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Legal Statutes: Washington

UPDATED August 10, 2017

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Chapter 9A.40. Kidnapping, Unlawful Imprisonment, and Custodial Interference

back to top9A.40.010. Definitions

The following definitions apply in this chapter:

(1) “Abduct” means to restrain a person by either (a) secreting or holding him or her in a place where he or she is not likely to be found, or (b) using or threatening to use deadly force.

(2) “Commercial sex act” means any act of sexual contact or sexual intercourse for which something of value is given or received.

(3) “Forced labor” means knowingly providing or obtaining labor or services of a person by: (a) Threats of serious harm to, or physical restraint against, that person or another person; or (b) means of any scheme, plan, or pattern intended to cause the person to believe that, if the person did not perform such labor or services, that person or another person would suffer serious harm or physical restraint.

(4) “Involuntary servitude” means a condition of servitude in which the victim was forced to work by the use or threat of physical restraint or physical injury, by the use of threat of coercion through law or legal process, or as set forth in RCW 9A.40.110. For the purposes of this subsection, “coercion” has the same meaning as provided in RCW 9A.36.070.

(5) “Relative” means an ancestor, descendant, or sibling, including a relative of the same degree through marriage or adoption, or a spouse.

(6) “Restrain” means to restrict a person's movements without consent and without legal authority in a manner which interferes substantially with his or her liberty. Restraint is “without consent” if it is accomplished by (a) physical force, intimidation, or deception, or (b) any means including acquiescence of the victim, if he or she is a child less than sixteen years old or an incompetent person and if the parent, guardian, or other person or institution having lawful control or custody of him or her has not acquiesced.

(7) “Serious harm” means any harm, whether physical or nonphysical, including psychological, financial, or reputational harm, that is sufficiently serious, under all the surrounding circumstances, to compel a reasonable person of the same background and in the same circumstances to perform or to continue performing labor, services, or a commercial sex act in order to avoid incurring that harm.
2014 c 52 § 2, eff. June 12, 2014. Prior: 2011 c 336 § 363, eff. July 22, 2011; 2011 c 111 § 2, eff. July 22, 2011; 1975 1st ex.s. c 260 § 9A.40.010.