HOUSE BILL ANALYSIS

HB 2726

Title:An act relating to rape of a child. 

Brief Description:Increasing the seriousness level of child rape. 

Sponsors:Representatives Dunn, Koster, Boldt, Sump, Smith, Mielke, and Chandler. 

House committee on Criminal Justice and Corrections

Hearing Date:January 27, 1998. 

Prepared By:Mark G. Hamilton, Counsel (786-7310). 

Background:Rape of a Child in the First Degree.  The crime of rape of a child in the first degree occurs when a person has sexual intercourse with a child younger than 12 years old, when the perpetrator is at least 2 years older than the victim.  It is a class A felony, which currently carries a serious level of XII for sentencing purposes, and is punishable by a minimum sentence of 9 to 23 years and 3 months in prison. 

Rape of a Child in the Second Degree.  The crime of rape of a child in the second degree occurs when a person has sexual intercourse with a child between 12 and 14 years old, when the perpetrator is at least 3 years older than the victim.  It is a class A felony, which currently carries a seriousness level of XI, and is punishable by a minimum of 7 and a half to 20 years in prison. 

Summary:Rape of a Child in the First Degree.  Changes the seriousness level to the maximum level XV, which is punishable by life in prison without parole or death. 

Rape of a Child in the Second Degree.  Changes the seriousness level to the second highest level of XIV, which is punishable by a minimum sentence of 23 years and 4 months to 40 years in prison. 

Rules Authority:No. 

Fiscal Note:January 23, 1998. 

Effective Date:Ninety days after adjournment of session in which bill is passed.