Washington Code 9A.44.100 – Indecent liberties
Current as of: 2023 | Check for updates
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(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:
Attorney's Note
Under the Washington Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| class A felony | up to life | up to $50,000 |
| class B felony | up to 10 years | up to $20,000 |
Terms Used In Washington Code 9A.44.100
- 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. See Washington Code 9A.44.010
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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. See Washington Code 9A.44.010
- 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. See Washington Code 9A.44.010
- person: may be construed to include the United States, this state, or any state or territory, or any public or private corporation or limited liability company, as well as an individual. See Washington Code 1.16.080
- Physically helpless: means a person who is unconscious or for any other reason is physically unable to communicate unwillingness to an act. See Washington Code 9A.44.010
- 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. See Washington Code 9A.44.010
- Significant relationship: means a situation in which the perpetrator is:
Washington Code 9A.44.010
(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.
[ 2023 c 470 § 3009; 2021 c 142 § 10; 2013 c 94 § 2; 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.]
NOTES:
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 §§ 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.