AN ACT Relating to sexual offenses; amending RCW 9A.44.010, 9.94A.440, 9A.46.060, 9A.88.030, 13.40.020, 13.40.110, and 70.125.030; reenacting and amending RCW 9.94A.320 and 9A.04.080; adding new sections to chapter 9A.44 RCW; creating a new section; repealing RCW 9A.44.070, 9A.44.080, and 9A.44.090; prescribing penalties; and providing an effective date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. Section 1, chapter 14, Laws of 1975 1st ex. sess. as amended by section 1, chapter 123, Laws of 1981 and RCW 9A.44.010 are each amended to read as follows:

As used in this chapter:

(1) "Sexual intercourse" (a) has its ordinary meaning and occurs upon any penetration, however slight, and

(b) Also means any penetration of the vagina or anus however slight, by an object, when committed on one person by another, whether such persons are of the same or opposite sex, except when such penetration is accomplished for medically recognized treatment or diagnostic purposes, and

(c) Also means any act of sexual contact between persons involving the sex organs of one person and the mouth or anus of another whether such persons are of the same or opposite sex.

(2) "Married" means one who is legally married to another, but does not include a person who is living separate and apart from his or her spouse and who has filed in an appropriate court for legal separation or for dissolution of his or her marriage.

(3) "Mental incapacity" is that condition existing at the time of the offense which prevents a person from understanding the nature or consequences of the act of sexual intercourse whether that condition is produced by illness, defect, the influence of a substance or from some other cause;

(4) "Physically helpless" means a person who is unconscious or for any other reason is physically unable to communicate unwillingness to an act;

(5) "Forcible compulsion" means physical force which overcomes resistance, or a threat, express or implied, that places a person in fear of death or physical injury to herself or himself or another person, or in fear that she or he or another person will be kidnapped;

(6) "Consent" means that at the time of the act of sexual intercourse there are actual words or conduct indicating freely given agreement to have sexual intercourse;

(7) "Significant relationship" means a situation in which the perpetrator is:

(a) A person who is acting in the place of a parent and who is charged with any of a parent's rights, duties, or responsibilities;

(b) Any person who undertakes the responsibility, professionally or voluntarily, to provide education, health, welfare, or organized recreational activities principally for minors and who abuses his or her supervisory position to engage in sexual intercourse or sexual contact with a minor for whom he or she has such responsibility; or

(c) Any person who in the course of his or her employment supervises minors, and who abuses his or her supervisory position to engage in sexual intercourse or sexual contact with a minor.

NEW SECTION. Sec. 2. RAPE OF A CHILD IN THE FIRST DEGREE. (1) A person is guilty of rape of a child in the first degree when the person has sexual intercourse with another person, not married to the perpetrator, who is under twelve years of age, when the perpetrator is at least thirty-six months older than the victim.

(2) Rape of a child in the first degree is a class A felony.

NEW SECTION. Sec. 3. RAPE OF A CHILD IN THE SECOND DEGREE. (1) A person is guilty of rape of a child in the second degree when the person has sexual intercourse with another person, not married to the perpetrator, who is at least twelve years of age but less than fourteen years of age, when the perpetrator is at least thirty-six months older than the victim.

(2) Rape of a child in the second degree is a class B felony.

NEW SECTION. Sec. 4. STATUTORY RAPE. (1) A person is guilty of statutory rape when the person has sexual intercourse with another person, not married to the perpetrator, who is at least fourteen years of age but less than sixteen years of age, when the perpetrator is at least thirty-six months older than the victim.

(2) Statutory rape is a class C felony.

NEW SECTION. Sec. 5. SEXUAL MISCONDUCT WITH A MINOR IN THE FIRST DEGREE. (1) A person is guilty of sexual misconduct with a minor in the first degree when the person has sexual intercourse with another person, not married to the perpetrator, who is at least sixteen years of age but less than eighteen years of age, when the perpetrator is at least forty-eight months older than the victim and is in a significant relationship to the victim.

(2) Sexual misconduct with a minor in the first degree is a class C felony.

NEW SECTION. Sec. 6. SEXUAL MISCONDUCT WITH A MINOR IN THE SECOND DEGREE. (1) A person is guilty of sexual misconduct with a minor in the second degree when the person has sexual contact with another person, not married to the perpetrator, who is at least fourteen years of age but less than eighteen years of age, when the perpetrator is at least forty-eight months older than the victim and is in a significant relationship to the victim.

(2) Sexual misconduct with a minor in the second degree is a class C felony.

Sec. 7. Section 3, chapter 115, Laws of 1983 as last amended by section 4, chapter 187, Laws of 1987 and by section 1, chapter 224, Laws of 1987 and RCW 9.94A.320 are each reenacted and amended to read as follows:

TABLE 2

CRIMES INCLUDED WITHIN EACH SERIOUSNESS LEVEL

@lb!ix!tu5,10!ih12 !trXIV!tlAggravated Murder 1 (RCW 10.95.020)

!trXIII!tlMurder 1 (RCW 9A.32.030)

!tj1!tlHomicide by abuse (RCW 9A.32.055)

!trXII!tlMurder 2 (RCW 9A.32.050)

!trXI!tlAssault 1 (RCW 9A.36.011)

!trX!tlKidnapping 1 (RCW 9A.40.020)

!tj1!tlRape 1 (RCW 9A.44.040)

!tj1!tlRape of a Child 1 (section 2 of this 1988 act)

!tj1!tlDamaging building, etc., by explosion with threat to human being (RCW 70.74.280(1))

!tj1!tlOver 18 and deliver heroin or narcotic from Schedule I or II to someone under 18 and 3 years junior (RCW 69.50.406)

!tj1!tlLeading Organized Crime (RCW 9A.82.060(1)(a))

!trIX!tlRobbery 1 (RCW 9A.56.200)

!tj1!tlManslaughter 1 (RCW 9A.32.060)

!tj1!tl((~~Statutory Rape 1 (RCW 9A.44.070)~~))

!tj1!tlExplosive devices prohibited (RCW 70.74.180)

!tj1!tlEndangering life and property by explosives with threat to human being (RCW 70.74.270)

!tj1!tlOver 18 and deliver narcotic from Schedule III, IV, or V or a nonnarcotic from Schedule I-V to someone under 18 and 3 years junior (RCW 69.50.406)

!tj1!tlSexual Exploitation, Under 16 (RCW 9.68A.040(2)(a))

!tj1!tlInciting Criminal Profiteering (RCW 9A.82.060(1)(b))

!trVIII!tlArson 1 (RCW 9A.48.020)

!tj1!tlRape 2 (RCW 9A.44.050)

!tj1!tlRape of a Child 2 (section 3 of this 1988 act)

!tj1!tlPromoting Prostitution 1 (RCW 9A.88.070)

!tj1!tlSelling heroin for profit (RCW 69.50.410)

!trVII!tlBurglary 1 (RCW 9A.52.020)

!tj1!tl Vehicular Homicide (RCW 46.61.520)

!tj1!tlIntroducing Contraband 1 (RCW 9A.76.140)

!tj1!tl((~~Statutory Rape 2 (RCW 9A.44.080)~~))

!tj1!tlIndecent Liberties (with forcible compulsion) (RCW 9A.44.100(1)(a))

!tj1!tlSexual Exploitation, Under 18 (RCW 9.68A.040(2)(b))

!tj1!tlDealing in depictions of minor engaged in sexually explicit conduct (RCW 9.68A.050)

!tj1!tlSending, bringing into state depictions of minor engaged in sexually explicit conduct (RCW 9.68A.060)

!trVI!tlBribery (RCW 9A.68.010)

!tj1!tlManslaughter 2 (RCW 9A.32.070)

!tj1!tlIntimidating a Juror/Witness (RCW 9A.72.110, 9A.72.130)

!tj1!tlDamaging building, etc., by explosion with no threat to human being (RCW 70.74.280(2))

!tj1!tlEndangering life and property by explosives with no threat to human being (RCW 70.74.270)

!tj1!tlIndecent Liberties (without forcible compulsion) (RCW 9A.44.100(1) (b)((~~, (c), and (d)~~)))

!tj1!tlIncest 1 (RCW 9A.64.020(1))

!tj1!tlSelling for profit (controlled or counterfeit) any controlled substance (except heroin) (RCW 69.50.410)

!tj1!tlManufacture, deliver, or possess with intent to deliver heroin or narcotics from Schedule I or II (RCW 69.50.401(a)(1)(i))

!tj1!tlIntimidating a Judge (RCW 9A.72.160)

!trV !tlCriminal Mistreatment 1 (RCW 9A.42.020)

!tj1!tlRape 3 (RCW 9A.44.060)

!tj1!tlKidnapping 2 (RCW 9A.40.030)

!tj1!tlExtortion 1 (RCW 9A.56.120)

!tj1!tlIncest 2 (RCW 9A.64.020(2))

!tj1!tlPerjury 1 (RCW 9A.72.020)

!tj1!tlExtortionate Extension of Credit (RCW 9A.82.020)

!tj1!tlAdvancing money or property for extortionate extension of credit (RCW 9A.82.030)

!tj1!tlExtortionate Means to Collect Extensions of Credit (RCW 9A.82.040)

!tj1!tlRendering Criminal Assistance 1 (RCW 9A.76.070)

!trIV!tlRobbery 2 (RCW 9A.56.210)

!tj1!tlAssault 2 (RCW 9A.36.021)

!tj1!tlEscape 1 (RCW 9A.76.110)

!tj1!tlArson 2 (RCW 9A.48.030)

!tj1!tlStatutory Rape (section 4 of this 1988 act)

!tj1!tlSexual Misconduct with a Minor 1 (section 5 of this 1988 act)

!tj1!tlBribing a Witness/Bribe Received by Witness (RCW 9A.72.090, 9A.72.100)

!tj1!tlMalicious Harassment (RCW 9A.36.080)

!tj1!tlWilful Failure to Return from Furlough (RCW 72.66.060)

!tj1!tlHit and Run -- Injury Accident (RCW 46.52.020(4))

!tj1!tlVehicular Assault (RCW 46.61.522)

!tj1!tlManufacture, deliver, or possess with intent to deliver narcotics from Schedule III, IV, or V or nonnarcotics from Schedule I-V (except marijuana) (RCW 69.50.401(a)(1)(ii) through (iv))

!tj1!tlInfluencing Outcome of Sporting Event (RCW 9A.82.070)

!tj1!tlUse of Proceeds of Criminal Profiteering (RCW 9A.82.080 (1) and (2))

!tj1!tlKnowingly Trafficking in Stolen Property (RCW 9A.82.050(2))

!trIII !tlCriminal mistreatment 2 (RCW 9A.42.030)

!tj1!tl((~~Statutory Rape 3 (RCW 9A.44.090)~~))

!tj1!tlSexual Misconduct with a Minor 2 (section 6 of this 1988 act)

!tj1!tlExtortion 2 (RCW 9A.56.130)

!tj1!tlUnlawful Imprisonment (RCW 9A.40.040)

!tj1!tlAssault 3 (RCW 9A.36.031)

!tj1!tlUnlawful possession of firearm or pistol by felon (RCW 9.41.040)

!tj1!tlHarassment (RCW 9A.46.020)

!tj1!tlPromoting Prostitution 2 (RCW 9A.88.080)

!tj1!tlWilful Failure to Return from Work Release (RCW 72.65.070)

!tj1!tlIntroducing Contraband 2 (RCW 9A.76.150)

!tj1!tl Communication with a Minor for Immoral Purposes (RCW 9.68A.090)

!tj1!tlPatronizing a Juvenile Prostitute (RCW 9.68A.100)

!tj1!tlEscape 2 (RCW 9A.76.120)

!tj1!tlPerjury 2 (RCW 9A.72.030)

!tj1!tlIntimidating a Public Servant (RCW 9A.76.180)

!tj1!tlTampering with a Witness (RCW 9A.72.120)

!tj1!tlManufacture, deliver, or possess with intent to deliver marijuana (RCW 69.50.401(a)(1)(ii))

!tj1!tlRecklessly Trafficking in Stolen Property (RCW 9A.82.050(1))

!tj1!tlTheft of livestock 1 (RCW 9A.56.080)

!trII!tlMalicious Mischief 1 (RCW 9A.48.070)

!tj1!tlPossession of Stolen Property 1 (RCW 9A.56.150)

!tj1!tlTheft 1 (RCW 9A.56.030)

!tj1!tlTheft of Livestock 2 (RCW 9A.56.080)

!tj1!tlBurglary 2 (RCW 9A.52.030)

!tj1!tlPossession of controlled substance that is either heroin or narcotics from Schedule I or II (RCW 69.50.401(d))

!tj1!tlCreate, deliver, or possess a counterfeit controlled substance (RCW 69.50.401(b))

!tj1!tlComputer Trespass 1 (RCW 9A.52.110)

!trI!tlTheft 2 (RCW 9A.56.040)

!tj1!tlPossession of Stolen Property 2 (RCW 9A.56.160)

!tj1!tlForgery (RCW 9A.60.020)

!tj1!tl Taking Motor Vehicle Without Permission (RCW 9A.56.070)

!tj1!tlVehicle Prowl 1 (RCW 9A.52.095)

!tj1!tl Attempting to Elude a Pursuing Police Vehicle (RCW 46.61.024)

!tj1!tlMalicious Mischief 2 (RCW 9A.48.080)

!tj1!tlReckless Burning 1 (RCW 9A.48.040)

!tj1!tlUnlawful Issuance of Checks or Drafts (RCW 9A.56.060)

!tj1!tlFalse Verification for Welfare (RCW 74.08.055)

!tj1!tlForged Prescription (RCW 69.41.020)

!tj1!tlForged Prescription for a Controlled Substance (RCW 69.50.403)

!tj1!tlPossess Controlled Substance that is a Narcotic from Schedule III, IV, or V or Non-narcotic from Schedule I-V (RCW 69.50.401(d))

!ix@la

Sec. 8. Section 15, chapter 115, Laws of 1983 as amended by section 30, chapter 257, Laws of 1986 and RCW 9.94A.440 are each amended to read as follows:

(1) Decision not to prosecute.

STANDARD: A prosecuting attorney may decline to prosecute, even though technically sufficient evidence to prosecute exists, in situations where prosecution would serve no public purpose, would defeat the underlying purpose of the law in question or would result in decreased respect for the law.

GUIDELINE/COMMENTARY:

Examples

The following are examples of reasons not to prosecute which could satisfy the standard.

(a) Contrary to Legislative Intent - It may be proper to decline to charge where the application of criminal sanctions would be clearly contrary to the intent of the legislature in enacting the particular statute.

(b) Antiquated Statute - It may be proper to decline to charge where the statute in question is antiquated in that:

(i) It has not been enforced for many years; and

(ii) Most members of society act as if it were no longer in existence; and

(iii) It serves no deterrent or protective purpose in today's society; and

(iv) The statute has not been recently reconsidered by the legislature.

This reason is not to be construed as the basis for declining cases because the law in question is unpopular or because it is difficult to enforce.

(c) De Minimus Violation - It may be proper to decline to charge where the violation of law is only technical or insubstantial and where no public interest or deterrent purpose would be served by prosecution.

(d) Confinement on Other Charges - It may be proper to decline to charge because the accused has been sentenced on another charge to a lengthy period of confinement; and

(i) Conviction of the new offense would not merit any additional direct or collateral punishment;

(ii) The new offense is either a misdemeanor or a felony which is not particularly aggravated; and

(iii) Conviction of the new offense would not serve any significant deterrent purpose.

(e) Pending Conviction on Another Charge - It may be proper to decline to charge because the accused is facing a pending prosecution in the same or another county; and

(i) Conviction of the new offense would not merit any additional direct or collateral punishment;

(ii) Conviction in the pending prosecution is imminent;

(iii) The new offense is either a misdemeanor or a felony which is not particularly aggravated; and

(iv) Conviction of the new offense would not serve any significant deterrent purpose.

(f) High Disproportionate Cost of Prosecution - It may be proper to decline to charge where the cost of locating or transporting, or the burden on, prosecution witnesses is highly disproportionate to the importance of prosecuting the offense in question. This reason should be limited to minor cases and should not be relied upon in serious cases.

(g) Improper Motives of Complainant - It may be proper to decline charges because the motives of the complainant are improper and prosecution would serve no public purpose, would defeat the underlying purpose of the law in question or would result in decreased respect for the law.

(h) Immunity - It may be proper to decline to charge where immunity is to be given to an accused in order to prosecute another where the accused's information or testimony will reasonably lead to the conviction of others who are responsible for more serious criminal conduct or who represent a greater danger to the public interest.

(i) Victim Request - It may be proper to decline to charge because the victim requests that no criminal charges be filed and the case involves the following crimes or situations:

(i) Assault cases where the victim has suffered little or no injury;

(ii) Crimes against property, not involving violence, where no major loss was suffered;

(iii) Where doing so would not jeopardize the safety of society.

Care should be taken to insure that the victim's request is freely made and is not the product of threats or pressure by the accused.

The presence of these factors may also justify the decision to dismiss a prosecution which has been commenced.

Notification

The prosecutor is encouraged to notify the victim, when practical, and the law enforcement personnel, of the decision not to prosecute.

(2) Decision to prosecute.

STANDARD:

Crimes against persons will be filed if sufficient admissible evidence exists, which, when considered with the most plausible, reasonably foreseeable defense that could be raised under the evidence, would justify conviction by a reasonable and objective fact-finder.

Crimes against property/other crimes will be filed if the admissible evidence is of such convincing force as to make it probable that a reasonable and objective fact-finder would convict after hearing all the admissible evidence and the most plausible defense that could be raised.

See table below for the crimes within these categories.

CATEGORIZATION OF CRIMES FOR PROSECUTING STANDARDS

@lb CRIMES AGAINST PERSONS

Aggravated Murder

1st Degree Murder

2nd Degree Murder

1st Degree Kidnaping

1st Degree Assault

1st Degree Rape

1st Degree Robbery

((~~1st Degree Statutory Rape~~))

1st Degree Rape of a Child

1st Degree Arson

2nd Degree Kidnaping

2nd Degree Assault

2nd Degree Rape

2nd Degree Robbery

1st Degree Burglary

1st Degree Manslaughter

2nd Degree Manslaughter

1st Degree Extortion

Indecent Liberties

((~~2nd Degree Statutory Rape~~))

Incest

2nd Degree Rape of a Child

Vehicular Homicide

Vehicular Assault

3rd Degree Rape

((~~3rd Degree Statutory Rape~~))

Statutory Rape

1st Degree Sexual Misconduct with a Minor

2nd Degree Sexual Misconduct with a Minor

2nd Degree Extortion

1st Degree Promoting Prostitution

Intimidating a Juror

Communication with a Minor

Intimidating a Witness

Intimidating a Public Servant

Bomb Threat (if against person)

3rd Degree Assault

Unlawful Imprisonment

Promoting a Suicide Attempt

Riot (if against person)

CRIMES AGAINST PROPERTY/OTHER CRIMES

2nd Degree Arson

1st Degree Escape

2nd Degree Burglary

1st Degree Theft

1st Degree Perjury

1st Degree Introducing Contraband

1st Degree Possession of Stolen Property

Bribery

Bribing a Witness

Bribe received by a Witness

Bomb Threat (if against property)

1st Degree Malicious Mischief

2nd Degree Theft

2nd Degree Escape

2nd Degree Introducing Contraband

2nd Degree Possession of Stolen Property

2nd Degree Malicious Mischief

1st Degree Reckless Burning

Taking a Motor Vehicle without Authorization

Forgery

2nd Degree Perjury

2nd Degree Promoting Prostitution

Tampering with a Witness

Trading in Public Office

Trading in Special Influence

Receiving/Granting Unlawful Compensation

Bigamy

Eluding a Pursuing Police Vehicle

Wilful Failure to Return from Furlough

Riot (if against property)

Thefts of Livestock

ALL OTHER UNCLASSIFIED FELONIES

@la Selection of Charges/Degree of Charge

(1) The prosecutor should file charges which adequately describe the nature of defendant's conduct. Other offenses may be charged only if they are necessary to ensure that the charges:

(a) Will significantly enhance the strength of the state's case at trial; or

(b) Will result in restitution to all victims.

(2) The prosecutor should not overcharge to obtain a guilty plea. Overcharging includes:

(a) Charging a higher degree;

(b) Charging additional counts.

This standard is intended to direct prosecutors to charge those crimes which demonstrate the nature and seriousness of a defendant's criminal conduct, but to decline to charge crimes which are not necessary to such an indication. Crimes which do not merge as a matter of law, but which arise from the same course of conduct, do not all have to be charged.

GUIDELINES/COMMENTARY:

Police Investigation

A prosecuting attorney is dependent upon law enforcement agencies to conduct the necessary factual investigation which must precede the decision to prosecute. The prosecuting attorney shall ensure that a thorough factual investigation has been conducted before a decision to prosecute is made. In ordinary circumstances the investigation should include the following:

(1) The interviewing of all material witnesses, together with the obtaining of written statements whenever possible;

(2) The completion of necessary laboratory tests; and

(3) The obtaining, in accordance with constitutional requirements, of the suspect's version of the events.

If the initial investigation is incomplete, a prosecuting attorney should insist upon further investigation before a decision to prosecute is made, and specify what the investigation needs to include.

Exceptions

In certain situations, a prosecuting attorney may authorize filing of a criminal complaint before the investigation is complete if:

(1) Probable cause exists to believe the suspect is guilty; and

(2) The suspect presents a danger to the community or is likely to flee if not apprehended; or

(3) The arrest of the suspect is necessary to complete the investigation of the crime.

In the event that the exception to the standard is applied, the prosecuting attorney shall obtain a commitment from the law enforcement agency involved to complete the investigation in a timely manner. If the subsequent investigation does not produce sufficient evidence to meet the normal charging standard, the complaint should be dismissed.

Investigation Techniques

The prosecutor should be fully advised of the investigatory techniques that were used in the case investigation including:

(1) Polygraph testing;

(2) Hypnosis;

(3) Electronic surveillance;

(4) Use of informants.

Pre-Filing Discussions with Defendant

Discussions with the defendant or his/her representative regarding the selection or disposition of charges may occur prior to the filing of charges, and potential agreements can be reached.

Sec. 9. Section 1, chapter 85, Laws of 1986 and section 13, chapter 257, Laws of 1986 and RCW 9A.04.080 are each reenacted and amended to read as follows:

(1) Prosecutions for ((the offenses of murder, and arson where death ensues, may be commenced at any period after the commission of the offense; for offenses the punishment of which may be imprisonment in a state correctional institution, committed by any public officer in connection with the duties of his office or constituting a breach of his public duty or a violation of his oath of office, and arson where death does not ensue, within ten years after their commission; for violations of RCW 9A.44.070, 9A.44.080, and 9A.44.100(1)(b), within seven years after their commission; for violations of RCW 9A.82.060 or 9A.82.080, within six years after their commission; for violations of class C felonies under chapter 74.09 RCW, within five years after their commission; for bigamy, within three years of the time specified in RCW 9A.64.010; for all other offenses the punishment of which may be imprisonment in a state correctional institution, within three years after their commission; two years for gross misdemeanors; and for all other offenses, within one year after their commission: PROVIDED, That any length of time during which the party charged was not usually and publicly resident within this state shall not be reckoned within the one, two, three, five, six, seven, and ten years respectively: AND FURTHER PROVIDED, That where an indictment has been found, or complaint or an information filed, within the time limited for the commencement of a criminal action, if the indictment, complaint or information be set aside, the time of limitation shall be extended by the length of time from the time of filing of such indictment, complaint, or information, to the time such indictment, complaint, or information was set aside)) criminal offenses shall not be commenced after the periods prescribed in this section.

(a) The following offenses may be prosecuted at any time after their commission:

(i) Murder;

(ii) Arson if a death results.

(b) The following offenses shall not be prosecuted more than ten years after their commission:

(i) Any felony committed by a public officer if the commission is in connection with the duties of his or her office or constitutes a breach of his or her public duty or a violation of the oath of office;

(ii) Arson if no death results.

(c) The following offenses shall not be prosecuted more than seven years after their commission: Rape of a child in the first or second degree.

(d) The following offenses shall not be prosecuted more than six years after their commission: Violations of RCW 9A.82.060 or 9A.82.080.

(e) The following offenses shall not be prosecuted more than five years after their commission: Any class C felony under chapter 74.09 RCW.

(f) Bigamy shall not be prosecuted more than three years after the time specified in RCW 9A.64.010.

(g) No other felony may be prosecuted more than three years after its commission.

(h) No gross misdemeanor may be prosecuted more than two years after its commission.

(i) No misdemeanor may be prosecuted more than one year after its commission.

(2) The periods of limitation prescribed in subsection (1) of this section do not run during any time when the person charged is not usually and publicly resident within this state.

(3) If, before the end of a period of limitation prescribed in subsection (1) of this section, an indictment has been found or a complaint or an information has been filed, and the indictment, complaint, or information is set aside, then the period of limitation is extended by a period equal to the length of time from the finding or filing to the setting aside.

Sec. 10. Section 6, chapter 288, Laws of 1985 and RCW 9A.46.060 are each amended to read as follows:

As used in this chapter, "harassment" may include but is not limited to any of the following crimes:

(1) Harassment (RCW 9A.46.020);

(2) Malicious harassment (RCW 9A.36.080);

(3) Telephone harassment (RCW 9.61.230);

(4) Assault in the first degree (RCW ((~~9A.36.010~~)) 9A.36.011);

(5) Assault in the second degree (RCW ((~~9A.36.020~~)) 9A.36.021);

(6) Simple assault (RCW ((~~9A.36.040~~)) 9A.36.041);

(7) Reckless endangerment (RCW 9A.36.050);

(8) Extortion in the first degree (RCW 9A.56.120);

(9) Extortion in the second degree (RCW 9A.56.130);

(10) Coercion (RCW 9A.36.070);

(11) Burglary in the first degree (RCW 9A.52.020);

(12) Burglary in the second degree (RCW 9A.52.030);

(13) Criminal trespass in the first degree (RCW 9A.52.070);

(14) Criminal trespass in the second degree (RCW 9A.52.080);

(15) Malicious mischief in the first degree (RCW 9A.48.070);

(16) Malicious mischief in the second degree (RCW 9A.48.080);

(17) Malicious mischief in the third degree (RCW 9A.48.090);

(18) Kidnapping in the first degree (RCW 9A.40.020);

(19) Kidnapping in the second degree (RCW 9A.40.030);

(20) Unlawful imprisonment (RCW 9A.40.040);

(21) Rape in the first degree (RCW 9A.44.040);

(22) Rape in the second degree (RCW 9A.44.050);

(23) Rape in the third degree (RCW 9A.44.060);

(24) Indecent liberties (RCW 9A.44.100);

(25) ((~~Statutory rape in the first degree (RCW 9A.44.070);~~

~~(26) Statutory rape in the second degree (RCW 9A.44.080); and~~

~~(27) Statutory rape in the third degree (RCW 9A.44.090)~~)) Rape of a child in the first degree (section 2 of this 1988 act);

(26) Rape of a child in the second degree (section 3 of this 1988 act);

(27) Statutory rape (section 4 of this 1988 act);

(28) Sexual misconduct with a minor in the first degree (section 5 of this 1988 act); and

(29) Sexual misconduct with a minor in the second degree (section 6 of this 1988 act).

Sec. 11. Section 9A.88.030, chapter 260, Laws of 1975 1st ex. sess. as amended by section 15, chapter 244, Laws of 1979 ex. sess. and RCW 9A.88.030 are each amended to read as follows:

(1) A person is guilty of prostitution if such person engages or agrees or offers to engage in sexual conduct with another person in return for a fee.

(2) For purposes of this section, "sexual conduct" means "sexual intercourse" ((~~as defined in RCW 9A.44.010(1)~~)) or "sexual contact," both as defined in chapter 9A.44 RCW ((~~9A.44.100(2)~~)).

(3) Prostitution is a misdemeanor.

Sec. 12. Section 56, chapter 291, Laws of 1977 ex. sess. as last amended by section 7, chapter 191, Laws of 1983 and RCW 13.40.020 are each amended to read as follows:

For the purposes of this chapter:

(1) "Serious offender" means a person fifteen years of age or older who has committed an offense which if committed by an adult would be:

(a) A class A felony, or an attempt to commit a class A felony;

(b) Manslaughter in the first degree or rape in the second degree; or

(c) Assault in the second degree, extortion in the first degree, indecent liberties, rape of a child in the second degree, kidnapping in the second degree, robbery in the second degree, or burglary in the second degree, ((~~or statutory rape in the second degree,~~)) where such offenses include the infliction of bodily harm upon another or where during the commission of or immediate withdrawal from such an offense the perpetrator is armed with a deadly weapon or firearm as defined in RCW 9A.04.110;

(2) "Community service" means compulsory service, without compensation, performed for the benefit of the community by the offender as punishment for committing an offense;

(3) "Community supervision" means an order of disposition by the court of an adjudicated youth. A community supervision order for a single offense may be for a period of up to one year and include one or more of the following:

(a) A fine, not to exceed one hundred dollars;

(b) Community service not to exceed one hundred fifty hours of service;

(d) Counseling; or

(e) Such other services to the extent funds are available for such services, conditions, or limitations as the court may require which may not include confinement;

(4) "Confinement" means physical custody by the department of social and health services in a facility operated by or pursuant to a contract with the state, or physical custody in a facility operated by or pursuant to a contract with any county. Confinement of less than thirty-one days imposed as part of a disposition or modification order may be served consecutively or intermittently, in the discretion of the court;

(5) "Court", when used without further qualification, means the juvenile court judge(s) or commissioner(s);

(6) "Criminal history" includes all criminal complaints against the respondent for which, prior to the commission of a current offense:

(a) The allegations were found correct by a court. If a respondent is convicted of two or more charges arising out of the same course of conduct, only the highest charge from among these shall count as an offense for the purposes of this chapter; or

(b) The criminal complaint was diverted by a prosecutor pursuant to the provisions of this chapter on agreement of the respondent and after an advisement to the respondent that the criminal complaint would be considered as part of the respondent's criminal history;

(7) "Department" means the department of social and health services;

(8) "Diversion unit" means any probation counselor who enters into a diversion agreement with an alleged youthful offender or any other person or entity with whom the juvenile court administrator has contracted to arrange and supervise such agreements pursuant to RCW 13.04.040, as now or hereafter amended, or any person or entity specially funded by the legislature to arrange and supervise diversion agreements in accordance with the requirements of this chapter;

(9) "Institution" means a juvenile facility established pursuant to chapters 72.05 and 72.16 through 72.20 RCW;

(10) "Juvenile," "youth," and "child" mean any individual who is under the chronological age of eighteen years and who has not been previously transferred to adult court;

(11) "Juvenile offender" means any juvenile who has been found by the juvenile court to have committed an offense, including a person eighteen years of age or older over whom jurisdiction has been extended under RCW 13.40.300;

(12) "Manifest injustice" means a disposition that would either impose an excessive penalty on the juvenile or would impose a serious, and clear danger to society in light of the purposes of this chapter;

(13) "Middle offender" means a person who has committed an offense and who is neither a minor or first offender nor a serious offender;

(14) "Minor or first offender" means a person sixteen years of age or younger whose current offense(s) and criminal history fall entirely within one of the following categories:

(a) Four misdemeanors;

(b) Two misdemeanors and one gross misdemeanor;

(d) Three gross misdemeanors;

(e) One class C felony and one misdemeanor or gross misdemeanor;

(f) One class B felony except: Any felony which constitutes an attempt to commit a class A felony; manslaughter in the first degree; rape in the second degree; assault in the second degree; extortion in the first degree; indecent liberties; kidnapping in the second degree; robbery in the second degree; burglary in the second degree; ((~~statutory~~)) rape of a child in the second degree; vehicular homicide; or arson in the second degree.

For purposes of this definition, current violations shall be counted as misdemeanors;

(15) "Offense" means an act designated a violation or a crime if committed by an adult under the law of this state, under any ordinance of any city or county of this state, under any federal law, or under the law of another state if the act occurred in that state;

(16) "Respondent" means a juvenile who is alleged or proven to have committed an offense;

(17) "Restitution" means financial reimbursement by the offender to the victim, and shall be limited to easily ascertainable damages for injury to or loss of property, actual expenses incurred for medical treatment for physical injury to persons, and lost wages resulting from physical injury. Restitution shall not include reimbursement for damages for mental anguish, pain and suffering, or other intangible losses. Nothing in this chapter shall limit or replace civil remedies or defenses available to the victim or offender;

(18) "Secretary" means the secretary of the department of social and health services;

(19) "Services" mean services which provide alternatives to incarceration for those juveniles who have pleaded or been adjudicated guilty of an offense or have signed a diversion agreement pursuant to this chapter;

(20) "Foster care" means temporary physical care in a foster family home or group care facility as defined in RCW 74.15.020 and licensed by the department, or other legally authorized care;

(21) "Violation" means an act or omission, which if committed by an adult, must be proven beyond a reasonable doubt, and is punishable by sanctions which do not include incarceration.

Sec. 13. Section 65, chapter 291, Laws of 1977 ex. sess. as amended by section 63, chapter 155, Laws of 1979 and RCW 13.40.110 are each amended to read as follows:

(1) The prosecutor, respondent, or the court on its own motion may, before a hearing on the information on its merits, file a motion requesting the court to transfer the respondent for adult criminal prosecution and the matter shall be set for a hearing on the question of declining jurisdiction. Unless waived by the court, the parties, and their counsel, a decline hearing shall be held where:

(a) The respondent is sixteen or seventeen years of age and the information alleges a class A felony or an attempt to commit a class A felony; or

(b) The respondent is seventeen years of age and the information alleges assault in the second degree, extortion in the first degree, indecent liberties, rape of a child in the second degree, kidnaping in the second degree, rape in the second degree, or robbery in the second degree.

(2) The court after a decline hearing may order the case transferred for adult criminal prosecution upon a finding that the declination would be in the best interest of the juvenile or the public. The court shall consider the relevant reports, facts, opinions, and arguments presented by the parties and their counsel.

(3) When the respondent is transferred for criminal prosecution or retained for prosecution in juvenile court, the court shall set forth in writing its finding which shall be supported by relevant facts and opinions produced at the hearing.

Sec. 14. Section 3, chapter 219, Laws of 1979 ex. sess. and RCW 70.125.030 are each amended to read as follows:

As used in this chapter and unless the context indicates otherwise:

(1) "Department" means the department of social and health services.

(2) "Law enforcement agencies" means police and sheriff's departments of this state.

(3) "Personal representative" means a friend, relative, attorney, or employee or volunteer from a rape crisis center.

(4) "Rape crisis center" means a community-based social service agency which provides services to victims of sexual assault.

(5) "Secretary" means the secretary of the department of social and health services.

(6) "Sexual assault" means one or more of the following:

(a) Rape or statutory rape;

(b) Assault with intent to commit rape;

(d) An attempt to commit any of the aforementioned offenses.

(7) "Victim" means any person who suffers physical and/or mental anguish as a proximate result of a sexual assault.

NEW SECTION. Sec. 15. Section captions as used in this chapter do not constitute any part of the law.

NEW SECTION. Sec. 16. Sections 2 through 6 and 15 of this act are each added to chapter 9A.44 RCW.

NEW SECTION. Sec. 17. The following acts or parts of acts are each repealed:

(1) Section 7, chapter 14, Laws of 1975 1st ex. sess., section 4, chapter 244, Laws of 1979 ex. sess., section 31, chapter 257, Laws of 1986 and RCW 9A.44.070;

(2) Section 8, chapter 14, Laws of 1975 1st ex. sess., section 5, chapter 244, Laws of 1979 ex. sess. and RCW 9A.44.080; and

(3) Section 9, chapter 14, Laws of 1975 1st ex. sess., section 6, chapter 244, Laws of 1979 ex. sess. and RCW 9A.44.090.

NEW SECTION. Sec. 18. This act shall not have the effect of terminating or in any way modifying any liability, civil or criminal, which is already in existence on July 1, 1988, and shall apply only to offenses committed on or after July 1, 1988.

NEW SECTION. Sec. 19. This act shall take effect July 1, 1988.