"Sexual Motivation" after State v. Halstien: Still Hazy for His Teenage Peers

Authors

Robert E. Lipscomb

Abstract

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.

First Page

817

Recommended Citation

Robert E. Lipscomb, Notes and Comments, "Sexual Motivation" after State v. Halstien: Still Hazy for His Teenage Peers, 69 Wash. L. Rev. 817 (1994).
Available at: https://digitalcommons.law.uw.edu/wlr/vol69/iss3/16