Washington criminal charge
Unauthorized sale or procurement of telephone records in Washington
Unauthorized sale or procurement of telephone records is a criminal offense under Washington law, defined by RCW 9.26A.140. 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 9.26A.140.
What is the penalty for unauthorized sale or procurement of telephone records in Washington?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 5 years (Sale, fraudulent procurement, or purchase of telephone record — Applies when a person violates subsection (1)(a), (b), or (c) by selling, fraudulently obtaining, or knowingly purchasing a telephone record without authorization.; 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 (Sale, fraudulent procurement, or purchase of telephone record — Applies when a person violates subsection (1)(a), (b), or (c) by selling, fraudulently obtaining, or knowingly purchasing a telephone record without authorization.; 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 (Knowing receipt of telephone record — Applies when a person violates subsection (1)(d) by knowingly receiving a telephone record without the customer's authorization.; 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 (Knowing receipt of telephone record — Applies when a person violates subsection (1)(d) by knowingly receiving a telephone record without the customer's authorization.; 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 unauthorized sale or procurement of telephone records classified in Washington?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Sale, fraudulent procurement, or purchase of telephone record | Class C Felony | Applies when a person violates subsection (1)(a), (b), or (c) by selling, fraudulently obtaining, or knowingly purchasing a telephone record without authorization. | RCW 9.26A.140(3) |
| Knowing receipt of telephone record | Gross Misdemeanor | Applies when a person violates subsection (1)(d) by knowingly receiving a telephone record without the customer's authorization. | RCW 9.26A.140(3) |
Common questions about unauthorized sale or procurement of telephone records in Washington
Is unauthorized sale or procurement of telephone records a felony or a misdemeanor in Washington?
It depends on the circumstances: unauthorized sale or procurement of telephone records ranges from a Gross Misdemeanor to a Class C Felony in Washington under RCW 9.26A.140.
Sale, fraudulent procurement, or purchase of telephone record: Class C Felony (RCW 9.26A.140(3)) · Knowing receipt of telephone record: Gross Misdemeanor (RCW 9.26A.140(3))
What are the penalties for unauthorized sale or procurement of telephone records in Washington?
Penalties for unauthorized sale or procurement of telephone records 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 unauthorized sale or procurement of telephone records?
Unauthorized sale or procurement of telephone records is governed by RCW 9.26A.140 (Unauthorized sale or procurement of telephone records—Penalties—Definitions).
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.