Washington State
House of Representatives
Office of Program Research
BILL
ANALYSIS
Public Safety Committee
HB 1844
Brief Description: Creating the offense of unlawful branding of another person.
Sponsors: Representatives Mosbrucker, Rule and Graham.
Brief Summary of Bill
  • Creates the crime of Unlawful Branding of Another Person.
Hearing Date: 1/28/22
Staff: Phillip Craig (786-7291) and Kelly Leonard (786-7147).
Background:

Trafficking.
A person is guilty of Trafficking in the second degree when he or she:  (1) recruits, harbors, transports, transfers, provides, obtains, or receives by any means another person, knowing that force, fraud, or coercion will be used to cause the person to engage in forced labor, involuntary servitude, a sexually explicit act or a commercial sex act, or that the person has not reached the age of 18 years and is caused to engage in a sexually explicit act or a commercial sex act; or (2) benefits financially or receives anything of value from participation in a venture that has engaged in the above acts.  The offense is Trafficking in the first degree if the acts involve kidnapping, sexual motivation, illegal harvesting of human organs, or result in a death.  Trafficking is a class A felony.  Trafficking in the first degree is a seriousness level XIV offense, and Trafficking in the second degree is a seriousness level XII offense.


Promoting Prostitution.
A person is guilty of Promoting Prostitution in the first degree if he or she knowingly advances prostitution:

  • by compelling a person by threat or force to engage in prostitution or profits from prostitution which results from such threat or force; or
  • by compelling a person with a mental incapacity or developmental disability that renders the person incapable of consent to engage in prostitution or profits from prostitution that results from such compulsion.

 

A person "profits from prostitution" if, among other circumstances, he or she accepts or receives "money or anything of value" in the exchange.  Promoting Prostitution in the first degree is a class B felony and a seriousness level VIII offense.


A person is guilty of Promoting Prostitution in the second degree if he or she knowingly profits from prostitution or advances prostitution.  Promoting Prostitution in the second degree is a class C felony and a seriousness level III offense.


Statute of Limitations.

A statute of limitations is a time limit for initiating prosecution after an offense is committed.  Once a statute of limitations has expired, a prosecutor is barred from bringing charges against an alleged perpetrator.  Statutes of limitations vary according to the crime.  If a specific statute of limitations is not designated, the default time limit is three years.  The statute of limitations for Trafficking is 10 years or, if the victim is under the age of 18, up to the victim's thirtieth birthday, whichever is later. 


Classification of Crimes and Fines.  
Crimes are classified as misdemeanors, gross misdemeanors, or felonies.  The classification of a crime generally determines the maximum term of confinement (prison or jail) and/or fine for an offense.  For each classification, the maximum terms of confinement and maximum fines are as follows:

 

Classification Maximum ConfinementMaximum Fine
Misdemeanor90 days$1,000
Gross Misdemeanor364 days$5,000
Class C Felony5 years$10,000
Class B Felony10 years$20,000
Class A FelonyLife$50,000

 
When a person is convicted of a felony, the Sentencing Reform Act applies and determines a specific range of confinement within the statutory maximum.  Ranges are determined by a sentencing grid.  The sentencing grid provides a standard range of months for the sentence, based on both the severity, or "seriousness level," of the offense and the convicted person's "offender score," which is based on the offender's criminal history.  Seriousness levels range from I to XVI, and offender scores can range from zero to nine or more points.  A higher seriousness level or offender score results in a longer sentence.

Summary of Bill:

A new crime of Unlawful Branding of Another Person is created.  A person is guilty of Unlawful Branding of Another Person if he or she knowingly:

  • marks another person's body with a subdermal implant, tattoo, or body art, with the knowledge that the mark is intended to be used to track the person or mark the person for ownership as part of a plan or scheme to engage in Trafficking of the person or Promoting Prostitution of the person; or
  • uses force, fraud, or coercion to cause a person to have his or her body marked with a subdermal implant, tattoo, or body art, for the purpose of tracking the person or marking the person for ownership as part of a plan or scheme to engage in Trafficking of the person or Promoting Prostitution of the person.

 

"Body art" includes the intentional production of scars upon the body.


Unlawful Branding of Another Person is a class B felony and a seriousness level X offense.  The statute of limitations for Unlawful Branding of Another Person is 10 years after the commission of the crime, or, if committed against a victim under the age of 18, up to the victim's thirtieth birthday, whichever is later.

 

Appropriation: None.
Fiscal Note: Available.
Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.