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13.32A.070  <<  13.32A.080 >>   13.32A.082

RCW 13.32A.080

Unlawful harboring of a minor — Penalty — Defense — Prosecution of adult for involving child in commission of offense.

(1)(a) A person commits the crime of unlawful harboring of a minor if the person provides shelter to a minor without the consent of a parent of the minor and after the person knows that the minor is away from the home of the parent, without the parent's permission, and if the person intentionally:

     (i) Fails to release the minor to a law enforcement officer after being requested to do so by the officer; or

     (ii) Fails to disclose the location of the minor to a law enforcement officer after being requested to do so by the officer, if the person knows the location of the minor and had either taken the minor to that location or had assisted the minor in reaching that location; or

     (iii) Obstructs a law enforcement officer from taking the minor into custody; or

     (iv) Assists the minor in avoiding or attempting to avoid the custody of the law enforcement officer.

     (b) It is a defense to a prosecution under this section that the defendant had custody of the minor pursuant to a court order.

     (2) Unlawful harboring of a minor is punishable as a gross misdemeanor.

     (3) Any person who provides shelter to a child, absent from home, may notify the department's local community service office of the child's presence.

     (4) An adult responsible for involving a child in the commission of an offense may be prosecuted under existing criminal statutes including, but not limited to:

     (a) Distribution of a controlled substance to a minor, as defined in RCW 69.50.406;

     (b) Promoting prostitution as defined in chapter 9A.88 RCW; and

     (c) Complicity of the adult in the crime of a minor, under RCW 9A.08.020.

[2000 c 123 § 9; 1994 sp.s. c 7 § 507; 1981 c 298 § 6; 1979 c 155 § 22.]

Notes:

     Finding -- Intent -- Severability -- 1994 sp.s. c 7: See notes following RCW 43.70.540.

     Severability -- 1981 c 298: See note following RCW 13.32A.040.

     Effective date -- Severability -- 1979 c 155: See notes following RCW 13.04.011.