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9.46.360
Indian tribes—Compact negotiation process.
(1) The negotiation process for compacts with federally recognized Indian tribes for conducting class III gaming, as defined in the Indian Gaming Regulatory Act, 25 U.S.C. Sec. 2701 et seq., on federal Indian lands is governed by this section. (2) The gambling commission through the director or the director's designee ...
9.46.36001
Tribal actions—Federal jurisdiction.
The state consents to the jurisdiction of the federal courts in actions brought by a tribe pursuant to the Indian gaming regulatory act of 1988 or seeking enforcement of a state/tribal compact adopted under the Indian gaming regulatory act, conditioned upon the tribe entering into such a compact and providing similar c...
9.46.400
Wildlife raffle.
Any raffle authorized by the fish and wildlife commission involving hunting big game animals or wild turkeys shall not be subject to any provisions of this chapter other than RCW 9.46.010 and this section or to any rules or regulations of the gambling commission. [ 1996 c 101 s 3 .] Findings — 1996 c 101: See note foll...
9.46.410
Use of public assistance electronic benefit cards prohibited—Licensee to report violations—Suspension of license.
(1) Any licensee authorized under this chapter is prohibited from allowing the use of public assistance electronic benefit cards for the purpose of participating in any of the activities authorized under this chapter. (2) Any licensee authorized under this chapter shall report to the department of social and health ser...
9.46.420
RCW9.46.410to be negotiated with Indian tribes.
The commission shall consider the provisions of RCW 9.46.410 as elements to be negotiated with federally recognized Indian tribes as provided in RCW 9.46.360 . [ 2002 c 252 s 3 .]
9.46.901
Intent—1987 c 4.
The separation of definitions and authorized activities provisions of the state's gambling statutes into shorter sections is intended to improve the readability and facilitate the future amendment of these sections. This separation shall not change the meaning of any of the provisions involved. [ 1987 c 4 s 1 .]
9.46.902
Construction—1987 c 4.
This act shall not be construed as affecting any existing right acquired or liability or obligation incurred under the sections amended or repealed in this act or under any rule, regulation, or order adopted under those sections, nor as affecting any proceeding instituted under those sections. [ 1987 c 4 s 48 .]
9.46.903
Intent—1994 c 218.
The legislature intends with chapter 218, Laws of 1994 to clarify the state's public policy on gambling regarding the frequency of state lottery drawings, the means of addressing problem and compulsive gambling, and the enforcement of the state's gambling laws. Chapter 218, Laws of 1994 is intended to clarify the speci...
9.47.080
Bucket shop defined.
A bucket shop is hereby defined to be a shed, tent, tenement, booth, building, float or vessel, or any part thereof, wherein may be made contracts respecting the purchase or sale upon margin or credit of any commodities, securities, or property, or option for the purchase thereof, wherein both parties intend that such ...
9.47.090
Maintaining bucket shop—Penalty.
Every person, whether in his or her own behalf, or as agent, servant or employee of another person, within or outside of this state, who shall open, conduct or carry on any bucket shop, or make or offer to make any contract described in RCW 9.47.080 , or with intent to make such a contract, or assist therein, shall rec...
9.47.100
Written statement to be furnished—Presumption.
Every person, whether in his or her own behalf, or as the servant, agent, or employee of another person, within or outside of this state, who shall buy or sell for another, or execute any order for the purchase or sale of any commodities, securities, or property, upon margin or credit, whether for immediate or future d...
9.47.120
Bunco steering.
Every person who shall entice, or induce another, upon any pretense, to go to any place where any gambling game, scheme or device, or any trick, sleight of hand performance, fraud or fraudulent scheme, cards, dice or device, is being conducted or operated; or while in such place shall entice or induce another to bet, w...
9.47A.010
Definition.
As used in this chapter, the phrase "substance containing a solvent having the property of releasing toxic vapors or fumes" shall mean and include any substance containing one or more of the following chemical compounds: (1) Acetone; (2) Amylacetate; (3) Benzol or benzene; (4) Butyl acetate; (5) Butyl alcohol; (6) Carb...
9.47A.020
Unlawful inhalation—Exception.
It is unlawful for any person to intentionally smell or inhale the fumes of any type of substance as defined in RCW 9.47A.010 or to induce any other person to do so, for the purpose of causing a condition of, or inducing symptoms of intoxication, elation, euphoria, dizziness, excitement, irrational behavior, exhilarati...
9.47A.030
Possession of certain substances prohibited, when.
No person may, for the purpose of violating RCW 9.47A.020 , use, or possess for the purpose of so using, any substance containing a solvent having the property of releasing toxic vapors or fumes. [ 1984 c 68 s 3 ; 1969 ex.s. c 149 s 3 .]
9.47A.040
Sale of certain substances prohibited, when.
No person may sell, offer to sell, deliver, or give to any other person any container of a substance containing a solvent having the property of releasing toxic vapors or fumes, if he or she has knowledge that the product sold, offered for sale, delivered, or given will be used for the purpose set forth in RCW 9.47A.02...
9.47A.050
Penalty.
Any person who violates this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than one hundred dollars or by imprisonment for not more than thirty days, or by both. [ 1969 ex.s. c 149 s 5 .]
9.51.010
Misconduct of officer drawing jury.
Every person charged by law with the preparation of any jury list or list of names from which any jury is to be drawn, and every person authorized by law to assist at the drawing of a grand or petit jury to attend a court or term of court or to try any cause or issue, who shall — (1) Place in any such list any name at ...
9.51.020
Soliciting jury duty.
Every person who shall, directly or indirectly, solicit or request any person charged with the duty of preparing any jury list to put his or her name, or the name of any other person, on any such list, shall be guilty of a gross misdemeanor. [ 2011 c 336 s 308 ; 1909 c 249 s 76 ; 1888 p 114 s 1 ; RRS s 2328.]
9.51.030
Misconduct of officer in charge of jury.
Every person to whose charge a jury shall be committed by a court or magistrate, who shall knowingly, without leave of such court or magistrate, permit them or any one of them to receive any communication from any person, to make any communication to any person, to obtain or receive any book, paper or refreshment, or t...
9.51.040
Grand juror acting after challenge allowed.
Every grand juror who, with knowledge that a challenge interposed against him or her by a defendant has been allowed, shall be present at, or take part, or attempt to take part, in the consideration of the charge against the defendant who interposed such challenge, or the deliberations of the grand jury thereon, shall ...
9.51.050
Disclosing transaction of grand jury.
Every judge, grand juror, prosecuting attorney, clerk, stenographer, or other officer who, except in the due discharge of his or her official duty, shall disclose the fact that a presentment has been made or indictment found or ordered against any person, before such person shall be in custody; and every grand juror, c...
9.51.060
Disclosure of deposition returned by grand jury.
Every clerk of any court or other officer who shall willfully permit any deposition, or the transcript of any testimony, returned by a grand jury and filed with such clerk or officer, to be inspected by any person except the court, the deputies or assistants of such clerk, and the prosecuting attorney and his or her de...
9.54.130
Restoration of stolen property—Duty of officers.
The officer arresting any person charged as principal or accessory in any robbery or larceny shall use reasonable diligence to secure the property alleged to have been stolen, and after seizure shall be answerable therefor while it remains in his or her hands, and shall annex a schedule thereof to his or her return of ...
9.55.020
Witness refusing to attend legislature or committee or to testify.
Every person duly summoned to attend as a witness before either house of the legislature of this state, or any committee thereof authorized to summon witnesses, who shall refuse or neglect, without lawful excuse, to attend pursuant to such summons, or who shall willfully refuse to be sworn or to affirm or to answer any...
9.61.160
Threats to bomb or injure property—Penalty.
(1) It shall be unlawful for any person to threaten to bomb or otherwise injure any public or private school building, any place of worship or public assembly, any governmental property, or any other building, common carrier, or structure, or any place used for human occupancy; or to communicate or repeat any informati...
9.61.190
Carrier or racing pigeons—Injury to.
It is a class 1 civil infraction for any person, other than the owner thereof or his or her authorized agent, to knowingly shoot, kill, maim, injure, molest, entrap, or detain any Antwerp Messenger or Racing Pigeon, commonly called "carrier or racing pigeons", having the name of its owner stamped upon its wing or tail ...
9.61.200
Carrier or racing pigeons—Removal or alteration of identification.
It is a class 2 civil infraction for any person other than the owner thereof or his or her authorized agent to remove or alter any stamp, leg band, ring, or other mark of identification attached to any Antwerp Messenger or Racing Pigeon. [ 2011 c 336 s 315 ; 1987 c 456 s 26 ; 1963 c 69 s 2 .] Legislative finding — 1987...
9.61.230
Telephone harassment.
(1) Every person who, with intent to harass, intimidate, torment or embarrass any other person, shall make a telephone call to such other person: (a) Using any lewd, lascivious, profane, indecent, or obscene words or language, or suggesting the commission of any lewd or lascivious act; or (b) Anonymously or repeatedly ...
9.61.240
Telephone harassment—Permitting telephone to be used.
Any person who knowingly permits any telephone under his or her control to be used for any purpose prohibited by RCW 9.61.230 shall be guilty of a misdemeanor. [ 2011 c 336 s 316 ; 1967 c 16 s 2 .]
9.61.250
Telephone harassment—Offense, where deemed committed.
Any offense committed by use of a telephone as set forth in RCW 9.61.230 may be deemed to have been committed either at the place from which the telephone call or calls were made or at the place where the telephone call or calls were received. [ 1967 c 16 s 3 .]
9.62.010
Malicious prosecution.
Every person who shall, maliciously and without probable cause therefor, cause or attempt to cause another to be arrested or proceeded against for any crime of which he or she is innocent: (1) If such crime be a felony, is guilty of a class C felony and shall be punished by imprisonment in a state correctional facility...
9.62.020
Instituting suit in name of another.
Every person who shall institute or prosecute any action or other proceeding in the name of another, without his or her consent and contrary to law, shall be guilty of a gross misdemeanor. [ 2011 c 336 s 317 ; 1909 c 249 s 124 ; RRS s 2376.]
9.66.010
Public nuisance.
A public nuisance is a crime against the order and economy of the state. Every place (1) Wherein any fighting between people or animals or birds shall be conducted; or, (2) Wherein any intoxicating liquors are kept for unlawful use, sale or distribution; or, (3) Where vagrants resort; and Every act unlawfully done and ...
9.66.020
Unequal damage.
An act which affects a considerable number of persons in any of the ways specified in RCW 9.66.010 is not less a public nuisance because the extent of the damage is unequal. [ 1909 c 249 s 249 ; Code 1881 s 1236; 1875 p 79 s 2 ; RRS s 2501.]
9.66.030
Maintaining or permitting nuisance.
Every person who shall commit or maintain a public nuisance, for which no special punishment is prescribed; or who shall wilfully omit or refuse to perform any legal duty relating to the removal of such nuisance; and every person who shall let, or permit to be used, any building or boat, or portion thereof, knowing tha...
9.66.040
Abatement of nuisance.
Any court or magistrate before whom there may be pending any proceeding for a violation of RCW 9.66.030 , shall, in addition to any fine or other punishment which it may impose for such violation, order such nuisance abated, and all property unlawfully used in the maintenance thereof destroyed by the sheriff at the cos...
9.66.050
Deposit of unwholesome substance.
Every person who shall deposit, leave or keep, on or near a highway or route of public travel, on land or water, any unwholesome substance; or who shall establish, maintain or carry on, upon or near a highway or route of public travel, on land or water, any business, trade or manufacture which is noisome or detrimental...
9.68.015
Obscene literature, shows, etc.—Exemptions.
Nothing in chapter 260, Laws of 1959 shall apply to the circulation of any such material by any recognized historical society or museum, the state law library, any county law library, the state library, the public library, any library of any college or university, or to any archive or library under the supervision and ...
9.68.030
Indecent articles, etc.
Every person who shall expose for sale, loan or distribution, any instrument or article, or any drug or medicine, for causing unlawful abortion; or shall write, print, distribute or exhibit any card, circular, pamphlet, advertisement or notice of any kind, stating when, where, how or of whom such article or medicine ca...
9.68.050
"Erotic material"—Definitions.
For the purposes of RCW 9.68.050 through 9.68.120 : (1) "Minor" means any person under the age of eighteen years; (2) "Erotic material" means printed material, photographs, pictures, motion pictures, sound recordings, and other material the dominant theme of which taken as a whole appeals to the prurient interest of mi...
9.68.080
Unlawful acts.
(1) It shall be unlawful for any minor to misrepresent his or her true age or his or her true status as the child, stepchild, or ward of a person accompanying him or her, for the purpose of purchasing or obtaining access to any material described in RCW 9.68.050 . (2) It shall be unlawful for any person accompanying su...
9.68.100
Exceptions to RCW9.68.050through9.68.120.
Nothing in RCW 9.68.050 through 9.68.120 shall apply to the circulation of any such material by any recognized historical society or museum, the state law library, any county law library, the state library, the public library, any library of any college or university, or to any archive or library under the supervision ...
9.68.120
Provisions of RCW9.68.050through9.68.120exclusive.
The provisions of RCW 9.68.050 through 9.68.120 shall be exclusive. [ 1969 ex.s. c 256 s 20 .] Severability — 1969 ex.s. c 256: See note following RCW 9.68.050 .
9.68.110
Motion picture operator or projectionist exempt, when.
The provisions of RCW 9.68.050 through 9.68.120 shall not apply to acts done in the scope of his or her employment by a motion picture operator or projectionist employed by the owner or manager of a theater or other place for the showing of motion pictures, unless the motion picture operator or projectionist has a fina...
9.68.130
"Sexually explicit material"—Defined—Unlawful display.
(1) A person is guilty of unlawful display of sexually explicit material if he or she knowingly exhibits such material on a viewing screen so that the sexually explicit material is easily visible from a public thoroughfare, park or playground or from one or more family dwelling units. (2) "Sexually explicit material" a...
9.68.140
Promoting pornography—Class C felony—Penalties.
A person who, for profit-making purposes and with knowledge, sells, exhibits, displays, or produces any lewd matter as defined in RCW 7.48A.010 is guilty of promoting pornography. Promoting pornography is a class C felony and shall bear the punishment and fines prescribed for that class of felony. In imposing the crimi...
9.68.900
Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.
For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married person...
9.68A.001
Legislative findings, intent.
The legislature finds that the prevention of sexual exploitation and abuse of children constitutes a government objective of surpassing importance. The care of children is a sacred trust and should not be abused by those who seek commercial gain or personal gratification based on the exploitation of children. The legis...
9.68A.005
Chapter not applicable to lawful conduct between spouses.
This chapter does not apply to lawful conduct between spouses. [ 2010 c 227 s 2 .]
9.68A.011
Definitions.
Unless the context clearly indicates otherwise, the definitions in this section apply throughout this chapter. (1) "Digitization" means creating or altering any visual or printed matter to depict an identifiable minor in a realistic manner utilizing images of another person or computer-generated images, regardless of w...
9.68A.040
Sexual exploitation of a minor—Elements of crime—Penalty.
(1) A person is guilty of sexual exploitation of a minor if the person: (a) Compels a minor by threat or force to engage in sexually explicit conduct, knowing that such conduct will be photographed or part of a live performance; (b) Aids, invites, employs, authorizes, or causes a minor to engage in sexually explicit co...
9.68A.050
Dealing in depictions of minor engaged in sexually explicit conduct.
(1)(a) A person eighteen years of age or older commits the crime of dealing in depictions of a minor engaged in sexually explicit conduct in the first degree when he or she: (i) Knowingly develops, duplicates, publishes, prints, disseminates, exchanges, finances, attempts to finance, or sells a visual or printed matter...
9.68A.053
Sexually explicit images—Crimes by minors—Penalties.
(1)(a)(i) A person under the age of eighteen commits the crime of a minor dealing in depictions of another minor thirteen years of age or older engaged in sexually explicit conduct in the first degree when he or she knowingly distributes, publishes, transfers, disseminates, or exchanges a visual or printed matter that ...
9.68A.055
Sexually explicit images—Forfeiture by minors.
A minor who possesses any depiction or depictions, including any fabricated depiction or depictions, of any other minor engaged in an act of sexually explicit conduct as defined in RCW 9.68A.011 forfeits any right to continued possession of the depiction or depictions and any court exercising jurisdiction over such dep...
9.68A.060
Sending, bringing into state depictions of minor engaged in sexually explicit conduct.
(1)(a) Except as provided in subsections (3) and (4) of this section, a person commits the crime of sending or bringing into the state depictions of a minor engaged in sexually explicit conduct in the first degree when he or she knowingly sends or causes to be sent, or brings or causes to be brought, into this state fo...
9.68A.070
Possession of depictions of minor engaged in sexually explicit conduct.
(1)(a) Except as provided in subsections (3) and (4) of this section, a person commits the crime of possession of depictions of a minor engaged in sexually explicit conduct in the first degree when he or she knowingly possesses a visual or printed matter depicting a minor engaged in sexually explicit conduct as defined...
9.68A.075
Viewing depictions of a minor engaged in sexually explicit conduct.
(1) Except as provided in subsections (5) and (6) of this section, a person who intentionally views over the internet visual or printed matter depicting a minor engaged in sexually explicit conduct as defined in *RCW 9.68A.011 (4) (a) through (e) is guilty of viewing depictions of a minor engaged in sexually explicit c...
9.68A.080
Reporting of depictions of minor engaged in sexually explicit conduct—Civil immunity.
(1) A person who, in the course of processing or producing visual or printed matter either privately or commercially, has reasonable cause to believe that the visual or printed matter submitted for processing or producing depicts a minor engaged in sexually explicit conduct shall immediately report such incident, or ca...
9.68A.090
Communication with minor for immoral purposes—Penalties.
(1) Except as provided in subsection (2) of this section, a person who communicates with a minor for immoral purposes, or a person who communicates with someone the person believes to be a minor for immoral purposes, is guilty of a gross misdemeanor. (2) A person who communicates with a minor for immoral purposes is gu...
9.68A.100
Commercial sexual abuse of a minor—Penalties—Consent of minor does not constitute defense.
(1) A person is guilty of commercial sexual abuse of a minor if: (a) He or she provides anything of value to a minor or a third person as compensation for a minor having engaged in sexual conduct with him or her; (b) He or she provides or agrees to provide anything of value to a minor or a third person pursuant to an u...
9.68A.101
Promoting commercial sexual abuse of a minor—Penalty—Consent of minor does not constitute defense.
(1) A person is guilty of promoting commercial sexual abuse of a minor if he or she knowingly advances commercial sexual abuse or a sexually explicit act of a minor or profits from a minor engaged in sexual conduct or a sexually explicit act. (2) Promoting commercial sexual abuse of a minor is a class A felony. (3) For...
9.68A.102
Promoting travel for commercial sexual abuse of a minor—Penalty—Consent of minor does not constitute defense.
(1) A person commits the offense of promoting travel for commercial sexual abuse of a minor if he or she knowingly sells or offers to sell travel services that include or facilitate travel for the purpose of engaging in what would be commercial sexual abuse of a minor or promoting commercial sexual abuse of a minor, if...
9.68A.103
Permitting commercial sexual abuse of a minor—Penalty—Consent of minor does not constitute defense.
(1) A person is guilty of permitting commercial sexual abuse of a minor if, having possession or control of premises which he or she knows are being used for the purpose of commercial sexual abuse of a minor, he or she fails without lawful excuse to make reasonable effort to halt or abate such use and to make a reasona...
9.68A.105
Additional fee assessment.
(1)(a) In addition to penalties set forth in RCW 9.68A.100 , 9.68A.101 , and 9.68A.102 , an adult offender who is either convicted or given a deferred sentence or a deferred prosecution or who has entered into a statutory or nonstatutory diversion agreement as a result of an arrest for violating RCW 9.68A.100 , 9.68A.1...
9.68A.106
Additional fee assessment—Internet advertisement.
(1) In addition to all other penalties under this chapter, an adult offender convicted of an offense under RCW 9.68A.100 , 9.68A.101 , or 9.68A.102 shall be assessed an additional fee of five thousand dollars per offense when the court finds that an internet advertisement in which the victim of the crime was described ...
9.68A.107
Additional fee assessment—Depiction or image of visual or printed matter.
(1) In addition to penalties set forth in RCW 9.68A.070 , a person who is convicted of violating RCW 9.68A.070 shall be assessed a fee of one thousand dollars for each depiction or image of visual or printed matter that constitutes a separate conviction. (2) Fees assessed under this section shall be collected by the cl...
9.68A.110
Certain defenses barred, permitted.
(1) In a prosecution under RCW 9.68A.040 , it is not a defense that the defendant was involved in activities of law enforcement and prosecution agencies in the investigation and prosecution of criminal offenses. Law enforcement and prosecution agencies shall not employ minors to aid in the investigation of a violation ...
9.68A.120
Seizure and forfeiture of property.(Effective until January 1, 2026.)
The following are subject to seizure and forfeiture: (1) All visual or printed matter that depicts a minor engaged in sexually explicit conduct. (2) All raw materials, equipment, and other tangible personal property of any kind used or intended to be used to manufacture or process any visual or printed matter that depi...
9.68A.130
Recovery of costs of suit by minor.
A minor prevailing in a civil action arising from violation of this chapter is entitled to recover the costs of the suit, including an award of reasonable attorneys' fees. [ 1984 c 262 s 12 .]
9.68A.150
Allowing minor on premises of live erotic performance—Definitions—Penalty.
(1) No person may knowingly allow a minor to be on the premises of a commercial establishment open to the public if there is a live performance containing matter which is erotic material. (2) Any person who is convicted of violating this section is guilty of a gross misdemeanor. (3) For the purposes of this section: (a...
9.68A.170
Criminal proceedings—Depictions of minors engaged in sexually explicit conduct—Restrictions on access.
(1) In any criminal proceeding, any property or material that constitutes a depiction of a minor engaged in sexually explicit conduct, including any fabricated depictions, shall remain in the care, custody, and control of either a law enforcement agency or the court. (2) Despite any request by the defendant or prosecut...
9.68A.180
Criminal proceedings—Depictions of minors engaged in sexually explicit conduct—Sealing, storage, destruction of exhibits.
(1) Whenever a depiction of a minor engaged in sexually explicit conduct, regardless of its format and whether it is a fabricated depiction, is marked as an exhibit in a criminal proceeding, the prosecutor shall seek an order sealing the exhibit at the close of the trial. Any exhibits sealed under this section shall be...
9.68A.190
Criminal proceedings—Depictions of minors engaged in sexually explicit conduct—Depictions distributed to defense counsel or expert witnesses prior to June 7, 2012—Distribution of depictions under color of law not a defense.
Any depiction of a minor engaged in sexually explicit conduct, in any format and including any fabricated depictions, distributed as discovery to defense counsel or an expert witness prior to June 7, 2012, shall either be returned to the law enforcement agency that investigated the criminal charges or destroyed, if the...
9.68A.200
Child rescue fund.
(1) The child rescue fund is created in the custody of the state treasurer. All receipts from fees collected under RCW 9.68A.107 must be deposited into the fund. (2) Only the attorney general for the state of Washington or the attorney general's designee may authorize expenditures from the fund. (3) The attorney genera...
9.68A.912
Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.
For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married person...
9.69.100
Duty of witness of offense against child or any violent offense—Penalty.
(1) A person who witnesses the actual commission of: (a) A violent offense as defined in RCW 9.94A.030 or preparations for the commission of such an offense; (b) A sexual offense against a child or an attempt to commit such a sexual offense; or (c) An assault of a child that appears reasonably likely to cause substanti...
9.72.090
Committal of witness—Detention of documents.
Whenever it shall appear probable to a judge, magistrate, or other officer lawfully authorized to conduct any hearing, proceeding or investigation, that a person who has testified before such judge, magistrate, or officer has committed perjury in any testimony so given, or offered any false evidence, he or she may, by ...
9.73.010
Divulging telegram.
Every person who shall wrongfully obtain or attempt to obtain, any knowledge of a telegraphic message, by connivance with the clerk, operator, messenger, or other employee of a telegraph company, and every clerk, operator, messenger, or other employee of such company who shall willfully divulge to any but the person fo...
9.73.020
Opening sealed letter.
Every person who shall wilfully open or read, or cause to be opened or read, any sealed message, letter or telegram intended for another person, or publish the whole or any portion of such a message, letter or telegram, knowing it to have been opened or read without authority, shall be guilty of a misdemeanor. [ 1909 c...
9.73.030
Intercepting, recording, or divulging private communication—Consent required—Exceptions.
(1) Except as otherwise provided in this chapter, it shall be unlawful for any individual, partnership, corporation, association, or the state of Washington, its agencies, and political subdivisions to intercept, or record any: (a) Private communication transmitted by telephone, telegraph, radio, or other device betwee...
9.73.040
Intercepting private communication—Court order permitting interception—Grounds for issuance—Duration—Renewal.
(1) An ex parte order for the interception of any communication or conversation listed in RCW 9.73.030 may be issued by any superior court judge in the state upon verified application of either the state attorney general or any county prosecuting attorney setting forth fully facts and circumstances upon which the appli...
9.73.050
Admissibility of intercepted communication in evidence.
Any information obtained in violation of RCW 9.73.030 or pursuant to any order issued under the provisions of RCW 9.73.040 shall be inadmissible in any civil or criminal case in all courts of general or limited jurisdiction in this state, except with the permission of the person whose rights have been violated in an ac...
9.73.060
Violating right of privacy—Civil action—Liability for damages.
Any person who, directly or by means of a detective agency or any other agent, violates the provisions of this chapter shall be subject to legal action for damages, to be brought by any other person claiming that a violation of this statute has injured his or her business, his or her person, or his or her reputation. A...
9.73.070
Persons and activities excepted from chapter.
(1) The provisions of this chapter shall not apply to any activity in connection with services provided by a common carrier pursuant to its tariffs on file with the Washington utilities and transportation commission or the Federal Communication Commission and any activity of any officer, agent or employee of a common c...
9.73.080
Penalties.
(1) Except as otherwise provided in this chapter, any person who violates RCW 9.73.030 is guilty of a gross misdemeanor. (2) Any person who knowingly alters, erases, or wrongfully discloses any recording in violation of RCW 9.73.090 (1)(c) is guilty of a gross misdemeanor. [ 2000 c 195 s 3 ; 1989 c 271 s 209 ; 1967 ex....
9.73.090
Certain emergency response personnel exempted from RCW9.73.030through9.73.080—Standards—Court authorizations—Admissibility.
(1) The provisions of RCW 9.73.030 through 9.73.080 shall not apply to police, fire, emergency medical service, emergency communication center, and poison center personnel in the following instances: (a) Recording incoming telephone calls to police and fire stations, licensed emergency medical service providers, emerge...
9.73.095
Intercepting, recording, or divulging offender conversations—Conditions—Notice.
(1) RCW 9.73.030 through 9.73.080 and 9.73.260 shall not apply to employees of the department of corrections in the following instances: Intercepting, recording, or divulging any telephone calls from an offender or resident of a state correctional facility; or intercepting, recording, or divulging any monitored nontele...
9.73.100
Recordings available to defense counsel.
Video and/or sound recordings obtained by police personnel under the authority of RCW 9.73.090 and 9.73.100 shall be made available for hearing and/or viewing by defense counsel at the request of defense counsel whenever a criminal charge has been filed against the subject of the video and/or sound recordings. [ 1970 e...
9.73.110
Intercepting, recording, or disclosing private communications—Not unlawful for building owner—Conditions.
It shall not be unlawful for the owner or person entitled to use and possession of a building, as defined in RCW 9A.04.110 (5), or the agent of such person, to intercept, record, or disclose communications or conversations which occur within such building if the persons engaged in such communication or conversation are...
9.73.130
Recording private communications—Authorization—Application for, contents.
Each application for an authorization to record communications or conversations pursuant to RCW 9.73.090 as now or hereafter amended shall be made in writing upon oath or affirmation and shall state: (1) The authority of the applicant to make such application; (2) The identity and qualifications of the investigative or...
9.73.140
Recording private communications—Authorization of or application for—Inventory, contents, service—Availability of recording, applications, and orders.
Within a reasonable time but not later than thirty days after the termination of the period of the authorization or of extensions or renewals thereof, or the date of the denial of an authorization applied for under RCW 9.73.090 as now or hereafter amended, the issuing authority shall cause to be served on the person na...
9.73.200
Intercepting, transmitting, or recording conversations concerning controlled substances—Findings.
The legislature finds that the unlawful manufacturing, selling, and distributing of controlled substances is becoming increasingly prevalent and violent. Attempts by law enforcement officers to prevent the manufacture, sale, and distribution of drugs is resulting in numerous life-threatening situations since drug deale...
9.73.210
Intercepting, transmitting, or recording conversations concerning controlled substances or commercial sexual abuse of a minor—Authorization—Monthly report—Admissibility—Destruction of information.
(1) If a police commander or officer above the rank of first line supervisor has reasonable suspicion that the safety of the consenting party is in danger, law enforcement personnel may, for the sole purpose of protecting the safety of the consenting party, intercept, transmit, or record a private conversation or commu...
9.73.220
Judicial authorizations—Availability of judge required.
In each superior court judicial district in a county with a population of two hundred ten thousand or more there shall be available twenty-four hours a day at least one superior court or district court judge or magistrate designated to receive telephonic requests for authorizations that may be issued pursuant to this c...
9.73.230
Intercepting, transmitting, or recording conversations concerning controlled substances or commercial sexual abuse of a minor—Conditions—Written reports required—Judicial review—Notice—Admissibility—Penalties.
(1) As part of a bona fide criminal investigation, the chief law enforcement officer of a law enforcement agency or his or her designee above the rank of first line supervisor may authorize the interception, transmission, or recording of a conversation or communication by officers under the following circumstances: (a)...
9.73.240
Intercepting, transmitting, or recording conversations concerning controlled substances—Concurrent power of attorney general to investigate and prosecute.
(1) The attorney general shall have concurrent authority and power with the prosecuting attorneys to investigate violations of RCW 9.73.200 through 9.73.230 or RCW 9.73.090 and initiate and conduct prosecutions of any violations upon request of any of the following: (a) The person who was the nonconsenting party to the...
9.73.260
Pen registers, trap and trace devices, cell site simulator devices.
(1) As used in this section: (a) "Wire communication" means any aural transfer made in whole or in part through the use of facilities for the transmission of communications by the aid of wire, cable, or other like connection between the point of origin and the point of reception, including the use of such connection in...
9.73.270
Collecting, using electronic data or metadata—Cell site simulator devices—Requirements.
The state and its political subdivisions shall not, by means of a cell site simulator device, collect or use a person's electronic data or metadata without (1) that person's informed consent, (2) a warrant, based upon probable cause, that describes with particularity the person, place, or thing to be searched or seized...
9.82.010
Defined—Penalty.
(1) Treason against the people of the state consists in — (a) Levying war against the people of the state, or (b) Adhering to its enemies, or (c) Giving them aid and comfort. (2) Treason is a class A felony and punishable by death. (3) No person shall be convicted for treason unless upon the testimony of two witnesses ...