Revised Code of Washington

Wash. Rev. Code § 9A.44.160 (2026)

Custodial sexual misconduct in the first degree

✓ current as of May 2026

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(1) A person is guilty of custodial sexual misconduct in the first degree when the person has sexual intercourse with another person:

(a) When:

(i) The victim is a resident of a state, county, or city adult or juvenile correctional facility, including but not limited to jails, prisons, detention centers, or work release facilities, or is under correctional supervision; and

(ii) The perpetrator is an employee or contract personnel of a correctional agency and the perpetrator has, or the victim reasonably believes the perpetrator has, the ability to influence the terms, conditions, length, or fact of incarceration or correctional supervision; or

(b) When the victim is being detained, under arrest, or in the custody of a law enforcement officer and the perpetrator is a law enforcement officer.

(2) Consent of the victim is not a defense to a prosecution under this section.

(3) Custodial sexual misconduct in the first degree is a class B felony.

[ 2023 c 7 s 1; 1999 c 45 s 1.]

Notes:

Short title—2023 c 7: "This act may be known and cited as Kimberly Bender's law." [ 2023 c 7 s 4.]

Notes of Decisions

Cited in 8 cases, 2009–2018 · 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 2× “RCW 9A.44.160. That the legislature saw fit to criminalize sex between school employees and high school students — even those who reach the age of majority while registered as students — is a policy choice that recognizes the special position of trust and authority teachers hold…”

State v. Torres, 212 P.3d 573 (Wash. Ct. App. 2009). · cites it 3× “[11] ¶ 22 Here, the State charged Torres under the first degree custodial sexual misconduct statute, RCW 9A.44.160, which provides in relevant part: (1) A person is guilty of custodial sexual misconduct in the first degree when the person has sexual intercourse with another…”

State v. Torres, 151 Wash. App. 378 (Wash. Ct. App. 2009). · cites it 3× “11 ¶22 Here, the State charged Torres under the first degree custodial sexual misconduct statute, RCW 9A.44.160, which provides in relevant part: (1) A person is guilty of custodial sexual misconduct in the first degree when the person has sexual intercourse with another person:…”

State v. Hirschfelder, 242 P.3d 876 (Wash. 2010). · cites it 2× “RCW 9A.44.160. That the legislature saw fit to criminalize sex between school employees and high school students even those who reach the age of majority while registered as studentsis a policy choice that recognizes the special position of trust and authority teachers hold…”

Sherman v. Del. Dep't of Pub. Saf., 190 A.3d 148 (Del. 2018). “452 (West) (defining "custodial sexual misconduct," a class C felony, to include sex with someone "in the custody of a law enforcement agency following arrest"); Wash. Rev. Code Ann. § 9A.44.160 (West) (defining "custodial sexual misconduct," a class C felony, to include "[w]hen…”

State v. Clapper, 313 P.3d 497 (Wash. Ct. App. 2013). · cites it 5× “Clapper appeals his conviction, asserting that the custodial misconduct statute, RCW 9A.44.160, is unconstitutionally vague because an ordinary person cannot determine whether the statute applies to a corrections officer who had sexual intercourse with a prison inmate.”

State Of Washington v. Jonathan Ryan Clapper (Wash. Ct. App. 2013). “The ability to directly influence the conditions of custody through correctional supervision and to indirectly influence them through issuance of an infraction unmistakably fall within the scope of RCW 9A.44.160. Therefore, an ordinary person could determine from the statute' s…”

State Of Washington v. Daniel Lavely (Wash. Ct. App. 2015). “7 Under RCW 9A.44.160(1)(b), “A person is guilty of custodial sexual misconduct in the first degree when the person has sexual intercourse with another person: .”

— Wash. Rev. Code § 9A.44.160(1)(b) — 2 cases

State v. Torres, 212 P.3d 573 (Wash. Ct. App. 2009). “[11] ¶ 22 Here, the State charged Torres under the first degree custodial sexual misconduct statute, RCW 9A.44.160, which provides in relevant part: (1) A person is guilty of custodial sexual misconduct in the first degree when the person has sexual intercourse with another…”

— Wash. Rev. Code § 9A.44.160(2) — 4 cases

State v. Hirschfelder, 170 Wash. 2d 536 (Wash. 2010). “RCW 9A.44.160. That the legislature saw fit to criminalize sex between school employees and high school students — even those who reach the age of majority while registered as students — is a policy choice that recognizes the special position of trust and authority teachers hold…”

State v. Hirschfelder, 242 P.3d 876 (Wash. 2010). “RCW 9A.44.160. That the legislature saw fit to criminalize sex between school employees and high school students even those who reach the age of majority while registered as studentsis a policy choice that recognizes the special position of trust and authority teachers hold…”

State v. Torres, 151 Wash. App. 378 (Wash. Ct. App. 2009). “11 ¶22 Here, the State charged Torres under the first degree custodial sexual misconduct statute, RCW 9A.44.160, which provides in relevant part: (1) A person is guilty of custodial sexual misconduct in the first degree when the person has sexual intercourse with another person:…”

— Wash. Rev. Code § 9A.44.160(l)(b) — 1 case

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