BILL REQ. #: S-0849.2
| State of Washington | 60th Legislature | 2007 Regular Session |
Read first time 01/29/2007. Referred to Committee on Human Services & Corrections.
AN ACT Relating to penalties for engaging in the commercial sexual abuse of minors; amending RCW 9.68A.001, 9.68A.100, 19.138.340, 9A.88.140, 9.68A.105, 9A.88.120, and 9A.88.070; reenacting and amending RCW 9.94A.533 and 9.94A.515; adding new sections to chapter 9.68A RCW; creating new sections; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 9.68A.001 and 1984 c 262 s 1 are each amended to read
as follows:
The legislature finds that the prevention of sexual exploitation
and abuse of children constitutes a government objective of surpassing
importance. The care of children is a sacred trust and should not be
abused by those who seek commercial gain or personal gratification
based on the exploitation of children.
The legislature further finds that the protection of children from
sexual exploitation can be accomplished without infringing on a
constitutionally protected activity. The definition of "sexually
explicit conduct" and other operative definitions demarcate a line
between protected and prohibited conduct and should not inhibit
legitimate scientific, medical, or educational activities.
The legislature further finds that children engaged in sexual
conduct for financial compensation are frequently the victims of sexual
abuse. Approximately eighty to ninety percent of children engaged in
sexual activity for financial compensation have a history of sexual
abuse victimization. It is the intent of the legislature to encourage
these children to engage in prevention and intervention services and to
hold those who pay to engage in the sexual abuse of children
accountable for the trauma they inflict on children.
Sec. 2 RCW 9.68A.100 and 1999 c 327 s 4 are each amended to read
as follows:
(1) A person is guilty of ((patronizing a juvenile prostitute))
commercial sexual abuse of a minor if ((that person engages or agrees
or offers)):
(a) He or she pays a fee to a minor or a third person as
compensation for a minor having engaged in sexual conduct with him or
her;
(b) He or she pays or agrees to pay a fee to a minor or a third
person pursuant to an understanding that in return therefore such minor
will engage in sexual conduct with him or her; or
(c) He or she solicits, offers, or requests to engage in sexual
conduct with a minor in return for a fee((, and is guilty of)).
(2) Commercial sexual abuse of a minor is a class C felony
punishable under chapter 9A.20 RCW.
(3) In addition to any other penalty provided under chapter 9A.20
RCW, a person guilty of ((patronizing a juvenile prostitute))
commercial sexual abuse of a minor is subject to the provisions under
RCW 9A.88.130 and 9A.88.140.
(4) For purposes of this section, "sexual conduct" means sexual
intercourse or sexual contact, both as defined in chapter 9A.44 RCW.
NEW SECTION. Sec. 3 A new section is added to chapter 9.68A RCW
to read as follows:
(1) A person is guilty of promoting commercial sexual abuse of a
minor if he or she knowingly advances commercial sexual abuse of a
minor or profits from a minor engaged in sexual conduct.
(2) Promoting commercial sexual abuse of a minor is a class B
felony.
(3) For the purposes of this section:
(a) A person "advances commercial sexual abuse of a minor" if,
acting other than as a minor or as a person engaged in commercial
sexual abuse of a minor, he or she causes or aids a person to commit or
engage in commercial sexual abuse of a minor, procures or solicits
customers for commercial sexual abuse of a minor, provides persons or
premises for the purposes of engaging in commercial sexual abuse of a
minor, operates or assists in the operation of a house or enterprise
for the purposes of engaging in commercial sexual abuse of a minor, or
engages in any other conduct designed to institute, aid, cause, assist,
or facilitate an act or enterprise of commercial sexual abuse of a
minor.
(b) A person "profits from commercial sexual abuse of a minor" if,
acting other than as a minor receiving compensation for personally
rendered sexual conduct, he or she accepts or receives money or other
property pursuant to an agreement or understanding with any person
whereby he or she participates or will participate in the proceeds of
the sexual conduct of a minor.
NEW SECTION. Sec. 4 A new section is added to chapter 9.68A RCW
to read as follows:
(1) A person commits the offense of promoting travel for commercial
sexual abuse of a minor if he or she knowingly sells or offers to sell
travel services that include or facilitate travel for the purpose of
engaging in what would be commercial sexual abuse of a minor or
promoting commercial sexual abuse of a minor, if occurring in this
state.
(2) Promoting travel for commercial sexual abuse of a minor is a
class C felony.
(3) For purposes of this section, "travel services" has the same
meaning as defined in RCW 19.138.021.
Sec. 5 RCW 19.138.340 and 2006 c 250 s 3 are each amended to read
as follows:
(1) No seller of travel shall engage in any of the following:
(a) Promoting travel for prostitution or promoting travel for
commercial sexual abuse of a minor;
(b) Selling, advertising, or otherwise offering to sell travel
services or facilitate travel:
(i) For the purposes of engaging in a commercial sex act;
(ii) That consists of tourism packages or activities using and
offering sexual acts as an enticement for tourism; or
(iii) That provides, purports to provide access to, or facilitates
the availability of sex escorts or sexual services.
(2) For the purposes of this section:
(a) "Commercial sex act" means any sexual contact, as defined in
chapter 9A.44 RCW, for which anything of value is given to or received
by any person.
(b) "Sexual act" means any sexual contact as defined in chapter
9A.44 RCW.
NEW SECTION. Sec. 6 A new section is added to chapter 9.68A RCW
to read as follows:
(1) A person is guilty of permitting commercial sexual abuse of a
minor if, having possession or control of premises which he or she
knows are being used for the purpose of commercial sexual abuse of a
minor, he or she fails without lawful excuse to make reasonable effort
to halt or abate such use, or to make a reasonable effort to notify law
enforcement of such use.
(2) Permitting commercial sexual abuse of a minor is a gross
misdemeanor.
Sec. 7 RCW 9A.88.140 and 1999 c 327 s 3 are each amended to read
as follows:
(1) Upon an arrest for a suspected violation of patronizing a
prostitute or ((patronizing a juvenile prostitute)) commercial sexual
abuse of a minor, the arresting law enforcement officer may impound the
person's vehicle if (a) the motor vehicle was used in the commission of
the crime; (b) the person arrested is the owner of the vehicle; and (c)
the person arrested has previously been convicted of patronizing a
prostitute, under RCW 9A.88.110, or ((patronizing a juvenile
prostitute)) commercial sexual abuse of a minor, under RCW 9.68A.100.
(2) Impoundments performed under this section shall be in
accordance with chapter 46.55 RCW.
Sec. 8 RCW 9.94A.533 and 2006 c 339 s 301 and 2006 c 123 s 1 are
each reenacted and amended to read as follows:
(1) The provisions of this section apply to the standard sentence
ranges determined by RCW 9.94A.510 or 9.94A.517.
(2) For persons convicted of the anticipatory offenses of criminal
attempt, solicitation, or conspiracy under chapter 9A.28 RCW, the
standard sentence range is determined by locating the sentencing grid
sentence range defined by the appropriate offender score and the
seriousness level of the completed crime, and multiplying the range by
seventy-five percent.
(3) The following additional times shall be added to the standard
sentence range for felony crimes committed after July 23, 1995, if the
offender or an accomplice was armed with a firearm as defined in RCW
9.41.010 and the offender is being sentenced for one of the crimes
listed in this subsection as eligible for any firearm enhancements
based on the classification of the completed felony crime. If the
offender is being sentenced for more than one offense, the firearm
enhancement or enhancements must be added to the total period of
confinement for all offenses, regardless of which underlying offense is
subject to a firearm enhancement. If the offender or an accomplice was
armed with a firearm as defined in RCW 9.41.010 and the offender is
being sentenced for an anticipatory offense under chapter 9A.28 RCW to
commit one of the crimes listed in this subsection as eligible for any
firearm enhancements, the following additional times shall be added to
the standard sentence range determined under subsection (2) of this
section based on the felony crime of conviction as classified under RCW
9A.28.020:
(a) Five years for any felony defined under any law as a class A
felony or with a statutory maximum sentence of at least twenty years,
or both, and not covered under (f) of this subsection;
(b) Three years for any felony defined under any law as a class B
felony or with a statutory maximum sentence of ten years, or both, and
not covered under (f) of this subsection;
(c) Eighteen months for any felony defined under any law as a class
C felony or with a statutory maximum sentence of five years, or both,
and not covered under (f) of this subsection;
(d) If the offender is being sentenced for any firearm enhancements
under (a), (b), and/or (c) of this subsection and the offender has
previously been sentenced for any deadly weapon enhancements after July
23, 1995, under (a), (b), and/or (c) of this subsection or subsection
(4)(a), (b), and/or (c) of this section, or both, all firearm
enhancements under this subsection shall be twice the amount of the
enhancement listed;
(e) Notwithstanding any other provision of law, all firearm
enhancements under this section are mandatory, shall be served in total
confinement, and shall run consecutively to all other sentencing
provisions, including other firearm or deadly weapon enhancements, for
all offenses sentenced under this chapter. However, whether or not a
mandatory minimum term has expired, an offender serving a sentence
under this subsection may be granted an extraordinary medical placement
when authorized under RCW 9.94A.728(4);
(f) The firearm enhancements in this section shall apply to all
felony crimes except the following: Possession of a machine gun,
possessing a stolen firearm, drive-by shooting, theft of a firearm,
unlawful possession of a firearm in the first and second degree, and
use of a machine gun in a felony;
(g) If the standard sentence range under this section exceeds the
statutory maximum sentence for the offense, the statutory maximum
sentence shall be the presumptive sentence unless the offender is a
persistent offender. If the addition of a firearm enhancement
increases the sentence so that it would exceed the statutory maximum
for the offense, the portion of the sentence representing the
enhancement may not be reduced.
(4) The following additional times shall be added to the standard
sentence range for felony crimes committed after July 23, 1995, if the
offender or an accomplice was armed with a deadly weapon other than a
firearm as defined in RCW 9.41.010 and the offender is being sentenced
for one of the crimes listed in this subsection as eligible for any
deadly weapon enhancements based on the classification of the completed
felony crime. If the offender is being sentenced for more than one
offense, the deadly weapon enhancement or enhancements must be added to
the total period of confinement for all offenses, regardless of which
underlying offense is subject to a deadly weapon enhancement. If the
offender or an accomplice was armed with a deadly weapon other than a
firearm as defined in RCW 9.41.010 and the offender is being sentenced
for an anticipatory offense under chapter 9A.28 RCW to commit one of
the crimes listed in this subsection as eligible for any deadly weapon
enhancements, the following additional times shall be added to the
standard sentence range determined under subsection (2) of this section
based on the felony crime of conviction as classified under RCW
9A.28.020:
(a) Two years for any felony defined under any law as a class A
felony or with a statutory maximum sentence of at least twenty years,
or both, and not covered under (f) of this subsection;
(b) One year for any felony defined under any law as a class B
felony or with a statutory maximum sentence of ten years, or both, and
not covered under (f) of this subsection;
(c) Six months for any felony defined under any law as a class C
felony or with a statutory maximum sentence of five years, or both, and
not covered under (f) of this subsection;
(d) If the offender is being sentenced under (a), (b), and/or (c)
of this subsection for any deadly weapon enhancements and the offender
has previously been sentenced for any deadly weapon enhancements after
July 23, 1995, under (a), (b), and/or (c) of this subsection or
subsection (3)(a), (b), and/or (c) of this section, or both, all deadly
weapon enhancements under this subsection shall be twice the amount of
the enhancement listed;
(e) Notwithstanding any other provision of law, all deadly weapon
enhancements under this section are mandatory, shall be served in total
confinement, and shall run consecutively to all other sentencing
provisions, including other firearm or deadly weapon enhancements, for
all offenses sentenced under this chapter. However, whether or not a
mandatory minimum term has expired, an offender serving a sentence
under this subsection may be granted an extraordinary medical placement
when authorized under RCW 9.94A.728(4);
(f) The deadly weapon enhancements in this section shall apply to
all felony crimes except the following: Possession of a machine gun,
possessing a stolen firearm, drive-by shooting, theft of a firearm,
unlawful possession of a firearm in the first and second degree, and
use of a machine gun in a felony;
(g) If the standard sentence range under this section exceeds the
statutory maximum sentence for the offense, the statutory maximum
sentence shall be the presumptive sentence unless the offender is a
persistent offender. If the addition of a deadly weapon enhancement
increases the sentence so that it would exceed the statutory maximum
for the offense, the portion of the sentence representing the
enhancement may not be reduced.
(5) The following additional times shall be added to the standard
sentence range if the offender or an accomplice committed the offense
while in a county jail or state correctional facility and the offender
is being sentenced for one of the crimes listed in this subsection. If
the offender or an accomplice committed one of the crimes listed in
this subsection while in a county jail or state correctional facility,
and the offender is being sentenced for an anticipatory offense under
chapter 9A.28 RCW to commit one of the crimes listed in this
subsection, the following additional times shall be added to the
standard sentence range determined under subsection (2) of this
section:
(a) Eighteen months for offenses committed under RCW 69.50.401(2)
(a) or (b) or 69.50.410;
(b) Fifteen months for offenses committed under RCW 69.50.401(2)
(c), (d), or (e);
(c) Twelve months for offenses committed under RCW 69.50.4013.
For the purposes of this subsection, all of the real property of a
state correctional facility or county jail shall be deemed to be part
of that facility or county jail.
(6) An additional twenty-four months shall be added to the standard
sentence range for any ranked offense involving a violation of chapter
69.50 RCW if the offense was also a violation of RCW 69.50.435 or
9.94A.605. All enhancements under this subsection shall run
consecutively to all other sentencing provisions, for all offenses
sentenced under this chapter.
(7) An additional two years shall be added to the standard sentence
range for vehicular homicide committed while under the influence of
intoxicating liquor or any drug as defined by RCW 46.61.502 for each
prior offense as defined in RCW 46.61.5055.
(8)(a) The following additional times shall be added to the
standard sentence range for felony crimes committed on or after July 1,
2006, if the offense was committed with sexual motivation, as that term
is defined in RCW 9.94A.030. If the offender is being sentenced for
more than one offense, the sexual motivation enhancement must be added
to the total period of total confinement for all offenses, regardless
of which underlying offense is subject to a sexual motivation
enhancement. If the offender committed the offense with sexual
motivation and the offender is being sentenced for an anticipatory
offense under chapter 9A.28 RCW, the following additional times shall
be added to the standard sentence range determined under subsection (2)
of this section based on the felony crime of conviction as classified
under RCW 9A.28.020:
(i) Two years for any felony defined under the law as a class A
felony or with a statutory maximum sentence of at least twenty years,
or both;
(ii) Eighteen months for any felony defined under any law as a
class B felony or with a statutory maximum sentence of ten years, or
both;
(iii) One year for any felony defined under any law as a class C
felony or with a statutory maximum sentence of five years, or both;
(iv) If the offender is being sentenced for any sexual motivation
enhancements under (i), (ii), and/or (iii) of this subsection and the
offender has previously been sentenced for any sexual motivation
enhancements on or after July 1, 2006, under (i), (ii), and/or (iii) of
this subsection, all sexual motivation enhancements under this
subsection shall be twice the amount of the enhancement listed;
(b) Notwithstanding any other provision of law, all sexual
motivation enhancements under this subsection are mandatory, shall be
served in total confinement, and shall run consecutively to all other
sentencing provisions, including other sexual motivation enhancements,
for all offenses sentenced under this chapter. However, whether or not
a mandatory minimum term has expired, an offender serving a sentence
under this subsection may be granted an extraordinary medical placement
when authorized under RCW 9.94A.728(4);
(c) The sexual motivation enhancements in this subsection apply to
all felony crimes;
(d) If the standard sentence range under this subsection exceeds
the statutory maximum sentence for the offense, the statutory maximum
sentence shall be the presumptive sentence unless the offender is a
persistent offender. If the addition of a sexual motivation
enhancement increases the sentence so that it would exceed the
statutory maximum for the offense, the portion of the sentence
representing the enhancement may not be reduced;
(e) The portion of the total confinement sentence which the
offender must serve under this subsection shall be calculated before
any earned early release time is credited to the offender;
(f) Nothing in this subsection prevents a sentencing court from
imposing a sentence outside the standard sentence range pursuant to RCW
9.94A.535.
(9) An additional one-year enhancement shall be added to the
standard sentence range for the felony crimes of RCW 9A.44.073,
9A.44.076, 9A.44.079, 9A.44.083, 9A.44.086, or 9A.44.089 committed on
or after July 1, 2007, if the offender engaged, agreed, or offered to
engage the victim in the sexual conduct in return for a fee. If the
offender is being sentenced for more than one offense, the one-year
enhancement must be added to the total period of total confinement for
all offenses, regardless of which underlying offense is subject to the
enhancement. If the offender is being sentenced for an anticipatory
offense for the felony crimes of RCW 9A.44.073, 9A.44.076, 9A.44.079,
9A.44.083, 9A.44.086, or 9A.44.089, and the offender attempted to
engage, agree, or offer to engage the victim in sexual conduct in
return for a fee, an additional one-year enhancement shall be added to
the standard sentence range determined under subsection (2) of this
section based on the felony crime of conviction as classified under RCW
9A.28.020. For purposes of this subsection, "sexual conduct" means
sexual intercourse or sexual contact, both as defined in chapter 9A.44
RCW.
Sec. 9 RCW 9.68A.105 and 1995 c 353 s 12 are each amended to read
as follows:
(1)(a) In addition to penalties set forth in RCW 9.68A.100, a
person who is either convicted or given a deferred sentence or a
deferred prosecution or who has entered into a statutory or
nonstatutory diversion agreement as a result of an arrest for violating
RCW 9.68A.100 or a comparable county or municipal ordinance shall be
assessed a ((two)) five hundred fifty dollar fee.
(b) The court may not suspend payment of all or part of the fee
unless it finds that the person does not have the ability to pay.
(c) When a minor has been adjudicated a juvenile offender or has
entered into a statutory or nonstatutory diversion agreement for an
offense which, if committed by an adult, would constitute a violation
of RCW 9.68A.100 or a comparable county or municipal ordinance, the
court shall assess the fee under (a) of this subsection. The court may
not suspend payment of all or part of the fee unless it finds that the
minor does not have the ability to pay the fee.
(2) The fee assessed under subsection (1) of this section shall be
collected by the clerk of the court and distributed each month to the
state treasurer for deposit in the prostitution prevention and
intervention account under RCW 43.63A.740 for the purpose of funding
prostitution prevention and intervention activities.
(3) For the purposes of this section:
(a) "Statutory or nonstatutory diversion agreement" means an
agreement under RCW 13.40.080 or any written agreement between a person
accused of an offense listed in subsection (1) of this section and a
court, county or city prosecutor, or designee thereof, whereby the
person agrees to fulfill certain conditions in lieu of prosecution.
(b) "Deferred sentence" means a sentence that will not be carried
out if the defendant meets certain requirements, such as complying with
the conditions of probation.
Sec. 10 RCW 9A.88.120 and 1995 c 353 s 13 are each amended to
read as follows:
(1)(a) In addition to penalties set forth in RCW 9A.88.010,
9A.88.030, and 9A.88.090, a person who is either convicted or given a
deferred sentence or a deferred prosecution or who has entered into a
statutory or nonstatutory diversion agreement as a result of an arrest
for violating RCW 9A.88.010, 9A.88.030, 9A.88.090, or comparable county
or municipal ordinances shall be assessed a fifty dollar fee.
(b) In addition to penalties set forth in RCW 9A.88.110, a person
who is either convicted or given a deferred sentence or a deferred
prosecution or who has entered into a statutory or nonstatutory
diversion agreement as a result of an arrest for violating RCW
9A.88.110 or a comparable county or municipal ordinance shall be
assessed a one hundred fifty dollar fee.
(c) In addition to penalties set forth in RCW 9A.88.070 and
9A.88.080, a person who is either convicted or given a deferred
sentence or a deferred prosecution or who has entered into a statutory
or nonstatutory diversion agreement as a result of an arrest for
violating RCW 9A.88.070, 9A.88.080, or comparable county or municipal
ordinances shall be assessed a three hundred dollar fee.
(2) The court may not suspend payment of all or part of the fee
unless it finds that the person does not have the ability to pay.
(3) When a minor has been adjudicated a juvenile offender or has
entered into a statutory or nonstatutory diversion agreement for an
offense which, if committed by an adult, would constitute a violation
under this chapter or comparable county or municipal ordinances, the
court shall assess the fee as specified under subsection (1) of this
section. The court may not suspend payment of all or part of the fee
unless it finds that the minor does not have the ability to pay the
fee.
(4) Any fee assessed under this section shall be collected by the
clerk of the court and distributed each month to the state treasurer
for deposit in the prostitution prevention and intervention account
under RCW 43.63A.740 for the purpose of funding prostitution prevention
and intervention activities.
(5) As used in this section, "statutory or nonstatutory diversion
agreement" and "deferred sentence" have the same meaning as defined in
RCW 9.68A.105.
Sec. 11 RCW 9A.88.070 and 1975 1st ex.s. c 260 s 9A.88.070 are
each amended to read as follows:
(1) A person is guilty of promoting prostitution in the first
degree if he or she knowingly((:)) advances prostitution by compelling a person by threat or
force to engage in prostitution or profits from prostitution which
results from such threat or force((
(a); or)).
(b) Advances or profits from prostitution of a person less than
eighteen years old
(2) Promoting prostitution in the first degree is a class B felony.
Sec. 12 RCW 9.94A.515 and 2006 c 277 s 6, 2006 c 228 s 9, 2006 c
191 s 2, 2006 c 139 s 2, 2006 c 128 s 3, and 2006 c 73 s 12 are each
reenacted and amended to read as follows:
| TABLE 2 | ||
| CRIMES INCLUDED WITHIN EACH SERIOUSNESS LEVEL | ||
| XVI | ||
| XV | ||
| XIV | ||
| XIII | ||
| XII | ||
| XI | ||
| X | ||
| IX | ||
| VIII | ||
| VII | ||
| VI | ||
| V | ||
| IV | ||
| III | ||
| Escape 2 (RCW 9A.76.120) | ||
| II | ||
| I | ||
NEW SECTION. Sec. 13 If funds are specifically appropriated to
the prostitution prevention and intervention account as provided in RCW
43.63A.720 for the purposes provided in this section, the department of
community, trade, and economic development shall prioritize such funds
to provide minors who have a history of engaging in sexual conduct for
a fee or are the victims of commercial sexual abuse of a minor with (1)
residential treatment and services; (2) counseling services including
mental health and substance abuse services and intensive case
management; (3) services to engage the minors in school or vocational
training; and (4) health care services.
NEW SECTION. Sec. 14 If funds are specifically appropriated to
the prostitution prevention and intervention account as provided in RCW
43.63A.720 for the purposes provided in this section, the department of
community, trade, and economic development shall prioritize such funds
for training of law enforcement and community outreach and education on
minors who have a history of engaging in sexual conduct for a fee or
are the victims of commercial sexual abuse of a minor.