HOUSE BILL REPORT
SHB 139
BYHouse Committee on Judiciary (originally sponsored by Representatives Armstrong, Padden, Schmidt, P. King, Patrick, Silver, Dellwo and Brough)
Revising provisions relating to sexual offenses.
House Committe on Judiciary
Majority Report: The substitute bill be substituted therefor and the substitute bill do pass. (14)
Signed by Representatives Armstrong, Chair; Crane, Vice Chair; Appelwick, Brough, Hargrove, Heavey, P. King, Locke, Moyer, Padden, Patrick, Schmidt, Scott and Wang.
House Staff:Bill Perry (786-7122)
AS REPORTED BY COMMITTEE ON JUDICIARY JANUARY 23, 1987
BACKGROUND:
The Sentencing Reform Act of 1981 (SRA) established a presumptive and determinate criminal sentencing law for the state. The act also created the Sentencing Guidelines Commission (SGC) to oversee the administration of the law.
The SRA provides a grid of presumed sentences for felony convictions based on the statutory ranking of crimes as to their seriousness and on the criminal history of offenders. The presumptive sentence is a range of prison time within which the judge is to set the defendant's actual term of confinement. The judge may impose an exceptional sentence outside the presumptive range under certain statutorily prescribed circumstances. Exceptional sentences must be supported in writing by the judge and are subject to appeal by either the prosecution or the defense.
The SGC is required by law to propose rankings for felony offenses. The commission is also authorized to recommend changes in the state's criminal code. Those proposals and recommendations must be introduced as bills to the legislature for enactment into law. In 1986, the legislature specifically requested that the commission recommend changes in the criminal law with respect to sex offenders who have committed multiple offenses. The commission is to present its recommendations to the 1987 legislature.
SUMMARY:
This bill is the SGC's recommendation in response to the 1986 legislature's request for changes in sentencing for multiple sex offenders. The bill is also the SGC's proposal for a general revision of sexual offenses in the criminal code.
If the prosecution can prove by a preponderance of the evidence that a defendant has sexually abused the same child (under 18) repeatedly over a prolonged time, then the judge may impose an exceptional sentence above the standard range.
A number of sexual offenses are repealed, renamed or amended. In addition, new offenses are created. The seriousness levels of some sex crimes are increased.
The crimes of rape in the first, second and third degree are unchanged with one exception. Lack of capacity to consent to intercourse, an element of second degree rape, is defined to include emotional inability to consent, instead of just physical or mental inability.
The crimes of sexual battery in the first, second and third degree are created. First degree sexual battery is a class A felony. It involves sexual contact with forcible compulsion of the victim, and requires the use of a deadly weapon, kidnapping or serious physical injury. The elements of the crime are the same as those for first degree rape except that the crime involves sexual contact rather than intercourse. Second degree sexual battery is a class B felony. It involves forcible compulsion or a physically, mentally or emotionally helpless victim and corresponds to second degree rape. Third degree sexual battery is a gross misdemeanor. It involves knowingly touching the sexual or intimate parts of another without consent.
The crimes of rape of a child in two degrees are created. These crimes replace first and second degree statutory rape. First degree rape of a child is a class A felony and involves a victim under age 12 and an offender at least 36 months older. It is ranked one level higher than the prior crime of statutory rape in the first degree. Rape of a child in the second degree is a class B felony and involves a victim 12 or 13 years old and an offender at least 36 months older. It is ranked one level higher than the prior statutory rape in the second degree. Statutory rape is a class C felony and involves a victim 14 or 15 years old and an offender at least 36 months older. It is ranked one level higher than the prior statutory rape in the third degree.
The crimes of child molestation in two degrees and the crime of sexual contact with a minor are created. These crimes correspond to rape of a child and statutory rape except that they involve sexual contact instead of intercourse, do not require the perpetrator to be older than the victim, and apply to victims up to the age of 14 instead of 15. In some respects they replace the prior crime of indecent liberties.
The crimes of sexual misconduct with a minor in two degrees are created. First degree involves sexual intercourse with a 16 or 17 year old, and second degree involves sexual contact with a 15, 16 or 17 year old. Both are class C felonies. They involve an offender at least 48 months older who is in a significant relationship with the victim. A significant relationship can include certain relatives, employers, teachers and others.
The crimes of indecent liberties, incest and statutory rape are repealed.
Fiscal Note: Requested January 26, 1987.
House Committee ‑ Testified For: Donna Schram, Sentencing Guidelines Commission; Becky Roe, King County Prosecutor's Office; Lucy Berliner, Harborview Sexual Assault Center; Scott Kimerer, King County Police Department; Bev Emery, Washington Coalition of Sexual Assault Programs.
House Committee - Testified Against: Kern Cleven, Society of Counsel Representing Accused Persons; Rick Cordes, Olympia Attorney; Charlie Williams, Olympia Attorney.
House Committee - Testimony For: The bill addresses a very serious problem by focusing on the distinctions between consensual and non-consensual activity and between intercourse and contact. The new names for sex offenses better reflect reality. The bill appropriately increases penalties and allows suitable punishment for offenders who repeatedly abuse the same child victim.
House Committee - Testimony Against: The age differential between perpetrator and victim in consensual activity should be greater before it is considered a crime. The allowance for exceptional sentences gives prosecutors and judges too much discretion. Many terms in the bill are insufficiently defined. The bill stresses punishment too much and treatment not enough.