2712 AMH LAMB ADAM 13

HB 2712 - H AMD 423 WITHDRAWN 2-9-2000

By Representative Lambert

     Strike everything after the enacting clause and insert the following:

     "Sec. 1.  RCW 9A.44.093 and 1994 c 271 s 306 are each amended to read as follows:

     (1) A person is guilty of sexual misconduct with a minor in the first degree when the person has, or knowingly causes another person under the age of eighteen to have, sexual intercourse with another person who is at least sixteen years old but less than eighteen years old and not married to the perpetrator, if the perpetrator is at least sixty months older than the victim((,is in a significant relationship to the victim, and abuses a supervisory position within that relationship in order to engage in or cause another person under the age of eighteen to engage in sexual intercourse with the victim.)) and

(a) is in a significant relationship, as defined in RCW 9A.44.010(8)(a), to the victim; or

(b) is in a significant relationship, as defined in RCW 9A.44.010(8)(b) or (c), to the victim, and abuses a supervisory position within that relationship in order to engage in or cause another person under the age of eighteen to engage in sexual intercourse with the victim.

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

     Sec. 2.  RCW 9A.44.096 and 1994 c 271 s 307 are each amended to read as follows:

     (1) A person is guilty of sexual misconduct with a minor in the second degree when the person has, or knowingly causes another person under the age of eighteen to have, sexual contact with another person who is at least sixteen years old but less than eighteen years old and not married to the perpetrator, if the perpetrator is at least sixty months older than the victim((, is in a significant relationship to the victim, and abuses a supervisory position within that relationship in order to engage in or cause another person under the age of eighteen to engage in sexual contact with the victim.)) and

(a) is in a significant relationship, as defined in RCW 9A.44.010(8)(a), to the victim; or

(b) is in a significant relationship, as defined in RCW 9A.44.010(8)(b) or (c), to the victim, and abuses a supervisory position within that relationship in order to engage in or cause another person under the age of eighteen to engage in sexual contact with the victim.

     (2) Sexual misconduct with a minor in the second degree is a gross misdemeanor."

EFFECT:  A person who provides education, health, welfare, or organized recreational activities to minors commits the crime even if they did not abuse a supervisory position within the relationship.

Any other person who is in a significant relationship with a 16 or 17 year old commits the crime only if the person abuses a supervisory position within the relationship.