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What is a disqualifying sex offense under Washington law?

Under Washington law, you will not be able to terminate your obligation to register as a sex offender in if you have been convicted of a disqualifying offense within a certain period of time of filing your petition.  

Under RCW 9A.44.128, a disqualifying offense means any of the following crimes:

  • Any sex offense
  • Any domestic violence offense
  • Any crime against a person 
  • Any crime related to indecent exposure and prostitution
  • Two (2) or more convictions for failing to register as a sex offender
  • The crime of permitting commercial sexual abuse of a minor

Crimes Against Persons

RCW 43.43.830(7) lists all crimes against persons under Washington law, which include

  • Aggravated Murder
  • Murder in the first degree
  • Murder in the second degree
  • Manslaughter in the first degree
  • Manslaughter in the second degree
  • Vehicular homicide
  • Rape in the first degree
  • Rape in the second degree
  • Rape in the third degree
  • Rape of a child in the first degree
  • Rape of a child in the second degree
  • Rape of a child in the third degree
  • Burglary in the first degree
  • Robbery in the first degree
  • Robbery in the second degree
  • Kidnapping in the first degree
  • Kidnapping in the second degree
  • Arson in the first degree
  • Assault in the first degree
  • Assault in the second degree
  • Assault in the third degree
  • Assault of a child in the first degree
  • Assault of a child in the second degree
  • Assault of a child in the third degree
  • Extortion in the first degree
  • Extortion in the second degree
  • Indecent liberties
  • Unlawful imprisonment
  • Criminal mistreatment in the first degree
  • Criminal mistreatment in the second degree
  • Endangerment with a controlled substance
  • Sexual misconduct with a minor in the first degree
  • Sexual misconduct with a minor in the second degree
  • Selling or distributing erotic material to a minor
  • Violation of a child abuse restraining order

Crimes Against Property

RCW 9.94A.411 lists all crimes against property under Washington law.  They include:

  • Burglary in the second degree
  • Theft in the first degree
  • Theft in the second degree
  • Arson in the second degree
  • Escape in the first degree
  • Escape in the second degree
  • Perjury in the first degree
  • Perjury in the second degree
  • Malicious mischief in the first degree
  • Malicious mischief in the second degree
  • Possession of stolen property in the first degree
  • Possessing of stolen property in the second degree
  • Reckless burning in the first degree
  • Bribery
  • Taking a Motor Vehicle without permission

Indecent Exposure / Prostitution

Any crime found under RCW 9A.88 counts as a disqualifying offense.  They are:

  • Indecent exposure
  • Promoting prostitution in the first degree
  • Promoting prostitution in the second degree
  • Promoting travel for prostitution
  • Permitting prostitution
  • Patronizing a prostitute

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