Search

Chapter 9A.40 RCW

KIDNAPPING, UNLAWFUL IMPRISONMENT, AND CUSTODIAL INTERFERENCE

RCW Sections

9A.40.010Definitions.
9A.40.020Kidnapping in the first degree.
9A.40.030Kidnapping in the second degree.
9A.40.040Unlawful imprisonment.
9A.40.060Custodial interference in the first degree.
9A.40.070Custodial interference in the second degree.
9A.40.080Custodial interference -- Assessment of costs -- Defense -- Consent defense, restricted.
9A.40.090Luring.
9A.40.100Trafficking.
9A.40.900Construction -- Chapter applicable to state registered domestic partnerships -- 2009 c 521.


9A.40.010
Definitions.


     *** CHANGE IN 2014 *** (SEE
6339-S.SL) ***

The following definitions apply in this chapter:

     (1) "Abduct" means to restrain a person by either (a) secreting or holding him or her in a place where he or she is not likely to be found, or (b) using or threatening to use deadly force.

     (2) "Commercial sex act" means any act of sexual contact or sexual intercourse for which something of value is given or received.

     (3) "Forced labor" means knowingly providing or obtaining labor or services of a person by: (a) Threats of serious harm to, or physical restraint against, that person or another person; or (b) means of any scheme, plan, or pattern intended to cause the person to believe that, if the person did not perform such labor or services, that person or another person would suffer serious harm or physical restraint.

     (4) "Involuntary servitude" means a condition of servitude in which the victim was forced to work by the use or threat of physical restraint or physical injury, or by the use of threat of coercion through law or legal process. For the purposes of this subsection, "coercion" has the same meaning as provided in RCW 9A.36.070.

     (5) "Relative" means an ancestor, descendant, or sibling, including a relative of the same degree through marriage or adoption, or a spouse.

     (6) "Restrain" means to restrict a person's movements without consent and without legal authority in a manner which interferes substantially with his or her liberty. Restraint is "without consent" if it is accomplished by (a) physical force, intimidation, or deception, or (b) any means including acquiescence of the victim, if he or she is a child less than sixteen years old or an incompetent person and if the parent, guardian, or other person or institution having lawful control or custody of him or her has not acquiesced.

     (7) "Serious harm" means any harm, whether physical or nonphysical, including psychological, financial, or reputational harm, that is sufficiently serious, under all the surrounding circumstances, to compel a reasonable person of the same background and in the same circumstances to perform or to continue performing labor, services, or a commercial sex act in order to avoid incurring that harm.

[2011 c 336 § 363; 2011 c 111 § 2; 1975 1st ex.s. c 260 § 9A.40.010.]

Notes:

     Reviser's note: (1) The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).

     (2) This section was amended by 2011 c 111 § 2 and by 2011 c 336 § 363, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).




9A.40.020
Kidnapping in the first degree.

(1) A person is guilty of kidnapping in the first degree if he or she intentionally abducts another person with intent:

     (a) To hold him or her for ransom or reward, or as a shield or hostage; or

     (b) To facilitate commission of any felony or flight thereafter; or

     (c) To inflict bodily injury on him or her; or

     (d) To inflict extreme mental distress on him, her, or a third person; or

     (e) To interfere with the performance of any governmental function.

     (2) Kidnapping in the first degree is a class A felony.

[2011 c 336 § 364; 1975 1st ex.s. c 260 § 9A.40.020.]




9A.40.030
Kidnapping in the second degree.

(1) A person is guilty of kidnapping in the second degree if he or she intentionally abducts another person under circumstances not amounting to kidnapping in the first degree.

     (2) In any prosecution for kidnapping in the second degree, it is a defense if established by the defendant by a preponderance of the evidence that (a) the abduction does not include the use of or intent to use or threat to use deadly force, and (b) the actor is a relative of the person abducted, and (c) the actor's sole intent is to assume custody of that person. Nothing contained in this paragraph shall constitute a defense to a prosecution for, or preclude a conviction of, any other crime.

     (3)(a) Except as provided in (b) of this subsection, kidnapping in the second degree is a class B felony.

     (b) Kidnapping in the second degree with a finding of sexual motivation under RCW
9.94A.835 or 13.40.135 is a class A felony.

[2003 c 53 § 65; 2001 2nd sp.s. c 12 § 356; 1975 1st ex.s. c 260 § 9A.40.030.]

Notes:

     Intent -- Effective date -- 2003 c 53: See notes following RCW 2.48.180.

     Intent -- Severability -- Effective dates -- 2001 2nd sp.s. c 12: See notes following RCW 71.09.250.

     Application -- 2001 2nd sp.s. c 12 §§ 301-363: See note following RCW 9.94A.030.




9A.40.040
Unlawful imprisonment.

(1) A person is guilty of unlawful imprisonment if he or she knowingly restrains another person.

     (2) Unlawful imprisonment is a class C felony.

[2011 c 336 § 365; 1975 1st ex.s. c 260 § 9A.40.040.]




9A.40.060
Custodial interference in the first degree.

(1) A relative of a child under the age of eighteen or of an incompetent person is guilty of custodial interference in the first degree if, with the intent to deny access to the child or incompetent person by a parent, guardian, institution, agency, or other person having a lawful right to physical custody of such person, the relative takes, entices, retains, detains, or conceals the child or incompetent person from a parent, guardian, institution, agency, or other person having a lawful right to physical custody of such person and:

     (a) Intends to hold the child or incompetent person permanently or for a protracted period; or

     (b) Exposes the child or incompetent person to a substantial risk of illness or physical injury; or

     (c) Causes the child or incompetent person to be removed from the state of usual residence; or

     (d) Retains, detains, or conceals the child or incompetent person in another state after expiration of any authorized visitation period with intent to intimidate or harass a parent, guardian, institution, agency, or other person having lawful right to physical custody or to prevent a parent, guardian, institution, agency, or other person with lawful right to physical custody from regaining custody.

     (2) A parent of a child is guilty of custodial interference in the first degree if the parent takes, entices, retains, detains, or conceals the child, with the intent to deny access, from the other parent having the lawful right to time with the child pursuant to a court-ordered parenting plan, and:

     (a) Intends to hold the child permanently or for a protracted period; or

     (b) Exposes the child to a substantial risk of illness or physical injury; or

     (c) Causes the child to be removed from the state of usual residence.

     (3) A parent or other person acting under the directions of the parent is guilty of custodial interference in the first degree if the parent or other person intentionally takes, entices, retains, or conceals a child, under the age of eighteen years and for whom no lawful custody order or parenting plan has been entered by a court of competent jurisdiction, from the other parent with intent to deprive the other parent from access to the child permanently or for a protracted period.

     (4) Custodial interference in the first degree is a class C felony.

[1998 c 55 § 1; 1994 c 162 § 1; 1984 c 95 § 1.]

Notes:

     Severability -- 1984 c 95: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1984 c 95 § 8.]




9A.40.070
Custodial interference in the second degree.

(1) A relative of a person is guilty of custodial interference in the second degree if, with the intent to deny access to such person by a parent, guardian, institution, agency, or other person having a lawful right to physical custody of such person, the relative takes, entices, retains, detains, or conceals the person from a parent, guardian, institution, agency, or other person having a lawful right to physical custody of such person. This subsection shall not apply to a parent's noncompliance with a court-ordered parenting plan.

     (2) A parent of a child is guilty of custodial interference in the second degree if: (a) The parent takes, entices, retains, detains, or conceals the child, with the intent to deny access, from the other parent having the lawful right to time with the child pursuant to a court-ordered parenting plan; or (b) the parent has not complied with the residential provisions of a court-ordered parenting plan after a finding of contempt under RCW
26.09.160(3); or (c) if the court finds that the parent has engaged in a pattern of willful violations of the court-ordered residential provisions.

     (3) Nothing in subsection (2)(b) of this section prohibits conviction of custodial interference in the second degree under subsection (2)(a) or (c) of this section in absence of findings of contempt.

     (4)(a) The first conviction of custodial interference in the second degree is a gross misdemeanor.

     (b) The second or subsequent conviction of custodial interference in the second degree is a class C felony.

[2003 c 53 § 66; 1989 c 318 § 2; 1984 c 95 § 2.]

Notes:

     Intent -- Effective date -- 2003 c 53: See notes following RCW 2.48.180.

     Severability -- 1989 c 318: See note following RCW 26.09.160.

     Severability -- 1984 c 95: See note following RCW 9A.40.060.




9A.40.080
Custodial interference — Assessment of costs — Defense — Consent defense, restricted.

(1) Any reasonable expenses incurred in locating or returning a child or incompetent person shall be assessed against a defendant convicted under RCW 9A.40.060 or 9A.40.070.

     (2) In any prosecution of custodial interference in the first or second degree, it is a complete defense, if established by the defendant by a preponderance of the evidence, that:

     (a) The defendant's purpose was to protect the child, incompetent person, or himself or herself from imminent physical harm, that the belief in the existence of the imminent physical harm was reasonable, and that the defendant sought the assistance of the police, sheriff's office, protective agencies, or the court of any state before committing the acts giving rise to the charges or within a reasonable time thereafter;

     (b) The complainant had, prior to the defendant committing the acts giving rise to the crime, for a protracted period of time, failed to exercise his or her rights to physical custody or access to the child under a court-ordered parenting plan or order granting visitation rights, provided that such failure was not the direct result of the defendant's denial of access to such person;

     (c) The acts giving rise to the charges were consented to by the complainant; or

     (d) The offender, after providing or making a good faith effort to provide notice to the person entitled to access to the child, failed to provide access to the child due to reasons that a reasonable person would believe were directly related to the welfare of the child, and allowed access to the child in accordance with the court order within a reasonable period of time. The burden of proof that the denial of access was reasonable is upon the person denying access to the child.

     (3) Consent of a child less than sixteen years of age or of an incompetent person does not constitute a defense to an action under RCW 9A.40.060 or 9A.40.070.

[1989 c 318 § 5; 1984 c 95 § 3.]

Notes:

     Severability -- 1989 c 318: See note following RCW 26.09.160.

     Severability -- 1984 c 95: See note following RCW 9A.40.060.

Child custody, action by relative: RCW 26.09.255.




9A.40.090
Luring.

A person commits the crime of luring if the person:

     (1)(a) Orders, lures, or attempts to lure a minor or a person with a developmental disability into any area or structure that is obscured from or inaccessible to the public, or away from any area or structure constituting a bus terminal, airport terminal, or other transportation terminal, or into a motor vehicle;

     (b) Does not have the consent of the minor's parent or guardian or of the guardian of the person with a developmental disability; and

     (c) Is unknown to the child or developmentally disabled person.

     (2) It is a defense to luring, which the defendant must prove by a preponderance of the evidence, that the defendant's actions were reasonable under the circumstances and the defendant did not have any intent to harm the health, safety, or welfare of the minor or the person with the developmental disability.

     (3) For purposes of this section:

     (a) "Minor" means a person under the age of sixteen;

     (b) "Person with a developmental disability" means a person with a developmental disability as defined in RCW
71A.10.020.

     (4) Luring is a class C felony.

[2012 c 145 § 1; 1995 c 156 § 1; 1993 c 509 § 1.]

Notes:

     Effective date -- 2012 c 145: "This act takes effect January 1, 2013." [2012 c 145 § 2.]




9A.40.100
Trafficking.


     *** CHANGE IN 2014 *** (SEE
1791-S.SL) ***

(1)(a) A person is guilty of trafficking in the first degree when:

     (i) Such person:

     (A) Recruits, harbors, transports, transfers, provides, obtains, buys, purchases, or receives by any means another person knowing, or in reckless disregard of the fact, that force, fraud, or coercion as defined in RCW 9A.36.070 will be used to cause the person to engage in forced labor, involuntary servitude, a sexually explicit act, or a commercial sex act, or that the person has not attained the age of eighteen years and is caused to engage in a sexually explicit act or a commercial sex act; or

     (B) Benefits financially or by receiving anything of value from participation in a venture that has engaged in acts set forth in (a)(i)(A) of this subsection; and

     (ii) The acts or venture set forth in (a)(i) of this subsection:

     (A) Involve committing or attempting to commit kidnapping;

     (B) Involve a finding of sexual motivation under RCW 9.94A.835;

     (C) Involve the illegal harvesting or sale of human organs; or

     (D) Result in a death.

     (b) Trafficking in the first degree is a class A felony.

     (2)(a) A person is guilty of trafficking in the second degree when such person:

     (i) Recruits, harbors, transports, transfers, provides, obtains, buys, purchases, or receives by any means another person knowing, or in reckless disregard of the fact, that force, fraud, or coercion as defined in RCW 9A.36.070 will be used to cause the person to engage in forced labor, involuntary servitude, a sexually explicit act, or a commercial sex act, or that the person has not attained the age of eighteen years and is caused to engaged [engage] in a sexually explicit act or a commercial sex act; or

     (ii) Benefits financially or by receiving anything of value from participation in a venture that has engaged in acts set forth in (a)(i) of this subsection.

     (b) Trafficking in the second degree is a class A felony.

     (3)(a) A person who is either convicted or given a deferred sentence or a deferred prosecution or who has entered into a statutory or nonstatutory diversion agreement as a result of an arrest for a violation of a trafficking crime shall be assessed a ten thousand dollar fee.

     (b) The court shall not reduce, waive, or suspend payment of all or part of the fee assessed in this section unless it finds, on the record, that the offender does not have the ability to pay the fee in which case it may reduce the fee by an amount up to two-thirds of the maximum allowable fee.

     (c) Fees assessed under this section shall be collected by the clerk of the court and remitted to the treasurer of the county where the offense occurred for deposit in the county general fund, except in cases in which the offense occurred in a city or town that provides for its own law enforcement, in which case these amounts shall be remitted to the treasurer of the city or town for deposit in the general fund of the city or town. Revenue from the fees must be used for local efforts to reduce the commercial sale of sex including, but not limited to, increasing enforcement of commercial sex laws.

     (i) At least fifty percent of the revenue from fees imposed under this section must be spent on prevention, including education programs for offenders, such as john school, and rehabilitative services, such as mental health and substance abuse counseling, parenting skills, training, housing relief, education, vocational training, drop-in centers, and employment counseling.

     (ii) Revenues from these fees are not subject to the distribution requirements under RCW 3.50.100, 3.62.020, 3.62.040, 10.82.070, or 35.20.220.

     (4) If the victim of any offense identified in this section is a minor, force, fraud, or coercion are not necessary elements of an offense and consent to the sexually explicit act or commercial sex act does not constitute a defense.

     (5) For purposes of this section:

     (a) "Commercial sex act" means any act of sexual contact or sexual intercourse, both as defined in chapter 9A.44 RCW, for which something of value is given or received by any person; and

     (b) "Sexually explicit act" means a public, private, or live photographed, recorded, or videotaped act or show intended to arouse or satisfy the sexual desires or appeal to the prurient interests of patrons for which something of value is given or received.

[2013 c 302 § 6. Prior: 2012 c 144 § 2; 2012 c 134 § 1; 2011 c 111 § 1; 2003 c 267 § 1.]

Notes:

     Effective date -- 2013 c 302: See note following RCW 9.68A.090.




9A.40.900
Construction — Chapter applicable to state registered domestic partnerships — 2009 c 521.

For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered domestic partnerships that have been terminated, dissolved, or invalidated, to the extent that such interpretation does not conflict with federal law. Where necessary to implement chapter 521, Laws of 2009, gender-specific terms such as husband and wife used in any statute, rule, or other law shall be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships.

[2009 c 521 § 23.]