SWIM is 20 and did NOT engage in sexual intercourse with the 17 year old but rather exchanged sexual text messages and proceeded to engage in sexual acts minus the intercourse. The 17 year olds parents approved of the dating relationship but would not approve of the sexual intent if they were to find out. Even though SWIM is aware that age of consent is 16+, SWIM heard that if the partner is under 18 you must have parental approval and wants to verify if this is correct or not.
Criminal Defense Attorney
"Sexual intercourse" has a specific statutory definition under RCW 9A.44.010(1); it includes the ordinary meaning of intercourse, any penetration by an object, and oral sex. Generally speaking, the age of sexual consent in Washington is 16 years old and there is no requirement to get a parent's approval. However, communication with a minor for immoral purposes under RCW 9.68.090 is prohibited. If this is accomplished through the sending of an electronic communication, then this would elevate the offense to a Class C felony. "Immoral purpose" is undefined and a rather vague concept, but the 20 year old in this scenario needs to be aware of the potential consequences.