Title 9 — Title 9 CRIMES AND PUNISHMENTS
48 chapters · 738 sections in this title.
RCW 9.73.010 Divulging telegram.
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Every person who shall wrongfully obtain or attempt to obtain, any knowledge of a telegraphic message, by connivance with the clerk, operator, messenger, or other employee of a telegraph company, and every clerk, operator, messenger, or other employee of such company who shall wi…
RCW 9.73.020 Opening sealed letter.
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Every person who shall wilfully open or read, or cause to be opened or read, any sealed message, letter or telegram intended for another person, or publish the whole or any portion of such a message, letter or telegram, knowing it to have been opened or read without authority, sh…
RCW 9.73.030 Intercepting, recording, or divulging private communication—Consent required—Exceptions.
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(1) Except as otherwise provided in this chapter, it shall be unlawful for any individual, partnership, corporation, association, or the state of Washington, its agencies, and political subdivisions to intercept, or record any:(a) Private communication transmitted by telephone, t…
RCW 9.73.040 Intercepting private communication—Court order permitting interception—Grounds for issuance—Duration—Renewal.
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(1) An ex parte order for the interception of any communication or conversation listed in RCW 9.73.030 may be issued by any superior court judge in the state upon verified application of either the state attorney general or any county prosecuting attorney setting forth fully fact…
RCW 9.73.050 Admissibility of intercepted communication in evidence.
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Any information obtained in violation of RCW 9.73.030 or pursuant to any order issued under the provisions of RCW 9.73.040 shall be inadmissible in any civil or criminal case in all courts of general or limited jurisdiction in this state, except with the permission of the person …
RCW 9.73.060 Violating right of privacy—Civil action—Liability for damages.
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Any person who, directly or by means of a detective agency or any other agent, violates the provisions of this chapter shall be subject to legal action for damages, to be brought by any other person claiming that a violation of this statute has injured his or her business, his or…
RCW 9.73.070 Persons and activities excepted from chapter.
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(1) The provisions of this chapter shall not apply to any activity in connection with services provided by a common carrier pursuant to its tariffs on file with the Washington utilities and transportation commission or the Federal Communication Commission and any activity of any …
RCW 9.73.080 Penalties.
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(1) Except as otherwise provided in this chapter, any person who violates RCW 9.73.030 is guilty of a gross misdemeanor.(2) Any person who knowingly alters, erases, or wrongfully discloses any recording in violation of RCW 9.73.090(1)(c) is guilty of a gross misdemeanor.[ 2000 c …
RCW 9.73.090 Certain emergency response personnel exempted from RCW 9.73.030 through 9.73.080—Standards—Court authorizations—Admissibility.
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(1) The provisions of RCW 9.73.030 through 9.73.080 shall not apply to police, fire, emergency medical service, emergency communication center, and poison center personnel in the following instances:(a) Recording incoming telephone calls to police and fire stations, licensed emer…
RCW 9.73.095 Intercepting, recording, or divulging offender conversations—Conditions—Notice.
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(1) RCW 9.73.030 through 9.73.080 and 9.73.260 shall not apply to employees of the department of corrections in the following instances: Intercepting, recording, or divulging any telephone calls from an offender or resident of a state correctional facility; or intercepting, recor…
RCW 9.73.100 Recordings available to defense counsel.
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Video and/or sound recordings obtained by police personnel under the authority of RCW 9.73.090 and 9.73.100 shall be made available for hearing and/or viewing by defense counsel at the request of defense counsel whenever a criminal charge has been filed against the subject of the…
RCW 9.73.110 Intercepting, recording, or disclosing private communications—Not unlawful for building owner—Conditions.
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It shall not be unlawful for the owner or person entitled to use and possession of a building, as defined in RCW 9A.04.110(5), or the agent of such person, to intercept, record, or disclose communications or conversations which occur within such building if the persons engaged in…
RCW 9.73.130 Recording private communications—Authorization—Application for, contents.
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Each application for an authorization to record communications or conversations pursuant to RCW 9.73.090 as now or hereafter amended shall be made in writing upon oath or affirmation and shall state:(1) The authority of the applicant to make such application;(2) The identity and …
RCW 9.73.140 Recording private communications—Authorization of or application for—Inventory, contents, service—Availability of recording, applications, and orders.
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Within a reasonable time but not later than thirty days after the termination of the period of the authorization or of extensions or renewals thereof, or the date of the denial of an authorization applied for under RCW 9.73.090 as now or hereafter amended, the issuing authority s…
RCW 9.73.200 Intercepting, transmitting, or recording conversations concerning controlled substances—Findings.
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The legislature finds that the unlawful manufacturing, selling, and distributing of controlled substances is becoming increasingly prevalent and violent. Attempts by law enforcement officers to prevent the manufacture, sale, and distribution of drugs is resulting in numerous life…
RCW 9.73.210 Intercepting, transmitting, or recording conversations concerning controlled substances or commercial sexual abuse of a minor—Authorization—Monthly report—Admissibility—Destruction of information.
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(1) If a police commander or officer above the rank of first line supervisor has reasonable suspicion that the safety of the consenting party is in danger, law enforcement personnel may, for the sole purpose of protecting the safety of the consenting party, intercept, transmit, o…
RCW 9.73.220 Judicial authorizations—Availability of judge required.
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In each superior court judicial district in a county with a population of two hundred ten thousand or more there shall be available twenty-four hours a day at least one superior court or district court judge or magistrate designated to receive telephonic requests for authorizatio…
RCW 9.73.230 Intercepting, transmitting, or recording conversations concerning controlled substances or commercial sexual abuse of a minor—Conditions—Written reports required—Judicial review—Notice—Admissibility—Penalties.
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(1) As part of a bona fide criminal investigation, the chief law enforcement officer of a law enforcement agency or his or her designee above the rank of first line supervisor may authorize the interception, transmission, or recording of a conversation or communication by officer…
RCW 9.73.240 Intercepting, transmitting, or recording conversations concerning controlled substances—Concurrent power of attorney general to investigate and prosecute.
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(1) The attorney general shall have concurrent authority and power with the prosecuting attorneys to investigate violations of RCW 9.73.200 through 9.73.230 or RCW 9.73.090 and initiate and conduct prosecutions of any violations upon request of any of the following:(a) The person…
RCW 9.73.260 Pen registers, trap and trace devices, cell site simulator devices.
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(1) As used in this section:(a) "Wire communication" means any aural transfer made in whole or in part through the use of facilities for the transmission of communications by the aid of wire, cable, or other like connection between the point of origin and the point of reception, …
RCW 9.73.270 Collecting, using electronic data or metadata—Cell site simulator devices—Requirements.
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The state and its political subdivisions shall not, by means of a cell site simulator device, collect or use a person's electronic data or metadata without (1) that person's informed consent, (2) a warrant, based upon probable cause, that describes with particularity the person, …