Facing accusations of sexual misconduct can be terrifying. First-degree sexual misconduct with a minor is a very serious charge in Washington, and if you find yourself in this position, you need a Tacoma sex criminal lawyer to help you understand exactly what you’re up against and how to protect your rights from the moment allegations surface. These charges carry major penalties and lasting social stigma that can affect your reputation, career, and personal relationships for years to come.
How Is First-Degree Sexual Misconduct with a Minor Defined?
First-degree sexual misconduct with a minor occurs under specific circumstances in Washington state. You may face these charges if you are at least 60 months (five years) older than a minor who is between 16–18 years old and engage in sexual intercourse with them while occupying a significant relationship position where you abuse your supervisory authority. Adults in positions of trust or authority, such as foster parents or school employees, may be charged if they take advantage of their relationship with minors, even when those minors are above the age of consent for other circumstances.
RCW 9A.44.093 Sexual misconduct with a minor in the first degree.
(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.
What Are the Penalties for This Criminal Charge?
First-degree sexual misconduct with a minor is classified as a Class C felony in Washington. If convicted, you face up to 5 years imprisonment and/or fines up to $10,000. Beyond these immediate penalties, a conviction requires sex offender registration, which restricts where you can live and work.
How Should You Respond During an Arrest?
If police approach you regarding allegations of sexual misconduct with a minor, remember that your actions can impact your case. Remain calm and exercise your right to remain silent. Politely decline to answer questions without your attorney present, regardless of how innocent you may be or how much you want to explain your side.
Do not consent to searches without a warrant. Contact a Washington criminal defense attorney immediately before making any statements. Avoid discussing your case with anyone except your attorney, including friends, family members, or on social media, as these communications can be used against you in court.
Trust The Law Offices of Mark S. Treyz to Protect Your Rights
The Law Offices of Mark S. Treyz offers experienced, discreet representation focused on achieving the best possible outcome for your specific situation. Our firm will thoroughly investigate all circumstances surrounding your case to build a strong defense for you. For immediate assistance, contact us at (253) 272-8666 for a confidential consultation.