State v. Goss, 186 Wash. 2d 372

Goss was charged with second degree child molestation involving E.F., his former fiancée's granddaughter.
The charging document initially alleged E.F. was 13; after trial testimony, the information was amended to reflect a timeframe with E.F. under 14.
RCW 9A.44.086 governs second degree child molestation, with three degrees based on victim's age and age difference; the lower age bound is at least twelve for second degree.
Goss contended the charging document failed to allege that the victim was at least twelve, violating due process and Apprendi/Alleyne principles.
The jury found Goss guilty of second degree molestation and not guilty of attempted third degree molestation; the Court of Appeals affirmed, and the Supreme Court granted review.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Adequacy of charging document	Goss contends the info omits the victim being 12+ as an element.	State maintains age floor is not an element; charging need not allege it.	Lower age limit is not an essential element; charging need not allege it.
Closing argument and excluded recording	State's failure to offer recording allowed improper inference; defender argues prejudice.	Goss argues exclusion of recording deprived defense; inference should be allowed.	Trial court did not abuse discretion; closing argument was properly limited.

State v. Kjorsvik, 117 Wn.2d 93 (1991) (elements requirement and notice framework)
State v. Ward, 148 Wn.2d 803 (2003) (whether certain language creates an element; purpose of statute)
State v. Tinker, 155 Wn.2d 219 (2005) (value not element; degree distinction)
State v. Leyda, 157 Wn.2d 335 (2006) (not an essential element; degree distinctions)
State v. Keend, 140 Wn. App. 858 (2007) (not all phrases create elements; degree separation)
Alleyne v. United States, 133 S. Ct. 2151 (2013) (penalty-enhancing facts may be elements)
Apprendi v. New Jersey, 530 U.S. 466 (2000) (facts increasing penalty are elements)
State v. Ward, 148 Wn.2d 803 (2003) (scope of elements and statutory construction)
State v. Smith, 122 Wn. App. 294 (2004) (lower age limit not element in analogous crimes)
State v. Dodd, 53 Wn. App. 178 (1989) (age thresholds not always elements)