Legal Question in Criminal Law in Washington

This is a very complex area of the law, I recommend you talk to an attorney in confidence before you act.

16 is the age of consent in Washington, but it is still a crime (and a very serious one) to communicate with anyone under 18 for "immoral" sexual purposes. Our appellate courts have issued decisions regarding the interaction between these two somewhat conflicting statutes. Overly simplified summary: an adult can sleep with a 16 year old; but it would be a felony sex offense to text him about it.

RCW 9.68a.090

Communication with minor for immoral purposes�Penalties.

(1) Except as provided in subsection (2) of this section, a person who communicates with a minor for immoral purposes, or a person who communicates with someone the person believes to be a minor for immoral purposes, is guilty of a gross misdemeanor.

(2) A person who communicates with a minor for immoral purposes is guilty of a class C felony punishable according to chapter 9A.20 RCW if the person has previously been convicted under this section or of a felony sexual offense under chapter 9.68A, 9A.44, or 9A.64 RCW or of any other felony sexual offense in this or any other state or if the person communicates with a minor or with someone the person believes to be a minor for immoral purposes, including the purchase or sale of commercial sex acts and sex trafficking, through the sending of an electronic communication.