I posted an ad on Craigslist in the casual encounter section, specifically looking for adult sexual activity, as made clear in my post. I received a reply from a girl who said she wanted to meet up with me for fun. We started to email and she asked of I had an age limit, because she is 16. I said that was OK, because I was under the impression that the legal age of consent in Washington is 16. However, I have only lived on this state for 5 years, so I'm not 100% sure. I tried to look up the law, and it is rather confusing. We are supposed to meet tomorrow night and the impression is that we are to have some "fun" although neither of us has stated exactly what the fun is, but I believe sexual contact is implied. Is this legal? Or am I possibly being set up by police for an illegal act?
Your bigger problem is that you don't really know the true age. If a person says they are a particular age, but if they are really another, that could result in a strict liability issue meaning you're deemed to have known even if you didn't know the real age.
really? I think you are not thinking if you are considering this. What happens if the is 15 years 362 days.? My opinion, who cares what the age of consent is, you are playing with fire that will land you in prison...
It is sad that this type of question is being asked on this important useful forum in order to help connect people with attorneys. This isn't a hook up site. Really your 27 and your dating someone under 21. It is sad. This is a young kid and you are worried about yourself. Date someone your own age and you wouldn't have to ask such a controversial question.
While the age of consent is 16, (and assuming the girl is actually 16) be aware that taking pictures of anything going on, or videos, or anything like that could open you up to serious felony liability.
Just because something is legal doesn't mean it's smart.
You are walking down a very risky path. There many way you can get into trouble, get robbed, get arrested, get killed etc. that. If you are lucky, the "girl" may turn out to be an undercover police officer and then you may end up being charged with a criminal offense but at least that won't get you killed. If you are not lucky, you could get killed doing this sort of thing. Don't do it.
Timothy John LearyCriminal Defense AttorneySeattle, WA ·
Be advised that police detectives frequent the Casual Encounters section on Craigslist. While the age of consent in Washington is 16, acts of prostitution with someone under the age of 18 is a Class B sex offense. The crime is Commercial Sexual Abuse of a Minor. RCW 9.68A.100
The statute reads:
(1) A person is guilty of commercial sexual abuse of a minor if:
(a) He or she pays a fee to a minor or a third person as compensation for a minor having engaged in sexual conduct with him or her;
(b) He or she pays or agrees to pay a fee to a minor or a third person pursuant to an understanding that in return therefore such minor will engage in sexual conduct with him or her; or
(c) He or she solicits, offers, or requests to engage in sexual conduct with a minor in return for a fee.
(2) Commercial sexual abuse of a minor is a class B felony punishable under chapter 9A.20 RCW.
(3) In addition to any other penalty provided under chapter 9A.20 RCW, a person guilty of commercial sexual abuse of a minor is subject to the provisions under RCW 9A.88.130 and 9A.88.140.
(4) Consent of a minor to the sexual conduct does not constitute a defense to any offense listed in this section.
(5) For purposes of this section, "sexual conduct" means sexual intercourse or sexual contact, both as defined in chapter 9A.44 RCW.
For someone who has no criminal history, a conviction for commercial sexual abuse of a minor carries a standard range of 21 to 27 months in prison. A conviction also requires sex offender registration.
The legal age of consent in Washington is 16. With that said, meeting a 16 year old off of Craigslist to "have some fun" is one of the dumbest ideas I have ever heard. Are you considering an audition for a reboot of NBC's To Catch a Predator? Perhaps you're interested in being robbed, assaulted or murdered? Or maybe you are looking to be accused of rape after an impressionable girl realizes that she was taken advantage of and talks to her friends counselor and parents? I would say it is safe to say that 99 times out of 100 a "fun time" with a 16 year old off Craigslist is going to end in a crime or something horrible happening. I would suggest a different course of action.
Very confusing area of the law. The legal age of consent for sexual contact is 16. However, it is illegal to communicate with a person under 18 for an 'immoral' purpose of a sexual nature. That is a misdemeanor, unless done by electronic means in which case it can be a felony. The person need not actual be a minor, it is a crime if the adult believes them to be a minor (hence the "Catch a Predator").
So paradoxically what you are planning to do might not be a crime, but what you have already done probably is.
You may want to talk to a lawyer in confidence about this.
