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Washington statute

RCW 9.62.010 — Malicious prosecution

Current through 2026 Regular Session

Part of Chapter 9.62: Malicious Prosecution—Abuse Of Process, Revised Code of Washington.

Criminal charges under this statute

Full text of RCW 9.62.010

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.

RCW 9.62.010Primary source, current through the 2026 Regular Session
Every person who shall, maliciously and without probable cause therefor, cause or attempt to cause another to be arrested or proceeded against for any crime of which he or she is innocent: (1) If such crime be a felony, is guilty of a class C felony and shall be punished by imprisonment in a state correctional facility for not more than five years; and (2) If such crime be a gross misdemeanor or misdemeanor, shall be guilty of a misdemeanor.

Official sources

Legal terms used in this section

Questions this section answers

Is malicious prosecution a felony or a misdemeanor in Washington?

It depends on the circumstances: malicious prosecution ranges from a Misdemeanor to a Class C Felony in Washington under RCW 9.62.010.

Malicious prosecution of a felony charge: Class C Felony (RCW 9.62.010(1)) · Malicious prosecution of a gross misdemeanor or misdemeanor charge: Misdemeanor (RCW 9.62.010(2))

Which Washington statute covers malicious prosecution?

Malicious prosecution is governed by RCW 9.62.010 (Malicious prosecution).

This reference is informational and is not legal advice.