Wash. Rev. Code § 9A.44.100

Current through 2024

Section 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.

RCW 9A.44.100

Amended by 2023 c 470,§ 3009, eff. 7/23/2023.

Amended by 2021 c 142,§ 10, eff. 4/26/2021.

Amended by 2013 c 94,§ 2, eff. 7/28/2013.

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.

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.