Revised Code of Washington

Wash. Rev. Code § 9A.86.010 (2026)

Disclosing intimate images

✓ current as of May 2026

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(1) A person commits the crime of disclosing intimate images when the person knowingly discloses an intimate image of another person and the person disclosing the image:

(a) Obtained it under circumstances in which a reasonable person would know or understand that the image was to remain private;

(b) Knows or should have known that the depicted person has not consented to the disclosure; and

(2) A person who is under the age of eighteen is not guilty of the crime of disclosing intimate images unless the person:

(a) Intentionally and maliciously disclosed an intimate image of another person;

(b) Obtained it under circumstances in which a reasonable person would know or understand that the image was to remain private; and

(3) This section does not apply to:

(a) Images involving voluntary exposure in public or commercial settings; or

(b) Disclosures made in the public interest including, but not limited to, the reporting of unlawful conduct, or the lawful and common practices of law enforcement, criminal reporting, legal proceedings, or medical treatment.

(4) This section does not impose liability upon the following entities solely as a result of content provided by another person:

(a) An interactive computer service, as defined in 47 U.S.C. Sec. 230(f)(2);

(b) A mobile telecommunications service provider, as defined in RCW 82.04.065; or

(5) It shall be an affirmative defense to a violation of this section that the defendant is a family member of a minor and did not intend any harm or harassment in disclosing the images of the minor to other family or friends of the defendant. This affirmative defense shall not apply to matters defined under RCW 9.68A.011.

(6) For purposes of this section:

(a) "Disclosing" includes transferring, publishing, or disseminating, as well as making a digital depiction available for distribution or downloading through the facilities of a telecommunications network or through any other means of transferring computer programs or data to a computer;

(b) "Intimate image" means any photograph, motion picture film, videotape, digital image, or any other recording or transmission of another person who is identifiable from the image itself or from information displayed with or otherwise connected to the image, and that was taken in a private setting, is not a matter of public concern, and depicts:

(i) Sexual activity, including sexual intercourse as defined in RCW 9A.44.010 and masturbation; or

(ii) A person's intimate body parts, whether nude or visible through less than opaque clothing, including the genitals, pubic area, anus, or postpubescent female nipple.

(7) The crime of disclosing intimate images:

(a) Is a gross misdemeanor on the first offense; or

(b) Is a class C felony if the defendant has one or more prior convictions for a violation of this section or RCW 9A.86.030.

(8) Nothing in this section is construed to:

(a) Alter or negate any rights, obligations, or immunities of an interactive service provider under 47 U.S.C. Sec. 230; or

(b) Limit or preclude a plaintiff from securing or recovering any other available remedy.

[ 2024 c 88 s 8; 2016 c 91 s 1; 2015 2nd sp.s. c 7 s 1.]

Notes of Decisions

Cited in 7 cases (4 in the last 5 years), 2019–2026 · leading case: People v. Austin, 2019 IL 123910 (Ill. 2019).

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People v. Austin, 2019 IL 123910 (Ill. 2019). “§ 76 -5b-203(2)(c) (LexisNexis 2019) (requiring “actual emotional distress or harm” to the person as a result of the distribution of the intimate image); Wash. Rev. Code § 9A.86.010 (2018) (requiring the offender to know or reasonably know the disclosure of the intimate images…”

People v. Austin, 2019 IL 123910 (Ill. 2020). “§ 76 -5b-203(2)(c) - 28 - (LexisNexis 2019) (requiring “actual emotional distress or harm” to the person as a result of the distribution of the intimate image); Wash. Rev. Code § 9A.86.010 (2018) (requiring the offender to know or reasonably know the disclosure of the intimate…”

State Of Washington v. M.p. (Wash. Ct. App. 2020). · cites it 2× “of disclosing intimate images of a minor in violation of RCW 9A.86.010. 5 At trial, the State offered statements M.”

Quinteros v. InnoGames (W.D. Wash. 2024). · cites it 2× “, and Intimate 11 Image Dissemination in violation of RCW § 9A.86.010 and §§ 7.110.010–7.110.902.”

James D. Christianson, V. Lawrina Marie-alyce Harris (Wash. Ct. App. 2026). “” But the court did not find that Christianson exercised coercive control or that the images he posted were “intimate images” as defined in RCW 9A.86.010(6)(b), and it declined to order weapons surrender or to direct Christianson to domestic violence treatment.”

State Of Washington, V. Charles Carroll Hartzell, Iv (Wash. Ct. App. 2026). “050(1)(c), (2)(b); Former RCW 9A.86.010(7)(a) (2016). The trial court issued a warrant for Hartzell’s arrest2 and set a $10,000 bond.”

Rebecca Lin Ashbach v. Darren James White (Wash. Ct. App. 2026). “White When issuing a protection order, the trial court has broad discretion to grant relief, including the ability to: Restrain the respondent from possessing or distributing intimate images, as defined in RCW 9A.86.010, depicting the petitioner including, but not limited to,…”

— Wash. Rev. Code § 9A.86.010(2) — 1 case

State Of Washington v. M.p. (Wash. Ct. App. 2020). “of disclosing intimate images of a minor in violation of RCW 9A.86.010. 5 At trial, the State offered statements M.”

— Wash. Rev. Code § 9A.86.010(6)(b) — 1 case

— Wash. Rev. Code § 9A.86.010(7)(a) — 1 case

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