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

Wash. Rev. Code § 9.94A.837 (2026)

✓ current as of May 2026
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(1) In a prosecution for rape in the first degree, rape in the second degree, indecent liberties by forcible compulsion, or kidnapping in the first degree with sexual motivation, the prosecuting attorney shall file a special allegation that the victim of the offense was under fifteen years of age at the time of the offense 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 victim was under fifteen years of age at the time of the offense, 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 victim was under fifteen years of age at the time of the offense. If a jury is had, the jury shall, if it finds the defendant guilty, also find a special verdict as to whether the victim was under the age of fifteen at the time of the offense. If no jury is had, the court shall make a finding of fact as to whether the victim was under the age of fifteen at the time of the offense.
(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 2.]

Notes:

Effective date—2006 c 122 ss 1-4 and 6: See note following RCW 9.94A.836.
Notes of Decisions
Cited in 6 cases, 2011–2016 · leading case: State v. Rice, 279 P.3d 849 (Wash. 2012).
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State v. Rice, 279 P.3d 849 (Wash. 2012). · cites it 5× “835 (sexual motivation) and RCW 9.94A.837 (victim under 15 years of age); (2) child molestation in the first degree, with a special allegation under RCW 9.”
State v. Rice, 159 Wash. App. 545 (Wash. Ct. App. 2011). · cites it 8× “835 (2006) and a victim less than 15 years old under RCW 9.94A.837; (2) first degree child molestation, with a special allegation of being predatory under RCW 9.”
State v. Albarran, 383 P.3d 1037 (Wash. 2016). · cites it 5× “With respect to the second degree rape charge, the State also charged the special aggravating factor that the rape involved a victim under age 15 (RCW 9.94A.837). This aggravating factor carried a mandatory minimum term of 25 years in this case.”
State v. Rice, 246 P.3d 234 (Wash. Ct. App. 2011). · cites it 8× “835 (2006) and a victim less than 15 years old under RCW 9.94A.837; (2) first degree child molestation, with a special allegation of being predatory under RCW 9.”
State v. Albarran (Wash. 2016). · cites it 4× “CONCLUSION The general-specific rule is a means of answering the question, Did the legislature intend to give the prosecutor discretion to charge a more serious crime when the conduct at issue is fully described by a statute defining a less serious crime? But here we have a much…”
State Of Washington v. Manuel Juarez-garcia (Wash. Ct. App. 2014). · cites it 4× “See RCW 9.94A.837. 2A trial court may impose an exceptional sentence where a jury finds beyond a reasonable doubt that "[t]he offense resulted in the pregnancy of a child victim of rape.”
— Wash. Rev. Code § 9.94A.837(1) — 3 cases
State v. Albarran, 383 P.3d 1037 (Wash. 2016). “With respect to the second degree rape charge, the State also charged the special aggravating factor that the rape involved a victim under age 15 (RCW 9.94A.837). This aggravating factor carried a mandatory minimum term of 25 years in this case.”
State v. Rice, 279 P.3d 849 (Wash. 2012). “835 (sexual motivation) and RCW 9.94A.837 (victim under 15 years of age); (2) child molestation in the first degree, with a special allegation under RCW 9.”
State v. Albarran (Wash. 2016). “CONCLUSION The general-specific rule is a means of answering the question, Did the legislature intend to give the prosecutor discretion to charge a more serious crime when the conduct at issue is fully described by a statute defining a less serious crime? But here we have a much…”
— Wash. Rev. Code § 9.94A.837(2) — 1 case
State Of Washington v. Manuel Juarez-garcia (Wash. Ct. App. 2014). “See RCW 9.94A.837. 2A trial court may impose an exceptional sentence where a jury finds beyond a reasonable doubt that "[t]he offense resulted in the pregnancy of a child victim of rape.”
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