Second-Degree Sexual Misconduct With a Minor

When allegations of sexual misconduct involving minors surface, they can destroy reputations, tear apart families, and result in life-altering consequences. Washington state takes these charges seriously, and the penalties can follow you for years to come. If you are facing second-degree sexual misconduct charges, you need to understand exactly what you are up against and how to protect your future.

Contact our Tacoma sex crimes attorney for a confidential consultation and the legal guidance you need.

What Are Second-Degree Sexual Misconduct Charges in Washington?

Second-degree sexual misconduct with a minor involves situations where sexual contact occurs between an adult and a minor aged 16 or 17. The crime involves three main scenarios: 

• When someone in a position of authority abuses their supervisory role with someone at least five years younger
• When a school employee engages in sexual contact with a student who is at least five years younger
• When a foster parent has sexual contact with their foster child who is at least 16

Prosecutors must prove an age difference of at least five years, the existence of a supervisory or authority relationship, and that sexual contact occurred to convict someone of this crime.

What Are the Criminal Punishments for This Offense?

Second-degree sexual misconduct with a minor is classified as a gross misdemeanor in Washington State. If convicted, you face up to 364 days in jail and fines reaching $5,000. However, the consequences extend far beyond these immediate penalties. A conviction creates a permanent criminal record that can impact your employment opportunities, professional licenses, housing applications, and personal relationships.

The court has discretion in sentencing, meaning factors like your criminal history, the specific circumstances of your case, and other considerations can influence the final punishment. Even if you avoid jail time, you may face probation, community service, mandatory counseling, and other court-ordered penalties. 

Common Defenses Against Sexual Misconduct Charges

If you are arrested on suspicion of second-degree sexual misconduct, you have the right to defend yourself. Stay silent and do not answer any questions until you have spoken with an attorney. A Washington criminal defense lawyer will develop a strategy designed to defend your rights and achieve the best possible outcome.

Several defenses can be used in your case, including:

• Lack of knowledge or intent, proving you were unaware of the minor’s true age or didn’t understand the nature of your relationship qualified as supervisory
• Insufficient evidence, challenging the credibility of witnesses, authenticity of digital communications, and overall integrity of the prosecution’s evidence
• Constitutional violations during investigation or arrest, including unlawful searches, improper Miranda warnings, or other procedural errors
• Entrapment, showing that law enforcement officers induced you to commit acts you would not have otherwise committed by crossing legal boundaries

Protect Your Rights: Contact a Criminal Defense Attorney Immediately

Sexual misconduct charges are taken very seriously in Washington. The prosecution will aggressively pursue these cases, and you cannot afford to navigate this process alone. Every day you wait potentially weakens your defense and limits your options.

Your future depends on taking swift action to protect your rights and build a strong defense strategy-and The Law Offices of Mark S. Treyz can help. For years, we have fought for the rights of those accused of serious crimes, defending their side of the story and protecting their future. Contact us at (253) 272-8666 today and discuss your case with a Washington criminal defense lawyer.