Under Washington law, you are generally guilty of sexual misconduct with a minor in the first degree if you have sexual intercourse with a minor and you are in a supervisory relationship with that person. The crime is charged as a felony (as opposed to a misdemeanor) and a conviction can result in up to five years in state prison. Please contact a skilled criminal defense attorney now if you are facing any type of sex crime in Washington State.
How Does Washington Law Define Sexual Misconduct with a Minor in the First Degree?
RCW 9A.44.093 is the Washington statute that sets forth the crime of sexual misconduct with a minor in the first degree. You are guilty of this offense if you:
- Engage in sexual intercourse with someone who is at least 16 years old but under 18 years old, and
- Are in a position of supervisory authority over that person (for example, a teacher, coach, or employer).
You are also guilty of this crime if you are a school employee and:
- Engage in sexual intercourse with a student who is at least 16 years old but under 21 years old, and
- The student is enrolled in the same school or district where you are employed.
For purposes of this statute, “sexual intercourse” means:
- Any penetration of a person’s genitals or anus by another person, including with a foreign object, or
- Any act of sexual contact between people involving the sex organs of one person and the mouth or anus of another person.
What are the Penalties?
A violation of RCW 9A.44.093 is a Class C felony under Washington law. The crime is punishable by:
- Custody in state prison for up to five years, and/or
- A maximum fine of $10,000.
Can a defendant raise a legal defense?
Yes. You have the right to challenge a sexual misconduct charge with a legal defense. A common defense is to show that you did not have “sexual intercourse” with a minor. You can also attempt to show that the alleged “victim” was not a minor.
Your criminal defense attorney can also show that the police somehow violated your rights, maybe by:
- Coercing a confession,
- Arresting you without probable cause, or
- Conducting an unlawful search and seizure.
If any of the above, your criminal defense lawyer can move to have your charges dropped or dismissed.
Contact Black & Askerov for Help
While a defendant can raise a legal defense to challenge a charge of sexual misconduct with a minor, it will take a skilled criminal defense attorney to raise the best defense. The experienced criminal defense attorneys at Black & Askerov have over 30 years of combined experience defending clients on various charges involving sexual misconduct with a minor . Our Seattle criminal defense lawyers also have the skill and commitment that makes all the difference in these cases. Contact us now to get the legal help you deserve!
