The bill amends existing laws regarding the classification and penalties for sexually motivated assault in the fourth degree, particularly for individuals with a prior history of certain sex offenses or other sexually motivated crimes. It modifies RCW 9A.36.041 to establish that assault in the fourth degree is generally a gross misdemeanor, but can escalate to a class C felony under specific circumstances. Notably, if the assault occurs after the effective date of the new provisions and is found to be sexually motivated, it will be classified as a class C felony if the perpetrator has two or more prior adult convictions for specified offenses within the last ten years.
Additionally, the bill updates the definitions of "family or household members" in the context of domestic violence and clarifies the criteria for classifying assault in the fourth degree as a felony based on prior convictions. The amendments also include the insertion of new legal language that specifies the conditions under which assault in the fourth degree can be charged as a felony, particularly when there is a finding of sexual motivation. This aims to enhance the legal framework surrounding sexual offenses and ensure that repeat offenders face more severe penalties.
Statutes affected: Original bill: 9A.36.041, 9.94A.515