reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 9A - Washington Criminal Code › Chapter 9A.40 - Kidnapping, Unlawful Imprisonment, Custodial Interference, Luring, Trafficking, and Coercion of Involuntary Servitude. › 9A.40.090 - Luring.

RCW 9A.40.090
Luring.
(1) A person commits the crime of luring if the person, with the intent to harm the health, safety, or welfare of the minor or person with a developmental disability or with the intent to facilitate the commission of any crime:
(a) Orders, lures, or attempts to lure a minor or a person with a developmental disability into any area or structure that is obscured from or inaccessible to the public, or away from any area or structure constituting a bus terminal, airport terminal, or other transportation terminal, or into a motor vehicle;
(b) Does not have the consent of the minor's parent or guardian or of the guardian of the person with a developmental disability; and
(c) Is unknown to the child or developmentally disabled person.
(2) For purposes of this section:
(a) "Minor" means a person under the age of sixteen;
(b) "Person with a developmental disability" means a person with a developmental disability as defined in RCW 71A.10.020.
(3) Luring is a class C felony.
[ 2016 c 11 § 1; 2012 c 145 § 1; 1995 c 156 § 1; 1993 c 509 § 1.]
NOTES:
Effective date—2012 c 145: "This act takes effect January 1, 2013." [ 2012 c 145 § 2.]
2023 Revised Code of Washington › Title 9A - Washington Criminal Code › Chapter 9A.40 - Kidnapping, Unlawful Imprisonment, Custodial Interference, Luring, Trafficking, and Coercion of Involuntary Servitude. › 9A.40.102 - Trafficking—Court appearance—No-contact orders—Entry of order into computer-based criminal intelligence information system.

RCW 9A.40.102
Trafficking—Court appearance—No-contact orders—Entry of order into computer-based criminal intelligence information system.
(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 § 1.]
2023 Revised Code of Washington › Title 9A - Washington Criminal Code › Chapter 9A.40 - Kidnapping, Unlawful Imprisonment, Custodial Interference, Luring, Trafficking, and Coercion of Involuntary Servitude. › 9A.40.106 - Trafficking—Condition of sentence restricting contact—No-contact orders—Entry of order into computer-based criminal intelligence information system.

RCW 9A.40.106
Trafficking—Condition of sentence restricting contact—No-contact orders—Entry of order into computer-based criminal intelligence information system.
(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 § 4.]
NOTES:
*Reviser's note: Chapter 26.50 RCW was repealed in its entirety by 2021 c 215 § 170, effective July 1, 2022.
2023 Revised Code of Washington › Title 9A - Washington Criminal Code › Chapter 9A.40 - Kidnapping, Unlawful Imprisonment, Custodial Interference, Luring, Trafficking, and Coercion of Involuntary Servitude. › 9A.40.110 - Coercion of involuntary servitude.

RCW 9A.40.110
Coercion of involuntary servitude.
(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 § 1.]
2023 Revised Code of Washington › Title 9A - Washington Criminal Code › Chapter 9A.40 - Kidnapping, Unlawful Imprisonment, Custodial Interference, Luring, Trafficking, and Coercion of Involuntary Servitude. › 9A.40.120 - Enforcement of orders restricting contact.

RCW 9A.40.120
Enforcement of orders restricting contact.
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 § 2.]
2023 Revised Code of Washington › Title 9A - Washington Criminal Code › Chapter 9A.40 - Kidnapping, Unlawful Imprisonment, Custodial Interference, Luring, Trafficking, and Coercion of Involuntary Servitude. › 9A.40.900 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.

RCW 9A.40.900
Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.
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 § 23.]
2023 Revised Code of Washington › Title 9A - Washington Criminal Code › Chapter 9A.42 - Criminal Mistreatment. › 9A.42.005 - Findings and intent—Christian Science treatment—Rules of evidence.

RCW 9A.42.005
Findings and intent—Christian Science treatment—Rules of evidence.
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 § 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.
2023 Revised Code of Washington › Title 9A - Washington Criminal Code › Chapter 9A.42 - Criminal Mistreatment. › 9A.42.020 - Criminal mistreatment in the first degree.

RCW 9A.42.020
Criminal mistreatment in the first degree.
(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 § 2; 2006 c 228 § 2; 1997 c 392 § 510; 1986 c 250 § 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 § 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.
2023 Revised Code of Washington › Title 9A - Washington Criminal Code › Chapter 9A.42 - Criminal Mistreatment. › 9A.42.030 - Criminal mistreatment in the second degree.

RCW 9A.42.030
Criminal mistreatment in the second degree.
(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 § 3; 2006 c 228 § 3; 1997 c 392 § 511; 1986 c 250 § 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.
2023 Revised Code of Washington › Title 9A - Washington Criminal Code › Chapter 9A.42 - Criminal Mistreatment. › 9A.42.035 - Criminal mistreatment in the third degree.

RCW 9A.42.035
Criminal mistreatment in the third degree.
(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 § 4; 2006 c 228 § 4; 2000 c 76 § 1.]
NOTES:
Finding—Intent—2017 c 266: See note following RCW 9A.42.020.
2023 Revised Code of Washington › Title 9A - Washington Criminal Code › Chapter 9A.42 - Criminal Mistreatment. › 9A.42.037 - Criminal mistreatment in the fourth degree.

RCW 9A.42.037
Criminal mistreatment in the fourth degree.
(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 § 5; 2002 c 219 § 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 § 1.]
2023 Revised Code of Washington › Title 9A - Washington Criminal Code › Chapter 9A.42 - Criminal Mistreatment. › 9A.42.039 - Arresting officer, notification by.

RCW 9A.42.039
Arresting officer, notification by.
(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 § 5.]
NOTES:
Intent—Finding—2002 c 219: See note following RCW 9A.42.037.
2023 Revised Code of Washington › Title 9A - Washington Criminal Code › Chapter 9A.42 - Criminal Mistreatment. › 9A.42.040 - Withdrawal of life support systems.

RCW 9A.42.040
Withdrawal of life support systems.
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 § 3; 2000 c 76 § 2; 1986 c 250 § 4.]
NOTES:
Intent—Finding—2002 c 219: See note following RCW 9A.42.037.
2023 Revised Code of Washington › Title 9A - Washington Criminal Code › Chapter 9A.42 - Criminal Mistreatment. › 9A.42.045 - Palliative care.

RCW 9A.42.045
Palliative care.
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 § 4; 2000 c 76 § 3; 1997 c 392 § 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.
2023 Revised Code of Washington › Title 9A - Washington Criminal Code › Chapter 9A.42 - Criminal Mistreatment. › 9A.42.050 - Defense of financial inability.

RCW 9A.42.050
Defense of financial inability.
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 § 509; 1986 c 250 § 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.
2023 Revised Code of Washington › Title 9A - Washington Criminal Code › Chapter 9A.42 - Criminal Mistreatment. › 9A.42.060 - Abandonment of a dependent person in the first degree—Exception.

RCW 9A.42.060
Abandonment of a dependent person in the first degree—Exception.
(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 § 6; 2002 c 331 § 3; 1996 c 302 § 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.
2023 Revised Code of Washington › Title 9A - Washington Criminal Code › Chapter 9A.42 - Criminal Mistreatment. › 9A.42.070 - Abandonment of a dependent person in the second degree—Exception.

RCW 9A.42.070
Abandonment of a dependent person in the second degree—Exception.
(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 § 7; 2002 c 331 § 4; 1996 c 302 § 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.
2023 Revised Code of Washington › Title 9A - Washington Criminal Code › Chapter 9A.42 - Criminal Mistreatment. › 9A.42.080 - Abandonment of a dependent person in the third degree—Exception.

RCW 9A.42.080
Abandonment of a dependent person in the third degree—Exception.
(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 § 8; 2002 c 331 § 5; 1996 c 302 § 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.
2023 Revised Code of Washington › Title 9A - Washington Criminal Code › Chapter 9A.42 - Criminal Mistreatment. › 9A.42.090 - Abandonment of a dependent person—Defense.

RCW 9A.42.090
Abandonment of a dependent person—Defense.
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 § 5.]
NOTES:
Severability—1996 c 302: See note following RCW 9A.42.010.
2023 Revised Code of Washington › Title 9A - Washington Criminal Code › Chapter 9A.42 - Criminal Mistreatment. › 9A.42.100 - Endangerment with a controlled substance.

RCW 9A.42.100
Endangerment with a controlled substance.
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 § 4; 2002 c 229 § 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 § 4.]
2023 Revised Code of Washington › Title 9A - Washington Criminal Code › Chapter 9A.42 - Criminal Mistreatment. › 9A.42.110 - Leaving a child in the care of a sex offender.

RCW 9A.42.110
Leaving a child in the care of a sex offender.
(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 § 1.]
2023 Revised Code of Washington › Title 9A - Washington Criminal Code › Chapter 9A.44 - Sex Offenses. › 9A.44.030 - Defenses to prosecution under this chapter.

RCW 9A.44.030
Defenses to prosecution under this chapter.
(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 § 20; 1975 1st ex.s. c 14 § 3. Formerly RCW 9.79.160.]
NOTES:
Effective date—Savings—Application—1988 c 145: See notes following RCW 9A.44.010.
2023 Revised Code of Washington › Title 9A - Washington Criminal Code › Chapter 9A.44 - Sex Offenses. › 9A.44.040 - Rape in the first degree.

RCW 9A.44.040
Rape in the first degree.
(1) A person is guilty of rape in the first degree when such person engages in sexual intercourse with another person by forcible compulsion where the perpetrator or an accessory:
(a) Uses or threatens to use a deadly weapon or what appears to be a deadly weapon; or
(b) Kidnaps the victim; or
(c) Inflicts serious physical injury, including but not limited to physical injury which renders the victim unconscious; or
(d) Feloniously enters into the building or vehicle where the victim is situated.
(2) Rape in the first degree is a class A felony.
[ 1998 c 242 § 1. Prior: 1983 c 118 § 1; 1983 c 73 § 1; 1982 c 192 § 11; 1982 c 10 § 3; prior: (1) 1981 c 137 § 36; 1979 ex.s. c 244 § 1; 1975 1st ex.s. c 247 § 1; 1975 1st ex.s. c 14 § 4. (2) 1981 c 136 § 57 repealed by 1982 c 10 § 18. Formerly RCW 9.79.170.]
NOTES:
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 § 2.]
Severability—1982 c 10: See note following RCW 6.13.080.
Effective date—1981 c 136: See RCW 72.09.900.
2023 Revised Code of Washington › Title 9A - Washington Criminal Code › Chapter 9A.44 - Sex Offenses. › 9A.44.045 - First degree rape—Penalties.

RCW 9A.44.045
First degree rape—Penalties.
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 § 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.
2023 Revised Code of Washington › Title 9A - Washington Criminal Code › Chapter 9A.44 - Sex Offenses. › 9A.44.060 - Rape in the third degree.

RCW 9A.44.060
Rape in the third degree.
(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 § 3; 2013 c 94 § 1; 1999 c 143 § 34; 1979 ex.s. c 244 § 3; 1975 1st ex.s. c 14 § 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.
2023 Revised Code of Washington › Title 9A - Washington Criminal Code › Chapter 9A.44 - Sex Offenses. › 9A.44.073 - Rape of a child in the first degree.

RCW 9A.44.073
Rape of a child in the first degree.
(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 § 2; 1988 c 145 § 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.
2023 Revised Code of Washington › Title 9A - Washington Criminal Code › Chapter 9A.44 - Sex Offenses. › 9A.44.076 - Rape of a child in the second degree.

RCW 9A.44.076
Rape of a child in the second degree.
(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 § 3; 1990 c 3 § 903; 1988 c 145 § 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.
2023 Revised Code of Washington › Title 9A - Washington Criminal Code › Chapter 9A.44 - Sex Offenses. › 9A.44.079 - Rape of a child in the third degree.

RCW 9A.44.079
Rape of a child in the third degree.
(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 § 4; 1988 c 145 § 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.
2023 Revised Code of Washington › Title 9A - Washington Criminal Code › Chapter 9A.44 - Sex Offenses. › 9A.44.083 - Child molestation in the first degree.

RCW 9A.44.083
Child molestation in the first degree.
(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 § 5; 1994 c 271 § 303; 1990 c 3 § 902; 1988 c 145 § 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.
2023 Revised Code of Washington › Title 9A - Washington Criminal Code › Chapter 9A.44 - Sex Offenses. › 9A.44.086 - Child molestation in the second degree.

RCW 9A.44.086
Child molestation in the second degree.
(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 § 6; 1994 c 271 § 304; 1988 c 145 § 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.
2023 Revised Code of Washington › Title 9A - Washington Criminal Code › Chapter 9A.44 - Sex Offenses. › 9A.44.089 - Child molestation in the third degree.

RCW 9A.44.089
Child molestation in the third degree.
(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 § 7; 1994 c 271 § 305; 1988 c 145 § 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.
2023 Revised Code of Washington › Title 9A - Washington Criminal Code › Chapter 9A.44 - Sex Offenses. › 9A.44.093 - Sexual misconduct with a minor in the first degree.

RCW 9A.44.093
Sexual misconduct with a minor in the first degree.
(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 § 8; 2009 c 324 § 1; 2005 c 262 § 2; 2001 2nd sp.s. c 12 § 357; 1994 c 271 § 306; 1988 c 145 § 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 §§ 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.
2023 Revised Code of Washington › Title 9A - Washington Criminal Code › Chapter 9A.44 - Sex Offenses. › 9A.44.096 - Sexual misconduct with a minor in the second degree.

RCW 9A.44.096
Sexual misconduct with a minor in the second degree.
(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 § 9; 2009 c 324 § 2; 2005 c 262 § 3; 2001 2nd sp.s. c 12 § 358; 1994 c 271 § 307; 1988 c 145 § 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 §§ 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.
2023 Revised Code of Washington › Title 9A - Washington Criminal Code › Chapter 9A.44 - Sex Offenses. › 9A.44.100 - Indecent liberties.

RCW 9A.44.100
Indecent liberties.
(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 § 3009; 2021 c 142 § 10; 2013 c 94 § 2; 2007 c 20 § 2; 2003 c 53 § 67; 2001 2nd sp.s. c 12 § 359; 1997 c 392 § 515; 1993 c 477 § 3; 1988 c 146 § 2; 1988 c 145 § 10; 1986 c 131 § 1; 1975 1st ex.s. c 260 § 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 §§ 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.
2023 Revised Code of Washington › Title 9A - Washington Criminal Code › Chapter 9A.44 - Sex Offenses. › 9A.44.105 - Sexually violating human remains.

RCW 9A.44.105
Sexually violating human remains.
(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 § 1.]