HOUSE BILL REPORT

SHB 1333

BYHouse Committee on Judiciary (originally sponsored byRepresentatives Locke, Brough, Dellwo, Walker, Heavey, Belcher, Todd and P. King) 

Revising sexual offenses.

House Committe on Judiciary

Majority Report:  The substitute bill be substituted therefor and the substitute bill do pass.  (13)

      Signed by Representatives Armstrong, Chair; Crane, Vice Chair; Appelwick, Brough, Hargrove, Locke, Meyers, Moyer, Padden, Patrick, Schmidt, Scott and Wang.

House Staff:Bill Perry (786-7123)

Rereferred House Committee on Ways & Means/Appropriations

Majority Report:  The substitute bill by Committee on Judiciary be substituted therefor and the substitute bill do pass.  (19)

      Signed by Representatives Locke, Chair; Belcher, Braddock, Brekke, Brough, Butterfield, Fuhrman, Grant, Grimm, McLean, Nealey, Peery, Sayan, Silver, H. Sommers, Spanel, Sprenkle, Wang and B. Williams.

House Staff:      Maureen Morris (786-7136)

AS PASSED HOUSE FEBRUARY 9, 1988

BACKGROUND:

The criminal code defines a number of crimes relating to sexual activity.  These crimes involve either sexual intercourse (rape or statutory rape), or sexual contact short of intercourse (indecent liberties).  Some of these crimes relate solely to victims under a certain age.  Others apply to victims of any age.  Generally, those crimes that apply to victims of any age require some element of forcible compulsion against the victim. (Indecent liberties and lesser degrees of forcible rape may also occur when the victim is either unable to consent or clearly expresses a lack of consent.)  Those crimes that apply only to victims of a certain age do not require the use of forcible compulsion.

The forcible rape of a 10 year old victim or a 30 year old victim is the same crime.  An offender in either case is subject to the same presumptive and maximum sentences.  However, it is possible that the rape of the 10 year old would result in a longer sentence because the age of the victim can be an aggravating condition allowing for an exceptional sentence above the presumptive range.  The same sentencing principles apply to the crime of forcible indecent liberties.

Sexual intercourse or contact without forcible compulsion and with consent may be a crime when it occurs with a victim of a certain age.  These offenses include three degrees of statutory rape and portions of the crime of indecent liberties.  In some instances with respect to these crimes the age of the offender may also be an element of the crime.

All of the current sex offenses involving child victims are ranked on the felony sentencing grid of the Sentencing Reform Act (SRA).  These rankings determine the presumptive sentence that is likely to be given an offender, but the maximum sentence is determined by the classification of the crime.  Rankings are expressed as "levels" in the SRA, with the higher levels indicating longer sentences.  For example, the presumptive sentence range for a first- time offender who commits a level X offense is between 51 and 68 months in prison, and for a first-time offender who commits a level III offense, it is between one and three months.  Crimes are classified either as felonies ("A", "B" or "C"), which are covered by the SRA, or as misdemeanors or gross misdemeanors, which are not. The maximum imprisonment for a class A felony is life; for a class B felony, 10 years; for a class C felony, five years; for a gross misdemeanor 1 year; and for a misdemeanor, 90 days.

Statutory rape in the first degree is a class A, level IX felony involving a victim under 11 and an offender over 13. Statutory rape in the second degree is a class B, level VII felony involving victims who are 11, 12 or 13, and an offender over 16. Statutory rape in the third degree is a class C, level III felony involving a victim who is 14 or 15, and an offender who is over 18.

Indecent liberties without forcible compulsion is a class B, level VI offense.  It may be committed by an offender of any age against a victim under age 14.  It may also be committed against a victim under 16 if the offender is at least 48 months older than the victim and in a "position of authority" with respect to the victim. Persons in positions of authority include parents and those acting as parents and anyone with a responsibility for the health, welfare, or education of the victim.

It is a defense to a sex offense based on the victim's age that, based on statements of the victim, the defendant reasonably believe the victim was "older."

SUMMARY:

The crimes of statutory rape are renamed, moved up one level in the SRA's sentencing grid and modified with respect to the ages of victims and offenders.  In addition, a new crime is created involving sexual intercourse with minors not previously covered by the statutory rape laws.  The crimes of indecent liberties with a child under age 14 and with a child under age 16 are replaced by three degrees of the crime of "child molestation".  In addition a new crime involving sexual contact with a minor is created.

Statutory rape is renamed "rape of a child". First degree is a class A, level X felony involving a victim under 12, and an offender at least 24 months older that the victim.  Second degree is a class B, level VIII felony involving a victim who is 12 or 13, and an offender at least 36 months older than the victim.  Third degree is a class C, level IV felony involving a victim who is 14 or 15, and an offender at least 48 months older than the victim.  A person of any age, however, commits any of the three levels of the crime if he or she has intercourse with a victim of the prescribed age, and there has been no consent by the victim, whether or not the lack of consent was clearly expressed by the victim's words or conduct.

The new crime of sexual misconduct with a minor in the first degree is also created.  It is a class C, level III felony involving sexual intercourse with a victim who is 16 or 17, and an offender who is at least 60 months older than the victim and who abuses a supervisory position while in a "significant relationship" with the victim.  Persons in significant relationships include anyone who undertakes to provide education, health, welfare or organized recreation for minors. "Abuse" of a supervisory position means a direct or indirect threat or promise to use authority to the detriment or benefit of the minor.

Three degrees of child molestation are created.  First degree is a class B, level VII felony involving a victim under 12 and an offender at least 36 months older than the victim. Second degree is a class B, level VI felony involving a victim who is 12 or 13, and an offender who is at least 36 months older than the victim. Third degree is a class C, level III felony involving a victim who is 14 or 15, and an offender who is at least 48 months older than the victim.  As in the case of crimes involving intercourse, a person of any age commits any of the three levels of the crime if he or she has sexual contact with a victim of the prescribed age, and there has been no consent by the victim.

The new crime of sexual misconduct with a minor in the second degree is also created. It is a gross misdemeanor.  Its elements are identical in all respects to the first degree crime except that it involves sexual contact instead of sexual intercourse.

The "mistaken age" defense to sex offenses is amended to reflect the particular victim and offender age requirements of each sex offense.

EFFECT OF SENATE AMENDMENT(S):  The amendments make two changes.  First, "lack of consent" by the victim is removed as an alternative element in all degrees of rape of a child and child molestation. Second, child molestation in the second degree is given the same seven year statute of limitations as child molestation in the first degree, and indecent liberties by forcible compulsion is returned to its current three year statute of limitations.  Third, first and second degree rape of a child and child molestation are statutorily added to the Juvenile Disposition Sentencing Standards.

Effective Date:The bill takes effect July 1, 1988.

Fiscal Note:      Requested January 26, 1988.

House Committee ‑ Testified For:    (Judiciary)  Roxanne Park, Sentencing Guidelines Commission; Norm Maleng, King County Prosecutor; Carol Mason, Washington Association of Child Abuse Councils; (In part) Charles Williams, Washington Association of Criminal Defense Lawyers.

(Ways & Means/Appropriations)  Mike Redman, Washington Association of Prosecuting Attorneys.

House Committee - Testified Against:      (Judiciary)  (In part) Charles Williams, Washington Association of Criminal Defense Lawyers.

(Ways & Means/Appropriations)  None Presented.

House Committee - Testimony For:    (Judiciary)  The bill gives more appropriate labels to sexual offenses against children.  It increases the penalties for offenses involving child victims to the same levels, for the most part, as comparable crimes involving forcible compulsion and victims of any age.  It more appropriately distinguishes levels of offenses involving child molestation based on the age of the victim.  It makes illegal in very narrow circumstances the abuse of authority in order to engage in sex with 16 or 17 year olds.

(Ways & Means/Appropriations)  Expressed support for measure.

House Committee - Testimony Against:      (Judiciary)  The bill criminalizes behavior involving 16 and 17 year olds that is currently legal.  This change may result in the improper use or threatened use of the law by precocious 16 or 17 year olds against authority figures.

(Ways & Means/Appropriations)  None Presented.

VOTE ON FINAL PASSAGE:

      Yeas 97; Excused 1

Excused:    Representative Taylor