RCW 9.94A.839
297 words·~1 min read·
/wa/title-9/chapter-9-94a/9-94a-839·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)In a prosecution for a violation of RCW 9A.44.073 , 9A.44.076 , 9A.44.079 , 9A.44.083 , 9A.44.086 , or 9A.44.089 , or an anticipatory offense for a violation of RCW 9A.44.073 , 9A.44.076 , 9A.44.079 , 9A.44.083 , 9A.44.086 , or 9A.44.089 , committed on or after July 22, 2007, the prosecuting attorney may file a special allegation that the defendant engaged, agreed, offered, attempted, solicited another, or conspired to engage the victim in the sexual conduct in return for a fee, 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 by a reasonable and objective fact finder that the defendant engaged, agreed, offered, attempted, solicited another, or conspired to engage the victim in the sexual conduct in return for a fee.
(2)Once a special allegation has been made under this section, the state has the burden to prove beyond a reasonable doubt that the defendant engaged, agreed, offered, attempted, solicited another, or conspired to engage the victim in the sexual conduct in return for a fee. If a jury is had, the jury shall, if it finds the defendant guilty, also find a special verdict as to whether the defendant engaged, agreed, offered, attempted, solicited another, or conspired to engage the victim in the sexual conduct in exchange for a fee. If no jury is had, the court shall make a finding of fact as to whether the defendant engaged, agreed, offered, attempted, solicited another, or conspired to engage the victim in the sexual conduct in exchange for a fee.
(3)For purposes of this section, "sexual conduct" means sexual intercourse or sexual contact as defined in chapter 9A.44 RCW.
[ 2007 c 368 s 10 .]