Age of Consent in Washington: What the Law Says in 2026

The general age of consent in Washington State is 16. However, Washington’s sexual-offense laws contain specific age-based rules, including different offenses for people under 16 and additional restrictions involving certain relationships and positions of authority.

Washington Age of Consent at a Glance

What Is the Age of Consent in Washington?

Washington generally allows a person to legally consent to sexual activity beginning at age 16.

However, Washington law creates different criminal offenses depending on the younger person’s age and the age difference between the individuals.

For example, rape of a child in the third degree applies when the victim is at least 14 but under 16 and the perpetrator is at least 48 months older. This is a Class C felony.

What About a 15-Year-Old?

A 15-year-old is below Washington’s general age of consent.

Under RCW 9A.44.079, sexual intercourse with a person who is 14 or 15 can constitute rape of a child in the third degree when the perpetrator is at least four years older.

This means the age difference is particularly important in cases involving a 14- or 15-year-old.

What About a 14-Year-Old?

A 14-year-old is also below the general age of consent.

Washington’s statutory rape provisions specifically address sexual intercourse involving someone aged 14 or 15 and an older person who meets the required age difference.

Therefore, a close-in-age relationship may be treated differently from a relationship involving a substantially older person.

What About Someone Under 14?

Washington has stronger statutory protections for children under 14.

The state’s criminal statutes contain separate offenses for rape of a child in the first and second degrees, with the applicable offense depending on the child’s age and the perpetrator’s age. Washington law also provides specific rules concerning a defendant’s reasonable belief about the victim’s age.

What About a 16-Year-Old?

A person who is 16 has reached Washington’s general age-of-consent threshold.

However, that does not mean every sexual relationship involving a 16-year-old is automatically lawful.

Washington has separate laws concerning sexual misconduct with minors, particularly where the older person has a supervisory or significant relationship with the younger person.

For example, RCW 9A.44.093 addresses sexual intercourse involving a person 16 or 17 when the perpetrator is at least five years older and is in a significant relationship with the minor while abusing a supervisory position. It also covers certain school employees and foster parents.

What About a 17-Year-Old?

A 17-year-old is above Washington’s general age-of-consent threshold.

Nevertheless, special laws can apply when the older person is:

• A school employee
• A foster parent
• A person with supervisory authority
• Someone in a significant relationship with the minor

For example, RCW 9A.44.096 makes certain sexual contact involving a 16- or 17-year-old a gross misdemeanor when the statutory requirements concerning age difference and supervisory relationships are met.

Does Washington Have a Romeo and Juliet Law?

Washington does not use one simple statute commonly called a “Romeo and Juliet law.”

Instead, its statutes use specific age-gap provisions.

For example, Washington’s rape-of-a-child-in-the-third-degree statute applies to a person aged 14 or 15 when the perpetrator is at least 48 months older.

Washington also has specific reasonable-belief provisions that can affect certain age-based sex offenses.

What About Teachers and School Employees?

This is an important exception to the general age-of-consent rule.

Washington law specifically addresses sexual relationships between certain school employees and students aged 16 to 21.

Under RCW 9A.44.093 and RCW 9A.44.096, a school employee who is at least five years older than the student can face criminal liability for specified sexual intercourse or sexual contact.

Therefore, a 16- or 17-year-old’s age alone does not make a relationship with a teacher or qualifying school employee lawful.

Does Consent Matter Under Washington Law?

Washington law defines consent as actual words or conduct indicating freely given agreement to sexual intercourse or sexual contact.

However, statutory age restrictions can apply even when the younger person appears to agree.

Force, threats, incapacity, and other circumstances can independently make sexual conduct criminal.

What About Sexual Images of Minors?

Age-of-consent laws should not be confused with laws concerning sexually explicit images of minors.

A person reaching 16 does not automatically make it legal to create, request, possess, or distribute sexually explicit images involving that person. Separate Washington and federal laws can apply to such material.

What Are the Penalties?

Penalties depend on the specific offense.

For example:

• Rape of a child in the third degree is a Class C felony.
• Certain sexual misconduct with a minor involving sexual intercourse can constitute a more serious felony offense.
• Certain sexual contact involving a 16- or 17-year-old and a person in a qualifying supervisory relationship can be a gross misdemeanor.

Other offenses can carry different penalties.

Frequently Asked Questions

What is the age of consent in Washington?

The general age of consent in Washington State is 16.

Can a 16-year-old legally consent to sex in Washington?

Generally, a 16-year-old has reached the state’s general age-of-consent threshold. However, special laws can apply when the other person has a qualifying supervisory or significant relationship with the minor.

Can a 15-year-old consent to sex in Washington?

A 15-year-old is below the general age of consent. Sexual intercourse can constitute rape of a child in the third degree when the other person is at least four years older.

Does Washington have a close-in-age exception?

Washington uses specific age-gap provisions rather than one broad statute called a Romeo and Juliet law. The four-year age difference is particularly important for the statutory offense involving 14- and 15-year-olds.

Can an 18-year-old have sex with a 15-year-old in Washington?

The age difference is three years, so the specific four-year requirement for rape of a child in the third degree would not be satisfied solely on those facts. However, other laws and circumstances may still apply.

Can a 21-year-old have sex with a 15-year-old in Washington?

This can result in serious criminal liability because the age difference exceeds the threshold in Washington’s rape-of-a-child statutes. The exact offense depends on the ages and circumstances.

Is Washington’s age of consent 16 or 18?

The general age of consent is 16, although Washington has additional protections for 16- and 17-year-olds in certain supervisory, school, foster-parent, and significant-relationship situations.

Final Takeaway

The general age of consent in Washington is 16. However, Washington’s laws use detailed age and relationship rules rather than relying on the number 16 alone.

For people 14 or 15, a four-year age difference can be critical because sexual intercourse with someone in that age range can constitute rape of a child in the third degree when the perpetrator is at least 48 months older.

For people aged 16 or 17, special laws can still apply when the older person is a school employee, foster parent, or someone who occupies a qualifying supervisory or significant relationship.

This article provides general legal information and is not legal advice. Washington law can change, and anyone dealing with a specific criminal or sexual-offense matter should consult a qualified Washington attorney.