H-3614              _______________________________________________

                                                   HOUSE BILL NO. 1302

                        _______________________________________________

State of Washington                              50th Legislature                              1988 Regular Session

By Representatives Kremen, Patrick, Fisher, Rayburn, Lux, Cooper, Basich, K. Wilson, Lewis, Cole, Holm, Haugen, Brekke, Barnes, Holland, Nealey, Sutherland, Sprenkle, Cantwell, Walker, Betrozoff, Meyers, Hargrove, Baugher, Rasmussen, Silver, Fuhrman, Spanel, Fox, Jones, Peery, Ebersole, Dellwo, Heavey, Leonard, Zellinsky, Day, Vekich, Crane, Moyer, Butterfield, D. Sommers, Braddock, Pruitt, Brough, Todd, Ballard, O'Brien, Winsley, Hine, May, Hankins, Miller, Schoon, Doty, Ferguson and P. King

Prefiled with Chief Clerk 1/8/88.  Read first time 1/11/88 and referred to Committee on Judiciary.

AN ACT Relating to sexual offenses; amending RCW 9A.44.050, 9A.44.100, and 9A.44.010; and prescribing penalties.

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

        Sec. 1.  Section 5, chapter 14, Laws of 1975 1st ex. sess. as last amended by section 2, chapter 118, Laws of 1983 and RCW 9A.44.050 are each amended to read as follows:

          (1)  A person is guilty of rape in the second degree when, under circumstances not constituting rape in the first degree, the person engages in sexual intercourse with another person:

          (a)  By forcible compulsion; ((or))

          (b)  When the victim is incapable of consent by reason of being physically helpless or mentally incapacitated; or

(c) When the victim is developmentally disabled and the perpetrator is a person with supervisory authority over the victim.

          (2)  Rape in the second degree is a class B felony.

        Sec. 2.  Section 9A.88.100, chapter 260, Laws of 1975 1st ex. sess. as amended by section 1, chapter 131, Laws of 1986 and RCW 9A.44.100 are each amended to read as follows:

          (1) A person is guilty of indecent liberties when he knowingly causes another person who is not his spouse to have sexual contact with him or another:

          (a) By forcible compulsion; or

          (b) When the other person is less than fourteen years of age; or

          (c) When the other person is less than sixteen years of age and the perpetrator is more than forty-eight months older than the person and is in a position of authority over the person; ((or))

          (d) When the other person is incapable of consent by reason of being mentally defective, mentally incapacitated, or physically helpless; or

(e) When the other person is developmentally disabled and the perpetrator is a person with supervisory authority over the person.

          (2) For purposes of this section:

          (a)  "Sexual contact" means any touching of the sexual or other intimate parts of a person done for the purpose of gratifying sexual desire of either party.

          (b) "Person in a position of authority" means any person who is a parent or acting in the place of a parent and is charged with any of a parent's rights, duties, or responsibilities to a child, or a person who is charged with any duty or responsibility for the health, welfare, education, or supervision of a child, either independently or through another, no matter how briefly, at the time of the act.

          (3) Indecent liberties is a class B felony.

        Sec. 3.  Section 1, chapter 14, Laws of 1975 1st ex. sess. as amended by section 1, chapter 123, Laws of 1981 and RCW 9A.44.010 are each amended to read as follows:

          As used in this chapter:

          (1) "Sexual intercourse" (a) has its ordinary meaning and occurs upon any penetration, however slight, and

          (b) Also means any penetration of the vagina or anus however slight, by an object, when committed on one person by another, whether such persons are of the same or opposite sex, except when such penetration is accomplished for medically recognized treatment or diagnostic purposes, and

          (c) Also means any act of sexual contact between persons involving the sex organs of one person and the mouth or anus of another whether such persons are of the same or opposite sex.

          (2) "Married" means one who is legally married to another, but does not include a person who is living separate and apart from his or her spouse and who has filed in an appropriate court for legal separation or for dissolution of his or her marriage.

          (3) "Mental incapacity" is that condition existing at the time of the offense which prevents a person from understanding the nature or consequences of the act of sexual intercourse whether that condition is produced by illness, defect, the influence of a substance or from some other cause((;)).

          (4) "Physically helpless" means a person who is unconscious or for any other reason is physically unable to communicate unwillingness to an act((;)).

          (5) "Forcible compulsion" means physical force which overcomes resistance, or a threat, express or implied, that places a person in fear of death or physical injury to herself or himself or another person, or in fear that she or he or another person will be kidnapped((;)).

          (6) "Consent" means that at the time of the act of sexual intercourse there are actual words or conduct indicating freely given agreement to have sexual intercourse.

(7) "Developmentally disabled" means a person as defined in RCW 71.20.016 who is a resident of a state school as defined in RCW 72.33.020, a state hospital, state institution, or other state facility, or who is a resident at a county group home or day care center authorized by RCW 71.20.070.

(8) "Person with supervisory authority" means any employee of a state facility or county home or center in which a developmentally disabled person resides.