S-3879 _______________________________________________
SENATE BILL NO. 6289
_______________________________________________
State of Washington 50th Legislature 1988 Regular Session
By Senators Anderson, Pullen, Wojahn, Stratton, Lee, Kiskaddon, Bailey, Johnson, Saling, Nelson and Smith
Read first time 1/18/88 and referred to Committee on Law & Justice.
AN ACT Relating to sexual offenses; amending RCW 9A.44.050 and 9A.44.100; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. Section 5, chapter 14, Laws of 1975 1st ex. sess. as last amended by section 2, chapter 118, Laws of 1983 and RCW 9A.44.050 are each amended to read as follows:
(1) A person is guilty of rape in the second degree when, under circumstances not constituting rape in the first degree, the person engages in sexual intercourse with another person:
(a) By
forcible compulsion; ((or))
(b) When the victim is incapable of consent by reason of being physically helpless or mentally incapacitated; or
(c) When the victim is developmentally disabled and the perpetrator is in a position of authority over the victim.
(2) Rape in the second degree is a class B felony.
Sec. 2. Section 9A.88.100, chapter 260, Laws of 1975 1st ex. sess. as amended by section 1, chapter 131, Laws of 1986 and RCW 9A.44.100 are each amended to read as follows:
(1) A person is guilty of indecent liberties when he knowingly causes another person who is not his spouse to have sexual contact with him or another:
(a) By forcible compulsion; or
(b) When the other person is less than fourteen years of age; or
(c) When
the other person is less than sixteen years of age and the perpetrator is more
than forty-eight months older than the person and is in a position of authority
over the person; ((or))
(d) When the other person is incapable of consent by reason of being mentally defective, mentally incapacitated, or physically helpless; or
(e) When the other person is developmentally disabled and the perpetrator is in a position of authority over the person.
(2) For purposes of this section and RCW 9A.44.050:
(a) "Sexual contact" means any touching of the sexual or other intimate parts of a person done for the purpose of gratifying sexual desire of either party.
(b) "Person in a position of authority" means any person who is a parent or acting in the place of a parent and is charged with any of a parent's rights, duties, or responsibilities to a child, or a person who is charged with any duty or responsibility for the health, welfare, education, or supervision of a child or developmentally disabled person, either independently or through another, no matter how briefly, at the time of the act.
(c) "Developmentally disabled" has the meaning provided in RCW 71.20.016.