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

Wash. Rev. Code § 9A.44.086 (2026)

Child molestation in the second degree

✓ current as of May 2026
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(1) A person is guilty of child molestation in the second degree when the person has, or knowingly causes another person under the age of eighteen to have, sexual contact 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) Child molestation in the second degree is a class B felony.
[ 2021 c 142 s 6; 1994 c 271 s 304; 1988 c 145 s 6.]

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 82 cases (17 in the last 5 years), 1993–2026 · leading case: State v. Goss, 378 P.3d 154 (Wash. 2016).
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State v. Goss, 378 P.3d 154 (Wash. 2016). · cites it 6× “¶10 Goss argues that the charging document was fatally defective because it did not allege the victim was at least 12 years old as required, he contends, by the second degree child molestation statute, RCW 9A.44.086; due process; the Sixth Amendment to the United States…”
State v. Stevens, 143 P.3d 817 (Wash. 2006). · cites it 3× “RCW 9A.44.086. “Sexual contact” is statutorily defined as “any touching of the sexual or other intimate parts of a person done for the purpose of gratifying sexual desire of either party or a third party.”
In Re the Pers. Restraint of Heidari, 274 P.3d 366 (Wash. 2012). · cites it 4× “" RCW 9A.44.086(1). ¶ 11 The State points out, however, that we have held that second degree child molestation implicitly requires proof of intent.”
State v. Crossguns, 505 P.3d 529 (Wash. 2022). · cites it 2× “076(1) and one count of second degree child molestation in violation of RCW 9A.44.086. Clerk’s Papers (CP) at 1. Both counts named his daughter, R.”
In re Pers. Restraint of Arnold, 410 P.3d 1133 (Wash. 2018). “083 (child molestation in the first degree), RCW 9A.44.086 (child molestation in the second degree), or RCW 9A.”
State v. Garrett, 881 P.2d 185 (Wash. 1994). · cites it 2× “Garrett was charged by information in the Skagit County Superior Court with one count of second degree child molestation in violation of RCW 9A.44.086 based upon an incident at the *506 Cascade Mall involving a 13-year-old male person on January 24, 1991.”
State v. Land, 851 P.2d 678 (Wash. 1993). · cites it 2× “076 and one count of second degree child molestation in violation of RCW 9A.44.086. The counts were based on his contact with T.”
State Of Washington v. Daren M. Morales, 196 Wash. App. 106 (Wash. Ct. App. 2016). “¶72 In relevant part, RCW 9A.44.086(1) states that a person is guilty of second degree child molestation “when the person has, or knowingly causes .”
State Of Washington, Resp. v. Michael Goss, App., 358 P.3d 436 (Wash. Ct. App. 2015). · cites it 3× “1 RCW 9A.44.086. 2 Report of Proceedings at 483.”
State v. Johnson, 152 Wash. App. 924 (Wash. Ct. App. 2009). “A violation of RCW 9A.44.086. A violation of RCW 9A.44.083.”
State v. Jackson, 187 P.3d 321 (Wash. Ct. App. 2008). “[9] RCW 9A.44.086. [10] RCW 9A.44.010(2). [11] State v.”
State v. Jackson, 145 Wash. App. 814 (Wash. Ct. App. 2008). “RCW 9A.44.086. RCW 9A.44.010(2). State v.”
Show all 82 citing cases →
— Wash. Rev. Code § 9A.44.086(1) — 37 cases
In Re the Pers. Restraint of Heidari, 274 P.3d 366 (Wash. 2012). “" RCW 9A.44.086(1). ¶ 11 The State points out, however, that we have held that second degree child molestation implicitly requires proof of intent.”
State v. Goss, 378 P.3d 154 (Wash. 2016). “¶10 Goss argues that the charging document was fatally defective because it did not allege the victim was at least 12 years old as required, he contends, by the second degree child molestation statute, RCW 9A.44.086; due process; the Sixth Amendment to the United States…”
State v. Crossguns, 505 P.3d 529 (Wash. 2022). “076(1) and one count of second degree child molestation in violation of RCW 9A.44.086. Clerk’s Papers (CP) at 1. Both counts named his daughter, R.”
State v. Stevens, 143 P.3d 817 (Wash. 2006). “RCW 9A.44.086. “Sexual contact” is statutorily defined as “any touching of the sexual or other intimate parts of a person done for the purpose of gratifying sexual desire of either party or a third party.”
State Of Washington v. Daren M. Morales, 196 Wash. App. 106 (Wash. Ct. App. 2016). “¶72 In relevant part, RCW 9A.44.086(1) states that a person is guilty of second degree child molestation “when the person has, or knowingly causes .”
— Wash. Rev. Code § 9A.44.086(2) — 11 cases
State v. Bruch, 346 P.3d 724 (Wash. 2015).
State Of Washington, V Teri Michael Talbot (Wash. Ct. App. 2017).
State Of Washington v. Kevin Lee Garrison (Wash. Ct. App. 2018).
James E. Ellis v. State of Washington (Wash. Ct. App. 2018).
State Of Washington, V Jesus N. Gordillo Reyes (Wash. Ct. App. 2018).
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