H-0682.1  _______________________________________________

                          HOUSE BILL 1091

          _______________________________________________

State of Washington      57th Legislature     2001 Regular Session

By Representatives Lambert, H. Sommers, Miloscia, Cairnes, Schindler, Talcott and Mielke

Read first time 01/16/2001.  Referred to Committee on Criminal Justice & Corrections.

Changing sexual misconduct laws with regard to school employees.

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

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

    Sec. 1.  RCW 9A.44.093 and 1994 c 271 s 306 are each amended to read as follows:

    (1)(a) Except as provided in (b) of this subsection, a person is guilty of sexual misconduct with a minor in the first degree when the person has, or knowingly causes another person under the age of eighteen to have, 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, other than a relationship between a school employee and a student, and abuses a supervisory position within that relationship in order to engage in or cause another person under the age of eighteen to engage in sexual intercourse with the victim.

(b) In the case of a significant relationship involving a school employee and a student, the employee is guilty of sexual misconduct with a minor in the first degree when the employee has, or knowingly causes another person under the age of eighteen to have, sexual intercourse with the student if the student is at least sixteen years old but less than eighteen years old and not married to the employee.

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

(3) For the purposes of this section, "school employee" means an employee of a common school defined in RCW 28A.150.020 or a grade kindergarten through twelve employee of a private school under chapter 28A.195 RCW.

    Sec. 2.  RCW 9A.44.096 and 1994 c 271 s 307 are each amended to read as follows:

    (1)(a) Except as provided in (b) of this subsection, a person is guilty of sexual misconduct with a minor in the second degree when the person has, or knowingly causes another person under the age of eighteen to have, 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, other than a relationship between a school employee and a student, and abuses a supervisory position within that relationship in order to engage in or cause another person under the age of eighteen to engage in sexual contact with the victim.

(b) In the case of a significant relationship involving a school employee and a student, the employee is guilty of sexual misconduct with a minor in the second degree when the employee has, or knowingly causes another person under the age of eighteen to have, sexual contact with the student if the student is at least sixteen years old but less than eighteen years old and not married to the employee.

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

(3) For the purposes of this section, "school employee" means an employee of a common school defined in RCW 28A.150.020 or a grade kindergarten through twelve employee of a private school under chapter 28A.195 RCW.

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