Washington Romeo and Juliet Law: Age of Consent, Close-in-Age Rules, and Penalties

1. Does Washington Have a Romeo and Juliet Law?

Washington has multiple age-gap provisions, not a single Romeo and Juliet statute. Rape of a child in the first, second, and third degree (RCW 9A.44.073, .076, .079) requires that the perpetrator be at least 24 months older (third degree, victim 14-15), 36 months older (second degree, victim 12-13), or any age older (first degree, victim under 12). Child molestation has parallel age-gap requirements under RCW 9A.44.083, .086, .089. The Washington framework therefore protects close-in-age relationships outside these specific gaps.

2. Age of Consent in Washington

Washington's age of consent is 16. Sexual intercourse with a victim 14-15 by a perpetrator 24+ months older is rape of a child in the third degree (Class C felony). Sexual intercourse with a victim 12-13 by a perpetrator 36+ months older is rape of a child in the second degree (Class A felony). Sexual intercourse with a victim under 12 by any perpetrator is rape of a child in the first degree (Class A felony). Victims 16-17 are protected from authority figures under RCW 9A.44.093 (sexual misconduct with a minor).

3. Close-in-Age Exception Explained

Washington's age-gap requirements are elements — the prosecution must allege and prove them. A perpetrator less than 24 months older than a 14-15-year-old is outside the third-degree rape-of-a-child statute. A perpetrator less than 36 months older than a 12-13-year-old is outside the second-degree statute. There is no protective gap for victims under 12 — any sexual contact is first-degree rape of a child.

4. Legal Age Gap Rules

Washington's thresholds: victim under 12, any perpetrator — RCW 9A.44.073 first-degree rape of a child (Class A); victim 12-13, perpetrator 36+ months older — RCW 9A.44.076 second-degree (Class A); victim 14-15, perpetrator 48+ months older — RCW 9A.44.079 third-degree (Class C); victim 16-17 with authority figure — RCW 9A.44.093 sexual misconduct (Class C); victim 16+ otherwise, no statute absent aggravating facts.

5. What Is Not Protected?

Washington's age-gap framework does not cover:

• Any sexual intercourse with a victim under 12 — RCW 9A.44.073 first-degree rape of a child (Class A, indeterminate sentence)
• Perpetrator 36+ months older than a 12-13 victim — RCW 9A.44.076 second-degree (Class A)
• Perpetrator 48+ months older than a 14-15 victim — RCW 9A.44.079 third-degree (Class C)
• Authority figure (teacher, coach, foster parent) with a 16-17 victim — RCW 9A.44.093 sexual misconduct with a minor
• Production, possession, or distribution of explicit images of anyone under 18 — RCW 9.68A.040–.070 sexual exploitation of a minor

6. Examples

7. Possible Penalties

Washington uses indeterminate sentencing for Class A and certain Class B sex offenses under RCW 9.94A.507 — a minimum is set but the maximum is the statutory maximum of the felony class (life for Class A). The standard sentencing ranges under the Washington Sentencing Reform Act apply within these brackets.

8. Sex Offender Registration Risk

Washington's Sex Offender Registration under RCW 9A.44.130 requires registration for all felony sex-offense convictions. Registration is for life for Class A felonies and 15 years (Class C) or 10 years (gross misdemeanor) for lower offenses. The state uses a three-level community-notification system (Level I/II/III) administered by the local sheriff. Removal petitions are available after 10 or 15 years depending on the offense under RCW 9A.44.142, with judicial discretion to grant or deny.

9. Official Statute Sources

Primary Washington statutes and official government resources cited in this guide:

• RCW 9A.44.073 — Rape of a child in the first degree
  Wash. Rev. Code § 9A.44.073
  View official source
• RCW 9A.44.076 — Rape of a child in the second degree
  Wash. Rev. Code § 9A.44.076
  View official source
• RCW 9A.44.079 — Rape of a child in the third degree
  Wash. Rev. Code § 9A.44.079
  View official source
• RCW 9A.44.130 — Sex Offender Registration
  Wash. Rev. Code § 9A.44.130
  View official source

10. When to Talk to a Lawyer

Washington's indeterminate sentencing scheme for Class A sex offenses means a 93-month 'minimum' can become a life sentence depending on the End of Sentence Review Committee's findings. A Washington criminal-defense attorney is essential to challenge charging level (degree distinctions turn on age in months), negotiate dispositions outside the indeterminate-sentencing framework when possible, and pursue § 9A.44.142 removal petitions for older registrants.