RCW 9A.44.160: Custodial sexual misconduct in the first degree.

RCWs > Title 9A > Chapter 9A.44 > Section 9A.44.160

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9A.44.150 << 9A.44.160 >> 9A.44.170

PDFRCW 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.

[ 2023 c 7 § 1; 1999 c 45 § 1.]

NOTES:

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