Legal age of consent for sexual activity RCW 9A.44.093, Amended

1. Legal age of consent for sexual activity
RCW 9A.44.093, Amended in 2009 by House Bill 1385, An Act Relating to sexual
misconduct by school employees
(1) A person is guilty of sexual misconduct with a minor in the first degree when: (a) The
person has, or knowingly causes another person under the age of eighteen to have, sexual
intercourse with another person who is at least sixteen years old but less than eighteen
years old and not married to the perpetrator, if the perpetrator is at least sixty months
older than the victim, is in a significant relationship to the victim, and abuses a
supervisory position within that relationship in order to engage in or cause another person
under the age of eighteen to engage in sexual intercourse with the victim; (b) the person
is a school employee who has, or knowingly causes another person under the age of
eighteen to have, sexual intercourse with ((a registered)) an enrolled student of the school
who is at least sixteen years old and not more than twenty-one years old and not married
to the employee, if the employee is at least sixty months older than the student; or (c) the
person is a foster parent who has, or knowingly causes another person under the age of
eighteen to have, sexual intercourse with his or her foster child who is at least sixteen
(2) Sexual misconduct with a minor in the first degree is a class C felony.
RCW 9A.44.096, Amended in 2009 by House Bill 1385, An Act Relating to sexual
misconduct by school employees
(1) A person is guilty of sexual misconduct with a minor in the second degree when: (a)
The person has, or knowingly causes another person under the age of eighteen to have,
sexual contact with another person who is at least sixteen years old but less than eighteen
years old and not married to the perpetrator, if the perpetrator is at least sixty months
older than the victim, is in a significant relationship to the victim, and abuses a
supervisory position within that relationship in order to engage in or cause another person
under the age of eighteen to engage in sexual contact with the victim; (b) the person is a
school employee who has, or knowingly causes another person under the age of eighteen
to have, sexual contact with ((a registered)) an enrolled student of the school who is at
least sixteen years old and not more than twenty-one years old and not married to the
employee, if the employee is at least sixty months older than the student; or (c) the person
is a foster parent who has, or knowingly causes another person under the age of eighteen
to have, sexual contact with his or her foster child who is at least sixteen.
(2) Sexual misconduct with a minor in the second degree is a gross misdemeanor.
(3) For the purposes of this section((,)): (a) "Enrolled student" means any student enrolled
at or attending a program hosted or sponsored by a common school as defined in RCW
28A.150.020, or a student enrolled at or attending a program hosted or sponsored by a
private school under chapter 28A.195 RCW, or any person who receives home-based
instruction under chapter 28A.200 RCW. (b) "School employee" means an employee of a
common school defined in RCW 28A.150.020, or a grade kindergarten through twelve
employee of a private school under chapter 28A.195 RCW, who is not enrolled as a
student of the common school or private school.
2. Legal age students may seek drug and alcohol treatment on own (without parental
consent)
70.96A.095 Any person thirteen years of age or older may give consent for himself or
herself to the furnishing of outpatient treatment by a chemical dependency treatment
program certified by the department. Parental authorization is required for any treatment
of a minor under the age of thirteen
70.96A.235 Parental consent is required for inpatient chemical dependency treatment of a
minor, unless the child meets the definition of a child in need of services in *RCW
13.32A.030(4)(c) as determined by the department: PROVIDED, That parental consent is
required for any treatment of a minor under the age of thirteen.
 "Child in need of services" means a juvenile:
- Who is beyond the control of his or her parent such that the child's
behavior endangers the health, safety, or welfare of the child or other
person
- Who has been reported to law enforcement as absent without consent for
at least twenty-four consecutive hours on two or more separate
occasions from the home of either parent, a crisis residential center, an
out-of-home placement, or a court-ordered placement; and
- Has exhibited a serious substance abuse problem; or
- Has exhibited behaviors that create a serious risk of harm to the health,
safety, or welfare of the child or any other person; or
 Who is in need of: (A) Necessary services, including food,
shelter, health care, clothing, or education; or (B) services
designed to maintain or reunite the family;
 Who lacks access to, or has declined to utilize, these services;
and
 Whose parents have evidenced continuing but unsuccessful
efforts to maintain the family structure or are unable or unwilling
to continue efforts to maintain the family structure.
3. Legal age students may seek mental health counseling on own
RCW 71.34.500
Minor thirteen or older may be admitted for inpatient mental treatment without
parental consent — Professional person in charge must concur — Written renewal
of consent required.
(1) A minor thirteen years or older may admit himself or herself to an evaluation and
treatment facility for inpatient mental treatment, without parental consent. The admission
shall occur only if the professional person in charge of the facility concurs with the need
for inpatient treatment. Parental authorization, or authorization from a person who may
consent on behalf of the minor pursuant to RCW 7.70.065, is required for inpatient
treatment of a minor under the age of thirteen.
(2) When, in the judgment of the professional person in charge of an evaluation and
treatment facility, there is reason to believe that a minor is in need of inpatient treatment
because of a mental disorder, and the facility provides the type of evaluation and
treatment needed by the minor, and it is not feasible to treat the minor in any less
restrictive setting or the minor's home, the minor may be admitted to an evaluation and
treatment facility.
(3) Written renewal of voluntary consent must be obtained from the applicant no less
than once every twelve months. The minor's need for continued inpatient treatments shall
be reviewed and documented no less than every one hundred eighty days.
RCW 71.34.530
Age of consent — Outpatient treatment of minors.
Any minor thirteen years or older may request and receive outpatient treatment without
the consent of the minor's parent. Parental authorization, or authorization from a person
who may consent on behalf of the minor pursuant to RCW 7.70.065, is required for
outpatient treatment of a minor under the age of thirteen.
4. Age considered for rape (age difference between individuals) – These are the age
considerations. For age difference considerations for sexual misconduct, with those 16 and
older see, see #1
RCW 9A.44.073
Rape of a child in the first degree.
(1) A person is guilty of rape of a child in the first degree when the person has sexual
intercourse with another who is less than twelve years old and not married to the
perpetrator and the perpetrator is at least twenty-four months older than the victim.
(2) Rape of a child in the first degree is a class A felony.
RCW 9A.44.076
Rape of a child in the second degree.
(1) A person is guilty of rape of a child in the second degree when the person has sexual
intercourse with another who is at least twelve years old but less than fourteen years old
and not married to the perpetrator and the perpetrator is at least thirty-six months older
than the victim.
(2) Rape of a child in the second degree is a class A felony.
RCW 9A.44.079
Rape of a child in the third degree.
(1) A person is guilty of rape of a child in the third degree when the person has sexual
intercourse with another who is at least fourteen years old but less than sixteen years old
and not married to the perpetrator and the perpetrator is at least forty-eight months older
than the victim.
(2) Rape of a child in the third degree is a class C felony.
5. Legal age students may obtain birth control without parental consent – No age
consideration is included in the law
RCW 9.02.100
Reproductive privacy -- Public policy.
The sovereign people hereby declare that every individual possesses a fundamental right
of privacy with respect to personal reproductive decisions.
Accordingly, it is the public policy of the state of Washington that:
(1) Every individual has the fundamental right to choose or refuse birth control;