Washington statute
RCW 9A.44.096 — Sexual misconduct with a minor in the second degree
Current through 2026 Regular Session
Part of Chapter 9A.44: Sex Offenses, Revised Code of Washington.
Criminal charges under this statute
Full text of RCW 9A.44.096
Statutory text current through the 2026 Regular Session. This publication reproduces the official text of the Revised Code of Washington from the Code Reviser's published files; it is not the official statutes of the State of Washington.
(1) A person is guilty of sexual misconduct with a minor in the second degree when: (a) 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, 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; (b) the person is a school employee who has, or knowingly causes another person under the age of eighteen to have, sexual contact with an enrolled student of the school who is at least sixteen years old and not more than twenty-one years old, if the employee is at least sixty months older than the student; or (c) the person is a foster parent who has, or knowingly causes another person under the age of eighteen to have, sexual contact with his or her foster child who is at least sixteen.
(2) Sexual misconduct with a minor in the second degree is a gross misdemeanor.
(3) For the purposes of this section:
(a) "Enrolled student" means any student enrolled at or attending a program hosted or sponsored by a common school as defined in RCW 28A.150.020, or a student enrolled at or attending a program hosted or sponsored by a private school under chapter 28A.195 RCW, or any person who receives home-based instruction under chapter 28A.200 RCW.
(b) "School employee" means an employee of a common school defined in RCW 28A.150.020, or a grade kindergarten through twelve employee of a private school under chapter 28A.195 RCW, who is not enrolled as a student of the common school or private school.
Official sources
Legal terms used in this section
Questions this section answers
Is sexual misconduct with a minor in the second degree a felony or a misdemeanor in Washington?
Sexual misconduct with a minor in the second degree is a Gross Misdemeanor in Washington under RCW 9A.44.096.
Which Washington statute covers sexual misconduct with a minor in the second degree?
Sexual misconduct with a minor in the second degree is governed by RCW 9A.44.096 (Sexual misconduct with a minor in the second degree).
This reference is informational and is not legal advice.