(1) For a defendant charged with rape of a child in the first degree, that the victim was at
least twelve, or was less than twenty-four months younger than the defendant;
(2) For a defendant charged with rape of a child in the second degree, that the victim was
at least fourteen, or was less than thirty-six months younger than the defendant;
(3) For a defendant charged with rape of a child in the third degree, that the victim was at
least sixteen, or was less than forty-eight months younger than the defendant;
(4) For a defendant charged with sexual misconduct with a minor in the first degree, that
the victim was at least eighteen, or was less than sixty months younger than the
defendant;
(5) For a defendant charged with child molestation in the first degree, that the victim was at
least twelve, or was less than thirty-six months younger than the defendant;
(6) For a defendant charged with child molestation in the second degree, that the victim
was at least fourteen, or was less than thirty-six months younger than the defendant;
(7) For a defendant charged with child molestation in the third degree, that the victim was
at least sixteen, or was less than thirty-six months younger than the defendant;
(8) For a defendant charged with sexual misconduct with a minor in the second degree, that
the victim was at least eighteen, or was less than sixty months younger than the
defendant.
(d) Voluntary intoxication is not a defense available under this Chapter.
8-4.05 Rape in the First Degree
(a) A person is guilty of rape in the first degree when such person engages in sexual intercourse
with another person by forcible compulsion where the perpetrator or an accessory:
1) uses or threatens to use a deadly weapon or what appears to be a deadly weapon;
2) kidnaps the victim;
3) inflicts serious physical injury; or
4) unlawfully enters into the building or vehicle where the victim is situated
(b) Rape in the first degree is a Class A offense
8-4.06 Rape in the Second Degree
(a) A person is guilty of rape in the second degree when, under circumstances not constituting rape
in the first degree, the person engages in sexual intercourse with another person:
1) by forcible compulsion;
2) when the victim is incapable of consent by reason of being physically helpless o[r]
mentally incapacitate[d]; or
3) when the victim is developmentally disabled and the perpetrator is a person who has
supervisory authority over the victim
(c) Rape in the second degree is a Class A offense.
8-4.07 Rape in the Third Degree
(a) A person is guilty of rape in the third degree when, under circumstances not constituting rape in
the first or second degrees, such person engages in sexual intercourse with another person:
1) when the victim did not consent as defined in 8-4.01 (a), to sexual intercourse with the
perpetrator and such lack of consent was clearly expressed by the victim’s words or
conduct; or
2) where there is threat of substantial unlawful harm to property rights of the victims
(b) Rape in the third degree is a Class B offense
8-4.08 Rape of a Child in the First Degree
(a) A person is guilty of rape of a child in the first degree when the person has sexual intercourse
with another who is less than 12 years old and not married to the perpetrator and the
perpetrator is at least 24 months older than the victim
(b) Rape of a child in the first degree is a Class A offense
8-4.09 Rape of a Child in the Second Degree
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Revised Spokane Law & Order Code, 5/14/2013