Wash. Rev. Code § 9A.44.160

Current through 2024

Section 9A.44.160 - Custodial sexual misconduct in the first degree

(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, prisons, detention centers, or work release facilities, or is under correctional supervision; and

(ii) The perpetrator is an employee or contract personnel of a correctional agency and the perpetrator has, or the victim reasonably believes the perpetrator has, the ability to influence the terms, conditions, length, or fact of incarceration or correctional supervision; or

(b) When the victim is being detained, under arrest, or in the custody of a law enforcement officer and the perpetrator is a law enforcement officer.

(2) Consent of the victim is not a defense to a prosecution under this section.

(3) Custodial sexual misconduct in the first degree is a class B felony.

RCW 9A.44.160

Amended by 2023 c 7,§ 1, eff. 7/23/2023.

1999 c 45 § 1.

Short title- 2023 c 7 : "This act may be known and cited as Kimberly Bender's law." [2023 c 7 s 4.]