Washington § 13.40.135 - Sexual motivation special allegation — Procedures.

Full text of Washington Revised Code of Washington § 13.40.135 — Sexual motivation special allegation — Procedures., with citation guidance and answers to common questions.

§ 13.40.135. Sexual motivation special allegation — Procedures.

(1) The prosecuting attorney shall file a special allegation of sexual motivation in every juvenile offense other than sex offenses as defined in RCW 9.94A.030 when sufficient admissible evidence exists, which, when considered with the most plausible, reasonably consistent defense that could be raised under the evidence, would justify a finding of sexual motivation by a reasonable and objective fact finder.
(2) In a juvenile case wherein there has been a special allegation the state shall prove beyond a reasonable doubt that the juvenile committed the offense with a sexual motivation. The court shall make a finding of fact of whether or not the sexual motivation was present at the time of the commission of the offense. This finding shall not be applied to sex offenses as defined in RCW 9.94A.030.
(3) The prosecuting attorney shall not withdraw the special allegation of "sexual motivation" without approval of the court through an order of dismissal. The court shall not dismiss the special allegation unless it finds that such an order is necessary to correct an error in the initial charging decision or unless there are evidentiary problems which make proving the special allegation doubtful.
[ 2009 c 28 s 33; 1997 c 338 s 23; 1990 c 3 s 604.]

Notes

Effective date—2009 c 28: See note following RCW 2.24.040.
Finding—Evaluation—Report—1997 c 338: See note following RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following RCW 5.60.060.
Effective date—Application—1990 c 3 ss 601-605: See note following RCW 9.94A.835.

Source: official Washington text · Last verified 2026-08-27

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Frequently Asked Questions About Washington § 13.40.135

What does Revised Code of Washington § 13.40.135 cover?

Section 13.40.135 ("Sexual motivation special allegation — Procedures.") is part of the Revised Code of Washington, the codified statutory law of Washington. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Washington § 13.40.135?

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No. This page is for research and education and may not include the most recent amendments. For official current law, check the Washington official source linked on this page or consult a licensed Washington attorney.

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