| Passed by the House April 21, 2009 Yeas 82 ________________________________________ Speaker of the House of Representatives Passed by the Senate April 17, 2009 Yeas 44 ________________________________________ President of the Senate | I, Barbara Baker, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is ENGROSSED HOUSE BILL 1385 as passed by the House of Representatives and the Senate on the dates hereon set forth. ________________________________________ Chief Clerk | |
| Approved ________________________________________ Governor of the State of Washington | Secretary of State State of Washington |
| State of Washington | 61st Legislature | 2009 Regular Session |
Read first time 01/20/09. Referred to Committee on Public Safety & Emergency Preparedness.
AN ACT Relating to sexual misconduct by school employees; and amending RCW 9A.44.093 and 9A.44.096.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 9A.44.093 and 2005 c 262 s 2 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;
(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)) an enrolled student of the school who is at least
sixteen years old and not more than twenty-one years old and not
married to the employee, if the employee is at least sixty months older
than the student; or (c) the person is a foster parent who has, or
knowingly causes another person under the age of eighteen to have,
sexual intercourse with his or her foster child who is at least
sixteen.
(2) Sexual misconduct with a minor in the first degree is a class
C felony.
(3) For the purposes of this section((,)):
(a) "Enrolled student" means any student enrolled at or attending
a program hosted or sponsored by a common school as defined in RCW
28A.150.020, or a student enrolled at or attending a program hosted or
sponsored by a private school under chapter 28A.195 RCW, or any person
who receives home-based instruction under chapter 28A.200 RCW.
(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 2005 c 262 s 3 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; (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)) an enrolled
student of the school who is at least sixteen years old and not more
than twenty-one years old and not married to the employee, if the
employee is at least sixty months older than the student; or (c) the
person is a foster parent who has, or knowingly causes another person
under the age of eighteen to have, sexual contact with his or her
foster child who is at least sixteen.
(2) Sexual misconduct with a minor in the second degree is a gross
misdemeanor.
(3) For the purposes of this section((,)):
(a) "Enrolled student" means any student enrolled at or attending
a program hosted or sponsored by a common school as defined in RCW
28A.150.020, or a student enrolled at or attending a program hosted or
sponsored by a private school under chapter 28A.195 RCW, or any person
who receives home-based instruction under chapter 28A.200 RCW.
(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.