title: RCW 9A.56.096

text:
(1) A person who, with intent to deprive the owner or owner's agent, wrongfully obtains, or exerts unauthorized control over, or by color or aid of deception gains control of personal property that is rented, leased, or loaned by written agreement to the person, is guilty of theft of rental, leased, lease-purchased, or loaned property.
(2) The finder of fact may presume intent to deprive if the finder of fact finds either of the following:
(a) That the person who rented or leased the property failed to return or make arrangements acceptable to the owner of the property or the owner's agent to return the property to the owner or the owner's agent within seventy-two hours after receipt of proper notice following the due date of the rental, lease, lease-purchase, or loan agreement; or
(b) That the renter, lessee, or borrower presented identification to the owner or the owner's agent that was materially false, fictitious, or not current with respect to name, address, place of employment, or other appropriate items.
(3) As used in subsection (2) of this section, "proper notice" consists of a written demand by the owner or the owner's agent made after the due date of the rental, lease, lease-purchase, or loan period, mailed by certified or registered mail to the renter, lessee, or borrower at: (a) The address the renter, lessee, or borrower gave when the contract was made; or (b) the renter, lessee, or borrower's last known address if later furnished in writing by the renter, lessee, borrower, or the agent of the renter, lessee, or borrower.
(4) The replacement value of the property obtained must be utilized in determining the amount involved in the theft of rental, leased, lease-purchased, or loaned property.
(5)(a) Theft of rental, leased, lease-purchased, or loaned property is a class B felony if the rental, leased, lease-purchased, or loaned property is valued at five thousand dollars or more.
(b) Theft of rental, leased, lease-purchased, or loaned property is a class C felony if the rental, leased, lease-purchased, or loaned property is valued at seven hundred fifty dollars or more but less than five thousand dollars.
(c) Theft of rental, leased, lease-purchased, or loaned property is a gross misdemeanor if the rental, leased, lease-purchased, or loaned property is valued at less than seven hundred fifty dollars.
(6) The crime of theft of rental, leased, lease-purchased, or loaned property may be deemed to have been committed either at the physical location where the written agreement for the rental, lease, lease-purchase, or loan of the property was executed under subsection (1) of this section, or at the address where proper notice may be mailed to the renter, lessee, or borrower under subsection (3) of this section.
(7) This section applies to rental agreements that provide that the renter may return the property any time within the rental period and pay only for the time the renter actually retained the property, in addition to any minimum rental fee, to lease agreements, to lease-purchase agreements as defined under RCW 63.19.010, and to vehicles loaned to prospective purchasers borrowing a vehicle by written agreement from a motor vehicle dealer licensed under chapter 46.70 RCW. This section does not apply to rental or leasing of real property under the residential landlord-tenant act, chapter 59.18 RCW.
[ 2012 c 30 s 1; 2009 c 431 s 11; 2007 c 199 s 17; 2003 c 53 s 77; 1997 c 346 s 1.]
Notes:
Applicability—2009 c 431: See note following RCW 4.24.230.
Findings—Intent—Short title—2007 c 199: See notes following RCW 9A.56.065.
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
Property crime database, liability: RCW 4.24.340.

catchline: Theft of rental, leased, lease-purchased, or loaned property.


doc_type: statute

jurisdiction: wa

title: RCW 9A.56.100

text:
All offenses defined as larcenies outside of this title shall be treated as thefts as provided in this title.
[ 1975 1st ex.s. c 260 s 9A.56.100.]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Theft and larceny equated.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 9A.56.110

text:
"Extortion" means knowingly to obtain or attempt to obtain by threat property or services of the owner, and specifically includes sexual favors.
[ 1999 c 143 s 37; 1983 1st ex.s. c 4 s 2; 1975-'76 2nd ex.s. c 38 s 10. Prior: 1975 1st ex.s. c 260 s 9A.56.110.]
Notes:
Severability—1983 1st ex.s. c 4: See note following RCW 9A.48.070.
Effective date—Severability—1975-'76 2nd ex.s. c 38: See notes following RCW 9A.08.020.

catchline: Extortion—Definition.


title: RCW 9A.56.120

text:
(1) A person is guilty of extortion in the first degree if he or she commits extortion by means of a threat as defined in RCW 9A.04.110(28) (a), (b), or (c).
(2) Extortion in the first degree is a class B felony.
[ 2025 c 58 s 2005; 2011 c 336 s 377; 1975 1st ex.s. c 260 s 9A.56.120.]
Notes:
Explanatory note—2025 c 58: See note following RCW 1.16.050.

catchline: Extortion in the first degree.


title: RCW 9A.56.130

text:
(1) A person is guilty of extortion in the second degree if he or she commits extortion by means of a wrongful threat as defined in RCW 9A.04.110(28) (d) through (j).
(2) In any prosecution under this section based on a threat to accuse any person of a crime or cause criminal charges to be instituted against any person, it is a defense that the actor reasonably believed the threatened criminal charge to be true and that his or her sole purpose was to compel or induce the person threatened to take reasonable action to make good the wrong which was the subject of such threatened criminal charge.
(3) Extortion in the second degree is a class C felony.
[ 2018 c 22 s 5; 2002 c 47 s 2; 1975 1st ex.s. c 260 s 9A.56.130.]
Notes:
Explanatory statement—2018 c 22: See note following RCW 1.20.051.
Intent—2002 c 47: "The legislature intends to revise the crime of extortion in the second degree in response to the holding in State v. Pauling, 108 Wn. App. 445 (2001), by adding a requirement that the threat required for conviction of the offense be wrongful." [ 2002 c 47 s 1.]

catchline: Extortion in the second degree.


title: RCW 9A.56.140

text:
(1) "Possessing stolen property" means knowingly to receive, retain, possess, conceal, or dispose of stolen property knowing that it has been stolen and to withhold or appropriate the same to the use of any person other than the true owner or person entitled thereto.
(2) The fact that the person who stole the property has not been convicted, apprehended, or identified is not a defense to a charge of possessing stolen property.
(3) When a person has in his or her possession, or under his or her control, stolen access devices issued in the names of two or more persons, or ten or more stolen merchandise pallets, or ten or more stolen beverage crates, or a combination of ten or more stolen merchandise pallets and beverage crates, as defined under RCW 9A.56.010, he or she is presumed to know that they are stolen.
(4) The presumption in subsection (3) of this section is rebuttable by evidence raising a reasonable inference that the possession of such stolen access devices, merchandise pallets, or beverage crates was without knowledge that they were stolen.
(5) In any prosecution for possessing stolen property, it is a sufficient defense that the property was merchandise pallets that were received by a pallet recycler or repairer in the ordinary course of its business.
[ 2004 c 122 s 2; 1998 c 236 s 3; 1987 c 140 s 3; 1975 1st ex.s. c 260 s 9A.56.140.]


title: RCW 9A.56.150

text:
(1) A person is guilty of possessing stolen property in the first degree if he or she possesses stolen property, other than a firearm as defined in RCW 9.41.010 or a motor vehicle, which:
(a) Exceeds five thousand dollars in value; or
(b) Was property or equipment used by firefighters or emergency medical service providers that is critical to their work in an emergency setting and taken from a fire station, fire department vehicle, or emergency medical services building, facility, structure, or vehicle; and
(i) The loss of the property or equipment significantly hindered or delayed the firefighter's or emergency medical service provider's ability to respond to an ongoing emergency; or
(ii) The property or equipment exceeds $1,000 in value.
(2) Possessing stolen property in the first degree is a class B felony.
[ 2025 c 286 s 1; 2009 c 431 s 12; 2007 c 199 s 6; 1995 c 129 s 14 (Initiative Measure No. 159); 1975 1st ex.s. c 260 s 9A.56.150.]
Notes:
Applicability—2009 c 431: See note following RCW 4.24.230.
Findings—Intent—Short title—2007 c 199: See notes following RCW 9A.56.065.
Findings and intent—Short title—Severability—Captions not law—1995 c 129: See notes following RCW 9.94A.510.
Property crime database, liability: RCW 4.24.340.

catchline: Possessing stolen property in the first degree—Other than firearm or motor vehicle.


title: RCW 9A.56.160

text:
(1) A person is guilty of possessing stolen property in the second degree if:
(a) He or she possesses stolen property, other than a firearm as defined in RCW 9.41.010 or a motor vehicle, which exceeds seven hundred fifty dollars in value but does not exceed five thousand dollars in value; or
(b) He or she possesses a stolen public record, writing or instrument kept, filed, or deposited according to law; or
(c) He or she possesses a stolen access device.
(2) Possessing stolen property in the second degree is a class C felony.
[ 2009 c 431 s 13; 2007 c 199 s 7; 1995 c 129 s 15 (Initiative Measure No. 159); 1994 sp.s. c 7 s 434; 1987 c 140 s 4; 1975 1st ex.s. c 260 s 9A.56.160.]
Notes:
Applicability—2009 c 431: See note following RCW 4.24.230.
Findings—Intent—Short title—2007 c 199: See notes following RCW 9A.56.065.
Findings and intent—Short title—Severability—Captions not law—1995 c 129: See notes following RCW 9.94A.510.
Finding—Intent—Severability—1994 sp.s. c 7: See notes following RCW 43.70.540.
Effective date—1994 sp.s. c 7 ss 401-410, 413-416, 418-437, and 439-460: See note following RCW 9.41.010.
Property crime database, liability: RCW 4.24.340.

catchline: Possessing stolen property in the second degree—Other than firearm or motor vehicle.


title: RCW 9A.56.170

text:
(1) A person is guilty of possessing stolen property in the third degree if he or she possesses (a) stolen property which does not exceed seven hundred fifty dollars in value, or (b) ten or more stolen merchandise pallets, or ten or more stolen beverage crates, or a combination of ten or more stolen merchandise pallets and beverage crates.
(2) Possessing stolen property in the third degree is a gross misdemeanor.
[ 2009 c 431 s 14; 1998 c 236 s 2; 1975 1st ex.s. c 260 s 9A.56.170.]
Notes:
Applicability—2009 c 431: See note following RCW 4.24.230.
Property crime database, liability: RCW 4.24.340.

catchline: Possessing stolen property in the third degree.


title: RCW 9A.56.180

text:
(1) A person is guilty of obscuring the identity of a machine if he or she knowingly:
(a) Obscures the manufacturer's serial number or any other distinguishing identification number or mark upon any vehicle, machine, engine, apparatus, appliance, or other device with intent to render it unidentifiable; or
(b) Possesses a vehicle, machine, engine, apparatus, appliance, or other device held for sale knowing that the serial number or other identification number or mark has been obscured.
(2) "Obscure" means to remove, deface, cover, alter, destroy, or otherwise render unidentifiable.
(3) Obscuring the identity of a machine is a gross misdemeanor.
[ 2011 c 336 s 378; 1975-'76 2nd ex.s. c 38 s 11; 1975 1st ex.s. c 260 s 9A.56.180.]
Notes:
Effective date—Severability—1975-'76 2nd ex.s. c 38: See notes following RCW 9A.08.020.

catchline: Obscuring the identity of a machine.


title: RCW 9A.56.190

text:
A person commits robbery when he or she unlawfully takes personal property from the person of another or in his or her presence against his or her will by the use or threatened use of immediate force, violence, or fear of injury to that person or his or her property or the person or property of anyone. Such force or fear must be used to obtain or retain possession of the property, or to prevent or overcome resistance to the taking; in either of which cases the degree of force is immaterial. Such taking constitutes robbery whenever it appears that, although the taking was fully completed without the knowledge of the person from whom taken, such knowledge was prevented by the use of force or fear.
[ 2011 c 336 s 379; 1975 1st ex.s. c 260 s 9A.56.190.]

catchline: Robbery—Definition.


title: RCW 9A.56.200

text:
(1) A person is guilty of robbery in the first degree if:
(a) In the commission of a robbery or of immediate flight therefrom, he or she:
(i) Is armed with a deadly weapon; or
(ii) Displays what appears to be a firearm or other deadly weapon; or
(iii) Inflicts bodily injury; or
(b) He or she commits a robbery within and against a financial institution as defined in RCW 7.88.010 or 35.38.060.
(2) Robbery in the first degree is a class A felony.
[ 2002 c 85 s 1; 1975 1st ex.s. c 260 s 9A.56.200.]

catchline: Robbery in the first degree.


title: RCW 9A.56.210

text:
(1) A person is guilty of robbery in the second degree if he or she commits robbery.
(2) Robbery in the second degree is a class B felony.
[ 2011 c 336 s 380; 1975 1st ex.s. c 260 s 9A.56.210.]

catchline: Robbery in the second degree.


title: RCW 9A.56.220

text:
(1) A person is guilty of theft of subscription television services if, with intent to avoid payment of the lawful charge of a subscription television service, he or she:
(a) Obtains or attempts to obtain subscription television service from a subscription television service company by trick, artifice, deception, use of a device or decoder, or other fraudulent means without authority from the company providing the service;
(b) Assists or instructs a person in obtaining or attempting to obtain subscription television service without authority of the company providing the service;
(c) Makes or maintains a connection or connections, whether physical, electrical, mechanical, acoustical, or by other means, with cables, wires, components, or other devices used for the distribution of subscription television services without authority from the company providing the services;
(d) Makes or maintains a modification or alteration to a device installed with the authorization of a subscription television service company for the purpose of interception or receiving a program or other service carried by the company that the person is not authorized by the company to receive; or
(e) Possesses without authority a device designed in whole or in part to receive subscription television services offered for sale by the subscription television service company, regardless of whether the program or services are encoded, filtered, scrambled, or otherwise made unintelligible, or to perform or facilitate the performance of any other acts set out in (a) through (d) of this subsection for the reception of subscription television services without authority.
(2) Theft of subscription television services is a gross misdemeanor.
[ 1995 c 92 s 2; 1989 c 11 s 1; 1985 c 430 s 1.]
Notes:
Severability—1989 c 11: "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." [ 1989 c 11 s 33.]
Severability—1985 c 430: "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." [ 1985 c 430 s 7.]

catchline: Theft of subscription television services.


title: RCW 9A.56.230

text:
(1) A person is guilty of unlawful sale of subscription television services if, with intent to avoid payment or to facilitate the avoidance of payment of the lawful charge for any subscription television service, he or she, without authorization from the subscription television service company:
(a) Publishes or advertises for sale a plan for a device that is designed in whole or in part to receive subscription television or services offered for sale by the subscription television service company, regardless of whether the programming or services are encoded, filtered, scrambled, or otherwise made unintelligible;
(b) Advertises for sale or lease a device or kit for a device designed in whole or in part to receive subscription television services offered for sale by the subscription television service company, regardless of whether the programming or services are encoded, filtered, scrambled, or otherwise made unintelligible; or
(c) Manufactures, imports into the state of Washington, distributes, sells, leases, or offers for sale or lease a device, plan, or kit for a device designed in whole or in part to receive subscription television services offered for sale by the subscription television service company, regardless of whether the programming or services are encoded, filtered, scrambled, or otherwise made unintelligible.
(2) Unlawful sale of subscription television services is a class C felony.
[ 1995 c 92 s 3; 1985 c 430 s 2.]
Notes:
Severability—1985 c 430: See note following RCW 9A.56.220.

catchline: Unlawful sale of subscription television services.


title: RCW 9A.56.240

text:
Upon conviction of theft or unlawful sale of cable television services and upon motion and hearing, the court shall order the forfeiture of any decoder, descrambler, or other device used in committing the violation of RCW 9A.56.220 or 9A.56.230 as contraband and dispose of it at the court's discretion.
[ 1985 c 430 s 3.]
Notes:
Severability—1985 c 430: See note following RCW 9A.56.220.

catchline: Forfeiture and disposal of device used to commit violation.


title: RCW 9A.56.250

text:
(1) In addition to the criminal penalties provided in RCW 9A.56.220 and 9A.56.230, there is created a civil cause of action for theft of subscription television services and for unlawful sale of subscription television services.
(2) A person who sustains injury to his or her person, business, or property by an act described in RCW 9A.56.220 or 9A.56.230 may file an action in superior court for recovery of damages and the costs of the suit, including reasonable investigative and attorneys' fees and costs.
(3) Upon finding a violation of RCW 9A.56.220 or 9A.56.230, in addition to the remedies described in this section, the court may impose a civil penalty not exceeding twenty-five thousand dollars.
(4) The superior court may grant temporary and final injunctions on such terms as it deems reasonable to prevent or restrain violations of RCW 9A.56.220 and 9A.56.230.
[ 1995 c 92 s 4; 1985 c 430 s 4.]
Notes:
Severability—1985 c 430: See note following RCW 9A.56.220.

catchline: Civil cause of action.


title: RCW 9A.56.260

text:
No person may be charged with theft under RCW 9A.56.220 or subject to a civil cause of action under RCW 9A.56.250 for connecting a nondecoding or nondescrambling channel frequency converter, which includes cable-ready television sets, video recorders, or similar equipment, to a cable system.
[ 1985 c 430 s 5.]
Notes:
Severability—1985 c 430: See note following RCW 9A.56.220.

catchline: Connection of channel converter.


title: RCW 9A.56.262

text:
(1) A person is guilty of theft of telecommunication services if he or she knowingly and with intent to avoid payment:
(a) Uses a telecommunication device to obtain telecommunication services without having entered into a prior agreement with a telecommunication service provider to pay for the telecommunication services; or
(b) Possesses a telecommunication device.
(2) Theft of telecommunication services is a class C felony.
[ 1995 c 92 s 6.]
Notes:
Telecommunications crime: Chapter 9.26A RCW.

catchline: Theft of telecommunication services.


title: RCW 9A.56.264

text:
(1) A person is guilty of unlawful manufacture of a telecommunication device if he or she knowingly and with intent to avoid payment or to facilitate avoidance of payment:
(a) Manufactures, produces, or assembles a telecommunication device;
(b) Modifies, alters, programs, or reprograms a telecommunication device to be capable of acquiring or of facilitating the acquisition of telecommunication service without the consent of the telecommunication service provider; or
(c) Writes, creates, or modifies a computer program that he or she knows is thereby capable of being used to manufacture a telecommunication device.
(2) Unlawful manufacture of a telecommunication device is a class C felony.
[ 1995 c 92 s 7.]
Notes:
Telecommunications crime: Chapter 9.26A RCW.

catchline: Unlawful manufacture of telecommunication device.


title: RCW 9A.56.266

text:
(1) A person is guilty of unlawful sale of a telecommunication device if he or she sells, leases, exchanges, or offers to sell, lease, or exchange:
(a) A telecommunication device, knowing that the purchaser, lessee, or recipient, or a third person, intends to use the device to avoid payment or to facilitate avoidance of payment for telecommunication services; or
(b) Any material, including data, computer software, or other information and equipment, knowing that the purchaser, lessee, or recipient, or a third person, intends to use the material to avoid payment or to facilitate avoidance of payment for telecommunication services.
(2) Unlawful sale of a telecommunication device is a class C felony.
[ 1995 c 92 s 8.]
Notes:
Telecommunications crime: Chapter 9.26A RCW.

catchline: Unlawful sale of telecommunication device.


title: RCW 9A.56.268

text:
(1) In addition to the criminal penalties provided in RCW 9A.56.262 through 9A.56.266, there is created a civil cause of action for theft of telecommunication services, for unlawful manufacture of a telecommunication device, and for unlawful sale of a telecommunication device.
(2) A person who sustains injury to his or her person, business, or property by an act described in RCW 9A.56.262, 9A.56.264, or 9A.56.266 may file an action in superior court for recovery of damages and the costs of the suit, including reasonable investigative and attorneys' fees and costs.
(3) Upon finding a violation of 9A.56.262, 9A.56.264, or 9A.56.266, in addition to the remedies described in this section, the court may impose a civil penalty not exceeding twenty-five thousand dollars.
(4) The superior court may grant temporary and final injunctions on such terms as it deems reasonable to prevent or restrain violations of RCW 9A.56.262 through 9A.56.266.
[ 1995 c 92 s 9.]
Notes:
Telecommunications crime: Chapter 9.26A RCW.


title: RCW 9A.56.270

text:
(1) It is unlawful to do any of the following acts, if a shopping cart has a permanently affixed sign as provided in subsection (2) of this section:
(a) To remove a shopping cart from the parking area of a retail establishment with the intent to deprive the owner of the shopping cart the use of the cart; or
(b) To be in possession of any shopping cart that has been removed from the parking area of a retail establishment with the intent to deprive the owner of the shopping cart the use of the cart.
(2) This section shall apply only when a shopping cart: (a) Has a sign permanently affixed to it that identifies the owner of the cart or the retailer, or both; (b) notifies the public of the procedure to be utilized for authorized removal of the cart from the premises; (c) notifies the public that the unauthorized removal of the cart from the premises or parking area of the retail establishment, or the unauthorized possession of the cart, is unlawful; and (d) lists a telephone number or address for returning carts removed from the premises or parking area to the owner or retailer.
(3) Any person who violates any provision of this section is guilty of a misdemeanor.
[ 1985 c 382 s 2.]
Notes:
Severability—1985 c 382: See note following RCW 9A.56.010.

catchline: Shopping cart theft.


title: RCW 9A.56.280

text:
As used in RCW 9A.56.280, 9A.56.290, 9A.60.020, 9A.56.320, and 9A.56.330, unless the context requires otherwise:
(1) "Cardholder" means a person to whom a credit card or payment card is issued or a person who otherwise is authorized to use a credit card or payment card.
(2) "Check" means a negotiable instrument that meets the definition of "check" under RCW 62A.3-104 or a blank form instrument that would meet the definition of "check" under RCW 62A.3-104 if it were completed and signed.
(3) "Credit card" means a card, plate, booklet, credit card number, credit card account number, or other identifying symbol, instrument, or device that can be used to pay for, or to obtain on credit, goods or services.
(4) "Credit card or payment card transaction" means a sale or other transaction in which a credit card or payment card is used to pay for, or to obtain on credit, goods or services.
(5) "Credit card or payment card transaction record" means a record or evidence of a credit card or payment card transaction, including, without limitation, a paper, sales draft, instrument, or other writing and an electronic or magnetic transmission or record.
(6) "Debit card" means a card used to obtain goods or services by a transaction that debits the cardholder's account, rather than extending credit.
(7) "Financial information" means financial information as defined in RCW 9.35.005.
(8) "Financial institution" means a bank, trust company, mutual savings bank, savings and loan association, or credit union authorized under state or federal law to do business and accept deposits in Washington.
(9) "Means of identification" means means of identification as defined in RCW 9.35.005.
(10) "Merchant" means an owner or operator of any retail mercantile establishment or any agent, employee, lessee, consignee, officer, director, franchisee, or independent contractor of such owner or operator. "Merchant" also means a person who receives from an authorized user, a payment card or information from a payment card, or what the person believes to be a payment card or information from a payment card, as the instrument for obtaining, purchasing, or receiving goods, services, money, or anything else of value from the person.
(11) "Payment card" means a credit card, charge card, debit card, stored value card, or any card that is issued to an authorized card user and that allows the user to obtain goods, services, money, or anything else of value from a merchant.
(12) "Person" means an individual, partnership, corporation, trust, or unincorporated association, but does not include a financial institution or its authorized employees, representatives, or agents.
(13) "Personal identification" means any driver's license, passport, or identification card actually or purportedly issued by any federal, state, local or foreign governmental entity; any credit card or debit card; or any employee identification card actually or purportedly issued by any employer, public or private, including but not limited to a badge or identification or access card.
(14) "Reencoder" means an electronic device that places encoded information from a payment card onto a different payment card.
(15) "Scanning device" means a scanner, reader, or any other electronic device that is used to access, read, scan, obtain, memorize, or store, temporarily or permanently, information encoded on a payment card.
[ 2003 c 119 s 3; 2003 c 52 s 1; 1993 c 484 s 1.]
Notes:
Reviser's note: This section was amended by 2003 c 52 s 1 and by 2003 c 119 s 3, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).

catchline: Credit, debit cards, checks, etc.—Definitions.


title: RCW 9A.56.290

text:
(1) A person commits the crime of unlawful factoring of a credit card or payment card transaction if the person:
(a) Uses a scanning device to access, read, obtain, memorize, or store, temporarily or permanently, information encoded on a payment card without the permission of the authorized user of the payment card or with the intent to defraud the authorized user, another person, or a financial institution;
(b) Uses a reencoder to place information encoded on a payment card onto a different card without the permission of the authorized issuer of the card from which the information is being reencoded or with the intent to defraud the authorized user, another person, or a financial institution;
(c) Presents to or deposits with, or causes another to present to or deposit with, a financial institution for payment a credit card or payment card transaction record that is not the result of a credit card or payment card transaction between the cardholder and the person;
(d) Employs, solicits, or otherwise causes a merchant or an employee, representative, or agent of a merchant to present to or deposit with a financial institution for payment a credit card or payment card transaction record that is not the result of a credit card or payment card transaction between the cardholder and the merchant; or
(e) Employs, solicits, or otherwise causes another to become a merchant for purposes of engaging in conduct made unlawful by this section.
(2) Normal transactions conducted by or through airline reporting corporation-appointed travel agents or cruise-only travel agents recognized by passenger cruise lines are not considered factoring for the purposes of this section.
(3) In a proceeding under this section that is related to an identity theft under RCW 9.35.020, the crime will be considered to have been committed in any locality where the person whose means of identification or financial information was appropriated resides, or in which any part of the offense took place, regardless of whether the defendant was ever actually in that locality.
(4)(a) Unlawful factoring of a credit card or payment card transaction is a class C felony.
(b) A second or subsequent violation of subsection (1) of this section is a class B felony.
[ 2003 c 119 s 4; 2003 c 52 s 2; 1993 c 484 s 2.]
Notes:
Reviser's note: This section was amended by 2003 c 52 s 2 and by 2003 c 119 s 4, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).

catchline: Credit, payment cards—Unlawful factoring of transactions.


title: RCW 9A.56.300

text:
(1) A person is guilty of theft of a firearm if he or she commits a theft of any firearm.
(2) This section applies regardless of the value of the firearm taken in the theft.
(3) Each firearm taken in the theft under this section is a separate offense.
(4) The definition of "theft" and the defense allowed against the prosecution for theft under RCW 9A.56.020 shall apply to the crime of theft of a firearm.
(5) As used in this section, "firearm" means any firearm as defined in RCW 9.41.010.
(6) Theft of a firearm is a class B felony.
[ 1995 c 129 s 10 (Initiative Measure No. 159); 1994 sp.s. c 7 s 432.]
Notes:
Findings and intent—Short title—Severability—Captions not law—1995 c 129: See notes following RCW 9.94A.510.
Finding—Intent—Severability—1994 sp.s. c 7: See notes following RCW 43.70.540.
Effective date—1994 sp.s. c 7 ss 401-410, 413-416, 418-437, and 439-460: See note following RCW 9.41.010.

catchline: Theft of a firearm.


title: RCW 9A.56.310

text:
(1) A person is guilty of possessing a stolen firearm if he or she possesses, carries, delivers, sells, or is in control of a stolen firearm.
(2) This section applies regardless of the stolen firearm's value.
(3) Each stolen firearm possessed under this section is a separate offense.
(4) The definition of "possessing stolen property" and the defense allowed against the prosecution for possessing stolen property under RCW 9A.56.140 shall apply to the crime of possessing a stolen firearm.
(5) As used in this section, "firearm" means any firearm as defined in RCW 9.41.010.
(6) Possessing a stolen firearm is a class B felony.
[ 1995 c 129 s 13 (Initiative Measure No. 159).]
Notes:
Findings and intent—Short title—Severability—Captions not law—1995 c 129: See notes following RCW 9.94A.510.

catchline: Possessing a stolen firearm.


title: RCW 9A.56.320

text:
(1) A person is guilty of unlawful production of payment instruments if he or she prints or produces a check or other payment instrument in the name of a person or entity, or with the routing number or account number of a person or entity, without the permission of the person or entity to manufacture or reproduce such payment instrument with such name, routing number, or account number.
(2)(a) A person is guilty of unlawful possession of payment instruments if he or she possesses two or more checks or other payment instruments, alone or in combination:
(i) In the name of a person or entity, or with the routing number or account number of a person or entity, without the permission of the person or entity to possess such payment instrument, and with intent either to deprive the person of possession of such payment instrument or to commit theft, forgery, or identity theft; or
(ii) In the name of a fictitious person or entity, or with a fictitious routing number or account number of a person or entity, with intent to use the payment instruments to commit theft, forgery, or identity theft.
(b) (a)(i) of this subsection does not apply to:
(i) A person or financial institution that has lawful possession of a check, which is endorsed to that person or financial institution; and
(ii) A person or financial institution that processes checks for a lawful business purpose.
(3) A person is guilty of unlawful possession of a personal identification device if the person possesses a personal identification device with intent to use such device to commit theft, forgery, or identity theft. "Personal identification device" includes any machine or instrument whose purpose is to manufacture or print any driver's license or identification card issued by any state or the federal government, or any employee identification issued by any employer, public or private, including but not limited to badges and identification cards, or any credit or debit card.
(4) A person is guilty of unlawful possession of fictitious identification if the person possesses a personal identification card with a fictitious person's identification with intent to use such identification card to commit theft, forgery, or identity theft, when the possession does not amount to a violation of RCW 9.35.020.
(5) A person is guilty of unlawful possession of instruments of financial fraud if the person possesses a check-making machine, equipment, or software, with intent to use or distribute checks for purposes of defrauding an account holder, business, financial institution, or any other person or organization.
(6) This section does not apply to:
(a) A person, business, or other entity, that has lawful possession of a check, which is endorsed to that person, business, or other entity;
(b) A financial institution or other entity that processes checks for a lawful business purpose;
(c) A person engaged in a lawful business who obtains another person's personal identification in the ordinary course of that lawful business;
(d) A person who obtains another person's personal identification for the sole purpose of misrepresenting his or her age; and
(e) A law enforcement agency that produces or displays counterfeit credit or debit cards, checks or other payment instruments, or personal identification devices for investigative or educational purposes.
(7) In a proceeding under this section that is related to an identity theft under RCW 9.35.020, the crime will be considered to have been committed in any locality where the person whose means of identification or financial information was appropriated resides, or in which any part of the offense took place, regardless of whether the defendant was ever actually in that locality.
(8) A violation of this section is a class C felony.
[ 2003 c 119 s 1.]

catchline: Financial fraud—Unlawful possession, production of instruments of.


title: RCW 9A.56.330

text:
(1) A person is guilty of possession of another's identification if the person knowingly possesses personal identification bearing another person's identity, when the person possessing the personal identification does not have the other person's permission to possess it, and when the possession does not amount to a violation of RCW 9.35.020.
(2) This section does not apply to:
(a) A person who obtains, by means other than theft, another person's personal identification for the sole purpose of misrepresenting his or her age;
(b) A person engaged in a lawful business who obtains another person's personal identification in the ordinary course of business;
(c) A person who finds another person's lost personal identification, does not intend to deprive the other person of the personal identification or to use it to commit a crime, and takes reasonably prompt steps to return it to its owner; and
(d) A law enforcement agency that produces or displays counterfeit credit or debit cards, checks or other payment instruments, or personal identification for investigative or educational purposes.
(3) In a proceeding under this section that is related to an identity theft under RCW 9.35.020, the crime will be considered to have been committed in any locality where the person whose means of identification or financial information was appropriated resides, or in which any part of the offense took place, regardless of whether the defendant was ever actually in that locality.
(4) A violation of this section is a gross misdemeanor.
[ 2003 c 119 s 2.]

catchline: Possession of another's identification.


title: RCW 9A.56.340

text:
(1) A person is guilty of theft with the intent to resell if he or she commits theft of property with a value of at least two hundred fifty dollars from a mercantile establishment with the intent to resell the property for monetary or other gain.
(2) The person is guilty of theft with the intent to resell in the first degree if the property has a value of one thousand five hundred dollars or more. Theft with the intent to resell in the first degree is a class B felony.
(3) The person is guilty of theft with the intent to resell in the second degree if the property has a value of at least two hundred fifty dollars, but less than one thousand five hundred dollars. Theft with the intent to resell in the second degree is a class C felony.
(4) For purposes of this section, a series of thefts committed by the same person from one or more mercantile establishments over a period of one hundred eighty days may be aggregated in one count and the sum of the value of all the property shall be the value considered in determining the degree of the theft with the intent to resell involved. Thefts committed by the same person in different counties that have been aggregated in one county may be prosecuted in any county in which one of the thefts occurred.
[ 2006 c 277 s 1.]

catchline: Theft with the intent to resell.


title: RCW 9A.56.350

text:
(1) A person is guilty of organized retail theft if he or she:
(a) Commits theft of property with a value of at least seven hundred fifty dollars from a mercantile establishment with an accomplice;
(b) Possesses stolen property, as defined in RCW 9A.56.140, with a value of at least seven hundred fifty dollars from a mercantile establishment with an accomplice;
(c) Commits theft of property with a cumulative value of at least seven hundred fifty dollars from one or more mercantile establishments within a period of up to one hundred eighty days; or
(d) Commits theft of property with a cumulative value of at least seven hundred fifty dollars from a mercantile establishment with no less than six accomplices and makes or sends at least one electronic communication seeking participation in the theft in the course of planning or commission of the theft. For the purposes of this subsection, "electronic communication" has the same meaning as defined in *RCW 9.61.260(5).
(2) A person is guilty of organized retail theft in the first degree if the property stolen or possessed has a value of five thousand dollars or more. Organized retail theft in the first degree is a class B felony.
(3) A person is guilty of organized retail theft in the second degree if the property stolen or possessed has a value of at least seven hundred fifty dollars, but less than five thousand dollars. Organized retail theft in the second degree is a class C felony.
(4) For purposes of this section, a series of thefts committed by the same person from one or more mercantile establishments over a period of one hundred eighty days may be aggregated in one count and the sum of the value of all the property shall be the value considered in determining the degree of the organized retail theft involved. Thefts committed by the same person in different counties that have been aggregated in one county may be prosecuted in any county in which any one of the thefts occurred. For purposes of subsection (1)(d) of this section, thefts committed by the principal and accomplices may be aggregated into one count and the value of all the property shall be the value considered in determining the degree of organized retail theft involved.
(5) The mercantile establishment or establishments whose property is alleged to have been stolen may request that the charge be aggregated with other thefts of property about which the mercantile establishment or establishments is aware. In the event a request to aggregate the prosecution is declined, the mercantile establishment or establishments shall be promptly advised by the prosecuting jurisdiction making the decision to decline aggregating the prosecution of the decision and the reasons for such decision.
[ 2017 c 329 s 1; 2009 c 431 s 15; 2006 c 277 s 2.]
Notes:
*Reviser's note: RCW 9.61.260 was recodified as RCW 9A.90.120 pursuant to 2022 c 231 s 4 and amended by 2022 c 231 s 1, changing subsection (5) to subsection (8).
Applicability—2009 c 431: See note following RCW 4.24.230.
Property crime database, liability: RCW 4.24.340.

catchline: Organized retail theft.


title: RCW 9A.56.360

text:
(1) A person commits retail theft with special circumstances if he or she commits theft of property from a mercantile establishment with one of the following special circumstances:
(a) To facilitate the theft, the person leaves the mercantile establishment through a designated emergency exit;
(b) The person was, at the time of the theft, in possession of an item, article, implement, or device used, under circumstances evincing an intent to use or employ, or designed to overcome security systems including, but not limited to, lined bags or tag removers; or
(c) The person committed theft at three or more separate and distinct mercantile establishments within a one hundred eighty-day period.
(2) A person is guilty of retail theft with special circumstances in the first degree if the theft involved constitutes theft in the first degree. Retail theft with special circumstances in the first degree is a class B felony.
(3) A person is guilty of retail theft with special circumstances in the second degree if the theft involved constitutes theft in the second degree. Retail theft with special circumstances in the second degree is a class C felony.
(4) A person is guilty of retail theft with special circumstances in the third degree if the theft involved constitutes theft in the third degree. Retail theft with special circumstances in the third degree is a class C felony.
(5) For the purposes of this section, "special circumstances" means the particular aggravating circumstances described in subsection (1)(a) through (c) of this section.
(6)(a) A series of thefts committed by the same person from one or more mercantile establishments over a period of one hundred eighty days may be aggregated in one count and the sum of the value of all the property shall be the value considered in determining the degree of the retail theft with special circumstances involved. Thefts committed by the same person in different counties that have been aggregated in one county may be prosecuted in any county in which any one of the thefts occurred. In no case may an aggregated series of thefts, or a single theft that has been aggregated in one county, be prosecuted in more than one county.
(b) The mercantile establishment or establishments whose property is alleged to have been stolen may request that the charge be aggregated with other thefts of property about which the mercantile establishment or establishments is aware. In the event a request to aggregate the prosecution is declined, the mercantile establishment or establishments shall be promptly advised by the prosecuting jurisdiction making the decision to decline aggregating the prosecution of the decision and the reasons for the decision.
[ 2017 c 224 s 1; 2013 c 153 s 1; 2006 c 277 s 3.]
Notes:
Effective date—2013 c 153: "This act takes effect January 1, 2014." [ 2013 c 153 s 3.]

catchline: Retail theft with special circumstances.


title: RCW 9A.56.370

text:
(1) A person is guilty of mail theft if he or she: (a) Commits theft of mail addressed to three or more different addresses; and (b) commits theft of a minimum of ten separate pieces of mail.
(2) Each set of ten separate pieces of stolen mail addressed to three or more different mailboxes constitutes a separate and distinct crime and may be punished accordingly.
(3) Mail theft is a class C felony.
[ 2011 c 164 s 3.]
Notes:
Intent—2011 c 164: See note following RCW 9A.56.010.

catchline: Mail theft.


title: RCW 9A.56.380

text:
(1) A person is guilty of possession of stolen mail if he or she: (a) Possesses stolen mail addressed to three or more different mailboxes; and (b) possesses a minimum of ten separate pieces of stolen mail.
(2) "Possesses stolen mail" means to knowingly receive, retain, possess, conceal, or dispose of stolen mail knowing that it has been stolen, and to withhold or appropriate to the use of any person other than the true owner, or the person to whom the mail is addressed.
(3) The fact that the person who stole the mail has not been convicted, apprehended, or identified is not a defense to the charge of possessing stolen mail.
(4) Each set of ten separate pieces of stolen mail addressed to three or more different mailboxes constitutes a separate and distinct crime and may be punished accordingly.
(5) Possession of stolen mail is a class C felony.
[ 2011 c 164 s 4.]
Notes:
Intent—2011 c 164: See note following RCW 9A.56.010.

catchline: Possession of stolen mail.


title: RCW 9A.56.390

text:
Every person who, in the commission of mail theft or possession of stolen mail, shall commit any other crime, may be punished therefor as well as for the mail theft or possession of stolen mail, and may be prosecuted for each crime separately.
[ 2011 c 164 s 5.]
Notes:
Intent—2011 c 164: See note following RCW 9A.56.010.

catchline: Mail theft—Possession of stolen mail—Commission of other crime.


title: RCW 9A.56.400

text:
(1)(a) A person is guilty of theft from a vulnerable adult in the first degree if he or she commits theft of property or services that exceed(s) five thousand dollars in value, other than a firearm as defined in RCW 9.41.010, of a vulnerable adult. The defendant must have known or should have known that the victim was a vulnerable adult.
(b) Theft from a vulnerable adult in the first degree is a class B felony.
(2)(a) A person is guilty of theft from a vulnerable adult in the second degree if he or she commits theft of property or services that exceed(s) seven hundred fifty dollars in value but does not exceed five thousand dollars in value, other than a firearm as defined in RCW 9.41.010 or a motor vehicle, of a vulnerable adult. The defendant must have known or should have known that the victim was a vulnerable adult.
(b) Theft from a vulnerable adult in the second degree is a class C felony.
[ 2017 c 266 s 6.]
Notes:
Finding—Intent—2017 c 266: See note following RCW 9A.42.020.

catchline: Theft from a vulnerable adult in the first degree—Theft from a vulnerable adult in the second degree.


title: RCW 9A.56.410

text:
(1) It is a gross misdemeanor under chapter 9A.20 RCW for:
(a) Any person to deliberately remove, alter, or obliterate any manufacturer's make, model, or serial number, personal identification number, or identifying marks engraved or etched upon an item of private metal property, nonferrous metal property, or commercial metal property in order to deceive a scrap metal business;
(b) Any scrap metal business to enter into a transaction to purchase or receive any private metal property, nonferrous metal property, or commercial metal property where the manufacturer's make, model, or serial number, personal identification number, or identifying marks engraved or etched upon the property have been deliberately and conspicuously removed, altered, or obliterated;
(c) Any person to knowingly make, cause, or allow to be made any false entry or misstatement of any material matter in any book, record, or writing required to be kept under this chapter;
(d) Any scrap metal business to enter into a transaction to purchase or receive private metal property, nonferrous metal property, or commercial metal property from any person under the age of 18 years or any person who is discernibly under the influence of intoxicating liquor or drugs;
(e) Any scrap metal business to enter into a transaction to purchase or receive private metal property, nonferrous metal property, or commercial metal property with anyone whom the scrap metal business has been informed by a law enforcement agency to have been convicted of a crime involving drugs, burglary, robbery, theft, or possession of or receiving stolen property, manufacturing, delivering, or possessing with intent to deliver methamphetamine, or possession of ephedrine or any of its salts or isomers or salts of isomers, pseudoephedrine or any of its salts or isomers or salts of isomers, or anhydrous ammonia with intent to manufacture methamphetamine within the past four years whether the person is acting in his or her own behalf or as the agent of another;
(f) Any person to sign the declaration required under RCW 19.290.020 knowing that the private metal property or nonferrous metal property subject to the transaction is stolen. The signature of a person on the declaration required under RCW 19.290.020 constitutes evidence of intent to defraud a scrap metal business if that person is found to have known that the private metal property or nonferrous metal property subject to the transaction was stolen;
(g) Any scrap metal business to possess private metal property or commercial metal property that was not lawfully purchased or received under the requirements of this chapter;
(h) Any scrap metal business to engage in a series of transactions valued at less than $30 with the same seller for the purposes of avoiding the requirements of RCW 19.290.030(4); or
(i) Any person to knowingly make a false or fictitious oral or written statement or to furnish or exhibit any false, fictitious, or misrepresented identification, with the intent to deceive a scrap metal business as to the actual seller of the scrap metal.
(2) Notwithstanding any fines imposed as part of the sentence under this section, each offense is punishable by a $1,000 fine per catalytic converter, 10 percent of which shall be directed to the no-buy list database program in RCW 43.43.885, and the remainder shall be directed to the Washington association of sheriffs and police chiefs solely for grants issued under RCW 36.28A.240.
(3)(a) Facilitating the offer of used catalytic converters for sale without first verifying proof of ownership of the catalytic converter, or failing to retain verified records of ownership of used catalytic converters offered for sale for at least two years, is an unfair or deceptive act or practice or unfair method of competition in the conduct of trade or commerce for purposes of the consumer protection act, chapter 19.86 RCW.
(b) All damages awarded to the state of Washington under chapter 19.86 RCW shall be distributed as follows:
(i) Ninety percent to the grant and training program in RCW 36.28A.240; and
(ii) Ten percent to the no-buy list database program in RCW 43.43.885.
[ 2022 c 221 s 5; 2013 c 322 s 10; 2008 c 233 s 7; 2007 c 377 s 7. Formerly RCW 19.290.070.]
Notes:
Effective date—2022 c 221 ss 5-7: "Sections 5 through 7 of this act take effect July 1, 2022." [ 2022 c 221 s 13.]
Findings—Intent—2022 c 221: See note following RCW 19.290.020.

catchline: Metal property deception.


title: RCW 9A.58.005

text:
The legislature finds that:
(1) Washington state recognizes the importance of protecting
its citizens from unwanted wireless surveillance.
(2) Enhanced drivers' licenses and enhanced identicards are intended to facilitate efficient travel at land and sea borders between the United States, Canada, and Mexico, not to facilitate the profiling and tracking of individuals.
(3) Easy access to the information found on enhanced drivers' licenses and enhanced identicards could facilitate the commission of other unwanted offenses, such as identity theft.
[ 2008 c 200 s 1.]

catchline: Findings.


title: RCW 9A.58.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Enhanced driver's license" means a driver's license that is issued under RCW 46.20.202.
(2) "Enhanced identicard" means an identicard that is issued under RCW 46.20.202.
(3) "Identification document" means an enhanced driver's license or an enhanced identicard.
(4) "Radio frequency identification" means a technology that uses radio waves to transmit data remotely to readers.
(5) "Reader" means a scanning device that is capable of using radio waves to communicate with an identification document and read the data transmitted by the identification document.
(6) "Remotely" means that no physical contact between the identification document and a reader is necessary in order to transmit data using radio waves.
(7) "Unique personal identifier number" means a randomly assigned string of numbers or symbols issued by the department of licensing that is encoded on an identification document and is intended to be read remotely by a reader to identify the identification document that has been issued to a particular individual.
[ 2008 c 200 s 2.]

catchline: Definitions.


title: RCW 9A.58.020

text:
(1) Except as provided in subsection (2) of this section, a person is guilty of a class C felony if the person intentionally possesses, or reads or captures remotely using radio waves, information contained on another person's identification document, including the unique personal identifier number encoded on the identification document, without that person's express knowledge or consent.
(2) This section does not apply to:
(a) A person or entity that reads an identification document to facilitate border crossing;
(b) A person or entity that reads a person's identification document in the course of an act of good faith security research, experimentation, or scientific inquiry including, but not limited to, activities useful in identifying and analyzing security flaws and vulnerabilities; or
(c) A person or entity that unintentionally reads an identification document remotely in the course of operating its own radio frequency identification system, provided that the inadvertently received information:
(i) Is not disclosed to any other party;
(ii) Is not used for any purpose; and
(iii) Is not stored or is promptly destroyed.
[ 2008 c 200 s 3.]

catchline: Possessing, or reading or capturing, information contained on another person's identification document—Exceptions.


title: RCW 9A.58.030

text:
The legislature finds that the practices covered by this chapter are matters vitally affecting the public interest for the purpose of applying chapter 19.86 RCW. A violation of this chapter is not reasonable in relation to the development and preservation of business and is an unfair or deceptive act in trade or commerce and an unfair method of competition for the purpose of applying chapter 19.86 RCW.
[ 2008 c 200 s 4.]

catchline: Violation—Consumer protection act.


title: RCW 9A.60.010

text:
The following definitions and the definitions of RCW 9A.56.010 are applicable in this chapter unless the context otherwise requires:
(1) "Complete written instrument" means one which is fully drawn with respect to every essential feature thereof;
(2) To "falsely alter" a written instrument means to change, without authorization by anyone entitled to grant it, a written instrument, whether complete or incomplete, by means of erasure, obliteration, deletion, insertion of new matter, transposition of matter, or in any other manner;
(3) To "falsely complete" a written instrument means to transform an incomplete written instrument into a complete one by adding or inserting matter, without the authority of anyone entitled to grant it;
(4) To "falsely make" a written instrument means to make or draw a complete or incomplete written instrument which purports to be authentic, but which is not authentic either because the ostensible maker is fictitious or because, if real, he or she did not authorize the making or drawing thereof;
(5) "Forged digital likeness" means a visual representation of an actual and identifiable individual, or an audio recording of an actual and identifiable individual's voice, which:
(a) Has been digitally created, adapted, altered, or modified to be indistinguishable from a genuine visual representation or audio recording of the individual;
(b) Misrepresents the appearance, speech, or conduct of the individual; and
(c) Is likely to deceive a reasonable person into believing that the visual representation or audio recording is genuine;
(6) "Forged instrument" means a written instrument which has been falsely made, completed, or altered;
(7) "Incomplete written instrument" means one which contains some matter by way of content or authentication but which requires additional matter in order to render it a complete written instrument;
(8) "Visual representation" means any pictorial or motion picture representation, regardless of the media used;
(9) "Written instrument" means: (a) Any paper, document, or other instrument containing written or printed matter or its equivalent; or (b) any access device, token, stamp, seal, badge, trademark, or other evidence or symbol of value, right, privilege, or identification.
[ 2025 c 51 s 1. Prior: 2011 c 336 s 381; 1999 c 143 s 38; 1987 c 140 s 5; 1975-'76 2nd ex.s. c 38 s 12; 1975 1st ex.s. c 260 s 9A.60.010.]
Notes:
Reviser's note: The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).
Effective date—Severability—1975-'76 2nd ex.s. c 38: See notes following RCW 9A.08.020.


title: RCW 9A.60.020

text:
(1) A person is guilty of forgery if, with intent to injure or defraud:
(a) He or she falsely makes, completes, or alters a written instrument or;
(b) He or she possesses, utters, offers, disposes of, or puts off as true a written instrument which he or she knows to be forged.
(2) In a proceeding under this section that is related to an identity theft under RCW 9.35.020, the crime will be considered to have been committed in any locality where the person whose means of identification or financial information was appropriated resides, or in which any part of the offense took place, regardless of whether the defendant was ever actually in that locality.
(3) Forgery is a class C felony.
[ 2011 c 336 s 382; 2003 c 119 s 5; 1975-'76 2nd ex.s. c 38 s 13; 1975 1st ex.s. c 260 s 9A.60.020.]
Notes:
Effective date—Severability—1975-'76 2nd ex.s. c 38: See notes following RCW 9A.08.020.

catchline: Forgery.


title: RCW 9A.60.030

text:
(1) A person is guilty of obtaining a signature by deception or duress if by deception or duress and with intent to defraud or deprive he or she causes another person to sign or execute a written instrument.
(2) Obtaining a signature by deception or duress is a class C felony.
[ 2011 c 336 s 383; 1975-'76 2nd ex.s. c 38 s 14; 1975 1st ex.s. c 260 s 9A.60.030.]
Notes:
Effective date—Severability—1975-'76 2nd ex.s. c 38: See notes following RCW 9A.08.020.

catchline: Obtaining a signature by deception or duress.


title: RCW 9A.60.040

text:
(1) A person is guilty of criminal impersonation in the first degree if the person:
(a) Assumes a false identity and does an act in his or her assumed character with intent to defraud another or for any other unlawful purpose; or
(b) Pretends to be a representative of some person or organization or a public servant and does an act in his or her pretended capacity with intent to defraud another or for any other unlawful purpose.
(2) Criminal impersonation in the first degree is a class C felony.
[ 2004 c 11 s 1; 2003 c 53 s 78; 1993 c 457 s 1; 1975 1st ex.s. c 260 s 9A.60.040.]
Notes:
Effective date—2004 c 11: "This act takes effect July 1, 2004." [ 2004 c 11 s 3.]
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.

catchline: Criminal impersonation in the first degree.


title: RCW 9A.60.045

text:
(1) A person is guilty of criminal impersonation in the second degree if the person:
(a) Falsely assumes the identity of a veteran or active duty member of the armed forces of the United States with intent to defraud for the purpose of personal gain or to facilitate any unlawful activity; or
(b)(i) Knowingly distributes a forged digital likeness of another person as a genuine visual representation or audio recording with intent to defraud, harass, threaten, or intimidate another or for any other unlawful purpose; and
(ii) Knows or reasonably should know that the forged digital likeness is not genuine.
(2) Criminal impersonation in the second degree is a gross misdemeanor.
(3) Nothing in subsection (1)(b) of this section shall be construed to prohibit the distribution of visual representations or audio recordings for matters of cultural, historical, political, religious, educational, newsworthy, or public interest including, but not limited to, use in works of art, commentary, satire, and parody protected by the Washington state Constitution or the United States Constitution.
(4) Nothing in subsection (1)(b) of this section shall be construed to 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.
[ 2026 c 114 s 2; 2025 c 51 s 2. Prior: 2004 c 124 s 1; 2004 c 11 s 2; 2003 c 53 s 79.]
Notes:
Effective date—2004 c 124: "This act takes effect July 1, 2004." [ 2004 c 124 s 2.]
Effective date—2004 c 11: See note following RCW 9A.60.040.
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.

catchline: Criminal impersonation in the second degree.


title: RCW 9A.60.047

text:
(1) A person is guilty of false identification as a peace officer if:
(a) Under circumstances not amounting to criminal impersonation in the first degree, the person claims to be a peace officer or creates an impression that the person is a peace officer, and does an act with intent to convey the impression that he or she is acting in an official capacity, such as using a vehicle, wearing an article of clothing, or possessing or displaying an item bearing an insignia of a law enforcement agency; and
(b) A reasonable person would believe the person is a peace officer.
(2) False identification as a peace officer is a gross misdemeanor.
(3) It is a defense to prosecution under this section that the person identified as a peace officer by an item bearing an insignia of a law enforcement agency was commissioned by the agency in that capacity when the item was issued to them by the agency, and the person is still authorized by the agency's policies to display or use the item for the purpose for which it is being displayed or used.
(4)(a) Nothing in this section shall be construed to prohibit the possession of an item bearing an insignia of a law enforcement agency by any of the following persons, to the extent authorized by the agency's policies:
(i) Any person who inherits or receives an item bearing the agency's insignia that originally belonged to a deceased person who was commissioned by the agency as a peace officer, where the person inherits or receives the item as part of a ceremony or to otherwise commemorate or honor the deceased person's service as a peace officer; or
(ii) Any person who was commissioned by the agency as a peace officer and has kept an item bearing the agency's insignia after retirement from the agency.
(b) For the purposes of (a)(ii) of this subsection, a retired peace officer is presumed to be authorized by a law enforcement agency to keep an item bearing the agency's insignia if the agency's policies do not specifically prohibit the retired peace officer from keeping the item and the agency does not request that the item be returned.
(5) Nothing in this section shall be construed to prohibit the depiction of law enforcement for matters of cultural, historical, political, religious, educational, newsworthy, or public interest including, but not limited to, use in works of art, commentary, satire, and parody protected by the Washington state Constitution or the United States Constitution.
(6) For purposes of this section, "peace officer" includes any "general authority Washington peace officer," "limited authority Washington peace officer," "reserve officer," and "specially commissioned Washington peace officer" as those terms are defined in RCW 10.93.020, and any federal peace officer.
(7) For purposes of this section, an "item bearing an insignia of a law enforcement agency" includes an item that contains the word "police," "sheriff," "constable," "marshal," or "trooper," or the title of an agency of the federal government employing federal peace officers.
(8) For purposes of this section, "federal peace officer" means any employee or agent of the United States government who has the authority to carry firearms and make warrantless arrests and whose duties involve the enforcement of the laws of the United States.
[ 2026 c 114 s 1.]

catchline: False identification as a peace officer.


title: RCW 9A.60.050

text:
(1) A person is guilty of false certification, if, being an officer authorized to take a proof or acknowledgment of an instrument which by law may be recorded, he or she knowingly certifies falsely that the execution of such instrument was acknowledged by any party thereto or that the execution thereof was proved.
(2) A person is guilty of false certification, if, being a notarial officer making a certification authorized by RCW 42.45.020(3), he or she knowingly certifies falsely that a tangible copy of an electronic record is an accurate copy of the electronic record.
(3) False certification is a gross misdemeanor.
[ 2019 c 154 s 7; 2011 c 336 s 384; 1975-'76 2nd ex.s. c 38 s 15; 1975 1st ex.s. c 260 s 9A.60.050.]
Notes:
Effective date—2019 c 154: See note following RCW 42.45.280.
Effective date—Severability—1975-'76 2nd ex.s. c 38: See notes following RCW 9A.08.020.

catchline: False certification.


title: RCW 9A.60.060

text:
(1) For purposes of this section "mental health advance directive" means a written document that is a "mental health advance directive" as defined in RCW 71.32.020.
(2) A person is guilty of fraudulent creation or revocation of a mental health advance directive if he or she knowingly:
(a) Makes, completes, alters, or revokes the mental health advance directive of another without the principal's consent;
(b) Utters, offers, or puts off as true a mental health advance directive that he or she knows to be forged; or
(c) Obtains or prevents the signature of a principal or witness to a mental health advance directive by deception or duress.
(3) Fraudulent creation or revocation of a mental health advance directive is a class C felony.
[ 2003 c 283 s 31.]

catchline: Fraudulent creation or revocation of a mental health advance directive.


title: RCW 9A.60.070

text:
(1) A person is guilty of issuing a false academic credential if the person knowingly:
(a) Grants or awards a false academic credential or offers to grant or award a false academic credential in violation of this section;
(b) Represents that a credit earned or granted by the person in violation of this section can be applied toward a credential offered by another person;
(c) Grants or offers to grant a credit for which a representation as described in (b) of this subsection is made; or
(d) Solicits another person to seek a credential or to earn a credit the person knows is offered in violation of this section.
(2) A person is guilty of knowingly using a false academic credential if the person knowingly uses a false academic credential or falsely claims to have a credential issued by an institution of higher education that is accredited by an accrediting association recognized as such by rule of the student achievement council:
(a) In a written or oral advertisement or other promotion of a business; or
(b) With the intent to:
(i) Obtain employment;
(ii) Obtain a license or certificate to practice a trade, profession, or occupation;
(iii) Obtain a promotion, compensation or other benefit, or an increase in compensation or other benefit, in employment or in the practice of a trade, profession, or occupation;
(iv) Obtain admission to an educational program in this state; or
(v) Gain a position in government with authority over another person, regardless of whether the person receives compensation for the position.
(3) The definitions in this subsection apply throughout this section and RCW 28B.85.220.
(a) "False academic credential" means a document that provides evidence or demonstrates completion of an academic or professional course of instruction beyond the secondary level that results in the attainment of an academic certificate, degree, or rank, and that is not issued by a person or entity that: (i) Is an entity accredited by an agency recognized as such by rule of the student achievement council or has the international equivalents of such accreditation; or (ii) is an entity authorized as a degree-granting institution by the student achievement council; or (iii) is an entity exempt from the requirements of authorization as a degree-granting institution by the student achievement council; or (iv) is an entity that has been granted a waiver by the student achievement council from the requirements of authorization by the council. Such documents include, but are not limited to, academic certificates, degrees, coursework, degree credits, transcripts, or certification of completion of a degree.
(b) "Grant" means award, bestow, confer, convey, sell, or give.
(c) "Offer," in addition to its usual meanings, means advertise, publicize, or solicit.
(d) "Operate" includes but is not limited to the following:
(i) Offering courses in person, by correspondence, or by electronic media at or to any Washington location for degree credit;
(ii) Granting or offering to grant degrees in Washington;
(iii) Maintaining or advertising a Washington location, mailing address, computer server, or telephone number, for any purpose, other than for contact with the institution's former students for any legitimate purpose related to the students having attended the institution.
(4) Issuing a false academic credential is a class C felony.
(5) Knowingly using a false academic credential is a gross misdemeanor.
[ 2012 c 229 s 501; 2006 c 234 s 2.]
Notes:
Effective date—2012 c 229 ss 101, 117, 401, 402, 501 through 594, 601 through 609, 701 through 708, 801 through 821, 902, and 904: See note following RCW 28B.77.005.

catchline: False academic credentials—Unlawful issuance or use—Definitions—Penalties.


title: RCW 9A.60.080

text:
(1) A person is guilty of impersonating a census taker if the person falsely represents that he or she is a census taker with the intent to:
(a) Interfere with the operation of the census;
(b) Obtain information; or
(c) Obtain consent to enter a private dwelling.
(2) Impersonating a census taker is a gross misdemeanor.
[ 2020 c 34 s 2.]
Notes:
Effective date—2020 c 34: See note following RCW 43.62.060.

catchline: Impersonating a census taker.


title: RCW 9A.61.010

text:
The definitions set forth in this section apply throughout this chapter.
(1) "Customer" means the person in whose name a utility service is provided.
(2) "Divert" means to change the intended course or path of electricity, gas, or water without the authorization or consent of the utility.
(3) "Person" means an individual, partnership, firm, association, or corporation or government agency.
(4) "Reconnection" means the commencement of utility service to a customer or other person after service has been lawfully disconnected by the utility.
(5) "Tamper" means to rearrange, injure, alter, interfere with, or otherwise prevent from performing the normal or customary function.
(6) "Utility" means an electrical company, gas company, or water company as those terms are defined in RCW 80.04.010, and includes an electrical, gas, or water system operated by a public agency.
(7) "Utility service" means the provision of electricity, gas, water, or any other service or commodity furnished by the utility for compensation.
[ 1989 c 109 s 1.]


title: RCW 9A.61.020

text:
"Defrauding a public utility" means to commit, authorize, solicit, aid, abet, or attempt to:
(1) Divert, or cause to be diverted, utility services by any means whatsoever;
(2) Make, or cause to be made, a connection or reconnection with property owned or used by the utility to provide utility service without the authorization or consent of the utility;
(3) Prevent a utility meter or other device used in determining the charge for utility services from accurately performing its measuring function by tampering or by any other means;
(4) Tamper with property owned or used by the utility to provide utility services; or
(5) Use or receive the direct benefit of all or a portion of the utility service with knowledge of, or reason to believe that, the diversion, tampering, or unauthorized connection existed at the time of the use or that the use or receipt was without the authorization or consent of the utility.
[ 1989 c 109 s 2.]

catchline: Defrauding a public utility.


title: RCW 9A.61.030

text:
(1) A person is guilty of defrauding a public utility in the first degree if:
(a) The utility service diverted or used exceeds one thousand five hundred dollars in value; or
(b) Tampering has occurred in furtherance of other criminal activity.
(2) Defrauding a public utility in the first degree is a class B felony.
[ 1989 c 109 s 3.]

catchline: Defrauding a public utility in the first degree.


title: RCW 9A.61.040

text:
(1) A person is guilty of defrauding a public utility in the second degree if the utility service diverted or used exceeds five hundred dollars in value.
(2) Defrauding a public utility in the second degree is a class C felony.
[ 1989 c 109 s 4.]

catchline: Defrauding a public utility in the second degree.


title: RCW 9A.61.050

text:
(1) A person is guilty of defrauding a public utility in the third degree if:
(a) The utility service diverted or used is five hundred dollars or less in value; or
(b) A connection or reconnection has occurred without authorization or consent of the utility.
(2) Defrauding a public utility in the third degree is a gross misdemeanor.
[ 1989 c 109 s 5.]

catchline: Defrauding a public utility in the third degree.


title: RCW 9A.61.060

text:
In any prosecution under this section, the court may require restitution from the defendant as provided by chapter 9A.20 RCW, plus court costs plus the costs incurred by the utility on account of the bypassing, tampering, or unauthorized reconnection, including but not limited to costs and expenses for investigation, disconnection, reconnection, service calls, and expert witnesses.
[ 1989 c 109 s 6.]

catchline: Restitution and costs.


title: RCW 9A.61.070

text:
Restitution ordered or fines imposed under this chapter do not preclude a utility from collecting damages under RCW 80.28.240 to which it may be entitled.
[ 1989 c 109 s 7.]

catchline: Damages not precluded.


title: RCW 9A.64.010

text:
(1) A person is guilty of bigamy if he or she intentionally marries or purports to marry another person when either person has a living spouse.
(2) In any prosecution under this section, it is a defense that at the time of the subsequent marriage or purported marriage:
(a) The actor reasonably believed that the prior spouse was dead; or
(b) A court had entered a judgment purporting to terminate or annul any prior disqualifying marriage and the actor did not know that such judgment was invalid; or
(c) The actor reasonably believed that he or she was legally eligible to marry.
(3) The limitation imposed by RCW 9A.04.080 on commencing a prosecution for bigamy does not begin to run until the death of the prior or subsequent spouse of the actor or until a court enters a judgment terminating or annulling the prior or subsequent marriage.
(4) Bigamy is a class C felony.
[ 2011 c 336 s 385; 1986 c 257 s 14; 1975 1st ex.s. c 260 s 9A.64.010.]
Notes:
Severability—1986 c 257: See note following RCW 9A.56.010.

catchline: Bigamy.


title: RCW 9A.64.020

text:
(1)(a) A person is guilty of incest in the first degree if he or she engages in sexual intercourse with a person whom he or she knows to be related to him or her, either legitimately or illegitimately, as an ancestor, descendant, brother, or sister of either the whole or the half blood.
(b) Incest in the first degree is a class B felony.
(2)(a) A person is guilty of incest in the second degree if he or she engages in sexual contact with a person whom he or she knows to be related to him or her, either legitimately or illegitimately, as an ancestor, descendant, brother, or sister of either the whole or the half blood.
(b) Incest in the second degree is a class C felony.
(3) As used in this section:
(a) "Descendant" includes stepchildren and adopted children under eighteen years of age;
(b) "Sexual contact" has the same meaning as in RCW 9A.44.010; and
(c) "Sexual intercourse" has the same meaning as in RCW 9A.44.010.
[ 2003 c 53 s 80; 1999 c 143 s 39; 1985 c 53 s 1; 1982 c 129 s 3; 1975 1st ex.s. c 260 s 9A.64.020.]
Notes:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
Severability—1982 c 129: See note following RCW 9A.04.080.

catchline: Incest.


title: RCW 9A.64.030

text:
(1) It is unlawful for any person to sell or purchase a minor child.
(2) A transaction shall not be a purchase or sale under subsection (1) of this section if any of the following exists:
(a) The transaction is between the parents of the minor child; or
(b) The transaction is between a person receiving or to receive the child and an agency recognized under RCW 26.33.020; or
(c) The transaction is between the person receiving or to receive the child and a state agency or other governmental agency; or
(d) The transaction is pursuant to chapter 26.34 RCW; or
(e) The transaction is pursuant to court order; or
(f) The only consideration paid by the person receiving or to receive the child is intended to pay for the prenatal hospital or medical expenses involved in the birth of the child, or attorneys' fees and court costs involved in effectuating transfer of child custody.
(3)(a) Child selling is a class C felony.
(b) Child buying is a class C felony.
[ 2003 c 53 s 81; 1985 c 7 s 3; 1980 c 85 s 3.]
Notes:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
Severability—1980 c 85: "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." [ 1980 c 85 s 5.]

catchline: Child selling—Child buying.


title: RCW 9A.68.010

text:
(1) A person is guilty of bribery if:
(a) With the intent to secure a particular result in a particular matter involving the exercise of the public servant's vote, opinion, judgment, exercise of discretion, or other action in his or her official capacity, he or she offers, confers, or agrees to confer any pecuniary benefit upon such public servant; or
(b) Being a public servant, he or she requests, accepts, or agrees to accept any pecuniary benefit pursuant to an agreement or understanding that his or her vote, opinion, judgment, exercise of discretion, or other action as a public servant will be used to secure or attempt to secure a particular result in a particular matter.
(2) It is no defense to a prosecution under this section that the public servant sought to be influenced was not qualified to act in the desired way, whether because he or she had not yet assumed office, lacked jurisdiction, or for any other reason.
(3) Bribery is a class B felony.
[ 2011 c 336 s 386; 1975 1st ex.s. c 260 s 9A.68.010.]

catchline: Bribery.


title: RCW 9A.68.020

text:
(1) A public servant is guilty of requesting unlawful compensation if he or she requests a pecuniary benefit for the performance of an official action knowing that he or she is required to perform that action without compensation or at a level of compensation lower than that requested.
(2) Requesting unlawful compensation is a class C felony.
[ 2011 c 336 s 387; 1975 1st ex.s. c 260 s 9A.68.020.]

catchline: Requesting unlawful compensation.


title: RCW 9A.68.030

text:
(1) A person is guilty of receiving or granting unlawful compensation if:
(a) Being a public servant, he or she requests, accepts, or agrees to accept compensation for advice or other assistance in preparing a bill, contract, claim, or transaction regarding which he or she knows he or she is likely to have an official discretion to exercise; or
(b) He or she knowingly offers, pays, or agrees to pay compensation to a public servant for advice or other assistance in preparing or promoting a bill, contract, claim, or other transaction regarding which the public servant is likely to have an official discretion to exercise.
(2) Receiving or granting unlawful compensation is a class C felony.
[ 2011 c 336 s 388; 1975 1st ex.s. c 260 s 9A.68.030.]

catchline: Receiving or granting unlawful compensation.


title: RCW 9A.68.040

text:
(1) A person is guilty of trading in public office if:
(a) He or she offers, confers, or agrees to confer any pecuniary benefit upon a public servant pursuant to an agreement or understanding that such actor will or may be appointed to a public office; or
(b) Being a public servant, he or she requests, accepts, or agrees to accept any pecuniary benefit from another person pursuant to an agreement or understanding that such person will or may be appointed to a public office.
(2) Trading in public office is a class C felony.
[ 2011 c 336 s 389; 1975 1st ex.s. c 260 s 9A.68.040.]

catchline: Trading in public office.


title: RCW 9A.68.050

text:
(1) A person is guilty of trading in special influence if:
(a) He or she offers, confers, or agrees to confer any pecuniary benefit upon another person pursuant to an agreement or understanding that such other person will offer or confer a benefit upon a public servant or procure another to do so with intent thereby to secure or attempt to secure a particular result in a particular matter; or
(b) He or she requests, accepts, or agrees to accept any pecuniary benefit pursuant to an agreement or understanding that he or she will offer or confer a benefit upon a public servant or procure another to do so with intent thereby to secure or attempt to secure a particular result in a particular matter.
(2) Trading in special influence is a class C felony.
[ 2011 c 336 s 390; 1975 1st ex.s. c 260 s 9A.68.050.]

catchline: Trading in special influence.


title: RCW 9A.68.060

text:
(1) For purposes of this section:
(a) "Claimant" means a person who has or is believed by an actor to have an insurance claim.
(b) "Service provider" means a person who directly or indirectly provides, advertises, or otherwise claims to provide services.
(c) "Services" means health care services, motor vehicle body or other motor vehicle repair, and preparing, processing, presenting, or negotiating an insurance claim.
(d) "Trusted person" means:
(i) An agent, employee, or partner of another;
(ii) An administrator, executor, conservator, guardian, receiver, or trustee of a person or an estate, or any other person acting in a fiduciary capacity;
(iii) An accountant, appraiser, attorney, physician, or other professional adviser;
(iv) An officer or director of a corporation, or any other person who participates in the affairs of a corporation, partnership, or unincorporated association; or
(v) An arbitrator, mediator, or other purportedly disinterested adjudicator or referee.
(2) A person is guilty of commercial bribery if:
(a) He or she offers, confers, or agrees to confer a pecuniary benefit directly or indirectly upon a trusted person under a request, agreement, or understanding that the trusted person will violate a duty of fidelity or trust arising from his or her position as a trusted person;
(b) Being a trusted person, he or she requests, accepts, or agrees to accept a pecuniary benefit for himself, herself, or another under a request, agreement, or understanding that he or she will violate a duty of fidelity or trust arising from his or her position as a trusted person; or
(c) Being an employee or agent of an insurer, he or she requests, accepts, or agrees to accept a pecuniary benefit for himself or herself, or a person other than the insurer, under a request, agreement, or understanding that he or she will or a threat that he or she will not refer or induce claimants to have services performed by a service provider.
(3) It is not a defense to a prosecution under this section that the person sought to be influenced was not qualified to act in the desired way, whether because the person had not yet assumed his or her position, lacked authority, or for any other reason.
(4) Commercial bribery is a class B felony.
[ 2001 c 224 s 2. Prior: 1995 c 285 s 29.]
Notes:
Purpose—2001 c 224: "The purpose of this act is to respond to State v. Thomas, 103 Wn. App. 800, by reenacting and ranking, without changes, the law relating to the crime of commercial bribery, enacted as sections 29 and 37(5), chapter 285, Laws of 1995." [ 2001 c 224 s 1.]
Effective date—2001 c 224: "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 9, 2001]." [ 2001 c 224 s 5.]
Effective date—1995 c 285: See RCW 48.30A.900.

catchline: Commercial bribery.


title: RCW 9A.72.010

text:
The following definitions are applicable in this chapter unless the context otherwise requires:
(1) "Juror" means any person who is a member of any jury, including a grand jury, impaneled by any court of this state, or tribal court, or by any public servant authorized by law to impanel a jury; the term juror also includes any person who has been drawn or summoned to attend as a prospective juror;
(2) "Materially false statement" means any false statement oral or written, regardless of its admissibility under the rules of evidence, which could have affected the course or outcome of the proceeding;
(3) "Oath" includes an affirmation and every other mode authorized by law of attesting to the truth of that which is stated; in this chapter, written statements shall be treated as if made under oath if:
(a) The statement was made on or pursuant to instructions on an official form bearing notice, authorized by law, to the effect that false statements made therein are punishable;
(b) The statement recites that it was made under oath, the declarant was aware of such recitation at the time he or she made the statement, intended that the statement should be represented as a sworn statement, and the statement was in fact so represented by its delivery or utterance with the signed jurat of an officer authorized to administer oaths appended thereto; or
(c) It is a statement, declaration, verification, or certificate, made within or outside the state of Washington, which is declared to be true under penalty of perjury as provided in chapter 5.50 RCW or under the code of any federally recognized tribe;
(4) "Official proceeding" means a proceeding heard before any state, federally recognized tribal, or federal legislative, judicial, administrative, or other government agency or official authorized to hear evidence under oath, including any tribal court, referee, hearing examiner, commissioner, notary, or other person taking testimony or depositions;
(5) An oath is "required or authorized by law" when the use of the oath is specifically provided for by statute or regulatory provision or when the oath is administered by a person authorized by state, a federally recognized tribe, or federal law to administer oaths;
(6) "Testimony" includes oral or written statements, documents, or any other material that may be offered by a witness in an official proceeding;
(7) "Tribal" means a federally recognized Indian tribe as defined by 25 U.S.C. Sec. 1301;
(8) "Tribal court" means an Indian court as defined by 25 U.S.C. Sec. 1301;
(9) "Tribal law" means the Constitution, codes, ordinance, regulations, case law, and customary law of a federally recognized tribe.
[ 2025 c 259 s 5; 2019 c 232 s 10; 2001 c 171 s 2. Prior: 1995 c 285 s 30; 1981 c 187 s 1; 1975 1st ex.s. c 260 s 9A.72.010.]
Notes:
Reviser's note: The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).
Purpose—2001 c 171: "The purpose of this act is to respond to State v. Thomas, 103 Wn. App. 800, by reenacting, without changes, legislation relating to the crime of perjury, as amended in sections 30 and 31, chapter 285, Laws of 1995." [ 2001 c 171 s 1.]
Effective date—2001 c 171: "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 7, 2001]." [ 2001 c 171 s 4.]
Effective date—1995 c 285: See RCW 48.30A.900.

catchline: Definitions.


title: RCW 9A.72.020

text:
(1) A person is guilty of perjury in the first degree if in any official proceeding he or she makes a materially false statement which he or she knows to be false under an oath required or authorized by law.
(2) Knowledge of the materiality of the statement is not an element of this crime, and the actor's mistaken belief that his or her statement was not material is not a defense to a prosecution under this section.
(3) Perjury in the first degree is a class B felony.
[ 2011 c 336 s 391; 1975 1st ex.s. c 260 s 9A.72.020.]

catchline: Perjury in the first degree.


title: RCW 9A.72.030

text:
(1) A person is guilty of perjury in the second degree if, in an examination under oath under the terms of a contract of insurance, or with intent to mislead a public servant in the performance of his or her duty, he or she makes a materially false statement, which he or she knows to be false under an oath required or authorized by law.
(2) Perjury in the second degree is a class C felony.
[ 2001 c 171 s 3. Prior: 1995 c 285 s 31; 1975 1st ex.s. c 260 s 9A.72.030.]
Notes:
Purpose—Effective date—2001 c 171: See notes following RCW 9A.72.010.
Effective date—1995 c 285: See RCW 48.30A.900.

catchline: Perjury in the second degree.


title: RCW 9A.72.040

text:
(1) A person is guilty of false swearing if he or she makes a false statement, which he or she knows to be false, under an oath required or authorized by law.
(2) False swearing is a gross misdemeanor.
[ 2011 c 336 s 392; 1975 1st ex.s. c 260 s 9A.72.040.]

catchline: False swearing.


title: RCW 9A.72.050

text:
(1) Where, in the course of one or more official proceedings, a person makes inconsistent material statements under oath, the prosecution may proceed by setting forth the inconsistent statements in a single count alleging in the alternative that one or the other was false and known by the defendant to be false. In such case it shall not be necessary for the prosecution to prove which material statement was false but only that one or the other was false and known by the defendant to be false.
(2) The highest offense of which a person may be convicted in such an instance as set forth in subsection (1) of this section shall be determined by hypothetically assuming each statement to be false. If perjury of different degrees would be established by the making of the two statements, the person may only be convicted of the lesser degree. If perjury or false swearing would be established by the making of the two statements, the person may only be convicted of false swearing. For purposes of this section, no corroboration shall be required of either inconsistent statement.
[ 1975 1st ex.s. c 260 s 9A.72.050.]

catchline: Perjury and false swearing—Inconsistent statements—Degree of crime.


title: RCW 9A.72.060

text:
No person shall be convicted of perjury or false swearing if he or she retracts his or her false statement in the course of the same proceeding in which it was made, if in fact he or she does so before it becomes manifest that the falsification is or will be exposed and before the falsification substantially affects the proceeding. Statements made in separate hearings at separate stages of the same trial, administrative, or other official proceeding shall be treated as if made in the course of the same proceeding.
[ 2011 c 336 s 393; 1975-'76 2nd ex.s. c 38 s 16; 1975 1st ex.s. c 260 s 9A.72.060.]
Notes:
Effective date—Severability—1975-'76 2nd ex.s. c 38: See notes following RCW 9A.08.020.

catchline: Perjury and false swearing—Retraction.


title: RCW 9A.72.070

text:
It is no defense to a prosecution for perjury or false swearing:
(1) That the oath was administered or taken in an irregular manner; or
(2) That the person administering the oath lacked authority to do so, if the taking of the oath was required or authorized by law.
[ 1975 1st ex.s. c 260 s 9A.72.070.]

catchline: Perjury and false swearing—Irregularities no defense.


title: RCW 9A.72.080

text:
Every unqualified statement of that which one does not know to be true is equivalent to a statement of that which he or she knows to be false.
[ 2011 c 336 s 394; 1975 1st ex.s. c 260 s 9A.72.080.]

catchline: Statement of what one does not know to be true.


title: RCW 9A.72.090

text:
(1) A person is guilty of bribing a witness if he or she offers, confers, or agrees to confer any benefit upon a witness or a person he or she has reason to believe is about to be called as a witness in any official proceeding or upon a person whom he or she has reason to believe may have information relevant to a criminal investigation or the abuse or neglect of a minor child, with intent to:
(a) Influence the testimony of that person; or
(b) Induce that person to avoid legal process summoning him or her to testify; or
(c) Induce that person to absent himself or herself from an official proceeding to which he or she has been legally summoned; or
(d) Induce that person to refrain from reporting information relevant to a criminal investigation or the abuse or neglect of a minor child.
(2) Bribing a witness is a class B felony.
[ 1994 c 271 s 202; 1982 1st ex.s. c 47 s 16; 1975 1st ex.s. c 260 s 9A.72.090.]
Notes:
Finding—1994 c 271: "The legislature finds that witness intimidation and witness tampering serve to thwart both the effective prosecution of criminal conduct in the state of Washington and resolution of child dependencies.
Further, the legislature finds that intimidating persons who have information pertaining to a future proceeding serves to prevent both the bringing of a charge and prosecution of such future proceeding. The legislature finds that the period before a crime or child abuse or neglect is reported is when a victim is most vulnerable to influence, both from the defendant or from people acting on behalf of the defendant and a time when the defendant is most able to threaten, bribe, and/or persuade potential witnesses to leave the jurisdiction or withhold information from law enforcement agencies.
The legislature moreover finds that a criminal defendant's admonishment or demand to a witness to "drop the charges" is intimidating to witnesses or other persons with information relevant to a criminal proceeding.
The legislature finds, therefore, that tampering with and/or intimidating witnesses or other persons with information relevant to a present or future criminal or child dependency proceeding are grave offenses which adversely impact the state's ability to promote public safety and prosecute criminal behavior." [ 1994 c 271 s 201.]
Purpose—Severability—1994 c 271: See notes following RCW 9A.28.020.
Severability—1982 1st ex.s. c 47: See note following RCW 9.41.190.

catchline: Bribing a witness.


title: RCW 9A.72.100

text:
(1) A witness or a person who has reason to believe he or she is about to be called as a witness in any official proceeding or that he or she may have information relevant to a criminal investigation or the abuse or neglect of a minor child is guilty of bribe receiving by a witness if he or she requests, accepts, or agrees to accept any benefit pursuant to an agreement or understanding that:
(a) The person's testimony will thereby be influenced; or
(b) The person will attempt to avoid legal process summoning him or her to testify; or
(c) The person will attempt to absent himself or herself from an official proceeding to which he or she has been legally summoned; or
(d) The person will not report information he or she has relevant to a criminal investigation or the abuse or neglect of a minor child.
(2) Bribe receiving by a witness is a class B felony.
[ 1994 c 271 s 203; 1982 1st ex.s. c 47 s 17; 1975 1st ex.s. c 260 s 9A.72.100.]
Notes:
Finding—1994 c 271: See note following RCW 9A.72.090.
Purpose—Severability—1994 c 271: See notes following RCW 9A.28.020.
Severability—1982 1st ex.s. c 47: See note following RCW 9.41.190.

catchline: Bribe receiving by a witness.