RCW 9A.44.160: Custodial sexual misconduct in the first degree.

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Washington Code › Title 26 › Chapter 44 › Section 160

This text was captured on Aug 14, 2026. It is a snapshot, not a live feed, so check the official code before relying on it.

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(1) A person is guilty of custodial sexual misconduct in the first degree when the person has sexual intercourse 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 first degree is a class B felony.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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