Washington State Child Molestation Laws

Child molestation is among the gravest accusations that a person can face. These crimes carry profound legal consequences and societal stigma and can dramatically alter the accused’s life. In Washington, the laws surrounding child molestation are stringent, carrying lengthy prison sentences and extensive fines.

If you are facing allegations of child molestation, it is crucial to understand these laws and the implications that they carry. Here is what you need to know about child molestation laws in Washington state.

Different Types of Child Molestation Charges in Washington

In Washington, child molestation charges are classified into three distinct degrees, each reflecting the severity of the offense. This differentiation helps to ensure that the punishment appropriately matches the crime committed.

Child Molestation in the First Degree

Child molestation in the first degree is considered the most severe form of this crime in Washington. It involves any sexual contact initiated by an individual who is at least three years older than a victim who is under twelve years old. Given its grave nature, this charge is classified as a Class A felony. Those convicted can face up to a lifetime in prison and fines reaching $50,000.

Revised Code of Washington 9A.44.083: Child molestation in the first degree.

(1) A person is guilty of child molestation in the first degree when the person has, or knowingly causes another person under the age of eighteen to have, sexual contact with another who is less than twelve years old and the perpetrator is at least thirty-six months older than the victim.

(2) Child molestation in the first degree is a class A felony.

Child Molestation in the Second Degree

Child molestation in the second degree pertains to sexual contact between a person and a child who is at least twelve but younger than fourteen, with the perpetrator being at least three years older than the victim. This is classified as a Class B felony in Washington, which can result in up to ten years in prison and fines of up to $20,000. 

Revised Code of Washington 9A.44.086: Child molestation in the second degree.

(1) A person is guilty of child molestation in the second degree when the person has, or knowingly causes another person under the age of eighteen to have, sexual contact with another who is at least twelve years old but less than fourteen years old and the perpetrator is at least thirty-six months older than the victim.

(2) Child molestation in the second degree is a class B felony.

Child Molestation in the Third Degree

This charge involves sexual contact with a minor aged between fourteen and sixteen, where the age difference with the perpetrator is at least forty-eight months. Child molestation in the third degree is a Class C felony in Washington, carrying penalties of up to five years in prison and fines up to $10,000.

Revised Code of Washington 9A.44.089: Child molestation in the third degree.

(1) A person is guilty of child molestation in the third degree when the person has, or knowingly causes another person under the age of eighteen to have, sexual contact with another who is at least fourteen years old but less than sixteen years old and the perpetrator is at least forty-eight months older than the victim.

(2) Child molestation in the third degree is a class C felony.

A Child Molestation Accusation Can Change Your Life

The impact of a child molestation charge can be devastating, not only legally but also personally and professionally. Beyond potential imprisonment and fines, you may face long-term consequences such as difficulties in finding employment, loss of professional licenses, and severe emotional and psychological stress.

The stigma associated with this charge can isolate the accused even if they are eventually found not guilty. Community members, neighbors, and even friends may distance themselves or cut ties completely. This loss of social support can compound the stress that you may have faced and drastically affect your mental health.

What to Do If You Are Falsely Accused of Child Molestation

If you are falsely accused of child molestation, taking immediate and careful action is critical. Consider the following steps after your arrest:

• Keep Your Cool: Reacting emotionally can worsen the situation. Stay calm and collected to handle the case logically and rationally.
• Contact a Lawyer ASAP: Securing experienced legal representation is crucial. A Tacoma sex crimes lawyer who specializes in sexual abuse defense can guide you through the complexities of the legal process and help protect your rights.
• Do Not Speak to the Police: Remember, anything you say can be used against you. Wait until you have legal representation to discuss anything with the authorities and do not answer any questions.
• Do Not Contact the Accuser: Communicating with the accuser can complicate your legal defense. Leave all communications to your lawyer and never reach out to the accuser or their family on your own. 
• Gather Evidence with Your Lawyer: Compile any relevant information that might support your defense. This includes texts, emails, or any other communications that could demonstrate your innocence.
• Compile a List of Potential Witnesses: Anyone who can support your whereabouts or character could be crucial in your defense. Note their names, contact details, and how they could benefit your case, and pass this information on to your lawyer.
• Trust in Your Attorney’s Expertise: Your attorney will have the expertise to navigate legal strategies and court proceedings effectively. Always follow their advice and do not hesitate to ask questions if you are unsure about anything related to your case.

Contact a Washington Sexual Abuse Defense Attorney 

If you are facing allegations under Washington State child molestation laws, swift action is crucial to safeguard your rights and future. The consequences of a conviction are severe and far-reaching, affecting not only your liberty but also your personal and professional life. At The Law Offices of Mark S. Treyz, we understand the gravity of your situation and have the skills and expertise to provide the robust defense you need. Let us help you navigate this challenging time with confidence and discretion. Contact our firm at (253) 272-8666 to discuss your case and explore your legal options with a Washington child molestation defense attorney.