H-1430.1  _______________________________________________

                    SUBSTITUTE HOUSE BILL 1091

          _______________________________________________

State of Washington      57th Legislature     2001 Regular Session

By House Committee on Criminal Justice & Corrections (originally sponsored by Representatives Lambert, H. Sommers, Miloscia, Cairnes, Schindler, Talcott and Mielke)

Read first time 02/07/2001.  Referred to Committee on .

Changing sexual misconduct laws with regard to school employees.

    AN ACT Relating to sexual misconduct with a minor; amending RCW 9A.44.093 and 9A.44.096; and prescribing penalties.

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

    Sec. 1.  RCW 9A.44.093 and 1994 c 271 s 306 are each amended to read as follows:

    (1) A person is guilty of sexual misconduct with a minor in the first degree when:  (a) The person has, or knowingly causes another person under the age of eighteen to have, sexual intercourse with another person who is at least sixteen years old but less than eighteen years old and not married to the perpetrator, if the perpetrator is at least sixty months older than the victim, is in a significant relationship to the victim, and abuses a supervisory position within that relationship in order to engage in or cause another person under the age of eighteen to engage in sexual intercourse with the victim; or (b) the person is a school employee and has, or knowingly causes another person under the age of eighteen to have, sexual intercourse with a registered student of the school who is at least sixteen years old and not married to the employee.

    (2) Sexual misconduct with a minor in the first degree is a class C felony.

(3) For the purposes of this section, "school employee" means an employee of a common school defined in RCW 28A.150.020 or a grade kindergarten through twelve employee of a private school under chapter 28A.195 RCW.

    Sec. 2.  RCW 9A.44.096 and 1994 c 271 s 307 are each amended to read as follows:

    (1) A person is guilty of sexual misconduct with a minor in the second degree when:  (a) The person has, or knowingly causes another person under the age of eighteen to have, sexual contact with another person who is at least sixteen years old but less than eighteen years old and not married to the perpetrator, if the perpetrator is at least sixty months older than the victim, is in a significant relationship to the victim, and abuses a supervisory position within that relationship in order to engage in or cause another person under the age of eighteen to engage in sexual contact with the victim; or (b) the person is a school employee and has, or knowingly causes another person under the age of eighteen to have, sexual contact with a registered student  of the school who is at least sixteen years old and not married to the employee.

    (2) Sexual misconduct with a minor in the second degree is a gross misdemeanor.

(3) For the purposes of this section, "school employee" means an employee of a common school defined in RCW 28A.150.020 or a grade kindergarten through twelve employee of a private school under chapter 28A.195 RCW.

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