BILL REQ. #:  H-3691.1 

Read first time 01/12/10.   Referred to Committee on Public Safety & Emergency Preparedness.

     AN ACT Relating to first degree assault of a child; and amending RCW 9A.36.120.

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

Sec. 1   RCW 9A.36.120 and 1992 c 145 s 1 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 first degree if the child is under the age of thirteen and the person:
     (a) Commits the crime of assault in the first degree, as defined in RCW 9A.36.011, against the child; ((or))
     (b) Intentionally assaults the child and ((either:
     (i))) recklessly inflicts great bodily harm; ((or
     (ii))) (c) Causes substantial bodily harm, and the person has previously engaged in a pattern or practice ((either)) of (((A))) assaulting the child which has resulted in bodily harm that is greater than transient physical pain or minor temporary marks((,)); or
     (((B))) (d) Causes substantial bodily harm, and the person has previously engaged in a pattern or practice of causing the child physical pain or agony that is equivalent to that produced by torture.
     (2) Assault of a child in the first degree is a class A felony.