H-1633.1 _______________________________________________
SUBSTITUTE HOUSE BILL 1737
_______________________________________________
State of Washington 53rd Legislature 1993 Regular Session
By House Committee on Judiciary (originally sponsored by Representatives Ballasiotes, Campbell, Dyer, Morris, Thomas, Schoesler, Chappell, Dorn, Riley, Anderson, H. Myers, Mielke, Van Luven, Cooke, Scott, Foreman, Jones, Ballard, Jacobsen, Brough, Kremen, Silver, Rayburn, G. Fisher, Orr, Long, Johanson, Schmidt and Wood)
Read first time 02/19/93.
AN ACT Relating to crimes involving minors or developmentally disabled persons; amending RCW 9.68A.090; adding a new section to chapter 9A.40 RCW; creating a new section; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. The legislature intends to clarify that the offense of communicating with a minor for immoral purposes occurs whenever a person communicates with a minor and the communication is committed for the sexual gratification of the perpetrator, or for purposes which, if completed, would be a sex offense under Title 9 or 9A RCW. The legislature also intends to prohibit communications for the sexual exploitation of minors and for the grooming of minors to facilitate sexual abuse. Further, the legislature intends to protect developmentally disabled persons from communications with them for immoral purposes.
Sec. 2. RCW 9.68A.090 and 1989 c 32 s 7 are each amended to read as follows:
(1) A person who communicates with a
minor or developmentally disabled person for immoral purposes is guilty
of a gross misdemeanor, unless that person has previously been convicted under
this section or of a felony ((sexual)) sex offense ((under
chapter 9.68A, 9A.44, or 9A.64 any other felony sexual offense)) in this or
any other state, in which case the person is guilty of a class C felony
punishable under chapter 9A.20 RCW.
(2) As used in this section:
(a) "Immoral purposes" means:
(i) Any act which, if completed, would constitute a violation of chapter 9.68A, 9A.44, 9A.64, or 9A.88 RCW; or
(ii) Conduct or communication with a minor or developmentally disabled person when committed for the sexual gratification of the perpetrator when the minor or developmentally disabled person is the object of the gratification.
(b) "Minor" means a person under age eighteen when communicating with the minor for the immoral purposes prohibited by RCW 9A.44.093, 9A.44.096, 9A.64.020, any violation in chapter 9A.88 RCW, or any other section in this chapter. In all other cases, "minor" means a person under age sixteen.
(c) "Developmentally disabled person" means a person with a developmental disability as defined in RCW 71A.10.020.
NEW SECTION. Sec. 3. A new section is added to chapter 9A.40 RCW to read as follows:
A person commits the crime of luring if the person:
(1)(a) Orders, lures, or attempts to lure a minor or developmentally disabled person into a structure that is obscured from or inaccessible to the public or into a motor vehicle;
(b) Does not have the consent of the minor's parent or guardian or the developmentally disabled person's guardian; and
(c) Is unknown to the child or developmentally disabled person.
(2) It is a defense to luring, which the defendant must prove beyond a preponderance of the evidence, that the defendant's actions were reasonable under the circumstances and the defendant did not have any intent to harm the health, safety, or welfare of the minor or developmentally disabled person.
(3) For purposes of this section:
(a) "Minor" means a person under the age of sixteen;
(b) "Developmentally disabled person" means a person with a developmental disability as defined in RCW 71A.10.020.
(4) Luring is a class C felony.
NEW SECTION. Sec. 4. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
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