BILL REQ. #:  H-0639.1 

Read first time 01/16/13.   Referred to Committee on Public Safety.

     AN ACT Relating to rape in the third degree and indecent liberties; and amending RCW 9A.44.060 and 9A.44.100.

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

Sec. 1   RCW 9A.44.060 and 1999 c 143 s 34 are each amended to read as follows:
     (1) A person is guilty of rape in the third degree when, under circumstances not constituting rape in the first or second degrees, such person engages in sexual intercourse with another person((, not married to the perpetrator)):
     (a) Where the victim did not consent as defined in RCW 9A.44.010(7), to sexual intercourse with the perpetrator and such lack of consent was clearly expressed by the victim's words or conduct, or
     (b) Where there is threat of substantial unlawful harm to property rights of the victim.
     (2) Rape in the third degree is a class C felony.

Sec. 2   RCW 9A.44.100 and 2007 c 20 s 2 are each amended to read as follows:
     (1) A person is guilty of indecent liberties when he or she knowingly causes another person ((who is not his or her spouse)) to have sexual contact with him or her or another:
     (a) By forcible compulsion;
     (b) When the other person is incapable of consent by reason of being mentally defective, mentally incapacitated, or physically helpless;
     (c) When the victim is a person with a developmental disability and the perpetrator is a person who is not married to the victim and who:
     (i) Has supervisory authority over the victim; or
     (ii) Was providing transportation, within the course of his or her employment, to the victim at the time of the offense;
     (d) When the perpetrator is a health care provider, the victim is a client or patient, and the sexual contact occurs during a treatment session, consultation, interview, or examination. It is an affirmative defense that the defendant must prove by a preponderance of the evidence that the client or patient consented to the sexual contact with the knowledge that the sexual contact was not for the purpose of treatment;
     (e) When the victim is a resident of a facility for persons with a mental disorder or chemical dependency and the perpetrator is a person who is not married to the victim and has supervisory authority over the victim; or
     (f) When the victim is a frail elder or vulnerable adult and the perpetrator is a person who is not married to the victim and who:
     (i) Has a significant relationship with the victim; or
     (ii) Was providing transportation, within the course of his or her employment, to the victim at the time of the offense.
     (2)(a) Except as provided in (b) of this subsection, indecent liberties is a class B felony.
     (b) Indecent liberties by forcible compulsion is a class A felony.