H-0051.2  _______________________________________________

                          HOUSE BILL 1205

          _______________________________________________

State of Washington      55th Legislature     1997 Regular Session

By Representatives Lambert, Koster, McMorris, L. Thomas, Pennington, Sump, Carrell, Johnson, Sheahan, Cooke, Schoesler, Mielke, McDonald, Zellinsky and Thompson

Read first time 01/17/97.  Referred to Committee on Law & Justice.

Prohibiting specified sex offenses against children.

    AN ACT Relating to sex offenses against children; adding new sections to chapter 9A.44 RCW; and prescribing penalties.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 9A.44 RCW to read as follows:

    (1) A person is guilty of rape of a child in the fourth degree when the person has sexual intercourse with another who is at least sixteen years old but less than eighteen years old and not married to the perpetrator and the perpetrator is at least four years older than the victim.

    (2) Rape of a child in the fourth degree is a gross misdemeanor.

NEW SECTION. Sec. 2.  A new section is added to chapter 9A.44 RCW to read as follows:

    (1) A person is guilty of child molestation in the fourth degree when the person has, or knowingly causes another person under the age of eighteen to have, sexual contact with another who is at least sixteen years old but less than eighteen years old and not married to the perpetrator and the perpetrator is at least four years older than the victim.

    (2) Child molestation in the fourth degree is a gross misdemeanor.

NEW SECTION. Sec. 3.  A new section is added to chapter 9A.44 RCW to read as follows:

    In a prosecution under section 1 or 2 of this act, it is an affirmative defense that the defendant must prove by a preponderance of the evidence, that the defendant did not know that the minor was sixteen or seventeen years of age.

NEW SECTION. Sec. 4.  If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

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