Wash. Rev. Code » Title 9A · Chapter 9A.44
Revised Code of Washington

Wash. Rev. Code § 9A.44.076 (2026)

Rape of a child in the second degree

✓ current as of May 2026
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(1) A person is guilty of rape of a child in the second degree when the person has sexual intercourse with another who is at least twelve years old but less than fourteen years old and the perpetrator is at least thirty-six months older than the victim.
(2) Rape of a child in the second degree is a class A felony.
[ 2021 c 142 s 3; 1990 c 3 s 903; 1988 c 145 s 3.]

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 124 cases (29 in the last 5 years), 1991–2026 · leading case: United States v. Valencia-Barragan, 608 F.3d 1103 (9th Cir. 2010).
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United States v. Valencia-Barragan, 608 F.3d 1103 (9th Cir. 2010). · cites it 3× “Wash. Rev. Code § 9A.44.076(1). Valencia-Barragan argues, first, that a conviction under section 9A.”
State v. Crossguns, 505 P.3d 529 (Wash. 2022). · cites it 3× “FACTS AND PROCEDURAL HISTORY On September 21, 2016, the State charged Crossguns with one count of second degree child rape in violation of RCW 9A.44.076(1) and one count of second degree child molestation in violation of RCW 9A.”
State v. Albarran, 383 P.3d 1037 (Wash. 2016). · cites it 5× “¶1 A jury found Miguel Albarran guilty of several crimes, including second degree rape of a child (in violation of RCW 9A.44.076) and second degree rape (in violation of RCW 9A.”
State v. Wilson, 158 Wash. App. 305 (Wash. Ct. App. 2010). · cites it 4× “100(1) is not a statute that is concurrent with the crime of rape of a child in the second degree in violation of RCW 9A.44.076(1), *308 and substantial evidence supports the conviction for attempted rape in the second degree, we affirm.”
Pers. Restraint Petition of Eddie Dean Arnold, 396 P.3d 375 (Wash. Ct. App. 2017). · cites it 4× “Here, second degree statutory rape is most comparable to second degree rape of a child, codified at RCW 9A.44.076( 1). I note there are a couple differences between second degree statutory rape and second degree rape of a child, both quoted above.”
State v. Hughes, 212 P.3d 558 (Wash. 2009). · cites it 2× “Here, the statutes at issue are RCW 9A.44.076, rape of a child in the second degree, 7 and RCW 9A.”
State v. Haviland, 345 P.3d 831 (Wash. Ct. App. 2015). · cites it 8× “David Christopher Haviland appeals his bench trial convictions and sentences for two counts of second degree child rape, RCW 9A.44.076, and three counts of third degree child rape, RCW 9A.”
State v. Hughes, 212 P.3d 558 (Wash. 2009). · cites it 2× “Here, the statutes at issue are RCW 9A.44.076, rape of a child in the second degree, [7] and RCW 9A.”
State v. Patel, 170 Wash. 2d 476 (Wash. 2010). · cites it 9× “Additionally, if RCW 9A.44.076 is a strict liability offense independently of RCW 9A.”
State v. Smith, 165 Wash. App. 296 (Wash. Ct. App. 2011). · cites it 4× “040(l)(a); second degree child rape, under RCW 9A.44.076; first degree kidnapping, under former RCW 9A.”
State v. Markle, 823 P.2d 1101 (Wash. 1992). · cites it 2× “080(1) (recodified as RCW 9A.44.076, rape of child in the second degree).”
In re Pers. Restraint of Arnold, 410 P.3d 1133 (Wash. 2018). “073 (rape of a child in the first degree), RCW 9A.44.076 (rape of a child in the second degree), RCW 9A.”
Show all 124 citing cases →
— Wash. Rev. Code § 9A.44.076(1) — 47 cases
State v. Crossguns, 505 P.3d 529 (Wash. 2022). “FACTS AND PROCEDURAL HISTORY On September 21, 2016, the State charged Crossguns with one count of second degree child rape in violation of RCW 9A.44.076(1) and one count of second degree child molestation in violation of RCW 9A.”
United States v. Valencia-Barragan, 608 F.3d 1103 (9th Cir. 2010). “Wash. Rev. Code § 9A.44.076(1). Valencia-Barragan argues, first, that a conviction under section 9A.”
State v. Wilson, 158 Wash. App. 305 (Wash. Ct. App. 2010). “100(1) is not a statute that is concurrent with the crime of rape of a child in the second degree in violation of RCW 9A.44.076(1), *308 and substantial evidence supports the conviction for attempted rape in the second degree, we affirm.”
Pers. Restraint Petition of Eddie Dean Arnold, 396 P.3d 375 (Wash. Ct. App. 2017). “Here, second degree statutory rape is most comparable to second degree rape of a child, codified at RCW 9A.44.076( 1). I note there are a couple differences between second degree statutory rape and second degree rape of a child, both quoted above.”
State v. Patel, 170 Wash. 2d 476 (Wash. 2010). “Additionally, if RCW 9A.44.076 is a strict liability offense independently of RCW 9A.”
— Wash. Rev. Code § 9A.44.076(2) — 11 cases
United States v. Valencia-Barragan, 608 F.3d 1103 (9th Cir. 2010). “Wash. Rev. Code § 9A.44.076(1). Valencia-Barragan argues, first, that a conviction under section 9A.”
State v. Slattum, 295 P.3d 788 (Wash. Ct. App. 2013).
State Of Washington, V Brian W. Buckman, 381 P.3d 79 (Wash. Ct. App. 2016).
United States v. Valencia-Barragan, 600 F.3d 1132 (9th Cir. 2010).
State Of Washington, V. Harlan W. Blackburn (Wash. Ct. App. 2026).
— Wash. Rev. Code § 9A.44.076(D) — 1 case
State v. Patel, 170 Wash. 2d 476 (Wash. 2010). “Additionally, if RCW 9A.44.076 is a strict liability offense independently of RCW 9A.”
— Wash. Rev. Code § 9A.44.076(l) — 2 cases
State v. Albarran (Wash. 2016).
State of Washington v. Timothy Michael Mitchell (Wash. Ct. App. 2015).
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