title: RCW 9A.83.030

text:
(1) Proceeds traceable to or derived from specified unlawful activity or a violation of RCW 9A.83.020 are subject to seizure and forfeiture. The attorney general or county prosecuting attorney may file a civil action for the forfeiture of proceeds. Unless otherwise provided for under this section, no property rights exist in these proceeds. All right, title, and interest in the proceeds shall vest in the governmental entity of which the seizing law enforcement agency is a part upon commission of the act or omission giving rise to forfeiture under this section.
(2) Real or personal property subject to forfeiture under this chapter may be seized by any law enforcement officer of this state upon process issued by a superior court that has jurisdiction over the property. Any agency seizing real property shall file a lis pendens concerning the property. Real property seized under this section shall not be transferred or otherwise conveyed until ninety days after seizure or until a judgment of forfeiture is entered, whichever is later. Real property seized under this section may be transferred or conveyed to any person or entity who acquires title by foreclosure or deed in lieu of foreclosure of a security interest. Seizure of personal property without process may be made if:
(a) The seizure is incident to an arrest or a search under a search warrant or an inspection under an administrative inspection warrant issued pursuant to RCW 69.50.502; or
(b) The property subject to seizure has been the subject of a prior judgment in favor of the state in a criminal injunction or forfeiture proceeding based upon this chapter.
(3) A seizure under subsection (2) of this section commences proceedings for forfeiture pursuant to chapter 7.120 RCW.
[ 2025 c 306 s 8; 2020 c 62 s 1; 2008 c 6 s 630; 2001 c 168 s 2; 1992 c 210 s 3.]
Notes:
Application—Effective date—2025 c 306: See notes following RCW 7.120.010.
Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901.
Severability—2001 c 168: See note following RCW 69.50.505.

catchline: Seizure and forfeiture.


doc_type: statute

jurisdiction: wa

title: RCW 9A.83.040

text:
No liability is imposed by this chapter upon any authorized state, county, or municipal officer engaged in the lawful performance of his or her duties, or upon any person who reasonably believes that he or she is acting at the direction of such officer and that the officer is acting in the lawful performance of his or her duties.
[ 2011 c 336 s 409; 1992 c 210 s 4.]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Release from liability.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 9A.84.010

text:
(1) A person is guilty of the crime of criminal mischief if, acting with three or more other persons, he or she knowingly and unlawfully uses or threatens to use force, or in any way participates in the use of such force, against any other person or against property.
(2)(a) Except as provided in (b) of this subsection, the crime of criminal mischief is a gross misdemeanor.
(b) The crime of criminal mischief is a class C felony if the actor is armed with a deadly weapon.
[ 2013 c 20 s 1; 2003 c 53 s 91; 1975 1st ex.s. c 260 s 9A.84.010.]
Notes:
Effective date—2013 c 20: "This act takes effect January 1, 2014." [ 2013 c 20 s 3.]
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.

catchline: Criminal mischief.


title: RCW 9A.84.020

text:
(1) A person is guilty of failure to disperse if:
(a) He or she congregates with a group of three or more other persons and there are acts of conduct within that group which create a substantial risk of causing injury to any person, or substantial harm to property; and
(b) He or she refuses or fails to disperse when ordered to do so by a peace officer or other public servant engaged in enforcing or executing the law.
(2) Failure to disperse is a misdemeanor.
[ 2011 c 336 s 410; 1975 1st ex.s. c 260 s 9A.84.020.]

catchline: Failure to disperse.


title: RCW 9A.84.030

text:
(1) A person is guilty of disorderly conduct if the person:
(a) Uses abusive language and thereby intentionally creates a risk of assault;
(b) Intentionally disrupts any lawful assembly or meeting of persons without lawful authority;
(c) Intentionally obstructs vehicular or pedestrian traffic without lawful authority; or
(d)(i) Intentionally engages in fighting or in tumultuous conduct or makes unreasonable noise, within five hundred feet of:
(A) The location where a funeral or burial is being performed;
(B) A funeral home during the viewing of a deceased person;
(C) A funeral procession, if the person described in this subsection (1)(d) knows that the funeral procession is taking place; or
(D) A building in which a funeral or memorial service is being conducted; and
(ii) Knows that the activity adversely affects the funeral, burial, viewing, funeral procession, or memorial service.
(2) Disorderly conduct is a misdemeanor.
[ 2007 c 2 s 1; 1975 1st ex.s. c 260 s 9A.84.030.]
Notes:
Effective date—2007 c 2: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [February 2, 2007]." [ 2007 c 2 s 2.]

catchline: Disorderly conduct.


title: RCW 9A.84.040

text:
(1) A person commits false reporting if, with knowledge that the information reported, conveyed, or circulated is false, he or she initiates or circulates a false report or warning of an alleged occurrence or impending occurrence knowing that such false report is likely to cause: Evacuation of a building, place of assembly, or transportation facility; public inconvenience or alarm; or an emergency response.
(2)(a) A person is guilty of false reporting in the first degree if the report was made with reckless disregard for the safety of others, the false reporting caused an emergency response, and death is sustained by any person as a proximate result of an emergency response. False reporting in the first degree is a class B felony.
(b) A person is guilty of false reporting in the second degree if the report was made with reckless disregard for the safety of others, the false reporting caused an emergency response, and substantial bodily harm is sustained by any person as a proximate result of an emergency response. False reporting in the second degree is a class C felony.
(c) A person is guilty of false reporting in the third degree if he or she commits false reporting under circumstances not constituting false reporting in the first or second degree. False reporting in the third degree is a gross misdemeanor.
(3) Any criminal offense committed under this section may be deemed to have been committed either at the place from which the false report was made, at the place where the false report was received by law enforcement, or at the place where an evacuation, public inconvenience or alarm, or emergency response occurred.
(4) Where a case is legally sufficient to charge a person under the age of eighteen with the crime of false reporting and the alleged offense is the offender's first violation of this section, the prosecutor may divert the case.
(5) For the purposes of this section, "emergency response" means any action to protect life, health, or property by:
(a) A peace officer or law enforcement agency of the United States, the state, or a political subdivision of the state; or
(b) An agency of the United States, the state, or a political subdivision of the state, or a private not-for-profit organization that provides fire, rescue, or emergency medical services.
(6) Nothing in this section will be construed to: (a) Impose liability on a person who contacts law enforcement for the purpose of, or in connection with, the reporting of unlawful conduct; (b) conflict with Title 47 U.S.C. Sec. 230 of the communication decency act; or (c) conflict with Title 42 U.S.C. Sec. 1983 of the civil rights act.
[ 2020 c 344 s 2; 2011 c 336 s 411; 1975 1st ex.s. c 260 s 9A.84.040.]
Notes:
Finding—2020 c 344: "The legislature recognizes that false reporting laws criminalize the knowingly false reporting of certain occurrences that are likely to cause unwarranted evacuations, public inconvenience, or alarm. Recently, however, false reporting and the 911 system have been weaponized, resulting in serious dangers and even lost lives. The term "swatting" describes the false reporting of an emergency with the goal of having a police unit or special weapons and tactics team deployed. The reckless act of swatting, often motivated by the perpetrator's bias towards protected classes, has caused death and trauma in some cases. As such, the legislature finds that a gross misdemeanor is insufficient as a legal response and hereby create[s] felony false reporting punishments when the false reporting leads to injury or death." [ 2020 c 344 s 1.]

catchline: False reporting.


title: RCW 9A.86.010

text:
(1) A person commits the crime of disclosing intimate images when the person knowingly discloses an intimate image of another person and the person disclosing the image:
(a) Obtained it under circumstances in which a reasonable person would know or understand that the image was to remain private;
(b) Knows or should have known that the depicted person has not consented to the disclosure; and
(c) Knows or reasonably should know that disclosure would cause harm to the depicted person.
(2) A person who is under the age of eighteen is not guilty of the crime of disclosing intimate images unless the person:
(a) Intentionally and maliciously disclosed an intimate image of another person;
(b) Obtained it under circumstances in which a reasonable person would know or understand that the image was to remain private; and
(c) Knows or should have known that the depicted person has not consented to the disclosure.
(3) This section does not apply to:
(a) Images involving voluntary exposure in public or commercial settings; or
(b) Disclosures made in the public interest including, but not limited to, the reporting of unlawful conduct, or the lawful and common practices of law enforcement, criminal reporting, legal proceedings, or medical treatment.
(4) This section does not impose liability upon the following entities solely as a result of content provided by another person:
(a) An interactive computer service, as defined in 47 U.S.C. Sec. 230(f)(2);
(b) A mobile telecommunications service provider, as defined in RCW 82.04.065; or
(c) A telecommunications network or broadband provider.
(5) It shall be an affirmative defense to a violation of this section that the defendant is a family member of a minor and did not intend any harm or harassment in disclosing the images of the minor to other family or friends of the defendant. This affirmative defense shall not apply to matters defined under RCW 9.68A.011.
(6) For purposes of this section:
(a) "Disclosing" includes transferring, publishing, or disseminating, as well as making a digital depiction available for distribution or downloading through the facilities of a telecommunications network or through any other means of transferring computer programs or data to a computer;
(b) "Intimate image" means any photograph, motion picture film, videotape, digital image, or any other recording or transmission of another person who is identifiable from the image itself or from information displayed with or otherwise connected to the image, and that was taken in a private setting, is not a matter of public concern, and depicts:
(i) Sexual activity, including sexual intercourse as defined in RCW 9A.44.010 and masturbation; or
(ii) A person's intimate body parts, whether nude or visible through less than opaque clothing, including the genitals, pubic area, anus, or postpubescent female nipple.
(7) The crime of disclosing intimate images:
(a) Is a gross misdemeanor on the first offense; or
(b) Is a class C felony if the defendant has one or more prior convictions for a violation of this section or RCW 9A.86.030.
(8) Nothing in this section is construed to:
(a) Alter or negate any rights, obligations, or immunities of an interactive service provider under 47 U.S.C. Sec. 230; or
(b) Limit or preclude a plaintiff from securing or recovering any other available remedy.
[ 2024 c 88 s 8; 2016 c 91 s 1; 2015 2nd sp.s. c 7 s 1.]

catchline: Disclosing intimate images.


title: RCW 9A.86.020

text:
A minor who possesses any image of any other minor which constitutes an intimate image as defined in RCW 9A.86.010 or a fabricated intimate image as defined in RCW 9A.86.030 forfeits any right to continued possession of the image and any court exercising jurisdiction over such image shall order forfeiture of the image.
[ 2024 c 88 s 9; 2019 c 128 s 10.]
Notes:
Short title—2019 c 128: See note following RCW 13.40.660.

catchline: Intimate images—Forfeiture by minors.


title: RCW 9A.86.030

text:
(1) A person commits the crime of disclosing fabricated intimate images when the person knowingly discloses a fabricated intimate image of another person and the person disclosing the image:
(a) Knows or should have known that the depicted person has not consented to the disclosure; and
(b) Knows or reasonably should know that disclosure would cause harm to the depicted person.
(2) A person who is under the age of 18 is not guilty of the crime of disclosing fabricated intimate images unless the person:
(a) Intentionally and maliciously disclosed a fabricated intimate image of another person; and
(b) Knows or should have known that the depicted person has not consented to the disclosure.
(3) This section does not apply to:
(a) Disclosures made in the public interest including, but not limited to, the reporting of unlawful conduct, or the lawful and common practices of law enforcement, criminal reporting, legal proceedings, or medical treatment; or
(b) Images that constitute commentary, criticism, or disclosure protected by the Washington state Constitution or the United States Constitution.
(4) This section does not impose liability upon the following entities solely as a result of content provided by another person:
(a) An interactive computer service, as defined in Title 47 U.S.C. Sec. 230(f)(2);
(b) A mobile telecommunications service provider, as defined in RCW 82.04.065; or
(c) A telecommunications network or broadband provider.
(5) In any prosecution for a violation of this section, it is not a defense that:
(a) The perpetrator lacked knowledge of whether the disclosed image had been created or altered by digitization; or
(b) The depicted person consented to the creation or alteration of the image.
(6) For purposes of this section:
(a) "Digitization" means creating or altering an image of a person in a realistic manner utilizing images of another person or computer-generated images, regardless of whether such creation or alteration is accomplished manually or through an automated process. "Digitization" includes, but is not limited to, creation or alteration of an image by using artificial intelligence.
(b) "Disclosing" includes transferring, publishing, or disseminating, as well as making a digital depiction available for distribution or downloading through the facilities of a telecommunications network or through any other means of transferring computer programs or data to a computer.
(c) "Fabricated intimate image" means any photograph, motion picture film, videotape, digital image, or any other recording or transmission of another person who is identifiable from the image itself or from information displayed with or otherwise connected to the image, and that was created or altered by digitization to depict:
(i) Computer-generated intimate body parts or the intimate body parts of another person as the intimate body parts of the depicted person, whether nude or visible through less than opaque clothing and including the genitals, pubic area, anus, or postpubescent female nipple; or
(ii) The depicted person engaging in sexual activity, including masturbation, sexual contact, or sexual intercourse, as those terms are defined in RCW 9A.44.010, in which the depicted person did not actually engage.
(7) The crime of disclosing fabricated intimate images:
(a) Is a gross misdemeanor on the first offense; or
(b) Is a class C felony if the defendant has one or more prior convictions for a violation of this section or RCW 9A.86.010.
(8) Nothing in this section is construed to:
(a) Alter or negate any rights, obligations, or immunities of an interactive service provider under Title 47 U.S.C. Sec. 230; or
(b) Limit or preclude a plaintiff from securing or recovering any other available remedy.
[ 2024 c 88 s 7.]

catchline: Disclosing fabricated intimate images.


title: RCW 9A.88.010

text:
(1) A person is guilty of indecent exposure if he or she intentionally makes any open and obscene exposure of his or her person or the person of another knowing that such conduct is likely to cause reasonable affront or alarm. The act of breastfeeding or expressing breast milk is not indecent exposure.
(2)(a) Except as provided in (b) and (c) of this subsection, indecent exposure is a misdemeanor.
(b) Indecent exposure is a gross misdemeanor on the first offense if the person exposes himself or herself to a person under the age of fourteen years.
(c) Indecent exposure is a class C felony if the person has previously been convicted under this section or of a sex offense as defined in RCW 9.94A.030.
[ 2003 c 53 s 92; 2001 c 88 s 2; 1990 c 3 s 904; 1987 c 277 s 1; 1975 1st ex.s. c 260 s 9A.88.010.]
Notes:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
Acknowledgment—Declaration—Findings—2001 c 88: See note following RCW 43.70.640.

catchline: Indecent exposure.


title: RCW 9A.88.030

text:
(1) A person age eighteen or older is guilty of prostitution if such person engages or agrees or offers to engage in sexual conduct with another person in return for a fee.
(2) For purposes of this section, "sexual conduct" means "sexual intercourse" or "sexual contact," both as defined in chapter 9A.44 RCW.
(3) Prostitution is a misdemeanor.
[ 2020 c 331 s 4; 1988 c 145 s 16; 1979 ex.s. c 244 s 15; 1975 1st ex.s. c 260 s 9A.88.030.]
Notes:
Effective date—2020 c 331 ss 4, 5, and 6: "Sections 4, 5, and 6 of this act take effect January 1, 2024." [ 2020 c 331 s 12.]
Finding—2020 c 331: See note following RCW 7.68.380.
Effective date—Savings—Application—1988 c 145: See notes following RCW 9A.44.010.
Effective date—1979 ex.s. c 244: See RCW 9A.44.902.

catchline: Prostitution.


title: RCW 9A.88.040

text:
In any prosecution for prostitution under RCW 9A.88.030, it is an affirmative defense that the actor committed the offense as a result of being a victim of trafficking, RCW 9A.40.100, promoting prostitution in the first degree, RCW 9A.88.070, or trafficking in persons under the trafficking victims protection act of 2000, 22 U.S.C. Sec. 7101 et seq. Documentation that the actor is named as a current victim in an information or the investigative records upon which a conviction is obtained for trafficking, promoting prostitution in the first degree, or trafficking in persons shall create a presumption that the person's participation in prostitution was a result of having been a victim of trafficking, promoting prostitution in the first degree, or trafficking in persons.
[ 2012 c 142 s 1.]

catchline: Prosecution for prostitution under RCW 9A.88.030—Affirmative defense.


title: RCW 9A.88.050

text:
In any prosecution for prostitution, the sex of the two parties or prospective parties to the sexual conduct engaged in, contemplated, or solicited is immaterial, and it is no defense that:
(1) Such persons were of the same sex; or
(2) The person who received, agreed to receive, or solicited a fee was a male and the person who paid or agreed or offered to pay such fee was female.
[ 1975 1st ex.s. c 260 s 9A.88.050.]

catchline: Prostitution—Sex of parties immaterial—No defense.


title: RCW 9A.88.060

text:
The following definitions are applicable in RCW 9A.88.070 through 9A.88.090:
(1) "Advances prostitution." A person "advances prostitution" if, acting other than as a prostitute or as a customer thereof, he or she causes or aids a person to commit or engage in prostitution, procures or solicits customers for prostitution, provides persons or premises for prostitution purposes, operates or assists in the operation of a house of prostitution or a prostitution enterprise, or engages in any other conduct designed to institute, aid, or facilitate an act or enterprise of prostitution.
(2) "Profits from prostitution." A person "profits from prostitution" if, acting other than as a prostitute receiving compensation for personally rendered prostitution services, he or she accepts or receives money or anything of value pursuant to an agreement or understanding with any person whereby he or she participates or is to participate in the proceeds of prostitution activity.
[ 2017 c 231 s 5; 2011 c 336 s 412; 1975 1st ex.s. c 260 s 9A.88.060.]
Notes:
Finding—2017 c 231: See note following RCW 9A.04.080.

catchline: Promoting prostitution—Definitions.


title: RCW 9A.88.070

text:
(1) A person is guilty of promoting prostitution in the first degree if he or she knowingly advances prostitution:
(a) By compelling a person by threat or force to engage in prostitution or profits from prostitution which results from such threat or force; or
(b) By compelling a person with a mental incapacity or developmental disability that renders the person incapable of consent to engage in prostitution or profits from prostitution that results from such compulsion.
(2) Promoting prostitution in the first degree is a class B felony.
[ 2012 c 141 s 1; 2007 c 368 s 13; 1975 1st ex.s. c 260 s 9A.88.070.]

catchline: Promoting prostitution in the first degree.


title: RCW 9A.88.080

text:
(1) A person is guilty of promoting prostitution in the second degree if he or she knowingly:
(a) Profits from prostitution; or
(b) Advances prostitution.
(2) Promoting prostitution in the second degree is a class C felony.
[ 2011 c 336 s 413; 1975 1st ex.s. c 260 s 9A.88.080.]

catchline: Promoting prostitution in the second degree.


title: RCW 9A.88.085

text:
(1) A person commits the offense of promoting travel for prostitution if the person knowingly sells or offers to sell travel services that include or facilitate travel for the purpose of engaging in what would be patronizing a prostitute or promoting prostitution, if occurring in the state.
(2) For purposes of this section, "travel services" has the same meaning as defined in RCW 19.138.021.
(3) Promoting travel for prostitution is a class C felony.
[ 2006 c 250 s 2.]
Notes:
Finding—2006 c 250: "The legislature finds that the sex industry has rapidly expanded over the past several decades. It involves sexual exploitation of persons, predominantly women and girls, including activities relating to prostitution, pornography, sex tourism, and other commercial sexual services. Prostitution and related activities contribute to the trafficking in persons, as does sex tourism. Therefore, discouraging sex tourism is key to reducing the demand for sex trafficking.
While prostitution is illegal in developing nations that are the primary destination of sex tourism, sex tourism is a major component of the local economy. The laws target female workers rather than the male customers, and economic opportunities for females are limited. Developed nations create the demand for sex tourism, yet often fail to criminalize the practice, or the existing laws fail to specifically target the sellers of travel who organize, facilitate, and promote sex tourism." [ 2006 c 250 s 1.]

catchline: Promoting travel for prostitution.


title: RCW 9A.88.090

text:
(1) A person is guilty of permitting prostitution if, having possession or control of premises which he or she knows are being used for prostitution purposes, he or she fails without lawful excuse to make reasonable effort to halt or abate such use.
(2) Permitting prostitution is a misdemeanor.
[ 2011 c 336 s 414; 1975 1st ex.s. c 260 s 9A.88.090.]

catchline: Permitting prostitution.


title: RCW 9A.88.110

text:
(1) A person is guilty of patronizing a prostitute if:
(a) Pursuant to a prior understanding, he or she pays a fee to another person as compensation for such person or a third person having engaged in sexual conduct with him or her; or
(b) He or she pays or agrees to pay a fee to another person pursuant to an understanding that in return therefor such person will engage in sexual conduct with him or her; or
(c) He or she solicits or requests another person to engage in sexual conduct with him or her in return for a fee.
(2) The crime of patronizing a prostitute may be committed in more than one location. The crime is deemed to have been committed in any location in which the defendant commits any act under subsection (1)(a), (b), or (c) of this section that constitutes part of the crime. A person who sends a communication to patronize a prostitute is considered to have committed the crime both at the place from which the contact was made pursuant to subsection (1)(a), (b), or (c) of this section and where the communication is received, provided that this section must be construed to prohibit anyone from being prosecuted twice for substantially the same crime.
(3) For purposes of this section, "sexual conduct" has the meaning given in RCW 9A.88.030.
(4) Patronizing a prostitute is a misdemeanor.
[ 2017 c 232 s 1; 1988 c 146 s 4.]
Notes:
Severability—Effective dates—1988 c 146: See notes following RCW 9A.44.050.

catchline: Patronizing a prostitute.


title: RCW 9A.88.120

text:
(1)(a) In addition to penalties set forth in RCW 9A.88.010 and 9A.88.030, an adult offender who is either convicted or given a deferred sentence or a deferred prosecution or who has entered into a statutory or nonstatutory diversion agreement as a result of an arrest for violating RCW 9A.88.010, 9A.88.030, or comparable county or municipal ordinances shall be assessed a fifty dollar fee.
(b) In addition to penalties set forth in RCW 9A.88.090, an adult offender who is either convicted or given a deferred sentence or a deferred prosecution or who has entered into a statutory or nonstatutory diversion agreement as a result of an arrest for violating RCW 9A.88.090 or comparable county or municipal ordinances shall be assessed a fee in the amount of:
(i) One thousand five hundred dollars if the defendant has no prior convictions, deferred sentences, deferred prosecutions, or statutory or nonstatutory diversion agreements for this offense;
(ii) Two thousand five hundred dollars if the defendant has one prior conviction, deferred sentence, deferred prosecution, or statutory or nonstatutory diversion agreement for this offense; and
(iii) Five thousand dollars if the defendant has two or more prior convictions, deferred sentences, deferred prosecutions, or statutory or nonstatutory diversion agreements for this offense.
(c) In addition to penalties set forth in RCW 9A.88.110, a person who is either convicted or given a deferred sentence or a deferred prosecution or who has entered into a statutory or nonstatutory diversion agreement as a result of an arrest for violating RCW 9A.88.110 or a comparable county or municipal ordinance shall be assessed a fee in the amount of:
(i) One thousand five hundred dollars if the defendant has no prior convictions, deferred sentences, deferred prosecutions, or statutory or nonstatutory diversion agreements for this offense;
(ii) Two thousand five hundred dollars if the defendant has one prior conviction, deferred sentence, deferred prosecution, or statutory or nonstatutory diversion agreement for this offense; and
(iii) Five thousand dollars if the defendant has two or more prior convictions, deferred sentences, deferred prosecutions, or statutory or nonstatutory diversion agreements for this offense.
(d) In addition to penalties set forth in RCW 9A.88.070 and 9A.88.080, a person who is either convicted or given a deferred sentence or a deferred prosecution or who has entered into a statutory or nonstatutory diversion agreement as a result of an arrest for violating RCW 9A.88.070, 9A.88.080, or comparable county or municipal ordinances shall be assessed a fee in the amount of:
(i) Three thousand dollars if the defendant has no prior convictions, deferred sentences, deferred prosecutions, or statutory or nonstatutory diversion agreements for this offense;
(ii) Six thousand dollars if the defendant has one prior conviction, deferred sentence, deferred prosecution, or statutory or nonstatutory diversion agreement for this offense; and
(iii) Ten thousand dollars if the defendant has two or more prior convictions, deferred sentences, deferred prosecutions, or statutory or nonstatutory diversion agreements for this offense.
(2) The court shall not reduce, waive, or suspend payment of all or part of the assessed fee in this section unless it finds, on the record, that the offender does not have the ability to pay the fee in which case it may reduce the fee by an amount up to two-thirds of the maximum allowable fee.
(a) A superior court may, as described in RCW 9.94A.760, set a sum that the offender is required to pay on a monthly basis towards satisfying the fee imposed in this section.
(b) A district or municipal court may enter into a payment plan with the defendant, in which the fee assessed in this section is paid through scheduled periodic payments. The court may assess the defendant a reasonable fee for administrative services related to the operation of the payment plan.
(3) Fees assessed under this section shall be collected by the clerk of the court and remitted to the treasurer of the county where the offense occurred for deposit in the county general fund, except in cases in which the offense occurred in a city or town that provides for its own law enforcement, in which case these amounts shall be remitted to the treasurer of the city or town for deposit in the general fund of the city or town. Revenue from the fees must be used for local efforts to reduce the commercial sale of sex including, but not limited to, increasing enforcement of commercial sex laws.
(a) At least fifty percent of the revenue from fees imposed under this section must be spent on prevention, including education programs for offenders, such as john school, and rehabilitative services for victims, such as mental health and substance abuse counseling, parenting skills, training, housing relief, education, vocational training, drop-in centers, and employment counseling.
(b) Two percent of the revenue from fees imposed under this section shall be remitted quarterly to the department of commerce, together with a report detailing the fees assessed, the revenue received, and how that revenue was spent.
(c) Revenues from these fees are not subject to the distribution requirements under RCW 3.50.100, 3.62.020, 3.62.040, 10.82.070, or 35.20.220.
(4) For the purposes of this section:
(a) "Statutory or nonstatutory diversion agreement" means an agreement under RCW 13.40.080 or any written agreement between a person accused of an offense listed in subsection (1) of this section and a court, county, or city prosecutor, or designee thereof, whereby the person agrees to fulfill certain conditions in lieu of prosecution.
(b) "Deferred sentence" means a sentence that will not be carried out if the defendant meets certain requirements, such as complying with the conditions of probation.
[ 2015 c 265 s 20; 2013 c 121 s 5; 2012 c 134 s 3; 2007 c 368 s 12; 1995 c 353 s 13.]
Notes:
Finding—Intent—2015 c 265: See note following RCW 13.50.010.
Intent—Finding—2013 c 121: See note following RCW 43.63A.740.

catchline: Additional fee assessments.


title: RCW 9A.88.130

text:
(1) When sentencing or imposing conditions on a person convicted of, or receiving a deferred sentence or deferred prosecution for, violating RCW 9A.88.110 or 9.68A.100, the court must impose a requirement that the offender:
(a) Not be subsequently arrested for patronizing a prostitute or commercial sexual abuse of a minor;
(b) Remain outside the geographical area, prescribed by the court, in which the person was arrested for violating RCW 9A.88.110 or 9.68A.100, unless such a requirement would interfere with the person's legitimate employment or residence or otherwise be infeasible; and
(c) Fulfill the terms of a program, if a first-time offender, designated by the sentencing court, designed to educate offenders about the negative costs of prostitution.
(2) This requirement is in addition to the penalties set forth in RCW 9A.88.110, 9A.88.120, and 9.68A.100.
[ 2012 c 136 s 2; 1999 c 327 s 2.]
Notes:
Findings—Intent—1999 c 327: "The legislature finds that most law enforcement effort to prevent prostitution is directed at punishing prostitutes. The legislature also finds that many patrons of prostitutes use motor vehicles in order to obtain the services of prostitutes and that successful prevention of prostitution involves efforts to curtail the demand for services offered by prostitutes. It is the intent of the legislature to decrease the demand for prostitution services and thereby eliminate the economic foundation for the prostitution industry. It is also the intent of the legislature to eliminate traffic congestion and other concerns to neighborhoods and business areas caused by patrons cruising in motor vehicles in areas of high prostitution activity." [ 1999 c 327 s 1.]

catchline: Additional requirements.


title: RCW 9A.88.140

text:
(1)(a) Upon an arrest for a suspected violation of patronizing a prostitute, promoting prostitution in the first degree, promoting prostitution in the second degree, promoting travel for prostitution, the arresting law enforcement officer may impound the person's vehicle if (i) the motor vehicle was used in the commission of the crime; (ii) the person arrested is the owner of the vehicle or the vehicle is a rental car as defined in RCW 46.04.465; and (iii) either (A) the person arrested has previously been convicted of one of the offenses listed in this subsection or (B) the offense was committed within an area designated under (b) of this subsection.
(b) A local governing authority may designate areas within which vehicles are subject to impoundment under this section regardless of whether the person arrested has previously been convicted of any of the offenses listed in (a) of this subsection.
(i) The designation must be based on evidence indicating that the area has a disproportionately higher number of arrests for the offenses listed in (a) of this subsection as compared to other areas within the same jurisdiction.
(ii) The local governing authority shall post signs at the boundaries of the designated area to indicate that the area has been designated under this subsection.
(2) Upon an arrest for a suspected violation of commercial sexual abuse of a minor, promoting commercial sexual abuse of a minor, or promoting travel for commercial sexual abuse of a minor, the arresting law enforcement officer shall impound the person's vehicle if (a) the motor vehicle was used in the commission of the crime; and (b) the person arrested is the owner of the vehicle or the vehicle is a rental car as defined in RCW 46.04.465.
(3) Impoundments performed under this section shall be in accordance with chapter 46.55 RCW and the impoundment order must clearly state "prostitution hold."
(4)(a) Prior to redeeming the impounded vehicle, and in addition to all applicable impoundment, towing, and storage fees paid to the towing company under chapter 46.55 RCW, an adult owner of an impounded vehicle must pay a fine to the impounding agency. The fine shall be five hundred dollars for the offenses specified in subsection (1) of this section, or two thousand five hundred dollars for the offenses specified in subsection (2) of this section.
(b) Upon receipt of the fine paid under (a) of this subsection, the impounding agency shall issue a written receipt to the owner of the impounded vehicle.
(c) Fines assessed under this section shall be collected by the clerk of the court and remitted to the treasurer of the county where the offense occurred for deposit in the county general fund, except in cases in which the offense occurred in a city or town that provides for its own law enforcement, in which case these amounts shall be remitted to the treasurer of the city or town for deposit in the general fund of the city or town. Revenue from the fines must be used for local efforts to reduce the commercial sale of sex including, but not limited to, increasing enforcement of commercial sex laws.
(i) At least fifty percent of the revenue from fines imposed under this section must be spent on prevention, including education programs for offenders, such as john school, and rehabilitative services for victims, such as mental health and substance abuse counseling, parenting skills, training, housing relief, education, vocational training, drop-in centers, and employment counseling.
(ii) Two percent of the revenue from fines imposed under this section shall be remitted quarterly to the department of commerce, together with a report detailing the fees assessed, the revenue received, and how that revenue was spent.
(iii) Revenues from these fees are not subject to the distribution requirements under RCW 3.50.100, 3.62.020, 3.62.040, 10.82.070, or 35.20.220.
(5)(a) In order to redeem a vehicle impounded under this section, the owner must provide the towing company with the written receipt issued under subsection (4)(b) of this section.
(b) The written receipt issued under subsection (4)(b) of this section authorizes the towing company to release the impounded vehicle upon payment of all impoundment, towing, and storage fees.
(c) A towing company that relies on a forged receipt to release a vehicle impounded under this section is not liable to the impounding authority for any unpaid fine under subsection (4)(a) of this section.
(6)(a) In any proceeding under chapter 46.55 RCW to contest the validity of an impoundment under this section where the claimant substantially prevails, the claimant is entitled to a full refund of the impoundment, towing, and storage fees paid under chapter 46.55 RCW and the five hundred dollar fine paid under subsection (4) of this section.
(b) If the person is found not guilty at trial for a crime listed under subsection (1) of this section, the person is entitled to a full refund of the impoundment, towing, and storage fees paid under chapter 46.55 RCW and the fine paid under subsection (4) of this section.
(c) All refunds made under this section shall be paid by the impounding agency.
(d) Prior to receiving any refund under this section, the claimant must provide proof of payment.
[ 2015 c 265 s 21; 2013 c 121 s 6; 2010 c 289 s 12; 2009 c 387 s 1; 2007 c 368 s 8; 1999 c 327 s 3.]
Notes:
Finding—Intent—2015 c 265: See note following RCW 13.50.010.
Intent—Finding—2013 c 121: See note following RCW 43.63A.740.
Findings—Intent—1999 c 327: See note following RCW 9A.88.130.

catchline: Vehicle impoundment—Fees—Fines.


title: RCW 9A.88.150

text:
(1) The following are subject to seizure and forfeiture and no property right exists in them:
(a) Any property or other interest acquired or maintained in violation of RCW 9.68A.100, 9.68A.101, or 9A.88.070 to the extent of the investment of funds, and any appreciation or income attributable to the investment, from a violation of RCW 9.68A.100, 9.68A.101, or 9A.88.070;
(b) All conveyances, including aircraft, vehicles, or vessels, which are used, or intended for use, in any manner to facilitate a violation of RCW 9.68A.100, 9.68A.101, or 9A.88.070, except that:
(i) No conveyance used by any person as a common carrier in the transaction of business as a common carrier is subject to forfeiture under this section unless it appears that the owner or other person in charge of the conveyance is a consenting party or privy to a violation of RCW 9.68A.100, 9.68A.101, or 9A.88.070;
(ii) No conveyance is subject to forfeiture under this section by reason of any act or omission committed or omitted without the owner's knowledge or consent;
(iii) A forfeiture of a conveyance encumbered by a bona fide security interest is subject to the interest of the secured party if the secured party neither had knowledge of nor consented to the act or omission; and
(iv) When the owner of a conveyance has been arrested for a violation of RCW 9.68A.100, 9.68A.101, or 9A.88.070, the conveyance in which the person is arrested may not be subject to forfeiture unless it is seized or process is issued for its seizure within ten days of the owner's arrest;
(c) Any property, contractual right, or claim against property used to influence any enterprise that a person has established, operated, controlled, conducted, or participated in the conduct of, in violation of RCW 9.68A.100, 9.68A.101, or 9A.88.070;
(d) All proceeds traceable to or derived from an offense defined in RCW 9.68A.100, 9.68A.101, or 9A.88.070 and all moneys, negotiable instruments, securities, and other things of value significantly used or intended to be used significantly to facilitate commission of the offense;
(e) All books, records, and research products and materials, including formulas, microfilm, tapes, and data which are used, or intended for use, in violation of RCW 9.68A.100, 9.68A.101, or 9A.88.070;
(f) All moneys, negotiable instruments, securities, or other tangible or intangible property of value furnished or intended to be furnished by any person in exchange for a violation of RCW 9.68A.100, 9.68A.101, or 9A.88.070, all tangible or intangible personal property, proceeds, or assets acquired in whole or in part with proceeds traceable to an exchange or series of exchanges in violation of RCW 9.68A.100, 9.68A.101, or 9A.88.070, and all moneys, negotiable instruments, and securities used or intended to be used to facilitate any violation of RCW 9.68A.100, 9.68A.101, or 9A.88.070. A forfeiture of money, negotiable instruments, securities, or other tangible or intangible property encumbered by a bona fide security interest is subject to the interest of the secured party if, at the time the security interest was created, the secured party neither had knowledge of nor consented to the act or omission. No personal property may be forfeited under this subsection (1)(f), to the extent of the interest of an owner, by reason of any act or omission committed or omitted without the owner's knowledge or consent; and
(g) All real property, including any right, title, and interest in the whole of any lot or tract of land, and any appurtenances or improvements which are being used with the knowledge of the owner for a violation of RCW 9.68A.100, 9.68A.101, or 9A.88.070, or which have been acquired in whole or in part with proceeds traceable to an exchange or series of exchanges in violation of RCW 9.68A.100, 9.68A.101, or 9A.88.070, if a substantial nexus exists between the violation and the real property. However:
(i) No property may be forfeited pursuant to this subsection (1)(g), to the extent of the interest of an owner, by reason of any act or omission committed or omitted without the owner's knowledge or consent;
(ii) A forfeiture of real property encumbered by a bona fide security interest is subject to the interest of the secured party if the secured party, at the time the security interest was created, neither had knowledge of nor consented to the act or omission.
(2) Real or personal property subject to forfeiture under this section may be seized by any law enforcement officer of this state upon process issued by any superior court having jurisdiction over the property. Seizure of real property shall include the filing of a lis pendens by the seizing agency. Real property seized under this section shall not be transferred or otherwise conveyed until ninety days after seizure or until a judgment of forfeiture is entered, whichever is later: PROVIDED, That real property seized under this section may be transferred or conveyed to any person or entity who acquires title by foreclosure or deed in lieu of foreclosure of a security interest. Seizure of personal property without process may be made if:
(a) The seizure is incident to an arrest or a search under a search warrant;
(b) The property subject to seizure has been the subject of a prior judgment in favor of the state in a criminal injunction or forfeiture proceeding; or
(c) The law enforcement officer has probable cause to believe that the property was used or is intended to be used in violation of RCW 9.68A.100, 9.68A.101, or 9A.88.070.
(3) In the event of seizure pursuant to subsection (2) of this section, proceedings for forfeiture are governed by chapter 7.120 RCW.
[ 2025 c 306 s 7; 2022 c 162 s 5; 2014 c 188 s 4; 2012 c 140 s 1.]
Notes:
Application—Effective date—2025 c 306: See notes following RCW 7.120.010.
Effective date—2022 c 162: See note following RCW 69.50.505.

catchline: Seizure and forfeiture.


title: RCW 9A.88.160

text:
(1) A defendant who is charged by citation, complaint, or information with an offense involving promoting prostitution in the first degree as described in RCW 9A.88.070 or promoting prostitution in the second degree as described in RCW 9A.88.080 and not arrested shall appear in court for arraignment or initial appearance in person as soon as practicable, but in no event later than fourteen days after the defendant is served with the citation, complaint, or information. At that appearance, the court shall determine the necessity of imposing or extending a no-contact order, and consider the provisions of RCW 9.41.800 or other conditions of pretrial release according to the procedures established by court rule for preliminary appearance or an arraignment.
(2) Whenever a no-contact order is issued under this section, the clerk of the court shall forward a copy of the order on or before the next judicial day to the appropriate law enforcement agency specified in the order. Upon receipt of the copy of the order, the law enforcement agency shall enter the order for one year or until the expiration date specified on the order into any computer-based criminal intelligence information system available in this state used by law enforcement agencies to list outstanding warrants. Entry into the computer-based criminal intelligence information system constitutes notice to all law enforcement agencies of the existence of the order. The order is fully enforceable in any jurisdiction in the state. Upon receipt of notice that an order has been terminated, the law enforcement agency shall remove the order from the computer-based criminal intelligence information system.
[ 2017 c 230 s 5.]

catchline: Promoting prostitution in the first degree, second degree—Court appearance—No-contact orders—Entry of order into computer-based criminal intelligence information system.


title: RCW 9A.88.170

text:
(1) Because of the likelihood of repeated harassment and intimidation directed at those who have been victims of promoting prostitution in the first degree under RCW 9A.88.070 or promoting prostitution in the second degree under RCW 9A.88.080, before any defendant charged with or arrested, for a crime involving promoting prostitution is released from custody, or at any time the case remains unresolved, the court may prohibit that person from having any contact with the victim whether directly or through third parties. If there is no outstanding restraining or protective order prohibiting that person from having contact with the victim, the court may issue, by telephone, a no-contact order prohibiting the person charged or arrested from having contact with the victim or from knowingly coming within, or knowingly remaining within, a specified distance of a location. The court may also consider the provisions of RCW 9.41.800 or other conditions of pretrial release according to the procedures established by court rule for preliminary appearance or an arraignment.
(2) At the time of arraignment, the court shall determine whether a no-contact order shall be issued or extended. So long as the court finds probable cause, the court may issue or extend a no-contact order. The no-contact order shall terminate if the defendant is acquitted or the charges are dismissed.
(3)(a) Willful violation of a court order issued under this section is punishable under RCW 7.105.450.
(b) The written order shall contain the court's directives and shall bear the legend: Violation of this order is a criminal offense under chapter 7.105 RCW and the violator is subject to arrest; any assault, drive-by shooting, or reckless endangerment that is a violation of this order is a felony.
(4) Upon a motion with notice to all parties and after a hearing, the court may terminate or modify the terms of an existing no-contact order, including terms entered pursuant to RCW 9.41.800 related to firearms or other dangerous weapons or to concealed pistol licenses.
(5)(a) A defendant's motion to terminate or modify a no-contact order must include a declaration setting forth facts supporting the requested order for termination or modification. The court shall deny the motion unless it finds that adequate cause for hearing the motion is established by the declarations. If the court finds that the defendant established adequate cause, the court shall set a date for hearing the defendant's motion.
(b) The court may terminate or modify the terms of a no-contact order, including terms entered pursuant to RCW 9.41.800 related to firearms or other dangerous weapons or to concealed pistol licenses, if the defendant proves by a preponderance of the evidence that there has been a material change in circumstances such that the defendant is not likely to engage in or attempt to engage in physical or nonphysical contact with the victim if the order is terminated or modified. The victim bears no burden of proving that he or she has a current reasonable fear of harm by the defendant.
(c) A defendant may file a motion to terminate or modify pursuant to this section no more than once in every twelve-month period that the order is in effect, starting from the date of the order and continuing through any renewal.
(6) Whenever a no-contact order is issued, modified, or terminated under this section, the clerk of the court shall forward a copy of the order on or before the next judicial day to the appropriate law enforcement agency specified in the order. Upon receipt of the copy of the order the law enforcement agency shall enter the order for one year or until the expiration date specified on the order into any computer-based criminal intelligence information system available in this state used by law enforcement agencies to list outstanding warrants. Entry into the computer-based criminal intelligence information system constitutes notice to all law enforcement agencies of the existence of the order. The order is fully enforceable in any jurisdiction in the state. Upon receipt of notice that an order has been terminated, the law enforcement agency shall remove the order from the computer-based criminal intelligence information system.
[ 2021 c 215 s 112; 2017 c 230 s 7.]
Notes:
Effective date—2022 c 268; 2021 c 215: See note following RCW 7.105.900.

catchline: Promoting prostitution in the first degree, second degree—Court may prohibit defendant's contact with victim—No-contact orders—Issuance, termination, modification—Entry of order into computer-based criminal intelligence information system.


title: RCW 9A.88.180

text:
(1) If a defendant is found guilty of the crime of promoting prostitution in the first degree under RCW 9A.88.070 or promoting prostitution in the second degree under RCW 9A.88.080, and a condition of the sentence restricts the defendant's ability to have contact with the victim or witnesses, the condition must be recorded and a written certified copy of that order must be provided to the victim or witnesses by the clerk of the court. Willful violation of a court order issued under this section is punishable under RCW 7.105.450. The written order must contain the court's directives and shall bear the legend: Violation of this order is a criminal offense under chapter 7.105 RCW and the violator is subject to arrest; any assault, drive-by shooting, or reckless endangerment that is a violation of this order is a felony.
(2) Whenever a no-contact order is issued under this section, the clerk of the court shall forward a copy of the order on or before the next judicial day to the appropriate law enforcement agency specified in the order. Upon receipt of the copy of the order, the law enforcement agency shall enter the order for one year or until the expiration date specified on the order into any computer-based criminal intelligence information system available in this state used by law enforcement agencies to list outstanding warrants. Entry into the computer-based criminal intelligence information system constitutes notice to all law enforcement agencies of the existence of the order. The order is fully enforceable in any jurisdiction in the state. Upon receipt of notice that an order has been terminated, the law enforcement agency shall remove the order from the computer-based criminal intelligence information system.
[ 2021 c 215 s 113; 2017 c 230 s 8.]
Notes:
Effective date—2022 c 268; 2021 c 215: See note following RCW 7.105.900.

catchline: Promoting prostitution in the first degree, second degree—Condition of sentence restricting contact—No-contact orders—Entry of order into computer-based criminal intelligence information system.


title: RCW 9A.88.190

text:
Any general authority Washington peace officer as defined in RCW 10.93.020 in this state may enforce this chapter as it relates to orders restricting the defendants' ability to have contact with the victim or others.
[ 2017 c 230 s 6.]

catchline: Enforcement of rules restricting contact.


title: RCW 9A.88.200

text:
(1) A person acting in good faith who seeks emergency assistance for a victim of an offense included in subsection (4) of this section may not be charged or prosecuted for prostitution under RCW 9A.88.030, or an equivalent municipal ordinance, if the evidence for the charge of prostitution was obtained as a result of the person seeking emergency assistance.
(2) A person who is a victim of an offense included in subsection (4) of this section and is seeking emergency assistance on account of the offense may not be charged or prosecuted for prostitution under RCW 9A.88.030, or an equivalent municipal ordinance, if the evidence for the charge of prostitution was obtained as a result of the need for emergency assistance.
(3) The protection in this section from prosecution for prostitution is not grounds for suppression of evidence in other criminal charges.
(4) A victim of one of the following offenses, or a person seeking emergency assistance on his or her behalf, qualifies for immunity from prostitution charges as provided in subsections (1) and (2) of this section:
(a) Any violent offense as defined in RCW 9.94A.030;
(b) Assault in the third degree under RCW 9A.36.031;
(c) Assault in the fourth degree under RCW 9A.36.041, or an equivalent municipal ordinance;
(d) Rape in the third degree under RCW 9A.44.060.
[ 2019 c 114 s 1.]

catchline: Emergency assistance—Criminal immunity.


title: RCW 9A.90.010

text:
The legislature finds that the rapid pace of technological change and information computerization in the digital age generates a never ending sequence of anxiety inducing reports highlighting how the latest device or innovation is being used to harm consumers. The legislature finds that this generates an ongoing pattern of legislation being proposed to regulate each new technology. The legislature finds that a more systemic approach is needed to better protect consumers and address these rapidly advancing technologies. The legislature finds that the application of traditional criminal enforcement measures that apply long-standing concepts of trespass, fraud, and theft to activities in the electronic frontier has not provided the essential clarity, certainty, and predictability that regulators, entrepreneurs, and innovators need. The legislature finds that an integrated, comprehensive methodology, rather than a piecemeal approach, will provide significant economic development benefits by providing certainty to the innovation community about the actions and activities that are prohibited. Therefore, the legislature intends to create a new chapter of crimes to the criminal code to punish and deter misuse or abuse of technology, rather than the perceived threats of individual technologies. This new chapter of crimes has been developed from an existing and proven system of computer security threat modeling known as the STRIDE system.
The legislature intends to strike a balance between public safety and civil liberties in the digital world, including creating sufficient space for white hat security research and whistleblowers. The state whistleblower and public record laws prevent this act from being used to hide any deleterious actions by government officials under the guise of security. Furthermore, this act is not intended to criminalize activity solely on the basis that it violates any terms of service.
The purpose of the Washington cybercrime act is to provide prosecutors the twenty-first century tools they need to combat twenty-first century crimes.
[ 2016 c 164 s 1.]

catchline: Findings—Intent—2016 c 164.


title: RCW 9A.90.020

text:
This act may be known and cited as the Washington cybercrime act.
[ 2016 c 164 s 2.]

catchline: Short title—2016 c 164.


title: RCW 9A.90.030

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Access" means to gain entry to, instruct, communicate with, store data in, retrieve data from, or otherwise make use of any resources of electronic data, data network, or data system, including via electronic means.
(2) "Cybercrime" includes crimes of this chapter.
(3) "Data" means a digital representation of information, knowledge, facts, concepts, data software, data programs, or instructions that are being prepared or have been prepared in a formalized manner and are intended for use in a data network, data program, data services, or data system.
(4) "Data network" means any system that provides digital communications between one or more data systems or other digital input/output devices including, but not limited to, display terminals, remote systems, mobile devices, and printers.
(5) "Data program" means an ordered set of electronic data representing coded instructions or statements that when executed by a computer causes the device to process electronic data.
(6) "Data services" includes data processing, storage functions, internet services, email services, electronic message services, website access, internet-based electronic gaming services, and other similar system, network, or internet-based services.
(7) "Data system" means an electronic device or collection of electronic devices, including support devices one or more of which contain data programs, input data, and output data, and that performs functions including, but not limited to, logic, arithmetic, data storage and retrieval, communication, and control. This term does not include calculators that are not programmable and incapable of being used in conjunction with external files.
(8) "Electronic tracking device" means an electronic device that permits a person to remotely determine or monitor the position and movement of another person, vehicle, device, or other personal possession. As used in this definition, "electronic device" includes computer code or other digital instructions that once installed on a digital device, allows a person to remotely track the position of that device.
(9) "Identifying information" means information that, alone or in combination, is linked or linkable to a trusted entity that would be reasonably expected to request or provide credentials to access a targeted data system or network. It includes, but is not limited to, recognizable names, addresses, telephone numbers, logos, HTML links, email addresses, registered domain names, reserved IP addresses, user names, social media profiles, cryptographic keys, and biometric identifiers.
(10) "Malware" means any set of data instructions that are designed, without authorization and with malicious intent, to disrupt computer operations, gather sensitive information, or gain access to private computer systems. "Malware" does not include software that installs security updates, removes malware, or causes unintentional harm due to some deficiency. It includes, but is not limited to, a group of data instructions commonly called viruses or worms, that are self-replicating or self-propagating and are designed to infect other data programs or data, consume data resources, modify, destroy, record, or transmit data, or in some other fashion usurp the normal operation of the data, data system, or data network.
(11) "White hat security research" means accessing a data program, service, or system solely for purposes of good faith testing, investigation, identification, and/or correction of a security flaw or vulnerability, where such activity is carried out, and where the information derived from the activity is used, primarily to promote security or safety.
(12) "Without authorization" means to knowingly circumvent technological access barriers to a data system in order to obtain information without the express or implied permission of the owner, where such technological access measures are specifically designed to exclude or prevent unauthorized individuals from obtaining such information, but does not include white hat security research or circumventing a technological measure that does not effectively control access to a computer. The term "without the express or implied permission" does not include access in violation of a duty, agreement, or contractual obligation, such as an acceptable use policy or terms of service agreement, with an internet service provider, internet website, or employer. The term "circumvent technological access barriers" may include unauthorized elevation of privileges, such as allowing a normal user to execute code as administrator, or allowing a remote person without any privileges to run code.
[ 2022 c 231 s 2; 2016 c 164 s 3.]

catchline: Definitions.


title: RCW 9A.90.040

text:
(1) A person is guilty of computer trespass in the first degree if the person, without authorization, intentionally gains access to a computer system or electronic database of another; and
(a) The access is made with the intent to commit another crime in violation of a state law not included in this chapter; or
(b) The violation involves a computer or database maintained by a government agency.
(2) Computer trespass in the first degree is a class C felony.
[ 2016 c 164 s 4.]

catchline: Computer trespass in the first degree.


title: RCW 9A.90.050

text:
(1) A person is guilty of computer trespass in the second degree if the person, without authorization, intentionally gains access to a computer system or electronic database of another under circumstances not constituting the offense in the first degree.
(2) Computer trespass in the second degree is a gross misdemeanor.
[ 2016 c 164 s 5.]

catchline: Computer trespass in the second degree.


title: RCW 9A.90.060

text:
(1) A person is guilty of electronic data service interference if the person maliciously and without authorization causes the transmission of data, data program, or other electronic command that intentionally interrupts or suspends access to or use of a data network or data service.
(2) Electronic data service interference is a class C felony.
[ 2016 c 164 s 6.]

catchline: Electronic data service interference.


title: RCW 9A.90.070

text:
(1) A person is guilty of spoofing if he or she, without authorization, knowingly initiates the transmission, display, or receipt of the identifying information of another organization or person for the purpose of gaining unauthorized access to electronic data, a data system, or a data network, and with the intent to commit another crime in violation of a state law not included in this chapter.
(2) Spoofing is a gross misdemeanor.
[ 2016 c 164 s 7.]

catchline: Spoofing.


title: RCW 9A.90.080

text:
(1) A person is guilty of electronic data tampering in the first degree if he or she maliciously and without authorization:
(a)(i) Alters data as it transmits between two data systems over an open or unsecure network; or
(ii) Introduces any malware into any electronic data, data system, or data network; and
(b)(i) Doing so is for the purpose of devising or executing any scheme to defraud, deceive, or extort, or commit any other crime in violation of a state law not included in this chapter, or of wrongfully controlling, gaining access to, or obtaining money, property, or electronic data; or
(ii) The electronic data, data system, or data network is maintained by a governmental [government] agency.
(2) Electronic data tampering in the first degree is a class C felony.
[ 2016 c 164 s 8.]

catchline: Electronic data tampering in the first degree.


title: RCW 9A.90.090

text:
(1) A person is guilty of electronic data tampering in the second degree if he or she maliciously and without authorization:
(a) Alters data as it transmits between two data systems over an open or unsecure network under circumstances not constituting the offense in the first degree; or
(b) Introduces any malware into any electronic data, data system, or data network under circumstances not constituting the offense in the first degree.
(2) Electronic data tampering in the second degree is a gross misdemeanor.
[ 2016 c 164 s 9.]

catchline: Electronic data tampering in the second degree.


title: RCW 9A.90.100

text:
(1) A person is guilty of electronic data theft if he or she intentionally, without authorization, and without reasonable grounds to believe that he or she has such authorization, obtains any electronic data with the intent to:
(a) Devise or execute any scheme to defraud, deceive, extort, or commit any other crime in violation of a state law not included in this chapter; or
(b) Wrongfully control, gain access to, or obtain money, property, or electronic data.
(2) Electronic data theft is a class C felony.
[ 2016 c 164 s 10.]

catchline: Electronic data theft.


title: RCW 9A.90.110

text:
A person who, in the commission of a crime under this chapter, commits any other crime may be punished for that other crime as well as for the crime under this chapter and may be prosecuted for each crime separately.
[ 2016 c 164 s 11.]

catchline: Commission of other crime.


title: RCW 9A.90.120

text:
(1) A person is guilty of cyber harassment if the person, with intent to harass or intimidate any other person, and under circumstances not constituting telephone harassment, makes an electronic communication to that person or a third party and the communication:
(a)(i) Uses any lewd, lascivious, indecent, or obscene words, images, or language, or suggests the commission of any lewd or lascivious act;
(ii) Is made anonymously or repeatedly;
(iii) Contains a threat to inflict bodily injury immediately or in the future on the person threatened or to any other person; or
(iv) Contains a threat to damage, immediately or in the future, the property of the person threatened or of any other person; and
(b) With respect to any offense committed under the circumstances identified in (a)(iii) or (iv) of this subsection:
(i) Would cause a reasonable person, with knowledge of the sender's history, to suffer emotional distress or to fear for the safety of the person threatened; or
(ii) Reasonably caused the threatened person to suffer emotional distress or fear for the threatened person's safety.
(2)(a) Except as provided in (b) of this subsection, cyber harassment is a gross misdemeanor.
(b) A person who commits cyber harassment is guilty of a class C felony if any of the following apply:
(i) The person has previously been convicted in this or any other state of any crime of harassment, as defined in RCW 9A.46.060, of the same victim or members of the victim's family or household or any person specifically named in a no-contact or no-harassment order;
(ii) The person cyber harasses another person under subsection (1)(a)(iii) of this section by threatening to kill the person threatened or any other person;
(iii) The person cyber harasses a criminal justice participant or election official who is performing the participant's official duties or election official's official duties at the time the communication is made;
(iv) The person cyber harasses a criminal justice participant or election official because of an action taken or decision made by the criminal justice participant or election official during the performance of the participant's official duties or election official's official duties; or
(v) The person commits cyber harassment in violation of any protective order protecting the victim.
(3) Any criminal justice participant or election official who is a target for threats or harassment prohibited under subsection (2)(b)(iii) or (iv) of this section, and any family members residing with the participant or election official, shall be eligible for the address confidentiality program created under RCW 40.24.030.
(4) For purposes of this section, a criminal justice participant includes any:
(a) Federal, state, or municipal court judge;
(b) Federal, state, or municipal court staff;
(c) Federal, state, or local law enforcement agency employee;
(d) Federal, state, or local prosecuting attorney or deputy prosecuting attorney;
(e) Staff member of any adult corrections institution or local adult detention facility;
(f) Staff member of any juvenile corrections institution or local juvenile detention facility;
(g) Community corrections officer, probation officer, or parole officer;
(h) Member of the indeterminate sentence review board;
(i) Advocate from a crime victim/witness program; or
(j) Defense attorney.
(5) For the purposes of this section, an election official includes any staff member of the office of the secretary of state or staff member of a county auditor's office, regardless of whether the member is employed on a temporary or part-time basis, whose duties relate to voter registration or the processing of votes as provided in Title 29A RCW.
(6) The penalties provided in this section for cyber harassment do not preclude the victim from seeking any other remedy otherwise available under law.
(7) Any offense committed under this section may be deemed to have been committed either at the place from which the communication was made or at the place where the communication was received.
(8) For purposes of this section, "electronic communication" means the transmission of information by wire, radio, optical cable, electromagnetic, or other similar means. "Electronic communication" includes, but is not limited to, email, internet-based communications, pager service, and electronic text messaging.
[ 2022 c 231 s 1; 2004 c 94 s 1. Formerly RCW 9.61.260.]
Notes:
Severability—2004 c 94: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 2004 c 94 s 6.]
Effective dates—2004 c 94: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 24, 2004], except for section 3 of this act, which takes effect July 1, 2004." [ 2004 c 94 s 7.]

catchline: Cyber harassment.


title: RCW 9A.98.010

text: See 1975 1st ex.s. c 260 s 9A.92.010.

catchline: Acts or parts of acts repealed.


title: RCW 9A.98.020

text:
The laws repealed by RCW 9A.98.010 are repealed except with respect to rights and duties which matured, penalties which were incurred, and proceedings which were begun before July 1, 1976.
[ 1975 1st ex.s. c 260 s 9A.92.020.]

catchline: Savings clause.