RCW 9A.44.160Custodial sexual misconduct in the first degree.(1) A person is guilty of custodial sexual misconduct in the first degree when the person has sexual intercourse with another person:(a) When:(i) The victim is a resident of a state, county, or city adult or juvenile correctional facility, including but not limited to jails, prisons, detention centers, or work release facilities, or is under correctional supervision; and(ii) The perpetrator is an employee or contract personnel of a correctional agency and the perpetrator has, or the victim reasonably believes the perpetrator has, the ability to influence the terms, conditions, length, or fact of incarceration or correctional supervision; or(b) When the victim is being detained, under arrest, or in the custody of a law enforcement officer and the perpetrator is a law enforcement officer.(2) Consent of the victim is not a defense to a prosecution under this section.(3) Custodial sexual misconduct in the first degree is a class B felony.[ 2023 c 7 s 1; 1999 c 45 s 1.]NOTES:Short title—2023 c 7: 'This act may be known and cited as Kimberly Bender's law.' [ 2023 c 7 s 4.]
Washington Legal Code