H-3398              _______________________________________________

                                                   HOUSE BILL NO. 2678

                        _______________________________________________

State of Washington                               51st Legislature                              1990 Regular Session

By Representatives Brumsickle, Betrozoff, McLean, Walker, Raiter, Doty, Padden, Fuhrman, Beck, Youngsman, Smith, Bowman, Ballard, Wolfe, Crane, Heavey, Silver, Tate, Brough, Miller, D. Sommers, Wood and Schoon

Read first time 1/19/90 and referred to Committee on Judiciary.

AN ACT Relating to sexual misconduct with a minor; and amending RCW 9A.44.093 and 9A.44.096.

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

        Sec. 1.  Section 8, chapter 145, Laws of 1988 and RCW 9A.44.093 are each amended to read as follows:

          (1) A person is guilty of sexual misconduct with a minor in the first degree when the person has sexual intercourse with another person who is at least sixteen years old but less than eighteen years old and not married to the perpetrator, if the perpetrator is at least sixty months older than the victim, is in a significant relationship to the victim, and abuses a supervisory position within that relationship in order to engage in sexual intercourse with the victim.  An individual who holds a certificate under chapter 28A.67 RCW is in a significant relationship with all persons less than eighteen years old.

          (2) Sexual misconduct with a minor in the first degree is a class C felony.

        Sec. 2.  Section 9, chapter 145, Laws of 1988 and RCW 9A.44.096 are each amended to read as follows:

          (1) A person is guilty of sexual misconduct with a minor in the second degree when the person has sexual contact with another person who is at least sixteen years old but less than eighteen years old and not married to the perpetrator, if the perpetrator is at least sixty months older than the victim, is in a significant relationship to the victim, and abuses a supervisory position within that relationship in order to engage in sexual contact with the victim.  An individual who holds a certificate under chapter 28A.67 RCW is in a significant relationship with all persons less than eighteen years old.

          (2) Sexual misconduct with a minor in the second degree is a gross misdemeanor.