Wash. Rev. Code » Title 9 · Chapter 9.94A
Revised Code of Washington

Wash. Rev. Code § 9.94A.507 (2026)

Sentencing of sex offenders

✓ current as of May 2026
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(1) An offender who is not a persistent offender shall be sentenced under this section if the offender:
(a) Is convicted of:
(i) Rape in the first degree, rape in the second degree, rape of a child in the first degree, child molestation in the first degree, rape of a child in the second degree, or indecent liberties by forcible compulsion;
(ii) Any of the following offenses with a finding of sexual motivation: Murder in the first degree, murder in the second degree, homicide by abuse, kidnapping in the first degree, kidnapping in the second degree, assault in the first degree, assault in the second degree, assault of a child in the first degree, assault of a child in the second degree, or burglary in the first degree; or
(iii) An attempt to commit any crime listed in this subsection (1)(a); or
(b) Has a prior conviction for an offense listed in *RCW 9.94A.030(37)(b), and is convicted of any sex offense other than failure to register.
(2) An offender convicted of rape of a child in the first or second degree or child molestation in the first degree who was seventeen years of age or younger at the time of the offense shall not be sentenced under this section.
(3)(a) Upon a finding that the offender is subject to sentencing under this section, the court shall impose a sentence to a maximum term and a minimum term.
(b) The maximum term shall consist of the statutory maximum sentence for the offense.
(c)(i) Except as provided in (c)(ii) of this subsection, the minimum term shall be either within the standard sentence range for the offense, or outside the standard sentence range pursuant to RCW 9.94A.535, if the offender is otherwise eligible for such a sentence.
(ii) If the offense that caused the offender to be sentenced under this section was rape of a child in the first degree, rape of a child in the second degree, or child molestation in the first degree, and there has been a finding that the offense was predatory under RCW 9.94A.836, the minimum term shall be either the maximum of the standard sentence range for the offense or twenty-five years, whichever is greater. If the offense that caused the offender to be sentenced under this section was rape in the first degree, rape in the second degree, indecent liberties by forcible compulsion, or kidnapping in the first degree with sexual motivation, and there has been a finding that the victim was under the age of fifteen at the time of the offense under RCW 9.94A.837, the minimum term shall be either the maximum of the standard sentence range for the offense or twenty-five years, whichever is greater. If the offense that caused the offender to be sentenced under this section is rape in the first degree, rape in the second degree with forcible compulsion, indecent liberties with forcible compulsion, or kidnapping in the first degree with sexual motivation, and there has been a finding under RCW 9.94A.838 that the victim was, at the time of the offense, developmentally disabled, mentally disordered, or a frail elder or vulnerable adult, the minimum sentence shall be either the maximum of the standard sentence range for the offense or twenty-five years, whichever is greater.
(d) The minimum terms in (c)(ii) of this subsection do not apply to a juvenile tried as an adult pursuant to RCW 13.04.030(1)(e) (i) or (v). The minimum term for such a juvenile shall be imposed under (c)(i) of this subsection.
(4) A person sentenced under subsection (3) of this section shall serve the sentence in a facility or institution operated, or utilized under contract, by the state.
(5) When a court sentences a person to the custody of the department under this section, the court shall, in addition to the other terms of the sentence, sentence the offender to community custody under the supervision of the department and the authority of the board for any period of time the person is released from total confinement before the expiration of the maximum sentence.
(6)(a) As part of any sentence under this section, the court shall also require the offender to comply with any conditions imposed by the board under RCW 9.95.420 through 9.95.435.
(b) An offender released by the board under RCW 9.95.420 is subject to the supervision of the department until the expiration of the maximum term of the sentence. The department shall monitor the offender's compliance with conditions of community custody imposed by the court, department, or board, and promptly report any violations to the board. Any violation of conditions of community custody established or modified by the board are subject to the provisions of RCW 9.95.425 through 9.95.440.
[ 2025 c 58 s 1002; 2008 c 231 s 33. Prior: 2006 c 124 s 3; (2006 c 124 s 2 expired July 1, 2006); 2006 c 122 s 5; (2006 c 122 s 4 expired July 1, 2006); 2005 c 436 s 2; 2004 c 176 s 3; prior: 2001 2nd sp.s. c 12 s 303. Formerly RCW 9.94A.712.]

Notes:

Reviser's note: *(1) RCW 9.94A.030 was amended by 2024 c 306 s 2, changing subsection (37) to subsection (38), effective January 1, 2026.
(2) This section was recodified pursuant to the direction found in section 56(4), chapter 231, Laws of 2008.
(3) 2005 c 436 s 6 (an expiration date section) was repealed by 2006 c 131 s 2.
Explanatory note—2025 c 58: See note following RCW 1.16.050.
Intent—Application—Application of repealers—Effective date—2008 c 231: See notes following RCW 9.94A.701.
Severability—2008 c 231: See note following RCW 9.94A.500.
Expiration date—2006 c 124 s 2: "Section 2 of this act expires July 1, 2006." [ 2006 c 124 s 4.]
Effective date—2006 c 124: See note following RCW 9.94A.030.
Effective date—2006 c 122 ss 5 and 7: "Sections 5 and 7 of this act take effect July 1, 2006." [ 2006 c 122 s 9.]
Expiration date—2006 c 122 ss 4 and 6: "Sections 4 and 6 of this act expire July 1, 2006." [ 2006 c 122 s 8.]
Effective date—2006 c 122 ss 1-4 and 6: See note following RCW 9.94A.836.
Severability—Effective date—2004 c 176: See notes following RCW 9.94A.515.
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 ss 301-363: See note following RCW 9.94A.030.
Notes of Decisions
Cited in 165 cases (84 in the last 5 years), 2010–2026 · leading case: State Of Washington, V Brian W. Buckman, 381 P.3d 79 (Wash. Ct. App. 2016).
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State Of Washington, V Brian W. Buckman, 381 P.3d 79 (Wash. Ct. App. 2016). · cites it 21× “¶5 The trial court imposed a special sex offender sentencing alternative (SSOSA), RCW 9.”
State of Washington v. Kevin Arther Peters, 455 P.3d 141 (Wash. Ct. App. 2019). · cites it 3× “Peters age,” is to “prohibit the offender from residing in a community protection zone.” RCW 9.”
In re the Postsentence Review of Hudgens, 156 Wash. App. 411 (Wash. Ct. App. 2010). · cites it 9× “In October 2008, Jeremy Hudgens pleaded guilty to third degree rape of child, a class C felony.”
State Of Washington, V. Navin Avery Milko, 505 P.3d 1251 (Wash. Ct. App. 2022). · cites it 7× “Relevant here, these sex offenses include first degree rape and attempted first degree rape.”
State v. Albarran, 383 P.3d 1037 (Wash. 2016). · cites it 3× “021 (statutory maximum for class A felony committed after July 1, 1984, is life imprisonment); RCW 9A.44-.076(2) (rape of a child in the second degree is class A felony), .”
People v. Benton, 817 N.W.2d 599 (Mich. Ct. App. 2011). “1; Wash Rev Code 9.94A.507; W Va Code 61-8B-3(c); Wis Stat 939.”
State v. Friedlund, 341 P.3d 280 (Wash. 2015). · cites it 2× “First degree rape of a child is subject to the indeterminate sentencing provisions of RCW 9.94A.507. That statute requires trial courts to sentence offenders to a range of imprisonment consisting of a maximum and a minimum term, with the maximum term set at the statutory maximum…”
In re Pers. Restraint of Ansell, 533 P.3d 875 (Wash. 2023). · cites it 2× “RCW 9.94A.507(3). These indeterminate sentences include community custody, which is required for any period of time between the release from total confinement and the expiration of the maximum sentence.”
State v. Slattum, 295 P.3d 788 (Wash. Ct. App. 2013). · cites it 2× “633(2)(f), an offender sentenced to an indeterminate sentence pursuant to RCW 9.94A.507 may be transferred to a more restrictive confinement status for a violation of community custody and will receive credit for time served while on community custody.”
State v. Buck, 544 P.3d 506 (Wash. 2024). · cites it 4× “701(1)(a), which states that “[a sentencing] court shall, in addition to the other terms of the sentence, sentence the offender to community custody for three years” for “sex offense[s] not sentenced under RCW 9.94A.507.” Buck was convicted of Felony Failure to Register, and…”
State v. Rice, 279 P.3d 849 (Wash. 2012). “122, § 5), recodified as RCW 9.94A.507 (Laws of 2008, ch. 231, § 56).”
State Of Washington, V. Joel Duane Zwald, 555 P.3d 467 (Wash. Ct. App. 2024). · cites it 2× “540 does not authorize a mandatory minimum sentence for second degree child rape, RCW 9.94A.507(1)(a)(i) mandates an indeterminate sentence for the charge, and RCW 9.”
Show all 165 citing cases →
— Wash. Rev. Code § 9.94A.507(1) — 3 cases
State of Washington v. Curtis Brian Fisher (Wash. Ct. App. 2024).
State Of Washington v. Richard S. Martell (Wash. Ct. App. 2017).
Pers. Restraint Petition Of: Derrius Forcha-williams (Wash. Ct. App. 2021).
— Wash. Rev. Code § 9.94A.507(1)(a) — 5 cases
State of Washington v. Kevin Arther Peters, 455 P.3d 141 (Wash. Ct. App. 2019). “Peters age,” is to “prohibit the offender from residing in a community protection zone.” RCW 9.”
State v. Snedden, 271 P.3d 298 (Wash. Ct. App. 2012).
State Of Washington, Resp/x-app. V. Anthony L. Ludlow, App/x-resp. (Wash. Ct. App. 2025).
State of Washington v. Jasper James Nelson (Wash. Ct. App. 2024).
State Of Washington v. Nghia H. Nguyen (Wash. Ct. App. 2020).
— Wash. Rev. Code § 9.94A.507(1)(a)(i) — 20 cases
State Of Washington, V. Joel Duane Zwald, 555 P.3d 467 (Wash. Ct. App. 2024). “540 does not authorize a mandatory minimum sentence for second degree child rape, RCW 9.94A.507(1)(a)(i) mandates an indeterminate sentence for the charge, and RCW 9.”
State Of Washington, V. Navin Avery Milko, 505 P.3d 1251 (Wash. Ct. App. 2022). “Relevant here, these sex offenses include first degree rape and attempted first degree rape.”
State Of Washington, V. Harlan W. Blackburn (Wash. Ct. App. 2026).
Pers. Restraint Petition Of Kyle Christopher Buckingham (Wash. Ct. App. 2017).
In the Matter of the Pers. Restraint of Eric Devin Cain (Wash. Ct. App. 2020).
— Wash. Rev. Code § 9.94A.507(1)(a)(ii) — 2 cases
State of Washington v. Luis Alberto Luna Landeros (Wash. Ct. App. 2018).
State Of Washington, / Cross- App. v. Jeffrey Michael Kinzle, / Cross-res. (Wash. Ct. App. 2013).
— Wash. Rev. Code § 9.94A.507(1)(a)(iii) — 1 case
Prp Of Michael L. Mcleod (Wash. Ct. App. 2024).
— Wash. Rev. Code § 9.94A.507(1)(b) — 5 cases
In Re Hudgens, 233 P.3d 566 (Wash. Ct. App. 2010).
State Of Washington v. Richard S. Martell (Wash. Ct. App. 2017).
Pers. Restraint Petition Of Joshua Hensley (Wash. Ct. App. 2017).
Psr Of Casey R. Woodson (Wash. Ct. App. 2018).
State Of Washington v. Nghia H. Nguyen (Wash. Ct. App. 2020).
— Wash. Rev. Code § 9.94A.507(2) — 11 cases
State Of Washington, V Brian W. Buckman, 381 P.3d 79 (Wash. Ct. App. 2016). “¶5 The trial court imposed a special sex offender sentencing alternative (SSOSA), RCW 9.”
State Of Washington, V. Brandon William Harm (Wash. Ct. App. 2024).
Prp Of Zane Edward Jack Zanassi Fna Payton Z. Duffey (Wash. Ct. App. 2024).
Prp Of Zane Edward Jack Zanassi Fna Payton Z. Duffey (Wash. Ct. App. 2024).
Prp Of Zane Edward Jack Zanassi Fna Payton Z. Duffey (Wash. Ct. App. 2024).
— Wash. Rev. Code § 9.94A.507(2008) — 1 case
State Of Washington, V. John Michael Sanchez (Wash. Ct. App. 2026).
— Wash. Rev. Code § 9.94A.507(3) — 10 cases
In re Pers. Restraint of Ansell, 533 P.3d 875 (Wash. 2023). “RCW 9.94A.507(3). These indeterminate sentences include community custody, which is required for any period of time between the release from total confinement and the expiration of the maximum sentence.”
In the Matter of the Pers. Restraint of Ethan Noble Burlingame, 416 P.3d 1269 (Wash. Ct. App. 2018).
State Of Washington, V. Anthony Joseph Pascuzzi, 541 P.3d 415 (Wash. Ct. App. 2024).
In Re The Pers. Restraint Petition Of Fredi Guadarrama Ivanez (Wash. Ct. App. 2025).
State Of Washington v. John Thomas Tyler (Wash. Ct. App. 2020).
— Wash. Rev. Code § 9.94A.507(3)(a) — 16 cases
State v. Friedlund, 341 P.3d 280 (Wash. 2015). “First degree rape of a child is subject to the indeterminate sentencing provisions of RCW 9.94A.507. That statute requires trial courts to sentence offenders to a range of imprisonment consisting of a maximum and a minimum term, with the maximum term set at the statutory maximum…”
State Of Washington, V. Navin Avery Milko, 505 P.3d 1251 (Wash. Ct. App. 2022). “Relevant here, these sex offenses include first degree rape and attempted first degree rape.”
State Of Washington, V Brian W. Buckman, 381 P.3d 79 (Wash. Ct. App. 2016). “¶5 The trial court imposed a special sex offender sentencing alternative (SSOSA), RCW 9.”
State Of Washington, V Anthony Denatale (Wash. Ct. App. 2018).
State Of Washington v. Sergio Stuardo Monroy (Wash. Ct. App. 2020).
— Wash. Rev. Code § 9.94A.507(3)(b) — 18 cases
State v. Albarran, 383 P.3d 1037 (Wash. 2016). “021 (statutory maximum for class A felony committed after July 1, 1984, is life imprisonment); RCW 9A.44-.076(2) (rape of a child in the second degree is class A felony), .”
State v. Albarran (Wash. 2016).
State Of Washington, Respondent/cr-appellant v. Jericho Hanmmerquist, Appellant/cr-respondent (Wash. Ct. App. 2018).
State Of Washington, V Anthony Denatale (Wash. Ct. App. 2018).
State Of Washington v. Cliff Jones (Wash. Ct. App. 2019).
— Wash. Rev. Code § 9.94A.507(3)(c) — 2 cases
State Of Washington v. John Thomas Tyler (Wash. Ct. App. 2020).
State Of Washington, V Anthony Denatale (Wash. Ct. App. 2018).
— Wash. Rev. Code § 9.94A.507(3)(c)(i) — 10 cases
State Of Washington, V. Navin Avery Milko, 505 P.3d 1251 (Wash. Ct. App. 2022). “Relevant here, these sex offenses include first degree rape and attempted first degree rape.”
State Of Washington, V Anthony Denatale (Wash. Ct. App. 2018).
State Of Washington v. Cliff Jones (Wash. Ct. App. 2019).
State Of Washington v. Sergio Stuardo Monroy (Wash. Ct. App. 2020).
State Of Washington, V Jeffrey L. Butterfield (Wash. Ct. App. 2021).
— Wash. Rev. Code § 9.94A.507(3)(c)(ii) — 6 cases
State v. Albarran, 383 P.3d 1037 (Wash. 2016). “021 (statutory maximum for class A felony committed after July 1, 1984, is life imprisonment); RCW 9A.44-.076(2) (rape of a child in the second degree is class A felony), .”
State v. Graham, 337 P.3d 319 (Wash. 2014).
State v. Albarran (Wash. 2016).
State of Washington v. James Ellis Parrill (Wash. Ct. App. 2024).
State Of Washington v. Manuel Juarez-garcia (Wash. Ct. App. 2014).
— Wash. Rev. Code § 9.94A.507(4) — 1 case
State Of Washington, Resp/cross-app V. Hussein S. Ali, App/cross-resp. (Wash. Ct. App. 2023).
— Wash. Rev. Code § 9.94A.507(5) — 19 cases
In re Pers. Restraint of Ansell, 533 P.3d 875 (Wash. 2023). “RCW 9.94A.507(3). These indeterminate sentences include community custody, which is required for any period of time between the release from total confinement and the expiration of the maximum sentence.”
State Of Washington, V. Joel Duane Zwald, 555 P.3d 467 (Wash. Ct. App. 2024). “540 does not authorize a mandatory minimum sentence for second degree child rape, RCW 9.94A.507(1)(a)(i) mandates an indeterminate sentence for the charge, and RCW 9.”
In the Matter of the Pers. Restraint of Ethan Noble Burlingame, 416 P.3d 1269 (Wash. Ct. App. 2018).
State of Washington v. Gerald Scott Complita (Wash. Ct. App. 2019).
State Of Washington v. Jorge L. Dominguez Vera (Wash. Ct. App. 2021).
— Wash. Rev. Code § 9.94A.507(6) — 2 cases
In re the Postsentence Review of Hudgens, 156 Wash. App. 411 (Wash. Ct. App. 2010). “In October 2008, Jeremy Hudgens pleaded guilty to third degree rape of child, a class C felony.”
In Re Hudgens, 233 P.3d 566 (Wash. Ct. App. 2010).
— Wash. Rev. Code § 9.94A.507(6)(a) — 2 cases
In the Matter of the Pers. Restraint of Eric Devin Cain (Wash. Ct. App. 2020).
Carr v. Bennett (W.D. Wash. 2024).
— Wash. Rev. Code § 9.94A.507(6)(b) — 5 cases
State v. Slattum, 295 P.3d 788 (Wash. Ct. App. 2013). “633(2)(f), an offender sentenced to an indeterminate sentence pursuant to RCW 9.94A.507 may be transferred to a more restrictive confinement status for a violation of community custody and will receive credit for time served while on community custody.”
In Re Hudgens, 233 P.3d 566 (Wash. Ct. App. 2010).
In the Matter of the Pers. Restraint of Eric Devin Cain (Wash. Ct. App. 2020).
In the Matter of the Pers. Restraint of: Aryn Danielle Amor (Wash. Ct. App. 2025).
State Of Washington, V Osmar Guillen-vazquez (Wash. Ct. App. 2015).
— Wash. Rev. Code § 9.94A.507(l)(a)(i) — 1 case
State v. J.C., 366 P.3d 455 (Wash. Ct. App. 2016).
— Wash. Rev. Code § 9.94A.507(l)(b) — 1 case
In re the Postsentence Review of Hudgens, 156 Wash. App. 411 (Wash. Ct. App. 2010). “In October 2008, Jeremy Hudgens pleaded guilty to third degree rape of child, a class C felony.”
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