title: RCW 9.73.260

text:
(1) As used in this section:
(a) "Wire communication" means any aural transfer made in whole or in part through the use of facilities for the transmission of communications by the aid of wire, cable, or other like connection between the point of origin and the point of reception, including the use of such connection in a switching station, furnished or operated by any person engaged in providing or operating such facilities for the transmission of intrastate, interstate, or foreign communications, and such term includes any electronic storage of such communication.
(b) "Electronic communication" means any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic, or photo-optical system, but does not include:
(i) Any wire or oral communication;
(ii) Any communication made through a tone-only paging device; or
(iii) Any communication from a tracking device, but solely to the extent the tracking device is owned by the applicable law enforcement agency.
(c) "Electronic communication service" means any service that provides to users thereof the ability to send or receive wire or electronic communications.
(d) "Pen register" means a device that records or decodes electronic or other impulses that identify the numbers dialed or otherwise transmitted on the telephone line to which such device is attached, but such term does not include any device used by a provider or customer of a wire or electronic communication service for billing, or recording as an incident to billing, for communications services provided by such provider or any device used by a provider or customer of a wire communication service for cost accounting or other like purposes in the ordinary course of its business.
(e) "Trap and trace device" means a device that captures the incoming electronic or other impulses that identify the originating number of an instrument or device from which a wire or electronic communication was transmitted.
(f) "Cell site simulator device" means a device that transmits or receives radio waves for the purpose of conducting one or more of the following operations: (i) Identifying, locating, or tracking the movements of a communications device; (ii) intercepting, obtaining, accessing, or forwarding the communications, stored data, or metadata of a communications device; (iii) affecting the hardware or software operations or functions of a communications device; (iv) forcing transmissions from or connections to a communications device; (v) denying a communications device access to other communications devices, communications protocols, or services; or (vi) spoofing or simulating a communications device, cell tower, cell site, or service including, but not limited to, an international mobile subscriber identity catcher or other invasive cell phone or telephone surveillance or eavesdropping device that mimics a cell phone tower and sends out signals to cause cell phones in the area to transmit their locations, identifying information, and communications content, or a passive interception device or digital analyzer that does not send signals to a communications device under surveillance. A cell site simulator device does not include any device used or installed by an electric utility, as defined in RCW 19.280.020, solely to the extent such device is used by that utility to measure electrical usage, to provide services to customers, or to operate the electric grid.
(2) No person may install or use a pen register, trap and trace device, or cell site simulator device without a prior court order issued under this section except as provided under subsection (6) of this section or RCW 9.73.070.
(3) A law enforcement officer may apply for and the superior court may issue orders and extensions of orders authorizing the installation and use of pen registers, trap and trace devices, and cell site simulator devices as provided in this section. The application shall be under oath and shall include the identity of the officer making the application and the identity of the law enforcement agency conducting the investigation. The applicant must certify that the information likely to be obtained is relevant to an ongoing criminal investigation being conducted by that agency.
(4) If the court finds that the information likely to be obtained by such installation and use is relevant to an ongoing criminal investigation and finds that there is probable cause to believe that the pen register, trap and trace device, or cell site simulator device will lead to obtaining evidence of a crime, contraband, fruits of crime, things criminally possessed, weapons, or other things by means of which a crime has been committed or reasonably appears about to be committed, or will lead to learning the location of a person who is unlawfully restrained or reasonably believed to be a witness in a criminal investigation or for whose arrest there is probable cause, the court shall enter an ex parte order authorizing the installation and use of a pen register, trap and trace device, or cell site simulator device. The order shall specify:
(a)(i) In the case of a pen register or trap and trace device, the identity, if known, of the person to whom is leased or in whose name is listed the telephone line to which the pen register or trap and trace device is to be attached; or
(ii) In the case of a cell site simulator device, the identity, if known, of (A) the person to whom is subscribed or in whose name is subscribed the electronic communications service utilized by the device to which the cell site simulator device is to be used and (B) the person who possesses the device to which the cell site simulator device is to be used;
(b) The identity, if known, of the person who is the subject of the criminal investigation;
(c)(i) In the case of a pen register or trap and trace device, the number and, if known, physical location of the telephone line to which the pen register or trap and trace device is to be attached and, in the case of a trap and trace device, the geographic limits of the trap and trace order; or
(ii) In the case of a cell site simulator device: (A) The telephone number or other unique subscriber account number identifying the wire or electronic communications service account used by the device to which the cell site simulator device is to be attached or used; (B) if known, the physical location of the device to which the cell site simulator device is to be attached or used; (C) the type of device, and the communications protocols being used by the device, to which the cell site simulator device is to be attached or used; (D) the geographic area that will be covered by the cell site simulator device; (E) all categories of metadata, data, or information to be collected by the cell site simulator device from the targeted device including, but not limited to, call records and geolocation information; (F) whether or not the cell site simulator device will incidentally collect metadata, data, or information from any parties or devices not specified in the court order, and if so, what categories of information or metadata will be collected; and (G) any disruptions to access or use of a communications or internet access network that may be created by use of the device; and
(d) A statement of the offense to which the information likely to be obtained by the pen register, trap and trace device, or cell site simulator device relates.
The order shall direct, if the applicant has requested, the furnishing of information, facilities, and technical assistance necessary to accomplish the installation of the pen register, trap and trace device, or cell site simulator device. An order issued under this section shall authorize the installation and use of a: (i) Pen register or a trap and trace device for a period not to exceed sixty days; and (ii) cell site simulator device for sixty days. An extension of the original order may only be granted upon: A new application for an order under subsection (3) of this section; and a showing that there is a probability that the information or items sought under this subsection are more likely to be obtained under the extension than under the original order. No extension beyond the first extension shall be granted unless: There is a showing that there is a high probability that the information or items sought under this subsection are much more likely to be obtained under the second or subsequent extension than under the original order; and there are extraordinary circumstances such as a direct and immediate danger of death or serious bodily injury to a law enforcement officer. The period of extension shall be for a period not to exceed sixty days.
An order authorizing or approving the installation and use of a pen register, trap and trace device, or cell site simulator device shall direct that the order be sealed until otherwise ordered by the court and that the person owning or leasing the line to which the pen register, trap and trace device, and cell site simulator device is attached or used, or who has been ordered by the court to provide assistance to the applicant, not disclose the existence of the pen register, trap and trace device, or cell site simulator device or the existence of the investigation to the listed subscriber or to any other person, unless or until otherwise ordered by the court.
(5) Upon the presentation of an order, entered under subsection (4) of this section, by an officer of a law enforcement agency authorized to install and use a pen register under this chapter, a provider of wire or electronic communication service, landlord, custodian, or other person shall furnish such law enforcement officer forthwith all information, facilities, and technical assistance necessary to accomplish the installation of the pen register unobtrusively and with a minimum of interference with the services that the person so ordered by the court accords the party with respect to whom the installation and use is to take place, if such assistance is directed by a court order as provided in subsection (4) of this section.
Upon the request of an officer of a law enforcement agency authorized to receive the results of a trap and trace device under this chapter, a provider of a wire or electronic communication service, landlord, custodian, or other person shall install such device forthwith on the appropriate line and shall furnish such law enforcement officer all additional information, facilities, and technical assistance including installation and operation of the device unobtrusively and with a minimum of interference with the services that the person so ordered by the court accords the party with respect to whom the installation and use is to take place, if such installation and assistance is directed by a court order as provided in subsection (4) of this section. Unless otherwise ordered by the court, the results of the trap and trace device shall be furnished to the officer of a law enforcement agency, designated in the court order, at reasonable intervals during regular business hours for the duration of the order.
A provider of a wire or electronic communication service, landlord, custodian, or other person who furnishes facilities or technical assistance pursuant to this subsection shall be reasonably compensated by the law enforcement agency that requests the facilities or assistance for such reasonable expenses incurred in providing such facilities and assistance.
No cause of action shall lie in any court against any provider of a wire or electronic communication service, its officers, employees, agents, or other specified persons for providing information, facilities, or assistance in accordance with the terms of a court order under this section. A good faith reliance on a court order under this section, a request pursuant to this section, a legislative authorization, or a statutory authorization is a complete defense against any civil or criminal action brought under this chapter or any other law.
(6)(a) Notwithstanding any other provision of this chapter, a law enforcement officer and a prosecuting attorney or deputy prosecuting attorney who jointly and reasonably determine that there is probable cause to believe that an emergency situation exists that involves immediate danger of death or serious bodily injury to any person that requires the installation and use of a pen register, trap and trace device, or cell site simulator device before an order authorizing such installation and use can, with due diligence, be obtained, and there are grounds upon which an order could be entered under this chapter to authorize such installation and use, may have installed and use a pen register, trap and trace device, or cell site simulator device if, within forty-eight hours after the installation has occurred, or begins to occur, an order approving the installation or use is issued in accordance with subsection (4) of this section. In the absence of an authorizing order, such use shall immediately terminate when the information sought is obtained, when the application for the order is denied or when forty-eight hours have lapsed since the installation of the pen register, trap and trace device, or cell site simulator device, whichever is earlier. If an order approving the installation or use is not obtained within forty-eight hours, any information obtained is not admissible as evidence in any legal proceeding. The knowing installation or use by any law enforcement officer of a pen register, trap and trace device, or cell site simulator device pursuant to this subsection without application for the authorizing order within forty-eight hours of the installation shall constitute a violation of this chapter and be punishable as a gross misdemeanor. A provider of a wire or electronic service, landlord, custodian, or other person who furnished facilities or technical assistance pursuant to this subsection shall be reasonably compensated by the law enforcement agency that requests the facilities or assistance for such reasonable expenses incurred in providing such facilities and assistance.
(b) A law enforcement agency that authorizes the installation of a pen register, trap and trace device, or cell site simulator device under this subsection (6) shall file a monthly report with the administrator for the courts. The report shall indicate the number of authorizations made, the date and time of each authorization, whether a court authorization was sought within forty-eight hours, and whether a subsequent court authorization was granted.
(c) A law enforcement agency authorized to use a cell site simulator device in accordance with this section must: (i) Take all steps necessary to limit the collection of any information or metadata to the target specified in the applicable court order; (ii) take all steps necessary to permanently delete any information or metadata collected from any party not specified in the applicable court order immediately following such collection and must not transmit, use, or retain such information or metadata for any purpose whatsoever; and (iii) delete any information or metadata collected from the target specified in the court order within thirty days if there is no longer probable cause to support the belief that such information or metadata is evidence of a crime.
(7)(a) If an application for the installation and use of a pen register, trap and trace device, or cell site simulator device is for the purpose of investigating or recovering evidence that relates to an investigation that alleges criminal liability for the provision, receipt, attempted provision or receipt, assistance in the provision or receipt, or attempted assistance in the provision or receipt of protected health care services as defined in RCW 7.115.010 that are lawful in the state of Washington, the applicant shall include an attestation, made under penalty of perjury, stating that the application seeks information related to the provision, receipt, attempted provision or receipt, assistance in the provision or receipt, or attempted assistance in the provision or receipt of protected health care services as defined in RCW 7.115.010 that are lawful in the state of Washington.
(b) The court shall not issue an order for the installation and use of pen registers, trap and trace devices, and cell site simulator devices for the purpose of investigating or recovering evidence that relates to an investigation that alleges criminal liability for the provision, receipt, attempted provision or receipt, assistance in the provision or receipt, or attempted assistance in the provision or receipt of protected health care services as defined in RCW 7.115.010 that are lawful in the state of Washington.
[ 2023 c 193 s 6; 2015 c 222 s 2; 1998 c 217 s 1.]
Notes:
Effective date—2023 c 193: See note following RCW 7.115.020.
Effective date—2015 c 222: See note following RCW 9.73.270.
Local government reimbursement claims: RCW 4.92.280.

catchline: Pen registers, trap and trace devices, cell site simulator devices.


doc_type: statute

jurisdiction: wa

title: RCW 9.73.270

text:
The state and its political subdivisions shall not, by means of a cell site simulator device, collect or use a person's electronic data or metadata without (1) that person's informed consent, (2) a warrant, based upon probable cause, that describes with particularity the person, place, or thing to be searched or seized, or (3) acting in accordance with a legally recognized exception to the warrant requirements.
[ 2015 c 222 s 1.]
Notes:
Effective date—2015 c 222: "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 [May 11, 2015]." [ 2015 c 222 s 4.]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Collecting, using electronic data or metadata—Cell site simulator devices—Requirements.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 9.82.010

text:
(1) Treason against the people of the state consists in—
(a) Levying war against the people of the state, or
(b) Adhering to its enemies, or
(c) Giving them aid and comfort.
(2) Treason is a class A felony and punishable by death.
(3) No person shall be convicted for treason unless upon the testimony of two witnesses to the same overt act or by confession in open court.
[ 2003 c 53 s 46; 1909 c 249 s 65; RRS s 2317.]
Notes:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
Treason defined and evidence required: State Constitution Art. 1 s 27.

catchline: Defined—Penalty.


title: RCW 9.82.020

text:
To constitute levying war against the state an actual act of war must be committed. To conspire to levy war is not enough. When persons arise in insurrection with intent to prevent, in general, by force and intimidation, the execution of a statute of this state, or to force its repeal, they shall be guilty of levying war. But an endeavor, although by numbers and force of arms, to resist the execution of a law in a single instance, and for a private purpose, is not levying war.
[ 1909 c 249 s 66; RRS s 2318.]

catchline: Levying war.


title: RCW 9.82.030

text:
Every person having knowledge of the commission of treason, who conceals the same, and does not, as soon as may be, disclose such treason to the governor or a justice of the supreme court or a judge of either the court of appeals or the superior court, shall be guilty of misprision of treason and punished by a fine of not more than one thousand dollars, or by imprisonment in a state correctional facility for not more than five years or in a county jail for up to three hundred sixty-four days.
[ 2011 c 96 s 9; 1992 c 7 s 16; 1971 c 81 s 45; 1909 c 249 s 67; RRS s 2319.]
Notes:
Findings—Intent—2011 c 96: See note following RCW 9A.20.021.

catchline: Misprision of treason.


title: RCW 9.86.010

text:
The words flag, standard, color, ensign or shield, as used in this chapter, shall include any flag, standard, color, ensign or shield, or copy, picture or representation thereof, made of any substance or represented or produced thereon, and of any size, evidently purporting to be such flag, standard, color, ensign or shield of the United States or of this state, or a copy, picture or representation thereof.
[ 1919 c 107 s 1; RRS s 2675-1.]

catchline: "Flag," etc., defined.


title: RCW 9.86.020

text:
(1) No person shall, in any manner, for exhibition or display:
(a) Place or cause to be placed any word, figure, mark, picture, design, drawing or advertisement of any nature upon any flag, standard, color, ensign or shield of the United States or of this state, or authorized by any law of the United States or of this state; or
(b) Expose to public view any such flag, standard, color, ensign or shield upon which shall have been printed, painted or otherwise produced, or to which shall have been attached, appended, affixed or annexed any such word, figure, mark, picture, design, drawing or advertisement; or
(c) Expose to public view for sale, manufacture, or otherwise, or to sell, give, or have in possession for sale, for gift or for use for any purpose, any substance, being an article of merchandise, or receptacle, or thing for holding or carrying merchandise, upon or to which shall have been produced or attached any such flag, standard, color, ensign or shield, in order to advertise, call attention to, decorate, mark or distinguish such article or substance.
(2) A violation of this section is a gross misdemeanor.
[ 2003 c 53 s 47; 1919 c 107 s 2; 1909 c 249 s 423; 1901 c 154 s 1; RRS s 2675-2.]
Notes:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.

catchline: Improper use of flag prohibited.


title: RCW 9.86.030

text:
(1) No person shall knowingly cast contempt upon any flag, standard, color, ensign or shield, as defined in RCW 9.86.010, by publicly mutilating, defacing, defiling, burning, or trampling upon the flag, standard, color, ensign or shield.
(2) A violation of this section is a gross misdemeanor.
[ 2003 c 53 s 48; 1969 ex.s. c 110 s 1; 1919 c 107 s 3; 1909 c 249 s 423; RRS s 2675-3.]
Notes:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.

catchline: Desecration of flag.


title: RCW 9.86.040

text:
This chapter shall not apply to any act permitted by the statutes of the United States or of this state, or by the United States army and navy regulations, nor shall it apply to any printed or written document or production, stationery, ornament, picture or jewelry whereon shall be depicted said flag, standard, color, ensign or shield with no design or words thereon and disconnected with any advertisement.
[ 1919 c 107 s 4; RRS s 2675-4.]

catchline: Application of provisions.


title: RCW 9.91.010

text:
Terms used in this section shall have the following definitions:
(1)(a) "Every person" shall be construed to include any owner, lessee, proprietor, manager, agent or employee whether one or more natural persons, partnerships, associations, organizations, corporations, cooperatives, legal representatives, trustees, receivers, of this state and its political subdivisions, boards and commissions, engaged in or exercising control over the operation of any place of public resort, accommodation, assemblage, or amusement.
(b) "Deny" is hereby defined to include any act which directly or indirectly, or by subterfuge, by a person or his or her agent or employee, results or is intended or calculated to result in whole or in part in any discrimination, distinction, restriction, or unequal treatment, or the requiring of any person to pay a larger sum than the uniform rates charged other persons, or the refusing or withholding from any person the admission, patronage, custom, presence, frequenting, dwelling, staying, or lodging in any place of public resort, accommodation, assemblage, or amusement except for conditions and limitations established by law and applicable alike to all persons, regardless of race, creed, or color.
(c) "Full enjoyment of" shall be construed to include the right to purchase any service, commodity, or article of personal property offered or sold on, or by, any establishment to the public, and the admission of any person to accommodations, advantages, facilities, or privileges of any place of public resort, accommodation, assemblage, or amusement, without acts directly or indirectly causing persons of any particular race, creed, or color, to be treated as not welcome, accepted, desired, or solicited.
(d) "Any place of public resort, accommodation, assemblage, or amusement" is hereby defined to include, but not to be limited to, any public place, licensed or unlicensed, kept for gain, hire or reward, or where charges are made for admission, service, occupancy or use of any property or facilities, whether conducted for the entertainment, housing, or lodging of transient guests, or for the benefit, use or accommodation of those seeking health, recreation, or rest, or for the sale of goods and merchandise, or for the rendering of personal services, or for public conveyance or transportation on land, water or in the air, including the stations and terminals thereof and the garaging of vehicles, or where food or beverages of any kind are sold for consumption on the premises, or where public amusement, entertainment, sports, or recreation of any kind is offered with or without charge, or where medical service or care is made available, or where the public gathers, congregates, or assembles for amusement, recreation or public purposes, or public halls, public elevators, and public washrooms of buildings and structures occupied by two or more tenants, or by the owner and one or more tenants, or any public library or any educational institution wholly or partially supported by public funds, or schools of special instruction, or nursery schools, or day care centers or children's camps; nothing herein contained shall be construed to include, or apply to, any institute, bona fide club, or place of accommodation, which is by its nature distinctly private provided that where public use is permitted that use shall be covered by this section; nor shall anything herein contained apply to any educational facility operated or maintained by a bona fide religious or sectarian institution; and the right of a natural parent in loco parentis to direct the education and upbringing of a child under his or her control is hereby affirmed.
(2) Every person who denies to any other person because of race, creed, or color, the full enjoyment of any of the accommodations, advantages, facilities, or privileges of any place of public resort, accommodation, assemblage, or amusement, shall be guilty of a misdemeanor.
[ 2011 c 336 s 329; 1953 c 87 s 1; 1909 c 249 s 434; RRS s 2686.]
Notes:
Application forms, licenses—Mention of race or religion prohibited—Penalty: RCW 43.01.100.
Interference with board against discrimination: RCW 49.60.310.

catchline: Denial of civil rights—Terms defined.


title: RCW 9.91.020

text:
Every person who, being employed upon any railway, as engineer, motor operator, grip operator, conductor, switch tender, fire tender, bridge tender, flagger, or signal operator, or having charge of stations, starting, regulating, or running trains upon a railway, or being employed as captain, engineer, or other officer of a vessel propelled by steam, or being the driver of any animal or vehicle upon any public highway, street, or other public place, is intoxicated while engaged in the discharge of any such duties, shall be guilty of a gross misdemeanor.
[ 2013 c 23 s 4; 2000 c 239 s 3; 1915 c 165 s 2; 1909 c 249 s 275; RRS s 2527.]
Notes:
Reviser's note: Caption for 1915 c 165 s 2 reads as follows: "Section 2527 [Rem. & Bal.] Intoxication of employees." See State v. Crothers, 118 Wash. 226, 203 P. 74 (1922).
Captions not law—2000 c 239: See note following RCW 49.17.350.
Hunting while intoxicated—Penalty: RCW 77.15.675.
Operating vehicle under influence of intoxicants or drugs: RCW 46.20.285, 46.61.502.
Operating vessel in reckless manner or while under influence of alcohol or drugs: RCW 79A.60.040.
Railroads, employees, equipment, operations: Chapters 81.40, 81.44, 81.48 RCW.

catchline: Operating railroad, steamboat, vehicle, etc., while intoxicated.


title: RCW 9.91.025

text:
(1) A person is guilty of unlawful transit conduct if, while on or in a transit vehicle or in or at a transit station, he or she knowingly:
(a) Smokes or carries a lighted or smoldering pipe, cigar, or cigarette, unless he or she is smoking in an area designated and authorized by the transit authority;
(b) Discards litter other than in designated receptacles;
(c) Dumps or discards, or both, any materials on or at a transit facility including, but not limited to, hazardous substances and automotive fluids;
(d) Plays any radio, recorder, or other sound-producing equipment, except that nothing herein prohibits the use of the equipment when connected to earphones or an ear receiver that limits the sound to an individual listener. The use of public address systems or music systems that are authorized by a transit agency is permitted. The use of communications devices by transit employees and designated contractors or public safety officers in the line of duty is permitted, as is the use of private communications devices used to summon, notify, or communicate with other individuals, such as pagers and cellular phones;
(e) Spits, expectorates, urinates, or defecates, except in appropriate plumbing fixtures in restroom facilities;
(f) Carries any flammable liquid, explosive, acid, or other article or material likely to cause harm to others, except that nothing herein prevents a person from carrying a cigarette, cigar, or pipe lighter or carrying a firearm or ammunition in a way that is not otherwise prohibited by law;
(g) Consumes an alcoholic beverage or is in possession of an open alcoholic beverage container, unless authorized by the transit authority and required permits have been obtained;
(h) Obstructs or impedes the flow of transit vehicles or passenger traffic, hinders or prevents access to transit vehicles or stations, or otherwise unlawfully interferes with the provision or use of public transportation services;
(i) Unreasonably disturbs others by engaging in loud, raucous, unruly, harmful, or harassing behavior;
(j) Destroys, defaces, or otherwise damages property in a transit vehicle or at a transit facility;
(k) Throws an object in a transit vehicle, at a transit facility, or at any person at a transit facility with intent to do harm;
(l) Possesses an unissued transfer or fare media or tenders an unissued transfer or fare media as proof of fare payment;
(m) Falsely claims to be a transit operator or other transit employee or through words, actions, or the use of clothes, insignia, or equipment resembling department-issued uniforms and equipment, creates a false impression that he or she is a transit operator or other transit employee;
(n) Engages in gambling or any game of chance for the winning of money or anything of value;
(o) Skates on roller skates or in-line skates, or rides in or upon or by any means a coaster, skateboard, toy vehicle, or any similar device. However, a person may walk while wearing skates or carry a skateboard while on or in a transit vehicle or in or at a transit station if that conduct is not otherwise prohibited by law; or
(p) Engages in other conduct that is inconsistent with the intended use and purpose of the transit facility, transit station, or transit vehicle and refuses to obey the lawful commands of an agent of the transit authority or a peace officer to cease such conduct.
(2) For the purposes of this section:
(a) "Transit station" or "transit facility" means all passenger facilities, structures, stops, shelters, bus zones, properties, and rights-of-way of all kinds that are owned, leased, held, or used by a transit authority for the purpose of providing public transportation services.
(b) "Transit vehicle" means any motor vehicle, streetcar, train, trolley vehicle, ferry boat, or any other device, vessel, or vehicle that is owned or operated by a transit authority or an entity providing service on behalf of a transit authority that is used for the purpose of carrying passengers on a regular schedule.
(c) "Transit authority" means a city transit system under RCW 35.58.2721 or chapter 35.95A RCW, a county transportation authority under chapter 36.57 RCW, a metropolitan municipal corporation transit system under chapter 36.56 RCW, a public transportation benefit area under chapter 36.57A RCW, an unincorporated transportation benefit area under RCW 36.57.100, a regional transportation authority under chapter 81.112 RCW, the Washington state ferries, or any special purpose district formed to operate a public transportation system.
(3) Any person who violates this section is guilty of a misdemeanor.
[ 2025 c 234 s 1; 2009 c 279 s 3; 2004 c 118 s 1; 1994 c 45 s 4; 1992 c 77 s 1; 1984 c 167 s 1.]
Notes:
Findings—Declaration—Severability—1994 c 45: See notes following RCW 7.48.140.
Drinking in public conveyance: RCW 66.44.250.

catchline: Unlawful transit conduct.


title: RCW 9.91.060

text:
Every person having the care and custody, whether temporary or permanent, of minor children under the age of twelve years, who shall leave such children in a parked automobile unattended by an adult while such person enters a tavern or other premises where vinous, spirituous, or malt liquors are dispensed for consumption on the premises shall be guilty of a gross misdemeanor.
[ 1999 c 143 s 9; 1951 c 270 s 17.]
Notes:
Leaving children unattended in standing vehicle with motor running: RCW 46.61.685.

catchline: Leaving children unattended in parked automobile.


title: RCW 9.91.130

text:
(1) It is unlawful for any person to throw, drop, deposit, discard, or otherwise dispose of any trash, including, but not limited to items that have deteriorated to the extent that they are no longer of monetary value or of use for the purpose they were intended; garbage, including any organic matter; or litter, in or around a receptacle provided by a charitable organization, as defined in RCW 19.09.020(2), for the donation of clothing, property, or other thing of monetary value to be used for the charitable purposes of such organization.
(2) Charitable organizations must post a clearly visible notice on the donation receptacles warning of the existence and content of this section and the penalties for violation of its provisions, as well as a general identification of the items which are appropriate to be deposited in the receptacle.
(3) Any person violating the provisions of this section shall be guilty of a misdemeanor, and the fine for such violation shall be not less than fifty dollars for each offense.
(4) Nothing in this section shall preclude a charitable organization which maintains the receptacle from pursuing a civil action and seeking whatever damages were sustained by reason of the violation of the provisions of this section. For a second or subsequent violation of this section, such person shall be liable for treble the amount of damages done by the person, but in no event less than two hundred dollars, and such damages may be recovered in a civil action before any district court judge.
[ 1987 c 385 s 1.]
Notes:
Severability—1987 c 385: "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." [ 1987 c 385 s 2.]

catchline: Disposal of trash in charity donation receptacle.


title: RCW 9.91.140

text:
A person who sells food stamps obtained through the program established under RCW 74.04.500 or food stamp benefits transferred electronically, or food purchased therewith, is guilty of the following:
(1) A gross misdemeanor if the value of the stamps, benefits, or food transferred exceeds one hundred dollars; or
(2) A misdemeanor if the value of the stamps, benefits, or food transferred is one hundred dollars or less.
[ 2003 c 53 s 49; 1998 c 79 s 1; 1996 c 78 s 1; 1988 c 62 s 1.]
Notes:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.

catchline: Food stamps—Unlawful sale.


title: RCW 9.91.142

text:
A person who purchases, or who otherwise acquires and sells, or who traffics in, food stamps as defined by the federal food stamp act, as amended, 7 U.S.C. Sec. 2011 et seq., or food stamp benefits transferred electronically, is guilty of the following:
(1) A class C felony punishable according to chapter 9A.20 RCW if the face value of the stamps or benefits exceeds one hundred dollars; or
(2) A gross misdemeanor if the face value of the stamps or benefits is one hundred dollars or less.
[ 2003 c 53 s 50.]
Notes:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.

catchline: Food stamps—Trafficking.


title: RCW 9.91.144

text:
A person who, in violation of 7 U.S.C. Sec. 2024(c), obtains and presents food stamps as defined by the federal food stamp act, as amended, 7 U.S.C. Sec. 2011 et seq., or food stamp benefits transferred electronically, for redemption or causes such stamps or benefits to be presented for redemption through the program established under RCW 74.04.500 is guilty of a class C felony punishable according to chapter 9A.20 RCW.
[ 2003 c 53 s 51.]
Notes:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.

catchline: Food stamps—Unlawful redemption.


title: RCW 9.91.150

text:
(1) Any person who maliciously drives or places in any tree, forest material, forest debris, or other wood material any iron, steel, ceramic, or other substance sufficiently hard to injure saws or wood processing or manufacturing equipment, for the purpose of hindering logging or timber harvesting activities, is guilty of a class C felony under chapter 9A.20 RCW.
(2) Any person who, with the intent to use it in a violation of subsection (1) of this section, possesses any iron, steel, ceramic, or other substance sufficiently hard to injure saws or wood processing or manufacturing equipment is guilty of a gross misdemeanor under chapter 9A.20 RCW.
(3) As used in this section the terms "forest debris" and "forest material" have the same meanings as under RCW 76.04.005.
[ 1988 c 224 s 1.]

catchline: Tree spiking.


title: RCW 9.91.155

text:
Any person who is damaged by any act prohibited in RCW 9.91.150 may bring a civil action to recover damages sustained, including a reasonable attorney's fee. A party seeking civil damages under this section may recover upon proof of a violation of the provisions of RCW 9.91.150 by a preponderance of the evidence.
[ 1988 c 224 s 2.]

catchline: Tree spiking—Action for damages.


title: RCW 9.91.160

text:
(1) It is unlawful for a person under eighteen years old, unless the person is at least fourteen years old and has the permission of a parent or guardian to do so, to purchase or possess a personal protection spray device. A violation of this subsection is a misdemeanor.
(2) No town, city, county, special purpose district, quasi-municipal corporation or other unit of government may prohibit a person eighteen years old or older, or a person fourteen years old or older who has the permission of a parent or guardian to do so, from purchasing or possessing a personal protection spray device or from using such a device in a manner consistent with the authorized use of force under RCW 9A.16.020. No town, city, county, special purpose district, quasi-municipal corporation, or other unit of government may prohibit a person eighteen years old or older from delivering a personal protection spray device to a person authorized to possess such a device.
(3) For purposes of this section:
(a) "Personal protection spray device" means a commercially available dispensing device designed and intended for use in self-defense and containing a nonlethal sternutator or lacrimator agent, including but not limited to:
(i) Tear gas, the active ingredient of which is either chloroacetophenone (CN) or O-chlorobenzylidene malononitrile (CS); or
(ii) Other agent commonly known as mace, pepper mace, or pepper gas.
(b) "Delivering" means actual, constructive, or attempted transferring from one person to another.
(4) Nothing in this section authorizes the delivery, purchase, possession, or use of any device or chemical agent that is otherwise prohibited by state law.
[ 1994 sp.s. c 7 s 514.]
Notes:
Finding—Intent—Severability—1994 sp.s. c 7: See notes following RCW 43.70.540.

catchline: Personal protection spray devices.


title: RCW 9.91.170

text:
(1)(a) Any person who has received notice that his or her behavior is interfering with the use of a dog guide or service animal who continues with reckless disregard to interfere with the use of a dog guide or service animal by obstructing, intimidating, or otherwise jeopardizing the safety of the dog guide or service animal user or his or her dog guide or service animal is guilty of a misdemeanor, except as provided in (b) of this subsection.
(b) A second or subsequent violation of this subsection is a gross misdemeanor.
(2)(a) Any person who, with reckless disregard, allows his or her dog to interfere with the use of a dog guide or service animal by obstructing, intimidating, or otherwise jeopardizing the safety of the dog guide or service animal user or his or her dog guide or service animal is guilty of a misdemeanor, except as provided in (b) of this subsection.
(b) A second or subsequent violation of this subsection is a gross misdemeanor.
(3) Any person who, with reckless disregard, injures, disables, or causes the death of a dog guide or service animal is guilty of a gross misdemeanor.
(4) Any person who, with reckless disregard, allows his or her dog to injure, disable, or cause the death of a dog guide or service animal is guilty of a gross misdemeanor.
(5) Any person who intentionally injures, disables, or causes the death of a dog guide or service animal is guilty of a class C felony punishable according to chapter 9A.20 RCW.
(6) Any person who wrongfully obtains or exerts unauthorized control over a dog guide or service animal with the intent to deprive the dog guide or service animal user of his or her dog guide or service animal is guilty of theft in the first degree, RCW 9A.56.030.
(7)(a) In any case in which the defendant is convicted of a violation of this section, he or she shall also be ordered to make full restitution for all damages, including incidental and consequential expenses incurred by the dog guide or service animal user and the dog guide or service animal which arise out of or are related to the criminal offense.
(b) Restitution for a conviction under this section shall include, but is not limited to:
(i) The value of the replacement of an incapacitated or deceased dog guide or service animal, the training of a replacement dog guide or service animal, or retraining of the affected dog guide or service animal and all related veterinary and care expenses; and
(ii) Medical expenses of the dog guide or service animal user, training of the dog guide or service animal user, and compensation for wages or earned income lost by the dog guide or service animal user.
(8) Nothing in this section shall affect any civil remedies available for violation of this section.
(9) For purposes of this section, the following definitions apply:
(a) "Dog guide" means a dog that is trained or in training for the purpose of guiding blind persons or a dog trained or in training for the purpose of assisting hearing impaired persons.
(b) "Service animal" means an animal that is trained or in training for the purposes of assisting or accommodating a disabled person's sensory, mental, or physical disability.
(c) "Notice" means a verbal or otherwise communicated warning prescribing the behavior of another person and a request that the person stop their behavior.
(d) "Value" means the value to the dog guide or service animal user and does not refer to cost or fair market value.
[ 2017 c 170 s 1; 2003 c 53 s 52; 2001 c 112 s 2.]
Notes:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
Short title—2001 c 112: "This act may be known and cited as Layla's Law." [ 2001 c 112 s 1.]

catchline: Interfering with dog guide or service animal.


title: RCW 9.91.175

text:
(1)(a)(i) Any person who has received notice that his or her behavior is interfering with the use of an on-duty search and rescue dog who continues with reckless disregard to interfere with the use of an on-duty search and rescue dog by obstructing, intimidating, or otherwise jeopardizing the safety of the search and rescue dog user or his or her search and rescue dog is guilty of a misdemeanor punishable according to chapter 9A.20 RCW, except when (a)(ii) of this subsection applies.
(ii) A second or subsequent violation of (a)(i) of this subsection is a gross misdemeanor punishable according to chapter 9A.20 RCW.
(b)(i) Any person who, with reckless disregard, allows his or her dog to interfere with the use of an on-duty search and rescue dog by obstructing, intimidating, or otherwise jeopardizing the safety of the search and rescue dog user or his or her search and rescue dog is guilty of a misdemeanor punishable according to chapter 9A.20 RCW, except when (b)(ii) of this subsection applies.
(ii) A second or subsequent violation of (b)(i) of this subsection is a gross misdemeanor punishable according to chapter 9A.20 RCW.
(2)(a) Any person who, with reckless disregard, injures, disables, or causes the death of an on-duty search and rescue dog is guilty of a gross misdemeanor punishable according to chapter 9A.20 RCW.
(b) Any person who, with reckless disregard, allows his or her dog to injure, disable, or cause the death of an on-duty search and rescue dog is guilty of a gross misdemeanor punishable according to chapter 9A.20 RCW.
(3) Any person who intentionally injures, disables, or causes the death of an on-duty search and rescue dog is guilty of a class C felony.
(4) Any person who wrongfully obtains or exerts unauthorized control over an on-duty search and rescue dog with the intent to deprive the dog user of his or her search and rescue dog is guilty of theft in the first degree under RCW 9A.56.030.
(5)(a) In any case in which the defendant is convicted of a violation of this section, he or she shall also be ordered to make full restitution for all damages, including incidental and consequential expenses incurred by the search and rescue dog user and the dog that arise out of, or are related to, the criminal offense.
(b) Restitution for a conviction under this section shall include, but is not limited to:
(i) The value of the replacement of an incapacitated or deceased dog, the training of a replacement search and rescue dog, or retraining of the affected dog and all related veterinary and care expenses; and
(ii) Medical expenses of the search and rescue dog user, training of the dog user, and compensation for any wages or earned income lost by the search and rescue dog user as a result of a violation of subsection (1), (2), (3), or (4) of this section.
(6) Nothing in this section affects any civil remedies available for violation of this section.
(7) For purposes of this section, "search and rescue dog" means a dog that is trained for the purpose of search and rescue of persons lost or missing.
[ 2005 c 212 s 1.]

catchline: Interfering with search and rescue dog.


title: RCW 9.92.010

text:
Every person convicted of a felony for which no maximum punishment is specially prescribed by any statutory provision in force at the time of conviction and sentence, shall be punished by confinement or fine which shall not exceed confinement in a state correctional institution for a term of ten years, or by a fine in an amount fixed by the court of not more than twenty thousand dollars, or by both such confinement and fine and the offense shall be classified as a class B felony.
[ 1996 c 44 s 2; 1982 1st ex.s. c 47 s 5; 1909 c 249 s 13; RRS s 2265.]
Notes:
Severability—1982 1st ex.s. c 47: See note following RCW 9.41.190.
Classification of crimes: Chapter 9A.20 RCW.

catchline: Punishment of felony when not fixed by statute.


title: RCW 9.92.020

text:
Every person convicted of a gross misdemeanor for which no punishment is prescribed in any statute in force at the time of conviction and sentence, shall be punished by imprisonment in the county jail for a maximum term fixed by the court of up to three hundred sixty-four days, or by a fine in an amount fixed by the court of not more than five thousand dollars, or by both such imprisonment and fine.
[ 2011 c 96 s 10; 1982 1st ex.s. c 47 s 6; 1909 c 249 s 15; RRS s 2267.]
Notes:
Findings—Intent—2011 c 96: See note following RCW 9A.20.021.
Severability—1982 1st ex.s. c 47: See note following RCW 9.41.190.

catchline: Punishment of gross misdemeanor when not fixed by statute.


title: RCW 9.92.030

text:
Every person convicted of a misdemeanor for which no punishment is prescribed by any statute in force at the time of conviction and sentence, shall be punished by imprisonment in the county jail for a maximum term fixed by the court of not more than ninety days, or by a fine in an amount fixed by the court of not more than one thousand dollars or both such imprisonment and fine.
[ 1982 1st ex.s. c 47 s 7; 1909 c 249 s 14; Code 1881 s 785; RRS s 2266.]
Notes:
Severability—1982 1st ex.s. c 47: See note following RCW 9.41.190.

catchline: Punishment of misdemeanor when not fixed by statute.


title: RCW 9.92.040

text:
A criminal act which at the same time constitutes contempt of court, and has been punished as such, may also be punished as a crime, but in such case the punishment for contempt may be considered in mitigation.
[ 1909 c 249 s 21; RRS s 2273.]
Notes:
Contempt: Chapter 7.21 RCW.

catchline: Punishment for contempt.


title: RCW 9.92.060

text:
(1) Whenever any person is convicted of any crime except murder, burglary in the first degree, arson in the first degree, robbery, rape of a child, or rape, the superior court may, in its discretion, at the time of imposing sentence upon such person, direct that such sentence be stayed and suspended until otherwise ordered by the superior court, and, upon such terms as the superior court may determine, that the sentenced person be placed under the charge of:
(a) A community corrections officer employed by the department of corrections, if the person is subject to supervision under RCW 9.94A.501 or * 9.94A.5011; or
(b) A probation officer employed or contracted for by the county, if the county has elected to assume responsibility for the supervision of superior court misdemeanant probationers.
(2) As a condition to suspension of sentence, the superior court may require the convicted person to make such monetary payments, on such terms as the superior court deems appropriate under the circumstances, as are necessary: (a) To comply with any order of the court for the payment of family support; (b) to make restitution to any person or persons who may have suffered loss or damage by reason of the commission of the crime in question or when the offender pleads guilty to a lesser offense or fewer offenses and agrees with the prosecutor's recommendation that the offender be required to pay restitution to a victim of an offense or offenses which are not prosecuted pursuant to a plea agreement; (c) to pay any fine imposed and not suspended and the court or other costs incurred in the prosecution of the case, including reimbursement of the state for costs of extradition if return to this state by extradition was required; and (d) to contribute to a county or interlocal drug fund.
(3) At any time, including at sentencing, the court may determine that the offender is not required to pay, or may relieve the offender of the requirement to pay, full or partial restitution and accrued interest on restitution where the entity to whom restitution is owed is an insurer or a state agency, except for restitution owed to the department of labor and industries under chapter 7.68 RCW, if the court finds that the offender does not have the current or likely future ability to pay. A person does not have the current ability to pay if the person is indigent as defined in RCW 10.01.160(3). For the purposes of this subsection, the terms "insurer" and "state agency" have the same meanings as provided in RCW 9.94A.750(3).
(4) As a condition of the suspended sentence, the superior court may order the probationer to report to the secretary of corrections or such officer as the secretary may designate and as a condition of the probation to follow the instructions of the secretary. If the county legislative authority has elected to assume responsibility for the supervision of superior court misdemeanant probationers within its jurisdiction, the superior court misdemeanant probationer shall report to a probation officer employed or contracted for by the county. In cases where a superior court misdemeanant probationer is sentenced in one county, but resides within another county, there must be provisions for the probationer to report to the agency having supervision responsibility for the probationer's county of residence.
(5) If restitution to the victim has been ordered under subsection (2)(b) of this section and the superior court has ordered supervision, the officer supervising the probationer shall make a reasonable effort to ascertain whether restitution has been made as ordered. If the superior court has ordered supervision and restitution has not been made, the officer shall inform the prosecutor of that violation of the terms of the suspended sentence not less than three months prior to the termination of the suspended sentence.
[ 2023 c 449 s 7; 2022 c 260 s 6; 2011 1st sp.s. c 40 s 5; 2005 c 362 s 2; 1996 c 298 s 5; 1995 1st sp.s. c 19 s 30; 1987 c 202 s 142; 1982 1st ex.s. c 47 s 8; 1982 1st ex.s. c 8 s 4; 1979 c 29 s 1; 1967 c 200 s 7; 1957 c 227 s 1; 1949 c 76 s 1; 1921 c 69 s 1; 1909 c 249 s 28; 1905 c 24 s 1; Rem. Supp. 1949 s 2280.]
Notes:
*Reviser's note: RCW 9.94A.5011 expired August 1, 2014.
Effective date—2023 c 449: See note following RCW 13.40.058.
Construction—Effective date—2022 c 260: See notes following RCW 3.66.120.
Application—Recalculation of community custody terms—2011 1st sp.s. c 40: See note following RCW 9.94A.501.
Effective date—2011 1st sp.s. c 40 ss 1-9, 42: See note following RCW 9.94A.501.
Effective date—2005 c 362: See note following RCW 9.94A.501.
Findings—Purpose—Short title—Severability—Effective date—1995 1st sp.s. c 19: See notes following RCW 72.09.450.
Intent—1987 c 202: See note following RCW 2.04.190.
Applicability—1984 c 209: See RCW 9.92.900.
Severability—1982 1st ex.s. c 47: See note following RCW 9.41.190.
Intent—Reports—1982 1st ex.s. c 8: See note following RCW 7.68.035.
Severability—1967 c 200: See note following RCW 9.45.122.
Probation: RCW 9.95.200 through 9.95.250.
Probation and parole services, provision by counties: RCW 36.01.070.
Restitution
alternative to fine: RCW 9A.20.030.
condition of probation: RCW 9.95.210.
disposition when victim not found or dead: RCW 7.68.290.

catchline: Suspending sentences.


title: RCW 9.92.062

text:
In all cases prior to August 9, 1971, wherein the execution of sentence has been suspended pursuant to RCW 9.92.060, such person may apply to the court by which he or she was convicted and sentenced to establish a definite termination date for the suspended sentence. The court shall set a date no later than the time the original sentence would have elapsed and may provide for an earlier termination of the suspended sentence.
[ 2011 c 336 s 330; 1971 ex.s. c 188 s 1.]
Notes:
Applicability—1984 c 209: See RCW 9.92.900.


title: RCW 9.92.064

text:
In the case of a person granted a suspended sentence under the provisions of RCW 9.92.060, the court shall establish a definite termination date for the suspended sentence. The court shall set a date no later than the time the original sentence would have elapsed and may provide for an earlier termination of the suspended sentence. Prior to the entry of an order formally terminating a suspended sentence the court may modify the terms and conditions of the suspension or extend the period of the suspended sentence.
[ 1982 1st ex.s. c 47 s 9; 1971 ex.s. c 188 s 2.]
Notes:
Applicability—1984 c 209: See RCW 9.92.900.
Severability—1982 1st ex.s. c 47: See note following RCW 9.41.190.

catchline: Suspended sentence—Termination date, establishment—Modification of terms.


title: RCW 9.92.066

text:
(1) Upon termination of any suspended sentence under RCW 9.92.060 or 9.95.210, such person may apply to the court for restoration of his or her civil rights not already restored by RCW 29A.08.520. Thereupon the court may in its discretion enter an order directing that such defendant shall thereafter be released from all penalties and disabilities resulting from the offense or crime of which he or she has been convicted.
(2)(a) Upon termination of a suspended sentence under RCW 9.92.060 or 9.95.210, the person may apply to the sentencing court for a vacation of the person's record of conviction under RCW 9.94A.640. The court may, in its discretion, clear the record of conviction if it finds the person has met the equivalent of the tests in RCW 9.94A.640(2) as those tests would be applied to a person convicted of a crime committed before July 1, 1984.
(b) The clerk of the court in which the vacation order is entered shall immediately transmit the order vacating the conviction to the Washington state patrol identification section and to the local police agency, if any, which holds criminal history information for the person who is the subject of the conviction. The Washington state patrol and any such local police agency shall immediately update their records to reflect the vacation of the conviction, and shall transmit the order vacating the conviction to the federal bureau of investigation. A conviction that has been vacated under this section may not be disseminated or disclosed by the state patrol or local law enforcement agency to any person, except other criminal justice enforcement agencies.
[ 2009 c 325 s 2; 2003 c 66 s 2; 1971 ex.s. c 188 s 3.]
Notes:
Applicability—1984 c 209: See RCW 9.92.900.

catchline: Termination of suspended sentence—Restoration of civil rights—Vacation of conviction.


title: RCW 9.92.070

text:
Hereafter whenever any judge of any superior court or a district or municipal judge shall sentence any person to pay any fines, penalties, assessments, fees, and costs, the judge may, in the judge's discretion, provide that such fines, penalties, assessments, fees, and costs may be paid in certain designated installments, or within certain designated period or periods. If the court finds that the defendant is indigent as defined in RCW 10.01.160(3), the court shall allow for payment in certain designated installments or within certain designated periods. If such fines, penalties, assessments, fees, and costs shall be paid by the defendant in accordance with such order no commitment or imprisonment of the defendant shall be made for failure to pay such fine or costs. PROVIDED, that the provisions of this section shall not apply to any sentence given for the violation of any of the liquor laws of this state.
[ 2022 c 260 s 21; 2018 c 269 s 11; 1987 c 3 s 4; 1923 c 15 s 1; RRS s 2280-1.]
Notes:
Construction—Effective date—2022 c 260: See notes following RCW 3.66.120.
Construction—2018 c 269: See note following RCW 10.82.090.
Severability—1987 c 3: See note following RCW 3.70.010.
Applicability—1984 c 209: See RCW 9.92.900.
Collection and disposition of fines and costs: Chapter 10.82 RCW.
Payment of fine and costs in installments: RCW 10.01.170.

catchline: Payment of fine and costs in installments.


title: RCW 9.92.080

text:
(1) Whenever a person while under sentence of felony shall commit another felony and be sentenced to another term of imprisonment, such latter term shall not begin until the expiration of all prior terms: PROVIDED, That any person granted probation pursuant to the provisions of RCW 9.95.210 and/or 9.92.060 shall not be considered to be under sentence of a felony for the purposes of this subsection.
(2) Whenever a person is convicted of two or more offenses which arise from a single act or omission, the sentences imposed therefor shall run concurrently, unless the court, in pronouncing sentence, expressly orders the service of said sentences to be consecutive.
(3) In all other cases, whenever a person is convicted of two or more offenses arising from separate and distinct acts or omissions, and not otherwise governed by the provisions of subsections (1) and (2) of this section, the sentences imposed therefor shall run consecutively, unless the court, in pronouncing the second or other subsequent sentences, expressly orders concurrent service thereof.
(4) The sentencing court may require the secretary of corrections, or his or her designee, to provide information to the court concerning the existence of all prior judgments against the defendant, the terms of imprisonment imposed, and the status thereof.
[ 2011 c 336 s 331; 1981 c 136 s 35; 1971 ex.s. c 295 s 1; 1925 ex.s. c 109 s 2; 1909 c 249 s 33; RRS s 2285.]
Notes:
Applicability—1984 c 209: See RCW 9.92.900.
Effective date—1981 c 136: See RCW 72.09.900.

catchline: Sentence on two or more convictions or counts.


title: RCW 9.92.090

text:
Every person convicted in this state of any crime of which fraud or intent to defraud is an element, or of petit larceny, or of any felony, who shall previously have been convicted, whether in this state or elsewhere, of any crime which under the laws of this state would amount to a felony, or who shall previously have been twice convicted, whether in this state or elsewhere, of petit larceny, or of any misdemeanor or gross misdemeanor of which fraud or intent to defraud is an element, shall be adjudged to be an habitual criminal and shall be punished by imprisonment in a state correctional facility for not less than ten years.
Every person convicted in this state of any crime of which fraud or intent to defraud is an element, or of petit larceny, or of any felony, who shall previously have been twice convicted, whether in this state or elsewhere, of any crime which under the laws of this state would amount to a felony, or who shall previously have been four times convicted, whether in this state or elsewhere, of petit larceny, or of any misdemeanor or gross misdemeanor of which fraud or intent to defraud is an element, shall be punished by imprisonment in a state correctional facility for life.
[ 1992 c 7 s 18; 1909 c 249 s 34; 1903 c 86 ss 1, 2; RRS s 2286.]
Notes:
Applicability—1984 c 209: See RCW 9.92.900.

catchline: Habitual criminals.


title: RCW 9.92.110

text:
Every person sentenced to imprisonment in any penal institution shall be under the protection of the law, and any unauthorized injury to his or her person shall be punished in the same manner as if he or she were not so convicted or sentenced. A conviction of crime shall not work a forfeiture of any property, real or personal, or of any right or interest therein. All forfeitures in the nature of deodands, or in case of suicide or where a person flees from justice, are abolished.
[ 2011 c 336 s 332; 1909 c 249 s 36; RRS s 2288.]
Notes:
Inheritance rights of slayers or abusers: Chapter 11.84 RCW.


title: RCW 9.92.120

text:
The conviction of a public officer of any felony or malfeasance in office shall entail, in addition to such other penalty as may be imposed, the forfeiture of his or her office, and shall disqualify him or her from ever afterward holding any public office in this state.
[ 2011 c 336 s 333; 1909 c 249 s 37; RRS s 2289.]
Notes:
Forfeiture or impeachment, rights preserved: RCW 42.04.040.
Misconduct of public officers: Chapter 42.20 RCW.
Vacancy of public office, causes: RCW 42.12.010.

catchline: Conviction of public officer forfeits trust.


title: RCW 9.92.130

text:
When a person has been sentenced by any municipal or district judge in this state to a term of imprisonment in a city jail, whether in default of payment of a fine or otherwise, such person may be compelled on each day of such term, except Sundays, to perform eight hours' labor upon the streets, public buildings, and grounds of such city.
[ 1987 c 202 s 144; Code 1881 s 2075; RRS s 10189.]
Notes:
Intent—1987 c 202: See note following RCW 2.04.190.

catchline: City jail prisoners may be compelled to work.


title: RCW 9.92.140

text:
When a person has been sentenced by a district judge or a judge of the superior court to a term of imprisonment in the county jail, whether in default of payment of a fine, or costs or otherwise; such person may be compelled to work eight hours, each day of such term, in and about the county buildings, public roads, streets and grounds: PROVIDED, This section and RCW 9.92.130 shall not apply to persons committed in default of bail.
[ 1987 c 202 s 145; Code 1881 s 2076; 1867 p 56 s 24; 1858 p 10 s 1; RRS s 10190.]
Notes:
Intent—1987 c 202: See note following RCW 2.04.190.
Employment of prisoners: RCW 36.28.100.
Working out fine: Chapter 10.82 RCW.

catchline: County jail prisoners may be compelled to work.


title: RCW 9.92.151

text:
(1) Except as provided in subsection (2) of this section, the sentence of a prisoner confined in a county jail facility for a felony, gross misdemeanor, or misdemeanor conviction may be reduced by earned release credits in accordance with procedures that shall be developed and promulgated by the correctional agency having jurisdiction. The earned early release time shall be for good behavior and good performance as determined by the correctional agency having jurisdiction. Any program established pursuant to this section shall allow an offender to earn early release credits for presentence incarceration. The correctional agency shall not credit the offender with earned early release credits in advance of the offender actually earning the credits. In the case of an offender convicted of a serious violent offense or a sex offense that is a class A felony committed on or after July 1, 1990, the aggregate earned early release time may not exceed fifteen percent of the sentence. In no other case may the aggregate earned early release time exceed one-third of the total sentence.
(2) An offender serving a term of confinement imposed under RCW 9.94A.670(5)(a) is not eligible for earned release credits under this section.
(3) If an offender is transferred from a county jail to the department, the administrator of a county jail facility shall certify to the department the amount of time spent in custody at the facility and the number of days of early release credits lost or not earned.
[ 2013 2nd sp.s. c 14 s 3; 2009 c 28 s 3; 2004 c 176 s 5; 1990 c 3 s 201; 1989 c 248 s 1.]
Notes:
Application—Recalculation of earned release date—Compilation of sentencing information—Report—Effective date—2013 2nd sp.s. c 14: See notes following RCW 9.94A.517.
Effective date—2009 c 28: See note following RCW 2.24.040.
Severability—Effective date—2004 c 176: See notes following RCW 9.94A.515.
Application—1989 c 248: "This act applies only to sentences imposed for crimes committed on or after July 1, 1989." [ 1989 c 248 s 5.]

catchline: Early release for good behavior.


title: RCW 9.92.200

text:
No provision of this chapter shall authorize a court to suspend or defer the imposition or the execution of a disposition under chapter 13.40 RCW, as now law or hereafter amended.
[ 1981 c 299 s 21.]

catchline: Chapter not to affect dispositions under juvenile justice act.


title: RCW 9.92.900

text:
The following sections of law do not apply to any felony offense committed on or after July 1, 1984: RCW * 9.92.050, 9.92.060, 9.92.062, 9.92.064, 9.92.066, 9.92.070, 9.92.080, and 9.92.090.
[ 1984 c 209 s 2; 1981 c 137 s 31.]
Notes:
*Reviser's note: RCW 9.92.050 was repealed by 1992 c 7 s 64.
Effective dates—1984 c 209: See note following RCW 9.94A.030.

catchline: RCW * 9.92.050 through 9.92.090 inapplicable to felonies committed on or after July 1, 1984.


title: RCW 9.94.010

text:
(1) Whenever two or more inmates of a correctional institution assemble for any purpose, and act in such a manner as to disturb the good order of the institution and contrary to the commands of the officers of the institution, by the use of force or violence, or the threat thereof, and whether acting in concert or not, they shall be guilty of prison riot.
(2) Every inmate of a correctional institution who is guilty of prison riot or of voluntarily participating therein by being present at, or by instigating, aiding, or abetting the same, is guilty of a class B felony and shall be punished by imprisonment in a state correctional institution for not less than one year nor more than ten years, which shall be in addition to the sentence being served.
[ 2003 c 53 s 53; 1995 c 314 s 1; 1955 c 241 s 1.]
Notes:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.

catchline: Prison riot—Penalty.


title: RCW 9.94.030

text:
Whenever any inmate of a correctional institution shall hold, or participate in holding, any person as a hostage, by force or violence, or the threat thereof, or shall prevent, or participate in preventing an officer of such institution from carrying out his or her duties, by force or violence, or the threat thereof, he or she shall be guilty of a class B felony and upon conviction shall be punished by imprisonment in a state correctional institution for not less than one year nor more than ten years.
[ 2003 c 53 s 54; 1995 c 314 s 3; 1992 c 7 s 20; 1957 c 112 s 1; 1955 c 241 s 3.]
Notes:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
Interfering with public officer: Chapter 9A.76 RCW.
Kidnapping: Chapter 9A.40 RCW.

catchline: Holding person hostage—Interference with officer's duties.


title: RCW 9.94.040

text:
(1) Every person serving a sentence in any state correctional institution who, without legal authorization, while in the institution or while being conveyed to or from the institution, or while under the custody or supervision of institution officials, officers, or employees, or while on any premises subject to the control of the institution, knowingly possesses or carries upon his or her person or has under his or her control any weapon, firearm, or any instrument which, if used, could produce serious bodily injury to the person of another, is guilty of a class B felony.
(2) Every person confined in a county or local correctional institution who, without legal authorization, while in the institution or while being conveyed to or from the institution, or while under the custody or supervision of institution officials, officers, or employees, or while on any premises subject to the control of the institution, knowingly possesses or has under his or her control any weapon, firearm, or any instrument that, if used, could produce serious bodily injury to the person of another, is guilty of a class C felony.
(3) The sentence imposed under this section shall be in addition to any sentence being served.
[ 2005 c 361 s 1; 1995 c 314 s 4; 1979 c 121 s 1; 1977 ex.s. c 43 s 1; 1975-'76 2nd ex.s. c 38 s 18. Prior: 1955 c 241 s 4.]
Notes:
Severability—1979 c 121: "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." [ 1979 c 121 s 8.]
Effective date—Severability—1975-'76 2nd ex.s. c 38: See notes following RCW 9A.08.020.

catchline: Weapons—Possession, etc., by prisoner prohibited—Penalty.


title: RCW 9.94.041

text:
(1) Every person serving a sentence in any state correctional institution who, without legal authorization, while in the institution or while being conveyed to or from the institution, or while under the custody or supervision of institution officials, officers, or employees, or while on any premises subject to the control of the institution, knowingly possesses or carries upon his or her person or has under his or her control any narcotic drug or controlled substance, as defined in chapter 69.50 RCW, alcohol, cannabis, or other intoxicant, or a cell phone or other form of an electronic telecommunications device, is guilty of a class C felony.
(2) Every person confined in a county or local correctional institution who, without legal authorization, while in the institution or while being conveyed to or from the institution, or while under the custody or supervision of institution officials, officers, or employees, or while on any premises subject to the control of the institution, knowingly possesses or has under his or her control any narcotic drug or controlled substance, as defined in chapter 69.50 RCW, alcohol, cannabis, or other intoxicant, or a cell phone or other form of an electronic telecommunications device, is guilty of a class C felony.
(3) The sentence imposed under this section shall be in addition to any sentence being served.
(4) For the purposes of this section, "cannabis" has the meaning provided in RCW 69.50.101.
[ 2022 c 16 s 3; 2016 c 199 s 1; 1995 c 314 s 5; 1979 c 121 s 2.]
Notes:
Intent—Finding—2022 c 16: See note following RCW 69.50.101.

catchline: Narcotic drugs, controlled substances, alcohol, cannabis, other intoxicant, cell phone, or other form of electronic telecommunications device—Possession, etc., by prisoners—Penalty.


title: RCW 9.94.043

text:
A person, other than a person serving a sentence in a penal institution of this state, is guilty of possession of contraband on the premises of a state correctional institution in the first degree if, without authorization to do so, the person knowingly possesses or has under his or her control a deadly weapon on or in the buildings or adjacent grounds subject to the care, control, or supervision of a state correctional institution. Deadly weapon is used as defined in RCW 9A.04.110: PROVIDED, That such correctional buildings, grounds, or property are properly posted pursuant to RCW 9.94.047, and such person has knowingly entered thereon: PROVIDED FURTHER, That the provisions of this section do not apply to a person licensed pursuant to RCW 9.41.070 who, upon entering the correctional institution premises, proceeds directly along an access road to the administration building and promptly checks his or her firearm(s) with the appropriate authorities. The person may reclaim his or her firearm(s) upon leaving, but he or she must immediately and directly depart from the premises.
Possession of contraband on the premises of a state correctional institution in the first degree is a class B felony.
[ 1979 c 121 s 3.]

catchline: Deadly weapons—Possession on premises by person not a prisoner—Penalty.


title: RCW 9.94.045

text:
A person, other than a person serving a sentence in a penal institution of this state, is guilty of possession of contraband on the premises of a state correctional institution in the second degree if, without authorization to do so, the person knowingly possesses or has under his or her control any narcotic drug or controlled substance, as defined in chapter 69.50 RCW, on or in the buildings, grounds, or any other real property subject to the care, control, or supervision of a state correctional institution.
Possession of contraband on the premises of a state correctional institution in the second degree is a class C felony.
[ 1979 c 121 s 4.]

catchline: Narcotic drugs or controlled substances—Possession by person not a prisoner—Penalty.


title: RCW 9.94.047

text:
The perimeter of the premises of correctional institutions covered by RCW 9.94.040 through 9.94.049 shall be posted at reasonable intervals to alert the public as to the existence of RCW 9.94.040 through 9.94.049.
[ 1979 c 121 s 5.]

catchline: Posting of perimeter of premises of institutions covered by RCW 9.94.040 through 9.94.049.


title: RCW 9.94.049

text:
(1)(a) For the purposes of this chapter, except for RCW 9.94.010, the term "correctional institution" means any place designated by law for the keeping of persons held in custody under process of law, or under lawful arrest, including state prisons, county and local jails, juvenile detention centers, and other facilities operated by the department of corrections, department of children, youth, and families, or local governmental units primarily for the purposes of punishment, correction, or rehabilitation following conviction or adjudication of a criminal offense.
(b) For the purposes of RCW 9.94.010, the term "correctional institution" means any place designated by law primarily for the keeping of persons age 18 or older held in custody under process of law, or under lawful arrest, including state prisons, county and local adult jails, and other facilities operated by the department of corrections, or local governmental units primarily for the purposes of punishment, correction, or rehabilitation following conviction or adjudication of a criminal offense. For the purposes of RCW 9.94.010, the term "correctional institution" does not include facilities operated by the department of children, youth, and families or county juvenile detention facilities.
(2) For the purposes of RCW 9.94.043 and 9.94.045, "state correctional institution" means all state correctional facilities under the supervision of the secretary of the department of corrections used solely for the purpose of confinement of convicted felons.
[ 2025 c 169 s 1; 2021 c 243 s 5; 1995 c 314 s 6; 1992 c 7 s 21; 1985 c 350 s 3; 1979 c 121 s 6.]
Notes:
Retroactive application—2025 c 169 s 1: "Section 1 of this act applies retroactively to all prison riot convictions or adjudications and prison riot offenses that have been charged within five years before April 25, 2025." [ 2025 c 169 s 6.]
Effective date—2025 c 169: See note following RCW 9.94A.640.
Findings—2021 c 243: See note following RCW 74.09.670.

catchline: "Correctional institution" and "state correctional institution" defined.


title: RCW 9.94.050

text:
Any correctional employee, while acting in the supervision and transportation of prisoners, and in the apprehension of prisoners who have escaped, shall have the powers and duties of a peace officer.
[ 1992 c 7 s 22; 1955 c 241 s 5.]

catchline: Correctional employees.


title: RCW 9.94.070

text:
(1) An inmate of a state correctional institution who is serving a sentence for an offense committed on or after August 1, 1995, commits the crime of persistent prison misbehavior if the inmate knowingly commits a serious infraction, that does not constitute a class A or class B felony, after losing all potential earned early release time credit.
(2) "Serious infraction" means misconduct that has been designated as a serious infraction by department of corrections rules adopted under RCW 72.09.130.
(3) "State correctional institution" has the same meaning as in RCW 9.94.049.
(4) The crime of persistent prison misbehavior is a class C felony punishable as provided in RCW 9A.20.021. The sentence imposed for this crime must be served consecutive to any sentence being served at the time the crime is committed.
[ 1995 c 385 s 1.]

catchline: Persistent prison misbehavior.


title: RCW 9.94A.010

text:
The purpose of this chapter is to make the criminal justice system accountable to the public by developing a system for the sentencing of felony offenders which structures, but does not eliminate, discretionary decisions affecting sentences, and to:
(1) Ensure that the punishment for a criminal offense is proportionate to the seriousness of the offense and the offender's criminal history;
(2) Promote respect for the law by providing punishment which is just;
(3) Be commensurate with the punishment imposed on others committing similar offenses;
(4) Protect the public;
(5) Offer the offender an opportunity to improve himself or herself;
(6) Make frugal use of the state's and local governments' resources; and
(7) Reduce the risk of reoffending by offenders in the community.
[ 2011 c 336 s 334; 1999 c 196 s 1; 1981 c 137 s 1.]
Notes:
Severability—1999 c 196: "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." [ 1999 c 196 s 20.]
Construction—Short title—1999 c 196: See RCW 72.09.904 and 72.09.905.
Report on Sentencing Reform Act of 1981: "The legislative budget committee shall prepare a report to be filed at the beginning of the 1987 session of the legislature. The report shall include a complete assessment of the impact of the Sentencing Reform Act of 1981. Such report shall include the effectiveness of the guidelines and impact on prison and jail populations and community correction programs." [ 1983 c 163 s 6.]

catchline: Purpose.


title: RCW 9.94A.015

text:
The sentencing reform act has been amended many times since its enactment in 1981. While each amendment promoted a valid public purpose, some sections of the act have become unduly lengthy and repetitive. The legislature finds that it is appropriate to adopt clarifying amendments to make the act easier to use and understand.
The legislature does not intend chapter 28, Laws of 2000 to make, and no provision of chapter 28, Laws of 2000 shall be construed as making, a substantive change in the sentencing reform act.
The legislature does intend to clarify that persistent offenders are not eligible for extraordinary medical placement.
[ 2000 c 28 s 1.]
Notes:
Technical correction bill—2000 c 28: "If any amendments to RCW 9.94A.120, or any sections enacted or affected by chapter 28, Laws of 2000, are enacted in a 2000 legislative session that do not take cognizance of chapter 28, Laws of 2000, the code reviser shall prepare a bill for introduction in the 2001 legislative session that incorporates any such amendments into the reorganization adopted by chapter 28, Laws of 2000 and corrects any incorrect cross-references." [ 2000 c 28 s 45.]

catchline: Finding—Intent—2000 c 28.


title: RCW 9.94A.020

text:
This chapter may be known and cited as the sentencing reform act of 1981.
[ 1981 c 137 s 2.]

catchline: Short title.