Washington Law on Assault of a Child

You commit the crime of assault of a child if you cause bodily harm to a child in certain situations. The offense is a serious crime under Washington law that can result in severe penalties. Please contact a skilled criminal defense attorney now if you or a loved you has been charged with an assault crime.

What is Assault of a Child in the First Degree?

RCW 9A.36.120 is the Washington statute that defines the crime of first-degree assault of a child. Per this law, people commit an offense when they, with an intent to inflict great bodily harm, either:

• Assault the child with a firearm or other deadly weapon or by any means likely to produce great bodily harm or death,
• Expose the child to poison, HIV, or any other harmful substance, or
• Assault the child and inflict great bodily harm.

People are also guilty of this offense if they:

• Intentionally assault a child and either:
• Recklessly inflict great bodily harm on the child or
• Cause substantial bodily harm, and the person has previously engaged in a pattern or practice either of (A) assaulting the child which has resulted in bodily harm that is greater than transient physical pain or minor temporary marks, or (B) causing the child physical pain or agony that is equivalent to that produced by torture.

For purposes of this statute, a “child” is someone under the age of thirteen.

What is Assault of a Child in the Second Degree?

Per RCW 9A.36.130, a person 18 years of age or older is guilty of second-degree assault of a child if the victim is under the age of 13, and either of the following is true:

1. The defendant commits the crime of assault in the second degree against the child victim, or
2. The defendant intentionally assaults the child and causes bodily harm that is greater than transient physical pain or minor temporary marks, and the person has previously engaged in a pattern or practice either of (A) assaulting the child which has resulted in bodily harm that is greater than transient pain or minor temporary marks, or (ii) causing the child physical pain or agony that is equivalent to that produced by torture.

Note that, per RCW 9A.36.021, a person is guilty of “assault in the second degree” if he/she:

• Intentionally assaults another and thereby recklessly inflicts substantial bodily harm,
• Intentionally and unlawfully causes substantial bodily harm to an unborn child by intentionally and unlawfully inflicting any injury upon the mother of such child,
• Assaults another with a deadly weapon,
• With intent to inflict bodily harm, administers to or causes to be taken by another, poison or any other destructive or noxious substance,
• With intent to commit a felony, assaults another,
• Knowingly inflicts bodily harm which by design causes such pain or agony as to be the equivalent of that produced by torture, or
• Assaults another by strangulation or suffocation.

What is Washington’s Law on Assault of a Child in the Third Degree?

Washington law recognizes three degrees of assault on a child. These are:

• Assault of a child in the first degree,
• Assault of a child in the second degree, and
• Assault of a child in the third degree.

RCW 9A.36.140 is the Washington statute that sets forth the crime of assault of a child in the third degree. Under this law, you commit the crime in question if with criminal negligence you:

• Cause bodily harm to a person under the age of 13 by means of a weapon or other instrument likely to produce bodily harm, or
• Cause bodily harm to a person under the age of 13 and it results in substantial pain that causes considerable suffering.

Note that you act with “criminal negligence” if:

1. You fail to be aware of a substantial risk that a wrongful act may occur, and
2. Your failure constitutes a gross deviation from the standard of care that a reasonable person would exercise in the same situation.

Also note that terms like “bodily harm,” “substantial pain,” and “considerable suffering” are determined by the facts of your particular case.

What are the Penalties?

Assault of a child in the first degree is a Class A felony under Washington law (as opposed to a misdemeanor). The crime is punishable by:

• A maximum prison sentence of life in prison, and/or
• A maximum fine of $50,000.

Assault of a child in the second degree is a Class B felony under Washington law (as opposed to a misdemeanor). The crime is punishable by:

• A maximum prison sentence of 10 years, and/or
• A maximum fine of $20,000.

Assault of a child in the third degree is a class C felony under Washington law. The crime is punishable by:

• Custody in state prison for up to five years, and/or
• A maximum fine of $10,000.

The penalties for the other two degrees of assault of a child are more severe.

Can a Defendant Raise a Legal Defense?

Yes. People charged with this offense can contest the charge with a legal defense. Recall that you are only guilty of this form of assault if you act with criminal negligence. Further, this term has a precise legal definition. A defense, then, is to show that you were not criminally negligent.

Other defenses are for you or your criminal defense attorney to show that:

• You did not cause “bodily harm” on a child, and/or
• Your acts did not cause “substantial pain” or “considerable suffering.”

Contact Black & Askerov for Help

While a defendant can raise a legal defense to challenge an assault charge, it will take a skilled criminal defense attorney to raise the best defense. The experienced criminal defense lawyers at Black & Askerov have over 30 years of combined experience defending clients on assault charges. Our attorneys will fight tooth and nail for you at every step of your case. Contact us now to get the legal help you deserve!