Wash. Rev. Code » Title 9A · Chapter 9A.56
Revised Code of Washington

Wash. Rev. Code § 9A.56.320 (2026)

Financial fraud—Unlawful possession, production of instruments of

✓ current as of May 2026
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(1) A person is guilty of unlawful production of payment instruments if he or she prints or produces a check or other payment instrument in the name of a person or entity, or with the routing number or account number of a person or entity, without the permission of the person or entity to manufacture or reproduce such payment instrument with such name, routing number, or account number.
(2)(a) A person is guilty of unlawful possession of payment instruments if he or she possesses two or more checks or other payment instruments, alone or in combination:
(i) In the name of a person or entity, or with the routing number or account number of a person or entity, without the permission of the person or entity to possess such payment instrument, and with intent either to deprive the person of possession of such payment instrument or to commit theft, forgery, or identity theft; or
(ii) In the name of a fictitious person or entity, or with a fictitious routing number or account number of a person or entity, with intent to use the payment instruments to commit theft, forgery, or identity theft.
(b) (a)(i) of this subsection does not apply to:
(i) A person or financial institution that has lawful possession of a check, which is endorsed to that person or financial institution; and
(ii) A person or financial institution that processes checks for a lawful business purpose.
(3) A person is guilty of unlawful possession of a personal identification device if the person possesses a personal identification device with intent to use such device to commit theft, forgery, or identity theft. "Personal identification device" includes any machine or instrument whose purpose is to manufacture or print any driver's license or identification card issued by any state or the federal government, or any employee identification issued by any employer, public or private, including but not limited to badges and identification cards, or any credit or debit card.
(4) A person is guilty of unlawful possession of fictitious identification if the person possesses a personal identification card with a fictitious person's identification with intent to use such identification card to commit theft, forgery, or identity theft, when the possession does not amount to a violation of RCW 9.35.020.
(5) A person is guilty of unlawful possession of instruments of financial fraud if the person possesses a check-making machine, equipment, or software, with intent to use or distribute checks for purposes of defrauding an account holder, business, financial institution, or any other person or organization.
(6) This section does not apply to:
(a) A person, business, or other entity, that has lawful possession of a check, which is endorsed to that person, business, or other entity;
(b) A financial institution or other entity that processes checks for a lawful business purpose;
(c) A person engaged in a lawful business who obtains another person's personal identification in the ordinary course of that lawful business;
(d) A person who obtains another person's personal identification for the sole purpose of misrepresenting his or her age; and
(e) A law enforcement agency that produces or displays counterfeit credit or debit cards, checks or other payment instruments, or personal identification devices for investigative or educational purposes.
(7) In a proceeding under this section that is related to an identity theft under RCW 9.35.020, the crime will be considered to have been committed in any locality where the person whose means of identification or financial information was appropriated resides, or in which any part of the offense took place, regardless of whether the defendant was ever actually in that locality.
(8) A violation of this section is a class C felony.
[ 2003 c 119 s 1.]
Notes of Decisions
Cited in 10 cases (1 in the last 5 years), 2007–2024 · leading case: In Re Shale, 158 P.3d 588 (Wash. 2007).
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In Re Shale, 158 P.3d 588 (Wash. 2007). · cites it 2× “The statute defining that crime, RCW 9A.56.320(2), provides a person is guilty of unlawful possession of payment instruments if he possesses two or more checks or payment instruments "[i]n the name of a person or entity, or with the routing number or account number of a person…”
In re the Pers. Restraint of Shale, 160 Wash. 2d 489 (Wash. 2007). · cites it 2× “The statute defining that crime, RCW 9A.56.320(2), provides a person is guilty of unlawful possession of payment instruments if he possesses two or more checks or payment instruments “[i]n the name of a person or entity, or with the routing number or account number of a person…”
State v. Tinajero, 228 P.3d 1282 (Wash. Ct. App. 2009). · cites it 3× “Tinajero was subsequently charged with unlawful possession of fictitious identification pursuant to RCW 9A.56.320(4). ¶4 At trial, Detective Tucker was qualified by the court as an expert witness regarding the validity of various forms of identification.”
State v. Liden, 156 P.3d 259 (Wash. Ct. App. 2007). “[3] Webster's Dictionary defines a "bank" as an "establishment for the custody, loan, exchange, or issue of money, for the extension of credit, and for facilitating the transmission of funds by drafts or bills of exchange; an institution incorporated for performing one or more…”
State v. Liden, 138 Wash. App. 110 (Wash. Ct. App. 2007). “an institution incorpo *118 rated for performing one or more of such functions.” Webster’s Third New International Dictionary 172 (1976).”
State Of Washington v. Randall Smith (Wash. Ct. App. 2016). · cites it 2× “Likewise, the crimes of unlawful possession of a personal identification device and unlawful possession of payment instruments also require the State to 11 “Criminal profiteering” is defined as any act, including any anticipatory or completed offense, committed for financial…”
State Of Washington, V. Dominic Antonio England (Wash. Ct. App. 2024). · cites it 2× “7 Under RCW 9A.56.320(2)(a)(ii), a person is guilty of unlawful possession of payment instruments if he possesses payment instruments “[i]n the name of a fictitious person or entity, or with a fictitious routing number or account number of a person or entity, with intent to use…”
State v. Tinajero, 228 P.3d 1282 (Wash. Ct. App. 2010). · cites it 3× “Tinajero was subsequently charged with unlawful possession of fictitious identification pursuant to RCW 9A.56.320(4). ¶ 4 At trial, Detective Tucker was qualified by the court as an expert witness regarding the validity of various forms of identification.”
State Of Washington, V Frank Shannon Bellue (Wash. Ct. App. 2015). · cites it 2× “RCW 9A.56.320(2)(a). 5 A person commits unlawful possession of instruments of financial fraud by “possess[ing] a check-making machine, equipment, or software, with [the] intent to use or distribute checks for purposes of defrauding an account holder, business, financial…”
State Of Washington v. Muhammed Zbeida Tillisy (Wash. Ct. App. 2014). “020(1 )(b) (counts III and IV); and one count of unlawful possession of payment instruments, in violation of RCW 9A.56.320(1) and (2) (count VI).8 A jury found Tillisy guilty on all counts.”
— Wash. Rev. Code § 9A.56.320(1) — 1 case
State Of Washington v. Muhammed Zbeida Tillisy (Wash. Ct. App. 2014). “020(1 )(b) (counts III and IV); and one count of unlawful possession of payment instruments, in violation of RCW 9A.56.320(1) and (2) (count VI).8 A jury found Tillisy guilty on all counts.”
— Wash. Rev. Code § 9A.56.320(2) — 3 cases
In Re Shale, 158 P.3d 588 (Wash. 2007). “The statute defining that crime, RCW 9A.56.320(2), provides a person is guilty of unlawful possession of payment instruments if he possesses two or more checks or payment instruments "[i]n the name of a person or entity, or with the routing number or account number of a person…”
In re the Pers. Restraint of Shale, 160 Wash. 2d 489 (Wash. 2007). “The statute defining that crime, RCW 9A.56.320(2), provides a person is guilty of unlawful possession of payment instruments if he possesses two or more checks or payment instruments “[i]n the name of a person or entity, or with the routing number or account number of a person…”
State Of Washington v. Randall Smith (Wash. Ct. App. 2016). “Likewise, the crimes of unlawful possession of a personal identification device and unlawful possession of payment instruments also require the State to 11 “Criminal profiteering” is defined as any act, including any anticipatory or completed offense, committed for financial…”
— Wash. Rev. Code § 9A.56.320(2)(a) — 1 case
State Of Washington, V Frank Shannon Bellue (Wash. Ct. App. 2015). “RCW 9A.56.320(2)(a). 5 A person commits unlawful possession of instruments of financial fraud by “possess[ing] a check-making machine, equipment, or software, with [the] intent to use or distribute checks for purposes of defrauding an account holder, business, financial…”
— Wash. Rev. Code § 9A.56.320(2)(a)(i) — 2 cases
In Re Shale, 158 P.3d 588 (Wash. 2007). “The statute defining that crime, RCW 9A.56.320(2), provides a person is guilty of unlawful possession of payment instruments if he possesses two or more checks or payment instruments "[i]n the name of a person or entity, or with the routing number or account number of a person…”
In re the Pers. Restraint of Shale, 160 Wash. 2d 489 (Wash. 2007). “The statute defining that crime, RCW 9A.56.320(2), provides a person is guilty of unlawful possession of payment instruments if he possesses two or more checks or payment instruments “[i]n the name of a person or entity, or with the routing number or account number of a person…”
— Wash. Rev. Code § 9A.56.320(2)(a)(ii) — 1 case
State Of Washington, V. Dominic Antonio England (Wash. Ct. App. 2024). “7 Under RCW 9A.56.320(2)(a)(ii), a person is guilty of unlawful possession of payment instruments if he possesses payment instruments “[i]n the name of a fictitious person or entity, or with a fictitious routing number or account number of a person or entity, with intent to use…”
— Wash. Rev. Code § 9A.56.320(4) — 2 cases
State v. Tinajero, 228 P.3d 1282 (Wash. Ct. App. 2009). “Tinajero was subsequently charged with unlawful possession of fictitious identification pursuant to RCW 9A.56.320(4). ¶4 At trial, Detective Tucker was qualified by the court as an expert witness regarding the validity of various forms of identification.”
State v. Tinajero, 228 P.3d 1282 (Wash. Ct. App. 2010). “Tinajero was subsequently charged with unlawful possession of fictitious identification pursuant to RCW 9A.56.320(4). ¶ 4 At trial, Detective Tucker was qualified by the court as an expert witness regarding the validity of various forms of identification.”
— Wash. Rev. Code § 9A.56.320(5) — 1 case
State Of Washington, V Frank Shannon Bellue (Wash. Ct. App. 2015). “RCW 9A.56.320(2)(a). 5 A person commits unlawful possession of instruments of financial fraud by “possess[ing] a check-making machine, equipment, or software, with [the] intent to use or distribute checks for purposes of defrauding an account holder, business, financial…”
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