Brief Description: Modifying provisions relating to sexual misconduct with a minor.

Sponsors: Representative Nixon.

Hearing Date: 1/31/06

Staff: Jim Morishima (786-7191).

Background:

Generally speaking, the "age of consent" in Washington is 16. In other words, consensual sexual intercourse with a minor 16 or older does not constitute Rape of a Child or Child Molestation. However, consensual sexual intercourse or sexual contact with a person 16 or 17 years of age can be illegal under some special circumstances.

For example, a person is guilty of Sexual Misconduct with a Minor if he or she has sexual intercourse or sexual contact with a victim 16 or 17 years of age and one of the following special circumstances exists:

• The perpetrator is at least five years older than the victim, is in a significant relationship with the victim, and abused a supervisory position within that relationship to have the sexual intercourse or sexual contact;
• The perpetrator is at least five years older than the victim and is an employee of a school, and the victim is a student at the school; or
• The perpetrator is the victim's foster parent.

If the conduct involved is sexual intercourse, the person is guilty of Sexual Misconduct with a Minor in the first degree, which is a class C felony with a seriousness level of V. If the conduct involved is sexual contact, the person is guilty of Sexual Misconduct with a Minor in the second degree, which is a gross misdemeanor.

Summary of Bill:

Sexual intercourse or sexual contact with a person 16 or 17 years of age by a person who is at least five years older than the victim constitutes Sexual Misconduct with a Minor under any circumstance.

Appropriation: None.

Fiscal Note: Requested on January 25, 2006.

Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.