Revised Code of Washington
Wash. Rev. Code § 9.62.010 (2026)
Malicious prosecution
✓ current as of May 2026
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Every person who shall, maliciously and without probable cause therefor, cause or attempt to cause another to be arrested or proceeded against for any crime of which he or she is innocent:
(1) If such crime be a felony, is guilty of a class C felony and shall be punished by imprisonment in a state correctional facility for not more than five years; and
(2) If such crime be a gross misdemeanor or misdemeanor, shall be guilty of a misdemeanor.
[ 2003 c 53 s 40; 1992 c 7 s 15; 1909 c 249 s 117; Code 1881 s 899; 1873 p 203 s 98; 1854 p 92 s 89; RRS s 2369.]
Notes:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
Notes of Decisions
Cited in 8
cases (1 in the last 5 years), 1967–2023 · leading case: State of Washington v. Marshall Disney, 398 P.3d 1218 (Wash. Ct. App. 2017).
State of Washington v. Marshall Disney, 398 P.3d 1218 (Wash. Ct. App. 2017). “Disney with one count of malicious prosecution in violation of RCW 9.62.010. 2 ¶5 At the malicious prosecution trial, Ms.”
State v. Gjertson, 430 P.2d 972 (Wash. 1967). “020 (attempt to commit a crime while armed); RCW 9.62.010 (attempted malicious prosecution); RCW 9.”
State Farm Fire & Cas. Co. v. Thomas, 754 P.2d 1038 (Wash. Ct. App. 1988). “The making of the false accusation was intentional, and the facts of this case demonstrate that in doing so Thomas committed malicious prosecution, a class C felony under RCW 9.62.010, and perjury, a class B felony under RCW 9A.”
State Of Washington, V Brian Glenn Cox (Wash. Ct. App. 2016). “” RCW 9.62.010. However, a conviction conclusively proves that there was probable cause, unless that 27 No.”
State Of Washington, V Brian Glenn Cox (Wash. Ct. App. 2016). “” RCW 9.62.010. However, a conviction conclusively proves that there was probable cause, unless that 28 No.”
State Of Washington, V James John O'hagan (Wash. Ct. App. 2019). “Malicious Prosecution O’Hagan alleges that the State filed the charges against him in an attempt to prevent him from being elected to the Washington State House of Representatives.”
Powell v. King Cnty. (W.D. Wash. 2020). “at 8; 6 7 “Plaintiff also has pled violation of two criminal statutes, RCW 9.62.010 (Claim VI) 8 and RCW 9A.28.040 (Claim XI), neither of which she has standing to assert,” id.”
Foss v. King Cnty. (W.D. Wash. 2023). “10 In this civil action, the complaint appears to bring a claim under a Washington criminal 11 statute, RCW 9.62.010, on malicious prosecution. Dkt.”
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