Washington statute
RCW 9A.44.170 — Custodial sexual misconduct 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.44.170
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 custodial sexual misconduct in the second degree when the person has sexual contact with another person:
(a) When:
(i) The victim is a resident of a state, county, or city adult or juvenile correctional facility, including but not limited to jails, prisons, detention centers, or work release facilities, or is under correctional supervision; and
(ii) The perpetrator is an employee or contract personnel of a correctional agency and the perpetrator has, or the victim reasonably believes the perpetrator has, the ability to influence the terms, conditions, length, or fact of incarceration or correctional supervision; or
(b) When the victim is being detained, under arrest, or in the custody of a law enforcement officer and the perpetrator is a law enforcement officer.
(2) Consent of the victim is not a defense to a prosecution under this section.
(3) Custodial sexual misconduct in the second degree is a class C felony.
Official sources
Legal terms used in this section
Questions this section answers
Is custodial sexual misconduct in the second degree a felony or a misdemeanor in Washington?
Custodial sexual misconduct in the second degree is a Class C Felony in Washington under RCW 9A.44.170.
Which Washington statute covers custodial sexual misconduct in the second degree?
Custodial sexual misconduct in the second degree is governed by RCW 9A.44.170 (Custodial sexual misconduct in the second degree).
This reference is informational and is not legal advice.