Council studies draft code to criminalize exposing a child to domestic violence; members favor a sentencing range with judicial discretion

The council held a study session on a proposed Bothell Municipal Code chapter that would make exposing a minor to domestic violence a separate offense. Supervising attorney Travis Johnson, who previously prosecuted domestic-violence cases, said many Washington cities have enacted similar laws and that penalties commonly range from 15 to 30 days, though gross-misdemeanor sentencing theoretically spans up to 364 days.

Johnson described the proposal as an additional prosecutorial tool that can be charged alongside other domestic-violence offenses and serve both as leverage to encourage treatment and, in some cases, as a means to impose additional accountability. He said jurisdictions vary in how prescriptive they are about sentencing; some specify minimum days, others preserve judicial discretion.

Council members focused discussion on balancing accountability with restorative options and on ensuring court-ordered treatment aligns with clinical program guidelines. Councilmember Kurt and others urged drafting that allows a range and judicial discretion, and that explicitly links sentencing options to accessible treatment programs. “I would like there to be like a minimum to a maximum, and then leave that to the judge’s discretion,” one councilmember said.

Several members indicated a preference for a 30‑day minimum as a starting point while leaving the upper bound and treatment referral structure flexible. Council asked staff and the prosecuting team to return with more detail on program availability and sentencing language that aligns with clinical guidelines. No ordinance was adopted at the session.