Title 9A — Title 9A WASHINGTON CRIMINAL CODE

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" …

(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; g…

(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 f…

(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 th…

(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…

(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) Kidnap…

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 ye…

(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 physical…

(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 interco…

(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…

(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 …

(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…

(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 th…

(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 leas…

(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 leas…

(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, …

(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 …

(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…

(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 …

(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 …

(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 w…

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 p…

(1)(a) Any adult residing whether or not the person has a fixed residence, or who is a student, is employed, or carries on a vocation in this state who has been found to have committed or has been convicted of any sex offense or kidnapping offense, or who has been found not guilt…

(1) A person commits the crime of failure to register as a sex offender if the person has a duty to register under RCW 9A.44.130 for a felony sex offense and knowingly fails to comply with any of the requirements of RCW 9A.44.130.(a) The failure to register as a sex offender purs…

(1) When an offender registers with the county sheriff pursuant to RCW 9A.44.130, the county sheriff shall notify the police chief or town marshal of the jurisdiction in which the offender has registered to live. If the offender registers to live in an unincorporated area of the …

(1) Upon receiving notice from a registered person pursuant to RCW 9A.44.130 that the person will be attending a school enrolling students in grades kindergarten through twelve or an institution of higher education, or will be employed with an institution of higher education, the…

The duty to register under RCW 9A.44.130 shall continue for the duration provided in this section.(1) For an adult convicted in this state of a class A felony, or an adult convicted of any sex offense or kidnapping offense who has one or more prior convictions for a sex offense o…

(1) Upon the request of a person who is listed in the Washington state patrol central registry of sex offenders and kidnapping offenders, the county sheriff shall investigate whether a person's duty to register has ended by operation of law pursuant to RCW 9A.44.140.(a) Using ava…

(1) A person who is required to register under RCW 9A.44.130 may petition the superior court to be relieved of the duty to register:(a) If the person has a duty to register for a sex offense or kidnapping offense committed when the offender was a juvenile, regardless of whether t…

(1) An offender having a duty to register under RCW 9A.44.130 for a sex offense or kidnapping offense committed when the offender was a juvenile, and who has not been determined to be a sexually violent predator pursuant to chapter 71.09 RCW may petition the superior court to be …

(1) For a person who is not an adult, any existing legal obligation to register as a sex offender is extinguished on November 1, 2023, if the person no longer has a duty to register under RCW 9A.44.130(1)(b).(2) For a person who has an existing legal obligation to register under …

(1) The state patrol shall notify:(a) Registered sex and kidnapping offenders of any change to the registration requirements, including the extinguishment of a legal obligation to register under RCW 9A.44.144;(b) No less than annually, an offender having a duty to register under …

(1) RCW 9A.44.128 through 9A.44.145 apply to offenders who committed their crimes and were adjudicated within the following time frames:(a) Sex offenders convicted of a sex offense on or after July 28, 1991, for a sex offense committed on or after February 28, 1990;(b) Kidnapping…

(1) On motion of the prosecuting attorney in a criminal proceeding, the court may order that a child under the age of 18 may testify in a room outside the presence of the defendant and the jury while one-way closed-circuit television equipment simultaneously projects the child's …

(1) A person is guilty of custodial sexual misconduct in the first degree when the person has sexual intercourse with another person:(a) When:(i) The victim is a resident of a state, county, or city adult or juvenile correctional facility, including but not limited to jails, pris…

(1) A person is guilty of custodial sexual misconduct in the second degree when the person has sexual contact with another person:(a) When:(i) The victim is a resident of a state, county, or city adult or juvenile correctional facility, including but not limited to jails, prisons…

It is an affirmative defense to prosecution under RCW 9A.44.160 or 9A.44.170, to be proven by the defendant by a preponderance of the evidence, that the act of sexual intercourse or sexual contact resulted from forcible compulsion by the other person.[ 1999 c 45 s 3.]

As used in this section and RCW 9A.44.193 and 9A.44.196:(1) "Covered entity" means any public facility or private facility whose primary purpose, at any time, is to provide for the education, care, or recreation of a child or children, including but not limited to community and r…

(1) An owner, manager, or operator of a covered entity may order a covered offender from the legal premises of a covered entity as provided under this section. To do this, the owner, manager, or operator of a covered entity must first provide the covered offender, or cause the co…

(1) A person is guilty of the crime of criminal trespass against children if he or she:(a) Is a covered offender as defined in RCW 9A.44.190; and(b)(i) Is personally served with written notice complying with the requirements of RCW 9A.44.193 that excludes the covered offender fro…

(1)(a) When any person charged with or arrested for a sex offense as defined in RCW 9.94A.030, a violation of RCW 9A.44.096, a violation of RCW 9.68A.090, or a gross misdemeanor that is, under chapter 9A.28 RCW, a criminal attempt, criminal solicitation, or criminal conspiracy to…

RCW 9.79.140, 9.79.150, 9.79.160, 9.79.170 as now or hereafter amended, 9.79.180 as now or hereafter amended, 9.79.190 as now or hereafter amended, 9.79.200 as now or hereafter amended, 9.79.210 as now or hereafter amended, 9.79.220 as now or hereafter amended, 9A.88.020, and 9A.…

The sections decodified by RCW 9A.44.900 and added to Title 9A RCW as a new chapter with the designation chapter 9A.44 RCW shall be construed as part of Title 9A RCW.[ 1979 ex.s. c 244 s 18.]

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 on July 1, 1979.[ 1979 ex.s. c 244 s 19.]

Section captions as used in this chapter do not constitute any part of the law.[ 1988 c 145 s 22.]Notes:Effective date—Savings—Application—1988 c 145: See notes following RCW 9A.44.010.

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 …

The legislature finds that the prevention of serious, personal harassment is an important government objective. Toward that end, this chapter is aimed at making unlawful the repeated invasions of a person's privacy by acts and threats which show a pattern of harassment designed t…

(1) A person is guilty of harassment if:(a) Without lawful authority, the person knowingly threatens:(i) To cause bodily injury immediately or in the future to the person threatened or to any other person; or(ii) To cause physical damage to the property of a person other than the…

Any harassment offense committed as set forth in RCW 9A.46.020 or 9A.46.110 may be deemed to have been committed where the conduct occurred or at the place from which the threat or threats were made or at the place where the threats were received.[ 1992 c 186 s 3; 1985 c 288 s 3.…

(1) Because of the likelihood of repeated harassment directed at those who have been victims of harassment in the past, when any defendant charged with a crime involving harassment is released from custody before trial on bail or personal recognizance, the court authorizing the r…