Seattle City Attorney, King County Prosecuting Attorney
Send Letter to State Lawmakers
Seattle (Jan. 12, 2024) – Today, Seattle City Attorney Ann Davison and King County Prosecuting Attorney Leesa Manion sent a joint letter to the honored members of the Washington State Legislature, urging lawmakers to close a statutory gap that does not allow felony prosecution when a child is endangered through exposure to or ingestion of fentanyl.
The letter calls on legislators to include fentanyl in RCW 9A.42.100. Currently, the law only applies to methamphetamine and does not include fentanyl.
“Our laws are a reflection of our values and protecting children should be at the top of the list,” said City Attorney Davison. “Endangering a child by exposure to fentanyl should be categorized as a felony, not a misdemeanor, to prevent tragic consequences that are occurring with increasing frequency.”
Because fentanyl is not included in the “Endangerment With a Controlled Substance” law (RCW 9A.42.100), a parent, guardian, or adult who otherwise cares for a child will likely face a misdemeanor – not a felony — if they expose a child under their care to the deadly drug.
“A change in state law is a common-sense solution to more appropriately address the serious act of exposing a child to fentanyl as felony-level behavior,” King County Prosecuting Attorney Leesa Manion said. “The current law was written decades ago, well before anyone foresaw the fentanyl crisis impacting our community.”
A copy of the letter sent to legislators can be viewed on the website of the Seattle City Attorney’s Office and the website of the King County Prosecuting Attorney’s Office.