SENATE BILL REPORT

ESB 6171

BYSenators Pullen, Talmadge, McCaslin, Nelson and Saling

Revising sexual offenses.

Senate Committee on Law & Justice

Senate Hearing Date(s):January 19, 1988; January 29, 1988

Majority Report:  Do pass.

      Signed by Senators Pullen, Chairman; Halsan, Hayner, Madsen, Nelson, Niemi, Talmadge.

Senate Staff:Lidia Mori (786-7418)

                  February 15, 1988

AS PASSED SENATE, FEBRUARY 13, 1988

BACKGROUND:

The Sentencing Reform Act of 1981 created 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 the offender.  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 has the discretion to go either above or below the presumptive range in certain prescribed circumstances. 

It has been suggested that the presumptive sentencing ranges pertaining to sex offenses perpetrated against children are too low.  There is also some concern regarding the situation where an adult is in a position of authority over a child due to the ease with which such a position of authority can be exploited.

SUMMARY:

The crimes of statutory rape in the first, second and third degree are all elevated one level in the seriousness index of the sentencing grid (level X, VIII and IV respectively). 

The crimes of child molestation in the first, second and third degree are created.  A person is guilty of child molestation in the first degree when the person has sexual contact with a person, not married to the perpetrator, who is under eleven years old.  Child molestation in the second degree occurs when a person has sexual contact with a person, not married to the perpetrator, who is at least eleven years old but less than fourteen years old.  A person is guilty of child molestation in the third degree when that person has sexual contact with a person, not married to the perpetrator, who is at least fourteen years old but less than sixteen years old.  The perpetrator must be at least eighteen years old and be in a position of authority over the child.  A position of authority occurs when a person is a parent or is acting in the role of a parent and is charged with any of a parent's rights, duties or responsibilities to a child.  It includes a person who has responsibility for the health, welfare, education, or supervision of a child.

The statute of limitations for the crimes of statutory rape in the first, second or third degree or child molestation in the first or second degree is seven years.  For the crime of child molestation in the third degree, the statute of limitations is three years.

Appropriation:    none

Revenue:    none

Fiscal Note:      available

Senate Committee - Testified: Scott Reiman, King County Public Defenders Office; Mandy Richards; Donna Baldwin