

Washington State Laws Governing Conduct on Computer Systems



9A.52.110  Computer trespass in the first degree.

     (1)  A person is guilty of computer trespass in the first
          degree if the person, without authorization,
          intentionally gains access to a computer system or
          electronic data base of another; and 

          (a)  The access is made with the intent to commit
               another crime; or


          (b)  The violation involves a computer or data base
               maintained by a government agency.

     (2)  Computer trespass in the first degree is a class C
          felony.  [1984 c 273  1.]


9A.52.120  Computer trespass in the second degree.

     (1)  A person is guilty of computer trespass in the second
          degree if the person, without authorization,
          intentionally gains access to computer system or
          electronic data base of another under circumstances not
          constituting the offense in the first degree.

     (2)  Computer trespass in the second degree is a gross
          misdemeanor.  [1984 c 273  2.]


9A.52.130  Computer trespass -- Commission of other crime.

     A person who, in the commission of a computer trespass,
     commits any other crime may be punished for that other crime
     as well as for the computer trespass and may be prosecuted
     for each crime separately.  [1984 c 273  3.]

     (Physical Damage to computer programs: RCW 9A.48.100.)


9A.48.070  Malicious mischief in the first degree.

     (1)  A person is guilty of malicious mischief in the first
          degree if he knowingly and maliciously:

		(a)  Causes physical damage to the property of another
               in an amount exceeding one thousand five hundred
               dollars; 

          (b)  Causes an interruption or impairment of service
               rendered to the public by physically damaging or
               tampering with an emergency vehicle or property of
               the state, a political subdivision thereof, or a
               public utility or mode of public transportation,
               power or communication; or

          (c)  Causes an impairment of the safety, efficiency or
               operation of an aircraft by physically damaging or
               tampering with the aircraft or aircraft equipment,
               fuel, lubricant or parts.

     (2)  Malicious mischief in the first degree is a class B
          felony.  [1983 1st ex.s. c 4  1; 1975 1st ex.s. c 260
           9A.48.070.]


9A.48.080  Malicious mischief in the second degree.

     (1)  A person is guilty of malicious mischief in the second
          degree if he knowingly and maliciously:

          (a)  Causes physical damage to the property of another
               in an  amount exceeding two hundred fifty dollars;
               or

          (b)  Creates a substantial risk of interruption or
               impairment of service rendered to the public, by
               physically damaging or tampering with an emergency
               vehicle or property of the state, a political
               subdivision thereof, or a public utility or mode
               of public transportation, power or communication;
               or

          (c)  Notwithstanding RCW 16.52.070, causes physical
               damage, destruction, or injury by amputation,
               mutilation, castration, or other malicious act to
               a horse, mule, cow, heifer, bull, steer, swine,
               goat, or sheep which is the property of another.

     (2)  Malicious mischief in the second degree is a class C
          felony.  [1979 c 145  2; 1975 1st ex.s. c 260 
          9A.48.080.]


9A.48.090  Malicious mischief in the third degree.

     (1)  A person is guilty of malicious mischief in the third
          degree if he knowingly and maliciously causes physical
          damage to the property of another, under circumstances
          not amounting to malicious mischief in the first or
          second degree.

     (2)  Malicious mischief in the third degree is a gross
          misdemeanor if the damage to the property is in an
          amount exceeding fifty dollars; otherwise, it is a
          misdemeanor.  [1975 1st ex.s. c 260  9A.48.090.]


9A.48.070  Malicious mischief -- "Physical damage" defined.

  For the purposes of RCW 9A.48.070 through 9A.48.090 inclusive:

     (1)  "Physical damage", in addition to its ordinary meaning,
          shall include the total or partial alteration, damage,
          obliteration, or erasure of records, information, data,
          computer programs, or their computer representations,
          which are recorded for use in computers or the
          impairment, interruption, or interference with       
          the use of such records, information, data, or computer
          programs or the impairment, interruption or
          interference with the use of any computer or services
          provided by computers. "Physical damage" also includes
          any diminution in the value of any property as the      
          consequence of an act;

     (2)  If more than one item of property is physically damaged
          as a result of a common scheme or plan by a person and
          the physical damage to the property would, when
          considered separately, constitute mischief in the third
          degree because of value, then the value of the damages
          may aggregated in one count.  If the sum of the value
          of all the physical damages exceeds two hundred       
          fifty dollars, the defendant may be charged with and
          convicted of malicious mischief in the second degree. 
          [1984 c 273  4; 1981 c 260  2.  Prior: 1979 ex.s. c
          244  11; 1979 c 145  3; 1977 ex.s c 174  1; 1975
          1st ex.s c 260  9A.48.100.]


9.61.230  	Telephone call to harass, intimidate, torment or 
embarrass.

     Every person who, with intent to harass, intimidate, torment
     or embarrass any other person, shall make a telephone call
     to such other person:

     (1)  Using any lewd, lascivious, profane, indecent or
          obscene words or language, or suggesting the commission
          of any lewd or lascivious act; or 

     (2)  Anonymously or repeatedly or at an extremely
          inconvenient hour, whether or not conversation ensues;
          or

     (3)  Threatening to inflict injury on the person or property
          of the person called or any member of his or her family
          or household;

     shall be guilty of a gross misdemeanor, unless that person
     has previously been convicted of any crime of harassment, as
     defined in RCW 9A.46.060, with the same victim or member of
     the victim's family or household or any person specifically
     name in a no-contact or no-harassment order in this or any
     other state, in which case the person is guilty of a class C
     felony punishable under chapter 9A.20 RCW.  [1985 c 288 
     11; 1967 c 16  1.]


9.61.240  Telephone calls to harass, intimidate, torment or 
          embarrass -- Permitting telephone to be used.

     Any person who knowingly permits any telephone under his/her
     control to be used for any purpose prohibited by RCW
     9.61.230 shall be guilty of a misdemeanor.  [1967 c 16  2.]

9.61.250  Telephone calls to harass, intimidate, torment or
          embarrass - Offense, where deemed committed.

     Any offense committed by use of a telephone as set forth in
     RCW 9.61.230 may be deemed to have been committed either at
     the place from which the telephone call or calls were made
     or at the place where the telephone call or calls were
     received.  [1967 c 16  3.]

 