Wash. Rev. Code » Title 9 · Chapter 9.68A
Revised Code of Washington

Wash. Rev. Code § 9.68A.100 (2026)

✓ current as of May 2026
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(1) A person is guilty of commercial sexual abuse of a minor if:
(a) He or she provides anything of value to a minor or a third person as compensation for a minor having engaged in sexual conduct with him or her;
(b) He or she provides or agrees to provide anything of value to a minor or a third person pursuant to an understanding that in return therefore such minor will engage in sexual conduct with him or her; or
(c) He or she solicits, offers, or requests to engage in sexual conduct with a minor in return for anything of value.
(2) Commercial sexual abuse of a minor is a class B felony punishable under chapter 9A.20 RCW.
(3) In addition to any other penalty provided under chapter 9A.20 RCW, a person guilty of commercial sexual abuse of a minor is subject to the provisions under RCW 9A.88.130 and 9A.88.140.
(4) Consent of a minor to the sexual conduct does not constitute a defense to any offense listed in this section.
(5) For purposes of this section, "sexual conduct" means sexual intercourse or sexual contact, both as defined in chapter 9A.44 RCW.
[ 2017 c 231 s 3; 2013 c 302 s 2; 2010 c 289 s 13; 2007 c 368 s 2; 1999 c 327 s 4; 1989 c 32 s 8; 1984 c 262 s 9.]

Notes:

Finding—2017 c 231: See note following RCW 9A.04.080.
Effective date—2013 c 302: See note following RCW 9.68A.090.
Findings—Intent—1999 c 327: See note following RCW 9A.88.130.
Additional requirements: RCW 9A.88.130.
Vehicle impoundment: RCW 9A.88.140.
Notes of Decisions
Cited in 31 cases (9 in the last 5 years), 1991–2026 · leading case: Ohnemus v. State, 379 P.3d 142 (Wash. Ct. App. 2016).
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Ohnemus v. State, 379 P.3d 142 (Wash. Ct. App. 2016). · cites it 25× “¶1 Tasha Ohnemus filed suit against the State alleging, among other things, that the State was liable for Child Protective Services’ (CPS) negligent investigations into allegations that her stepfather physically and sexually abused her and for her sexual exploitation by the…”
State v. Farmer, 805 P.2d 200 (Wash. 1991). · cites it 6× “*424 III Criminal Aspect of RCW 9.68A.100 Farmer argues RCW 9.68A.100 does not make it criminal to pay or agree to pay another for sexual conduct.”
State v. Wilson, 158 Wash. App. 305 (Wash. Ct. App. 2010). · cites it 4× “¶24 The crime of “commercial sexual abuse of a minor” under RCW 9.68A.100 is defined, in pertinent part, as follows: (1) A person is guilty of commercial sexual abuse of a minor if: (a) He or she pays a fee to a minor or a third person as compensation for a minor having engaged…”
Estrada-Espinoza v. Mukasey, 546 F.3d 1147 (9th Cir. 2008). “sexual abuse of a child”); Tex. Penal Code Ann. § 21.02 ("Continuous Sexual Abuse of a Young Child or Children”); Utah Code Ann.”
State v. Racus, 433 P.3d 830 (Wash. Ct. App. 2019). “¶ 34 The WPA allows for communications to be recorded when authorized by someone above a "first line supervisor" if "[p]robable cause exists to believe that the conversation or communication" will involve "[a] party engaging in the commercial sexual abuse of a minor.”
Backpage.com, LLC v. McKenna, 881 F. Supp. 2d 1262 (W.D. Wash. 2012). · cites it 2× “See Wash. Rev.Code Ann. § 9.68A.100. 3 *1281 The adult prostitution statute requires that a person engage or agree to engage in sexual conduct with another person “in return for a fee”.”
State of Washington v. Yasir M. Majeed, 474 P.3d 1085 (Wash. Ct. App. 2020). · cites it 13× “The State responds that RCW 9.68A.100 does not expressly demand that an actual minor be involved.”
State v. Wilson, 242 P.3d 19 (Wash. Ct. App. 2010). · cites it 4× “100 is defined, in pertinent part, as follows: (1) A person is guilty of commercial sexual abuse of a minor if: (a) He or she pays a fee to a minor or a third person as compensation for a minor having engaged in sexual conduct with him or her; (b) He or she pays or agrees to pay…”
Tasha Ohnemus, Res/cross-appellant v. State Of Washington, App./cross-respondent (Wash. Ct. App. 2016). · cites it 26× “The State challenges the denial of its summary judgment motion to dismiss Ohnemus’s claim under RCW 9.”
State Of Washington v. Marc Mckee, 413 P.3d 1049 (Wash. Ct. App. 2018). “as a minor in violation of RCW 9.68A.100, three counts of distribution of methamphetamine and/or heroin to a person under age 18 in violation of RCW 69.”
State Of Washington, Resp. v. Robert C. Jackson Ii, App. (Wash. Ct. App. 2017). · cites it 9× “73702-3-1/4 The State charged Jackson with attempted commercial sexual abuse of a minor under RCW 9.68A.100. Specifically, the State alleged that Jackson violated parts (b) and (c) of the statute by attempting to (1) pay a fee to a minor as compensation for having engaged in…”
State Of Washington v. Christopher R. Johnson (Wash. Ct. App. 2020). · cites it 5× “2 RCW 9.68A.100; RCW 9A.28.020. 3 RCW 9.68A.”
Show all 31 citing cases →
— Wash. Rev. Code § 9.68A.100(1) — 7 cases
State v. Wilson, 158 Wash. App. 305 (Wash. Ct. App. 2010). “¶24 The crime of “commercial sexual abuse of a minor” under RCW 9.68A.100 is defined, in pertinent part, as follows: (1) A person is guilty of commercial sexual abuse of a minor if: (a) He or she pays a fee to a minor or a third person as compensation for a minor having engaged…”
Ohnemus v. State, 379 P.3d 142 (Wash. Ct. App. 2016). “¶1 Tasha Ohnemus filed suit against the State alleging, among other things, that the State was liable for Child Protective Services’ (CPS) negligent investigations into allegations that her stepfather physically and sexually abused her and for her sexual exploitation by the…”
State v. Wilson, 242 P.3d 19 (Wash. Ct. App. 2010). “100 is defined, in pertinent part, as follows: (1) A person is guilty of commercial sexual abuse of a minor if: (a) He or she pays a fee to a minor or a third person as compensation for a minor having engaged in sexual conduct with him or her; (b) He or she pays or agrees to pay…”
State Of Washington, V Eric K. Jacobson (Wash. Ct. App. 2018).
Pers. Restraint Petition Of Michael Anthony Feola (Wash. Ct. App. 2023).
— Wash. Rev. Code § 9.68A.100(1)(a) — 1 case
State Of Washington, V Bryan Earle Glant (Wash. Ct. App. 2020).
— Wash. Rev. Code § 9.68A.100(1)(b) — 4 cases
State of Washington v. Yasir M. Majeed, 474 P.3d 1085 (Wash. Ct. App. 2020). “The State responds that RCW 9.68A.100 does not expressly demand that an actual minor be involved.”
State Of Washington, Resp. v. Robert C. Jackson Ii, App. (Wash. Ct. App. 2017). “73702-3-1/4 The State charged Jackson with attempted commercial sexual abuse of a minor under RCW 9.68A.100. Specifically, the State alleged that Jackson violated parts (b) and (c) of the statute by attempting to (1) pay a fee to a minor as compensation for having engaged in…”
State Of Washington v. Steven Pemberton (Wash. Ct. App. 2020).
State of Washington v. Edwin Juarez Del Rio (Wash. Ct. App. 2026).
— Wash. Rev. Code § 9.68A.100(1)(c) — 5 cases
State v. Racus, 433 P.3d 830 (Wash. Ct. App. 2019). “¶ 34 The WPA allows for communications to be recorded when authorized by someone above a "first line supervisor" if "[p]robable cause exists to believe that the conversation or communication" will involve "[a] party engaging in the commercial sexual abuse of a minor.”
State of Washington v. Jason Lee Borseth aka Jason Lee Fishel (Wash. Ct. App. 2020).
State Of Washington, Resp. v. Robert C. Jackson Ii, App. (Wash. Ct. App. 2017). “73702-3-1/4 The State charged Jackson with attempted commercial sexual abuse of a minor under RCW 9.68A.100. Specifically, the State alleged that Jackson violated parts (b) and (c) of the statute by attempting to (1) pay a fee to a minor as compensation for having engaged in…”
State Of Washington, V Eric K. Jacobson (Wash. Ct. App. 2018).
State Of Washington v. Darcy Racus (Wash. Ct. App. 2018).
— Wash. Rev. Code § 9.68A.100(2) — 2 cases
Pers. Restraint Petition Of John Sanford Miller (Wash. Ct. App. 2025).
State of Washington v. Edwin Juarez Del Rio (Wash. Ct. App. 2026).
— Wash. Rev. Code § 9.68A.100(4) — 1 case
State v. Wilson, 242 P.3d 19 (Wash. Ct. App. 2010). “100 is defined, in pertinent part, as follows: (1) A person is guilty of commercial sexual abuse of a minor if: (a) He or she pays a fee to a minor or a third person as compensation for a minor having engaged in sexual conduct with him or her; (b) He or she pays or agrees to pay…”
— Wash. Rev. Code § 9.68A.100(5) — 5 cases
Ohnemus v. State, 379 P.3d 142 (Wash. Ct. App. 2016). “¶1 Tasha Ohnemus filed suit against the State alleging, among other things, that the State was liable for Child Protective Services’ (CPS) negligent investigations into allegations that her stepfather physically and sexually abused her and for her sexual exploitation by the…”
Tasha Ohnemus, Res/cross-appellant v. State Of Washington, App./cross-respondent (Wash. Ct. App. 2016). “The State challenges the denial of its summary judgment motion to dismiss Ohnemus’s claim under RCW 9.”
State Of Washington, V Eric K. Jacobson (Wash. Ct. App. 2018).
State Of Washington v. Christopher R. Johnson (Wash. Ct. App. 2020). “2 RCW 9.68A.100; RCW 9A.28.020. 3 RCW 9.68A.”
State Of Washington v. Christopher R. Johnson (Wash. Ct. App. 2020).
— Wash. Rev. Code § 9.68A.100(c) — 1 case
State Of Washington, Resp. v. Robert C. Jackson Ii, App. (Wash. Ct. App. 2017). “73702-3-1/4 The State charged Jackson with attempted commercial sexual abuse of a minor under RCW 9.68A.100. Specifically, the State alleged that Jackson violated parts (b) and (c) of the statute by attempting to (1) pay a fee to a minor as compensation for having engaged in…”
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