Washington Code 9A.44.170 – Custodial sexual misconduct in the second degree
Current as of: 2023 | Check for updates
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(1) A person is guilty of custodial sexual misconduct in the second degree when the person has sexual contact with another person:
Attorney's Note
Under the Washington Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| class C felony | up to 5 years | up to $10,000 |
Terms Used In Washington Code 9A.44.170
- Arrest: Taking physical custody of a person by lawful authority.
- 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
- Contract: A legal written agreement that becomes binding when signed.
- 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
- 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
(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 second degree is a class C felony.
NOTES:
Short title—2023 c 7: See note following RCW 9A.44.160.