State v. Mohamed

¶1 Under RCW 9A.44.100(1)(b), a person is guilty of indecent liberties if he or she “knowingly causes *48another person who is not his or her spouse to have sexual contact with him or her or another . . . [w]hen the other person is incapable of consent by reason of being mentally defective, mentally incapacitated, or physically helpless.” A person’s knowledge that the victim is “incapable of consent by reason of being mentally defective, mentally incapacitated, or physically helpless” is not an essential element of this crime. Thus, here, where Mohamaud Mohamed was charged with the crime of…