Washington Law Review
In State v. Halstien, the Washington Supreme Court upheld the constitutionality of a juvenile statute that provides for a charge of sexual motivation in offenses other than sex offenses. Such motivation, if proven, becomes an aggravating factor that a judge may consider (along with any mitigating factors) in sentencing. In rejecting the argument that the statute was void for vagueness, the court should have clarified the statute by requiring a finding that the defendant manifested a sexual disorder, as well as a finding that sexual motivation was a substantial factor in the offense.
Robert E. Lipscomb,
Notes and Comments,
"Sexual Motivation" after State v. Halstien: Still Hazy for His Teenage Peers,
69 Wash. L. Rev.
Available at: https://digitalcommons.law.uw.edu/wlr/vol69/iss3/16