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

Wash. Rev. Code § 9A.44.089 (2026)

Child molestation in the third degree

✓ current as of May 2026
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(1) A person is guilty of child molestation in the third 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 fourteen years old but less than sixteen years old and the perpetrator is at least forty-eight months older than the victim.
(2) Child molestation in the third degree is a class C felony.
[ 2021 c 142 s 7; 1994 c 271 s 305; 1988 c 145 s 7.]

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 51 cases (15 in the last 5 years), 1990–2026 · leading case: United States v. Francisco Martinez, 786 F.3d 1227 (9th Cir. 2015).
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United States v. Francisco Martinez, 786 F.3d 1227 (9th Cir. 2015). · cites it 6× “Martinez asserts that the underlying removal order was invalid because his conviction for third-degree child molestation in violation of Wash. Rev.Code § 9A.44.089 (2001) was not an aggravated felony.”
In re Pers. Restraint of Arnold, 410 P.3d 1133 (Wash. 2018). “086 (child molestation in the second degree), or RCW 9A.44.089 (child molestation in the third degree).”
State v. Heaven, 110 P.3d 835 (Wash. Ct. App. 2005). · cites it 4× “, a minor, in violation of RCW 9A.44.089. The information did not identify specific acts or segregate charging periods among the three counts.”
State v. Heaven, 127 Wash. App. 156 (Wash. Ct. App. 2005). · cites it 4× “, a *159 minor, in violation of RCW 9A.44.089. The information did not identify specific acts or segregate charging periods among the three counts.”
State v. Land, 295 P.3d 782 (Wash. Ct. App. 2013). “*600 ¶14 Child rape requires proof of “sexual intercourse” with a child.”
State v. Goss, 378 P.3d 154 (Wash. 2016). “RCW 9A.44.089. The legislative purpose in dividing the crime into these three degrees is not hard to discern.”
State v. Brooks, 455 P.3d 1151 (Wash. 2020). “3 RCW 9A.44.089(1) provides: A person is guilty of child molestation in the third 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 fourteen years old but less than sixteen years old and…”
State v. Johnson, 327 P.3d 704 (Wash. Ct. App. 2014). “However, by 2011 the code reviser had recodified former RCW 9.94A.712 as RCW 9.”
State v. Soonalole, 992 P.2d 541 (Wash. Ct. App. 2000). · cites it 2× “DISCUSSION Soonalole contends that imposing two convictions under RCW 9A.44.089, for child molestation in the third degree and the lesser included attempted child molestation in the third degree, violates the state and federal constitutional prohibitions against double jeopardy.”
State v. Bankes, 57 P.3d 284 (Wash. Ct. App. 2002). “NOTES [1] RCW 9A.44.089 and RCW 9A.44.060(1)(a) respectively.”
State Of Washington v. Benjamin Batson, 447 P.3d 202 (Wash. Ct. App. 2019). “~ RCW 9A.44.089, Washington’s child molestation statute, makes it unlawful for a person to have sexual contact with a minor at least 14 years of age but under the age of 16, if the perpetrator is at least 4 years older than the victim.”
United States v. Eduardo Cruz-De Jesus, 663 F. App'x 296 (5th Cir. 2016). “Wash. Rev. Code § 9A.44.089(1) (2014). To determine whether conduct criminalized under a statute constitutes “sexual abuse of a minor,” this court examines three factors: (1) whether the conduct involved a minor; (2) whether the conduct was “sexual”; and (3) whether the conduct…”
Show all 51 citing cases →
— Wash. Rev. Code § 9A.44.089(1) — 18 cases
State v. Land, 295 P.3d 782 (Wash. Ct. App. 2013). “*600 ¶14 Child rape requires proof of “sexual intercourse” with a child.”
State v. Brooks, 455 P.3d 1151 (Wash. 2020). “3 RCW 9A.44.089(1) provides: A person is guilty of child molestation in the third 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 fourteen years old but less than sixteen years old and…”
State v. Soonalole, 992 P.2d 541 (Wash. Ct. App. 2000). “DISCUSSION Soonalole contends that imposing two convictions under RCW 9A.44.089, for child molestation in the third degree and the lesser included attempted child molestation in the third degree, violates the state and federal constitutional prohibitions against double jeopardy.”
United States v. Eduardo Cruz-De Jesus, 663 F. App'x 296 (5th Cir. 2016). “Wash. Rev. Code § 9A.44.089(1) (2014). To determine whether conduct criminalized under a statute constitutes “sexual abuse of a minor,” this court examines three factors: (1) whether the conduct involved a minor; (2) whether the conduct was “sexual”; and (3) whether the conduct…”
State v. Deer, 244 P.3d 965 (Wash. Ct. App. 2010).
— Wash. Rev. Code § 9A.44.089(2) — 5 cases
Pers. Restraint Petition Of Michael Troy Yeager (Wash. Ct. App. 2016).
State of Washington v. Stephen Wayne Miller (Wash. Ct. App. 2017).
State Of Washington v. Jonathan Perez Duenas (Wash. Ct. App. 2017).
State Of Washington v. Martin Amaya-ontiveros (Wash. Ct. App. 2017).
State Of Washington, V. Thomas Bostelle (Wash. Ct. App. 2022).
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