Sex Offense Definitions

Sex Offense Definitions

There are many terms used in the statutes related to sex offenses that have very specific meanings. Here are some of the most commonly encountered terms and their definitions.

• “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.RCW 9A.44.010 (9)
• “Community corrections officer” means an employee of the department who is responsible for carrying out specific duties in supervision of sentenced offenders and monitoring of sentence conditions. RCW 9.94A.030 (4)
• “Community custody” means that portion of an offender’s sentence of confinement in lieu of earned release time or imposed pursuant to RCW 9.94A.505(2)(b), 9.94A.650 through 9.94A.670, 9.94A.690 , 9.94A.700 through 9.94A.715, or 9.94A.545, served in the community subject to controls placed on the offender’s movement and activities by the department. For offenders placed on community custody for crimes committed on or after July 1, 2000, the department shall assess the offender’s risk of reoffense and may establish and modify conditions of community custody, in addition to those imposed by the court, based upon the risk to community safety. RCW 9.94A.030 (5)
• “Community protection zone” means the area within eight hundred eighty feet of the facilities and grounds of a public or private school. RCW 9.94A.030 (8)
• “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.RCW 9A.44.010 (7)
• “Determinate sentence” means a sentence that states with exactitude the number of actual years, months, or days of total confinement, of partial confinement, of community supervision, the number of actual hours or days of community restitution work, or dollars or terms of a legal financial obligation. The fact that an offender through earned release can reduce the actual period of confinement shall not affect the classification of the sentence as a determinate sentence. RCW 9.94A.030 (21)
• “Earned release” means earned release from confinement as provided in RCW 9.94A.728. RCW 9.94A.030 (25)
• “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.RCW 9A.44.010 (6)
• “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 found incapacitated under chapter 11.88 RCW, 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 9A.44.010 (16)
• “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.(14) “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. RCW 9A.44.010 (14)
• “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. RCW 9A.44.010 (3)
• “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. RCW 9A.44.010 (4)
• “Person with a chemical dependency” for purposes of RCW 9A.44.050(1)(e) and 9A.44.100(1)(e) means a person who is “chemically dependent” as defined in RCW 70.96A.020(4).RCW 9A.44.010 (13)
• “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.RCW 9A.44.010 (10)
• “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. RCW 9A.44.010 (12)
• “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.RCW 9A.44.010 (11)
• “Physically helpless” means a person who is unconscious or for any other reason is physically unable to communicate unwillingness to an act. RCW 9A.44.010 (5)
• “Predatory” means: (a) The perpetrator of the crime was a stranger to the victim, as defined in this section; (b) the perpetrator established or promoted a relationship with the victim prior to the offense and the victimization of the victim was a significant reason the perpetrator established or promoted the relationship; or (c) the perpetrator was: (i) A teacher, counselor, volunteer, or other person in authority in any public or private school and the victim was a student of the school under his or her authority or supervision. For purposes of this subsection, “school” does not include home-based instruction as defined in RCW 28A.225.010; (ii) a coach, trainer, volunteer, or other person in authority in any recreational activity and the victim was a participant in the activity under his or her authority or supervision; or (iii) a pastor, elder, volunteer, or other person in authority in any church or religious organization, and the victim was a member or participant of the organization under his or her authority. RCW 9.94A.030 (39)
• “Private school” means a school regulated under chapter 28A.195 or 28A.205 RCW. RCW 9.94A.030 (40)
• “Public school” has the same meaning as in RCW 28A.150.010. RCW 9.94A.030 (41)
• “Risk assessment” means the application of an objective instrument supported by research and adopted by the department for the purpose of assessing an offender’s risk of reoffense, taking into consideration the nature of the harm done by the offender, place and circumstances of the offender related to risk, the offender’s relationship to any victim, and any information provided to the department by victims. The results of a risk assessment shall not be based on unconfirmed or unconfirmed allegations. RCW 9.94A.030 (43)
• “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. RCW 9A.44.010 (2)
• “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.RCW 9A.44.010 (1)
• “Sex offense” means:
  • (a)
    • (i) A felony that is a violation of chapter 9A.44 RCW (Rape First, Second and Third degrees; Rape of a Child First, Second and Third degrees; Child Molestation First, Second and Third Degrees; Sexual misconduct with a minor First Degree; (Sexual Misconduct with a minor Second Degree under RCW 9A.44.130 (10)); Indecent Liberties; Sexually violating human remains; Voyeurism, Criminal trespass against children; Failure to Register as a Sex Offender) other than RCW 9A.44.130(12) (Failure to register as kidnapper; Failure to Register as a Sex Offender for Misdemeanor sex offense);
    • (ii) A violation of RCW 9A.64.020 (Incest);
    • (iii) A felony that is a violation of chapter 9.68A RCW (Sexual Exploitation of a Minor; Possession of Depictions of Minors engaged in sexually explicit conduct; Dealing in Depictions of Minors engaged in sexually explicit conduct; Communicating with a Minor for Immoral Purposes (Misdemeanor CMIP also a sex offense under RCW 9A.44.130 (10)); Commercial sexual abuse of a Minor; Promoting Commercial Sexual abuse of a minor; Promoting travel for commercial sexual abuse of a minor;) other than RCW 9.68A.080 (reporting of depictions of minors engaged in sexually explicit conduct); or
    • (iv) A felony that is, under chapter 9A.28 RCW, a criminal attempt, criminal solicitation, or criminal conspiracy to commit such crimes;
  • (b) Any conviction for a felony offense in effect at any time prior to July 1, 1976, that is comparable to a felony classified as a sex offense in (a) of this subsection;
  • (c) A felony with a finding of sexual motivation under RCW 9.94A.835 or 13.40.135; or
  • (d) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a sex offense under (a) of this subsection. RCW 9.94A.030 (46)
  • (v) 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. RCW 9A.44.130 (10)
• “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. RCW 9.94A.030 (47)
• “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. RCW 9A.44.010 (8)
• “Stranger” means that the victim did not know the offender twenty-four hours before the offense. RCW 9.94A.030 (50)
• “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. RCW 9A.44.010 (15)
• “Victim” means any person who has sustained emotional, psychological, physical, or financial injury to person or property as a direct result of the crime charged. RCW 9.94A.030 (53)