How Does Washington Define ‘Harassment’ in Criminal Charges?

In Washington State, criminal harassment is taken seriously—even when no physical harm occurs. While many people associate the term “harassment” with workplace misconduct or general rudeness, criminal harassment is a specific charge defined under RCW 9A.46.020. Whether you’re facing charges or want to understand your rights, it’s crucial to distinguish between criminal harassment and civil protection orders and to know what prosecutors must prove to secure a conviction.

Criminal Harassment Under Washington Law

Washington law defines criminal harassment as knowingly threatening to cause bodily injury, damage to property, physical restraint, or other harm, with the intent to frighten or intimidate the target. The threat must be more than a vague or idle comment—it must place the alleged victim in reasonable fear that the threat will be carried out.

Under RCW 9A.46.020(1), a person commits harassment if:

  • They knowingly threaten:
    • To cause bodily injury immediately or in the future,
    • To cause physical damage to another’s property,
    • To subject someone to physical confinement or restraint, or
    • To maliciously do any other act intended to substantially harm the person’s physical or mental health or safety; and
  • The person by words or conduct places the victim in reasonable fear that the threat will be carried out.

Intent and Fear: The Key Elements

Two major components define criminal harassment:

  1. Intent – The accused must have made the threat knowingly and with intent to harass or intimidate.
  2. Reasonable Fear – The alleged victim must actually experience fear, and that fear must be objectively reasonable under the circumstances.

For example, a sarcastic or offhand remark may not count if a reasonable person wouldn’t take it as a serious threat. But direct threats over text, voicemail, or in person—especially when repeated—are far more likely to result in charges.

Misdemeanor or Felony?

Most harassment charges in Washington are gross misdemeanors, punishable by up to 364 days in jail and a $5,000 fine. However, the charge may rise to a Class C felony (punishable by up to 5 years in prison and a $10,000 fine) if:

  • The accused has a prior harassment conviction involving the same victim or a member of their household.
  • The threat includes death or serious bodily injury.
  • The accused harassed a criminal justice participant (e.g., judge, prosecutor, police officer).
  • A protection order was already in place and violated.

Civil Harassment vs Criminal Harassment

Civil harassment refers to a pattern of behavior (such as stalking, repeated phone calls, or following someone) that isn’t necessarily criminal but still causes emotional distress. Victims may seek a civil anti-harassment protection order under RCW 10.14.

On the other hand, criminal harassment is a prosecutable offense brought by the State. Civil orders can become criminal matters if violated or if the conduct escalates.

Defenses to Criminal Harassment

Those charged with harassment may have legitimate defenses, such as:

  • The alleged threat was not serious or was taken out of context.
  • The victim’s fear was not reasonable.
  • There was no intent to harass, intimidate, or threaten.
  • The accusation is false or exaggerated, often in high-conflict domestic disputes or custody matters.

A criminal defense attorney can review recordings, texts, witness accounts, and the history of the relationship to evaluate the strength of the case and develop a defense strategy.

Take Threat Allegations Seriously

If you’ve been accused of harassment in Washington, do not contact the alleged victim, even if you believe the claims are false. Violating a protection order or trying to explain your side directly could result in new charges or a bail revocation. Let your attorney handle communication and protect your rights.

If you’re a victim of harassment, an experienced attorney can help you file a protection order and ensure your safety while preserving the evidence needed to build your case.

At the Law Office of Erin Bradley McAleer, we represent both individuals facing harassment charges and those seeking protection from abusive conduct. Whether you’ve been wrongfully accused or need immediate legal protection, our firm is ready to fight for your rights. Call us today for a confidential consultation.