_______________________________________________
SENATE
BILL 5039
_______________________________________________
AS
AMENDED BY THE HOUSE
Passed
Legislature - 1995 Regular Session
State of Washington 54th
Legislature 1995 Regular Session
By
Read first time 01/09/95.
Referred to Committee on Law & Justice.
Clarifying the
elements of the crime of luring.
AN ACT
Relating to luring; and amending RCW 9A.40.090.
BE IT ENACTED BY THE LEGISLATURE
OF THE STATE OF WASHINGTON:
Sec.
1. RCW
9A.40.090 and 1993 c 509 s 1 are each amended to read as follows:
A
person commits the crime of luring if the person:
(1)(a)
Orders, lures, or attempts to lure a minor or ((developmentally disabled
person)) a person with a developmental disability into ((a)) any
area or structure that is obscured from or inaccessible to the public or
into a motor vehicle;
(b)
Does not have the consent of the minor's parent or guardian or the ((the
developmentally disabled person's guardian)) of the guardian of the
person with a developmental disability; and
(c) Is
unknown to the child or developmentally disabled person.
(2) It
is a defense to luring, which the defendant must prove by a preponderance of
the evidence, that the defendant's actions were reasonable under the
circumstances and the defendant did not have any intent to harm the health,
safety, or welfare of the minor or ((developmentally disabled person)) the
person with the developmental disability.
(3)
For purposes of this section:
(a)
"Minor" means a person under the age of sixteen;
(b)
"((Developmentally disabled person)) Person with a developmental
disability" means a person with a developmental disability as defined
in RCW 71A.10.020.
(4)
Luring is a class C felony.
