As used in this chapter:
(1) "Sexual intercourse" (a) has its ordinary meaning and
occurs upon any penetration, however slight, and
(b) Also means any penetration of the vagina or anus however
slight, by an object, when committed on one person by another,
whether such persons are of the same or opposite sex, except when
such penetration is accomplished for medically recognized
treatment or diagnostic purposes, and
(c) Also means any act of sexual contact between persons
involving the sex organs of one person and the mouth or anus of
another whether such persons are of the same or opposite sex.
(2) "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.
(3) "Married" means one who is legally married to another,
but does not include a person who is living separate and apart
from his or her spouse and who has filed in an appropriate court
for legal separation or for dissolution of his or her marriage.
(4) "Mental incapacity" is that condition existing at the
time of the offense which prevents a person from understanding
the nature or consequences of the act of sexual intercourse
whether that condition is produced by illness, defect, the
influence of a substance or from some other cause.
(5) "Physically helpless" means a person who is unconscious
or for any other reason is physically unable to communicate
unwillingness to an act.
(6) "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.
(7) "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.
(8) "Significant relationship" means a situation in which
the perpetrator is:
(a) A person who undertakes the responsibility,
professionally or voluntarily, to provide education, health,
welfare, or organized recreational activities principally for
minors;
(b) A person who in the course of his or her employment
supervises minors; or
(c) A person who provides welfare, health or residential
assistance, personal care, or organized recreational activities
to frail elders or vulnerable adults, including a provider,
employee, temporary employee, volunteer, or independent
contractor who supplies services to long-term care facilities
licensed or required to be licensed under chapter 18.20, 18.51, 72.36, or 70.128 RCW, and home health, hospice, or home care
agencies licensed or required to be licensed under chapter 70.127 RCW, but not including a consensual sexual partner.
(9) "Abuse of a supervisory position" means:
(a) To use a direct or indirect threat or promise to
exercise authority to the detriment or benefit of a minor; or
(b) To exploit a significant relationship in order to obtain
the consent of a minor.
(10) "Person with a developmental disability," for purposes
of RCW 9A.44.050(1)(c) and 9A.44.100(1)(c), means a person with a
developmental disability as defined in RCW 71A.10.020.
(11) "Person with supervisory authority," for purposes of
RCW 9A.44.050(1) (c) or (e) and 9A.44.100(1) (c) or (e), means
any proprietor or employee of any public or private care or
treatment facility who directly supervises developmentally
disabled, mentally disordered, or chemically dependent persons at
the facility.
(12) "Person with a mental disorder" for the purposes of RCW 9A.44.050(1)(e) and 9A.44.100(1)(e) means a person with a "mental
disorder" as defined in RCW 71.05.020.
(13) "Person with a chemical dependency" for purposes of RCW 9A.44.050(1)(e) and 9A.44.100(1)(e) means a person who is
"chemically dependent" as defined in RCW 70.96A.020(4).
(14) "Health care provider" for purposes of RCW 9A.44.050
and 9A.44.100 means a person who is, holds himself or herself out
to be, or provides services as if he or she were: (a) A member
of a health care profession under chapter 18.130 RCW; or (b)
registered under chapter 18.19 RCW or licensed under chapter 18.225 RCW, regardless of whether the health care provider is
licensed, certified, or registered by the state.
(15) "Treatment" for purposes of RCW 9A.44.050 and 9A.44.100
means the active delivery of professional services by a health
care provider which the health care provider holds himself or
herself out to be qualified to provide.
(16) "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. "Frail elder or
vulnerable adult" also includes a person found incapacitated
under chapter 11.88 RCW, a person over eighteen years of age who
has a developmental disability under chapter 71A.10 RCW, a person
admitted to a long-term care facility that is licensed or
required to be licensed under chapter 18.20, 18.51, 72.36, or 70.128 RCW, and a person receiving services from a home health,
hospice, or home care agency licensed or required to be licensed
under chapter 70.127 RCW.
[2007 c 20 § 3; 2005 c 262 § 1; 2001 c 251 § 28. Prior: 1997 c 392 § 513; 1997 c 112 § 37; 1994 c 271 § 302; 1993 c 477 § 1; 1988 c 146 § 3; 1988 c 145 § 1; 1981 c 123 § 1; 1975 1st ex.s. c 14 § 1. Formerly RCW 9.79.140.]
NOTES:
Effective date -- 2007 c 20: See note following RCW 9A.44.050.
Severability -- 2001 c 251: See RCW 18.225.900.
Short title -- Findings -- Construction -- Conflict with federal requirements -- Part headings and captions not law -- 1997 c 392: See notes following RCW 74.39A.009.
Intent -- 1994 c 271: "The legislature hereby reaffirms its desire to protect the children of Washington from sexual abuse and further reaffirms its condemnation of child sexual abuse that takes the form of causing one child to engage in sexual contact with another child for the sexual gratification of the one causing such activities to take place." [1994 c 271 § 301.]
Purpose -- Severability -- 1994 c 271: See notes following RCW 9A.28.020.
Severability -- Effective dates -- 1988 c 146: See notes following RCW 9A.44.050.
Effective date -- 1988 c 145: "This act shall take effect July 1, 1988." [1988 c 145 § 26.]
Savings -- Application -- 1988 c 145: "This act shall not have the effect of terminating or in any way modifying any liability, civil or criminal, which is already in existence on July 1, 1988, and shall apply only to offenses committed on or after July 1, 1988." [1988 c 145 § 25.]