5800-S AMH JUD PERR 01

SSB 5800 - H COMM AMD

By Committee on Judiciary

     Strike everything after the enacting clause and insert the following:

     "NEW SECTION. Sec. 1.  A new section is added to chapter 9A.44 RCW to read as follows:

     (1) Any person who has sexual intercourse or sexual contact with a dead human body is guilty of a class C felony.

     (2) As used in this section:

     (a) "Sexual intercourse" (i) has its ordinary meaning and occurs upon any penetration, however slight; and (ii) also means any penetration of the vagina or anus however slight, by an object, when committed on a dead human body, except when such penetration is accomplished as part of a procedure authorized or required under chapter 68.50 RCW or other law; and (iii) also means any act of sexual contact between the sex organs of a person and the mouth or anus of a dead human body.

     (b) "Sexual contact" means any touching by a person of the sexual or other intimate parts of a dead human body done for the purpose of gratifying the sexual desire of the person."

EFFECT:  Places the crime in the criminal code in the same chapter as other sex offenses.  Uses definitions of "sexual intercourse" and "sexual contact" that are similar to those used in other sex offenses.  Leaves the offense an unranked class C felony with a presumptive sentence of up to one year in prison.