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

Wash. Rev. Code § 9A.44.083 (2026)

Child molestation in the first degree

✓ current as of May 2026
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(1) A person is guilty of child molestation in the first degree when the person has, or knowingly causes another person under the age of eighteen to have, sexual contact with another who is less than twelve years old and the perpetrator is at least thirty-six months older than the victim.
(2) Child molestation in the first degree is a class A felony.
[ 2021 c 142 s 5; 1994 c 271 s 303; 1990 c 3 s 902; 1988 c 145 s 5.]

Notes:

Effective date—2021 c 142: See note following RCW 9A.44.050.
Intent—1994 c 271: See note following RCW 9A.44.010.
Purpose—Severability—1994 c 271: See notes following RCW 9A.28.020.
Effective date—Savings—Application—1988 c 145: See notes following RCW 9A.44.010.
Notes of Decisions
Cited in 305 cases (59 in the last 5 years), 1989–2026 · leading case: State v. Aho, 975 P.2d 512 (Wash. 1999).
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State v. Aho, 975 P.2d 512 (Wash. 1999). · cites it 7× “In accord with RCW 9A.44.083, the jury was instructed that to convict Aho on any of the child molestation counts, the State had to prove that he had sexual contact with the victim during a stated time period beginning January 1, 1987, that the victim was under age 12, and that…”
State v. Aho, 975 P.2d 512 (Wash. 1999). · cites it 7× “In accord with RCW 9A.44.083, the jury was instructed that to convict Aho on any of the child molestation *514 counts, the State had to prove that he had sexual contact with the victim during a stated time period beginning January 1, 1987, that the victim was under age 12, and…”
State v. Lorenz, 93 P.3d 133 (Wash. 2004). · cites it 3× “083 unambiguously states that a person is guilty of the crime of first degree child molestation if (1) the perpetrator has sexual contact (2) with a victim who is less than twelve years old, and (3) the perpetrator is at least thirty six months older than the victim. The plain…”
In Re Juveniles A, B, C, D, E, 847 P.2d 455 (Wash. 1993). · cites it 6× “Juvenile "B", a 14-year-old boy, was charged with first degree child molestation, RCW 9A.44.083, which occurred on July 15, 1988.”
State v. Lorenz, 93 P.3d 133 (Wash. 2004). · cites it 3× “083 unambiguously states that a person is guilty of the crime of first degree of child molestation if: (1) the perpetrator has sexual contact, (2) with victim who is less than twelve years old, and (3) perpetrator is at least thirty six months older than the victim. The plain…”
In re Pers. Restraint of Phelps, 410 P.3d 1142 (Wash. 2018). · cites it 2× “RCW 9A.44.083. And just like in this case, the prosecutor's closing arguments in Braham focused on characterizing the defendant's actions as grooming: "[The expert] told you that it is typical in grooming, the offender is going to have a relationship of some kind with the victim.”
State v. ANJ, 225 P.3d 956 (Wash. 2010). · cites it 2× “was charged with one count of first degree child molestation under RCW 9A.44.083 and assigned a public defender, Douglas Anderson.”
State v. A.N.J., 168 Wash. 2d 91 (Wash. 2010). · cites it 2× “was charged with one count of first degree child molestation under RCW 9A.44.083 and assigned a public defender, Douglas Anderson.”
State v. Ortega, 84 P.3d 935 (Wash. Ct. App. 2004). · cites it 3× “073) committed on or about July 8, 2001, and one count of first degree child molestation (RCW 9A.44.083) committed on or about April 1, 2001 to July 31, 2001.”
State v. Ortega, 120 Wash. App. 165 (Wash. Ct. App. 2004). · cites it 3× “073) committed on or about July 8, 2001, and one count of first degree child molestation (RCW 9A.44.083) committed on or about April 1 to July 31, 2001.”
State v. Jones, 257 P.3d 616 (Wash. 2011). · cites it 2× “The State argued that Jones' sentence did not exceed the statutory maximum because under RCW 9A.44.083 and former RCW 9A.20.021 (1982), the statutory maximum sentence for Jones' offense, a class A felony, was life in prison.”
State v. Pryor, 782 P.2d 1076 (Wash. Ct. App. 1989). · cites it 4× “The statute has now been amended, and the same offense committed against children under the age of 12 is now characterized as child molestation in the first degree, RCW 9A.44.083. [4] For a good discussion of what constitutes "deliberate cruelty," see State v.”
Show all 305 citing cases →
— Wash. Rev. Code § 9A.44.083(1) — 121 cases
State v. Dow, 168 Wash. 2d 243 (Wash. 2010).
State v. Bertrand, 546 P.3d 1020 (Wash. 2024).
State v. ANJ, 225 P.3d 956 (Wash. 2010). “was charged with one count of first degree child molestation under RCW 9A.44.083 and assigned a public defender, Douglas Anderson.”
State v. A.N.J., 168 Wash. 2d 91 (Wash. 2010). “was charged with one count of first degree child molestation under RCW 9A.44.083 and assigned a public defender, Douglas Anderson.”
State v. Lorenz, 93 P.3d 133 (Wash. 2004). “083 unambiguously states that a person is guilty of the crime of first degree child molestation if (1) the perpetrator has sexual contact (2) with a victim who is less than twelve years old, and (3) the perpetrator is at least thirty six months older than the victim. The plain…”
— Wash. Rev. Code § 9A.44.083(2) — 15 cases
State v. Benitez, 302 P.3d 877 (Wash. Ct. App. 2013).
In re the Pers. Restraint of Quinn, 154 Wash. App. 816 (Wash. Ct. App. 2010).
State of Washington v. Russell Paul Kassner, 427 P.3d 659 (Wash. Ct. App. 2018).
State v. Flores, 56 P.3d 622 (Wash. Ct. App. 2002).
In Re Quinn, 226 P.3d 208 (Wash. Ct. App. 2010).
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