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My 13-year old daughter attended a birthday party. An adult present there engaged the minor kids in a game of Truth or Dare, which was sexual in nature. Can he be charged with sexual misconduct with a minor in Washington State?
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Anyone who communicates with a minor for immoral purposes if guilty of a gross misdemeanor, unless he or she has been previously convicted of a felony sexual offense, in which case he or she is guilty of a class C felony. In Washington, a minor is any individual under 18 years of age. "Immoral purposes" refers to sexual misconduct and is broadly construed. Communication may be via words or conduct. The government has a strong interest in preventing sexual exploitation and abue of children. Pursuant to the Washington criminal statutes, communication with children for the predatory objective of promoting their involvement in and exposure to sexual misconduct is prohibited. The government need not show that the defendant received personal sexual gratification or commercial gain from his or her actions.
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