| Passed by the House March 11, 2013 Yeas 96 FRANK CHOPP ________________________________________ Speaker of the House of Representatives Passed by the Senate April 15, 2013 Yeas 48 BRAD OWEN ________________________________________ 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 HOUSE BILL 1108 as passed by the House of Representatives and the Senate on the dates hereon set forth. BARBARA BAKER ________________________________________ Chief Clerk | |
| Approved May 1, 2013, 1:46 p.m. JAY INSLEE ________________________________________ Governor of the State of Washington | May 1, 2013 Secretary of State State of Washington |
| State of Washington | 63rd Legislature | 2013 Regular Session |
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.