Statutes | Jamestown S'Klallam Tribal Code Title 21 Chapter 21.3 ยง 21.3.68A.104 | 2020
(1) A person commits the offense of advertising commercial sexual abuse of a minor if he or she knowingly publishes, disseminates, or displays, or causes directly or indirectly, to be published, disseminated, or displayed, any advertisement for a commercial sex act, which is to take place within Tribal properties or in the State of Washington and that includes the depiction of a minor.
(a) "Advertisement for a commercial sex act" means any advertisement or offer in electronic or print media, which includes either an explicit or implicit offer for a commercial sex act to occur within any Tribal property or in Washington.
(b) "Commercial sex act" means any act of sexual contact or sexual intercourse, both as defined in chapter 3.2A.44 of this Title, for which something of value is given or received by any person.
(c) "Depiction" as used in this section means any photograph or visual or printed matter as defined in sections 3.2.68A.011 (2) and (3).
(2) In a prosecution under this statute it is not a defense that the defendant did not know the age of the minor depicted in the advertisement. It is a defense, which the defendant must prove by a preponderance of the evidence, that the defendant made a reasonable bona fide attempt to ascertain the true age of the minor depicted in the advertisement by requiring, prior to publication, dissemination, or display of the advertisement, production of a drivers license, marriage license, birth certificate, or other Tribal or educational identification card or paper of the minor depicted in the advertisement and did not rely solely on oral or written representations of the minors age, or the apparent age of the minor as depicted. In order to invoke the defense, the defendant must produce for inspection by law enforcement a record of the identification used to verify the age of the person depicted in the advertisement.
(3) Advertising commercial sexual abuse of a minor is a felony.