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

Wash. Rev. Code § 9A.44.093 (2026)

Sexual misconduct with a minor in the first degree

✓ current as of May 2026
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(1) A person is guilty of sexual misconduct with a minor in the first degree when: (a) The person has, or knowingly causes another person under the age of eighteen to have, sexual intercourse with another person who is at least sixteen years old but less than eighteen years old, if the perpetrator is at least sixty months older than the victim, is in a significant relationship to the victim, and abuses a supervisory position within that relationship in order to engage in or cause another person under the age of eighteen to engage in sexual intercourse with the victim; (b) the person is a school employee who has, or knowingly causes another person under the age of eighteen to have, sexual intercourse with an enrolled student of the school who is at least sixteen years old and not more than twenty-one years old, if the employee is at least sixty months older than the student; or (c) the person is a foster parent who has, or knowingly causes another person under the age of eighteen to have, sexual intercourse with his or her foster child who is at least sixteen.
(2) Sexual misconduct with a minor in the first degree is a class C felony.
(3) For the purposes of this section:
(a) "Enrolled student" means any student enrolled at or attending a program hosted or sponsored by a common school as defined in RCW 28A.150.020, or a student enrolled at or attending a program hosted or sponsored by a private school under chapter 28A.195 RCW, or any person who receives home-based instruction under chapter 28A.200 RCW.
(b) "School employee" means an employee of a common school defined in RCW 28A.150.020, or a grade kindergarten through twelve employee of a private school under chapter 28A.195 RCW, who is not enrolled as a student of the common school or private school.
[ 2021 c 142 s 8; 2009 c 324 s 1; 2005 c 262 s 2; 2001 2nd sp.s. c 12 s 357; 1994 c 271 s 306; 1988 c 145 s 8.]

Notes:

Effective date—2021 c 142: See note following RCW 9A.44.050.
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 ss 301-363: See note following RCW 9.94A.030.
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 23 cases (3 in the last 5 years), 1990–2025 · leading case: State v. Hirschfelder, 170 Wash. 2d 536 (Wash. 2010).
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State v. Hirschfelder, 170 Wash. 2d 536 (Wash. 2010). · cites it 39× “093 provided: (1) A person is guilty of sexual misconduct with a minor in the first degree when: (a) The person has, or knowingly causes another person under the age of eighteen to have, sexual intercourse with another person who is at least sixteen years old but less than…”
State v. Hirschfelder, 242 P.3d 876 (Wash. 2010). · cites it 42× “093 provided: (1) A person is guilty of sexual misconduct with a minor in the first degree when: (a) The person has, or knowingly causes another person under the age of eighteen to have, sexual intercourse with another person who is at least sixteen years old but less than…”
State v. Clinkenbeard, 123 P.3d 872 (Wash. Ct. App. 2005). · cites it 20× “He argues that it violates substantive due process and equal protection guarantees because it criminalizes consensual, private, adult sexual conduct.”
State v. Clinkenbeard, 130 Wash. App. 552 (Wash. Ct. App. 2005). · cites it 15× “093(1)(b) is unconstitutional on its face and as applied in his case because this statute intrudes on the fundamental rights of privacy and intimate association and is not necessary to serve a compelling state interest. *560 ¶11 RCW 9A.44.093(1)(b) makes it a class C felony for…”
State v. Hirschfelder, 199 P.3d 1017 (Wash. Ct. App. 2009). · cites it 63× “093(1)(b), [3] which applies here, a school employee is guilty of sexual misconduct with a minor if he or she has sexual intercourse with a student who is (1) at least 16-years-old, (2) at least 60 months younger than the employee, and (3) not married to the employee.”
State v. Hirschfelder, 148 Wash. App. 328 (Wash. Ct. App. 2009). · cites it 53× “¶10 The State counters that the legislature’s failure to define “minor” in RCW 9A.44.093 or anywhere in chapter 9A.44 RCW does not mean that the legislature intended to restrict the definition of “minor” to a person under the age of majority.”
United States v. Rodriguez-Guzman, 506 F.3d 738 (9th Cir. 2007). · cites it 2× “13, § 3252 ; Wash. Rev.Code § 9A.44.093; W. Va.Code § 61-8D-5; Wyo.”
State v. McKenzie-Adams, 915 A.2d 822 (Conn. 2007). “2006); Wash. Rev. Code Ann. § 9A.44.093 (1) (b) (West Sup.”
State v. Fiser, 995 P.2d 107 (Wash. Ct. App. 2000). “RCW 9A.44.093(1). Here, Fiser challenges the sufficiency of the evidence on the element of abuse of supervisory position.”
Triplett v. Dep't of Soc. & Health Servs., 166 Wash. App. 423 (Wash. Ct. App. 2012). “010 deals with transfers to minors and uses 25 as the age of majority; and RCW 9A.44.093 defines sexual misconduct with a minor and includes some individuals up to age 21 as minors; RCW 51.”
Shari Furnstahl v. Jonnie Barr & Sue Barr, 389 P.3d 635 (Wash. Ct. App. 2016). “089 (child molestation in the first, second, and third degree); and RCW 9A.44.093 and .096 (sexual misconduct with a minor in the first and second degree)).”
State v. Grewe, 796 P.2d 438 (Wash. Ct. App. 1990). “…liberties statute and new crimes of sexual misconduct with a minor in the first and second degree were created. RCW 9A.44.093, .096.”
Show all 23 citing cases →
— Wash. Rev. Code § 9A.44.093(1) — 5 cases
State v. Hirschfelder, 170 Wash. 2d 536 (Wash. 2010). “093 provided: (1) A person is guilty of sexual misconduct with a minor in the first degree when: (a) The person has, or knowingly causes another person under the age of eighteen to have, sexual intercourse with another person who is at least sixteen years old but less than…”
State v. Hirschfelder, 242 P.3d 876 (Wash. 2010). “093 provided: (1) A person is guilty of sexual misconduct with a minor in the first degree when: (a) The person has, or knowingly causes another person under the age of eighteen to have, sexual intercourse with another person who is at least sixteen years old but less than…”
State v. Fiser, 995 P.2d 107 (Wash. Ct. App. 2000). “RCW 9A.44.093(1). Here, Fiser challenges the sufficiency of the evidence on the element of abuse of supervisory position.”
State v. Hirschfelder, 148 Wash. App. 328 (Wash. Ct. App. 2009). “¶10 The State counters that the legislature’s failure to define “minor” in RCW 9A.44.093 or anywhere in chapter 9A.44 RCW does not mean that the legislature intended to restrict the definition of “minor” to a person under the age of majority.”
State v. Hirschfelder, 199 P.3d 1017 (Wash. Ct. App. 2009). “093(1)(b), [3] which applies here, a school employee is guilty of sexual misconduct with a minor if he or she has sexual intercourse with a student who is (1) at least 16-years-old, (2) at least 60 months younger than the employee, and (3) not married to the employee.”
— Wash. Rev. Code § 9A.44.093(1)(a) — 1 case
State v. Hirschfelder, 242 P.3d 876 (Wash. 2010). “093 provided: (1) A person is guilty of sexual misconduct with a minor in the first degree when: (a) The person has, or knowingly causes another person under the age of eighteen to have, sexual intercourse with another person who is at least sixteen years old but less than…”
— Wash. Rev. Code § 9A.44.093(1)(b) — 5 cases
State v. Hirschfelder, 242 P.3d 876 (Wash. 2010). “093 provided: (1) A person is guilty of sexual misconduct with a minor in the first degree when: (a) The person has, or knowingly causes another person under the age of eighteen to have, sexual intercourse with another person who is at least sixteen years old but less than…”
State v. Clinkenbeard, 123 P.3d 872 (Wash. Ct. App. 2005). “He argues that it violates substantive due process and equal protection guarantees because it criminalizes consensual, private, adult sexual conduct.”
State v. Clinkenbeard, 130 Wash. App. 552 (Wash. Ct. App. 2005). “093(1)(b) is unconstitutional on its face and as applied in his case because this statute intrudes on the fundamental rights of privacy and intimate association and is not necessary to serve a compelling state interest. *560 ¶11 RCW 9A.44.093(1)(b) makes it a class C felony for…”
State v. Hirschfelder, 199 P.3d 1017 (Wash. Ct. App. 2009). “093(1)(b), [3] which applies here, a school employee is guilty of sexual misconduct with a minor if he or she has sexual intercourse with a student who is (1) at least 16-years-old, (2) at least 60 months younger than the employee, and (3) not married to the employee.”
State v. Hirschfelder, 148 Wash. App. 328 (Wash. Ct. App. 2009). “¶10 The State counters that the legislature’s failure to define “minor” in RCW 9A.44.093 or anywhere in chapter 9A.44 RCW does not mean that the legislature intended to restrict the definition of “minor” to a person under the age of majority.”
— Wash. Rev. Code § 9A.44.093(1)(c) — 3 cases
State v. Hirschfelder, 199 P.3d 1017 (Wash. Ct. App. 2009). “093(1)(b), [3] which applies here, a school employee is guilty of sexual misconduct with a minor if he or she has sexual intercourse with a student who is (1) at least 16-years-old, (2) at least 60 months younger than the employee, and (3) not married to the employee.”
State v. Hirschfelder, 148 Wash. App. 328 (Wash. Ct. App. 2009). “¶10 The State counters that the legislature’s failure to define “minor” in RCW 9A.44.093 or anywhere in chapter 9A.44 RCW does not mean that the legislature intended to restrict the definition of “minor” to a person under the age of majority.”
State Of Washington, V. Anthony Allen Crouch (Wash. Ct. App. 2024).
— Wash. Rev. Code § 9A.44.093(3) — 4 cases
State v. Hirschfelder, 170 Wash. 2d 536 (Wash. 2010). “093 provided: (1) A person is guilty of sexual misconduct with a minor in the first degree when: (a) The person has, or knowingly causes another person under the age of eighteen to have, sexual intercourse with another person who is at least sixteen years old but less than…”
State v. Hirschfelder, 242 P.3d 876 (Wash. 2010). “093 provided: (1) A person is guilty of sexual misconduct with a minor in the first degree when: (a) The person has, or knowingly causes another person under the age of eighteen to have, sexual intercourse with another person who is at least sixteen years old but less than…”
State v. Hirschfelder, 199 P.3d 1017 (Wash. Ct. App. 2009). “093(1)(b), [3] which applies here, a school employee is guilty of sexual misconduct with a minor if he or she has sexual intercourse with a student who is (1) at least 16-years-old, (2) at least 60 months younger than the employee, and (3) not married to the employee.”
State v. Hirschfelder, 148 Wash. App. 328 (Wash. Ct. App. 2009). “¶10 The State counters that the legislature’s failure to define “minor” in RCW 9A.44.093 or anywhere in chapter 9A.44 RCW does not mean that the legislature intended to restrict the definition of “minor” to a person under the age of majority.”
— Wash. Rev. Code § 9A.44.093(a)(b) — 2 cases
State v. Solomon, 274 So. 3d 1017 (Ala. Crim. App. 2018).
State v. Solomon, 274 So. 3d 1017 (Ala. Crim. App. 2018).
— Wash. Rev. Code § 9A.44.093(l)(b) — 3 cases
State v. Hirschfelder, 170 Wash. 2d 536 (Wash. 2010). “093 provided: (1) A person is guilty of sexual misconduct with a minor in the first degree when: (a) The person has, or knowingly causes another person under the age of eighteen to have, sexual intercourse with another person who is at least sixteen years old but less than…”
State v. Clinkenbeard, 130 Wash. App. 552 (Wash. Ct. App. 2005). “093(1)(b) is unconstitutional on its face and as applied in his case because this statute intrudes on the fundamental rights of privacy and intimate association and is not necessary to serve a compelling state interest. *560 ¶11 RCW 9A.44.093(1)(b) makes it a class C felony for…”
State v. Hirschfelder, 148 Wash. App. 328 (Wash. Ct. App. 2009). “¶10 The State counters that the legislature’s failure to define “minor” in RCW 9A.44.093 or anywhere in chapter 9A.44 RCW does not mean that the legislature intended to restrict the definition of “minor” to a person under the age of majority.”
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