Revenge Porn Laws in Washington (2026): Your Rights and What to Do
Washington gives victims two strong routes at once. The criminal offense escalates from a gross misdemeanor to a class C felony on a second violation, and the state has adopted the Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act, which offers liquidated damages of $10,000 without you having to itemize your losses. Fabricated and AI-generated images are covered too.
Washington at a Glance
- Statute
- Disclosing intimate images — RCW 9A.86.010
- Criminal classification
- Gross misdemeanor for a first offense; class C felony for a second or subsequent offense
- Maximum penalty
- Up to 364 days in jail and a $5,000 fine for a first offense; up to five years and a $10,000 fine as a class C felony
- Can you sue?
- Yes — RCW 4.24.795 (Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act)
- Time limit to sue
- Four years from the date of disclosure, or from when the person discovered it, under RCW 4.24.795
- Deepfakes / AI images
- Covered
Is Revenge Porn Illegal in Washington?
Yes. RCW 9A.86.010 makes it a crime to knowingly disclose an intimate image of another person where the person depicted is identifiable, the image was obtained or created in circumstances in which they had a reasonable expectation of privacy, the disclosure was without their consent, and it causes harm. Disclosure includes posting, transferring, publishing or selling the material.
The statute defines intimate images broadly, covering nudity, exposure of the genitals or anus, and sexual conduct. Each separate disclosure can be charged as its own violation, so posting the same picture to several sites or sending it to several people is not treated as a single act.
Washington also has a separate voyeurism offense at RCW 9A.44.115 for recording or viewing someone in a private place without consent, which is a felony. Where images were taken secretly and then shared, both statutes can be in play.
Penalties for Sharing Intimate Images in Washington
A first violation is a gross misdemeanor, punishable by up to 364 days in jail and a fine of up to $5,000. A second or subsequent violation is a class C felony, which carries up to five years in prison and a fine of up to $10,000. That escalation matters in practice, because repeat posting behaviour is common in these cases.
Because each disclosure counts separately, a person who posts to multiple platforms can face multiple counts from a single incident. Prosecutors often add cyberstalking under RCW 9.61.260, harassment, or extortion where demands are made in exchange for not sharing.
Where the images involve a minor, Washington's child sexual abuse material offenses apply instead and carry substantially heavier penalties.
Can I Sue Someone in Washington?
Yes, and Washington's civil statute is one of the more generous in the country. Under RCW 4.24.795, part of the Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act, a person depicted can sue for economic and non-economic damages, or liquidated damages of $10,000, plus punitive damages where available, attorney's fees and costs.
The court can also order injunctive or other equitable relief, which in practice means orders to take material down, hand over copies and stop further distribution. You can bring the claim whether or not the police get involved.
The Act sets its own limitation period: four years from the date of the disclosure or from when you discovered or reasonably should have discovered it. That is longer than the general personal-injury window and is a real advantage where images surface months or years later.
Does Washington Cover Deepfakes and AI Images?
Yes. Washington amended its intimate-image offenses in 2024 to reach fabricated images, meaning content that has been digitally created or altered to depict an identifiable person in a way that appears indistinguishable from a real image. A face-swapped or AI-generated nude of a real person therefore falls inside the criminal law rather than outside it.
The state also criminalizes fabricated depictions of minors under separate provisions, which are treated with the same seriousness as real child sexual abuse material. Alongside all of this, the federal TAKE IT DOWN Act requires covered platforms to remove reported nonconsensual intimate imagery, including digital forgeries, within 48 hours of a valid request.
What to Do Right Now If Your Images Were Shared in Washington
- 1
Preserve the Evidence Before Reporting It
Save screenshots showing the post, the account name, the full URL, and the date and time. Because Washington treats each disclosure as its own violation, a clear log of every post or send strengthens both the criminal case and your civil claim.
- 2
Use the Platform's Intimate-Image Report
Choose the nonconsensual intimate imagery or sexual-content reporting route rather than a general complaint. Keep confirmation emails and case numbers. Covered platforms also have federal notice-and-removal duties for valid reports.
- 3
Use StopNCII.org to Limit Re-Uploads
For adult images, StopNCII creates a digital fingerprint on your own device and shares the hash, not the image, with participating platforms. If the image was taken while you were under 18, use NCMEC's Take It Down service instead.
- 4
Report It in Washington
Contact your local police or sheriff's office and refer to RCW 9A.86.010, and mention RCW 9A.44.115 if the images were taken without your knowledge. Flag any threats, stalking, extortion, hacking or images of a minor, because separate and more serious offenses may apply.
- 5
Get Advice About the Civil Claim
Ask a Washington attorney about suing under RCW 4.24.795, which allows $10,000 in liquidated damages plus fees, and about breach of any written agreement. The claim can be filed up to four years after the disclosure or its discovery.
Be Safer With a Written NDA as Evidence
Most of Washington's law is about what happens after the damage is done. The one thing you can do beforehand is put the boundary in writing. A Discreetly agreement is signed by both people, timestamped, and identity-verifiable, and it states plainly that neither person has consent to share, publish or show the material to anyone else.
Where the law turns on the absence of consent to share, a signed agreement may provide useful documentary evidence that there was no consent to share. It cannot prevent a breach or guarantee a legal outcome, but it can make the agreed boundary clearer than relying only on informal messages. Creating one is free.
Create a free agreementWashington: Frequently Asked Questions
Is revenge porn a felony in Washington?
How much can I sue for in Washington?
How long do I have to file a civil claim?
Does Washington law cover AI deepfake nudes?
What if the same image was posted in several places?
Sources
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This page provides general information about Washington law and is not legal advice. Laws change and outcomes depend on the facts. For advice on your situation, speak to a qualified attorney licensed in Washington. Last reviewed August 2026.