State Guide
Age of Consent in Washington
A plain-English guide to the age of consent in Washington State, cited to RCW 9A.44.079. A genuine close-in-age allowance is built into the rape-of-a-child statute itself.
Close-in-age allowance under 48 monthsWashington at a glance
The core figures from this guide, in one place.
| Age of consent | 16 |
|---|---|
| Governing statute | RCW 9A.44.079 (Rape of a Child, Third Degree) |
| Close-in-age mechanism | Not covered below 48 months for a 14–15 year old |
| Age-based defense, if any | None needed — statute simply doesn’t apply below the gap |
| Related offense | Child molestation, third degree — RCW 9A.44.089 |
Overview
Washington sets its practical age of consent at 16. Below that age, the state’s rape-of-a-child statutes are graded by both the victim’s specific age and the size of the gap between the two people, with a genuine close-in-age allowance built into each tier rather than offered as a separate defense.
For a victim 14 or 15, RCW 9A.44.079 only applies where the perpetrator is at least 48 months, or four years, older. Below that gap, this statute does not reach the conduct at all. A related, narrower allowance of 36 months applies to a younger victim, ages 12 or 13, under a more serious statute.
Age of consent in Washington
RCW 9A.44.079 makes it rape of a child in the third degree, a class C felony, to have sexual intercourse with someone at least 14 but under 16, not married to the perpetrator, where the perpetrator is at least 48 months older. A related statute, RCW 9A.44.076, covers a victim 12 or 13 with a narrower 36-month threshold, as rape of a child in the second degree, a more serious class A felony.
Close-in-age rules in Washington
The gap thresholds differ by the victim’s specific age band:
- Victim 14 or 15: the perpetrator must be at least 48 months, or four years, older for rape of a child in the third degree to apply.
- Victim 12 or 13: the perpetrator must be at least 36 months, or three years, older for the more serious rape of a child in the second degree to apply.
- Victim 16 or older: neither statute applies, and Washington treats the person as able to consent.
Exceptions and defenses
Because the statute does not reach conduct below its own gap threshold, there is nothing to defend against under that specific section in that situation, distinct from an affirmative defense raised in court. Marriage to the victim is a stated exclusion from RCW 9A.44.079. This guide did not find a reliable official source describing a separate mistake-of-age defense for these statutes.
Applicable statutes
The codified Washington law this guide is drawn from.
Practical examples
Example 1. A 15-year-old and an 18-year-old, a three-year gap. Because the gap is under 48 months, RCW 9A.44.079 does not reach this conduct.
Example 2. A 15-year-old and a 20-year-old, a five-year gap. This meets the 48-month threshold, so rape of a child in the third degree applies, a class C felony.
Example 3. A 13-year-old and a 17-year-old, a four-year gap. Because the victim is 12 or 13, the narrower 36-month threshold applies, and this gap meets it, making rape of a child in the second degree, a class A felony, applicable.
Frequently asked questions about Washington
What is the age of consent in Washington?
16. Below that age, RCW 9A.44.079 and related statutes apply gap-based thresholds depending on the victim’s specific age.
Does Washington have a Romeo and Juliet law?
Informally, yes. A genuine allowance is built into RCW 9A.44.079: for a victim 14 or 15, the statute does not apply if the gap is under 48 months.
Is the threshold really 48 months, or 24 months?
The statute’s own text, confirmed directly on the Washington State Legislature website, sets the threshold at 48 months. A 24-month figure appears in at least one secondary source, but this guide could not confirm it against the official statute text and treats 48 months as correct.
Does the threshold change for a younger victim?
Yes. For a victim 12 or 13, the threshold narrows to 36 months under the more serious rape of a child in the second degree.
Is this a defense I would raise in court?
No. Because the statute does not reach the conduct in the first place when the gap is small enough, there is no offense under that section to defend against.
Official sources
Primary and official sources this guide is built from.
Two thresholds by victim age
Washington narrows the gap allowed as the victim gets younger.
| Victim age | Maximum allowed gap | Charge if exceeded |
|---|---|---|
| 12 or 13 | 36 months | Rape of a child, 2nd degree (Class A felony) |
| 14 or 15 | 48 months | Rape of a child, 3rd degree (Class C felony) |
| 16 or older | No restriction | Not applicable |
About this guide
Who wrote it, who reviewed it, and when it was last checked.
RomeoAndJulietLaw.com Editorial Team
Drafted from the Revised Code of Washington, cross-checked directly against the official Washington State Legislature statute text.
Pending attorney review
This guide has not yet been checked by a licensed Washington attorney. It is sourced and cited, but should not be treated as attorney-reviewed until this line is updated with a named reviewer.
Primary source for this guide
Editorial notes
This guide reflects the Revised Code of Washington as of 25 July 2026. It has not yet been reviewed by a licensed Washington attorney. One discrepancy is noted: a secondary source referenced a 24-month close-in-age threshold, but the statute’s own text, confirmed directly on the Washington State Legislature website, states 48 months. This guide uses 48 months as the verified figure.