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

Wash. Rev. Code § 9A.44.096 (2026)

Sexual misconduct with a minor in the second degree

✓ current as of May 2026
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(1) A person is guilty of sexual misconduct with a minor in the second degree when: (a) The person has, or knowingly causes another person under the age of eighteen to have, sexual contact 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 contact 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 contact 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 contact with his or her foster child who is at least sixteen.
(2) Sexual misconduct with a minor in the second degree is a gross misdemeanor.
(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 9; 2009 c 324 s 2; 2005 c 262 s 3; 2001 2nd sp.s. c 12 s 358; 1994 c 271 s 307; 1988 c 145 s 9.]

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 11 cases, 1991–2018 · leading case: State v. Gresham, 269 P.3d 207 (Wash. 2012).
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State v. Gresham, 269 P.3d 207 (Wash. 2012). “030; (b) Any violation under RCW 9A.44.096 (sexual misconduct with a minor in the second degree); and (c) Any violation under RCW 9.”
A.T. v. Everett Sch. Dist., 300 F. Supp. 3d 1243 (W.D. Wash. 2018). · cites it 3× “Under RCW 9A.44.096, sexual misconduct with a minor in the second degree includes when "the person is a school employee who has .”
State v. Taylor, 162 Wash. App. 791 (Wash. Ct. App. 2011). “030; (ii) Any violation under RCW 9A.44.096 (sexual misconduct with a minor in the second degree); (iii) Any violation under RCW 9.”
State v. Brown, 899 P.2d 34 (Wash. Ct. App. 1995). · cites it 2× “089, respectively), second degree sexual misconduct with a minor (RCW 9A.44.096), and indecent liberties (RCW 9A.”
In re P.M., 592 A.2d 862 (Vt. 1991). “, Wash. Rev. Code Ann. § 9A.44.096 (1990) (proscribing sexual contact with a person 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…”
State v. Scherner, 225 P.3d 248 (Wash. Ct. App. 2009). “030; (b) Any violation under RCW 9A.44.096 (sexual misconduct with a minor in the second degree); and (c) Any violation under RCW 9.”
State v. Taylor, 259 P.3d 289 (Wash. Ct. App. 2011). “030; (ii) Any violation under RCW 9A.44.096 (sexual misconduct with a minor in the second degree); (iii) Any violation under RCW 9.”
State v. Hirschfelder, 199 P.3d 1017 (Wash. Ct. App. 2009). “093 and RCW 9A.44.096, "Sexual misconduct with a minor," among the statutory descriptions of other offenses or statutes dealing with children, such as "Rape of a child," RCW 9A.”
State v. Hirschfelder, 148 Wash. App. 328 (Wash. Ct. App. 2009). “093 and RCW 9A.44.096, “Sexual misconduct with a minor,” among the statutory descriptions of other offenses or stat *339 ufes dealing with children, such as “Rape of a child,” RCW 9A.”
State Of Washington, V Fernando P. Hodgson (Wash. Ct. App. 2016). · cites it 2× “030, a violation of RCW 9A.44.096, a violation of RCW 9.68A.090, or a gross misdemeanor that is, under chapter 9A.”
In Re Pm, 592 A.2d 862 (Vt. 1991). “, Wash.Rev.Code Ann. § 9A.44.096 (1990) (proscribing sexual contact with a person 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…”
— Wash. Rev. Code § 9A.44.096(1)(b) — 1 case
A.T. v. Everett Sch. Dist., 300 F. Supp. 3d 1243 (W.D. Wash. 2018). “Under RCW 9A.44.096, sexual misconduct with a minor in the second degree includes when "the person is a school employee who has .”
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