The State of Washington classifies serious sex offenses as either Class A, B, or C felonies. The Crowley Law Firm has experience defending all major sex offenses in Washington State. The following list details the most common sex offenses in Washington State and their clasifications:

• Class A Felonies
• First and Second Degree Rape
• First Degree Child Molestation
• Indecent Liberties by forcible compulsion (see Class B Indecent Liberties for specific categories)

• Class B Felonies
• Second Degree Child Molestation
• First Degree Incest
• Sexual Exploitation of a Minor
• Promoting Commercial Sex Abuse of a Minor
• Communicating with a minor for immoral purposes – with previous felony sexual offense

Indecent Liberties without forcible compulsion – Class B

• Indecent Liberties – When victim is incapable of consent
• Indecent Liberties – When the victim is a person with a developmental disability
• Indecent Liberties – When the perpetrator is a health care provider, the victim is a client or patient,and the sexual contact occurs during a treatment session.
• Indecent Liberties – When the victim is a resident of a facility and has supervisory authority over the victim
• Indecent Liberties – When the victim is a frail elder or vulnerable adult

• Class C Felonies
• Third Degree Rape of a child
• Third degree child molestation
• First degree sexual misconduct with a minor
• Voyeurism
• Second degree incest
• First degree custodial sexual misconduct
• Dealing in depictions of minor engaged in sexually explicit conduct knowingly (develops, duplicates etc.)
• Dealing in depictions of minor engaged in sexually explicit conduct knowingly (possesses with intent to develop, duplicates etc.)
• Sending, bringing into state depictions of minor engaged in sexually explicit conduct
• Communicating with a minor for immoral purposes – with previous felony sexual offense
• Commercial sex abuse of a minor
• Promoting travel for commercial sex abuse of a minor

We believe that our clients should be represented with greater zeal and aggressiveness than the prosecution. Regardless of the allegations you are facing, and no matter if they are true or untrue, all defendants are “innocent until proven guilty” in the American justice system, and certainly in our eyes.

The courts and The Washington State Department of Corrections may require a convicted offender to conform to many regulations and restrictions. The following information is from the Department of Corrections website:

Rules For Sex Offenders With DOC Community Supervision

Sex offenders who are releasing(sic) from confinement with required Department of Corrections (DOC) supervision may be supervised in the community under strict rules designed to protect their victims, vulnerable people, the general public and the offender.

In addition to requiring sex offender registration, the courts, and the DOC can impose many conditions and requirements for the period of DOC supervision. Offenders may be required to report to a Community Corrections Officer (CCO) whose primary responsibility is to help offenders become law abiding citizens while holding the offenders accountable.

Supervision: Offenders must report to their CCO and be available for contact as directed and often must remain within specified geographic boundaries.

Registration: Sex and kidnapping offenders who are required by law to register must do so prior to leaving state, county or city confinement. They must follow up by registering in person within 24 hours of their release at their county sheriff’s office.

Living arrangements: Community corrections officers must approve sex offenders’residence and living arrangements. Offenders cannot move without permission. Generally, the release address of sex offenders is scrutinized to assess potential risk to the community and for the offender. Sex offenders often cannot own or control personal computers. If community corrections officers permit access to computers, they normally must have blocks that prevent access to specific sites. Offenders also cannot have contact with magazines, videos, telephone sites or anything else with pornographic content. Offenders must allow their community corrections officers to inspect every part of their homes.

Treatment: Many offenders must obtain psycho-sexual evaluations and treatment from state-certified sexual deviancy counselors. Those who are required to do so must authorize their CCO to monitor their progress in treatment. Typically, offenders are not permitted to change counselors without approval and they must submit to polygraph and plethysmograph (which measure sexual arousal) testing at their own expense at the direction of their therapist or CCO.

Alcohol and drugs: Offenders cannot purchase, possess or consume any mind or mood altering substances, including alcohol or drugs that haven’t been prescribed by doctors. They may have to undergo chemical dependency treatment and follow prescribed treatment, which may include Alcoholics Anonymous or other recovery meetings. Offenders are required to submit to urine and/or breathalyzer tests to monitor compliance. They also must submit to DNA and HIV testing.

Contact with potential victims: Often times offenders cannot have any contact, even by mail or through third parties, with past victims or victims’ families. The court may also order an offender to (not) have contact with members of the offenders’ families–including their own children. Contact with minors is monitored and managed.

Relationships: Offenders must disclose information about their conviction(s) to potential adult sexual partners before beginning sexual relationships. They also must inform their CCO of romantic relationships so they can ensure no potential child victims are accessible. Some offenders may be required by their CCO to disclose their criminal history to their families and friends.

Entertainment: Offenders cannot patronize any establishment in the sex industry, including topless dancing clubs, sex toy outlets or houses of prostitution.

Employment: Education, work and community service are encouraged but with review and management of any potential risk. Offenders must have safety plans to avoid reoffending.

Weapons: Felony offenders may not own, use or possess firearms or ammunition.

Financial obligations: Offenders may be required to pay restitution, supervision, child support and all other financial obligations.

Special Sex Offender Sentencing Alternatives, or SSOSA, is a sentencing alternative adopted by The State of Washington.  If an offender meets the guidelines provided by SSOSA, they may be able to serve a portion of their sentencing outside of custody while undergoing supervised treatment in a sexual deviancy treatment program.

SSOSA is periodically modified by the State Legislature regarding eligibility and treatment standards (an accused offender should seek counsel for current information) but the following summary briefly describes the program:

Offenders fall within certain categories of underlying convictions which qualify.  Not all offenders meet the eligibility requirements.  For instance, a defendant charged with First Degree Rape of a person they didn’t know does not qualify.  The King County Sexual Assault Resource Center details these eligibility requirements:

• Have no prior convictions of a felony sex offense.
• Have no adult convictions of a violent offense within the past 5 years.
• Plead guilty to the current crime(s).
• Have a prior relationship with the victim (aside from the sexual assault.)
• Be facing a sentence of no more than 132 months in custody.
• Be employed or have financial resources.
• Be safe to be in the community.
• Get an evaluation by a certified treatment provider. The provider will then determine if the defendant qualifies for treatment. As part of the evaluation, defendants must accept responsibility for the act(s), be motivated to change their behavior to minimize the risk to re-offend, and agree to have no contact with the victim(s).

The evaluation process can take a few months and victims are given the opportunity to discuss the evaluation and input into the prosecutor’s position on the sentence. At the sentencing hearing, the defense and prosecution can present arguments in favor or opposed to the sentence. The judge is required to take the victim’s position on the sentence into consideration. The Judge makes the final decision and either grants or denies the sentence.

Offenders receiving an SSOSA sentence can expect the treatment program to include:

• Individual and/or group counseling by a Washington State certified treatment provider
• Inclusion of the defendant’s family in the treatment process when appropriate
• Supervision or oversight by a Community Corrections Officer in addition to the treatment counselor

It’s important for the the person receiving the SSOSA sentence to do they’re utmost to have a successful treatment experience and comply with all requirements. Aside from losing the benefits of successful treatment, revocation of SSOSA due to non-compliance can result in a reinstatement of the original sentence.