RCW 9.94A.836
Special allegation—Offense was predatory—Procedures.
(1) In a prosecution for rape of a child in the first degree, rape of a child in the second degree, or child molestation in the first degree, the prosecuting attorney shall file a special allegation that the offense was predatory whenever 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 offense was predatory, unless the prosecuting attorney determines, after consulting with a victim, that filing a special allegation under this section is likely to interfere with the ability to obtain a conviction.
(2) Once a special allegation has been made under this section, the state has the burden to prove beyond a reasonable doubt that the offense was predatory. If a jury is had, the jury shall, if it finds the defendant guilty, also find a special verdict as to whether the offense was predatory. If no jury is had, the court shall make a finding of fact as to whether the offense was predatory.
(3) The prosecuting attorney shall not withdraw a special allegation filed under this section without the approval of the court through an order of dismissal of the allegation. The court may not dismiss the special allegation unless it finds that the order is necessary to correct an error in the initial charging decision or that there are evidentiary problems that make proving the special allegation doubtful.
[ 2006 c 122 § 1.]
NOTES:
Effective date—2006 c 122 §§ 1-4 and 6: "Sections 1 through 4 and 6 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect immediately [March 20, 2006]." [ 2006 c 122 § 10.]
Structure Revised Code of Washington
Title 9 - Crimes and Punishments
Chapter 9.94A - Sentencing Reform Act of 1981.
9.94A.015 - Finding—Intent—2000 c 28.
9.94A.035 - Classification of felonies not in Title 9A RCW.
9.94A.171 - Tolling of term of confinement, supervision.
9.94A.190 - Terms of more than one year or less than one year—Where served—Reimbursement of costs.
9.94A.340 - Equal application.
9.94A.411 - Evidentiary sufficiency.
9.94A.421 - Plea agreements—Discussions—Contents of agreements.
9.94A.431 - Plea agreements—Information to court—Approval or disapproval—Sentencing judge not bound.
9.94A.441 - Plea agreements—Criminal history.
9.94A.450 - Plea dispositions.
9.94A.460 - Sentence recommendations.
9.94A.475 - Plea agreements and sentences for certain offenders—Public records.
9.94A.480 - Judgment and sentence document—Delivery to caseload forecast council.
9.94A.501 - Department must supervise specified offenders—Risk assessment of felony offenders.
9.94A.502 - Domestic violence risk assessment tool.
9.94A.506 - Standard sentence ranges—Limitations.
9.94A.507 - Sentencing of sex offenders.
9.94A.510 - Table 1—Sentencing grid.
9.94A.515 - Table 2—Crimes included within each seriousness level.
9.94A.517 - Table 3—Drug offense sentencing grid.
9.94A.518 - Table 4—Drug offenses seriousness level.
9.94A.520 - Offense seriousness level.
9.94A.530 - Standard sentence range.
9.94A.533 - Adjustments to standard sentences.
9.94A.535 - Departures from the guidelines.
9.94A.537 - Aggravating circumstances—Sentences above standard range.
9.94A.540 - Mandatory minimum terms.
9.94A.555 - Findings and intent—1994 c 1.
9.94A.561 - Offender notification and warning.
9.94A.562 - Court-ordered treatment—Required notices.
9.94A.565 - Governor's powers.
9.94A.570 - Persistent offenders.
9.94A.575 - Power to defer or suspend sentences abolished—Exceptions.
9.94A.580 - Specialized training.
9.94A.585 - Which sentences appealable—Procedure—Grounds for reversal—Written opinions.
9.94A.589 - Consecutive or concurrent sentences.
9.94A.595 - Anticipatory offenses.
9.94A.599 - Presumptive ranges that exceed the statutory maximum.
9.94A.603 - Felony alcohol violators—Treatment during incarceration—Conditions.
9.94A.607 - Chemical dependency.
9.94A.6331 - Sanctions—Where served.
9.94A.6332 - Sanctions—Which entity imposes.
9.94A.6333 - Sanctions—Modification of sentence—Noncompliance hearing.
9.94A.640 - Vacation of offender's record of conviction.
9.94A.647 - Resentencing—Persistent offenders—Robbery in the second degree.
9.94A.650 - First-time offender waiver.
9.94A.655 - Parenting sentencing alternative.
9.94A.6551 - Partial confinement as a part of a parenting program.
9.94A.660 - Drug offender sentencing alternative—Prison-based or residential alternative.
9.94A.662 - Prison-based drug offender sentencing alternative.
9.94A.664 - Residential substance use disorder treatment-based alternative.
9.94A.670 - Special sex offender sentencing alternative.
9.94A.680 - Alternatives to total confinement.
9.94A.690 - Work ethic camp program—Eligibility—Sentencing.
9.94A.695 - Mental health sentencing alternative.
9.94A.701 - Community custody—Offenders sentenced to the custody of the department.
9.94A.702 - Community custody—Offenders sentenced for one year or less.
9.94A.703 - Community custody—Conditions.
9.94A.704 - Community custody—Supervision by the department—Conditions.
9.94A.706 - Community custody—Possession of firearms, ammunition, or explosives prohibited.
9.94A.707 - Community custody—Commencement—Conditions.
9.94A.708 - Community custody—Mental health information—Access by department.
9.94A.709 - Community custody—Sex offenders—Conditions.
9.94A.711 - Community custody—Motor vehicle-related felonies—Sentencing—Report.
9.94A.716 - Community custody—Violations—Arrest.
9.94A.717 - Community custody—Supervision compliance credit.
9.94A.718 - Supervision of offenders—Peace officers have authority to assist.
9.94A.722 - Court-ordered treatment—Required disclosures.
9.94A.723 - Court-ordered treatment—Offender's failure to inform.
9.94A.725 - Offender work crews.
9.94A.728 - Release prior to expiration of sentence.
9.94A.7281 - Legislative declaration—Earned release time not an entitlement.
9.94A.729 - Earned release time—Risk assessments.
9.94A.731 - Term of partial confinement, work release, home detention.
9.94A.733 - Home detention—Graduated reentry program—Requirements for department.
9.94A.734 - Home detention—Conditions.
9.94A.735 - Home detention—Form order.
9.94A.740 - Community custody violators—Arrest, detention, financial responsibility.
9.94A.745 - Interstate compact for adult offender supervision.
9.94A.74502 - Compact administrator.
9.94A.74503 - Other compacts and agreements—Withdrawal from current compact.
9.94A.74504 - Supervision of transferred offenders—Processing transfer applications.
9.94A.74505 - Review of obligations under compact—Report to legislature.
9.94A.753 - Restitution—Application dates.
9.94A.760 - Legal financial obligations.
9.94A.7601 - "Earnings," "disposable earnings," and "obligee" defined.
9.94A.7602 - Legal financial obligation—Notice of payroll deduction—Issuance and content.
9.94A.7603 - Legal financial obligations—Payroll deductions—Maximum amounts withheld, apportionment.
9.94A.7605 - Motion to quash, modify, or terminate payroll deduction—Grounds for relief.
9.94A.7606 - Legal financial obligations—Order to withhold and deliver—Issuance and contents.
9.94A.7609 - Legal financial obligations—Notice of debt—Service or mailing—Contents—Action on, when.
9.94A.7701 - Legal financial obligations—Wage assignments—Petition or motion.
9.94A.7702 - Legal financial obligations—Wage assignments—Answer.
9.94A.7703 - Legal financial obligations—Wage assignments—Amounts to be withheld.
9.94A.7704 - Legal financial obligations—Wage assignments—Rules.
9.94A.7705 - Legal financial obligations—Wage assignments—Employer responsibilities.
9.94A.7706 - Legal financial obligations—Wage assignments—Form and rules.
9.94A.7707 - Legal financial obligations—Wage assignments—Service.
9.94A.7708 - Legal financial obligations—Wage assignments—Hearing—Scope of relief.
9.94A.7709 - Legal financial obligations—Wage assignments—Recovery of costs, attorneys' fees.
9.94A.772 - Legal financial obligations—Monthly payment, starting dates—Construction.
9.94A.775 - Legal financial obligations—Termination of supervision—Monitoring of payments.
9.94A.777 - Legal financial obligations—Defendants with mental health conditions.
9.94A.810 - Transition and relapse prevention strategies.
9.94A.820 - Sex offender treatment in the community.
9.94A.825 - Deadly weapon special verdict—Definition.
9.94A.827 - Methamphetamine—Manufacturing with child on premises—Special allegation.
9.94A.831 - Special allegation—Assault of law enforcement personnel with a firearm—Procedures.
9.94A.833 - Special allegation—Involving minor in felony offense—Procedures.
9.94A.834 - Special allegation—Endangerment by eluding a police vehicle—Procedures.
9.94A.835 - Special allegation—Sexual motivation—Procedures.
9.94A.836 - Special allegation—Offense was predatory—Procedures.
9.94A.837 - Special allegation—Victim was under fifteen years of age—Procedures.
9.94A.838 - Special allegation—Victim had diminished capacity—Procedures.
9.94A.839 - Special allegation—Sexual conduct with victim in return for a fee—Procedures.
9.94A.840 - Sex offenders—Release from total confinement—Notification of prosecutor.
9.94A.843 - Sex offenders—Release of information—Immunity.
9.94A.844 - Sex offenders—Discretionary decisions—Immunity.
9.94A.8445 - Community protection zones—Preemption of local regulations—Retrospective application.
9.94A.846 - Sex offenders—Release of information.
9.94A.865 - Standard sentence ranges—Revisions or modifications—Submission to legislature.
9.94A.8673 - Sex offender policy board—Membership—Expenses and compensation.
9.94A.868 - Sex offender policy board—Quarterly meetings.
9.94A.870 - Emergency due to inmate population exceeding correctional facility capacity.
9.94A.875 - Emergency in county jails population exceeding capacity.
9.94A.880 - Clemency and pardons board—Membership—Terms—Chair—Bylaws—Travel expenses—Staff.
9.94A.885 - Clemency and pardons board—Petitions for review—Hearing.
9.94A.890 - Abused victim—Resentencing for murder of abuser.
9.94A.921 - Effective date—2000 c 28.
9.94A.925 - Application—2003 c 379 §§ 13-27.
9.94A.926 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.