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Revised Code of Washington

Updated again 01-2001:

RCW 9A.44.093

"(1) A person is guilty of sexual misconduct with a minor in the first degree when the person has, or knowingly causes another person under the age of eighteen to have, sexual intercourse with another person who is at least sixteen years old but less than eighteen years old and not married to the perpetrator, if the perpetrator is at least sixty months older than the victim, is in a significant relationship to the victim, and abuses a supervisory position within that relationship in order to engage in or cause another person under the age of eighteen to engage in sexual intercourse with the victim."

The Age of Consent in Washington is not 18. It is 16. The statute (shown above) that you are making reference to makes it a crime for a person 60-months or older than the younger person to have sexual intercoarse with the younger person if ALL of the following conditions exist:

1-The older person is in a "significent" relationship with the younger person, AND the older person is in a supervisory relationship within that relationship, AND uses that supervisory position in order to have sexual intercourse with the younger person.

This statute refers to relationships between persons who become sexually involved 16 or 17-years-olds, and who are in a position of authority over the younger person and use this authority to gain a sexual advantage. Such a situation might exist between a 16 or 17-year-old student and a teacher or coach who is at least 60 months older.

EDITOR:  We agree and are revising our entry.

It would still, however, be a good idea to keep the red "18" there, because Washington has another statute, entitled: "Communicating With a Minor For Immoral Purposes," which has been used to selectively prosecute individuals who communicate with persons under 18 for purposes deemed "immoral." The penalty for a 1st offense is up to a year in jail, and for a 2nd or subsequent offense (or for any person who has previously been convicted of any sex offense in the United States) the penalty is up to 5 years in prison. Just ASKINBG can, under certain circumstances, land the offender in jail or prison. As the purposes of all "Age of Consent" laws are not to "protect" children, but, rather, to protect the family, it is not at all surprising that many states that have ages of consent that set the ages below 18 have hidden within their codes other laws that can be used to set a defacto Age of Consent of 18.

EDITOR:  We have found references to this law in the areas where we searched - but could NOT find this law.  Anyone that could get us the RCW number for this one would be appreciated. 

 

 

 

The following was updated 07/2000

The age of consent entry for the State of Washington was changed to "16/18" in July, 2000,
BECAUSE:

Washington enacted a law similar to Florida in which a person 16 or 17 may consent to
sexual activity with a person not more than 59 months (4 years 11 months) older.   (For example
it is illegal for a 21 year old to have sex with a 16 year old; it is illegal for a 22 year old to
have sex with a 17 year old).

Therefore the age of consent at which a person may consent to sexual activity without
reservation is 18. 

RCW and Dispositions - As of January 12, 2000

 

http://wsl.leg.wa.gov/wsladm/rcw.htm. The section dealing with sexual crimes is located in section 9A.44

http://wsl.leg.wa.gov/wsladm/rcw.htm

http://search.leg.wa.gov/basic/textsearch/ViewRoot.asp?Item=1&Action=Html

 

 

Chapter 9A.44 RCW

SEX OFFENSES

SECTIONS

9A.44.010 Definitions.
9A.44.020 Testimony -- Evidence -- Written motion -- Admissibility.
9A.44.030 Defenses to prosecution under this chapter.
9A.44.040 Rape in the first degree.
9A.44.045 First degree rape -- Penalties.
9A.44.050 Rape in the second degree.
9A.44.060 Rape in the third degree.
9A.44.073 Rape of a child in the first degree.
9A.44.076 Rape of a child in the second degree.
9A.44.079 Rape of a child in the third degree.
9A.44.083 Child molestation in the first degree.
9A.44.086 Child molestation in the second degree.
9A.44.089 Child molestation in the third degree.
9A.44.093 Sexual misconduct with a minor in the first degree.
9A.44.096 Sexual misconduct with a minor in the second degree.

 

RCW 9A.44.073
Rape of a child in the first degree.

(1) A person is guilty of rape of a child in the first degree when the person has sexual intercourse with another who is less than twelve years old and not married to the perpetrator and the perpetrator is at least twenty-four months older than the victim.

(2) Rape of a child in the first degree is a class A felony.    [1988 c 145 2.]

NOTES: Effective date -- Savings -- Application -- 1988 c 145: See notes following RCW 9A.44.010.

RCW 9A.44.076
Rape of a child in the second degree.

(1) A person is guilty of rape of a child in the second degree when the person has sexual intercourse with another who is at least twelve years old but less than fourteen years old and not married to the perpetrator and the perpetrator is at least thirty-six months older than the victim.

(2) Rape of a child in the second degree is a class A felony.  1990 c 3 903; 1988 c 145 3.]

NOTES: Index, part headings not law -- Severability -- Effective dates -- Application -- 1990 c 3: See RCW 18.155.900 through 18.155.902.  Effective date -- Savings -- Application -- 1988 c 145: See notes following RCW 9A.44.010.

RCW 9A.44.079
Rape of a child in the third degree.

(1) A person is guilty of rape of a child in the third degree when the person has sexual intercourse with another who is at least fourteen years old but less than sixteen years old and not married to the perpetrator and the perpetrator is at least forty-eight months older than the victim.

(2) Rape of a child in the third degree is a class C felony.  [1988 c 145 4.]

NOTES:  Effective date -- Savings -- Application -- 1988 c 145: See notes following RCW 9A.44.010.

RCW 9A.44.083
Child molestation in the first degree.

(1) A person is guilty of child molestation in the first degree when the person has, or knowingly causes another person under the age of eighteen to have, sexual contact with another who is less than twelve years old and not married to the perpetrator and the perpetrator is at least thirty-six months older than the victim.

(2) Child molestation in the first degree is a class A felony. [1994 c 271 303; 1990 c 3 902; 1988 c 145 5.]

NOTES: Intent -- 1994 c 271: See note following RCW 9A.44.010.     Purpose -- Severability -- 1994 c 271: See notes following RCW 9A.28.020.   Index, part headings not law -- Severability -- Effective dates -- Application -- 1990 c 3: See RCW 18.155.900 through 18.155.902.   Effective date -- Savings -- Application -- 1988 c 145: See notes following RCW 9A.44.010.

RCW 9A.44.086
Child molestation in the second degree.

(1) A person is guilty of child molestation in the second degree when the person has, or knowingly causes another person under the age of eighteen to have, sexual contact with another who is at least twelve years old but less than fourteen years old and not married to the perpetrator and the perpetrator is at least thirty-six months older than the victim.

(2) Child molestation in the second degree is a class B felony.   [1994 c 271 304; 1988 c 145 6.]

NOTES:   Intent -- 1994 c 271: See note following RCW 9A.44.010Purpose -- Severability -- 1994 c 271: See notes following RCW 9A.28.020.   Effective date -- Savings -- Application -- 1988 c 145: See notes following RCW 9A.44.010.

RCW 9A.44.089
Child molestation in the third degree.

(1) A person is guilty of child molestation in the third degree when the person has, or knowingly causes another person under the age of eighteen to have, sexual contact with another who is at least fourteen years old but less than sixteen years old and not married to the perpetrator and the perpetrator is at least forty-eight months older than the victim.

(2) Child molestation in the third degree is a class C felony.  [1994 c 271 305; 1988 c 145 7.]

NOTES: Intent -- 1994 c 271: See note following RCW 9A.44.010. Purpose -- Severability -- 1994 c 271: See notes following RCW 9A.28.020Effective date -- Savings -- Application -- 1988 c 145: See notes following RCW 9A.44.010.

RCW 9A.44.093
Sexual misconduct with a minor in the first degree.

(1) A person is guilty of sexual misconduct with a minor in the first degree when the person has, or knowingly causes another person under the age of eighteen to have, sexual intercourse with another person who is at least sixteen years old but less than eighteen years old and not married to the perpetrator, if the perpetrator is at least sixty months older than the victim, is in a significant relationship to the victim, and abuses a supervisory position within that relationship in order to engage in or cause another person under the age of eighteen to engage in sexual intercourse with the victim.

(2) Sexual misconduct with a minor in the first degree is a class C felony.    [1994 c 271 306; 1988 c 145 8.]

NOTES:  Intent -- 1994 c 271: See note following RCW 9A.44.010.   Purpose -- Severability -- 1994 c 271: See notes following RCW 9A.28.020.

Effective date -- Savings -- Application -- 1988 c 145: See notes following RCW 9A.44.010.

RCW 9A.44.096
Sexual misconduct with a minor in the second degree.

(1) A person is guilty of sexual misconduct with a minor in the second degree when the person has, or knowingly causes another person under the age of eighteen to have, sexual contact with another person who is at least sixteen years old but less than eighteen years old and not married to the perpetrator, if the perpetrator is at least sixty months older than the victim, is in a significant relationship to the victim, and abuses a supervisory position within that relationship in order to engage in or cause another person under the age of eighteen to engage in sexual contact with the victim.

(2) Sexual misconduct with a minor in the second degree is a gross misdemeanor. [1994 c 271 307; 1988 c 145 9.]

NOTES:   Intent -- 1994 c 271: See note following RCW 9A.44.010.   Purpose -- Severability -- 1994 c 271: See notes following RCW 9A.28.020Effective date -- Savings -- Application -- 1988 c 145: See notes following RCW 9A.44.010.

 

Reader Comments Added 5/19/99

RESEARCHER NOTES: 
I remember Washington having actual statutes called "statutory rape" and defined statutory rape in three degrees I believe.  The statutes were defined based on the ages and the number of years between the people involved.  However, I can't find that in the RCW.  If you are an attorney in WA or know of an attorney who might help, ask him to drop us a line and help clarify this law.  Thanks.

With all of the reading we have done, we believe that the age of sexual consent in Washington state is 16.  As with all of the research we do, and with the results that we publish, remember that we define the age of consent to be the age at which two people (not in a supervisory position over the other) may engage in consensual sexual activity regardless of the age difference. 

 

This is an email we received:
Sunday, October 11, 1998:
If I am not mistaken the age of Consent for Washington State just changed recently.. I don't know the exact date but I am sure that it is 16 now.. Just thought you might want to know so you could look into it. TODD

 

      RCW 9A.44.079  Rape of a child in the third degree.  (1) A
person is guilty of rape of a child in the third degree when the
person has sexual intercourse with another who is at least fourteen
years old but less than sixteen years old and not married to the
perpetrator and the perpetrator is at least forty-eight months
older than the victim.
      (2) Rape of a child in the third degree is a class C felony. 
[1988 c 145  4.]

 

 

      RCW 9A.44.093  Sexual misconduct with a minor in the first
degree.  (1) A person is guilty of sexual misconduct with a minor
in the first degree when the person has, or knowingly causes
another person under the age of eighteen to have, sexual
intercourse with another person who is at least sixteen years old
but less than eighteen years old and not married to the
perpetrator, if the perpetrator is at least sixty months older than
the victim, is in a significant relationship to the victim, and
abuses a supervisory position within that relationship in order to
engage in or cause another person under the age of eighteen to
engage in sexual intercourse with the victim.
      (2) Sexual misconduct with a minor in the first degree is a
class C felony.  [1994 c 271  306; 1988 c 145  8.]
      RCW 9A.44.096  Sexual misconduct with a minor in the second
degree.  (1) A person is guilty of sexual misconduct with a minor
in the second degree when the person has, or knowingly causes
another person under the age of eighteen to have, sexual contact
with another person who is at least sixteen years old but less than
eighteen years old and not married to the perpetrator, if the
perpetrator is at least sixty months older than the victim, is in
a significant relationship to the victim, and abuses a supervisory
position within that relationship in order to engage in or cause
another person under the age of eighteen to engage in sexual
contact with the victim.
      (2) Sexual misconduct with a minor in the second degree is a
gross misdemeanor.  [1994 c 271  307; 1988 c 145  9.]

 

      RCW 9A.44.100  Indecent liberties.  (1) A person is guilty of
indecent liberties when he knowingly causes another person who is
not his spouse to have sexual contact with him or another:
      (a) By forcible compulsion;
      (b) When the other person is incapable of consent by reason of
being mentally defective, mentally incapacitated, or physically
helpless;
      (c) When the victim is developmentally disabled and the
perpetrator is a person who is not married to the victim and who
has supervisory authority over the victim;
      (d) When the perpetrator is a health care provider, the victim
is a client or patient, and the sexual contact occurs during a
treatment session, consultation, interview, or examination.  It is
an affirmative defense that the defendant must prove by a
preponderance of the evidence that the client or patient consented
to the sexual contact with the knowledge that the sexual contact
was not for the purpose of treatment;
      (e) When the victim is a resident of a facility for mentally
disordered or chemically dependent persons and the perpetrator is
a person who is not married to the victim and has supervisory
authority over the victim; or
      (f) When the victim is a frail elder or vulnerable adult and
the perpetrator is a person who is not married to the victim and
who has a significant relationship with the victim.
      (2) Indecent liberties is a class B felony.  [1997 c 392 
515; 1993 c 477  3; 1988 c 146  2; 1988 c 145  10; 1986 c 131 
1; 1975 1st ex.s. c 260  9A.88.100.  Formerly RCW 9A.88.100.]


      RCW 9A.44.010  Definitions.  As used in this chapter:
      (1) "Sexual intercourse" (a) has its ordinary meaning and
occurs upon any penetration, however slight, and
      (b) Also means any penetration of the vagina or anus however
slight, by an object, when committed on one person by another,
whether such persons are of the same or opposite sex, except when
such penetration is accomplished for medically recognized treatment
or diagnostic purposes, and
      (c) Also means any act of sexual contact between persons
involving the sex organs of one person and the mouth or anus of
another whether such persons are of the same or opposite sex.
      (2) "Sexual contact" means any touching of the sexual or other
intimate parts of a person done for the purpose of gratifying
sexual desire of either party or a third party.
      (3) "Married" means one who is legally married to another, but
does not include a person who is living separate and apart from his
or her spouse and who has filed in an appropriate court for legal
separation or for dissolution of his or her marriage.
      (4) "Mental incapacity" is that condition existing at the time
of the offense which prevents a person from understanding the
nature or consequences of the act of sexual intercourse whether
that condition is produced by illness, defect, the influence of a
substance or from some other cause.
      (5) "Physically helpless" means a person who is unconscious or
for any other reason is physically unable to communicate
unwillingness to an act.
      (6) "Forcible compulsion" means physical force which overcomes
resistance, or a threat, express or implied, that places a person
in fear of death or physical injury to herself or himself or
another person, or in fear that she or he or another person will be
kidnapped.
      (7) "Consent" means that at the time of the act of sexual
intercourse or sexual contact there are actual words or conduct
indicating freely given agreement to have sexual intercourse or
sexual contact.
      (8) "Significant relationship" means a situation in which the
perpetrator is:
      (a) A person who undertakes the responsibility, professionally
or voluntarily, to provide education, health, welfare, or organized
recreational activities principally for minors;
      (b) A person who in the course of his or her employment
supervises minors; or
      (c) A person who provides welfare, health or residential
assistance, personal care, or organized recreational activities to
frail elders or vulnerable adults, including a provider, employee,
temporary employee, volunteer, or independent contractor who
supplies services to long-term care facilities licensed or required
to be licensed under chapter 18.20, 18.51, 72.36, or 70.128 RCW,
and home health, hospice, or home care agencies licensed or
required to be licensed under chapter 70.127 RCW, but not including
a consensual sexual partner.
      (9) "Abuse of a supervisory position" means a direct or
indirect threat or promise to use authority to the detriment or
benefit of a minor.
      (10) "Developmentally disabled," for purposes of RCW
9A.44.050(1)(c) and 9A.44.100(1)(c), means a person with a
developmental disability as defined in RCW 71A.10.020.
      (11) "Person with supervisory authority," for purposes of RCW
9A.44.050(1) (c) or (e) and 9A.44.100(1) (c) or (e), means any
proprietor or employee of any public or private care or treatment
facility who directly supervises developmentally disabled, mentally
disordered, or chemically dependent persons at the facility.
      (12) "Mentally disordered person" for the purposes of RCW
9A.44.050(1)(e) and 9A.44.100(1)(e) means a person with a "mental
disorder" as defined in RCW 71.05.020.
      (13) "Chemically dependent person" for purposes of RCW
9A.44.050(1)(e) and 9A.44.100(1)(e) means a person who is
"chemically dependent" as defined in RCW 70.96A.020(4).
      (14) "Health care provider" for purposes of RCW 9A.44.050 and
9A.44.100 means a person who is, holds himself or herself out to
be, or provides services as if he or she were:  (a) A member of a
health care profession under chapter 18.130 RCW; or (b) registered
or certified under chapter 18.19 RCW, regardless of whether the
health care provider is licensed, certified, or registered by the
state.
      (15) "Treatment" for purposes of RCW 9A.44.050 and 9A.44.100
means the active delivery of professional services by a health care
provider which the health care provider holds himself or herself
out to be qualified to provide.
      (16) "Frail elder or vulnerable adult" means a person sixty
years of age or older who has the functional, mental, or physical
inability to care for himself or herself.  "Frail elder or
vulnerable adult" also includes a person found incapacitated under
chapter 11.88 RCW, a person over eighteen years of age who has a
developmental disability under chapter 71A.10 RCW, a person
admitted to a long-term care facility that is licensed or required
to be licensed under chapter 18.20, 18.51, 72.36, or 70.128 RCW,
and a person receiving services from a home health, hospice, or
home care agency licensed or required to be licensed under chapter
70.127 RCW.  [1997 c 392  513; 1997 c 112  37; 1994 c 271  302;
1993 c 477  1; 1988 c 146  3; 1988 c 145  1; 1981 c 123  1;
1975 1st ex.s. c 14  1.  Formerly RCW 9.79.140.]
NOTES:
      Reviser's note:  This section was amended by 1997 c 112  37
and by 1997 c 392  513, each without reference to the other.  Both
amendments are incorporated in the publication of this section
under RCW 1.12.025(2).  For rule of construction, see RCW
1.12.025(1).
      Short title--Findings--Construction--Conflict with federal
requirements--Part headings and captions not law--1997 c 392:  See
notes following RCW 74.39A.009.
      Intent--1994 c 271:  "The legislature hereby reaffirms its
desire to protect the children of Washington from sexual abuse and
further reaffirms its condemnation of child sexual abuse that takes
the form of causing one child to engage in sexual contact with
another child for the sexual gratification of the one causing such
activities to take place."  [1994 c 271  301.]
      Purpose--Severability--1994 c 271:  See notes following RCW
9A.28.020.
      Severability--Effective dates--1988 c 146:  See notes
following RCW 9A.44.050.
      Effective date--1988 c 145:  "This act shall take effect July
1, 1988."  [1988 c 145  26.]
      Savings--Application--1988 c 145:  "This act shall not have
the effect of terminating or in any way modifying any liability,
civil or criminal, which is already in existence on July 1, 1988,
and shall apply only to offenses committed on or after July 1,
1988."  [1988 c 145  25.]

 

Other Email Received:

The law called "statutory rape" was repealed in 1988. Here are the revision notes from <http//www.mrsc.org/rcw.htm>. You should be able to find similar documentation without any trouble. Check the table of disposition to find this (I'd quote the URL but it's a bloody frames setup).

Chapter 9A.44  SEX OFFENSES
From:  (http://www.leg.wa.gov/pub/rcwdisp/title_09a/chapter_044/d_rcw_9a_44.txt)

9A.44.070 Statutory rape in the first degree. [1986 c 257 31; 1979 ex.s. c 244 4; 1975   st ex.s. c 14 7. Formerly RCW 9.79.200.] Repealed by 1988 c 145 24, effective July 1, 1988.

9A.44.080 Statutory rape in the second degree. [1979 ex.s. c 244 5; 1975 1st ex.s. c 14    8. Formerly RCW 9.79.210.] Repealed by 1988 c 145 24, effective July 1, 1988.

9A.44.090 Statutory rape in the third degree. [1979 ex.s. c 244 6; 1975 1st ex.s. c 14 9. Formerly RCW 9.79.220.] Repealed by 1988 c 145 2, effective July 1, 1988.

9A.44.110 Communication with a minor for immoral purposes. [1975 1st ex.s. c 260 9A.88.020. Formerly RCW 9A.88.020.]  Repealed by 1984 c 262 13.

 

Updated 04-2001:  From (http://search.leg.wa.gov/wslrcw/RCW%20%20%209%20%20TITLE/RCW%20%20%209%20.%2068A%20CHAPTER/RCW%20%20%209%20.%2068A.090.htm)

And from (http://search.leg.wa.gov/pub/textsearch/default.asp?Cmd=Query)

RCW 9.68A.090   (This is the revised law)
Communication with minor for immoral purposes.

A person who communicates with a minor for immoral purposes is guilty of a gross misdemeanor,
unless that person has previously been convicted under this section or of a felony sexual offense
under chapter 9.68A, 9A.44, or 9A.64 RCW or of any other felony sexual offense in this or any
other state, in which case the person is guilty of a class C felony punishable under chapter 9A.20
RCW. 

[1989 c 32 7; 1986 c 319 2; 1984 c 262 8.]

Update 06-23-01:

Teacher-Student Sex Bill Passes June 20, 2001

OLYMPIA - A bill making it a crime for teachers to have sex with older teen-age students passed the state Senate Wednesday.

The measure was attached to a larger bill regulating the number of beds at the state's Special Commitment Center for sex predators on McNeil Island. It now goes back to the House for second approval.  Right now sex with a student or anyone under the age of 16 is considered a crime. But that's not the case with students 16 and over.  Bill sponsor Rep. Kathy Lambert of Redmond, a teacher herself, says, "I think that every child that goes to school should be safe from anybody preying upon them."    Right now it's a violation of the professional code of ethics and a teacher could lose his or her certification. Under Lambert's bill it would also be a crime.   For More Information:  www.leg.wa.gov

 

 

 

 

 

 

07-2000 New Source: U.S. statutory rape laws is published on the Web by the National
Clearinghouse on Child Abuse and Neglect Information. The booklet, which
requires Adobe Acrobat to read, is located at:


http://www.calib.com/nccanch/pubs/99statutes/35-SexualOffenses.PDF

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