If you are charged with a crime in Washington, the State may seek to add a “sexual motivation” enhancement to the underlying offense. In Washington, a sexual motivation enhancement can significantly increase the consequences of a conviction. This is true even if the underlying charge is not a sex offense.
For anyone facing criminal charges in Seattle or elsewhere in Washington, understanding how this enhancement works is critical.
What Does “Sexual Motivation” Mean Under Washington Law?
Under Washington law, “sexual motivation” means that one of the purposes for committing your crime was for sexual gratification.
This enhancement is governed primarily by RCW 9.94A.835 and related statutes. It does not create a separate crime. Instead, it allows prosecutors to increase penalties if they can prove that sexual gratification was a motivating factor behind your offense.
Importantly, the State must prove sexual motivation beyond a reasonable doubt, just like any other element in a criminal case.
How Is a Sexual Motivation Enhancement Added?
A sexual motivation enhancement can only be imposed if:
- The prosecutor formally alleges sexual motivation in your charging documents, and
- The jury (or judge in a bench trial) makes a special finding that the crime was committed with sexual motivation.
This means the enhancement must be specifically pleaded and proven – it is not automatic.
What Types of Crimes Can Carry a Sexual Motivation Enhancement?
A sexual motivation enhancement can be attached to crimes that are not traditionally sex offenses. These may include such crimes as:
- Assault,
- Burglary,
- Kidnapping,
- Harassment, and
- Other felony offenses
How Does a Sexual Motivation Enhancement Affect Sentencing?
If a judge or jury finds evidence of sexual motivation, the court must impose additional time on top of the standard sentencing range.
The enhancement can do any of the following:
- Add months or years to your prison sentence,
- Require sex offender registration in certain circumstances,
- Impact probation conditions, and
- Trigger mandatory treatment requirements.
In many cases, a sexual motivation finding can also affect your housing, employment, and long-term reputation.
Defending Against a Sexual Motivation Enhancement in Seattle
Defending against a sexual motivation enhancement requires careful strategy. Common defense approaches used by skilled criminal defense attorneys may include:
- Challenging whether sexual gratification was actually a purpose of your conduct,
- Arguing the evidence is speculative or insufficient,
- Filing motions to exclude prejudicial evidence, and
- Negotiating to resolve the case without the enhancement.
Because this enhancement can drastically increase penalties, it is often one of the most critical battlegrounds in a case.
Contact Black & Askerov for Help
At Black & Askerov, our Seattle criminal defense lawyers have been representing clients in a wide range of cases for over 30 years. We understand how to start crafting a defense in cases involving a sexual motivation enhancement, and we know how to present persuasive arguments at trial or in the plea-bargaining process. Our Seattle criminal defense lawyers also have the skill and commitment that makes all the difference in these cases. Contact us now to get the legal help you deserve!
