BILL REQ. #:  H-3362.2 

Read first time 01/20/2004.   Referred to Committee on Criminal Justice & Corrections.

     AN ACT Relating to preventing the sexual abuse of children by custodians; 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 2001 2nd sp.s. c 12 s 357 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 who 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, if the employee is at least sixty months older than the student; or (c) the person: (i) Is a custodian of a victim at least sixteen years old but under eighteen years old; (ii) has, or knowingly causes another person under the age of eighteen to have, sexual intercourse with the victim; (iii) is not married to the victim; and (iv) is at least sixty months older than the victim.
     (2) Sexual misconduct with a minor in the first degree is a class C felony.
     (3) For the purposes of this section((,)):
     (a) "Custodian of a victim" means a person who:
     (i) Operates, is employed by, or is a volunteer for an entity that:
     (A) Meets the definition of agency under RCW 74.15.020(1) (a) through (l); and
     (B) Has custody of the victim;
     (ii) Is a legal guardian to the victim; or
     (iii) Has been granted legal custody of the victim in any other manner.
     (b) "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, who is not enrolled as a student of the common school or private school.

Sec. 2   RCW 9A.44.096 and 2001 2nd sp.s. c 12 s 358 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 who 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, if the employee is at least sixty months older than the student; or (c) the person: (i) Is a custodian of a victim at least sixteen years old but under eighteen years old; (ii) has, or knowingly causes another person under the age of eighteen to have, sexual contact with the victim; (iii) is not married to the victim; and (iv) is at least sixty months older than the victim.
     (2) Sexual misconduct with a minor in the second degree is a gross misdemeanor.
     (3) For the purposes of this section((,)):
     (a) "Custodian of a victim" means a person who:
     (i) Operates, is employed by, or is a volunteer for an entity that:
     (A) Meets the definition of agency under RCW 74.15.020(1) (a) through (l); and
     (B) Has custody of the victim;
     (ii) Is a legal guardian to the victim; or
     (iii) Has been granted legal custody of the victim in any other manner.
     (b) "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, who is not enrolled as a student of the common school or private school.