{"data":{"id":"us-wa/rcw-9.94a.839","jurisdiction":"us-wa","citation":"RCW 9.94A.839","heading":"Special allegation—Sexual conduct with victim in return for a fee—Procedures.","body":"(1) In a prosecution for a violation of RCW 9A.44.073, 9A.44.076, 9A.44.079, 9A.44.083, 9A.44.086, or 9A.44.089, or an anticipatory offense for a violation of RCW 9A.44.073, 9A.44.076, 9A.44.079, 9A.44.083, 9A.44.086, or 9A.44.089, committed on or after July 22, 2007, the prosecuting attorney may file a special allegation that the defendant engaged, agreed, offered, attempted, solicited another, or conspired to engage the victim in the sexual conduct in return for a fee, when 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 defendant engaged, agreed, offered, attempted, solicited another, or conspired to engage the victim in the sexual conduct in return for a fee.\n(2) Once a special allegation has been made under this section, the state has the burden to prove beyond a reasonable doubt that the defendant engaged, agreed, offered, attempted, solicited another, or conspired to engage the victim in the sexual conduct in return for a fee. If a jury is had, the jury shall, if it finds the defendant guilty, also find a special verdict as to whether the defendant engaged, agreed, offered, attempted, solicited another, or conspired to engage the victim in the sexual conduct in exchange for a fee. If no jury is had, the court shall make a finding of fact as to whether the defendant engaged, agreed, offered, attempted, solicited another, or conspired to engage the victim in the sexual conduct in exchange for a fee.\n(3) For purposes of this section, \"sexual conduct\" means sexual intercourse or sexual contact as defined in chapter 9A.44 RCW.","path":["Title 9","Chapter 9.94A"],"source_url":"https://app.leg.wa.gov/rcw/default.aspx?cite=9.94A.839","current_through":"July 15, 2026","vintage":"","retrieved_at":"2026-09-06T00:48:27Z","sha256":"f7d8c6ebe2cafde620689fe5ba6c113cef8e0f1499c55cfde5906c5ca5d78fa7","source_id":"us-wa","stale":false,"prev":"us-wa/rcw-9.94a.838","next":"us-wa/rcw-9.94a.840"},"notice":"GroundRules: Original legal text. Not legal advice."}