9A.44.190 - Criminal trespass against children -- Definitions. - Washington Statutes

Criminal trespass against children — Definitions.

As used in this section and RCW 9A.44.193 and 9A.44.196:

     (1) "Covered entity" means any public facility or private facility whose primary purpose, at any time, is to provide for the education, care, or recreation of a child or children, including but not limited to community and recreational centers, playgrounds, schools, swimming pools, and state or municipal parks.

     (2) "Child" means a person under the age of eighteen, unless the context clearly indicates that the term is otherwise defined in statute.

     (3) "Public facility" means a facility operated by a unit of local or state government, or by a nonprofit organization.

     (4) "Schools" means public and private schools, but does not include home-based instruction as defined in RCW 28A.225.010.

     (5) "Covered offender" means a person required to register under RCW 9A.44.130 who is eighteen years of age or older, who is not under the jurisdiction of the juvenile rehabilitation authority or currently serving a special sex offender disposition alternative, whose risk level classification has been assessed at a risk level II or a risk level III pursuant to RCW 72.09.345, and who, at any time, has been convicted of one or more of the following offenses:

     (a) Rape of a child in the first, second, and third degree; child molestation in the first, second, and third degree; indecent liberties against a child under age fifteen; sexual misconduct with a minor in the first and second degree; incest in the first and second degree; luring with sexual motivation; possession of depictions of minors engaged in sexually explicit conduct; dealing in depictions of minors engaged in sexually explicit conduct; bringing into the state depictions of minors engaged in sexually explicit conduct; sexual exploitation of a minor; communicating with a minor for immoral purposes; *patronizing a juvenile prostitute;

     (b) Any felony in effect at any time prior to March 20, 2006, that is comparable to an offense listed in (a) of this subsection, including, but not limited to, statutory rape in the first and second degrees [degree] and carnal knowledge;

     (c) Any felony offense for which:

     (i) There was a finding that the offense was committed with sexual motivation; and

     (ii) The victim of the offense was less than sixteen years of age at the time of the offense;

     (d) An attempt, conspiracy, or solicitation to commit any of the offenses listed in (a) through (c) of this subsection;

     (e) Any conviction from any other jurisdiction which is comparable to any of the offenses listed in (a) through (d) of this subsection.

[2006 c 126 § 4; 2006 c 125 § 2.]

Notes: *Reviser's note: The term "patronizing a juvenile prostitute" was changed to "commercial sexual abuse of a minor" by 2007 c 368 § 2.

Effective date -- 2006 c 126 §§ 1 and 3-7: See note following RCW 9A.44.130.

Intent -- 2006 c 125: "It is the intent of the legislature to give public and private entities that provide services to children the tools necessary to prevent convicted child sex offenders from contacting children when those children are within the legal premises of the covered public and private entities." [2006 c 126 § 3; 2006 c 125 § 1.]

Severability -- 2006 c 125: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [2006 c 125 § 6.]

Effective date -- 2006 c 125: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 20, 2006]." [2006 c 125 § 7.]