§ 9.94A.835. Special allegation -- Sexual motivation -- Procedures
(1) The prosecuting attorney shall file a special allegation of sexual motivation in every criminal case, felony, gross misdemeanor, or misdemeanor, other than sex offenses as defined in *RCW 9.94A.030(38) (a) or (c) when sufficient admissible evidence exists, which, when considered with the most plausible, reasonably foreseeable 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 criminal case wherein there has been a special allegation the state shall prove beyond a reasonable doubt that the accused committed the crime with a sexual motivation. The court shall make a finding of fact of whether or not a sexual motivation was present at the time of the commission of the crime, or if a jury trial is had, the jury shall, if it finds the defendant guilty, also find a special verdict as to whether or not the defendant committed the crime with a sexual motivation. This finding shall not be applied to sex offenses as defined in *RCW 9.94A.030(38) (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 of the special allegation. The court shall not dismiss this 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.
[2006 c 123 § 2; 1999 c 143 § 11; 1990 c 3 § 601. Formerly RCW 9.94A.127.]
Notes:
*Reviser's note: RCW 9.94A.030 was amended many times in 2006. The definition of "sex offense" is now found in subsection (42). RCW 9.94A.030 was subsequently amended by 2008 c 276 § 309 changing subsection (42) to subsection (46), and by 2008 c 231 § 23 changing subsection (42) to subsection (39) effective August 1, 2009, and by 2008 c 230 § 2 without any changes to subsection numbering with a delayed effective date in 2010.
Effective date -- 2006 c 123: See note following RCW 9.94A.533.
Effective date -- Application -- 1990 c 3 § § 601-605: "(1) Sections 601 through 605 of this act, for purposes of sentencing adult or juvenile offenders, shall take effect July 1, 1990, and shall apply to crimes or offenses committed on or after July 1, 1990.
(2) For purposes of defining a "sexually violent offense" pursuant to section 1002(4) of this act, sections 601 through 605 of this act shall take effect July 1, 1990, and shall apply to crimes committed on, before, or after July 1, 1990." [1990 c 3 § 606.]
Index, part headings not law -- Severability -- Effective dates -- Application -- 1990 c 3: See RCW 18.155.900 through 18.155.902.
Sections: Previous 9.94A.780 9.94A.800 9.94A.810 9.94A.820 9.94A.830 9.94A.833 9.94A.834 9.94A.835 9.94A.836 9.94A.837 9.94A.838 9.94A.839 9.94A.840 9.94A.843 9.94A.844 Next
Last modified: April 7, 2009