CERTIFICATION OF ENROLLMENT

 

                   SUBSTITUTE HOUSE BILL 1091

 

 

 

 

                        57th Legislature

                2001 Regular Legislative Session

 

Passed by the House March 9, 2001

  Yeas 98   Nays 0

 

 

 

Speaker of the House of Representatives

     

 

 

Speaker of the House of Representatives

 

 

 

 

Passed by the Senate April 12, 2001

  Yeas 40   Nays 4

             CERTIFICATE

 

We, Timothy A. Martin and Cynthia Zehnder, Co-Chief Clerks of the House of Representatives of the State of Washington, do hereby certify that the attached is SUBSTITUTE HOUSE BILL 1091  as passed by the House of Representatives and the Senate on the dates hereon set forth.

 

 

 

                          Chief Clerk

 

 

 

                          Chief Clerk

President of the Senate

 

 

 

Approved Place Style On Codes above, and Style Off Codes below.               

                                FILED

                

 

Governor of the State of Washington

                   Secretary of State

                  State of Washington


H-1430.1  _______________________________________________

 

                    SUBSTITUTE HOUSE BILL 1091

          _______________________________________________

 

             Passed Legislature - 2001 Regular Session

 

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.

 


                            --- END ---