Washington Criminal Laws: Felony and Misdemeanor Classes, Theft, Self-Defense and Bail

Washington grades felonies as class A, B and C (unless a different maximum is set by a specific statute). Class A felony: confinement in a state correctional institution for a term of life imprisonment, a fine of up to $50,000, or both. Class B felony: up to 10 years, a fine of up to $20,000, or both. Class C felony: up to 5 years, a fine of up to $10,000, or both. These maximums apply to crimes committed on or after July 1, 1984; actual sentences within the maximum are set under the Sentencing Reform Act.

Gross misdemeanor: up to 364 days in the county jail, a fine of up to $5,000, or both. Misdemeanor: up to 90 days in the county jail, a fine of up to $1,000, or both.

Theft becomes a felony when the value exceeds $750. Theft in the third degree (property or services that does not exceed seven hundred fifty dollars in value, or ten or more merchandise pallets or beverage crates): gross misdemeanor. Theft in the second degree (more than $750 but not more than $5,000, other than a firearm or motor vehicle; or a public record or an access device regardless of value): class C felony. Theft in the first degree (more than $5,000, other than a firearm; or property of any value, other than a firearm or motor vehicle, taken from the person of another; or a search and rescue dog on duty; and certain metal property and emergency equipment): class B felony.

No duty to retreat (case law). 'The law is well settled that there is no duty to retreat when a person is assaulted in a place where he or she has a right to be.' A no-duty-to-retreat jury instruction should be given when sufficient evidence supports it. By statute, homicide is justifiable in lawful defense of the slayer, a family member or anyone in the slayer's presence or company when there is reasonable ground to apprehend a design to commit a felony or to do great personal injury and imminent danger of such design being accomplished.

Homicide is justifiable when committed in the actual resistance of an attempt to commit a felony upon the slayer, in his or her presence, or upon or in a dwelling, or other place of abode, in which he or she is. No person in Washington shall be placed in legal jeopardy of any kind whatsoever for protecting by any reasonable means necessary himself or herself, his or her family, or his or her real or personal property, or for coming to the aid of another who is in imminent danger of or the victim of assault, robbery, kidnapping, arson, burglary, rape, murder, or any other violent crime. A person found not guilty by reason of self-defense must be reimbursed by the state for reasonable costs, including loss of time, legal fees and other expenses (the claim must be sustained by a preponderance of the evidence; the judge may deny or reduce the award if the defendant engaged in criminal conduct substantially related to the events).

No limitation (may be prosecuted at any time): murder; homicide by abuse; arson, vehicular homicide, vehicular assault or hit-and-run injury accident if a death results; many rape, child rape, child molestation and sexual misconduct offenses involving minors; sexual exploitation of a minor; trafficking if the victim is under 18; and certain commercial sexual abuse of a minor offenses. 20 years: first- and second-degree rape (where not otherwise unlimited) and indecent liberties. 10 years: felonies by public officers in connection with their duties, arson without death, third-degree rape, attempted murder, trafficking under RCW 9A.40.100, and certain child depiction offenses. 6 years from commission or discovery, whichever is later: certain identity theft, financial fraud, theft by deception, theft from a vulnerable adult and listed tax offenses. 3 years: any other felony. Gross misdemeanors: 2 years after commission. Misdemeanors: 1 year after commission. Periods do not run while the accused is not usually and publicly resident within the state.

If probable cause has not been found, the accused shall be released without conditions. Any person, other than a person charged with a capital offense, shall at the preliminary appearance be ordered released on personal recognizance pending trial unless the court determines that recognizance will not reasonably assure appearance, or there is shown a likely danger that the accused will commit a violent crime, or intimidate or threaten a witness, victim or court employee, tamper with evidence, or violate a protection, no-contact or restraining order. If the court finds the accused is not likely to appear, it must impose the least restrictive conditions that will reasonably assure appearance (such as supervision, travel restrictions, an unsecured bond, a bond with a cash deposit of not more than 10 percent of the bond amount, a surety bond or cash, or electronic monitoring). If the court requires a secured or unsecured bond, it must consider the accused's financial resources. Factors include history of response to legal process, employment and education, family ties, reputation and mental condition, length of residence, criminal record, community members willing to vouch for the accused, and the nature of the charge. On a showing of substantial danger, a bond conditioned on compliance may be imposed only if no less restrictive condition would reasonably assure community safety.

A person is indigent if he or she receives listed public assistance (such as TANF, aged/blind/disabled assistance, Medicaid, SSI, food stamps or refugee resettlement benefits), is involuntarily committed to a public mental health facility, has an annual income after taxes of one hundred twenty-five percent or less of the current federally established poverty level, or has available funds insufficient to pay any amount for counsel. A person who cannot pay the full anticipated cost of counsel but can pay part is 'indigent and able to contribute.' The court or its designee determines indigency at the first contact or as soon as feasible, using a form prescribed by the Office of Public Defense; the ability to post bond or the resources of friends or relatives (other than a non-victim spouse) cannot by themselves bar appointment, and information provided is confidential from the prosecution in the pending case. A person who is indigent and able to contribute must sign a promissory note for the contribution; the statute sets no specific fee.

16 (no single 'age of consent' section). Rape of a child in the third degree: sexual intercourse with a person who is at least fourteen years old but less than sixteen years old, where the perpetrator is at least forty-eight months older than the victim (class C felony). For victims 16 or 17, sexual misconduct with a minor in the first degree applies when the perpetrator is at least sixty months older and is in a significant relationship with the victim and abuses a supervisory position, or is a school employee (students 16 to 21) or a foster parent (class C felony).

Legal for adults 21 or older to possess useable cannabis, cannabis concentrates and cannabis-infused products in amounts that do not exceed those in RCW 69.50.360(3): 1 ounce of useable cannabis, 16 ounces of solid cannabis-infused product, 72 ounces of liquid cannabis-infused product (or 200 milligrams of THC in individually packaged units of no more than 4 milligrams each), and 7 grams of cannabis concentrate. Otherwise, possession of forty grams or less of cannabis is a misdemeanor (and prosecutors and police are encouraged to divert or refer to services); possession of controlled substances generally is a gross misdemeanor.

Washington grades assault in four degrees. Simple assault is assault in the fourth degree, a gross misdemeanor (up to 364 days in jail, a fine up to $5,000, or both). Assault in the third degree, a class C felony (up to 5 years and $10,000), includes assaulting a law enforcement officer on duty and negligently causing bodily harm with a weapon. Assault in the second degree, a class B felony (up to 10 years and $20,000), includes intentionally assaulting someone and recklessly causing substantial bodily harm, assault with a deadly weapon, and strangulation or suffocation. Assault in the first degree, a class A felony (up to life and $50,000), is assault with intent to inflict great bodily harm using a firearm, deadly weapon or force likely to cause great bodily harm or death, or actually inflicting great bodily harm.

Washington has no separate battery offense. Unwanted touching or striking is charged under the assault statutes (assault in the first through fourth degrees); the lowest level, assault in the fourth degree, is a gross misdemeanor punishable by up to 364 days in jail, a fine up to $5,000, or both. There is no separate domestic battery crime; domestic cases are charged as assault with a domestic violence designation.

Domestic violence in Washington is a designation added to an existing crime (such as assault, harassment, malicious mischief, trespass or stalking) when it is committed by a family or household member or an intimate partner, including spouses, former spouses, people with a child in common, and current or former dating partners age 16 or older; it is not a separate crime. Fourth-degree assault (normally a gross misdemeanor, up to 364 days and $5,000) becomes a class C felony (up to 5 years and $10,000) when domestic violence against an intimate partner is pleaded and proven and the person has two or more prior adult convictions within ten years for repetitive domestic violence offenses, harassment, or first- to third-degree assault. Assault by strangulation or suffocation is second-degree assault, a class B felony (up to 10 years and $20,000).

Washington has no separate basic shoplifting crime; taking store merchandise is charged as theft. Theft of property worth $750 or less is theft in the third degree, a gross misdemeanor (up to 364 days in jail and a fine up to $5,000). It becomes retail theft with special circumstances, a class C felony even at the third-degree value level, when the person leaves through an emergency exit to commit the theft, carries a tool designed to defeat store security (such as a lined bag or tag remover), or committed theft at three or more separate stores within 180 days. Under the civil shoplifting statute, an adult shoplifter owes the store its actual damages, a penalty up to the retail value of the goods (not more than $2,850), an additional penalty of $100 to $650, and reasonable attorney's fees and court costs; for a minor, the custodial parent or guardian is liable (retail value penalty up to $1,425, plus $100 to $650).

Burglary is entering or staying unlawfully in a building with intent to commit a crime inside. Second-degree burglary (a building other than a vehicle or dwelling) is a class B felony (up to 10 years and $20,000), and residential burglary (a dwelling) is also a class B felony but is treated as more serious for sentencing. First-degree burglary, a class A felony (up to life and $50,000), applies when the burglar or an accomplice is armed with a deadly weapon or assaults someone during the entry, inside, or in immediate flight. Robbery (taking property from a person by force or threat) is second-degree robbery, a class B felony; it is first-degree robbery, a class A felony, when the robber is armed with a deadly weapon, displays what appears to be a firearm or deadly weapon, inflicts bodily injury, or robs a financial institution.

Vandalism is called malicious mischief in Washington: knowingly and maliciously damaging someone else's property. Damage over $5,000 is first-degree malicious mischief, a class B felony (up to 10 years and $20,000); damage over $750 is second-degree, a class C felony (up to 5 years and $10,000); other damage is third-degree, a gross misdemeanor (up to 364 days and $5,000). Graffiti (writing, painting or drawing any mark on another's building, structure or property without the owner's express permission) is included in third-degree malicious mischief, a gross misdemeanor, unless the damage reaches the higher degrees.

Criminal trespass in the first degree is knowingly entering or remaining unlawfully in a building; it is a gross misdemeanor (up to 364 days in jail and a fine up to $5,000). Criminal trespass in the second degree is knowingly entering or remaining unlawfully on someone else's premises (such as land) in circumstances that are not first-degree trespass; it is a misdemeanor (up to 90 days and $1,000). Unlawfully entering a dwelling with intent to commit a crime inside is residential burglary, a felony.

Knowingly possessing a controlled substance without a valid prescription is a gross misdemeanor in Washington, not a felony. The maximum is 180 days in jail, a fine up to $1,000, or both; with two or more prior possession convictions occurring after July 1, 2023, the maximum rises to 364 days. Prosecutors are encouraged to divert these cases for assessment, treatment or other services, and police are encouraged to offer referral to assessment and services instead of jail booking. Paraphernalia: using paraphernalia for controlled substances other than cannabis, or delivering it, is a misdemeanor (a gross misdemeanor for an adult delivering to a minor at least three years younger); the statute does not make simple possession of paraphernalia a crime, and adults may possess sterile syringes.

A driver in a crash that injures or kills someone, or damages an attended vehicle or other property, must stop, give identifying information, and render reasonable help to anyone injured. Leaving the scene of a crash that results in death is a class B felony (up to 10 years and $20,000), and of a crash resulting in injury is a class C felony (up to 5 years and $10,000). Failing to stop for a crash that damages only an attended vehicle or other property is a gross misdemeanor (up to 364 days and $5,000). The license must be revoked on conviction. Hitting an unattended vehicle or roadside property without leaving a note or notifying the owner is a misdemeanor.

Reckless driving is driving any vehicle in willful or wanton disregard for the safety of persons or property. It is a gross misdemeanor punishable by up to 364 days in jail and a fine up to $5,000. The Department of Licensing must suspend the driver's license for at least 30 days. A version taking effect January 1, 2029 adds a 150-day probation after the suspension during which the person may drive only a vehicle with an intelligent speed assistance device.

Stalking is intentionally and repeatedly harassing or following someone, contacting or monitoring them after being told to stop, or secretly tracking them with an electronic device, causing substantial emotional distress or reasonable fear. It is a gross misdemeanor (up to 364 days and $5,000) but a class B felony (up to 10 years and $20,000) if the stalker has a prior harassment or stalking conviction, violates a protective order, is armed with a deadly weapon, or targets an officer, judge or other protected official or a witness in retaliation. Harassment (knowingly threatening to injure someone, damage property or restrain someone, causing reasonable fear) is a gross misdemeanor, and a class C felony if it is a threat to kill, follows a prior harassment conviction involving the same victim or family, or targets a criminal justice participant or election official. Cyber harassment (electronic messages meant to harass or intimidate that are obscene, anonymous, repeated or threatening) is a gross misdemeanor with the same class C felony triggers, plus violation of a protective order.

Intentionally preventing or trying to prevent a peace officer from lawfully arresting you is resisting arrest, a misdemeanor (up to 90 days and $1,000). Willfully hindering, delaying or obstructing a law enforcement officer performing official duties is obstructing a law enforcement officer, a gross misdemeanor (up to 364 days and $5,000). Willfully failing to stop for a uniformed officer's signal and driving recklessly while trying to elude a marked police vehicle is attempting to elude a pursuing police vehicle, a class C felony (up to 5 years and $10,000), and the driver's license must be revoked.

Since 2020 Washington has two crimes for missing court. Bail jumping applies when a released person misses a trial date after written notice, or when a person held for or charged with a violent or sex offense misses court or fails to report to jail and then does not move to quash the warrant within 30 days (or has a prior warrant in the same case); it is a class A, B or C felony depending on the underlying charge, or a misdemeanor if the underlying charge is a misdemeanor or gross misdemeanor. In other cases the crime is failure to appear or surrender, which also requires not moving to quash the warrant within 30 days (or a prior warrant in the case): a gross misdemeanor if the underlying charge is a felony and a misdemeanor if it is a misdemeanor or gross misdemeanor. Uncontrollable circumstances are an affirmative defense to both.

For felony sentences, a person who violates a condition may be sanctioned by the court with up to 60 days' confinement per violation, or by the Department of Corrections with up to 30 days, or with alternatives such as work release, electronic home monitoring, work crew, treatment or curfew. If the person is supervised by the Department, the Department handles violations through a structured process: low-level violations can bring non-jail sanctions or up to three days in confinement (appealable), and high-level violations up to 30 days per hearing, after a hearing. If the person is not supervised by the Department, the court holds a show-cause hearing and the state must prove noncompliance by a preponderance of the evidence. Certain sentencing alternatives (such as the drug offender or special sex offender alternatives) can be revoked and the original sentence imposed.

Willfully hindering, delaying or obstructing a law enforcement officer in their duties is a gross misdemeanor (up to 364 days and/or $5,000). Tampering with a witness, trying to get a witness or someone with information to testify falsely, withhold testimony, stay away, or withhold information from police, is a class C felony (up to 5 years). Intimidating a witness, using a threat to try to influence testimony or keep someone from reporting or cooperating, or threatening a former witness, is a class B felony (up to 10 years); each attempt is a separate offense.

Perjury in the first degree, knowingly making a materially false statement under oath in an official proceeding, is a class B felony (up to 10 years and/or $20,000). Perjury in the second degree, a materially false sworn statement in an insurance examination or meant to mislead a public servant, is a class C felony (up to 5 years). False swearing, any knowingly false statement under an oath required or authorized by law, is a gross misdemeanor (up to 364 days and/or $5,000).

Washington does not treat being drunk in public as a crime at the local level: no county or city may adopt or enforce a law that makes drinking, having a substance use disorder, or being found intoxicated an element of a criminal or civil offense, and they may not use general laws to get around this. Laws against impaired driving and rules on where, when and by whom alcohol may be sold, possessed or used still apply.

Disorderly conduct covers using abusive language that intentionally creates a risk of assault, intentionally disrupting a lawful meeting or blocking vehicle or pedestrian traffic without authority, and fighting, tumultuous conduct or unreasonable noise within 500 feet of a funeral, burial, viewing or memorial service when the person knows it affects the event. It is a misdemeanor: up to 90 days in jail and/or a $1,000 fine.

Indecent exposure, intentionally making an open and obscene exposure of oneself or another person knowing it is likely to cause reasonable affront or alarm, is a misdemeanor (up to 90 days and/or $1,000). It is a gross misdemeanor on a first offense if the exposure is to a child under 14, and a class C felony (up to 5 years) if the person has a prior indecent exposure conviction or a prior sex offense conviction. Breastfeeding or expressing breast milk is not indecent exposure.

Prostitution, a person 18 or older engaging in, agreeing to or offering sexual conduct for a fee, is a misdemeanor (up to 90 days and/or $1,000). Buying sex, called patronizing a prostitute (paying, agreeing to pay, or soliciting someone for sexual conduct for a fee), is also a misdemeanor, and it can be prosecuted where the message was sent or where it was received.

Washington law limits and strictly regulates gambling but authorizes bingo, raffles, amusement games, punchboards, pull-tabs, card games and other social pastimes run under the Gambling Act, and sports wagering run by federally recognized tribes on Indian lands under amended tribal-state gaming compacts. Transmitting or receiving gambling information by phone, internet or similar means (for example, illegal online betting) is a class C felony unless it relates to authorized activity such as compact sports wagering. Professional gambling in the third degree, including running unlicensed gambling, is a gross misdemeanor.

Washington charges embezzlement as theft. 'Exerting unauthorized control' includes an employee, agent, servant, trustee, executor, guardian, public officer or similar person keeping or using property in their care for themselves or someone other than the owner. Theft is graded by value: over $5,000 is theft in the first degree, a class B felony (up to 10 years); over $750 up to $5,000 is second degree, a class C felony (up to 5 years); $750 or less is third degree, a gross misdemeanor.

Identity theft is knowingly obtaining, possessing, using or transferring another person's (living or dead) means of identification or financial information with intent to commit any crime. It is identity theft in the first degree, a class B felony (up to 10 years), if the person obtains more than $1,500 in credit, money, goods or services or knowingly targets a senior or vulnerable individual; otherwise it is identity theft in the second degree, a class C felony (up to 5 years).

Forgery, falsely making, completing or altering a written instrument (or possessing or passing one) with intent to injure or defraud, is a class C felony: up to 5 years and/or a $10,000 fine. Writing a bad check (with intent to defraud, knowing there are insufficient funds) is a class C felony if over $750, and a gross misdemeanor if $750 or less, with mandatory full restitution and a fine of which part cannot be suspended.

Extortion is knowingly obtaining or trying to obtain property or services (including sexual favors) by threat. Extortion in the first degree, using threats of future bodily injury, physical damage to someone else's property, or physical confinement or restraint, is a class B felony (up to 10 years); extortion in the second degree, using other threats such as accusing someone of a crime, exposing a secret, revealing information the person wants hidden, or wrongful official action, is a class C felony (up to 5 years). Coercion, using a threat to make someone do or not do something they have a legal right to choose, is a gross misdemeanor.

First-degree murder is a killing with premeditated intent, a killing under circumstances showing extreme indifference to human life, or a death during first- or second-degree robbery, rape, kidnapping, first-degree burglary or first- or second-degree arson (felony murder); it is a class A felony and the statute provides a life sentence. Aggravated first-degree murder is punished by life without release or parole (for offenders under 18, a minimum of 25 years up to life). Second-degree murder (intentional but not premeditated, or a death during any other felony, including assault) is a class A felony (up to life and $50,000). Homicide by abuse of a child under 16 or a dependent person after a pattern of abuse is also a class A felony.

First-degree manslaughter (recklessly causing a death) is a class A felony (up to life and $50,000). Second-degree manslaughter (causing a death with criminal negligence) is a class B felony (up to 10 years and $20,000). Vehicular homicide (a death within three years caused by driving while impaired, recklessly, or with disregard for others' safety) is a class A felony, with two years added to the sentence for each prior DUI-type offense when the driver was impaired.

Washington calls child neglect 'criminal mistreatment' by a parent or caretaker who, with criminal negligence, withholds the basic necessities of life: first degree (causing great bodily harm) is a class B felony (up to 10 years); second degree (creating an imminent and substantial risk of death or great bodily harm, or causing substantial bodily harm) is a class C felony (up to 5 years); third degree (creating an imminent and substantial risk of substantial bodily harm) is a gross misdemeanor (up to 364 days and $5,000). Knowingly letting a dependent child be exposed to methamphetamine or its manufacturing chemicals (endangerment with a controlled substance) is a class B felony.

First-degree arson (knowingly and maliciously causing a fire or explosion that is manifestly dangerous to human life, damages a dwelling, occurs in an occupied building, or targets property worth $10,000 or more for insurance money) is a class A felony (up to life). Second-degree arson (knowingly and maliciously damaging any building, vehicle, crop, timber or other property by fire) is a class B felony (up to 10 years). First-degree reckless burning (recklessly damaging a building, vehicle or crops by knowingly causing a fire) is a class C felony, and second-degree reckless burning (recklessly endangering such property) is a gross misdemeanor.

First-degree animal cruelty (intentionally inflicting substantial pain, injury or death by means causing undue suffering, starving, dehydrating or suffocating an animal or exposing it to extreme heat or cold with criminal negligence causing considerable suffering or death, or sexual conduct with an animal) is a class C felony (up to 5 years and $10,000). Second-degree cruelty (inflicting unnecessary pain or suffering, or an owner failing to provide food, water, shelter or medical care, or abandoning an animal) is a gross misdemeanor. A conviction bars owning, caring for or living with animals for two years (second degree, first conviction) or permanently (first degree, animal fighting, or any second conviction).

Yes. Disclosing intimate images (knowingly disclosing an intimate image obtained under circumstances where it was to remain private, knowing the person did not consent and that disclosure would cause harm) is a gross misdemeanor for a first offense (up to 364 days and $5,000) and a class C felony with a prior conviction. A minor is guilty only if the disclosure was intentional and malicious. Victims may also sue under the state's civil remedies act for actual damages or statutory damages up to $10,000, punitive damages, attorney's fees and an injunction; it also covers fabricated (deepfake) intimate images.

Cyber harassment (with intent to harass or intimidate, sending an electronic communication that is lewd or obscene, is repeated or anonymous, or threatens injury or property damage) is a gross misdemeanor (up to 364 days and $5,000). It becomes a class C felony (up to 5 years) with a prior harassment conviction involving the same victim, a threat to kill, a violation of a protective order, or harassment of a criminal justice participant or election official over their duties.

Washington has separate, lower-level crimes for minors. A person under 18 who knowingly shares a sexually explicit image of another minor 13 or older commits 'minor dealing in depictions' in the first degree, a gross misdemeanor, or second degree, a misdemeanor, depending on the content; sharing images of a child 12 or younger, or financing or selling images of another minor, is a class B felony. A minor who sells an image of himself or herself commits a misdemeanor, and the law does not apply to minors who create, share or possess images of only themselves (other than selling).

Washington does not grade money laundering by amount. Conducting or attempting a financial transaction involving proceeds of specified unlawful activity is money laundering when the person knows the property is such proceeds, knows the transaction is designed to conceal or disguise the proceeds' nature, source or ownership, or knows it is designed to avoid a federal reporting requirement; it is a class B felony (up to 10 years and $20,000).

Trafficking in the second degree (recruiting, harboring, transporting, obtaining or buying a person knowing or recklessly disregarding that force, fraud or coercion will be used to make the person perform forced labor, involuntary servitude or a sexually explicit or commercial sex act, or causing a minor to engage in a sex act, or profiting from such a venture) is a class A felony. Trafficking in the first degree (the same conduct involving kidnapping, sexual motivation, organ harvesting, or a death) is also a class A felony (up to life and $50,000). When the victim is a minor, force, fraud or coercion need not be proven and consent is no defense.

A pedestrian crossing anywhere other than a marked crosswalk or an unmarked crosswalk at an intersection must yield to all vehicles; between adjacent signalized intersections pedestrians may cross only in a marked crosswalk, diagonal crossing is allowed only where a traffic device permits, and pedestrians may not cross at an unmarked crosswalk where a sign forbids it or suddenly step into the path of a vehicle. These rules do not apply on designated 'shared streets.' Pedestrian violations are traffic infractions (civil), not crimes.

It is a traffic infraction for anyone, driver or passenger, to drink alcohol in a vehicle on a highway, or to possess an opened alcohol container while in the vehicle. The registered owner (or the driver if the owner is not present) commits an infraction by keeping an open container in the vehicle unless it is in the trunk or another area not normally occupied by the driver or passengers. Chartered buses, motor-home living quarters, and passengers in licensed for-hire vehicles are generally exempt.

It is a gross misdemeanor (up to 364 days and $5,000) for anyone under 21 to possess, consume or otherwise acquire alcohol, and an offense to be in public showing the effects of drinking; drinking given by a parent or guardian in their presence (not in a licensed establishment) is exempt. An 18-to-20-year-old who buys or tries to buy alcohol commits a misdemeanor with a minimum $250 fine. Possessing or using someone else's ID card is a misdemeanor with a minimum $250 fine and 25 hours of community restitution. For juveniles 13 to 17, a conviction (other than most first offenses) leads to a driver's license revocation of one year (or until age 17), two years for a repeat.

Driving while license suspended or revoked (DWLS) has three degrees. First degree (a habitual traffic offender driving while revoked) is a gross misdemeanor with mandatory jail of at least 10 days, 90 days and 180 days for first, second and later convictions. Second degree (driving while not eligible to reinstate, for example after a DUI-related or prior DWLS suspension) is a gross misdemeanor. Third degree (suspended only for reasons such as unpaid tickets, failure to appear, no proof of insurance, or child support, or while eligible to reinstate) is a misdemeanor (up to 90 days and $1,000).

Driving without a valid Washington license is a misdemeanor (up to 90 days and $1,000). It is only a traffic infraction with a $250 penalty, cut to $50 if the person later gets a license, when the driver shows an expired license or other valid ID at the stop and is not suspended or revoked. Licensed drivers must carry their license and show it to police on demand.

Making, selling or possessing a spring-blade (switchblade) or gravity knife, or furtively carrying a concealed dagger, dirk or other dangerous weapon, is a gross misdemeanor; assisted-opening knives with a bias toward closure are not spring-blade knives. Carrying, displaying or drawing any knife or other cutting instrument in a manner that shows intent to intimidate or warrants alarm for others' safety is a gross misdemeanor (except at home, at one's business, or in self-defense). Possessing such dangerous weapons on K-12 school premises or school transportation is a misdemeanor (gross misdemeanor for a repeat).

Consumer fireworks may be sold June 28 through July 5 and December 27 through 31 (set hours each day), and set off June 28 through July 5 (to midnight on July 4) and from 6 p.m. December 31 to 1 a.m. January 1. Sky rockets, missile-type rockets, firecrackers, salutes and chasers may not be sold to the public as consumer fireworks. Cities and counties may limit or ban sale and use, but stricter local ordinances take effect no sooner than one year after adoption. Possessing illegal fireworks is a misdemeanor under one pound and a gross misdemeanor at one pound or more; reckless discharge creating a substantial risk of death, serious injury or property damage is a gross misdemeanor.

Kidnapping in the first degree (intentionally abducting someone to hold for ransom or as a shield or hostage, to help commit a felony or escape, to injure them, to inflict extreme mental distress, or to interfere with a government function) is a class A felony (up to life and a $50,000 fine). Kidnapping in the second degree (any other intentional abduction) is a class B felony (up to 10 years and $20,000), or class A with a finding of sexual motivation; a relative trying only to take custody without deadly force has a defense. Unlawful imprisonment (knowingly restraining another person) is a class C felony (up to 5 years and $10,000).

Washington charges threats mainly as harassment: knowingly threatening, without lawful authority, to injure someone now or later, damage another person's property, confine or restrain someone, or otherwise substantially harm their health or safety, when words or conduct (including electronic messages) put the person in reasonable fear the threat will be carried out. It is a gross misdemeanor (up to 364 days and $5,000). It becomes a class C felony (up to 5 years) if the threat is to kill, if the person has a prior harassment conviction involving the same victim or family or someone named in a no-contact order, or if the target is a criminal justice participant or election official threatened over their official duties.

Theft of a motor vehicle is a class B felony (up to 10 years and $20,000) regardless of value, and so is possessing a stolen motor vehicle. Taking a motor vehicle without permission (joyriding), or knowingly riding in one that was unlawfully taken, is taking a motor vehicle without permission in the second degree, a class C felony (up to 5 years). It is first degree, a class B felony, if the person also changes the vehicle's appearance or VIN, strips parts to sell, exports it for profit, intends to sell it, or is part of a vehicle-theft-for-profit conspiracy or recruited a juvenile.

Washington calls this possessing stolen property: knowingly receiving, keeping, possessing, hiding or disposing of property known to be stolen and withholding it from the owner. It is first degree, a class B felony (up to 10 years), over $5,000 or for critical firefighter or EMS equipment; second degree, a class C felony (up to 5 years), over $750 up to $5,000, or for a stolen public record or access device; and third degree, a gross misdemeanor (up to 364 days), at $750 or less. Stolen firearms and stolen motor vehicles are separate class B felonies. It is no defense that the thief was never caught or convicted.

Organized retail theft covers stealing or possessing at least $750 of stolen property from a store with an accomplice, stealing at least $750 total from one or more stores within 180 days, or stealing at least $750 with six or more accomplices after using electronic messages to recruit participants. It is a class B felony (up to 10 years) at $5,000 or more and a class C felony (up to 5 years) at $750 to under $5,000, and thefts over 180 days can be added together into one count. A separate offense, retail theft with special circumstances (using an emergency exit, carrying booster bags or tag removers, or stealing from three or more stores within 180 days), is a class B or class C felony depending on the amount.

Manufacturing, delivering, or possessing with intent to manufacture or deliver a controlled substance is a felony. For Schedule I or II narcotics (such as heroin and fentanyl) and for methamphetamine or amphetamine, it is a class B felony with up to 10 years in prison and a fine up to $25,000, or a higher fine scale if the crime involved two kilograms or more; methamphetamine carries a $3,000 fine that cannot be suspended. Other Schedule I, II and III drugs and Schedule IV and V drugs are class C felonies (up to 5 years). Licensed cannabis activity is exempt.

Obtaining or trying to obtain a controlled substance by fraud, deceit, misrepresentation or subterfuge, by forging or altering a prescription, by hiding a material fact, or by using a false name or address is a class C felony, punishable by up to two years in prison and a $2,000 fine, or both. The same applies to making or passing forged prescriptions, possessing a false prescription to obtain drugs, posing as a doctor or pharmacist, and giving more than one name to a practitioner to get a prescription. Statements made to a practitioner to obtain drugs unlawfully are not privileged.

Vehicular assault is driving any vehicle and causing substantial bodily harm to another person while driving recklessly, while under the influence of alcohol or drugs, or with disregard for the safety of others. It is a class B felony (up to 10 years and a $20,000 fine).

Racing a motor vehicle on a public highway or off-street facility, meaning willfully comparing or contesting speeds or demonstrating speed, maneuverability or power (including 'drifting'), is reckless driving, whether or not the speed limit is exceeded. Reckless driving is a gross misdemeanor punishable by up to 364 days in jail and a $5,000 fine, and the driver's license is suspended for at least 30 days. People who knowingly aid and abet racing can be prosecuted as accomplices.

Operating a vessel while under the influence of alcohol, cannabis or any drug is a gross misdemeanor (up to 364 days and $5,000). A person is considered under the influence with an alcohol concentration of 0.08 or higher, or a THC concentration of 5.00 or higher, within two hours of operating, or when affected by alcohol, cannabis or drugs. Operating a vessel recklessly is a misdemeanor, and the court may order restitution for damage or injuries. A legal right to use the drug is not a defense.

Knowingly presenting a false or fraudulent insurance claim, or preparing or signing false documents to support one, is a gross misdemeanor (up to 364 days and $5,000), and a class C felony (up to 5 years and $10,000) if the claim exceeds $1,500. Paying or accepting payment for referring claimants to service providers, or regularly waiving insurance deductibles, is 'trafficking in insurance claims,' a gross misdemeanor for one violation and a class C felony for each later violation.

Getting or trying to get public assistance (including medical care and food stamp/SNAP benefits) by willful false statements, impersonation, or willfully failing to report income, resources, household or other changes is theft in the first degree under the welfare law, punishable by up to 15 years in prison. Knowingly giving false information or withholding required information under the unemployment insurance law is a misdemeanor, with a fine of $20 to $250 or up to 90 days in jail, and other crimes (such as theft) can also be charged.

Offering or giving a public servant any financial benefit to secure a particular result in their official vote, opinion, judgment or action, or a public servant asking for or accepting one on that understanding, is bribery, a class B felony (up to 10 years and $20,000). A public servant who asks to be paid for an official act they must perform for free (or for less) commits requesting unlawful compensation, a class C felony. Commercial bribery (paying an agent, employee, fiduciary, professional adviser, officer or referee to violate a duty of trust, or an insurer's employee taking money to steer claimants to providers) is also a class B felony.

Washington has no state personal income tax; its criminal tax law covers excise taxes such as business and occupation and sales tax. Filing a false or fraudulent return, or a false statement in a return, with intent to defraud the state or evade tax is a class C felony (up to 5 years and $10,000), as is doing business after a registration is revoked. Helping another person evade tax, doing business without registering, or refusing to let the Department of Revenue examine records is a gross misdemeanor, and knowingly swearing to a false return is also perjury in the second degree.

Washington uses rape in the first, second and third degree. First-degree rape (forcible intercourse with a weapon, kidnapping, serious injury or a felonious entry, or after secretly drugging the victim) and second-degree rape (forcible intercourse, a victim who is physically helpless or mentally incapacitated, or abuse by a caregiver, health care provider or supervisor of a vulnerable person) are class A felonies (up to life and/or $50,000). For these, the court sets a minimum term and a maximum of life, and the Indeterminate Sentence Review Board decides release. Third-degree rape (intercourse without consent, or with a threat to the victim's property rights) is a class C felony (up to 5 years and/or $10,000). For age-based offenses see the age-of-consent page.

Rape of a child in the first degree (intercourse with a child under 12 by someone at least 2 years older) and second degree (a child 12 or 13, by someone at least 3 years older) are class A felonies (up to life), sentenced with a minimum term and a life maximum for adults; a predatory finding raises the minimum to at least 25 years. Third degree (a child 14 or 15, by someone at least 4 years older) is a class C felony (up to 5 years). Child molestation (sexual contact) is a class A felony for a child under 12, class B (up to 10 years) for a child 12 or 13, and class C for a child 14 or 15, with similar age-gap requirements.

Washington's law refers to depictions of a minor engaged in sexually explicit conduct. Knowingly possessing such material is a class B felony (up to 10 years and/or $20,000) in both degrees; in first degree each image is a separate offense. An adult dealing in it (publishing, sharing, exchanging, selling or possessing it to distribute) or bringing it into the state for sale or distribution commits a class B felony. Sexual exploitation of a minor (compelling, causing or permitting a minor to engage in sexually explicit conduct to be photographed or performed) is a class B felony. The possession and import laws do not apply to minors with images of other minors 13 or older, or to children under 13 with images of themselves.

Yes. Communicating with a minor, or someone believed to be a minor, for immoral (sexual) purposes is a gross misdemeanor (up to 364 days and/or $5,000), but it is a class C felony (up to 5 years and/or $10,000) if done through electronic communication, including for commercial sex or sex trafficking, or if the person has a prior conviction for this crime or a felony sex offense.

Adults convicted of a sex or kidnapping offense (and certain juveniles, such as 16- and 17-year-olds with class A or B sex offenses) must register with the county sheriff where they live, work or study. For adults, registration lasts indefinitely for a class A felony or any repeat sex or kidnapping offense, and for out-of-state convictions; it ends 15 years after release for a class B felony and 10 years for a class C felony (or communicating with a minor), if the person spends that time in the community without a disqualifying offense. Juvenile registration generally ends after 2 or 3 years. Failing to register for a felony sex offense is a class C felony (up to 5 years), a class B felony (up to 10 years) after two prior felony convictions, and a gross misdemeanor for non-felony offenses or juvenile registrants.

Possessing a firearm after a conviction for a 'serious offense' (as defined by statute, generally violent and other major felonies) is unlawful possession of a firearm in the first degree, a class B felony (up to 10 years and/or $20,000). After any other felony conviction, or listed domestic violence and other misdemeanors, possession is second-degree unlawful possession, a class C felony (up to 5 years and/or $10,000). The ban does not apply if the conviction was pardoned, annulled or covered by a certificate of rehabilitation based on rehabilitation or innocence. Each firearm is a separate offense.

Intentionally accessing someone's computer system or database without authorization is computer trespass in the second degree, a gross misdemeanor (up to 364 days and/or $5,000); it is first degree, a class C felony (up to 5 years and/or $10,000), if done to commit another crime or if the system belongs to a government agency. Maliciously disrupting access to a data network (such as a denial-of-service attack), introducing malware to defraud, extort or gain control (first-degree electronic data tampering, which covers ransomware-type conduct), and stealing electronic data to defraud are each class C felonies.

All-party consent. It is unlawful to record or intercept a private phone call or a private in-person conversation without the consent of all participants; consent is treated as given if one party announces to everyone that the conversation is being recorded and the announcement is itself recorded. One-party consent is allowed for emergency calls and for calls conveying threats of extortion, blackmail or bodily harm, or that are anonymous, repeated or at very inconvenient hours. A violation is a gross misdemeanor (up to 364 days and/or $5,000).

Knowingly making a false report or warning likely to cause an evacuation, public alarm or an emergency response is false reporting in the third degree, a gross misdemeanor (up to 364 days and/or $5,000). If made with reckless disregard for others' safety and the emergency response causes substantial bodily harm, it is second degree, a class C felony (up to 5 years); if someone dies, it is first degree, a class B felony (up to 10 years); this covers swatting. Knowingly making a false or misleading material statement to a public servant such as a police officer is a gross misdemeanor.

Yes. Washington has a separate hate crime offense: maliciously and intentionally assaulting someone, damaging their property, or threatening them in a way that causes reasonable fear, in whole or in part because of their perceived race, color, religion, ancestry, national origin, gender, sexual orientation, gender expression or identity, or mental, physical or sensory disability, is a class C felony (up to 5 years and/or $10,000). Certain acts such as cross burning, Nazi symbols, nooses or defacing religious property allow an inference of intent to threaten. The statute limits when words alone can count as a threat.

Washington ended parole for most felonies committed on or after July 1, 1984; instead, people serve 'community custody' supervised by the Department of Corrections. For violations, the department uses a structured process: low-level violations get non-jail sanctions or up to 3 days in jail, and high-level violations up to 30 days per hearing, after a hearing; the court may also impose up to 60 days per violation. A person serving an indeterminate sex offense sentence, or released early to community custody, may be returned to confinement for up to the rest of the sentence.

Knowingly violating a domestic violence, sexual assault, stalking or vulnerable adult protection order (or a similar criminal no-contact or family court order) by contact, threats, coming within a prohibited distance or entering an excluded place is a gross misdemeanor (up to 364 days and/or $5,000), and the court may order electronic monitoring. It is a class C felony (up to 5 years and/or $10,000) if the violation involves an assault short of first or second degree, reckless conduct creating a risk of death or serious injury, or if the person has two prior convictions for violating such orders.

Adult court has automatic, exclusive jurisdiction over 16- and 17-year-olds charged with a serious violent offense, first-degree rape of a child, or a violent offense with a qualifying prior record (though the parties can agree to keep the case in juvenile court). Otherwise, a juvenile court may 'decline' jurisdiction after a hearing for a 15- to 17-year-old charged with a serious violent offense, a child 14 or younger charged with first- or second-degree murder, or a youth already serving a juvenile sentence to age 21 who commits custodial assault or escape. The judge transfers the case only on finding it is in the best interest of the juvenile or the public, with written findings.

Washington law no longer provides a death sentence. Aggravated first degree murder, the most serious crime, is punished by life imprisonment without possibility of release or parole, and the sentence may not be suspended, deferred or commuted by a judge or reduced by the sentence review board. An offender who was under 18 at the time must receive a maximum of life with a minimum term of at least 25 years. The legislature removed the death-sentence provision in 2023 (chapter 102, Laws of 2023).

For a Washington felony conviction, the right to vote is restored automatically as long as the person is not serving a sentence of total confinement under the Department of Corrections, so people on community custody (parole or probation) can vote. For a federal or other-state felony, the right is restored automatically once the person is no longer incarcerated. A person whose voting right was suspended must reregister before voting. Confinement as a sanction for a community custody violation does not count as total confinement.

Voting rights return automatically when a person is no longer in total confinement under the Department of Corrections. Other civil rights, such as serving on a jury, return with a certificate of discharge, which the sentencing court issues once all sentence requirements, including all legal financial obligations, are completed; a person may also move the court for a certificate, and in some cases may get one after verifying completion of the nonfinancial conditions, effective at a later date. A person with a felony conviction cannot serve on a jury until civil rights are restored. Firearm rights are separate: the felony ban ends only with a pardon, annulment or certificate of rehabilitation based on rehabilitation or innocence, or by petition.

Washington's 'persistent offender' (three strikes) law requires life in prison without the possibility of release for an offender convicted of a 'most serious offense' who has at least two prior separate convictions for most serious offenses (in Washington or elsewhere). A two-strikes rule applies to certain sex offenses: a conviction for first or second degree rape, first or second degree rape of a child, first degree child molestation, indecent liberties by forcible compulsion, or listed violent crimes with sexual motivation, after one prior conviction for such an offense, also brings life without release. Persistent offenders are not eligible for early release programs.

Since July 23, 2023, Washington law treats any product meant to be consumed or inhaled that contains any detectable amount of THC as a 'cannabis product', so only licensed cannabis retailers may sell it. The Liquor and Cannabis Board says it is illegal for unlicensed stores to sell products with any detectable THC, including hemp-derived and synthetic THC such as delta-8 THC, and that such products sold online from other states are still considered illegal. Cannabis health and beauty aids and FDA-approved hemp products (such as hemp seed oil) are exempt.

Psilocybin and psilocyn are Schedule I hallucinogens in Washington. Knowingly possessing a controlled substance without a prescription, or using one in public, is a gross misdemeanor punishable by up to 180 days in jail and/or a $1,000 fine, or up to 364 days after two or more prior convictions under this rule after July 1, 2023. Prosecutors are encouraged to divert these cases, and police are encouraged to refer people to assessment and services instead of booking them.

Hemp CBD products in Washington may be sold outside cannabis stores only if they contain no detectable THC: a 'hemp consumable' is a hemp product meant to be eaten, inhaled or otherwise taken into the body that is not a 'cannabis product', and any such product with a detectable amount of THC is a cannabis product that only licensed cannabis retailers may sell. Hemp itself means plant material with no more than 0.3% delta-9 THC. Licensed cannabis producers and processors may add tested CBD products from unlicensed sources to raise the CBD content of cannabis products, if the additive is not cannabis or a synthetic cannabinoid.

The minimum age to buy tobacco, alternative nicotine and vapor products in Washington is 21; selling or giving them to anyone under 21 is a gross misdemeanor (up to 364 days and/or $5,000). A person under 18 who buys, tries to buy or possesses cigarettes, tobacco or vapor products commits a class 3 civil infraction and may be required to do up to four hours of community service and be referred to a free smoking cessation program.

Washington's 'criminal mistreatment' crimes apply to caregivers of a 'dependent person' (someone who, because of disability or extreme advanced age, depends on others for the basic necessities of life; nursing home and adult family home residents and frail elders or vulnerable adults are presumed dependent). Withholding necessities that causes great bodily harm is first degree, a class B felony (up to 10 years); lower degrees range from a class C felony to a gross misdemeanor and a misdemeanor. Theft from a vulnerable adult is a class B felony over $5,000 and a class C felony (up to 5 years) over $750 up to $5,000, if the defendant knew or should have known the victim was a vulnerable adult.

Voyeurism in the first degree (knowingly viewing, photographing or filming someone for sexual gratification without their knowledge and consent where they expect privacy, or filming their intimate areas under such circumstances) is a class C felony (up to 5 years and/or $10,000). Voyeurism in the second degree (secretly photographing or filming someone's intimate areas with intent to distribute the images) is a gross misdemeanor and is not a sex offense for sentencing or sex offender registration.

Simple assault in Washington is fourth degree assault, a gross misdemeanor (up to 364 days and/or $5,000). Assaulting a law enforcement officer who is performing official duties is assault in the third degree, a class C felony (up to 5 years and/or $10,000). More serious attacks are charged as second degree (class B) or first degree (class A) assault regardless of the victim.