(1) The prosecuting attorney shall file a special allegation of sexual motivation in every juvenile offense other than sex offenses as defined in *RCW 9.94A.030(33) (a) or (c) when sufficient admissible evidence exists, which, when considered with the most plausible, reasonably consistent defense that could be raised under the evidence, would justify a finding of sexual motivation by a reasonable and objective fact-finder.

     (2) In a juvenile case wherein there has been a special allegation the state shall prove beyond a reasonable doubt that the juvenile committed the offense with a sexual motivation. The court shall make a finding of fact of whether or not the sexual motivation was present at the time of the commission of the offense. This finding shall not be applied to sex offenses as defined in *RCW 9.94A.030(33) (a) or (c).

     (3) The prosecuting attorney shall not withdraw the special allegation of "sexual motivation" without approval of the court through an order of dismissal. The court shall not dismiss the special allegation unless it finds that such an order is necessary to correct an error in the initial charging decision or unless there are evidentiary problems which make proving the special allegation doubtful.

[1997 c 338 § 23; 1990 c 3 § 604.]

NOTES:

     *Reviser's note: RCW 9.94A.030 was amended by 1999 c 352 § 8, changing subsection (33)(c) to subsection (33)(d). RCW 9.94A.030 was also amended by 1999 c 196 § 2, changing subsection (33) to subsection (36). RCW 9.94A.030 was subsequently amended by 2000 c 28 § 2, changing subsection (36) to subsection (37), effective July 1, 2001. RCW 9.94A.030 was subsequently amended by 2001 2nd sp.s. c 12 § 301, changing subsection (37) to subsection (38). RCW 9.94A.030 was subsequently amended by 2005 c 436 § 1, changing subsection (38) to subsection (41). RCW 9.94A.030 was subsequently amended by 2006 c 122 § 7, changing subsection (41) to subsection (42).

     Finding -- Evaluation -- Report -- 1997 c 338: See note following RCW 13.40.0357.

     Severability -- Effective dates -- 1997 c 338: See notes following RCW 5.60.060.

     Effective date -- Application -- 1990 c 3 §§ 601-605: See note following RCW 9.94A.835.

     Index, part headings not law -- Severability -- Effective dates -- Application -- 1990 c 3: See RCW 18.155.900 through 18.155.902.