# RCW 9A.44.030: RCW 9A.44.030: Defenses to prosecution under this chapter

> Washington · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_WA_T9A_C44_S030

## Section

- **Citation:** RCW 9A.44.030
- **Heading:** RCW 9A.44.030: Defenses to prosecution under this chapter
- **Jurisdiction:** Washington
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Washington Code / Title 9A / Chapter 44 / Section 030

## Text

(1) In any prosecution under this chapter in which lack of consent is based solely upon the victim's mental incapacity or upon the victim's being physically helpless, it is a defense which the defendant must prove by a preponderance of the evidence that at the time of the offense the defendant reasonably believed that the victim was not mentally incapacitated and/or physically helpless. (2) In any prosecution under this chapter in which the offense or degree of the offense depends on the victim's age, it is no defense that the perpetrator did not know the victim's age, or that the perpetrator believed the victim to be older, as the case may be: PROVIDED, That it is a defense which the defendant must prove by a preponderance of the evidence that at the time of the offense the defendant reasonably believed the alleged victim to be the age identified in subsection (3) of this section based upon declarations as to age by the alleged victim. (3) The defense afforded by subsection (2) of this section requires that for the following defendants, the reasonable belief be as indicated: (a) For a defendant charged with rape of a child in the first degree, that the victim was at least twelve, or was less than twenty-four months younger than the defendant; (b) For a defendant charged with rape of a child in the second degree, that the victim was at least fourteen, or was less than thirty-six months younger than the defendant; (c) For a defendant charged with rape of a child in the third degree, that the victim was at least sixteen, or was less than forty-eight months younger than the defendant; (d) For a defendant charged with sexual misconduct with a minor in the first degree, that the victim was at least eighteen, or was less than sixty months younger than the defendant; (e) For a defendant charged with child molestation in the first degree, that the victim was at least twelve, or was less than thirty-six months younger than the defendant; (f) For a defendant charged with child molestation in the second degree, that the victim was at least fourteen, or was less than thirty-six months younger than the defendant; (g) For a defendant charged with child molestation in the third degree, that the victim was at least sixteen, or was less than thirty-six months younger than the defendant; (h) For a defendant charged with sexual misconduct with a minor in the second degree, that the victim was at least eighteen, or was less than sixty months younger than the defendant.

## Nearby sections

- [RCW 9A.44.010 RCW 9A.44.010: Definitions.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T9A_C44_S010.md)
- [RCW 9A.44.020 RCW 9A.44.020: Testimony—Evidence—Written motion—Admissibility.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T9A_C44_S020.md)
- [RCW 9A.44.025 RCW 9A.44.025: Depictions of victim created during forensic examination—Confidentiality.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T9A_C44_S025.md)
- [RCW 9A.44.026 RCW 9A.44.026: Depiction of victim created during forensic examination—Sealing and destruction of exhibit.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T9A_C44_S026.md)
- [RCW 9A.44.030 RCW 9A.44.030: Defenses to prosecution under this chapter.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T9A_C44_S030.md)
- [RCW 9A.44.040 RCW 9A.44.040: Rape in the first degree.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T9A_C44_S040.md)
- [RCW 9A.44.045 RCW 9A.44.045: First degree rape—Penalties.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T9A_C44_S045.md)
- [RCW 9A.44.050 RCW 9A.44.050: Rape in the second degree.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T9A_C44_S050.md)
- [RCW 9A.44.060 RCW 9A.44.060: Rape in the third degree.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T9A_C44_S060.md)
- [RCW 9A.44.073 RCW 9A.44.073: Rape of a child in the first degree.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T9A_C44_S073.md)
- [RCW 9A.44.076 RCW 9A.44.076: Rape of a child in the second degree.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T9A_C44_S076.md)
- [RCW 9A.44.079 RCW 9A.44.079: Rape of a child in the third degree.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T9A_C44_S079.md)
- [RCW 9A.44.083 RCW 9A.44.083: Child molestation in the first degree.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T9A_C44_S083.md)
- [RCW 9A.44.086 RCW 9A.44.086: Child molestation in the second degree.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T9A_C44_S086.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_WA_T9A_C44_S030. Check the current official text before relying on it. Not legal advice.