Washington law says that you are generally guilty of sexual misconduct with a minor in the second degree if you have sexual contact with a minor and you are in a supervisory relationship with that person. The crime is charged as a misdemeanor (as opposed to a felony) and a conviction can result in up to one year in county jail. Please contact a skilled criminal defense attorney now if you or a loved one is facing any type of sex crime in Washington State.
How Does Washington Law Define Sexual Misconduct with a Minor in the Second Degree?
RCW 9A.44.096 is the Washington statute that sets forth the crime of sexual misconduct with a minor in the second degree. You are guilty of this offense if you:
- Knowingly make sexual contact with someone who is at least 16 years old but under 18 years old,
- Do so when you are at least 60 months older the the “victim,” and
- Are in a position of supervisory authority over the “victim” (for example, a teacher, coach, or employer).
You are also guilty of this crime if you are a school employee and:
- Knowingly make sexual contact with an enrolled student of the school,
- The “victim” is at least 16 years old but under 21 years old, and
- You are at least 60 months older than the “victim.”
For purposes of this statute, “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.
What are the Penalties?
A violation of RCW 9A.44.096 is a gross misdemeanor under Washington law. The crime is punishable by:
- Custody in county jail for up to one year, and/or
- A maximum fine of $5,000.
Note that sexual misconduct of a minor in the first degree is a more severe crime than the one in question. A first degree charge 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 for you to show that the prosecutor cannot support every element of your offense. For example, you may want to prove such things as:
- The “victim” was not between the ages of 16 and 18,
- You were not at least 60 months older then the “victim,”
- The “victim” was not a student or you were not in a supervisory relationship with the “victim,” and/or
- Your actions did not amount to “sexual contact.”
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!
* Main image at top by Freepik
