SENATE BILL REPORT

SB 6359

BYSenator McCaslin

Revising sexual offenses.

Senate Committee on Law & Justice

Senate Hearing Date(s):January 19, 1988

Senate Staff:Lidia Mori (786-7418)

AS OF JANUARY 28, 1988

BACKGROUND:

The Sentencing Reform Act of 1981 (SRA) established a presumptive and determinate criminal sentencing scheme for the state.  The Act also created the Sentencing Guidelines Commission (SGC) to oversee the administration of the law.

The SRA provides a grid pursuant to RCW 9.94A.319 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 may go outside that presumptive range and impose an exceptional sentence based upon certain statutorily prescribed circumstances.

There has been increasing concern about the sentencing of sex offenders.  In particular, concerns have been raised about the presumptive sentencing ranges for sex offenses perpetrated against children.

SUMMARY:

The sentencing scheme for sexual offenses committed against children is revised and new crimes of sexual offenses are created.

The crimes of rape of a child in the first degree and second degree are created to 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.  Rape of a child in the first degree is ranked one level higher than the replaced crime of first degree statutory rape in the seriousness level index of the current sentencing grid (level X).  Rape of a child in the second degree is a class B felony and must involve a victim 12 or 13 years old and an offender at least 36 months older.  It is ranked one level higher than the replaced crime of second degree statutory rape in the seriousness level index of the current sentencing grid (level VIII).  The crime of statutory rape is defined as a class C felony involving a victim 14 or 15 years old and an offender at least 36 months older.  It is ranked one level higher in the seriousness level index than the replaced crime of statutory rape in the third degree (level IV).

The crimes of sexual misconduct with a minor in the first and second degree are also created.  A person is guilty of sexual misconduct with a minor in the first degree when the person has sexual intercourse with a victim who is 16 or 17 years old and when the perpetrator is at least 48 months older and in a significant relationship to the victim.  Sexual misconduct with a minor in the second degree involves a victim who is 14 to 17 years of age and when the perpetrator is at least 48 months older than the victim, in a significant relationship to the victim and had sexual contact with that victim.  A significant relationship is said to exist when a person acts in the place of a parent or undertakes the responsibility to provide education, health, welfare or organized recreational activity for minors or supervises minors in the course of employment.  The crimes of sexual misconduct with a minor in the first and second degree are class C felonies.

Appropriation:    none

Revenue:    none

Fiscal Note:      requested January 18, 1988