H-0173

H-0173.3 _______________________________________________

HOUSE BILL 2007

_______________________________________________

State of Washington 52nd Legislature 1991 Regular Session

By Representatives Ludwig, Vance, Riley, Mielke, Inslee, Tate, Van Luven, Brough, Paris, Winsley, Forner, Moyer, Wynne and P. Johnson.

Read first time February 19, 1991. Referred to Committee on Human Services.

AN ACT Relating to unlawful harboring of a minor; and amending 13.32A.080.

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

Sec. 1. RCW 13.32A.080 and 1981 c 298 s 6 are each amended to read as follows:

(1) (a) A person commits the crime of unlawful harboring of a minor if the person provides shelter to a minor without the consent of a parent of the minor and after the person knows that the minor is away from the home of the parent, without the parent's permission, and if the person intentionally:

(i) Fails to release the minor to a law enforcement officer after being requested to do so by the officer; or

(ii) Fails to disclose the location of the minor to a law enforcement officer after being requested to do so by the officer, if the person knows the location of the minor and had either taken the minor to that location or had assisted the minor in reaching that location; or

(iii) Obstructs a law enforcement officer from taking the minor into custody; or

(iv) Assists the minor in avoiding or attempting to avoid the custody of the law enforcement officer; or

(v) Provides shelter to any minor after 11:00 p.m. and before 6:00 a.m. without contacting the parent or guardian of the minor or, when the parent or guardian cannot be contacted, or when identification of parents cannot be determined, without contacting law enforcement or the department of social and health services.

(b) It is a defense to a prosecution under this section that the defendant had custody of the minor pursuant to a court order.

(2) Harboring a minor is punishable as a misdemeanor if the offender has not been previously convicted under this section and a gross misdemeanor if the offender has been previously convicted under this section.

(3) Any person who provides shelter to a child, absent from home, ((~~may~~)) shall notify the department's local community service office of the child's presence within eight hours.

(4) An adult responsible for involving a child in the commission of an offense may be prosecuted under existing criminal statutes including, but not limited to:

(a) Distribution of a controlled substance to a minor, as defined in RCW 69.50.406;

(b) Promoting prostitution as defined in chapter 9A.88 RCW; and