Washington criminal charge
Failure to register as sex offender or kidnapping offender in Washington
Failure to register as sex offender or kidnapping offender is a criminal offense under Washington law, defined by RCW 9A.44.132. 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.44.132.
What is the penalty for failure to register as sex offender or kidnapping offender in Washington?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 5 years (Failure to register as sex offender — felony duty, first or subsequent single prior conviction — Person has a duty to register under RCW 9A.44.130(1)(a) and this is either their first felony failure-to-register conviction or they have one prior felony failure-to-register conviction.; 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 (Failure to register as sex offender — felony duty, first or subsequent single prior conviction — Person has a duty to register under RCW 9A.44.130(1)(a) and this is either their first felony failure-to-register conviction or they have one prior felony failure-to-register conviction.; 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 10 years (Failure to register as sex offender — felony duty, two or more prior convictions — Person has a duty to register under RCW 9A.44.130(1)(a) and has two or more prior felony failure-to-register convictions.; statutory maximum (RCW 9A.20.021(1)(b)); 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 $20,000 (Failure to register as sex offender — felony duty, two or more prior convictions — Person has a duty to register under RCW 9A.44.130(1)(a) and has two or more prior felony failure-to-register convictions.; 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 364 days (Failure to register as sex offender — non-felony duty (felony sex offense provision) — Person has a duty to register under RCW 9A.44.130(1)(b) rather than (1)(a).; 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 (Failure to register as sex offender — non-felony duty (felony sex offense provision) — Person has a duty to register under RCW 9A.44.130(1)(b) rather than (1)(a).; statutory maximum, adult offenders (RCW 9A.20.021(5))) | discretionary | RCW 9A.20.021 |
| Jail / prison | up to 364 days (Failure to register as sex offender — non-felony sex offense — Person has a duty to register for a sex offense that is not a felony and knowingly fails to comply with registration requirements.; 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 (Failure to register as sex offender — non-felony sex offense — Person has a duty to register for a sex offense that is not a felony and knowingly fails to comply with registration requirements.; statutory maximum, adult offenders (RCW 9A.20.021(5))) | discretionary | RCW 9A.20.021 |
| Jail / prison | up to 5 years (Failure to register as kidnapping offender — felony kidnapping duty — Person has a duty to register for a felony kidnapping offense and knowingly fails to comply with registration requirements.; 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 (Failure to register as kidnapping offender — felony kidnapping duty — Person has a duty to register for a felony kidnapping offense and knowingly fails to comply with registration requirements.; 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 364 days (Failure to register as kidnapping offender — non-felony kidnapping duty — Person has a duty to register for a kidnapping offense that is not a felony and knowingly fails to comply with registration requirements.; 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 (Failure to register as kidnapping offender — non-felony kidnapping duty — Person has a duty to register for a kidnapping offense that is not a felony and knowingly fails to comply with registration requirements.; statutory maximum, adult offenders (RCW 9A.20.021(5))) | discretionary | RCW 9A.20.021 |
Applies to crimes committed on or after July 1, 1984.
How is failure to register as sex offender or kidnapping offender classified in Washington?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Failure to register as sex offender — felony duty, first or subsequent single prior conviction | Class C Felony | Person has a duty to register under RCW 9A.44.130(1)(a) and this is either their first felony failure-to-register conviction or they have one prior felony failure-to-register conviction. | RCW 9A.44.132(1)(a) |
| Failure to register as sex offender — felony duty, two or more prior convictions | Class B Felony | Person has a duty to register under RCW 9A.44.130(1)(a) and has two or more prior felony failure-to-register convictions. | RCW 9A.44.132(1)(b) |
| Failure to register as sex offender — non-felony duty (felony sex offense provision) | Gross Misdemeanor | Person has a duty to register under RCW 9A.44.130(1)(b) rather than (1)(a). | RCW 9A.44.132(1)(c) |
| Failure to register as sex offender — non-felony sex offense | Gross Misdemeanor | Person has a duty to register for a sex offense that is not a felony and knowingly fails to comply with registration requirements. | RCW 9A.44.132(2) |
| Failure to register as kidnapping offender — felony kidnapping duty | Class C Felony | Person has a duty to register for a felony kidnapping offense and knowingly fails to comply with registration requirements. | RCW 9A.44.132(3)(a) |
| Failure to register as kidnapping offender — non-felony kidnapping duty | Gross Misdemeanor | Person has a duty to register for a kidnapping offense that is not a felony and knowingly fails to comply with registration requirements. | RCW 9A.44.132(3)(b) |
Common questions about failure to register as sex offender or kidnapping offender in Washington
Is failure to register as sex offender or kidnapping offender a felony or a misdemeanor in Washington?
It depends on the circumstances: failure to register as sex offender or kidnapping offender ranges from a Gross Misdemeanor to a Class B Felony in Washington under RCW 9A.44.132.
Failure to register as sex offender — felony duty, first or subsequent single prior conviction: Class C Felony (RCW 9A.44.132(1)(a)) · Failure to register as sex offender — felony duty, two or more prior convictions: Class B Felony (RCW 9A.44.132(1)(b)) · Failure to register as sex offender — non-felony duty (felony sex offense provision): Gross Misdemeanor (RCW 9A.44.132(1)(c)) · Failure to register as sex offender — non-felony sex offense: Gross Misdemeanor (RCW 9A.44.132(2)) · Failure to register as kidnapping offender — felony kidnapping duty: Class C Felony (RCW 9A.44.132(3)(a)) · Failure to register as kidnapping offender — non-felony kidnapping duty: Gross Misdemeanor (RCW 9A.44.132(3)(b))
What are the penalties for failure to register as sex offender or kidnapping offender in Washington?
Penalties for failure to register as sex offender or kidnapping offender in Washington depend on how it is classified — from a Gross Misdemeanor up to a Class B 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 failure to register as sex offender or kidnapping offender?
Failure to register as sex offender or kidnapping offender is governed by RCW 9A.44.132 (Failure to register as sex offender or kidnapping offender).
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.