S-3570.1  _______________________________________________

                         SENATE BILL 6498

          _______________________________________________

State of Washington   57th Legislature        2002 Regular Session

By Senators Long, Hargrove, Costa, Carlson, Winsley and Kohl‑Welles

Read first time 01/18/2002.  Referred to Committee on Judiciary.

Limiting the crime of sexual misconduct with a minor to cases in which the victim is a minor.

    AN ACT Relating to limiting the crime of sexual misconduct with a minor to cases in which the victim is 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.  RCW 9A.44.093 and 2001 2nd sp.s. c 12 s 357 are each amended to read as follows:

    (1) A person is guilty of sexual misconduct with a minor in the first degree when:  (a) 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, 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; or (b) the person is a school employee who has, or knowingly causes another person under the age of eighteen to have, sexual intercourse with a registered student of the school who is at least sixteen years old but less than eighteen years old and not married to the employee, if the employee is at least sixty months older than the student.

    (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, who is not enrolled as a student of the common school or private school.

    Sec. 2.  RCW 9A.44.096 and 2001 2nd sp.s. c 12 s 358 are each amended to read as follows:

    (1) A person is guilty of sexual misconduct with a minor in the second degree when:  (a) 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, 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; or (b) the person is a school employee who has, or knowingly causes another person under the age of eighteen to have, sexual contact with a registered student of the school who is at least sixteen years old but less than eighteen years old and not married to the employee, if the employee is at least sixty months older than the student.

    (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, who is not enrolled as a student of the common school or private school.

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