Wash. Rev. Code » Title 9A · Chapter 9A.36
Revised Code of Washington

Wash. Rev. Code § 9A.36.130 (2026)

Assault of a child in the second degree

✓ current as of May 2026
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(1) A person eighteen years of age or older is guilty of the crime of assault of a child in the second degree if the child is under the age of thirteen and the person:
(a) Commits the crime of assault in the second degree, as defined in RCW 9A.36.021, against a child; or
(b) Intentionally assaults the child and causes bodily harm that is greater than transient physical pain or minor temporary marks, and the person has previously engaged in a pattern or practice either of (i) assaulting the child which has resulted in bodily harm that is greater than transient pain or minor temporary marks, or (ii) causing the child physical pain or agony that is equivalent to that produced by torture.
(2) Assault of a child in the second degree is a class B felony.
[ 1992 c 145 s 2.]
Notes of Decisions
Cited in 42 cases (7 in the last 5 years), 1994–2026 · leading case: State v. Hovig, 202 P.3d 318 (Wash. Ct. App. 2009).
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State v. Hovig, 202 P.3d 318 (Wash. Ct. App. 2009). · cites it 3× “A person commits assault of a child in the second degree when a person commits the crime of assault in the second degree, as defined above, on a victim who is less than 13 years old.”
State v. Hovig, 202 P.3d 318 (Wash. Ct. App. 2009). · cites it 3× “36.021(1)(a). A person commits assault of a child in the second degree when a person commits the crime of assault in the second degree, as defined above, on a victim who is less than 13 years old.”
State Of Washington v. Zaida Cardenas-flores, 374 P.3d 1217 (Wash. Ct. App. 2016). · cites it 2× “RCW 9A.36.130(1)(a); RCW 9A.36.021(1)(a); State v.”
State of Washington v. Evan Wayne Sullivan, 382 P.3d 736 (Wash. Ct. App. 2016). · cites it 6× “RCW 9A.36.130. We quote RCW 9A.36.021 below and emphasize the word at issue: (1)A person is guilty of assault in the second degree if he or she, under circumstances not amounting to assault in the first degree: (a) Intentionally assaults another and thereby recklessly inflicts…”
State v. Venegas, 155 Wash. App. 507 (Wash. Ct. App. 2010). “The corrected amended information charges Venegas with second degree assault under RCW 9A.36.130(l)(a), which reads: A person eighteen years of age or older is guilty of the crime of assault of a child in the second degree if the child is under the age of thirteen and the…”
State v. Venegas, 228 P.3d 813 (Wash. Ct. App. 2010). “120 [4] The corrected amended information charges Venegas with second degree assault under RCW 9A.36.130(1)(a), which reads: A person eighteen years of age or older is guilty of the crime of assault of a child in the second degree if the child is under the age of thirteen and…”
State v. Borboa, 157 Wash. 2d 108 (Wash. 2006). “RCW 9A.36.130; RCW 9.94A.712. The sentencing court identified the standard sentence range for Borboa’s assault conviction as 51 to 68 months.”
State v. Borboa, 135 P.3d 469 (Wash. 2006). “RCW 9A.36.130; RCW 9.94A.712. The sentencing court identified the standard sentence range for Borboa's assault conviction as 51 to 68 months.”
State v. Daniels, 940 P.2d 690 (Wash. Ct. App. 1997). · cites it 2× “The pertinent statute, RCW 9A.36.130, does not define "assault.” Rather, it references the second degree assault statute: (1) A person eighteen years of age or older is guilty of the crime of assault of a child in the second degree if the child is under the age of thirteen and…”
State v. Grenning, 174 P.3d 706 (Wash. Ct. App. 2008). “[6] In violation of RCW 9A.36.130. [7] In violation of RCW 9.”
State v. Weber, 112 P.3d 1287 (Wash. Ct. App. 2005). “RCW 9A.36.130, RCW 9A.48.020. Therefore, seriousness levels will not always reflect the same categorization the legislature set forth in defining felony classes.”
State v. Weber, 127 Wash. App. 879 (Wash. Ct. App. 2005). “RCW 9A.36.130, 9A.48.020. Therefore, seriousness levels will not always reflect the same categorization the legislature set forth in defining felony classes.”
Show all 42 citing cases →
— Wash. Rev. Code § 9A.36.130(1) — 4 cases
State v. Baxter, 141 P.3d 92 (Wash. Ct. App. 2006).
State v. Baxter, 134 Wash. App. 587 (Wash. Ct. App. 2006).
State v. Alvarez-Abrego, 225 P.3d 396 (Wash. Ct. App. 2010).
State Of Washington, V. Zion Tyrone Grae-el (Wash. Ct. App. 2022).
— Wash. Rev. Code § 9A.36.130(1)(a) — 7 cases
State Of Washington v. Zaida Cardenas-flores, 374 P.3d 1217 (Wash. Ct. App. 2016). “RCW 9A.36.130(1)(a); RCW 9A.36.021(1)(a); State v.”
State v. Venegas, 228 P.3d 813 (Wash. Ct. App. 2010). “120 [4] The corrected amended information charges Venegas with second degree assault under RCW 9A.36.130(1)(a), which reads: A person eighteen years of age or older is guilty of the crime of assault of a child in the second degree if the child is under the age of thirteen and…”
State v. De Rosia, 100 P.3d 331 (Wash. Ct. App. 2004).
State v. Esters, 927 P.2d 1140 (Wash. Ct. App. 1997).
State Of Washington, V Cynthia Sue Miller (Wash. Ct. App. 2019).
— Wash. Rev. Code § 9A.36.130(1)(b) — 3 cases
State v. Alvarez-Abrego, 225 P.3d 396 (Wash. Ct. App. 2010).
In the Matter of the Pers. Restraint of: Reuben D. Mulamba (Wash. Ct. App. 2020).
State Of Washington v. Christopher Joel Sefton (Wash. Ct. App. 2018).
— Wash. Rev. Code § 9A.36.130(1)(b)(ii) — 1 case
State Of Washington, V. Zion Tyrone Grae-el (Wash. Ct. App. 2022).
— Wash. Rev. Code § 9A.36.130(2) — 1 case
State of Washington v. Joshua Wade Brink (Wash. Ct. App. 2017).
— Wash. Rev. Code § 9A.36.130(a) — 1 case
State v. Hovig, 202 P.3d 318 (Wash. Ct. App. 2009). “36.021(1)(a). A person commits assault of a child in the second degree when a person commits the crime of assault in the second degree, as defined above, on a victim who is less than 13 years old.”
— Wash. Rev. Code § 9A.36.130(l)(a) — 5 cases
State v. Venegas, 155 Wash. App. 507 (Wash. Ct. App. 2010). “The corrected amended information charges Venegas with second degree assault under RCW 9A.36.130(l)(a), which reads: A person eighteen years of age or older is guilty of the crime of assault of a child in the second degree if the child is under the age of thirteen and the…”
State v. Hovig, 202 P.3d 318 (Wash. Ct. App. 2009). “A person commits assault of a child in the second degree when a person commits the crime of assault in the second degree, as defined above, on a victim who is less than 13 years old.”
State of Washington v. Evan Wayne Sullivan, 382 P.3d 736 (Wash. Ct. App. 2016). “RCW 9A.36.130. We quote RCW 9A.36.021 below and emphasize the word at issue: (1)A person is guilty of assault in the second degree if he or she, under circumstances not amounting to assault in the first degree: (a) Intentionally assaults another and thereby recklessly inflicts…”
State v. DeRosia, 124 Wash. App. 138 (Wash. Ct. App. 2004).
State v. Esters, 927 P.2d 1140 (Wash. Ct. App. 1996).
— Wash. Rev. Code § 9A.36.130(l)(b) — 1 case
State v. Schlichtmann, 58 P.3d 901 (Wash. Ct. App. 2002).
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