HB 2310
In CommitteeHouse
Sexually motivated assault
Concerning criminal classification and penalties for sexually motivated assault in the fourth degree.
This status may be delayed. See Action History below for the latest updates.
How does a bill become law?
- Introduced: The bill is filed and assigned a number.
- Committee: A subject-matter committee holds hearings, takes public testimony, and decides whether to advance the bill.
- Floor Vote: The full chamber (House or Senate) debates and votes on the bill.
- Opposite Chamber: The bill repeats the committee and floor vote process in the other chamber.
- Governor: The Governor reviews the bill and decides whether to sign or veto it.
- Signed: The bill has been signed into law.
AI Analysis
This bill makes assault in the fourth degree with sexual motivation a class C felony—instead of a gross misdemeanor—when the offender has two or more prior convictions for sex offenses or sexually motivated assault within the past 10 years. It also clarifies how prior convictions from other jurisdictions count toward this enhancement.
- Creates a new sentencing enhancement: assault in the fourth degree with a finding of sexual motivation becomes a class C felony if the person has two or more prior adult convictions within 10 years for sex offenses, sexually motivated assault, or comparable out-of-state offenses.
- Expands the definition of 'intimate partner' to include people aged 16 or older in current or past dating relationships, aligning with existing domestic violence definitions.
- Clarifies that prior convictions used for sentencing enhancements can include out-of-state, tribal, or federal offenses that are similar to Washington’s sex offenses or sexually motivated assault.
- Amends RCW 9A.36.041 to add new subsection (4) and updates RCW 9.94A.515 to classify this enhanced offense as a class C felony on the seriousness of offense table.
Who is affected
- People convicted of sexually motivated assault in the fourth degree with prior related offenses — Individuals convicted of assault in the fourth degree who have two or more prior convictions for sex offenses or sexually motivated assault within the past 10 years will now face a class C felony instead of a gross misdemeanor, increasing potential prison time and registration requirements.
- Survivors of sexual assault — Victims of sexual assault may see increased legal recognition and accountability for repeat offenders, especially when prior sexually motivated crimes are part of the defendant's history.
- Judges, prosecutors, and court staff — Courts and prosecutors will need to track and apply new sentencing enhancements for sexually motivated assault, requiring updated training and case management.
- People on community custody or supervision — People on probation or parole may face stricter consequences if they commit sexually motivated assault, especially if they have prior convictions.
Pro/Con Analysis
Stronger case for concerns
Potential Concerns (5)
Increases prison sentences for repeat offenders of sexually motivated assault in the fourth degree, potentially reducing recidivism by incapacitating high-risk individuals and signaling stronger legal consequences for repeat sexual violence.
Public SafetyPeopleRef: Sec. 1, subsection (4)Clarifies that prior out-of-state, tribal, or federal convictions can count toward sentencing enhancements, improving consistency in tracking repeat offenders and reducing opportunities for offenders to evade consequences by moving jurisdictions.
Public SafetyPeopleRef: Sec. 1, subsection (4)Expands the definition of 'intimate partner' to include people aged 16+ in dating relationships, aligning with existing domestic violence definitions and ensuring broader legal protection for young adults in abusive relationships.
Public SafetyPeopleRef: Sec. 1, subsection (4)Increases state corrections and court costs due to longer sentences for repeat offenders, potentially diverting funds from prevention, rehabilitation, or community-based services that could more effectively reduce long-term recidivism.
Local GovernmentPeopleRef: Fiscal Impact sectionAdds administrative burden on courts and prosecutors to verify and apply out-of-state/tribal/federal prior convictions, which may strain limited resources and delay case resolution for all parties.
Local GovernmentPeopleRef: Fiscal Impact section
Who Is Most Affected
Individuals with two or more prior sex offense convictions who commit sexually motivated assault in the fourth degree will face significantly harsher penalties—including prison time and sex offender registration—reducing their ability to reoffend but increasing lifelong legal consequences.
Survivors may benefit from stronger legal accountability and recognition of patterned behavior, but could face retraumatization during longer, more complex trials and sentencing hearings.
Courts and prosecutors gain clearer statutory authority to track and apply sentencing enhancements, but must invest in training and data systems to verify prior convictions across jurisdictions—a cost likely passed to local governments.
People on supervision may face stricter consequences for new offenses, especially if prior convictions exist; this may increase compliance but also risk revocation and incarceration for technical violations.