Washington § 9A.44.170 - Custodial sexual misconduct in the second degree.

Full text of Washington Revised Code of Washington § 9A.44.170 — Custodial sexual misconduct in the second degree., with citation guidance and answers to common questions.

§ 9A.44.170. Custodial sexual misconduct in the second degree.

(1) A person is guilty of custodial sexual misconduct in the second degree when the person has sexual contact with another person:
(a) When:
(i) The victim is a resident of a state, county, or city adult or juvenile correctional facility, including but not limited to jails, prisons, detention centers, or work release facilities, or is under correctional supervision; and
(ii) The perpetrator is an employee or contract personnel of a correctional agency and the perpetrator has, or the victim reasonably believes the perpetrator has, the ability to influence the terms, conditions, length, or fact of incarceration or correctional supervision; or
(b) When the victim is being detained, under arrest, or in the custody of a law enforcement officer and the perpetrator is a law enforcement officer.
(2) Consent of the victim is not a defense to a prosecution under this section.
(3) Custodial sexual misconduct in the second degree is a class C felony.
[ 2023 c 7 s 2; 1999 c 45 s 2.]

Notes

Short title—2023 c 7: See note following RCW 9A.44.160.

Source: official Washington text · Last verified 2026-08-27

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Frequently Asked Questions About Washington § 9A.44.170

What does Revised Code of Washington § 9A.44.170 cover?

Section 9A.44.170 ("Custodial sexual misconduct in the second degree.") is part of the Revised Code of Washington, the codified statutory law of Washington. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

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