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State v. Hirschfelder

Supreme Court of Washington

242 P.3d 876 (2010)

Relevant factsFree

Matthew Hirschfelder (defendant), a 33-year-old high school teacher, had sexual intercourse with A.N.T., his 18-year-old student, at a school where students could remain registered until age 21. The state charged Hirschfelder under a statute criminalizing sexual intercourse between a school employee and a registered student at least 16 years old and at least 60 months younger than the employee. Hirschfelder moved to dismiss, arguing A.N.T. was not a "minor" under the statute since she was 18, and the court of appeals agreed, reading the statute to cover only students under 18.

IssueFree

Whether a special relationship of authority or influence between a perpetrator of statutory sexual misconduct and a victim can prevent the establishment of the victim's consent to sexual intercourse, regardless of the victim's age.

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