Washington criminal charge
Identity theft in Washington
Identity theft is a criminal offense under Washington law, defined by RCW 9.35.020. 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 9.35.020.
What is the penalty for identity theft in Washington?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 10 years (Identity theft in the first degree — Applies when the violation of subsection (1) results in obtaining credit, money, goods, services, or anything of value exceeding $1,500, or when the accused knowingly targets a senior or vulnerable individual.; 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 (Identity theft in the first degree — Applies when the violation of subsection (1) results in obtaining credit, money, goods, services, or anything of value exceeding $1,500, or when the accused knowingly targets a senior or vulnerable individual.; 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 (Identity theft in the second degree — Applies when a person violates subsection (1) under circumstances not amounting to identity theft in the first degree.; 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 (Identity theft in the second degree — Applies when a person violates subsection (1) under circumstances not amounting to identity theft in the first degree.; 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 crimes committed on or after July 1, 1984.
How is identity theft classified in Washington?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Identity theft in the first degree | Class B Felony | Applies when the violation of subsection (1) results in obtaining credit, money, goods, services, or anything of value exceeding $1,500, or when the accused knowingly targets a senior or vulnerable individual. | RCW 9.35.020(2) |
| Identity theft in the second degree | Class C Felony | Applies when a person violates subsection (1) under circumstances not amounting to identity theft in the first degree. | RCW 9.35.020(3) |
Common questions about identity theft in Washington
Is identity theft a felony or a misdemeanor in Washington?
What are the penalties for identity theft in Washington?
Penalties for identity theft in Washington depend on how it is classified — from a Class C Felony 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 identity theft?
Identity theft is governed by RCW 9.35.020 (Identity theft).
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.