Washington criminal charge
Stalking in Washington
Current through 2026 Washington legislative session
Stalking is a criminal offense under Washington law, defined by RCW 9A.46.110. 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.46.110.
What is the penalty for stalking in Washington?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 364 days (Stalking (base offense) — A person who stalks another person is guilty of a gross misdemeanor unless one of the enhancing factors in (5)(b) applies.; 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 (Stalking (base offense) — A person who stalks another person is guilty of a gross misdemeanor unless one of the enhancing factors in (5)(b) applies.; statutory maximum, adult offenders (RCW 9A.20.021(5))) | discretionary | RCW 9A.20.021 |
| Jail / prison | up to 10 years (Stalking — prior harassment conviction — The stalker has previously been convicted in this state or any other state of any crime of harassment as defined in RCW 9A.46.060.; 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 (Stalking — prior harassment conviction — The stalker has previously been convicted in this state or any other state of any crime of harassment as defined in RCW 9A.46.060.; 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 (Stalking — violation of protective order — The stalking violates any protective order protecting the victim.; 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 (Stalking — violation of protective order — The stalking violates 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 |
| Jail / prison | up to 10 years (Stalking — prior stalking conviction — The stalker has previously been convicted of a gross misdemeanor or felony stalking offense under this section for stalking another person.; 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 (Stalking — prior stalking conviction — The stalker has previously been convicted of a gross misdemeanor or felony stalking offense under this section for stalking another 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 10 years (Stalking — armed with deadly weapon — The stalker was armed with a deadly weapon, as defined in RCW 9.94A.825, while stalking the victim.; 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 (Stalking — armed with deadly weapon — The stalker was armed with a deadly weapon, as defined in RCW 9.94A.825, while stalking 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 |
| Jail / prison | up to 10 years (Stalking — retaliation against official-duty victim — The victim is or was a specified public official/employee (e.g., law enforcement officer, judge, juror, attorney, victim advocate, legislator, corrections officer, court employee, or child/adult protective services employee) and the stalker stalked the victim to retaliate for or influence the victim's official duties.; 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 (Stalking — retaliation against official-duty victim — The victim is or was a specified public official/employee (e.g., law enforcement officer, judge, juror, attorney, victim advocate, legislator, corrections officer, court employee, or child/adult protective services employee) and the stalker stalked the victim to retaliate for or influence the victim's 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 10 years (Stalking — retaliation against witness — The victim is a current, former, or prospective witness in an adjudicative proceeding and the stalker stalked the victim to retaliate for the victim's testimony or potential testimony.; 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 (Stalking — retaliation against witness — The victim is a current, former, or prospective witness in an adjudicative proceeding and the stalker stalked the victim to retaliate for the victim's testimony or potential testimony.; 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 stalking classified in Washington?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Stalking (base offense) | Gross Misdemeanor | A person who stalks another person is guilty of a gross misdemeanor unless one of the enhancing factors in (5)(b) applies. | RCW 9A.46.110(5)(a) |
| Stalking — prior harassment conviction | Class B Felony | The stalker has previously been convicted in this state or any other state of any crime of harassment as defined in RCW 9A.46.060. | RCW 9A.46.110(5)(b) |
| Stalking — violation of protective order | Class B Felony | The stalking violates any protective order protecting the victim. | RCW 9A.46.110(5)(b) |
| Stalking — prior stalking conviction | Class B Felony | The stalker has previously been convicted of a gross misdemeanor or felony stalking offense under this section for stalking another person. | RCW 9A.46.110(5)(b) |
| Stalking — armed with deadly weapon | Class B Felony | The stalker was armed with a deadly weapon, as defined in RCW 9.94A.825, while stalking the victim. | RCW 9A.46.110(5)(b) |
| Stalking — retaliation against official-duty victim | Class B Felony | The victim is or was a specified public official/employee (e.g., law enforcement officer, judge, juror, attorney, victim advocate, legislator, corrections officer, court employee, or child/adult protective services employee) and the stalker stalked the victim to retaliate for or influence the victim's official duties. | RCW 9A.46.110(5)(b) |
| Stalking — retaliation against witness | Class B Felony | The victim is a current, former, or prospective witness in an adjudicative proceeding and the stalker stalked the victim to retaliate for the victim's testimony or potential testimony. | RCW 9A.46.110(5)(b) |
Common questions about stalking in Washington
Is stalking a felony or a misdemeanor in Washington?
It depends on the circumstances: stalking ranges from a Gross Misdemeanor to a Class B Felony in Washington under RCW 9A.46.110.
Stalking (base offense): Gross Misdemeanor (RCW 9A.46.110(5)(a)) · Stalking — prior harassment conviction: Class B Felony (RCW 9A.46.110(5)(b)) · Stalking — violation of protective order: Class B Felony (RCW 9A.46.110(5)(b)) · Stalking — prior stalking conviction: Class B Felony (RCW 9A.46.110(5)(b)) · Stalking — armed with deadly weapon: Class B Felony (RCW 9A.46.110(5)(b)) · Stalking — retaliation against official-duty victim: Class B Felony (RCW 9A.46.110(5)(b)) · Stalking — retaliation against witness: Class B Felony (RCW 9A.46.110(5)(b))
What are the penalties for stalking in Washington?
Penalties for stalking 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 stalking?
Stalking is governed by RCW 9A.46.110 (Stalking).
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.