STATE v. HIRSCHFELDER

No. 82744-3.

242 P.3d 876 (2010)

STATE of Washington, Petitioner, v. Matthew J. HIRSCHFELDER, Respondent.

Supreme Court of Washington, En Banc.

Decided November 18, 2010.


Attorney(s) appearing for the Case

Megan M. Valentine , Grays Harbor Prosecutor's Office, Grays Harbor Co. Prosecutor's Office, Attorney at Law, Montesano, WA, for Petitioner.

Robert Martin Morgan Hill , Samuel Tye Menser , Morgan Hill PC, Olympia, WA, for Respondent.

Harriet Kay Strasberg , Attorney at Law, Olympia, WA, amicus counsel for Washington Education Association.

David Allen , Allen Hansen & Maybrown PS, Susan F. Wilk , Washington Appellate Project, Ariella Lirite Wagonfeld, Attorney at Law, Seattle, WA, amicus counsel for Washington Association of Criminal Defense Lawyers.


STEPHENS, J.

¶ 1 This case requires us to interpret the statutory language prohibiting sexual relations between a student and a school employee, former RCW 9A.44.093(1)(b) (2005). At issue is whether, under the statute, the term "minor" includes students between the ages of 18 and 21, or just those under 18. Also at issue is whether the statute is unconstitutionally vague or violates the defendant's right to equal protection. We reverse the Court of Appeals and...

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