions, copies of all records, and a general index of all records.
 
Government agencies must state to requestor the time, place, fees, and procedures of accessing public records. Agencies must make reasonable actions to maintain its records.
 
Government agencies must determine whether or not to comply with a FOIA no longer than 20 days (excluding weekends and federal holidays). If a government agency does not comply with a FOIA request within 20 days, the requestor is deemed to have exhausted administrative remedies. Upon any determination by an agency to comply with a request for records, the records shall be made promptly available to such person making such request. Most government agencies fail to meet the 20-day requirement. Because no jurisdiction has the power to review until after the 20-day requirement is expired, most FOIA requests end up in court resulting in courts ordering agencies to hand over the requested information unless it contains exempted material. 
 
Materials Exempted from FOIA Requests:
  1. Material that is classified as Top Secret in the name of national defense or foreign policy by Executive Order.
  2. Material that relates to internal rules and agency practices. 
  3. Material that is specifically exempted by other statutes.
  4. Material relating to trade secrets, commercial, or confidential financial information.
  5. Inter and Intra-agency memos that are unavailable to third parties that are not involved in litigation with the agency.
  6. Personnel and medical files and disclosure of similar files that constitute an unwarranted invasion of privacy.
  7. Certain records and information for law enforcement purposes with certain limitations.
  8. Material responsible for the regulation or supervision of financial institutions.
  9. Geological and geophysical information concerning wells.
Any fees accumulated for federal FOIA requests must be reasonable in relation to the actions to acquire the requested information. 

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State
Child Abuse Contact Information/Hotlines
Child Trafficking Hotlines

Alaska

800-478-4444

Arizona

888-SOS-CHILD (1-888-767-2445)

Arkansas

800-482-5964

California

800-422-4453

Colorado

844-264-5437

Connecticut

800-842-2288

Delaware

800-292-9582

Florida

1-800-96-ABUSE (1-800-962-2873)

Georgia

855-422-4453

866-363-4842

Hawaii

Oahu: 808-832-5300 Hawaii Island, Maui, Molokai, Lanai, Kauai: 888-380-3088

Oahu: 808-832-1999 Hawaii Island, Maui, Molokai, Lanai, Kauai: 888-398-1188

Idaho

855-552-5437

208-630-6601

Illinois

800-252-2873

888-373-7888

Indiana

800-800-5556

888-373-7888

Iowa

800-362-2178

515-725-6330

Kansas

800-922-5330

888-373-7888

Kentucky

877-597-2331

888-373-7888

Louisiana

855-452-5437

800-434-8007

Maine

800-452-1999

888-373-7888

Maryland

800-917-7383

888-373-7888

Massachusetts

800-792-5200

617-963-2223

Michigan

855-444-3911

888-373-7888

Minnesota

By County

877-996-6222

Misssissippi

888-222-8000

888-373-7888

Missouri

800-392-3738

888-373-7888

Montana

866-820-5437

833-406-7867

Nebraska

800-652-1999

833-757-5665

Nevada

Washoe: 833-900-7233, Clark: 702-399-0081, All other counties: 833-571-1041

888-373-7888

New Hampshire

Everybody: 603-271-6562, In-state: 800-894-5533

800-277-5570

New Jersey

877-652-2873

855-363-6548

New Mexico

855-333-7233

888-373-7888

New York

800-342-3720

800-771-7755

North Carolina

888-373-7888

North Dakota

833-958-3500

888-373-7888

Ohio

855-642-4453

888-373-7888

Oklahoma

800-522-3511

855-617-2288

Oregon

855-503-7233

888-373-7888

Pennsylvania

800-932-0313

888-373-7888

Rhode Island

800-742-4453

888-373-7888

South Carolina

888-227-3487

888-373-7888

South Dakota

877-244-0864

888-373-7888

Tennessee

877-237-0004

855-558-6484

Texas

800-252-5400

888-373-7888

Utah

855-323-3237

801-200-3443

Vermont

800-649-5285

888-984-8626

Virginia

In-state: 804-786-8535 Out-of-State: 800-552-7096

833-463-6448

Washington

6 Different Regional Numbers:
Region 1: 800-557-9671, Region 2: 855-420-5888, Region 3: 866-829-2153, Region 4: 800-609-8764, Region 5: 888-713-6115, Region 6: 866-764-2233

888-373-7888

West Virginia

800-352-6513

888-373-7888

Wisconsin

888-373-7888

Wyoming

888-373-7888

The matrix below provides state laws, which include the state’s definition of grooming.

State
Statute
Name
Online/In-person/Both
Felony/ Misdemeanor
Penalty

Alabama

Electronic Solicitation of a Child

On-line

Class B Felony

Imprisoned between 2 and 20 years in prison

Alaska

Enticement of a Minor; Unlawful Exploitation of a Minor

Both

Class A Felony

Fined up to $250k and up to 20 years in prison

Arizona*

Luring a Minor for Sexual Exploitation

Unspecified

Class 3 Felony

Imprisoned between 2.5 to 7 years in prison

Arkansas

Sexual Grooming a Child

Both

Class D Felony or Class A Misdemeanor

Felony: Fined up to $10k and up to 6 years in prison
Misdemeanor: Fined up to $2,500 and up to 1 year in jail

California

§ 647.6

Miscellaneous Offenses

Unspecified

Misdemeanor

Fined up to $5k, up to 1 year in jail, or both

Colorado*

§ 18-6-403

Sexual Exploitation of a Child

Unspecified

Class 3, 4, or 5 Felony

Class 3: Fined up to $750k and imprisoned up between 10 and 32 years
Class 4: Imprisonment between 2 to 6 years and fined between $2k and $500k
Class 5: Imprisonment between a year and 18 months a fined between $1k and $100k

Connecticut

§ 53a-90a

Enticing a Minor

Online

Class B, C, or D Felony

Class B: Fined up to $15k and imprisoned between 1 and 40 years
Class C: Fined up to $10k and imprisoned between 1 and 10 years
Class D: Fined up to $5k and imprisoned between 1 and 5 years

Delaware

§ 1112A

Sexual Solicitation of a Child

Both

Class B or C Felony

Class B: Between 2 and 25 years in prison
Class C: Up to 15 years in prison

Florida

Prohibited Computer Usage

Online

Second or Third-Degree Felony

Second-Degree: Fined up to $10k and up to 15 years in prison
Third-Degree: Fined up to $5k and up to 5 years in prison

Georgia

Child Exploitation

Online

Felony

Fined up to $25k and imprisoned between 1 and 20 years

Hawaii*

Electronic Enticement

Online

Class B or C Felony

Class B: Imprisoned up to 10 years
Class C: Imprisoned up to 10 years

Idaho

Enticing a Child through use of the Internet or other Communication Device

Online

Felony

Imprisoned up to 15 years

Illinois

§ 5/11-25

Grooming

Online

Class 4 Felony

Between 1 and 3 years in prison

Indiana

Inappropriate Communication with a child

In-person

Level 6 Felony or Class A or B Misdemeanor

Felony: Between 6 months in jail and 2.5 years in prison
Misdemeanor: Up to 1 year in jail and fined up to $5k (based on Class A misdemeanor)

Iowa

§ 728.12

Sexual Exploitation of a Minor

Unspecified

Class C or D Felony

Fined up to $50k and any other appropriate sentence

Kansas

§ 21-5510

Sexual Exploitation of a Child

Unspecified

Off-Grid Person, Severity Level 3 or 5 person Felony

Level 3: Imprisoned between 55 and 247 months
Level 5: Imprisoned between 31 and 136 months
Off-grid: Death or Life in prison

Kentucky

§ 510.155

Unlawful use of electronic means to induce a minor

Online

Class C or D Felony

Imprisoned between 5 and 10 years

Louisiana

§ 14:81.3

Computer-aided Solicitation of a Minor

Online

Felony

Fined up to $10k and imprisoned up to 20 years

Maine

§ 259-A

Solicitation of a Child

Both

Class C or D Crime (Felony or Misdemeanor)

Class C (Felony): Imprisoned up to 5 years and fined up to $5k
Class D Misdemeanor: Up to 1 year in jail and fined up to $2k

Maryland

§ 3-324

Computer-aided Solicitation of a Minor

Both

Felony

Fined up to $25k or imprisoned up to 10 years

Massachusetts

Inducing a Minor for Sex

In-Person

Felony

Fined up to $1k, Imprisoned up to 3 years, or both

Michigan

Accosting, Enticing, or Soliciting a Minor for Immoral Purpose

Unspecified

Felony

Fined up to $4k or imprisoned up to 4 years

Minnesota

§ 609.352

Solicitation of a Child for Sex

On-line

Felony

Fined up to $10k or imprisoned up to 5 years

Mississippi

§§ 97-5-33
and 97-5-35

Exploitation of Children

Both

Felony

Fined between $50k and $500k and imprisoned between 5 and 40 years

Missouri

§ 566.151

 

Enticement of a Child

Both

Felony

Imprisoned between 5 and 30 years

Montana

§ 45-5-625

Sexual Abuse of Children

Unspecified

Felony

Fined up to $10k and imprisoned for life or up to 100 years

Nebraska

Sexual Assault using electronic communication

Online

IC or ID Felony

IC Felony: Imprisoned between 5 and 50 years in prison
ID Felony: Imprisoned between 3 and 50 years in prison

Nevada*

§ 201.560

Luring Children

Both

Category B or C Felony

Computer: Fined up to $10k and imprisoned between 1 and 10 years
Other Means: Fined up to $10k and imprisoned between 2 and 15 years

New Hampshire

§ 649-B:4

Prohibited Computer Uses

On-line

Class A or B Felony

Imprisoned between 10 and 20 years

New Jersey

§ 2C:13-6

Luring and Enticing a child

Both

Felony

Mandatory Minimum of 1/3 to ½ sentence imposed or 3 years, whichever is greater

New Mexico

Child Solicitation by Electronic Device

On-line

Second, Third, or Fourth-Degree Felony

Second-Degree: Up to 15 years in prison and fined up to $12,500
Third-Degree: Up to 6 years in prison and fined up to $5k
Fourth-Degree: Up to 10 years in prison and fined up to $5k

New York

§§ 100.08

Criminal Solicitation

Unspecified

Class E Felony

Imprisoned between 16 months and 4 years

North Carolina

§ 14-202.3

Solicitation of Child by Computer

On-line

Class G or H Felony

Class G: Imprisoned between 8 and 31 months
Class H: Imprisoned between 4 and 25 months

North Dakota

Corruption, Solicitation, Luring a Minor

Both

Class A Misdemeanor or Class B or C Felony

Class A Misdemeanor: Up to 1 year in prison and fined up to $3k
Class B Felony: Up to 10 years in prison and fined up to $20k
Class C Felony: Up to 5 years in prison and fined up to $10k

Ohio

§ 2905.05

Criminal Child Enticement

Unspecified

First-Degree Misdemeanor or Fifth-Degree Felony

Misdemeanor: Up to 180 days in jail and fined up to $1k
Felony: Imprisoned between 6 and 12 months in jail and fined up to $2,500

Oklahoma

Lewd or Indecent Proposals to Minors

Both

Felony

Imprisoned between 3 and 25 years

Oregon

§ 167.057

Luring a Minor

Unspecified

Class C Felony

Imprisoned up to 5 years, fined up to $125k, or both

Pennsylvania*

§ 6320

Sexual Exploitation of Children

Unspecified

Second-Degree Felony

Imprisoned up to 10 years and fined up to $25k

Rhode Island

§ 11-37-8.8

Indecent Solicitation of a Child

Both

Felony

Imprisoned at least 5 years (See R.I. Gen. Laws Section 11-37-8.9)

South Carolina

Solicitation of a Minor

Both

Felony

Fined up to $5k and imprisoned for up to 10 years

South Dakota

§ 22-24A-5

Solicitation of a Minor

Both

Class 4 Felony

Imprisoned up to 10 years and fined up to $20k

Tennessee

§ 39-13-528

Solicitation of a Minor

Both

One classification less than most serious crime solicited (Felony)

Example: If Class A Felony committed, punished like Class B Felony

Texas

Penal Code  Ch. 15 § 15.032 (Effective September 1, 2023); Ch. 33 § 33.021

Child Grooming; Online Solicitation of a Minor

Both

Section 33.021: Second or Third-Degree Felony
Section 15.032: Second or Third-Degree Felony

Second-Degree: Imprisoned between 2 and 20 years in prison and fined up to $10k
Third-Degree: Imprisoned between 2 and 10 years in prison and fined up to $10k

Utah

Enticement of a Minor

Online

One classification less than the illegal conduct (Felony or Misdemeanor)

Example: If First-Degree Felony committed, punished like Second-Degree Felony

Vermont

Sexual Exploitation of Children

Both

Felony

Fined up to $10k or imprisoned for up to 5 years
(See 13 V.S.A. 2825(e))

Virginia

Display of Child Pornography or Grooming Videos to a Child

Unspecified (but presumably online)

Class 6 Felony

Imprisoned between 1 to 5 years in prison

Washington*

§ 9.68A.040

Sexual Misconduct (Limited to School Employees)

Unspecified

Class B Felony

Imprisoned up to 10 years, fined up to $20k, or both

West Virginia

§ 61-3C-14b

Soliciting a Minor Through a Computer

Online

Felony

Fined up to $5k or imprisoned between 2 and 10 years

Wisconsin*

§ 942.09(4)

Representations depicting nudity

Unspecified

Class I Felony or Class A Misdemeanor

Felony: Imprisoned up to 3.5 years and fined up to $10k
Misdemeanor: Imprisoned up to 9 months in jail and fined up to $10k

Wyoming

§ 6-2-318

Soliciting to Engage in Illicit Sexual Relations

Unspecified

Felony

Imprisoned up to 5 years

*States that do not have a grooming statute or are too general to be called a grooming statute.

Source: Leah E. Kaylor, Georgia M. Winters, Elizabeth L. Jeglic & Jennifer Cilli (2022) An analysis of child sexual grooming legislation in the United States, Psychology, Crime & Law, DOI: 10.1080/1068316X.2022.2043313

The information, links, and other materials furnished by America’s Future on this website page are being furnished only for educational and informational purposes and with the understanding that America’s Future, Inc. is not engaged in rendering legal advice. If legal advice or other expert assistance is required, the services of a competent professional advisor should be sought. Before relying on the information, links, or other materials on this website page, you should confirm that the materials provided are current and complete and have not been rescinded, modified, deleted, or updated otherwise.

REPORT HUMAN TRAFFICKING

Washington State Child Abuse Hotline: 1-866-ENDHARM (363-4276)

Washington State Child Trafficking Hotline: 1-888-373-7888

Homeland Security Human Trafficking Hotline:
1-866-347-2423

Immigration and Customs Enforcement Hotline:
1-866-DHS-2-ICE

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