H-3254.1  _______________________________________________

                          HOUSE BILL 2425

          _______________________________________________

State of Washington      56th Legislature     2000 Regular Session

By Representatives Schoesler, Buck, Ballasiotes, Doumit, Koster, Bush, Woods, Hankins, Pennington, Dunn, Delvin, G. Chandler, Parlette, Mastin, Mulliken, Pflug, Benson, Boldt, McMorris, McDonald and Esser

Read first time 01/12/2000.  Referred to Committee on Criminal Justice & Corrections.

Changing the definition of the crime of assault of a child in the second degree.

    AN ACT Relating to changing the definition of the crime of assault of a child in the second degree; amending RCW 9A.36.130; and prescribing penalties.

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

    Sec. 1.  RCW 9A.36.130 and 1992 c 145 s 2 are each amended to read as follows:

    (1) A person eighteen years of age or older is guilty of the crime of assault of a child in the second degree if the child is under the age of thirteen and the person:

    (a) Commits the crime of assault in the second degree, as defined in RCW 9A.36.021, against a child; ((or))

    (b) Intentionally assaults the child and causes bodily harm that is greater than transient physical pain or minor temporary marks, and the person has previously engaged in a pattern or practice either of (i) assaulting the child which has resulted in bodily harm that is greater than transient pain or minor temporary marks, or (ii) causing the child physical pain or agony that is equivalent to that produced by torture; or

(c) Knowingly manufactures methamphetamine, or  knowingly possesses ephedrine or pseudoephedrine with intent to manufacture methamphetamine, in or within one hundred feet of a residence where the child resides.  For the purposes of this subsection, "child" includes an unborn quick child.

    (2) Assault of a child in the second degree is a class B felony.

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