Your Legal Rights as an NCII Victim in Washington

Washington NCII Law Overview

Applicable statute: Revised Code of Washington § 9A.86.010 (Cyberstalking) and § 9A.86.100 (Disclosing Intimate Images)

Criminal penalty: Gross misdemeanor (up to 364 days jail and $5,000 fine) for first offense; Class C felony for repeat offenses or certain aggravating factors

Civil remedies: actual damages, injunctive relief, and attorney fees under RCW 9A.86.110

Washington state has a two-statute approach to NCII: the Cyberstalking statute for harassment-related distribution and the dedicated Disclosing Intimate Images statute (§ 9A.86.100) for non-consensual distribution generally. Washington's civil statute (§ 9A.86.110) provides attorney fees to prevailing plaintiffs, making civil action more accessible.

Washington was among the earlier states to enact NCII legislation and has continued to strengthen its framework. The state's Attorney General has an active enforcement posture toward NCII violations, particularly those involving teenagers and young adults.

Your Rights in Washington

• Right to 48-hour removal under the TAKE IT DOWN Act
• Right to file a criminal complaint under RCW 9A.86.100
• Right to civil actual damages, injunctive relief, and attorney fees
• Right to enhanced protections as a repeat victim
• Right to a victim advocate during proceedings

How to File in Washington

File a police report with local police or the Washington State Patrol. The Washington Attorney General's office handles NCII consumer protection complaints. Civil actions are filed in Superior Court.

Local Support Resources

• Washington Coalition of Sexual Assault Programs, wcsap.org
• RAINN National Hotline, 1-800-656-HOPE

Federal Rights Under the TAKE IT DOWN Act

In addition to Washington state law, the federal TAKE IT DOWN Act (47 U.S.C. 223a) gives you a direct right to demand removal from any covered platform within 48 hours. Covered platforms, those with 10 million or more monthly US active users, face FTC enforcement with civil penalties up to $50,000 per violation per day if they do not comply. ScanErase's biometric scan finds every platform hosting your images, so you can file the formal notice yourself.