STATE v. HEMING

No. 21665-9-III.

90 P.3d 62 (2004)

121 Wash.App. 609

STATE of Washington, Respondent, v. Timothy Todd HEMING, Appellant.

Court of Appeals of Washington, Division 3, Panel One.

May 11, 2004.


Attorney(s) appearing for the Case

Dennis W. Morgan, Ritzville, WA, for Appellant.

Shawn N. Anderson, Deputy Prosecuting Attorney, Goldendale, WA, David B. Trefry, Spokane, WA, for Respondent.


KATO, C.J.

Timothy Todd Heming appeals his conviction for third degree child rape. He contends the child rape statute violates the equal protection clause by arbitrarily distinguishing between persons in the victim's age group and those at least 48 months older than the victim. We affirm.

Mr. Heming engaged in sexual intercourse with 14-year-old K.H. in June 2001. Mr. Heming, who was 37 years old at the time, was aware of K.H.'s age. He was charged with and...

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