Washington criminal charge
Cyber harassment in Washington
Current through 2026 Washington legislative session
Cyber harassment is a criminal offense under Washington law, defined by RCW 9A.90.120. Its classification is not fixed: Washington assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by RCW 9A.90.120.
What is the penalty for cyber harassment in Washington?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 364 days (Cyber harassment — base offense — Applies to cyber harassment generally, except where the felony provisions of (2)(b) apply.; statutory maximum, county jail (RCW 9A.20.021(2)); offenses outside Title 9A carry the same default under RCW 9.92.020 unless the offense fixes its own penalty) | discretionary | RCW 9A.20.021 |
| Fine | up to $5,000 (Cyber harassment — base offense — Applies to cyber harassment generally, except where the felony provisions of (2)(b) apply.; statutory maximum, adult offenders (RCW 9A.20.021(5))) | discretionary | RCW 9A.20.021 |
| Jail / prison | up to 5 years (Cyber harassment — prior harassment conviction — Applies when the person has previously been convicted in this or any other state of any crime of harassment against the same victim, victim's family/household, or a person named in a no-contact or no-harassment order.; statutory maximum (RCW 9A.20.021(1)(c)); the sentence actually imposed is set by the Sentencing Reform Act standard range (RCW 9.94A.510) from the offense's seriousness level and the defendant's offender score) | discretionary | RCW 9A.20.021 |
| Fine | up to $10,000 (Cyber harassment — prior harassment conviction — Applies when the person has previously been convicted in this or any other state of any crime of harassment against the same victim, victim's family/household, or a person named in a no-contact or no-harassment order.; statutory maximum, adult offenders (RCW 9A.20.021(5)); unless a different maximum is specifically established by statute) | discretionary | RCW 9A.20.021 |
| Jail / prison | up to 5 years (Cyber harassment — threat to kill — Applies when the person cyber harasses another by threatening to kill the person threatened or any other person.; statutory maximum (RCW 9A.20.021(1)(c)); the sentence actually imposed is set by the Sentencing Reform Act standard range (RCW 9.94A.510) from the offense's seriousness level and the defendant's offender score) | discretionary | RCW 9A.20.021 |
| Fine | up to $10,000 (Cyber harassment — threat to kill — Applies when the person cyber harasses another by threatening to kill the person threatened or any other person.; statutory maximum, adult offenders (RCW 9A.20.021(5)); unless a different maximum is specifically established by statute) | discretionary | RCW 9A.20.021 |
| Jail / prison | up to 5 years (Cyber harassment — criminal justice participant or election official performing official duties — Applies when the person cyber harasses a criminal justice participant or election official who is performing official duties at the time of the communication.; statutory maximum (RCW 9A.20.021(1)(c)); the sentence actually imposed is set by the Sentencing Reform Act standard range (RCW 9.94A.510) from the offense's seriousness level and the defendant's offender score) | discretionary | RCW 9A.20.021 |
| Fine | up to $10,000 (Cyber harassment — criminal justice participant or election official performing official duties — Applies when the person cyber harasses a criminal justice participant or election official who is performing official duties at the time of the communication.; statutory maximum, adult offenders (RCW 9A.20.021(5)); unless a different maximum is specifically established by statute) | discretionary | RCW 9A.20.021 |
| Jail / prison | up to 5 years (Cyber harassment — retaliation for official action or decision — Applies when the person cyber harasses a criminal justice participant or election official because of an action taken or decision made during performance of official duties.; statutory maximum (RCW 9A.20.021(1)(c)); the sentence actually imposed is set by the Sentencing Reform Act standard range (RCW 9.94A.510) from the offense's seriousness level and the defendant's offender score) | discretionary | RCW 9A.20.021 |
| Fine | up to $10,000 (Cyber harassment — retaliation for official action or decision — Applies when the person cyber harasses a criminal justice participant or election official because of an action taken or decision made during performance of official duties.; statutory maximum, adult offenders (RCW 9A.20.021(5)); unless a different maximum is specifically established by statute) | discretionary | RCW 9A.20.021 |
| Jail / prison | up to 5 years (Cyber harassment — violation of protective order — Applies when the person commits cyber harassment in violation of any protective order protecting the victim.; statutory maximum (RCW 9A.20.021(1)(c)); the sentence actually imposed is set by the Sentencing Reform Act standard range (RCW 9.94A.510) from the offense's seriousness level and the defendant's offender score) | discretionary | RCW 9A.20.021 |
| Fine | up to $10,000 (Cyber harassment — violation of protective order — Applies when the person commits cyber harassment in violation of any protective order protecting the victim.; statutory maximum, adult offenders (RCW 9A.20.021(5)); unless a different maximum is specifically established by statute) | discretionary | RCW 9A.20.021 |
Applies to current.
How is cyber harassment classified in Washington?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Cyber harassment — base offense | Gross Misdemeanor | Applies to cyber harassment generally, except where the felony provisions of (2)(b) apply. | RCW 9A.90.120(2)(a) |
| Cyber harassment — prior harassment conviction | Class C Felony | Applies when the person has previously been convicted in this or any other state of any crime of harassment against the same victim, victim's family/household, or a person named in a no-contact or no-harassment order. | RCW 9A.90.120(2)(b) |
| Cyber harassment — threat to kill | Class C Felony | Applies when the person cyber harasses another by threatening to kill the person threatened or any other person. | RCW 9A.90.120(2)(b) |
| Cyber harassment — criminal justice participant or election official performing official duties | Class C Felony | Applies when the person cyber harasses a criminal justice participant or election official who is performing official duties at the time of the communication. | RCW 9A.90.120(2)(b) |
| Cyber harassment — retaliation for official action or decision | Class C Felony | Applies when the person cyber harasses a criminal justice participant or election official because of an action taken or decision made during performance of official duties. | RCW 9A.90.120(2)(b) |
| Cyber harassment — violation of protective order | Class C Felony | Applies when the person commits cyber harassment in violation of any protective order protecting the victim. | RCW 9A.90.120(2)(b) |
Common questions about cyber harassment in Washington
Is cyber harassment a felony or a misdemeanor in Washington?
It depends on the circumstances: cyber harassment ranges from a Gross Misdemeanor to a Class C Felony in Washington under RCW 9A.90.120.
Cyber harassment — base offense: Gross Misdemeanor (RCW 9A.90.120(2)(a)) · Cyber harassment — prior harassment conviction: Class C Felony (RCW 9A.90.120(2)(b)) · Cyber harassment — threat to kill: Class C Felony (RCW 9A.90.120(2)(b)) · Cyber harassment — criminal justice participant or election official performing official duties: Class C Felony (RCW 9A.90.120(2)(b)) · Cyber harassment — retaliation for official action or decision: Class C Felony (RCW 9A.90.120(2)(b)) · Cyber harassment — violation of protective order: Class C Felony (RCW 9A.90.120(2)(b))
What are the penalties for cyber harassment in Washington?
Penalties for cyber harassment in Washington depend on how it is classified — from a Gross Misdemeanor up to a Class C Felony — with the ranges set by RCW 9A.20.021; the full table of ranges by variant is published on this page.
Which Washington statute covers cyber harassment?
Cyber harassment is governed by RCW 9A.90.120 (Cyber harassment).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.