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Washington State Debates the Reestablishment of Child Protection Advisory Board

Since 2015, the Washington State Patrol has implemented ‘net nanny’ operations to apprehend suspected child predators, detaining hundreds in the process. However, state government officials are debating a shift in approach. Legislation was brought before the committee on a recent Thursday, advocating the reestablishment of the Missing and Exploited Children Task Force (MECTF) advisory board within the Washington State Patrol. Although the task force remains extant, its supervisory board was dissolved almost ten years ago, after approximately six years of inactivity.

Senator Lisa Wellman, the Democratic representative from Mercer Island, is leading the charge to resurrect the board through Senate Bill 5282. Should the bill pass, the board would be obligated to prepare annual reports on the MECTF’s sting operations, detailing the initiative’s successes and areas for improvement. Such reports would include suggestions on how optimally to reach the MECTF’s goals.

Simultaneously, Senator Wellman is spearheading Senate Bill 5312, aiming to decrease the mandatory sex offender registration period for those apprehended during net nanny operations to five years. The practice of people posing online as underage persons in an effort to lure child predators has seen a surge in implementation. The law enforcement agency maintains that these proactive undertakings have far-reaching results, shielding innumerable potential victims.

It is believed that reestablishing the advisory board could reassure the public of the transparency and ethical conduct of the task force. Such oversight would engender a shift in prioritization from potential offenders who may be vulnerable segments of the population, such as those who might be neurodivergent or lonely, to genuine threats to the community as stated in an official summary of public opinions on Senate Bill 5282.

Proponents of the reestablished board had their say in the Senate Law & Justice Committee last Monday, raising concerns about improper use of power by the police in these operations. Some citizens expressed reservations about the MECTF prioritizing sting operations over referrals related to child exploitation cases and officer shortages.

Following his arrest as a result of a net nanny operation in 2020, Seattle resident Colin Wood questioned the effectiveness of these projects, stating that real children have not been rescued and that the majority of arrestees were found to pose no threat to public safety upon evaluation.

Senator Wellman pointed out the economic impact of imprisoning around 300 individuals for five years, an expense that could approximate $100 million. This comes at a time of significant revenue deficits. She reiterated the necessity to focus resources on apprehending the most dangerous child predators who pose an immediate threat to society.

There exists a divergence of opinions among the public. Supporters contested that the operations targeted vulnerable individuals who might not have engaged in such crimes otherwise. On the other hand, opponents took the stance that the intent displayed by the individuals caught in the stings, even without the involvement of a real child, is in itself criminal and warranting of punishment.

Laura Harmon, a senior deputy prosecuting attorney for King County, explained the legality behind the convictions, indicating that prosecution wouldn’t proceed if concrete entrapment evidence was presented, or if the accused hadn’t made a significant move towards executing the crime, such as visiting the supposed location of the child with the intent to commit sexual assault.

The efficiency of the net nanny operations in preventing or dissuading crime is uncertain, primarily due to a lack of comprehensive studies. The state analysis accounted for 299 cases of arrest from 2015 to 2022. Notably, 57% and 39% of these arrests stemmed from law enforcement personnel posing as minors on dating websites or forums and as parents soliciting adults for sexual activity with their offspring, respectively.

Comparisons were drawn between individuals arrested in undercover operations and those convicted around the same time for similar crimes not involving net nanny operations. The study suggested bloodcurdling parity between the two groups in terms of demographic characteristics and criminal history. This implies that those caught via net nanny operations bear striking resemblance to those arrested through traditional policing methods for crimes against minors.

Survivors of child sexual exploitation also voiced their support for the revival of the advisory board. One survivor emphasised that adults reporting past abuse often face backlog issues with their cases. Annual reports could offer evidence-supported suggestions, potentially leading to more successful case resolutions and preventative strategies.

On Thursday, the Senate Law & Justice Committee approved moving Senate Bill 5282 out of committee. However, Senate Bill 5312, pertaining to sex offender registration, has yet to see further action. If Senate Bill 5282 is enacted, there would be an approximate cost of $105,000 per biennium, drawn from the state general fund.

James McMahan, policy director for the Washington Association of Sheriffs and Police Chiefs, was firm in his stance. He stressed that their focus is on those who show concrete intent, arguing that the fact these crimes do not involve a real child is simply due to their vigilance. Crediting a child predator for not causing harm, he believes, is incongruous considering their clear intent to do so.