Revised Code of Washington
Wash. Rev. Code § 9A.44.073 (2026)
Rape of a child in the first degree
✓ current as of May 2026
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(1) A person is guilty of rape of a child in the first degree when the person has sexual intercourse with another who is less than twelve years old and the perpetrator is at least twenty-four months older than the victim.
(2) Rape of a child in the first degree is a class A felony.
Notes:
Effective date—2021 c 142: See note following RCW 9A.44.050.
Effective date—Savings—Application—1988 c 145: See notes following RCW 9A.44.010.
Notes of Decisions
Cited in 248
cases (41 in the last 5 years), 1990–2025 · leading case: State v. Bobenhouse, 214 P.3d 907 (Wash. 2009).
State v. Bobenhouse, 214 P.3d 907 (Wash. 2009). “Bobenhouse argues that RCW 9A.44.073 (rape of a child in the first degree) requires sexual intercourse between the perpetrator and the victim; this is what the statute expressly provides.”
State v. Bobenhouse, 166 Wash. 2d 881 (Wash. 2009). “Bobenhouse argues that RCW 9A.44.073 (rape of a child in the first degree) requires sexual intercourse between the perpetrator and the victim; this is what the statute expressly provides.”
In re the Pers. Restraint of Thompson, 10 P.3d 380 (Wash. 2000). “RCW 9A.44.073; Laws of 1988, ch. 145, § 2.”
Pers. Restraint of Thompson, 10 P.3d 380 (Wash. 2000). “RCW 9A.44.073; Laws of 1988, ch. 145, § 2.”
In re Pers. Restraint of Arnold, 410 P.3d 1133 (Wash. 2018). “090 (1979), and replaced them all with statutes criminalizing three degrees of the crime of rape of a child: RCW 9A.44.073, .076, and .079. See SUBSTITUTE H.”
State v. Delgado, 63 P.3d 792 (Wash. 2003). “In violation of RCW 9A.44.073. In violation of RCW 9A.44.”
State v. Blake, 481 P.3d 521 (Wash. 2021). “Not surprisingly, Yishmael did not claim that he had not intended any of those actions.”
State v. T.J.M., 162 P.3d 1175 (Wash. Ct. App. 2007). “appeals his juvenile court adjudication of first degree rape of a child under RCW 9A.44.073. He argues that RCW 9A.44.073 violates (1) his constitutional right to equal protection under the law because the statute does not allow a consent defense and (2) his substantive due…”
State v. Stockwell, 150 P.3d 82 (Wash. 2007). “FAIRHURST and JAMES M. JOHNSON, JJ. SANDERS, J. (dissenting). ¶ 14 The majority holds first degree statutory rape under former RCW 9A.”
State v. Stockwell, 159 Wash. 2d 394 (Wash. 2007). “145, § 2, codified as RCW 9A.44.073. Stockwell asserts that this court has already found that rape of a child and statutory rape were not substantially similar in In re Personal Restraint of Thompson, 141 Wn.”
Christensen v. Royal Sch. Dist. No. 160, 124 P.3d 283 (Wash. 2005). “¶ 10 Although the District and Andersen contend that a 13-year-old is capable of consenting to sexual relations, the legislature has rejected this notion in the criminal arena by adopting statutes which provide that an adult is guilty of a felony if he or she engages in sexual…”
State v. Bobenhouse, 143 Wash. App. 315 (Wash. Ct. App. 2008). “RCW 9A.44.073. Although sexual intercourse may be accomplished by multiple different acts of penetration (RCW 9A.”
— Wash. Rev. Code § 9A.44.073(1) — 73 cases
State v. Bobenhouse, 214 P.3d 907 (Wash. 2009). “Bobenhouse argues that RCW 9A.44.073 (rape of a child in the first degree) requires sexual intercourse between the perpetrator and the victim; this is what the statute expressly provides.”
State v. Bobenhouse, 166 Wash. 2d 881 (Wash. 2009). “Bobenhouse argues that RCW 9A.44.073 (rape of a child in the first degree) requires sexual intercourse between the perpetrator and the victim; this is what the statute expressly provides.”
State v. Stockwell, 159 Wash. 2d 394 (Wash. 2007). “145, § 2, codified as RCW 9A.44.073. Stockwell asserts that this court has already found that rape of a child and statutory rape were not substantially similar in In re Personal Restraint of Thompson, 141 Wn.”
State v. SH, 877 P.2d 205 (Wash. Ct. App. 1994).
State v. Stockwell, 150 P.3d 82 (Wash. 2007). “FAIRHURST and JAMES M. JOHNSON, JJ. SANDERS, J. (dissenting). ¶ 14 The majority holds first degree statutory rape under former RCW 9A.”
— Wash. Rev. Code § 9A.44.073(2) — 12 cases
State v. Bobenhouse, 143 Wash. App. 315 (Wash. Ct. App. 2008). “RCW 9A.44.073. Although sexual intercourse may be accomplished by multiple different acts of penetration (RCW 9A.”
State v. Bobenhouse, 177 P.3d 209 (Wash. Ct. App. 2008).
State v. Borboa, 102 P.3d 183 (Wash. Ct. App. 2004).
State v. Ball, 113 P.3d 520 (Wash. Ct. App. 2005).
State v. Borboa, 124 Wash. App. 779 (Wash. Ct. App. 2004).
— Wash. Rev. Code § 9A.44.073(b) — 1 case
State Of Washington, / Cross- App. v. Jeffrey Michael Kinzle, / Cross-res. (Wash. Ct. App. 2013).
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