Washington statute
RCW 9.16.035 — Counterfeiting—Penalties
Current through 2026 Regular Session
Part of Chapter 9.16: Brands And Marks, Crimes Relating To, Revised Code of Washington.
Criminal charges under this statute
Full text of RCW 9.16.035
Statutory text current through the 2026 Regular Session. This publication reproduces the official text of the Revised Code of Washington from the Code Reviser's published files; it is not the official statutes of the State of Washington.
(1) Counterfeiting is a misdemeanor, except as provided in subsections (2), (3) and (4) of this section.
(2) Counterfeiting is a gross misdemeanor if:
(a) The defendant has previously been convicted under RCW 9.16.030; or
(b) The violation involves more than one hundred but fewer than one thousand items bearing a counterfeit mark or the total retail value of all items bearing a counterfeit mark or the total retail value of all items bearing, or services identified by, a counterfeit mark is more than one thousand dollars but less than ten thousand dollars.
(3) Counterfeiting is a class C felony if:
(a) The defendant has been previously convicted of two or more offenses under RCW 9.16.030;
(b) The violation involves the manufacture or production of items bearing counterfeit marks; or
(c) The violation involves one thousand or more items bearing a counterfeit mark or the total retail value of all items bearing, or services identified by, a counterfeit mark is ten thousand dollars or more.
(4) Counterfeiting is a class C felony if:
(a) The violation involves the manufacture, production, or distribution of items bearing counterfeit marks; and
(b) The defendant knew or should have known that the counterfeit items, by their intended use, endangered the health or safety of others.
(5) For purposes of this section, the quantity or retail value of items or services shall include the aggregate quantity or retail value of all items bearing, or services identified by, every counterfeit mark the defendant manufactures, uses, displays, advertises, distributes, possesses, or possesses with intent to sell.
(6) A person guilty of counterfeiting shall be fined an amount up to three times the retail value of the items bearing, or services identified by, a counterfeit mark, unless extenuating circumstances are shown by the defendant.
(7) The penalties provided for in this section are cumulative and do not affect any other civil and criminal penalties provided by law.
Official sources
Legal terms used in this section
Questions this section answers
Is counterfeiting a felony or a misdemeanor in Washington?
It depends on the circumstances: counterfeiting ranges from a Misdemeanor to a Class C Felony in Washington under RCW 9.16.035.
Base counterfeiting offense: Misdemeanor (RCW 9.16.035(1)) · Counterfeiting — health or safety endangerment: Class C Felony (RCW 9.16.035(4))
Which Washington statute covers counterfeiting?
Counterfeiting is governed by RCW 9.16.035 (Counterfeiting—Penalties).
This reference is informational and is not legal advice.