Washington statute
RCW 9A.44.115 — Voyeurism
Current through 2026 Regular Session
Part of Chapter 9A.44: Sex Offenses, Revised Code of Washington.
Criminal charges under this statute
Full text of RCW 9A.44.115
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) As used in this section:
(a) "Intimate areas" means any portion of a person's body or undergarments that is covered by clothing and intended to be protected from public view;
(b) "Photographs" or "films" means the making of a photograph, motion picture film, videotape, digital image, or any other recording or transmission of the image of a person;
(c) "Place where he or she would have a reasonable expectation of privacy" means:
(i) A place where a reasonable person would believe that he or she could disrobe in privacy, without being concerned that his or her undressing was being photographed or filmed by another; or
(ii) A place where one may reasonably expect to be safe from casual or hostile intrusion or surveillance;
(d) "Surveillance" means secret observation of the activities of another person for the purpose of spying upon and invading the privacy of the person;
(e) "Views" means the intentional looking upon of another person for more than a brief period of time, in other than a casual or cursory manner, with the unaided eye or with a device designed or intended to improve visual acuity.
(2)(a) A person commits the crime of voyeurism in the first degree if, for the purpose of arousing or gratifying the sexual desire of any person, he or she knowingly views, photographs, or films:
(i) Another person without that person's knowledge and consent while the person being viewed, photographed, or filmed is in a place where he or she would have a reasonable expectation of privacy; or
(ii) The intimate areas of another person without that person's knowledge and consent and under circumstances where the person has a reasonable expectation of privacy, whether in a public or private place.
(b) Voyeurism in the first degree is a class C felony.
(3)(a) A person commits the crime of voyeurism in the second degree if he or she intentionally photographs or films another person for the purpose of photographing or filming the intimate areas of that person with the intent to distribute or disseminate the photograph or film, without that person's knowledge and consent, and under circumstances where the person has a reasonable expectation of privacy, whether in a public or private place.
(b) Voyeurism in the second degree is a gross misdemeanor.
(c) Voyeurism in the second degree is not a sex offense for the purposes of sentencing or sex offender registration requirements under this chapter.
(4) This section does not apply to viewing, photographing, or filming by personnel of the department of corrections or of a local jail or correctional facility for security purposes or during investigation of alleged misconduct by a person in the custody of the department of corrections or the local jail or correctional facility.
(5) If a person is convicted of a violation of this section, the court may order the destruction of any photograph, motion picture film, digital image, videotape, or any other recording of an image that was made by the person in violation of this section.
Official sources
Legal terms used in this section
Questions this section answers
Is voyeurism a felony or a misdemeanor in Washington?
It depends on the circumstances: voyeurism ranges from a Gross Misdemeanor to a Class C Felony in Washington under RCW 9A.44.115.
Voyeurism in the first degree: Class C Felony (RCW 9A.44.115(2)(b)) · Voyeurism in the second degree: Gross Misdemeanor (RCW 9A.44.115(3)(b))
Which Washington statute covers voyeurism?
Voyeurism is governed by RCW 9A.44.115 (Voyeurism).
This reference is informational and is not legal advice.