Non-intercourse sexual activity, called “sexual contact” is defined as ” any touching of the sexual or other intimate parts of a person not married to the actor for the purpose of gratifying sexual desire of either party. McNallie, 120 Wn.2d 925, 846 P.2d 1358 (1993) overturned the scope of the Danforth ruling (though not the result; Danforth would have still had his conviction overturned under the McNallie standard), applying the communication statute to encompass all sexual misconduct with a minor, not just those under RCW Chapter 9.68A, which deal mostly with illegal child pornography and prostitution. Free Porn Section 709.4 states: A person commits sexual abuse in the third degree when the person performs a sex act under any of the following circumstances… 948.02 Sexual assault of a child… :
• Younger minor under 13 + Elder minor under 16 (more than 3 years between them ) :
o Sexual contact = 4th Degree & Sexual penetration = 3rd Degree
• Younger minor under 13 + Elder minor above 16 :
o pornography = 2nd Degree (younger under 16 vs.
