2011 Washington Code
Title 9A Washington criminal code
9A.44 Sex offenses.
9A.44.128 Definitions applicable to RCW 9A.44.130 through 9A.44.145, 10.01.200, 43.43.540, 70.48.470, and72.09.330 .


     *** CHANGE IN 2011 *** (SEE 5203-S.SL) ***

For the purposes of RCW 9A.44.130 through 9A.44.145,10.01.200 , 43.43.540, 70.48.470, and 72.09.330, the following definitions apply:

     (1) "Business day" means any day other than Saturday, Sunday, or a legal local, state, or federal holiday.

     (2) "Conviction" means any adult conviction or juvenile adjudication for a sex offense or kidnapping offense.

     (3) "Disqualifying offense" means a conviction for: Any offense that is a felony; a sex offense as defined in this section; a crime against children or persons as defined in RCW 43.43.830(5) and 9.94A.411(2)(a); an offense with a domestic violence designation as provided in RCW 10.99.020; permitting the commercial sexual abuse of a minor as defined in RCW 9.68A.103; or any violation of chapter 9A.88 RCW.

     (4) "Employed" or "carries on a vocation" means employment that is full time or part time for a period of time exceeding fourteen days, or for an aggregate period of time exceeding thirty days during any calendar year. A person is employed or carries on a vocation whether the person's employment is financially compensated, volunteered, or for the purpose of government or educational benefit.

     (5) "Kidnapping offense" means:

     (a) The crimes of kidnapping in the first degree, kidnapping in the second degree, and unlawful imprisonment, as defined in chapter 9A.40 RCW, where the victim is a minor and the offender is not the minor's parent;

     (b) Any offense that is, under chapter 9A.28 RCW, a criminal attempt, criminal solicitation, or criminal conspiracy to commit an offense that is classified as a kidnapping offense under this subsection; and

     (c) Any federal or out-of-state conviction for: An offense for which the person would be required to register as a kidnapping offender while residing in the state of conviction; or, if not required to register in the state of conviction, an offense that under the laws of this state would be classified as a kidnapping offense under this subsection, unless a court in the person's state of conviction has made an individualized determination that the person should not be required to register.

     (6) "Sex offense" means:

     (a) Any offense defined as a sex offense by RCW 9.94A.030;

     (b) Any violation under RCW 9A.44.096 (sexual misconduct with a minor in the second degree);

     (c) Any violation under RCW 9.68A.090 (communication with a minor for immoral purposes);

     (d) Any federal or out-of-state conviction for: An offense for which the person would be required to register as a sex offender while residing in the state of conviction; or, if not required to register in the state of conviction, an offense that under the laws of this state would be classified as a sex offense under this subsection, unless a court in the person's state of conviction has made an individualized determination that the person should not be required to register; and

     (e) Any gross misdemeanor that is, under chapter 9A.28 RCW, a criminal attempt, criminal solicitation, or criminal conspiracy to commit an offense that is classified as a sex offense under RCW 9.94A.030 or this subsection.

     (7) "Student" means a person who is enrolled, on a full-time or part-time basis, in any public or private educational institution. An educational institution includes any secondary school, trade or professional institution, or institution of higher education.

[2010 c 267 § 1.]

Notes:

     Application -- 2010 c 267: "The provisions of this act apply to persons convicted before, on, or after June 10, 2010." [2010 c 267 § 15.]



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