Washington criminal charge
Enforcement and penalties in Washington
Enforcement and penalties is a criminal offense under Washington law, defined by RCW 7.105.460. 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 7.105.460.
What is the penalty for enforcement and penalties in Washington?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 364 days (False petition for extreme risk protection order — Filing a petition for an extreme risk protection order knowing the information to be materially false, or with intent to harass the respondent.; 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 (False petition for extreme risk protection order — Filing a petition for an extreme risk protection order knowing the information to be materially false, or with intent to harass the respondent.; statutory maximum, adult offenders (RCW 9A.20.021(5))) | discretionary | RCW 9A.20.021 |
| Jail / prison | up to 364 days (Possession/access/purchase of firearm in violation of extreme risk protection order — Having custody or control of, accessing, purchasing, possessing, or receiving (or attempting to) a firearm with knowledge that an extreme risk protection order prohibits doing so, absent two or more prior convictions for violating such an order.; 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 (Possession/access/purchase of firearm in violation of extreme risk protection order — Having custody or control of, accessing, purchasing, possessing, or receiving (or attempting to) a firearm with knowledge that an extreme risk protection order prohibits doing so, absent two or more prior convictions for violating such an order.; statutory maximum, adult offenders (RCW 9A.20.021(5))) | discretionary | RCW 9A.20.021 |
| Jail / prison | up to 5 years (Repeat violation of extreme risk protection order firearm prohibition — Violation of the firearm prohibition under (2)(a) by a person who has two or more previous convictions for violating an order issued under this chapter.; 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 (Repeat violation of extreme risk protection order firearm prohibition — Violation of the firearm prohibition under (2)(a) by a person who has two or more previous convictions for violating an order issued under this chapter.; 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 enforcement and penalties classified in Washington?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| False petition for extreme risk protection order | Gross Misdemeanor | Filing a petition for an extreme risk protection order knowing the information to be materially false, or with intent to harass the respondent. | RCW 7.105.460(1) |
| Possession/access/purchase of firearm in violation of extreme risk protection order | Gross Misdemeanor | Having custody or control of, accessing, purchasing, possessing, or receiving (or attempting to) a firearm with knowledge that an extreme risk protection order prohibits doing so, absent two or more prior convictions for violating such an order. | RCW 7.105.460(2)(a) |
| Repeat violation of extreme risk protection order firearm prohibition | Class C Felony | Violation of the firearm prohibition under (2)(a) by a person who has two or more previous convictions for violating an order issued under this chapter. | RCW 7.105.460(2)(b) |
Common questions about enforcement and penalties in Washington
Is enforcement and penalties a felony or a misdemeanor in Washington?
It depends on the circumstances: enforcement and penalties ranges from a Gross Misdemeanor to a Class C Felony in Washington under RCW 7.105.460.
False petition for extreme risk protection order: Gross Misdemeanor (RCW 7.105.460(1)) · Possession/access/purchase of firearm in violation of extreme risk protection order: Gross Misdemeanor (RCW 7.105.460(2)(a)) · Repeat violation of extreme risk protection order firearm prohibition: Class C Felony (RCW 7.105.460(2)(b))
What are the penalties for enforcement and penalties in Washington?
Penalties for enforcement and penalties 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 enforcement and penalties?
Enforcement and penalties is governed by RCW 7.105.460 (Enforcement and penalties—Extreme risk protection orders—False petitions).
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.