title: RCW 9A.40.100

text:
(1) A person is guilty of trafficking in the first degree when such person recruits, entices, harbors, transports, isolates, solicits, provides, obtains, buys, purchases, maintains, or receives by any means another person and:
(a)(i) Knows, or acts in reckless disregard of the fact, that force, fraud, or coercion will be used to cause the person to engage in forced labor, involuntary servitude, a sexually explicit act, or a commercial sex act; or
(ii) Such person knowingly, or in reckless disregard, causes a person under 18 years of age to engage in a sexually explicit act or commercial sex act, or benefits financially or by receiving anything of value from participation in a venture that has engaged in acts set forth in (a)(i) or (ii) of this subsection; provided, that it is not a defense that such person did not know, or recklessly disregarded the fact, that the other person was under 18 years of age or believed the other person was older, as the case may be; and
(b) The acts or venture set forth in (a)(i) or (ii) of this subsection:
(i) Involve such person committing or attempting to commit kidnapping;
(ii) Involve a finding of sexual motivation;
(iii) Involve the illegal harvesting or sale of human organs; or
(iv) Result in a death.
(2) Trafficking in the first degree is a class A felony.
(3) A person is guilty of trafficking in the second degree when such person recruits, entices, harbors, transports, isolates, solicits, provides, obtains, buys, purchases, maintains, or receives by any means another person and:
(a) Knows, or acts in reckless disregard of the fact, that force, fraud, or coercion will be used to cause the person to engage in forced labor, involuntary servitude, a sexually explicit act, or a commercial sex act; or
(b) Such person knowingly, or in reckless disregard, causes a person under 18 years of age to engage in a sexually explicit act or commercial sex act, or benefits financially or by receiving anything of value from participation in a venture that has engaged in acts set forth in (a) or (b) of this subsection; provided, that it is not a defense that such person did not know, or recklessly disregarded the fact, that the other person was under 18 years of age or believed the other person was older, as the case may be.
(4) Trafficking in the second degree is a class A felony.
(5) If the victim of any offense identified in this section is a minor, then force, fraud, or coercion are not necessary elements of an offense and consent to the sexually explicit act or commercial sex act does not constitute a defense.
(6) For purposes of this section:
(a) "Coercion" includes, but is not limited to, the following circumstances:
(i) Using or threatening to use physical force against any person;
(ii) Restraining, isolating, or confining or threatening to restrain, isolate, or confine any person without lawful authority and against their will;
(iii) Using lending or other credit methods to establish a debt by any person when labor or services are pledged as a security for the debt, constituting debt bondage, if the value of the labor or services are pledged as a security for the debt, the value of the labor or services as reasonably assessed is not applied toward the liquidation of the debt, or the length and nature of the labor or services are not respectively limited and defined;
(iv) Destroying, concealing, removing, confiscating, withholding, or possessing any actual or purported passport, visa, or other immigration document, or any other actual or purported government identification document, of any person;
(v) Causing or threatening to cause financial harm to any person;
(vi) Enticing or luring any person by fraud or deceit;
(vii) Providing or withholding any drug, alcohol, controlled substance, property, or necessities of life including money, food, lodging, or anything else of value that belongs to or was promised to another person knowing that this other person will be caused to engage in forced labor, involuntary servitude, a sexually explicit act, or a commercial sex act;
(viii) Accusing any person of a crime or causing criminal charges to be instituted against any person;
(ix) Exposing a secret or publicizing an asserted fact, whether true or false, tending to subject any person to hatred, contempt, or ridicule;
(x) Testifying or providing information, or withholding testimony or information, with respect to another's legal claim or defense;
(xi) Taking wrongful action as an official against anyone or anything, or wrongfully withholding official action, or causing such action or withholding;
(xii) Committing any other act which is intended to harm substantially the person threatened or another with respect to his or her health, safety, business, financial condition, or personal relationships; or
(xiii) Holding or returning a person to a condition of involuntary servitude, debt bondage, or forced labor, with the intent of placing them in or returning them to a condition of involuntary servitude, debt bondage, or forced labor, where such condition is based on the alleged, implied, or actual inheritance of another's debt, constituting peonage.
(b) "Commercial sex act" means any act of sexual contact or sexual intercourse, both as defined in chapter 9A.44 RCW, for which something of value is given or received by any person.
(c) "Kidnapping" means intentionally abducting another person.
(d) "Maintain" means, in relation to forced labor, involuntary servitude, a sexually explicit act, or a commercial sex act, to secure or make possible continued performance thereof, regardless of any initial agreement on the part of the victim to perform such labor, servitude, or act.
(e) "Sexual motivation" means that one of the purposes for which the defendant committed the crime was for the purpose of his or her sexual gratification.
(f) "Sexually explicit act" means a public, private, or live photographed, recorded, or videotaped act or show intended to arouse or satisfy the sexual desires or appeal to the prurient interests of patrons for which something of value is given or received.
(7) A person who is convicted, enters into a plea agreement to a reduced or different charge, is given a deferred sentence or a deferred prosecution, or enters into a statutory or nonstatutory diversion agreement as a result of an arrest for a violation of a trafficking crime shall be assessed a $10,000 fee. The court shall not reduce, waive, or suspend payment of all or part of the fee assessed in this section unless it finds, on the record, that the offender does not have the ability to pay the fee in which case it may reduce the fee by an amount up to two-thirds of the maximum allowable fee.
(8)(a) Fees assessed under this section shall be collected by the clerk of the court and remitted as follows:
(i) 45 percent to the treasurer of the county where the offense occurred for deposit in the county general fund, except in cases in which the offense occurred in a city or town that provides for its own law enforcement, in which case these amounts shall be remitted to the treasurer of the city or town for deposit in the general fund of the city or town, and which must be spent on services for victims of trafficking crimes in that jurisdiction;
(ii) 45 percent to the treasurer of the county where the offense occurred for deposit in the county general fund, except in cases in which the offense occurred in a city or town that provides for its own law enforcement, in which case these amounts shall be remitted to the treasurer of the city or town for deposit in the general fund of the city or town, and which must be spent on: (A) Local efforts to reduce the commercial sale of sex, including but not limited to increasing enforcement of commercial sex laws; (B) prevention, including education programs for offenders, such as programs to educate and divert persons from soliciting commercial sexual services; and (C) rehabilitative services, such as mental health and substance abuse counseling, parenting skills, training, housing relief, education, vocational training, drop-in centers, and employment counseling; and
(iii) 10 percent must be retained by the clerks of the courts for their official services.
(b) Revenues from these fees are not subject to the distribution requirements under RCW 3.50.100, 3.62.020, 3.62.040, 10.82.070, or 35.20.220.
[ 2024 c 298 s 1; 2017 c 126 s 1; 2014 c 188 s 1; 2013 c 302 s 6. Prior: 2012 c 144 s 2; 2012 c 134 s 1; 2011 c 111 s 1; 2003 c 267 s 1.]
Notes:
Effective date—2024 c 298: "This act takes effect July 1, 2025." [ 2024 c 298 s 23.]
Effective date—2013 c 302: See note following RCW 9.68A.090.

catchline: Trafficking.


doc_type: statute

jurisdiction: wa

title: RCW 9A.40.102

text:
(1) A defendant who is charged by citation, complaint, or information with an offense involving trafficking, as described in RCW 9A.40.100, and is not arrested, shall appear in court for arraignment or initial appearance in person as soon as practicable, but in no event later than fourteen days after the defendant is served with the citation, complaint, or information. At that appearance, the court shall determine the necessity of imposing or extending a no-contact order, and consider the provisions of RCW 9.41.800 or other conditions of pretrial release according to the procedures established by court rule for preliminary appearance or an arraignment.
(2) Whenever a no-contact order is issued under this section, the clerk of the court shall forward a copy of the order on or before the next judicial day to the appropriate law enforcement agency specified in the order. Upon receipt of the copy of the order, the law enforcement agency shall enter the order for one year or until the expiration date specified on the order into any computer-based criminal intelligence information system available in this state used by law enforcement agencies to list outstanding warrants. Entry into the computer-based criminal intelligence information system constitutes notice to all law enforcement agencies of the existence of the order. The order is fully enforceable in any jurisdiction in the state. Upon receipt of notice that an order has been terminated, the law enforcement agency shall remove the order from the computer-based criminal intelligence information system.
[ 2017 c 230 s 1.]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Trafficking—Court appearance—No-contact orders—Entry of order into computer-based criminal intelligence information system.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 9A.40.104

text:
(1) Because of the likelihood of repeated harassment and intimidation directed at those who have been victims of trafficking as described in RCW 9A.40.100, before any defendant charged with or arrested, for a crime involving trafficking, is released from custody, or at any time the case remains unresolved, the court may prohibit that person from having any contact with the victim whether directly or through third parties.
At the initial preliminary appearance, the court shall determine whether to extend any existing prohibition on the defendant's contact with the victim. If there is no outstanding restraining or protective order prohibiting that person from having contact with the victim, the court may issue, by telephone, a no-contact order prohibiting the person charged or arrested from having contact with the victim or from knowingly coming within, or knowingly remaining within, a specified distance of a location. The court may also consider the provisions of RCW 9.41.800 or other conditions of pretrial release according to the procedures established by court rule for preliminary appearance or an arraignment.
(2) At the time of arraignment the court shall determine whether a no-contact order shall be issued or extended. So long as the court finds probable cause, the court may issue or extend a no-contact order. The no-contact order shall terminate if the defendant is acquitted or the charges are dismissed.
(3)(a) Willful violation of a court order issued under this section is punishable under RCW 7.105.450.
(b) The written order shall contain the court's directives and shall bear the legend: Violation of this order is a criminal offense under chapter 7.105 RCW and the violator is subject to arrest; any assault, drive-by shooting, or reckless endangerment that is a violation of this order is a felony.
(4) Upon a motion with notice to all parties and after a hearing, the court may terminate or modify the terms of an existing no-contact order, including terms entered pursuant to RCW 9.41.800 related to firearms or other dangerous weapons or to concealed pistol licenses.
(5)(a) A defendant's motion to terminate or modify a no-contact order must include a declaration setting forth facts supporting the requested order for termination or modification. The court shall deny the motion unless it finds that adequate cause for hearing the motion is established by the declarations. If the court finds that the defendant established adequate cause, the court shall set a date for hearing the defendant's motion.
(b) The court may terminate or modify the terms of a no-contact order, including terms entered pursuant to RCW 9.41.800 related to firearms or other dangerous weapons or to concealed pistol licenses, if the defendant proves by a preponderance of the evidence that there has been a material change in circumstances such that the defendant is not likely to engage in or attempt to engage in physical or nonphysical contact with the victim if the order is terminated or modified. The victim bears no burden of proving that he or she has a current reasonable fear of harm by the defendant.
(c) A defendant may file a motion to terminate or modify pursuant to this section no more than once in every twelve-month period that the order is in effect, starting from the date of the order and continuing through any renewal.
(6) Whenever a no-contact order is issued, modified, or terminated under this section, the clerk of the court shall forward a copy of the order on or before the next judicial day to the appropriate law enforcement agency specified in the order. Upon receipt of the copy of the order the law enforcement agency shall enter the order for one year or until the expiration date specified on the order into any computer-based criminal intelligence information system available in this state used by law enforcement agencies to list outstanding warrants. Entry into the computer-based criminal intelligence information system constitutes notice to all law enforcement agencies of the existence of the order. The order is fully enforceable in any jurisdiction in the state. Upon receipt of notice that an order has been terminated, the law enforcement agency shall remove the order from the computer-based criminal intelligence information system.
[ 2021 c 215 s 107; 2017 c 230 s 3.]
Notes:
Effective date—2022 c 268; 2021 c 215: See note following RCW 7.105.900.

catchline: Trafficking—Court may prohibit defendant's contact with victim—No-contact orders—Issuance, termination, modification—Entry of order into computer-based criminal intelligence information system.


title: RCW 9A.40.106

text:
(1) If a defendant is found guilty of the crime of trafficking under RCW 9A.40.100 and a condition of the sentence restricts the defendant's ability to have contact with the victim, the condition must be recorded and a written certified copy of that order must be provided to the victim by the clerk of the court. Willful violation of a court order issued under this section is punishable under *RCW 26.50.110. The written order must contain the court's directives and shall bear the legend: Violation of this order is a criminal offense under *chapter 26.50 RCW and the violator is subject to arrest; any assault, drive-by shooting, or reckless endangerment that is a violation of this order is a felony.
(2) Whenever a no-contact order is issued under this section, the clerk of the court shall forward a copy of the order on or before the next judicial day to the appropriate law enforcement agency specified in the order. Upon receipt of the copy of the order, the law enforcement agency shall enter the order for one year or until the expiration date specified on the order into any computer-based criminal intelligence information system available in this state used by law enforcement agencies to list outstanding warrants. Entry into the computer-based criminal intelligence information system constitutes notice to all law enforcement agencies of the existence of the order. The order is fully enforceable in any jurisdiction in the state. Upon receipt of notice that an order has been terminated, the law enforcement agency shall remove the order from the computer-based criminal intelligence information system.
[ 2017 c 230 s 4.]
Notes:
*Reviser's note: Chapter 26.50 RCW was repealed in its entirety by 2021 c 215 s 170, effective July 1, 2022.

catchline: Trafficking—Condition of sentence restricting contact—No-contact orders—Entry of order into computer-based criminal intelligence information system.


title: RCW 9A.40.110

text:
(1) A person is guilty of coercion of involuntary servitude if he or she coerces, as defined in RCW 9A.36.070, another person to perform labor or services by:
(a) Withholding or threatening to withhold or destroy documents relating to a person's immigration status; or
(b) Threatening to notify law enforcement officials that a person is present in the United States in violation of federal immigration laws.
(2) Coercion does not include reports to law enforcement that a person is present in the United States in violation of federal immigration laws.
(3) A person may commit coercion of involuntary servitude regardless of whether the person provides any sort of compensation or benefits to the person who is coerced.
(4) Coercion of involuntary servitude is a class C felony.
[ 2014 c 52 s 1.]

catchline: Coercion of involuntary servitude.


title: RCW 9A.40.120

text:
Any general authority Washington peace officer as defined in RCW 10.93.020 in this state may enforce this chapter as it relates to orders restricting the defendants' ability to have contact with the victim or others.
[ 2017 c 230 s 2.]

catchline: Enforcement of orders restricting contact.


title: RCW 9A.40.900

text:
For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered domestic partnerships that have been terminated, dissolved, or invalidated, to the extent that such interpretation does not conflict with federal law. Where necessary to implement chapter 521, Laws of 2009, gender-specific terms such as husband and wife used in any statute, rule, or other law shall be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships.
[ 2009 c 521 s 23.]

catchline: Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.


title: RCW 9A.42.005

text:
The legislature finds that there is a significant need to protect children and dependent persons, including frail elder and vulnerable adults, from abuse and neglect by their parents, by persons entrusted with their physical custody, or by persons employed to provide them with the basic necessities of life. The legislature further finds that such abuse and neglect often takes the forms of either withholding from them the basic necessities of life, including food, water, shelter, clothing, and health care, or abandoning them, or both. Therefore, it is the intent of the legislature that criminal penalties be imposed on those guilty of such abuse or neglect. It is the intent of the legislature that a person who, in good faith, is furnished Christian Science treatment by a duly accredited Christian Science practitioner in lieu of medical care is not considered deprived of medically necessary health care or abandoned. Prosecutions under this chapter shall be consistent with the rules of evidence, including hearsay, under law.
[ 1997 c 392 s 507.]
Notes:
Short title—Findings—Construction—Conflict with federal requirements—Part headings and captions not law—1997 c 392: See notes following RCW 74.39A.009.

catchline: Findings and intent—Christian Science treatment—Rules of evidence.


title: RCW 9A.42.010

text:
As used in this chapter:
(1) "Abandons" means leaving a child or other dependent person without the means or ability to obtain one or more of the basic necessities of life.
(2) "Basic necessities of life" means food, water, shelter, clothing, and medically necessary health care, including but not limited to health-related treatment or activities, hygiene, oxygen, and medication.
(3)(a) "Bodily injury" means physical pain or injury, illness, or an impairment of physical condition;
(b) "Substantial bodily harm" means bodily injury which involves a temporary but substantial disfigurement, or which causes a temporary but substantial loss or impairment of the function of any bodily part or organ, or which causes a fracture of any bodily part;
(c) "Great bodily harm" means bodily injury which creates a high probability of death, or which causes serious permanent disfigurement, or which causes a permanent or protracted loss or impairment of the function of any bodily part or organ.
(4) "Child" means a person under eighteen years of age.
(5) "Dependent person" means a person who, because of physical or mental disability, or because of extreme advanced age, is dependent upon another person to provide the basic necessities of life. A resident of a nursing home, as defined in RCW 18.51.010, a resident of an adult family home, as defined in RCW 70.128.010, and a frail elder or vulnerable adult, as defined in *RCW 74.34.020(22), is presumed to be a dependent person for purposes of this chapter.
(6) "Employed" means hired by a dependent person, another person acting on behalf of a dependent person, or by an organization or governmental entity, to provide to a dependent person any of the basic necessities of life. A person may be "employed" regardless of whether the person is paid for the services or, if paid, regardless of who pays for the person's services.
(7) "Good samaritan" means any individual or group of individuals who: (a) Is not related to the dependent person; (b) voluntarily provides assistance or services of any type to the dependent person; (c) is not paid, given gifts, or made a beneficiary of any assets valued at five hundred dollars or more, for any reason, by the dependent person, the dependent person's family, or the dependent person's estate; and (d) does not commit or attempt to commit any other crime against the dependent person or the dependent person's estate.
(8) "Parent" has its ordinary meaning and also includes a guardian and the authorized agent of a parent or guardian.
[ 2020 c 18 s 7; 2006 c 228 s 1; 1997 c 392 s 508; 1996 c 302 s 1; 1986 c 250 s 1.]
Notes:
Reviser's note: *(1) RCW 74.34.020 was amended by 2020 c 312 s 735, changing subsection (22) to subsection (21).
(2) The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).
Explanatory statement—2020 c 18: See note following RCW 43.79A.040.
Short title—Findings—Construction—Conflict with federal requirements—Part headings and captions not law—1997 c 392: See notes following RCW 74.39A.009.
Severability—1996 c 302: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1996 c 302 s 7.]

catchline: Definitions.


title: RCW 9A.42.020

text:
(1) A parent of a child, the person entrusted with the physical custody of a child or dependent person, a person who has assumed the responsibility to provide to a dependent person the basic necessities of life, or a person employed to provide to the child or dependent person the basic necessities of life is guilty of criminal mistreatment in the first degree if he or she with criminal negligence, as defined in RCW 9A.08.010, causes great bodily harm to a child or dependent person by withholding any of the basic necessities of life.
(2) Criminal mistreatment in the first degree is a class B felony.
[ 2017 c 266 s 2; 2006 c 228 s 2; 1997 c 392 s 510; 1986 c 250 s 2.]
Notes:
Finding—Intent—2017 c 266: "The legislature finds that seniors and people with disabilities face a growing threat of financial exploitation and physical neglect. The legislature intends with this act to hold accountable those perpetrators who commit theft and physical neglect of seniors and people with disabilities by increasing penalties, reducing barriers to prosecution, and expanding the scope of protection for vulnerable persons." [ 2017 c 266 s 1.]
Short title—Findings—Construction—Conflict with federal requirements—Part headings and captions not law—1997 c 392: See notes following RCW 74.39A.009.

catchline: Criminal mistreatment in the first degree.


title: RCW 9A.42.030

text:
(1) A parent of a child, the person entrusted with the physical custody of a child or dependent person, a person who has assumed the responsibility to provide to a dependent person the basic necessities of life, or a person employed to provide to the child or dependent person the basic necessities of life is guilty of criminal mistreatment in the second degree if he or she with criminal negligence, as defined in RCW 9A.08.010, either (a) creates an imminent and substantial risk of death or great bodily harm by withholding any of the basic necessities of life, or (b) causes substantial bodily harm by withholding any of the basic necessities of life.
(2) Criminal mistreatment in the second degree is a class C felony.
[ 2017 c 266 s 3; 2006 c 228 s 3; 1997 c 392 s 511; 1986 c 250 s 3.]
Notes:
Finding—Intent—2017 c 266: See note following RCW 9A.42.020.
Short title—Findings—Construction—Conflict with federal requirements—Part headings and captions not law—1997 c 392: See notes following RCW 74.39A.009.

catchline: Criminal mistreatment in the second degree.


title: RCW 9A.42.035

text:
(1) A person is guilty of the crime of criminal mistreatment in the third degree if the person is the parent of a child, is a person entrusted with the physical custody of a child or other dependent person, is a person who has assumed the responsibility to provide to a dependent person the basic necessities of life, or is a person employed to provide to the child or dependent person the basic necessities of life and, with criminal negligence, creates an imminent and substantial risk of substantial bodily harm to a child or dependent person by withholding any of the basic necessities of life.
(2) For purposes of this section, "a person who has assumed the responsibility to provide to a dependent person the basic necessities of life" means a person other than: (a) A government agency that regularly provides assistance or services to dependent persons, including but not limited to the department of social and health services; or (b) a good samaritan as defined in RCW 9A.42.010.
(3) Criminal mistreatment in the third degree is a gross misdemeanor.
[ 2017 c 266 s 4; 2006 c 228 s 4; 2000 c 76 s 1.]
Notes:
Finding—Intent—2017 c 266: See note following RCW 9A.42.020.

catchline: Criminal mistreatment in the third degree.


title: RCW 9A.42.037

text:
(1) A person is guilty of the crime of criminal mistreatment in the fourth degree if the person is the parent of a child, is a person entrusted with the physical custody of a child or other dependent person, is a person who has assumed the responsibility to provide to a dependent person the basic necessities of life, or is a person employed to provide to the child or dependent person the basic necessities of life, and either:
(a) With criminal negligence, creates an imminent and substantial risk of bodily injury to a child or dependent person by withholding any of the basic necessities of life; or
(b) With criminal negligence, causes bodily injury or extreme emotional distress manifested by more than transient physical symptoms to a child or dependent person by withholding the basic necessities of life.
(2) For purposes of this section, "a person who has assumed the responsibility to provide to a dependent person the basic necessities of life" means a person other than: (a) A government agency that regularly provides assistance or services to dependent persons, including but not limited to the department of social and health services; or (b) a good samaritan as defined in RCW 9A.42.010.
(3) Criminal mistreatment in the fourth degree is a misdemeanor.
[ 2006 c 228 s 5; 2002 c 219 s 2.]
Notes:
Intent—Finding—2002 c 219: "The legislature recognizes that responses by the department of social and health services and public safety agencies have varied between jurisdictions when allegations of withholding of the basic necessities of life are made. The legislature intends to improve the capacity of the department of social and health services and public safety agencies to respond to situations where the basic necessities of life are withheld by allowing an earlier intervention in such cases. The legislature finds that improved coordination between the department of social and health services and public safety agencies at an earlier point will lead to better treatment of children and families and will reduce the likelihood of serious harm." [ 2002 c 219 s 1.]

catchline: Criminal mistreatment in the fourth degree.


title: RCW 9A.42.039

text:
(1) When a law enforcement officer arrests a person for criminal mistreatment of a child, the officer must notify child protective services.
(2) When a law enforcement officer arrests a person for criminal mistreatment of a dependent person other than a child, the officer must notify adult protective services.
[ 2002 c 219 s 5.]
Notes:
Intent—Finding—2002 c 219: See note following RCW 9A.42.037.

catchline: Arresting officer, notification by.


title: RCW 9A.42.040

text:
RCW 9A.42.020, 9A.42.030, 9A.42.035, and 9A.42.037 do not apply to decisions to withdraw life support systems made in accordance with chapter 7.70 or 70.122 RCW by the dependent person, his or her legal surrogate, or others with a legal duty to care for the dependent person.
[ 2002 c 219 s 3; 2000 c 76 s 2; 1986 c 250 s 4.]
Notes:
Intent—Finding—2002 c 219: See note following RCW 9A.42.037.

catchline: Withdrawal of life support systems.


title: RCW 9A.42.045

text:
RCW 9A.42.020, 9A.42.030, 9A.42.035, and 9A.42.037 do not apply when a terminally ill or permanently unconscious person or his or her legal surrogate, as set forth in chapter 7.70 RCW, requests, and the person receives, palliative care from a licensed home health agency, hospice agency, nursing home, or hospital providing care under the medical direction of a physician. As used in this section, the terms "terminally ill" and "permanently unconscious" have the same meaning as "terminal condition" and "permanent unconscious condition" in chapter 70.122 RCW.
[ 2002 c 219 s 4; 2000 c 76 s 3; 1997 c 392 s 512.]
Notes:
Intent—Finding—2002 c 219: See note following RCW 9A.42.037.
Short title—Findings—Construction—Conflict with federal requirements—Part headings and captions not law—1997 c 392: See notes following RCW 74.39A.009.

catchline: Palliative care.


title: RCW 9A.42.050

text:
In any prosecution for criminal mistreatment, it shall be a defense that the withholding of the basic necessities of life is due to financial inability only if the person charged has made a reasonable effort to obtain adequate assistance. This defense is available to a person employed to provide the basic necessities of life only when the agreed-upon payment has not been made.
[ 1997 c 392 s 509; 1986 c 250 s 5.]
Notes:
Short title—Findings—Construction—Conflict with federal requirements—Part headings and captions not law—1997 c 392: See notes following RCW 74.39A.009.

catchline: Defense of financial inability.


title: RCW 9A.42.060

text:
(1) Except as provided in subsection (2) of this section, a person is guilty of the crime of abandonment of a dependent person in the first degree if:
(a) The person is the parent of a child, a person entrusted with the physical custody of a child or other dependent person, a person who has assumed the responsibility to provide to a dependent person the basic necessities of life, or a person employed to provide to the child or other dependent person any of the basic necessities of life;
(b) The person recklessly abandons the child or other dependent person; and
(c) As a result of being abandoned, the child or other dependent person suffers great bodily harm.
(2) A parent of a newborn who transfers the newborn to a qualified person at an appropriate location pursuant to RCW 13.34.360 is not subject to criminal liability under this section.
(3) Abandonment of a dependent person in the first degree is a class B felony.
[ 2006 c 228 s 6; 2002 c 331 s 3; 1996 c 302 s 2.]
Notes:
Intent—Effective date—2002 c 331: See notes following RCW 13.34.360.
Severability—1996 c 302: See note following RCW 9A.42.010.

catchline: Abandonment of a dependent person in the first degree—Exception.


title: RCW 9A.42.070

text:
(1) Except as provided in subsection (2) of this section, a person is guilty of the crime of abandonment of a dependent person in the second degree if:
(a) The person is the parent of a child, a person entrusted with the physical custody of a child or other dependent person, a person who has assumed the responsibility to provide to a dependent person the basic necessities of life, or a person employed to provide to the child or other dependent person any of the basic necessities of life; and
(b) The person recklessly abandons the child or other dependent person; and:
(i) As a result of being abandoned, the child or other dependent person suffers substantial bodily harm; or
(ii) Abandoning the child or other dependent person creates an imminent and substantial risk that the child or other dependent person will die or suffer great bodily harm.
(2) A parent of a newborn who transfers the newborn to a qualified person at an appropriate location pursuant to RCW 13.34.360 is not subject to criminal liability under this section.
(3) Abandonment of a dependent person in the second degree is a class C felony.
[ 2006 c 228 s 7; 2002 c 331 s 4; 1996 c 302 s 3.]
Notes:
Intent—Effective date—2002 c 331: See notes following RCW 13.34.360.
Severability—1996 c 302: See note following RCW 9A.42.010.

catchline: Abandonment of a dependent person in the second degree—Exception.


title: RCW 9A.42.080

text:
(1) Except as provided in subsection (2) of this section, a person is guilty of the crime of abandonment of a dependent person in the third degree if:
(a) The person is the parent of a child, a person entrusted with the physical custody of a child or other dependent person, a person who has assumed the responsibility to provide to a dependent person the basic necessities of life, or a person employed to provide to the child or dependent person any of the basic necessities of life; and
(b) The person recklessly abandons the child or other dependent person; and:
(i) As a result of being abandoned, the child or other dependent person suffers bodily harm; or
(ii) Abandoning the child or other dependent person creates an imminent and substantial risk that the child or other person will suffer substantial bodily harm.
(2) A parent of a newborn who transfers the newborn to a qualified person at an appropriate location pursuant to RCW 13.34.360 is not subject to criminal liability under this section.
(3) Abandonment of a dependent person in the third degree is a gross misdemeanor.
[ 2006 c 228 s 8; 2002 c 331 s 5; 1996 c 302 s 4.]
Notes:
Intent—Effective date—2002 c 331: See notes following RCW 13.34.360.
Severability—1996 c 302: See note following RCW 9A.42.010.

catchline: Abandonment of a dependent person in the third degree—Exception.


title: RCW 9A.42.090

text:
It is an affirmative defense to the charge of abandonment of a dependent person, that the person employed to provide any of the basic necessities of life to the child or other dependent person, gave reasonable notice of termination of services and the services were not terminated until after the termination date specified in the notice. The notice must be given to the child or dependent person, and to other persons or organizations that have requested notice of termination of services furnished to the child or other dependent person.
The department of social and health services and the department of health shall adopt rules establishing procedures for termination of services to children and other dependent persons.
[ 1996 c 302 s 5.]
Notes:
Severability—1996 c 302: See note following RCW 9A.42.010.

catchline: Abandonment of a dependent person—Defense.


title: RCW 9A.42.100

text:
A person is guilty of the crime of endangerment with a controlled substance if the person knowingly or intentionally permits a dependent child or dependent adult to be exposed to, ingest, inhale, or have contact with methamphetamine or ephedrine, pseudoephedrine, or anhydrous ammonia, including their salts, isomers, and salts of isomers, that are being used in the manufacture of methamphetamine, including its salts, isomers, and salts of isomers. Endangerment with a controlled substance is a class B felony.
[ 2005 c 218 s 4; 2002 c 229 s 1.]
Notes:
Effective date—2002 c 229: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 28, 2002]." [ 2002 c 229 s 4.]

catchline: Endangerment with a controlled substance.


title: RCW 9A.42.110

text:
(1) A person is guilty of the crime of leaving a child in the care of a sex offender if the person is (a) the parent of a child; (b) entrusted with the physical custody of a child; or (c) employed to provide to the child the basic necessities of life, and leaves the child in the care or custody of another person who is not a parent, guardian, or lawful custodian of the child, knowing that the person is registered or required to register as a sex offender under the laws of this state, or a law or ordinance in another jurisdiction with similar requirements, because of a sex offense against a child.
(2) It is an affirmative defense to the charge of leaving a child in the care of a sex offender under this section, that the defendant must prove by a preponderance of the evidence, that a court has entered an order allowing the offender to have unsupervised contact with children, or that the offender is allowed to have unsupervised contact with the child in question under a family reunification plan, which has been approved by a court, the department of corrections, or the department of social and health services in accordance with department policies.
(3) Leaving a child in the care of a sex offender is a misdemeanor.
[ 2002 c 170 s 1.]

catchline: Leaving a child in the care of a sex offender.


title: RCW 9A.44.010

text:
As used in this chapter:
(1) "Abuse of a supervisory position" means:
(a) To use a direct or indirect threat or promise to exercise authority to the detriment or benefit of a minor; or
(b) To exploit a significant relationship in order to obtain the consent of a minor.
(2) "Consent" means that at the time of the act of sexual intercourse or sexual contact there are actual words or conduct indicating freely given agreement to have sexual intercourse or sexual contact.
(3) "Forcible compulsion" means physical force which overcomes resistance, or a threat, express or implied, that places a person in fear of death or physical injury to herself or himself or another person, or in fear that she or he or another person will be kidnapped.
(4) "Frail elder or vulnerable adult" means a person sixty years of age or older who has the functional, mental, or physical inability to care for himself or herself. "Frail elder or vulnerable adult" also includes a person who has been placed under a guardianship under RCW 11.130.265 or a conservatorship under RCW 11.130.360, a person over eighteen years of age who has a developmental disability under chapter 71A.10 RCW, a person admitted to a long-term care facility that is licensed or required to be licensed under chapter 18.20, 18.51, 72.36, or 70.128 RCW, and a person receiving services from a home health, hospice, or home care agency licensed or required to be licensed under chapter 70.127 RCW.
(5) "Health care provider" for purposes of RCW 9A.44.050 and 9A.44.100 means a person who is, holds himself or herself out to be, or provides services as if he or she were: (a) A member of a health care profession under chapter 18.130 RCW; or (b) registered under chapter 18.19 RCW or licensed under chapter 18.225 RCW, regardless of whether the health care provider is licensed, certified, or registered by the state.
(6) "Married" means one who is legally married to another, but does not include a person who is living separate and apart from his or her spouse and who has filed in an appropriate court for legal separation or for dissolution of his or her marriage.
(7) "Mental incapacity" is that condition existing at the time of the offense which prevents a person from understanding the nature or consequences of the act of sexual intercourse whether that condition is produced by illness, defect, the influence of a substance or from some other cause.
(8) "Person with a developmental disability," for purposes of RCW 9A.44.050(1)(c) and 9A.44.100(1)(c), means a person with a developmental disability as defined in RCW 71A.10.020.
(9) "Person with a mental disorder" for the purposes of RCW 9A.44.050(1)(e) and 9A.44.100(1)(e) means a person with a "mental disorder" as defined in RCW 71.05.020.
(10) "Person with a substance use disorder" for purposes of RCW 9A.44.050(1)(e) and 9A.44.100(1)(e) means a person with a "substance use disorder" as defined in RCW 71.05.020.
(11) "Person with supervisory authority," for purposes of RCW 9A.44.050(1) (c) or (e) and 9A.44.100(1) (c) or (e), means any proprietor or employee of any public or private care or treatment facility who directly supervises developmentally disabled, mentally disordered, or chemically dependent persons at the facility.
(12) "Physically helpless" means a person who is unconscious or for any other reason is physically unable to communicate unwillingness to an act.
(13) "Sexual contact" means any touching of the sexual or other intimate parts of a person done for the purpose of gratifying sexual desire of either party or a third party.
(14) "Sexual intercourse" (a) has its ordinary meaning and occurs upon any penetration, however slight, and
(b) Also means any penetration of the vagina or anus however slight, by an object, when committed on one person by another, whether such persons are of the same or opposite sex, except when such penetration is accomplished for medically recognized treatment or diagnostic purposes, and
(c) Also means any act of sexual contact between persons involving the sex organs of one person and the mouth or anus of another whether such persons are of the same or opposite sex.
(15) "Significant relationship" means a situation in which the perpetrator is:
(a) A person who undertakes the responsibility, professionally or voluntarily, to provide education, health, welfare, or organized recreational activities principally for minors;
(b) A person who in the course of his or her employment supervises minors; or
(c) A person who provides welfare, health or residential assistance, personal care, or organized recreational activities to frail elders or vulnerable adults, including a provider, employee, temporary employee, volunteer, or independent contractor who supplies services to long-term care facilities licensed or required to be licensed under chapter 18.20, 18.51, 72.36, or 70.128 RCW, and home health, hospice, or home care agencies licensed or required to be licensed under chapter 70.127 RCW, but not including a consensual sexual partner.
(16) "Treatment" for purposes of RCW 9A.44.050 and 9A.44.100 means the active delivery of professional services by a health care provider which the health care provider holds himself or herself out to be qualified to provide.
[ 2023 c 470 s 3007. Prior: 2020 c 312 s 707; 2007 c 20 s 3; 2005 c 262 s 1; 2001 c 251 s 28; prior: 1997 c 392 s 513; 1997 c 112 s 37; 1994 c 271 s 302; 1993 c 477 s 1; 1988 c 146 s 3; 1988 c 145 s 1; 1981 c 123 s 1; 1975 1st ex.s. c 14 s 1. Formerly RCW 9.79.140.]
Notes:
Reviser's note: The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).
Explanatory statement—2023 c 470: See note following RCW 10.99.030.
Effective dates—2020 c 312: See note following RCW 11.130.915.
Effective date—2007 c 20: See note following RCW 9A.44.050.
Severability—2001 c 251: See RCW 18.225.900.
Short title—Findings—Construction—Conflict with federal requirements—Part headings and captions not law—1997 c 392: See notes following RCW 74.39A.009.
Intent—1994 c 271: "The legislature hereby reaffirms its desire to protect the children of Washington from sexual abuse and further reaffirms its condemnation of child sexual abuse that takes the form of causing one child to engage in sexual contact with another child for the sexual gratification of the one causing such activities to take place." [ 1994 c 271 s 301.]
Purpose—Severability—1994 c 271: See notes following RCW 9A.28.020.
Severability—Effective dates—1988 c 146: See notes following RCW 9A.44.050.
Effective date—1988 c 145: "This act shall take effect July 1, 1988." [ 1988 c 145 s 26.]
Savings—Application—1988 c 145: "This act shall not have the effect of terminating or in any way modifying any liability, civil or criminal, which is already in existence on July 1, 1988, and shall apply only to offenses committed on or after July 1, 1988." [ 1988 c 145 s 25.]


title: RCW 9A.44.020

text:
(1) In order to convict a person of any crime defined in this chapter it shall not be necessary that the testimony of the alleged victim be corroborated.
(2) Evidence of the victim's past sexual behavior including but not limited to the victim's marital history; divorce history; general reputation for promiscuity, nonchastity, or sexual mores contrary to community standards; or, unless it is related to the alleged offense, social media account, including any text, image, video, or picture, which depict sexual content, sexual history, nudity or partial nudity, intimate sexual activity, communications about sexual activity, communications about sex, sexual fantasies, and other information that appeals to a prurient interest is inadmissible on the issue of credibility and is inadmissible to prove the victim's consent except as provided in subsection (3) of this section, but when the perpetrator and the victim have engaged in sexual intercourse with each other in the past, and when the past behavior is material to the issue of consent, evidence concerning the past behavior between the perpetrator and the victim may be admissible on the issue of consent to the offense.
(3) In any prosecution for the crime of rape, trafficking pursuant to RCW 9A.40.100, or any of the offenses in chapter 9.68A RCW, or for an attempt to commit, or an assault with an intent to commit any such crime evidence of the victim's past sexual behavior including but not limited to the victim's marital behavior; divorce history; general reputation for promiscuity, nonchastity, or sexual mores contrary to community standards; or, unless it is related to the alleged offense, social media account, including any text, image, video, or picture, which depict sexual content, sexual history, nudity or partial nudity, intimate sexual activity, communications about sexual activity, communications about sex, sexual fantasies, and other information that appeals to a prurient interest is not admissible if offered to attack the credibility of the victim and is admissible on the issue of consent, except where prohibited in the underlying criminal offense, only pursuant to the following procedure:
(a) A written pretrial motion shall be made in advance of the trial date by the defendant to the court and prosecutor stating that the defense has an offer of proof of the relevancy of evidence of the past sexual behavior of the victim proposed to be presented and its relevancy on the issue of the consent of the victim.
(b) The written motion shall be accompanied by an affidavit or affidavits in which the offer of proof shall be stated.
(c) If the court finds that the offer of proof is sufficient, the court shall order a hearing out of the presence of the jury before the jury is empaneled, if any, and the hearing shall be closed except to the necessary witnesses, the defendant, counsel, and those who have a direct interest in the case or in the work of the court.
(d) At the conclusion of the hearing, if the court finds that the evidence proposed to be offered by the defendant regarding the past sexual behavior of the victim is relevant to the issue of the victim's consent; is not inadmissible because its probative value is substantially outweighed by the probability that its admission will create a substantial danger of undue prejudice; and that its exclusion would result in denial of substantial justice to the defendant; the court shall make an order stating what evidence may be introduced by the defendant, which order may include the nature of the questions to be permitted. The defendant may then offer evidence pursuant to the order of the court.
(e) The victim, the victim's attorney, or a lawful representative of the victim may assert and seek enforcement of the procedures under this section.
(4) Nothing in this section shall be construed to prohibit cross-examination of the victim on the issue of past sexual behavior when the prosecution presents evidence in its case in chief tending to prove the nature of the victim's past sexual behavior, but the court may require a hearing pursuant to subsection (3) of this section concerning such evidence.
[ 2024 c 297 s 12; 2023 c 197 s 10; 2013 c 302 s 7; 1975 1st ex.s. c 14 s 2. Formerly RCW 9.79.150.]
Notes:
Effective date—2024 c 297: See note following RCW 7.68.127.
Effective date—2013 c 302: See note following RCW 9.68A.090.


title: RCW 9A.44.025

text:
(1) In a criminal proceeding, a depiction of a victim's genitals that was created during a sexual assault medical forensic examination, regardless of its format:
(a) Shall not be shown in open judicial proceedings; and
(b) Must be filed as a confidential document within the court file.
(2) An expert witness in a criminal proceeding may inspect, view, examine, and provide testimony on a depiction of a victim's genitals that was created during a sexual assault medical forensic examination.
(3) All depictions of a victim that was created during a sexual assault medical forensic examination must be filed as a confidential document within the court file.
[ 2024 c 297 s 14.]
Notes:
Effective date—2024 c 297: See note following RCW 7.68.127.

catchline: Depictions of victim created during forensic examination—Confidentiality.


title: RCW 9A.44.026

text:
(1) Whenever a depiction of a victim or a victim's genitals that was created during a sexual assault medical forensic examination, regardless of its format, is marked as an exhibit in a criminal proceeding, the prosecutor shall seek an order sealing the exhibit at the close of the trial. Any exhibits sealed under this section shall be sealed with evidence tape in a manner that prevents access to, or viewing of, the depiction of a victim or a victim's genitals that was created during a sexual assault medical forensic examination and shall be labeled so as to identify its contents. Anyone seeking to view such an exhibit must obtain permission from the superior court after providing at least 10 days' notice to the prosecuting attorney. Appellate attorneys for the defendant and the state shall be given access to the exhibit, which must remain in the care and custody of either a law enforcement agency or the court. Any other person moving to view such an exhibit must demonstrate to the court that the person's reason for viewing the exhibit is of sufficient importance to justify another violation of the victim's privacy.
(2) Whenever the clerk of the court receives an exhibit of a depiction of a victim or a victim's genitals that was created during a sexual assault medical forensic examination, the clerk shall store the exhibit in a secure location, such as a safe. The clerk may arrange for the transfer of such exhibits to a law enforcement agency evidence room for safekeeping provided the agency agrees not to destroy or dispose of the exhibits without an order of the court.
(3) If the criminal proceeding ends in a conviction, the clerk of the court shall destroy any exhibit containing a depiction of a victim or a victim's genitals that was created during a sexual assault medical forensic examination five years after the judgment is final, as determined by the provisions of RCW 10.73.090(3). Before any destruction, the clerk shall contact the prosecuting attorney and verify that there is no collateral attack on the judgment pending in any court. If the criminal proceeding ends in a mistrial, the clerk shall either maintain the exhibit or return it to the law enforcement agency that investigated the criminal charges for safekeeping until the matter is set for retrial. If the criminal proceeding ends in an acquittal, the clerk shall return the exhibit to the law enforcement agency that investigated the criminal charges for either safekeeping or destruction.
[ 2024 c 297 s 15.]
Notes:
Effective date—2024 c 297: See note following RCW 7.68.127.

catchline: Depiction of victim created during forensic examination—Sealing and destruction of exhibit.


title: RCW 9A.44.030

text:
(1) In any prosecution under this chapter in which lack of consent is based solely upon the victim's mental incapacity or upon the victim's being physically helpless, it is a defense which the defendant must prove by a preponderance of the evidence that at the time of the offense the defendant reasonably believed that the victim was not mentally incapacitated and/or physically helpless.
(2) In any prosecution under this chapter in which the offense or degree of the offense depends on the victim's age, it is no defense that the perpetrator did not know the victim's age, or that the perpetrator believed the victim to be older, as the case may be: PROVIDED, That it is a defense which the defendant must prove by a preponderance of the evidence that at the time of the offense the defendant reasonably believed the alleged victim to be the age identified in subsection (3) of this section based upon declarations as to age by the alleged victim.
(3) The defense afforded by subsection (2) of this section requires that for the following defendants, the reasonable belief be as indicated:
(a) For a defendant charged with rape of a child in the first degree, that the victim was at least twelve, or was less than twenty-four months younger than the defendant;
(b) For a defendant charged with rape of a child in the second degree, that the victim was at least fourteen, or was less than thirty-six months younger than the defendant;
(c) For a defendant charged with rape of a child in the third degree, that the victim was at least sixteen, or was less than forty-eight months younger than the defendant;
(d) For a defendant charged with sexual misconduct with a minor in the first degree, that the victim was at least eighteen, or was less than sixty months younger than the defendant;
(e) For a defendant charged with child molestation in the first degree, that the victim was at least twelve, or was less than thirty-six months younger than the defendant;
(f) For a defendant charged with child molestation in the second degree, that the victim was at least fourteen, or was less than thirty-six months younger than the defendant;
(g) For a defendant charged with child molestation in the third degree, that the victim was at least sixteen, or was less than thirty-six months younger than the defendant;
(h) For a defendant charged with sexual misconduct with a minor in the second degree, that the victim was at least eighteen, or was less than sixty months younger than the defendant.
[ 1988 c 145 s 20; 1975 1st ex.s. c 14 s 3. Formerly RCW 9.79.160.]
Notes:
Effective date—Savings—Application—1988 c 145: See notes following RCW 9A.44.010.

catchline: Defenses to prosecution under this chapter.


title: RCW 9A.44.040

text:
(1) A person is guilty of rape in the first degree when such person engages in sexual intercourse with another person:
(a) By forcible compulsion where the perpetrator or an accessory:
(i) Uses or threatens to use a deadly weapon or what appears to be a deadly weapon; or
(ii) Kidnaps the victim; or
(iii) Inflicts serious physical injury, including but not limited to physical injury which renders the victim unconscious; or
(iv) Feloniously enters into the building or vehicle where the victim is situated, or where the sexual intercourse occurs; or
(b) After the perpetrator or an accessory knowingly furnishes the victim with a legend drug, controlled substance, or controlled substance analog without the victim's knowledge and consent which renders the victim incapable of consent to sexual intercourse due to physical helplessness or mental incapacitation.
(2) Rape in the first degree is a class A felony.
(3) For purposes of this section:
(a) "Legend drug" has the same meaning as "legend drugs" as defined in RCW 69.41.010.
(b) "Controlled substance" has the same meaning as defined in RCW 69.50.101.
(c) "Controlled substance analog" has the same meaning as defined in RCW 69.50.101.
[ 2024 c 297 s 13; 1998 c 242 s 1. Prior: 1983 c 118 s 1; 1983 c 73 s 1; 1982 c 192 s 11; 1982 c 10 s 3; prior: (1) 1981 c 137 s 36; 1979 ex.s. c 244 s 1; 1975 1st ex.s. c 247 s 1; 1975 1st ex.s. c 14 s 4. (2) 1981 c 136 s 57 repealed by 1982 c 10 s 18. Formerly RCW 9.79.170.]
Notes:
Effective date—2024 c 297: See note following RCW 7.68.127.
Severability—1983 c 73: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1983 c 73 s 2.]
Severability—1982 c 10: See note following RCW 6.13.080.
Effective date—1981 c 136: See RCW 72.09.900.

catchline: Rape in the first degree.


title: RCW 9A.44.045

text:
No person convicted of rape in the first degree shall be granted a deferred or suspended sentence except for the purpose of commitment to an inpatient treatment facility: PROVIDED, That every person convicted of rape in the first degree shall be confined for a minimum of three years: PROVIDED FURTHER, That the *board of prison terms and paroles shall have authority to set a period of confinement greater than three years but shall never reduce the minimum three-year period of confinement; nor shall the board release the convicted person during the first three years of confinement as a result of any type of good time calculation; nor shall the department of corrections permit the convicted person to participate in any work release program or furlough program during the first three years of confinement. This section applies only to offenses committed prior to July 1, 1984.
[ 1982 c 192 s 12.]
Notes:
*Reviser's note: The "board of prison terms and paroles" was redesignated the "indeterminate sentence review board" by 1986 c 224, effective July 1, 1986.

catchline: First degree rape—Penalties.


title: RCW 9A.44.050

text:
(1) A person is guilty of rape in the second degree when, under circumstances not constituting rape in the first degree, the person engages in sexual intercourse with another person:
(a) By forcible compulsion;
(b) When the victim is incapable of consent by reason of being physically helpless or mentally incapacitated;
(c) When the victim is a person with a developmental disability and the perpetrator is a person who:
(i) Has supervisory authority over the victim; or
(ii) Was providing transportation, within the course of his or her employment, to the victim at the time of the offense;
(d) When the perpetrator is a health care provider, the victim is a client or patient, and the sexual intercourse occurs during a treatment session, consultation, interview, or examination. It is an affirmative defense that the defendant must prove by a preponderance of the evidence that the client or patient consented to the sexual intercourse with the knowledge that the sexual intercourse was not for the purpose of treatment;
(e) When the victim is a resident of a facility for persons with a mental disorder or substance use disorder and the perpetrator is a person who has supervisory authority over the victim; or
(f) When the victim is a frail elder or vulnerable adult and the perpetrator is a person who:
(i) Has a significant relationship with the victim; or
(ii) Was providing transportation, within the course of his or her employment, to the victim at the time of the offense.
(2) Rape in the second degree is a class A felony.
[ 2023 c 470 s 3008; 2021 c 142 s 1; 2007 c 20 s 1; 1997 c 392 s 514; 1993 c 477 s 2; 1990 c 3 s 901; 1988 c 146 s 1; 1983 c 118 s 2; 1979 ex.s. c 244 s 2; 1975 1st ex.s. c 14 s 5. Formerly RCW 9.79.180.]
Notes:
Explanatory statement—2023 c 470: See note following RCW 10.99.030.
Effective date—2021 c 142: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [April 26, 2021]." [ 2021 c 142 s 11.]
Effective date—2007 c 20: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [April 10, 2007]." [ 2007 c 20 s 4.]
Short title—Findings—Construction—Conflict with federal requirements—Part headings and captions not law—1997 c 392: See notes following RCW 74.39A.009.
Severability—1988 c 146: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1988 c 146 s 5.]
Effective dates—1988 c 146: "Section 4 of this act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect immediately [March 21, 1988]. The remainder of this act shall take effect July 1, 1988." [ 1988 c 146 s 6.]

catchline: Rape in the second degree.


title: RCW 9A.44.060

text:
(1) A person is guilty of rape in the third degree when, under circumstances not constituting rape in the first or second degrees, such person engages in sexual intercourse with another person:
(a) Where the victim did not consent as defined in *RCW 9A.44.010(7), to sexual intercourse with the perpetrator; or
(b) Where there is threat of substantial unlawful harm to property rights of the victim.
(2) Rape in the third degree is a class C felony.
[ 2019 c 87 s 3; 2013 c 94 s 1; 1999 c 143 s 34; 1979 ex.s. c 244 s 3; 1975 1st ex.s. c 14 s 6. Formerly RCW 9.79.190.]
Notes:
*Reviser's note: RCW 9A.44.010 was alphabetized pursuant to RCW 1.08.015(2)(k), changing subsection (7) to subsection (2), effective January 1, 2022.
Declaration—2019 c 87: See note following RCW 9A.04.080.

catchline: Rape in the third degree.


title: RCW 9A.44.073

text:
(1) A person is guilty of rape of a child in the first degree when the person has sexual intercourse with another who is less than twelve years old and the perpetrator is at least twenty-four months older than the victim.
(2) Rape of a child in the first degree is a class A felony.
[ 2021 c 142 s 2; 1988 c 145 s 2.]
Notes:
Effective date—2021 c 142: See note following RCW 9A.44.050.
Effective date—Savings—Application—1988 c 145: See notes following RCW 9A.44.010.

catchline: Rape of a child in the first degree.


title: RCW 9A.44.076

text:
(1) A person is guilty of rape of a child in the second degree when the person has sexual intercourse with another who is at least twelve years old but less than fourteen years old and the perpetrator is at least thirty-six months older than the victim.
(2) Rape of a child in the second degree is a class A felony.
[ 2021 c 142 s 3; 1990 c 3 s 903; 1988 c 145 s 3.]
Notes:
Effective date—2021 c 142: See note following RCW 9A.44.050.
Effective date—Savings—Application—1988 c 145: See notes following RCW 9A.44.010.

catchline: Rape of a child in the second degree.


title: RCW 9A.44.079

text:
(1) A person is guilty of rape of a child in the third degree when the person has sexual intercourse with another who is at least fourteen years old but less than sixteen years old and the perpetrator is at least forty-eight months older than the victim.
(2) Rape of a child in the third degree is a class C felony.
[ 2021 c 142 s 4; 1988 c 145 s 4.]
Notes:
Effective date—2021 c 142: See note following RCW 9A.44.050.
Effective date—Savings—Application—1988 c 145: See notes following RCW 9A.44.010.

catchline: Rape of a child in the third degree.


title: RCW 9A.44.083

text:
(1) A person is guilty of child molestation in the first degree when the person has, or knowingly causes another person under the age of eighteen to have, sexual contact with another who is less than twelve years old and the perpetrator is at least thirty-six months older than the victim.
(2) Child molestation in the first degree is a class A felony.
[ 2021 c 142 s 5; 1994 c 271 s 303; 1990 c 3 s 902; 1988 c 145 s 5.]
Notes:
Effective date—2021 c 142: See note following RCW 9A.44.050.
Intent—1994 c 271: See note following RCW 9A.44.010.
Purpose—Severability—1994 c 271: See notes following RCW 9A.28.020.
Effective date—Savings—Application—1988 c 145: See notes following RCW 9A.44.010.

catchline: Child molestation in the first degree.


title: RCW 9A.44.086

text:
(1) A person is guilty of child molestation in the second degree when the person has, or knowingly causes another person under the age of eighteen to have, sexual contact with another who is at least twelve years old but less than fourteen years old and the perpetrator is at least thirty-six months older than the victim.
(2) Child molestation in the second degree is a class B felony.
[ 2021 c 142 s 6; 1994 c 271 s 304; 1988 c 145 s 6.]
Notes:
Effective date—2021 c 142: See note following RCW 9A.44.050.
Intent—1994 c 271: See note following RCW 9A.44.010.
Purpose—Severability—1994 c 271: See notes following RCW 9A.28.020.
Effective date—Savings—Application—1988 c 145: See notes following RCW 9A.44.010.

catchline: Child molestation in the second degree.


title: RCW 9A.44.089

text:
(1) A person is guilty of child molestation in the third degree when the person has, or knowingly causes another person under the age of eighteen to have, sexual contact with another who is at least fourteen years old but less than sixteen years old and the perpetrator is at least forty-eight months older than the victim.
(2) Child molestation in the third degree is a class C felony.
[ 2021 c 142 s 7; 1994 c 271 s 305; 1988 c 145 s 7.]
Notes:
Effective date—2021 c 142: See note following RCW 9A.44.050.
Intent—1994 c 271: See note following RCW 9A.44.010.
Purpose—Severability—1994 c 271: See notes following RCW 9A.28.020.
Effective date—Savings—Application—1988 c 145: See notes following RCW 9A.44.010.

catchline: Child molestation in the third degree.


title: RCW 9A.44.093

text:
(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, 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; (b) the person is a school employee who has, or knowingly causes another person under the age of eighteen to have, sexual intercourse with an enrolled student of the school who is at least sixteen years old and not more than twenty-one years old, if the employee is at least sixty months older than the student; or (c) the person is a foster parent who has, or knowingly causes another person under the age of eighteen to have, sexual intercourse with his or her foster child who is at least sixteen.
(2) Sexual misconduct with a minor in the first degree is a class C felony.
(3) For the purposes of this section:
(a) "Enrolled student" means any student enrolled at or attending a program hosted or sponsored by a common school as defined in RCW 28A.150.020, or a student enrolled at or attending a program hosted or sponsored by a private school under chapter 28A.195 RCW, or any person who receives home-based instruction under chapter 28A.200 RCW.
(b) "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.
[ 2021 c 142 s 8; 2009 c 324 s 1; 2005 c 262 s 2; 2001 2nd sp.s. c 12 s 357; 1994 c 271 s 306; 1988 c 145 s 8.]
Notes:
Effective date—2021 c 142: See note following RCW 9A.44.050.
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 ss 301-363: See note following RCW 9.94A.030.
Intent—1994 c 271: See note following RCW 9A.44.010.
Purpose—Severability—1994 c 271: See notes following RCW 9A.28.020.
Effective date—Savings—Application—1988 c 145: See notes following RCW 9A.44.010.

catchline: Sexual misconduct with a minor in the first degree.


title: RCW 9A.44.096

text:
(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, 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; (b) the person is a school employee who has, or knowingly causes another person under the age of eighteen to have, sexual contact with an enrolled student of the school who is at least sixteen years old and not more than twenty-one years old, if the employee is at least sixty months older than the student; or (c) the person is a foster parent who has, or knowingly causes another person under the age of eighteen to have, sexual contact with his or her foster child who is at least sixteen.
(2) Sexual misconduct with a minor in the second degree is a gross misdemeanor.
(3) For the purposes of this section:
(a) "Enrolled student" means any student enrolled at or attending a program hosted or sponsored by a common school as defined in RCW 28A.150.020, or a student enrolled at or attending a program hosted or sponsored by a private school under chapter 28A.195 RCW, or any person who receives home-based instruction under chapter 28A.200 RCW.
(b) "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.
[ 2021 c 142 s 9; 2009 c 324 s 2; 2005 c 262 s 3; 2001 2nd sp.s. c 12 s 358; 1994 c 271 s 307; 1988 c 145 s 9.]
Notes:
Effective date—2021 c 142: See note following RCW 9A.44.050.
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 ss 301-363: See note following RCW 9.94A.030.
Intent—1994 c 271: See note following RCW 9A.44.010.
Purpose—Severability—1994 c 271: See notes following RCW 9A.28.020.
Effective date—Savings—Application—1988 c 145: See notes following RCW 9A.44.010.

catchline: Sexual misconduct with a minor in the second degree.


title: RCW 9A.44.100

text:
(1) A person is guilty of indecent liberties when he or she knowingly causes another person to have sexual contact with him or her or another:
(a) By forcible compulsion;
(b) When the other person is incapable of consent by reason of being mentally defective, mentally incapacitated, or physically helpless;
(c) When the victim is a person with a developmental disability and the perpetrator is a person who:
(i) Has supervisory authority over the victim; or
(ii) Was providing transportation, within the course of his or her employment, to the victim at the time of the offense;
(d) When the perpetrator is a health care provider, the victim is a client or patient, and the sexual contact occurs during a treatment session, consultation, interview, or examination. It is an affirmative defense that the defendant must prove by a preponderance of the evidence that the client or patient consented to the sexual contact with the knowledge that the sexual contact was not for the purpose of treatment;
(e) When the victim is a resident of a facility for persons with a mental disorder or substance use disorder and the perpetrator is a person who has supervisory authority over the victim; or
(f) When the victim is a frail elder or vulnerable adult and the perpetrator is a person who:
(i) Has a significant relationship with the victim; or
(ii) Was providing transportation, within the course of his or her employment, to the victim at the time of the offense.
(2)(a) Except as provided in (b) of this subsection, indecent liberties is a class B felony.
(b) Indecent liberties by forcible compulsion is a class A felony.
[ 2023 c 470 s 3009; 2021 c 142 s 10; 2013 c 94 s 2; 2007 c 20 s 2; 2003 c 53 s 67; 2001 2nd sp.s. c 12 s 359; 1997 c 392 s 515; 1993 c 477 s 3; 1988 c 146 s 2; 1988 c 145 s 10; 1986 c 131 s 1; 1975 1st ex.s. c 260 s 9A.88.100. Formerly RCW 9A.88.100.]
Notes:
Explanatory statement—2023 c 470: See note following RCW 10.99.030.
Effective date—2021 c 142: See note following RCW 9A.44.050.
Effective date—2007 c 20: See note following RCW 9A.44.050.
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 ss 301-363: See note following RCW 9.94A.030.
Short title—Findings—Construction—Conflict with federal requirements—Part headings and captions not law—1997 c 392: See notes following RCW 74.39A.009.
Severability—Effective dates—1988 c 146: See notes following RCW 9A.44.050.
Effective date—Savings—Application—1988 c 145: See notes following RCW 9A.44.010.

catchline: Indecent liberties.


title: RCW 9A.44.105

text:
(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.
[ 1994 c 53 s 1.]

catchline: Sexually violating human remains.


title: RCW 9A.44.115

text:
(1) As used in this section:
(a) "Intimate areas" means any portion of a person's body or undergarments that is covered by clothing and intended to be protected from public view;
(b) "Photographs" or "films" means the making of a photograph, motion picture film, videotape, digital image, or any other recording or transmission of the image of a person;
(c) "Place where he or she would have a reasonable expectation of privacy" means:
(i) A place where a reasonable person would believe that he or she could disrobe in privacy, without being concerned that his or her undressing was being photographed or filmed by another; or
(ii) A place where one may reasonably expect to be safe from casual or hostile intrusion or surveillance;
(d) "Surveillance" means secret observation of the activities of another person for the purpose of spying upon and invading the privacy of the person;
(e) "Views" means the intentional looking upon of another person for more than a brief period of time, in other than a casual or cursory manner, with the unaided eye or with a device designed or intended to improve visual acuity.
(2)(a) A person commits the crime of voyeurism in the first degree if, for the purpose of arousing or gratifying the sexual desire of any person, he or she knowingly views, photographs, or films:
(i) Another person without that person's knowledge and consent while the person being viewed, photographed, or filmed is in a place where he or she would have a reasonable expectation of privacy; or
(ii) The intimate areas of another person without that person's knowledge and consent and under circumstances where the person has a reasonable expectation of privacy, whether in a public or private place.
(b) Voyeurism in the first degree is a class C felony.
(3)(a) A person commits the crime of voyeurism in the second degree if he or she intentionally photographs or films another person for the purpose of photographing or filming the intimate areas of that person with the intent to distribute or disseminate the photograph or film, without that person's knowledge and consent, and under circumstances where the person has a reasonable expectation of privacy, whether in a public or private place.
(b) Voyeurism in the second degree is a gross misdemeanor.
(c) Voyeurism in the second degree is not a sex offense for the purposes of sentencing or sex offender registration requirements under this chapter.
(4) This section does not apply to viewing, photographing, or filming by personnel of the department of corrections or of a local jail or correctional facility for security purposes or during investigation of alleged misconduct by a person in the custody of the department of corrections or the local jail or correctional facility.
(5) If a person is convicted of a violation of this section, the court may order the destruction of any photograph, motion picture film, digital image, videotape, or any other recording of an image that was made by the person in violation of this section.
[ 2017 c 292 s 1; 2003 c 213 s 1; 1998 c 221 s 1.]
Notes:
Effective date—2003 c 213: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 12, 2003]." [ 2003 c 213 s 2.]

catchline: Voyeurism.


title: RCW 9A.44.120

text:
(1) A statement not otherwise admissible by statute or court rule, is admissible in evidence in dependency proceedings under Title 13 RCW and criminal proceedings, including juvenile offense adjudications, in the courts of the state of Washington if:
(a)(i) It is made by a child when under the age of ten describing any act of sexual contact performed with or on the child by another, describing any attempted act of sexual contact with or on the child by another, or describing any act of physical abuse of the child by another that results in substantial bodily harm as defined by RCW 9A.04.110; or
(ii) It is made by a child when under the age of 18 describing any of the following acts or attempted acts performed with or on the child: Trafficking under RCW 9A.40.100; commercial sexual abuse of a minor under RCW 9.68A.100; promoting commercial sexual abuse of a minor under RCW 9.68A.101; or promoting travel for commercial sexual abuse of a minor under RCW 9.68A.102;
(b) The court finds, in a hearing conducted outside the presence of the jury, that the time, content, and circumstances of the statement provide sufficient indicia of reliability; and
(c) The child either:
(i) Testifies at the proceedings; or
(ii) Is unavailable as a witness, except that when the child is unavailable as a witness, such statement may be admitted only if there is corroborative evidence of the act.
(2) A statement may not be admitted under this section unless the proponent of the statement makes known to the adverse party his or her intention to offer the statement and the particulars of the statement sufficiently in advance of the proceedings to provide the adverse party with a fair opportunity to prepare to meet the statement.
[ 2024 c 298 s 17; 2019 c 90 s 1; 1995 c 76 s 1; 1991 c 169 s 1; 1985 c 404 s 1; 1982 c 129 s 2.]
Notes:
Effective date—2024 c 298: See note following RCW 9A.40.100.
Severability—1982 c 129: See note following RCW 9A.04.080.

catchline: Admissibility of child's statement—Conditions.


title: RCW 9A.44.128

text:
For the purposes of RCW 9A.44.130 through 9A.44.145, 10.01.200, 43.43.540, 70.48.470, and 72.09.330, the following definitions apply:
(1) "Adult" means a person who is 18 years of age or older on the offense date or who is convicted of and sentenced for an offense in adult court pursuant to RCW 13.04.030(1)(e)(v) or 13.40.110.
(2) "Business day" means any day other than Saturday, Sunday, or a legal local, state, or federal holiday.
(3) "Conviction" means any adult conviction or juvenile adjudication for a sex offense or kidnapping offense.
(4) "Disqualifying offense" means a conviction for: Any offense that is a felony; a sex offense as defined in this section; a crime against children or persons as defined in RCW * 43.43.830(7) and 9.94A.411(2)(a); an offense with a domestic violence designation as provided in RCW 10.99.020; permitting the commercial sexual abuse of a minor as defined in RCW 9.68A.103; or any violation of chapter 9A.88 RCW.
(5) "Employed" or "carries on a vocation" means employment that is full time or part time for a period of time exceeding fourteen days, or for an aggregate period of time exceeding thirty days during any calendar year. A person is employed or carries on a vocation whether the person's employment is financially compensated, volunteered, or for the purpose of government or educational benefit.
(6) "Fixed residence" means a building that a person lawfully and habitually uses as living quarters a majority of the week. Uses as living quarters means to conduct activities consistent with the common understanding of residing, such as sleeping; eating; keeping personal belongings; receiving mail; and paying utilities, rent, or mortgage. A nonpermanent structure including, but not limited to, a motor home, travel trailer, camper, or boat may qualify as a residence provided it is lawfully and habitually used as living quarters a majority of the week, primarily kept at one location with a physical address, and the location it is kept at is either owned or rented by the person or used by the person with the permission of the owner or renter. A shelter program may qualify as a residence provided it is a shelter program designed to provide temporary living accommodations for the homeless, provides an offender with a personally assigned living space, and the offender is permitted to store belongings in the living space.
(7) "In the community" means residing outside of confinement or incarceration for a disqualifying offense.
(8) "Institution of higher education" means any public or private institution dedicated to postsecondary education, including any college, university, community college, trade, or professional school.
(9) "Kidnapping offense" means:
(a) The crimes of kidnapping in the first degree, kidnapping in the second degree, and unlawful imprisonment, as defined in chapter 9A.40 RCW, where the victim is a minor and the offender is not the minor's parent;
(b) Any offense that is, under chapter 9A.28 RCW, a criminal attempt, criminal solicitation, or criminal conspiracy to commit an offense that is classified as a kidnapping offense under this subsection;
(c) Any federal or out-of-state conviction for: An offense for which the person would be required to register as a kidnapping offender if residing in the state of conviction; or, if not required to register in the state of conviction, an offense that under the laws of this state would be classified as a kidnapping offense under this subsection; and
(d) Any tribal conviction for an offense for which the person would be required to register as a kidnapping offender while residing in the reservation of conviction; or, if not required to register in the reservation of conviction, an offense that under the laws of this state would be classified as a kidnapping offense under this subsection.
(10) "Lacks a fixed residence" means the person does not have a living situation that meets the definition of a fixed residence and includes, but is not limited to, a shelter program designed to provide temporary living accommodations for the homeless, an outdoor sleeping location, or locations where the person does not have permission to stay.
(11) "School" means a public or private school regulated under Title 28A RCW or chapter 72.40 RCW.
(12) "Sex offense" means:
(a) Any offense defined as a sex offense by RCW 9.94A.030;
(b) Any violation under RCW 9A.44.096 (sexual misconduct with a minor in the second degree);
(c) Any violation under RCW 9A.40.100(1)(b)(ii) (trafficking);
(d) Any violation under RCW 9.68A.090 (communication with a minor for immoral purposes);
(e) A violation under RCW 9A.88.070 (promoting prostitution in the first degree) or RCW 9A.88.080 (promoting prostitution in the second degree) if the person has a prior conviction for one of these offenses;
(f) Any violation under **RCW 9A.40.100(1)(a)(i)(A) (III) or (IV) or (a)(i)(B);
(g) Any gross misdemeanor that is, under chapter 9A.28 RCW, a criminal attempt, criminal solicitation, or criminal conspiracy to commit an offense that is classified as a sex offense under RCW 9.94A.030 or this subsection;
(h) Any out-of-state conviction for an offense for which the person would be required to register as a sex offender while residing in the state of conviction; or, if not required to register in the state of conviction, an offense that under the laws of this state would be classified as a sex offense under this subsection;
(i) Any federal conviction classified as a sex offense under 34 U.S.C. Sec. 20911 or, prior to September 1, 2017, 42 U.S.C. Sec. 16911 (SORNA);
(j) Any military conviction for a sex offense. This includes sex offenses under the uniform code of military justice, as specified by the United States secretary of defense;
(k) Any conviction in a foreign country for a sex offense if it was obtained with sufficient safeguards for fundamental fairness and due process for the accused under guidelines or regulations established pursuant to 42 U.S.C. Sec. 16912;
(l) Any tribal conviction for an offense for which the person would be required to register as a sex offender while residing in the reservation of conviction; or, if not required to register in the reservation of conviction, an offense that under the laws of this state would be classified as a sex offense under this subsection.
(13) "Student" means a person who is enrolled, on a full-time or part-time basis, in any school or institution of higher education.
[ 2023 c 470 s 3011; 2023 c 150 s 4; 2015 c 261 s 2; 2014 c 188 s 2; 2013 c 302 s 8; 2012 c 134 s 2; 2011 c 337 s 2; 2010 c 267 s 1.]
Notes:
Reviser's note: *(1) RCW 43.43.830 was amended by 2025 c 60 s 1, changing subsection (7) to subsection (9).
**(2) RCW 9A.40.100 was amended by 2024 c 298 s 1, deleting subsection (1)(a)(i)(A)(III) and (IV) and (B), effective July 1, 2025.
(3) The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).
(4) This section was amended by 2023 c 150 s 4 and by 2023 c 470 s 3011, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Explanatory statement—2023 c 470: See note following RCW 10.99.030.
Findings—Intent—2023 c 150: See note following RCW 9A.44.130.
Effective date—2013 c 302: See note following RCW 9.68A.090.
Application—2010 c 267: "The provisions of this act apply to persons convicted before, on, or after June 10, 2010." [ 2010 c 267 s 15.]