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

Wash. Rev. Code § 9.94A.836 (2026)

✓ current as of May 2026
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(1) In a prosecution for rape of a child in the first degree, rape of a child in the second degree, or child molestation in the first degree, the prosecuting attorney shall file a special allegation that the offense was predatory whenever sufficient admissible evidence exists, which, when considered with the most plausible, reasonably foreseeable defense that could be raised under the evidence, would justify a finding by a reasonable and objective fact finder that the offense was predatory, unless the prosecuting attorney determines, after consulting with a victim, that filing a special allegation under this section is likely to interfere with the ability to obtain a conviction.
(2) Once a special allegation has been made under this section, the state has the burden to prove beyond a reasonable doubt that the offense was predatory. If a jury is had, the jury shall, if it finds the defendant guilty, also find a special verdict as to whether the offense was predatory. If no jury is had, the court shall make a finding of fact as to whether the offense was predatory.
(3) The prosecuting attorney shall not withdraw a special allegation filed under this section without the approval of the court through an order of dismissal of the allegation. The court may not dismiss the special allegation unless it finds that the order is necessary to correct an error in the initial charging decision or that there are evidentiary problems that make proving the special allegation doubtful.
[ 2006 c 122 s 1.]

Notes:

Effective date—2006 c 122 ss 1-4 and 6: "Sections 1 through 4 and 6 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect immediately [March 20, 2006]." [ 2006 c 122 s 10.]
Notes of Decisions
Cited in 8 cases (2 in the last 5 years), 2011–2026 · leading case: State v. Rice, 159 Wash. App. 545 (Wash. Ct. App. 2011).
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State v. Rice, 159 Wash. App. 545 (Wash. Ct. App. 2011). · cites it 18× “837; (2) first degree child molestation, with a special allegation of being predatory under RCW 9.94A.836; and (3) two counts of third degree child rape.”
State v. Rice, 279 P.3d 849 (Wash. 2012). · cites it 8× “Her conduct was found to be predatory as charged in a special allegation under RCW 9.94A.836. She also abducted the same 10-year-old boy and was convicted of kidnapping with special allegations under RCW 9.”
State v. Rice, 246 P.3d 234 (Wash. Ct. App. 2011). · cites it 18× “837; (2) first degree child molestation, with a special allegation of being predatory under RCW 9.94A.836; and (3) two counts of third degree child rape.”
State Of Washington v. Travis Martin Lear (Wash. Ct. App. 2016). · cites it 7× “Lear's contentions that the predatory offense statute, RCW 9.94A.836, violates equal protection and is unconstitutionally vague are also without merit.”
State Of Washington v. Michael Phillips (Wash. Ct. App. 2015). · cites it 10× “The predatory offense statute challenged in this litigation, RCW 9.94A.836, adequately defines the conduct to which it applies and sets forth detailed charging predicates that guide a prosecutor's discretion.”
State Of Washington, V. Christopher R. Fitzgerald (Wash. Ct. App. 2026). · cites it 3× “In the information, the State included a special allegation under RCW 9.94A.836 that the crimes were predatory.”
State of Washington v. Lorenzo Jose Juarez (Wash. Ct. App. 2025). · cites it 2× “In the accompanying judgment and sentence, the court marked a box stating, “The crime in Count 1 was predatory, pursuant to RCW 9.94A.836.” CP at 55. As a condition of community custody, Juarez is required to “[s]ubmit to regular polygraph examinations about deviant sexual…”
State of Washington v. Richard Duane Bunch (Wash. Ct. App. 2013). “"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,…”
— Wash. Rev. Code § 9.94A.836(1) — 3 cases
State v. Rice, 159 Wash. App. 545 (Wash. Ct. App. 2011). “837; (2) first degree child molestation, with a special allegation of being predatory under RCW 9.94A.836; and (3) two counts of third degree child rape.”
State v. Rice, 279 P.3d 849 (Wash. 2012). “Her conduct was found to be predatory as charged in a special allegation under RCW 9.94A.836. She also abducted the same 10-year-old boy and was convicted of kidnapping with special allegations under RCW 9.”
State v. Rice, 246 P.3d 234 (Wash. Ct. App. 2011). “837; (2) first degree child molestation, with a special allegation of being predatory under RCW 9.94A.836; and (3) two counts of third degree child rape.”
— Wash. Rev. Code § 9.94A.836(3) — 2 cases
State v. Rice, 159 Wash. App. 545 (Wash. Ct. App. 2011). “837; (2) first degree child molestation, with a special allegation of being predatory under RCW 9.94A.836; and (3) two counts of third degree child rape.”
State v. Rice, 246 P.3d 234 (Wash. Ct. App. 2011). “837; (2) first degree child molestation, with a special allegation of being predatory under RCW 9.94A.836; and (3) two counts of third degree child rape.”
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