Washington state laws on dating a minor
This offense is a class B felony, which incurs a fine of up to ,000, up to ten years in prison, or both.
Third degree child molestation occurs when there is sexual contact between a minor who is 14 or 15, and a defendant who is at least four years older than the minor. § 9A.44.073, 9A.44.076, 9A.44.079, 9A.44.083, 9A.44.086, & 9A.44.089.) Defendants charged with statutory rape have the usual defenses available to all criminal defendants, such as “Someone else committed this crime, ”or “The alleged conduct did not occur.” However, beyond these, few defenses exist for statutory rape.
Their incapacity is written into the statute—hence the term “statutory” rape.
The age of consent can vary among states, and some states differentiate between consensual sex between minors who are close in age (for example, two teenagers of the same age), as opposed to sex between a minor and a much older adult.
Second degree rape of a child occurs when there is sexual intercourse between a minor who is 12 or 13, and a defendant who is at least three years older than the minor.
This offense is a class A felony, which incurs a fine of up to ,000, up to life in prison, or both.
Though statutory rape does not require that the prosecutor prove an assault, it is still rape.
Of course, rape that does involve force or an assault is illegal in Washington and prosecuted as forcible rape (see Washington Sexual Battery Laws).
And it also covers a minor who is 14 or 15 who has sex or sexual contact with someone who four or fewer years older than that minor.
Washington has a marital exemption for statutory rape, which allows consensual sex between a married 16 or 17 year old and the adult spouse, even though their ages would prohibit it if they were not married.