The legislature recognizes the hidden pandemic of domestic violence occurring alongside the COVID-19 pandemic. As early as June 2020, experts were reporting increases in the incidence and severity of domestic violence. The causes are multifaceted, including layoffs, loss of income, extended stay-at-home orders, and psychological stressors. At the same time, victims are facing unprecedented challenges in safely connecting with services. Homicide rates are now increasing across the nation. These trends cannot be ignored. Therefore, the legislature finds that the state must act to address abusive and unstable behavior before it escalates to life-threatening violence.
Perpetrators of domestic violence are known to engage in controlling behaviors, including monitoring and directing the lives of their victims. Victims lose control slowly, piece by piece over months or years. This psychologically abusive behavior is a stepping stone to violence, yet it often goes unaddressed. Victims seek help from law enforcement and service providers, but find that little can be done until their perpetrators put them in the hospital. The COVID-19 pandemic has worsened these conditions for victims, who have little reprieve from perpetrators residing in their homes.
The legislature hereby prohibits persons from engaging in psychologically coercive and controlling behavior. The crime of coercive control is established, barring any person from engaging in a course of conduct against a family or household member or intimate partner without his or her consent in order to limit or restrict, in full or in part, his or her behavior, movement, associations, or access to or use of his or her own finances or financial information.
This section adds a new section to an existing chapter 9A.46. Here is the modified chapter for context.
A person is guilty of coercive control if he or she engages in a course of conduct against a family or household member or intimate partner, as those terms are defined in RCW 10.99.020, without his or her consent in order to limit or restrict, in full or in part, his or her behavior, movement, associations, or access to or use of his or her own finances or financial information.
For the purposes of this section, lack of consent results from forcible compulsion or from fear that refusal to consent will result in further actions limiting or restricting the family or household member or intimate partner's behavior, movement, associations, or access to or use of his or her own finances or financial information.
This section does not apply to actions taken pursuant to a legal arrangement granting one person power or authority over another person including, but not limited to, power of attorney arrangements, guardianships, or parental control of a minor child.
Coercive control is a gross misdemeanor.
This section modifies existing section 9A.46.060. Here is the modified chapter for context.
As used in this chapter, "harassment" may include but is not limited to any of the following crimes:
Harassment (RCW 9A.46.020);
Hate crime (RCW 9A.36.080);
Telephone harassment (RCW 9.61.230);
Assault in the first degree (RCW 9A.36.011);
Assault of a child in the first degree (RCW 9A.36.120);
Assault in the second degree (RCW 9A.36.021);
Assault of a child in the second degree (RCW 9A.36.130);
Assault in the fourth degree (RCW 9A.36.041);
Reckless endangerment (RCW 9A.36.050);
Extortion in the first degree (RCW 9A.56.120);
Extortion in the second degree (RCW 9A.56.130);
Coercion (RCW 9A.36.070);
Burglary in the first degree (RCW 9A.52.020);
Burglary in the second degree (RCW 9A.52.030);
Criminal trespass in the first degree (RCW 9A.52.070);
Criminal trespass in the second degree (RCW 9A.52.080);
Malicious mischief in the first degree (RCW 9A.48.070);
Malicious mischief in the second degree (RCW 9A.48.080);
Malicious mischief in the third degree (RCW 9A.48.090);
Kidnapping in the first degree (RCW 9A.40.020);
Kidnapping in the second degree (RCW 9A.40.030);
Unlawful imprisonment (RCW 9A.40.040);
Rape in the first degree (RCW 9A.44.040);
Rape in the second degree (RCW 9A.44.050);
Rape in the third degree (RCW 9A.44.060);
Indecent liberties (RCW 9A.44.100);
Rape of a child in the first degree (RCW 9A.44.073);
Rape of a child in the second degree (RCW 9A.44.076);
Rape of a child in the third degree (RCW 9A.44.079);
Child molestation in the first degree (RCW 9A.44.083);
Child molestation in the second degree (RCW 9A.44.086);
Child molestation in the third degree (RCW 9A.44.089);
Stalking (RCW 9A.46.110);
Cyberstalking (RCW 9.61.260);
Residential burglary (RCW 9A.52.025);
Violation of a temporary, permanent, or final protective order issued pursuant to chapter 7.90, 9A.46, 10.14, 10.99, 26.09, or 26.50 RCW;
Unlawful discharge of a laser in the first degree (RCW 9A.49.020);
Unlawful discharge of a laser in the second degree (RCW 9A.49.030); and
Coercive control (section 2 of this act).