Wash. Rev. Code » Title 13 · Chapter 13.40
Revised Code of Washington

Wash. Rev. Code § 13.40.135 (2026)

✓ current as of May 2026
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(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.
Notes of Decisions
Cited in 23 cases (1 in the last 5 years), 1992–2021 · leading case: State v. SMH, 887 P.2d 903 (Wash. Ct. App. 1995).
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State v. SMH, 887 P.2d 903 (Wash. Ct. App. 1995). · cites it 8× “argues that the sex offender registration statute does not apply to juveniles who are found to have committed an offense with sexual motivation under the juvenile sexual motivation statute, RCW 13.40.135. He alternatively argues that if he is required to register as a sex…”
State v. T.E.C., 92 P.3d 263 (Wash. Ct. App. 2004). · cites it 2× “The fact that the Assault in the Fourth Degree offense the respondent committed was committed with “sexual motivation,” pursuant to RCW 13.40.135, is a statutory aggravating *20 factor which would support the imposition of a manifest injustice disposition of 104 weeks.”
State v. S.M.H., 76 Wash. App. 550 (Wash. Ct. App. 1995). · cites it 8× “argues that the sex offender registration statute does not apply to juveniles who are found to have committed an offense with sexual motivation under the juvenile sexual motivation statute, RCW 13.40.135. He alternatively argues that if he is required to register as a sex…”
State v. Vars, 157 Wash. App. 482 (Wash. Ct. App. 2010). “Our Supreme Court disagreed: “Inherent in this subsection [RCW 13.40.135(2)] is the requirement that the finding of sexual motivation be based on some conduct forming part of the body of the underlying felony.”
State v. Patterson, 963 P.2d 436 (Kan. Ct. App. 1998). “See Wash. Rev. Code § 13.40.135 (1996). Patterson argues he received no sexual gratification from the act of stealing Bowman’s underwear; thus, under the Halstien rationale his act was not sexually motivated.”
State v. Harrington, 333 P.3d 410 (Wash. Ct. App. 2014). “The term “sexual motivation” within the meaning of RCW 13.40.135, the juvenile sexual motivation statute, was not unconstitutionally vague.”
State v. J.V., 132 P.3d 1116 (Wash. Ct. App. 2006). “ury to another; (ii) The offense was committed in an especially heinous, cruel, or depraved manner; (iii) The victim or victims were particularly vulnerable; (iv) The respondent has a recent criminal history or has failed to comply with conditions of a recent dispositional order…”
State v. K.H.-H., 353 P.3d 661 (Wash. Ct. App. 2015). “020(31) (2012); RCW 13.40.135. Because “assault” has not been defined by statute, Washington courts use three common law definitions of assault: “(1) an attempt, with unlawful force, to inflict bodily injury upon another; (2) an unlawful touching with criminal intent; and (3)…”
State v. Halstien, 829 P.2d 1145 (Wash. Ct. App. 1992). · cites it 4× “RCW 13.40.135 requires prosecutors to file an allegation of sexual motivation whenever the allegation is supported by sufficient credible evidence.”
State v. A.S., 65 P.3d 676 (Wash. Ct. App. 2003). · cites it 2× “14 Fourth degree assault is a gross misdemeanor, even when committed with sexual motivation as defined in RCW 13.40.135. 15 Thus, even though A.S. acted with sexual motivation and was found to be amenable to community-based treatment, his misdemeanor offense made him ineligible…”
State v. Parker, 915 P.2d 1174 (Wash. Ct. App. 1996). · cites it 2× “RCW 13.40.135, which sets forth the procedures for filing a special allegation of sexual motivation in certain juvenile cases, requires the State to prove beyond a reasonable doubt that the juvenile committed the offense with a sexual motivation and requires the court to make a…”
State v. Cheatham, 908 P.2d 381 (Wash. Ct. App. 1996). “130 following a finding of sexual motivation under RCW 13.40.135. 4 76 Wn. App. at 559. RCW 9A.”
Show all 23 citing cases →
— Wash. Rev. Code § 13.40.135(1) — 3 cases
State Of Washington v. Travis Martin Lear (Wash. Ct. App. 2016).
State Of Washington v. S.T.W. (Wash. Ct. App. 2017).
State Of Washington v. Michael Phillips (Wash. Ct. App. 2015).
— Wash. Rev. Code § 13.40.135(2) — 6 cases
State v. Vars, 157 Wash. App. 482 (Wash. Ct. App. 2010). “Our Supreme Court disagreed: “Inherent in this subsection [RCW 13.40.135(2)] is the requirement that the finding of sexual motivation be based on some conduct forming part of the body of the underlying felony.”
State v. Halstien, 829 P.2d 1145 (Wash. Ct. App. 1992). “RCW 13.40.135 requires prosecutors to file an allegation of sexual motivation whenever the allegation is supported by sufficient credible evidence.”
State v. Vars, 237 P.3d 378 (Wash. Ct. App. 2010).
State v. Parker, 915 P.2d 1174 (Wash. Ct. App. 1996). “RCW 13.40.135, which sets forth the procedures for filing a special allegation of sexual motivation in certain juvenile cases, requires the State to prove beyond a reasonable doubt that the juvenile committed the offense with a sexual motivation and requires the court to make a…”
State Of Washington v. Travis Martin Lear (Wash. Ct. App. 2016).
— Wash. Rev. Code § 13.40.135(3)(i)(iii) — 1 case
State Of Washington v. Dakoda Loomer (Wash. Ct. App. 2018).
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