In Washington State, the offense of Communicating With a Minor for Immoral Purposes (commonly referred to as CMIP) is governed by RCW 9.68A.090. CMIP is a serious crime that can result in felony or gross misdemeanor charges, depending on the facts of your case. But a common question our attorneys get asked is: what exactly does “immoral purposes” mean? Let’s take a look.
How Does Washington Law Define “Communicating with a Minor for Immoral Purposes”?
Under RCW 9.68A.090, you are guilty of CMIP if you communicate with a minor, or someone you believe to be a minor, for immoral purposes. The communication can happen through words, messages, images, or any other form, including in person, over the phone, or online.
What elevates the act from mere communication to a criminal offense is the intent behind it. The communication must be made for “immoral purposes,” but the statute does not define that term explicitly. This has led courts to interpret it over time.
For purposes of this statute, note that a minor is a person 16 years of age or younger.
How Does the Law Interpret “Immoral Purposes”?
Washington courts have generally defined “immoral purposes” to mean a sexual motivation.
In most cases, “immoral purposes” refers to:
- An intent to groom a child for sexual activity,
- An attempt to arouse either the offender or the minor,
- Steps toward arranging a sexual encounter, and
- Sending sexually explicit messages, photos, or videos.
In other words, the communication must be lewd, lascivious, or sexually suggestive in a way that targets the minor.
Note that the law does not require that a sexual act actually happen, or even be planned, for you to be charged with a crime. The intent behind the communication is what matters.
If the purpose of your message is to elicit a sexual response, initiate grooming, or begin a process that could lead to sexual conduct, that is often enough for prosecutors to bring charges.
What About Non-Sexual “Immoral” Acts?
Occasionally, people ask whether immoral purposes could include non-sexual behavior, like encouraging a child to steal or use drugs.
The answer is generally no. CMIP is aimed at conduct with a sexual or exploitative intent, not broader moral issues.
If someone is trying to persuade a minor to commit a crime that is not sexual in nature, they might still face charges, but usually under different statutes.
Online Conversations and Law Enforcement Stings
CMIP often arises in the context of online chats. Many cases involve undercover sting operations where an officer poses as a minor.
Even if no actual child is involved, if the defendant believes they are talking to a minor and communicates for sexual or lewd purposes, they can be charged.
This means the law applies whether or not the communication leads to a meeting, and whether or not the recipient is actually a child. What matters is the belief and the intent.
Is CMIP a Misdemeanor or a Felony?
CMIP can be charged as a gross misdemeanor or a class C felony, depending on your criminal record and the nature of the communication.
If electronic communication is involved, or if the person has prior sex-related convictions, the charge is typically elevated to a felony.
Contact Black & Askerov for Help
While a defendant can raise a legal defense to challenge a CMIP charge, it will take a skilled criminal defense attorney to raise the best defense. The experienced criminal defense attorneys at Black & Askerov have over 30 years of combined experience defending clients on criminal charges. Our Seattle criminal defense lawyers also have the skill and commitment that makes all the difference in these cases. Contact us now to get the legal help you deserve!
