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Washington criminal charge

Persistent prison misbehavior in Washington

Current through 2026 Washington legislative session

Persistent prison misbehavior is a criminal offense under Washington law, defined by RCW 9.94.070. 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 9.94.070.

What is the penalty for persistent prison misbehavior in Washington?

Penalties for Persistent prison misbehavior
PenaltyRangeBasisAuthority
Jail / prisonup to 5 years (Persistent prison misbehavior — An inmate serving a sentence who knowingly commits a serious infraction (not a class A or B felony) after losing all potential earned early release time credit is guilty of a class C felony.; 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)discretionaryRCW 9A.20.021
Fineup to $10,000 (Persistent prison misbehavior — An inmate serving a sentence who knowingly commits a serious infraction (not a class A or B felony) after losing all potential earned early release time credit is guilty of a class C felony.; statutory maximum, adult offenders (RCW 9A.20.021(5)); unless a different maximum is specifically established by statute)discretionaryRCW 9A.20.021

Applies to crimes committed on or after July 1, 1984.

How is persistent prison misbehavior classified in Washington?

The classification depends on the circumstances:

Classification variants for Persistent prison misbehavior
VariantClassificationWhen it appliesStatute
Persistent prison misbehaviorClass C FelonyAn inmate serving a sentence who knowingly commits a serious infraction (not a class A or B felony) after losing all potential earned early release time credit is guilty of a class C felony.RCW 9.94.070(4)

Common questions about persistent prison misbehavior in Washington

Is persistent prison misbehavior a felony or a misdemeanor in Washington?

Persistent prison misbehavior is a Class C Felony in Washington under RCW 9.94.070.

Persistent prison misbehavior: Class C Felony (RCW 9.94.070(4))

What are the penalties for persistent prison misbehavior in Washington?

Penalties for persistent prison misbehavior in Washington depend on how it is classified — from a Class C Felony 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 persistent prison misbehavior?

Persistent prison misbehavior is governed by RCW 9.94.070 (Persistent prison misbehavior).

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.