Author: Richmond Cariaga

What Counts as a Threat Online Under Criminal Law?

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Threatening someone means placing them in reasonable fear that they or another person will be subjected to wrongful acts. A threat online is communicated through the internet, such as on a blog, through social media, or through other malicious online activities. When online activity becomes harassing or threatening, it can violate criminal laws. Our Seattle cybercrime defense lawyer discusses criminal threats online and online harassment under Washington law in this blog.

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Defining Threats Under Washington State Law

A “threat” is defined under RCW 9A.04.10(28) as indirect or direct communication with the intent to:

  • Cause the person threatened or someone else with bodily harm in the future
  • Cause damage to someone else’s property
  • Subject someone to physical restraint or confinement
  • Accuse someone of committing a crime or causing them to be charged with a crime
  • Publicize an asserted fact or expose a secret, regardless of the truthfulness of the subject, which could cause someone to be subjected to contempt, hatred, or ridicule
  • Reveal information a person sought to conceal
  • Withhold or provide testifying or information concerning another person’s defense or legal claim
  • An official wrongfully withholding or taking official action against someone or something
  • Start or continue a boycott, strike, or collective action to obtain property that is not received or demanded for the benefit of the group
  • Any other act intended to cause significant harm to the person or another person concerning their safety, personal relationships, health, financial condition, or business

Threats can become harassment under Washington law when a person knowingly and without legal authority makes threats that can cause another person bodily injury, property damage, physical restraint, confinement, or substantial harm to their health or safety. The person making the threat must cause the person threatened to believe the threat is real.

Washington Statutes Regarding Cyber Threats

About four in ten Americans experience online harassment, according to the Pew Research Center. Online threats are made against people because of politics, religion, sexual orientation, and many other issues and characteristics. Threats may be physical, sexual, offensive, and embarrassing. Online threats may rise to the level of stalking, abuse, harassment, and other illegal acts.

RCW 9A.90.120 defines the crime of cyber harassment in Washington State. A person can be found guilty of cyber harassment if they make an electronic communication with the intent to intimidate or harass another person. Online threats charged under this situation can be gross misdemeanors or felonies.

A gross misdemeanor for an online threat in Seattle can result in a $5,000 fine and 364 days in jail. If a person is convicted of felony online threats, they may face up to $10,000 in fines and five years in prison.

Depending on the situation, an individual could be charged with multiple crimes for making online threats in Seattle, WA. Aggravated circumstances, such as those involving children and threats of violence with weapons, are examples of situations that could lead to additional criminal charges.

Real-World Scenarios: What May or May Not Count as a Threat 

The First Amendment to the U.S. Constitution protects free speech. Therefore, online content may be protected as free speech. However, free speech does not protect against cyber harassment or criminal threats online in Seattle.

Examples of online speech that could legally be considered a criminal threat include:

  • A direct message to someone stating your intent to harm them
  • Repeated messages causing reasonable fear despite vague language
  • Using social media to repeatedly harass, monitor, or threaten someone, causing them fear
  • Sending repeated emails threatening to damage property
  • Creating and sharing posts, memes, and videos implying violence against someone
  • Threatening to cause harm to a family member
  • Posting a person’s private information online, encouraging other people to harass or threaten them

There is a fine line between free speech and online threats. There could be multiple defenses to charges of criminal threats online in Washington State.

What to Do if You’re Accused of Making an Online Threat in Seattle State

Immediate steps to take if you are accused of making online threats include:

  • Do not contact the other party or delete any posts or information online
  • Speak with a Seattle cybercrime defense attorney as soon as possible
  • Gather evidence, including screenshots, copies of posts, witness names, emails, text messages, social media posts, instant messages, etc.
  • Create a list of your internet providers, social media accounts, and other online accounts
  • Preserve electronic devices, including hard drives, tablets, cell phones, etc.
  • Make notes of your cloud storage services

Disclose all information to your attorney so they can investigate the potential for fraud, breaches, and other cybercrimes. You may have one or more defenses to allegations of online threats, including lack of intent, insufficient evidence, and mistaken identity.

Are You Being Accused of Making Threats Online in Seattle, WA?

If you are under investigation or facing charges for an online threat in Seattle, do not wait. Contact Jennifer Horwitz for a confidential consultation with our Seattle cybercrime defense lawyer. Early legal intervention is essential to protect your rights and best interests.

How Law Enforcement Tracks Online Activity in Cybercrime Cases

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Cybercriminals have increasingly sophisticated tactics to commit crimes, including phishing scams, identity spoofing, and ransomware. AI-generated content is being used to infiltrate secure systems and deceive victims. Bad actors mask their digital footprints in multiple, complex ways.

However, law enforcement agencies are also using smarter, more sophisticated tools to track online activity in cybercrime cases. They combine legal processes, digital forensics, and intelligence gathering to uncover evidence and identify cybercriminals. Our Seattle cybercrime defense lawyer discusses how law enforcement tracks online activity and what that means for your criminal defense.

What Counts as a Cybercrime in Washington State?

The Washington Cybercrime Act defines cybercrimes. Cybercrime encompasses a wide range of illegal activities involving digital data, networks, and computers. Examples of cybercrimes include, but are not limited to:

  • Electronic data interference
  • Computer trespass
  • Child exploitation
  • Identity theft
  • Hacking
  • Online fraud
  • Cyberbullying
  • Electronic data tampering
  • Ransomware
  • Spoofing and phishing
  • Cyberstalking

Essentially, any crime that involves a digital device or computer as a significant component can be classified as a cybercrime. The field of cybercrime is continuing to evolve as new technologies and devices become available for use, including AI technology.

How Law Enforcement Begins Tracking Digital Behavior

Law enforcement officers track digital behavior for many reasons, including intelligence gathering, monitoring potential threats, and criminal investigations. They may receive information from anonymous sources, voluntary disclosure, publicly available information, subpoenas from tech companies, or suspicious activity reports.

The FBI investigates malicious cyber activity. It is the lead investigating agency for cyberattacks and intrusions. The FBI has trained cyber squads in each of the 55 field offices, including the FBI Cyber Task Force in the Seattle Office.

The National Cyber Investigative Joint Task Force (NCIJTF) comprises over 30 agencies from the intelligence community, law enforcement, and the Department of Defense. The NCIJTF integrates, coordinates, and shares information to support cyberthreat investigations.

Tools and Techniques Law Enforcement Uses to Investigate Cybercrimes

Law enforcement agencies use many tools and techniques to investigate cybercrimes. Examples include, but are not limited to:

  • Subpoenas to internet service providers (ISPs) and other service providers for metadata and other information
  • Digital and device forensics to recover deleted files, trace online activity, analyze data, and compare data
  • Using network monitoring tools to analyze and monitor network traffic to track data and identify malicious activity
  • C2 Hunting to track communication between attacker-controlled servers and compromised systems
  • Open-Source Intelligence (OSINT) involves gathering information from public sources, including social media analysis, extracting data from websites (i.e., web scraping), and public record searches
  • Using CCTV footage and other surveillance techniques to gather evidence and track suspects
  • Interviewing witnesses, suspects, and victims to gather information
  • Analyzing financial transactions to identify suspicious activity and track money
  • Cooperation with tech companies and working with other law enforcement agencies and government entities
  • Monitoring, investigating, and analyzing information discovered on the dark web
  • Using advanced technology such as IA for pattern recognition and data analysis

There are legal limitations, such as the protections against unreasonable searches and seizures under the Fourth Amendment to the U.S. Constitution and the protections afforded by the Washington State Constitution. The need to investigate and gather information must be balanced with privacy concerns, especially when sharing digital data involves individuals who are not suspected of a crime.

What You Should Know if You Are Under Investigation for Cybercrimes in Seattle, WA

There are several signs that you may be under investigation for cybercrimes in Washington, including unusual financial activity, increased surveillance, receiving subpoenas, contact from law enforcement, and changes in the behavior of your friends, family, and associates. You may receive a target letter from federal prosecutors, a search warrant, or have your account frozen.

Recognizing the signs early allows you to seek legal counsel from an experienced Seattle cybercrime defense attorney. If you believe you are under investigation for cybercrimes, contact an attorney immediately. Do not talk to law enforcement without an attorney present. Make sure to give your attorney all evidence that could be related to the case, including emails, digital records, and documents.

Contact Our Seattle Cybercrime Defense Lawyer

Attorney Jennifer Horwitz helps protect your digital rights and defends against overreaching prosecutions. Call Jennifer Horwitz Law today for help with cybercrime charges in Washington State.

Healthcare Fraud or Honest Mistake? Understanding Intent in White Collar Cases

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In white collar cases, including healthcare fraud, intent is one of the most critical concepts that can define a defense strategy. Facing healthcare fraud charges can be overwhelming. You need the best defense possible, which begins with understanding intent in white collar cases. Our Seattle criminal defense lawyer discusses healthcare fraud and the distinction between fraud and an honest mistake in this blog.

What Constitutes Healthcare Fraud Under Washington State and Federal Law?

Healthcare fraud is defined under Federal Code 18 USC §1347 as willfully and knowingly attempting to or executing a scheme to defraud a healthcare benefit program. Washington Code §74.09.230 also makes it a crime to knowingly make or cause to be made false statements or use deception related to medical programs.

Intent is a crucial element of healthcare fraud. It is generally required that the party knowingly and willingly engaged in a scheme or made false statements to defraud a healthcare program.

Why Intent Matters in Healthcare Fraud Prosecutions in Seattle, WA

The government must prove the defendant had a specific intent to defraud a party. Proving intent can be challenging because it requires showing what someone was thinking as they took specific actions.

Intent to defraud in a criminal case refers to an individual’s deliberate intention to cheat or deceive another party, typically with the goal of financial gain. It is a conscious effort to mislead someone by concealing information, issuing a forged document, making false statements, or creating a false impression.

Direct evidence of intent is rare, but it does happen. For example, the prosecution may have a recording of the defendant on which they can be heard discussing their intent to lie about a material fact. Therefore, the prosecution may use circumstantial evidence to prove a pattern of fraudulent conduct. For example, they may use evidence proving the defendant concealed material facts or had a financial incentive to make false statements.

The “knowingly and willingly” requirements mean that the prosecution must demonstrate the defendant’s actions were not the result of a mistake, accident, recklessness, or negligence. They knew what they were doing was wrong.

There is a difference between reckless conduct and willful misconduct. Reckless behavior is conduct that is so careless it constitutes an extreme departure from the care a reasonable person would use. Willful misconduct means taking action intentionally to achieve a wrongful purpose.

Common Scenarios That Lead to Criminal Investigations in Seattle, WA

Numerous parties can be involved in healthcare fraud, including doctors, patients, billing services, medical facilities, dentists, health insurers, fake labs, and many others. Examples of activities that could result in criminal charges for healthcare fraud include, but are not limited to:

  • Billing for services not rendered
  • Unbundling – billing for each stage of a procedure as if it were a separate procedure
  • Providers waiving co-pays and then overbilling insurance companies
  • Upcoding – billing for more expensive services than the patient required
  • Billing for non-existent services or supplies, including creating fake labs and facilities for billing
  • Falsifying diagnoses to justify unnecessary procedures
  • Altering medical records
  • Submitting multiple claims for the same service (i.e., double billing)
  • Performing unnecessary procedures or treatments

Audits and whistleblower tips can trigger investigations for healthcare fraud. Additionally, federal task forces in the Seattle area, including the Health Care Fraud Prevention and Enforcement Action Team (HEAT), also help uncover cases of healthcare fraud.

The state has the burden of proving its case against you. However, that does not mean you should not mount a vigorous defense against the charges. Our criminal defense lawyers challenge the state’s evidence to attack the elements of the crime, including intent.

For instance, attorneys might present evidence of the use of compliant auditing programs to establish a lack of intent. They may use evidence to prove that errors in coding and billing were a mistake instead of fraud.

Get Help from a Seattle Healthcare Fraud Defense Lawyer

The earlier you seek legal advice about the charges you face, the better for your defense. Early legal representation can prevent an investigation or inquiry from escalating into an indictment.

Attorney Jennifer Horwitz has more than 30 years of experience in criminal law. She is a seasoned trial attorney and a skilled negotiator. Contact Jennifer Horwitz Law to schedule a consultation with a Seattle criminal defense attorney.

First-Time Drug Offenders: Will You Go to Jail?

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So you got arrested for drug possession in Seattle. The question likely keeping you up at night is whether you’re headed to jail or if there’s a way out of this mess.

Here’s what most people don’t realize about Washington state. The system actually tends to favor keeping first-time offenders out of jail these days. Seattle prosecutors have embraced diversion programs and alternatives to custody. Your situation might not be as hopeless as it feels right now.

Every case tells a different story, though. There are details that will shape everything that happens next, like, what drug were you carrying? How much did the police find? Did they catch you with a personal stash or something that looks like you were planning to sell?

Getting an experienced Seattle drug crimes defense attorney involved early can completely change your trajectory. They know which doors might still be open. They understand how local prosecutors think and what alternatives might work for your specific situation.

How Washington Handles Drug Possession Now

Everything changed after the 2021 State v. Blake decision. Washington reclassified most simple drug possession cases as gross misdemeanors instead of felonies. This shift matters more than you might think.

A gross misdemeanor conviction can mean up to 180 days in jail and a $1,000 fine. That’s for first-time simple possession. That could mean up to 364 days in jail and a fine, but many defendants qualify for diversion or treatment instead of serving time. Police found a small amount of heroin in your wallet? You’re probably looking at gross misdemeanor charges.

Felony charges are different. Prosecutors file felonies when they suspect you were selling drugs. Multiple small baggies suggest distribution. Digital scales raise red flags. Large amounts of cash don’t help your case either.

The specifics of your arrest determine which path prosecutors take. One baggie for personal use tells a different story than twenty individually wrapped portions. Context matters. Intent matters even more.

What Happens After Your Arrest

Seattle police book you after a drug arrest. Sometimes they release you immediately. Other times you wait in custody until arraignment. The court explains the charges against you at that first hearing.

You have options for legal representation. You can hire Jennifer Horwitz to handle your defense. If you can’t afford to hire an attorney, the court will appoint a public defender to represent you.

Prosecutors face deadlines for filing charges. They have one year for gross misdemeanors and three years for felonies. This gives you time to prepare a defense strategy.

One crucial piece of advice. Don’t talk to police without an attorney present. They’ll want to interview you after the arrest. Exercise your right to remain silent. Call Jennifer instead.

Jail Isn’t Guaranteed for First-Time Offenders

Seattle approaches drug cases differently now. For example, King County prosecutors frequently offer alternatives to jail time for first-time possession charges, indicating a shift in focus from punishment to treatment and rehabilitation.

Prosecutors weigh several elements when deciding your case. Different substances trigger different responses from the legal system. For example, finding cocaine in someone’s possession creates a more serious situation than discovering marijuana, as does the presence of weapons during an arrest. If children were nearby when police made the arrest, that factor weighs heavily against you in prosecutorial decision-making.

Your criminal history also influences their decision. A clean record works in your favor, as well as how you handled the arrest matters. Cooperation doesn’t guarantee leniency, but hostility guarantees problems.

Seattle’s local policies and King County prosecutorial discretion reflect the state’s focus on treatment and diversion, so even though jail is a possible penalty, many first-time offenders resolve their cases without serving time.

First-Time Offender Waivers Apply to Some Cases

Washington offers First-Time Offender Waivers for certain felony drug charges. Judges can waive jail or prison time if you qualify. You might receive probation instead of custody.

FTOW only applies to specific felony offenses. Simple possession gross misdemeanors don’t qualify for this program. The conviction remains on your record, but you avoid incarceration.

Seattle Provides Multiple Alternatives

Washington created a number of programs specifically for first-time drug offenders, each addressing different circumstances:

LEAD (Law Enforcement Assisted Diversion) programs divert people directly to treatment services instead of prosecution. Police can refer eligible individuals to support programs rather than booking them into jail.

Drug Court combines intensive supervision with comprehensive treatment access. You report regularly to the judge while receiving addiction services and support.

Deferred Prosecution allows you to avoid conviction entirely. Complete the required treatment program and follow all conditions. Prosecutors dismiss the charges upon successful completion.

Pre-Trial Diversion focuses on rehabilitation and community service. You complete specific requirements in exchange for avoiding conviction altogether.

These programs aren’t available to everyone. You typically need a clean criminal record and nonviolent charges. But they offer real alternatives to traditional prosecution.

Charges Don’t Always Stick

Police make mistakes during investigations and arrests. They conduct searches without proper warrants. They lack probable cause for traffic stops. These procedural errors can destroy the prosecution’s case.

Your attorney might negotiate favorable plea agreements. Felony charges sometimes get reduced to misdemeanors. Jail time might become probation. Experienced defense lawyers understand how to structure these deals.

Evidence problems sink prosecutions. Chain of custody issues matter. Lab testing problems create reasonable doubt. Every case contains potential weaknesses that skilled attorneys can identify and exploit.

Why You Need a Seattle Drug Crimes Defense Attorney

Drug cases involve complex state laws and evolving local policies. Seattle prosecutors handle thousands of possession cases annually and know the system inside and out. You need representation from someone who knows it even better.

Schedule a consultation with Jennifer today to discuss your defense.

Inadvertent Contact Online with Minors and How to Protect Yourself

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Personal devices connect us instantly to millions of online users. Teenagers and children are no exception. Many minors have social media accounts and routinely visit websites that allow contact between users. Unfortunately, an adult could be charged with one or more crimes involving minors stemming from contact with a minor online. Our Seattle sex crimes defense attorney discusses how to protect yourself from inadvertent contact online with minors.

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When Can Contact Online with a Minor Become a Crime?

CMIP (Communication with a Minor for Immoral Purposes) is an example of how you could be charged with a crime by inadvertently contacting a minor online. Under Washington law, it is illegal for a person to communicate with a minor for immoral purposes.

Communication includes talking to a minor in person or on the telephone. It also includes communicating with a minor by any electronic means, including online. Immoral purposes include discussing sexual conduct and showing a minor a sexually explicit image. However, it also includes using sexual words or obscene language.

A comment online could be misconstrued and result in a gross misdemeanor charge. However, the charge can increase to a felony for repeat offenders or individuals with specific felony sexual convictions.

In addition to state charges, you could face federal charges for communicating with a minor online to engage in sexual conduct. If you are arrested, you should seek immediate legal advice from an experienced sex crimes attorney in Seattle, WA.

How to Avoid Inadvertently Communicating with a Minor Online?

As more children are online, state and federal agencies have increased enforcement of laws aimed at keeping children safe online. It is crucial that adults take precautions to avoid communicating with minors online. Even an innocent conversation could be misinterpreted or taken out of context.

Unfortunately, it can be challenging to know if you are communicating with a minor or an adult. You might visit a website that has an age restriction so you feel safe speaking freely. However, the vast majority of age verification tools rely on the user inputting their birth year or checking a box confirming they are over 18 years old. A minor can easily get past this type of verification.

Therefore, when you are online, you can never be sure if you are speaking with a minor, an adult, or an officer involved in a sting operation. Some things you can do to protect yourself include:

  • Only visit adult websites that use verification tools designed to prevent minors from accessing the site
  • Ask a person their age instead of assuming you are speaking with an adult
  • Ask other questions that help determine a person’s age, including where they work, when they graduated, and age-specific questions (i.e., what was their favorite cartoon character in elementary school)
  • Never rely on pictures or profiles to indicate age
  • Be cautious of agreeing to video chats without knowing a person’s age

You can never be certain who you are speaking with online until you see them in real time or meet them in person. Meeting someone you met online in person can pose significant risks. The best way to protect yourself is to avoid discussing anything of a sexual nature with someone online unless you can verify their age with absolute certainty.

Schedule a Consultation with a Seattle Criminal Defense Attorney

Adults must be extremely cautious when interacting online with a minor. An innocent mistake could result in criminal charges. Schedule a consultation with Jennifer Horwitz if you are being accused of a crime involving a minor. 

How to Request a Modification or Termination of a Protection Order in Seattle

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Washington state law allows parties to file a motion with the court requesting to modify or terminate a protection order in Seattle. However, the court must hold a hearing after notice to all parties. The judge must find that a substantial change in circumstances has occurred to justify modifying or terminating the protection order. In this article, our Seattle criminal defense attorney discusses the process to request a modification or termination of a protection order.

Filing a Motion for Modification or Termination of a Protection Order in Seattle, WA

If the King County District Court issued your protection order, you must file a motion with the court to end or modify the order. Revised Code of Washington §7.105.500 allows the court to modify or terminate the following protection orders:

  • Sexual Assault Protection Order (SAPO) – Protects the victim of nonconsensual sexual conduct or penetration. One incident is sufficient for the court to grant an SAPO.
  • Domestic Violence Protection Order (DVPO) – Protects against domestic violence or the threat of violence by an intimate partner or household member.
  • Antiharassment Protection Order (AHPO) – Protects someone from unwanted behavior or contact that has no legal or legitimate purpose and causes substantial emotional distress.
  • Stalking Protection Order (SPO) – Protects someone from stalking conduct that serves no lawful purpose and causes the victim to feel frightened, intimidated, threatened, or under duress.

A petitioner (the protected party) can file a motion to modify or terminate a protection order at any time. However, the respondent (offender) can only file a motion to modify or terminate a final order once during any 12 months after the court grants an order. The court sets a hearing only if a judge finds there may be a reason to terminate or modify the order based on the information filed with the court.

Proving a Protection Order Should Be Modified or Terminated

The motion must be served on the other party, who can file an opposing declaration if they object to the request to modify or terminate the protection order. If the court schedules a hearing, both parties can appear to argue their case to the judge.

For an offender to have a protection order terminated or modified, they must prove by a preponderance of the evidence that a substantial change in circumstances makes it highly unlikely to resume the acts prohibited by the protection order. Evidence supporting the motion could include, but is not limited to:

  • The offender has never violated the terms of the protection order
  • The offender has not threatened or committed any violent acts toward the victim since the date of the order
  • The offender has completed treatment of an underlying condition that could have contributed to their behavior, such as an alcohol/drug treatment program, anger management program, etc.
  • The offender has received therapy or counseling, as indicated by a statement from their provider
  • The offender has not been convicted of any crimes since the date of the order

It can be challenging to obtain a hearing and prove that the protection order should be modified or terminated. Even if all the above were true, a judge could determine that the original conduct was so severe that a protection order should remain in effect. Hiring an experienced attorney can help you provide a solid argument supporting your request.

Get Help With a Protection Order from a Seattle Criminal Defense Attorney

If you have questions about a protection order or need legal representation, schedule a consult to speak with Jennifer, a Seattle criminal defense attorney who has extensive experience handling cases involving protection and restraining orders in Washington.

What Is the Age of Consent in Washington, and How Does It Affect Charges?

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The age of consent is how old someone must be to give their consent to an activity or conduct. In criminal law, the age of consent generally refers to the age at which a person can give consent to sexual conduct. The age differs by state and can be influenced by other factors. Our Seattle criminal defense attorneys discuss the age of consent in Washington State and how it can impact various sex crimes.

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Typically, a person must be at least sixteen years old to give consent for sexual activity in Washington State. The law defines consent as actual words or conduct indicating that the person freely agrees to engage in sexual contact or sexual intercourse.

Sexual conduct covers any touching of the intimate or sexual parts of another person for the purpose of gratifying sexual desire. Sexual intercourse means any penetration, no matter how slight, of the anus or vagina.

When charging someone with sex crimes involving a minor, proving force is unnecessary. Having any sexual conduct with someone under 16 years old can result in criminal charges.

Does a Difference in Age Impact the Charges for Sex Crimes Involving a Minor?

Because someone under the age of consent cannot freely agree to sexual conduct, having sex with someone under 16 years old results in charges of statutory rape. The state divides the rape of a child into three degrees based on the age difference between the minor and the offender.

  • Third-Degree Rape of a Child – The victim is 14 or 15 years old, and the offender is at least 48 months older. A conviction is a Class C felony punishable by up to five years in prison and a $10,000 fine.
  • Second-Degree Rape of a Child – The victim is 12 or 13 years old, and the offender is at least 36 months older. A conviction is a Class A felony punishable by up to life in prison and a $50,000 fine.
  • First-Degree Rape of a Child – The victim is under 12 years old, and the offender is at least 24 months older. A conviction is a Class A felony punishable by up to life in prison and a $50,000 fine.

Even though the age of consent in Washington is 16 years old, the relationship between the parties could impact charges. A person in authority over a minor, such as a teacher, foster parent, or coach, could be charged with a sex crime if they have consensual sex with a 16 or 17-year-old. The fact that they were in a position of authority is an aggravating factor.

Washington does have a Romeo and Juliet Law that applies to minors having sexual activity with each other. It applies to consensual sex between young people close in age. However, it does not apply if one of the young people is above the age of consent and the other is below the age of consent.

Schedule a Consultation With a Seattle Criminal Defense Attorney

A conviction for sex crimes involving a minor can result in severe penalties and lifelong social stigma. Schedule a consult with Jennifer to discuss your case with a Seattle criminal defense attorney. The best way to protect your rights is by working with a lawyer to fight the charges aggressively.

The Differences Between Misdemeanor and Felony Sex Crimes in Washington State

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Sex crimes in Washington can be charged as either misdemeanors or felony offenses. Many factors impact the severity of charges for sex crimes, including the use of force, the severity of the crime, and the use of minors. At Jennifer Horwitz Law, our Seattle criminal defense attorneys work with individuals accused of sex crimes to help them protect their rights, freedom, and future.

Difference Between Felony and Misdemeanor Crimes in Washington State

A misdemeanor is regarded as a less serious criminal offense. Washington misdemeanor offenses are classified as simple or gross misdemeanors. A simple misdemeanor is punishable by up to 90 days in jail and a maximum fine of $1,000. A gross misdemeanor can result in one year in jail and a fine of $5,000.

A felony is regarded as a serious criminal offense. Washington classifies felonies into Class A, B, or C offenses. Class A felonies are the most serious charges. Convictions of Class A felonies can result in life imprisonment and fines of $50,000.

Class B felonies can result in up to 10 years in prison and fines of $20,000. Class C felonies can result in up to five years in prison and fines of $10,000.

Numerous factors impact the sentence for criminal charges. Your criminal history, the severity of the crime, the victim, and other aggravating factors can increase the penalty for a conviction.

Misdemeanor Sex Crimes vs. Felony Sex Crimes in Washington State

Many sex crimes in Washington are filed as felony offenses. However, some offenses are misdemeanors. Below are examples of sex crimes and how they are usually charged.

Indecent Exposure

Indecent exposure is a simple misdemeanor. Therefore, the punishment for a conviction is generally up to 90 days in jail and a fine. However, if the person exposes themselves to a minor under the age of 14 years, the charge becomes a gross misdemeanor.

It is important to note that some misdemeanor sex crimes can be charged as felonies, depending on the circumstances of the case. For example, an indecent exposure charge becomes a Class C felony if the person has a prior record of convictions for indecent exposure.

Sexual Misconduct With a Minor

Sexual misconduct with a minor in the second degree involves sexual contact with someone under 18 years old, but 16 years old or older. The offender is at least 60 months older than the victim and in a position of authority over the victim (i.e., employer, teacher, coach, etc.).

The charge is a gross misdemeanor punished by up to one year in jail. Sexual contact is touching any sexual or other intimate parts for sexual gratification.

However, if you have sexual intercourse in this situation, you are charged with sexual misconduct with a minor in the first degree, which is a Class C felony.

Communication With a Minor for Immoral Purposes (CMIP)

CMIP is an example of a sex crime that can be charged as a misdemeanor or a felony offense. RCW 9.68A.090 makes it a crime for a person to:

  • Communicate with a minor for immoral purposes; OR,
  • Communicate with a person they believe to be a minor for immoral purposes.

“Immoral purposes” can include speaking about sexual acts, saying sexual words, using obscene language, and showing images of a sexual nature. Communication includes speaking on the telephone, communicating in writing, being face-to-face, and using any form of electronic communication.

Generally, the charge is a gross misdemeanor when the defendant does not have a criminal record and communicates by means of a physical act, simple speech, or writing. The charge increases to a Class C felony if the defendant has a criminal record for specific felony sexual offenses, is a repeat offender for this crime, and communicates electronically.

Felony Sex Crimes in Seattle, WA

As discussed above, most sex crimes in Washington State are felony offenses. Examples of felony sex crimes in Washington State include:

  • Rape
  • Statutory rape
  • Child molestation
  • Indecent liberties
  • Sexual exploitation of a minor
  • Voyeurism in the first-degree
  • Pandering, pimping, and promoting prostitution
  • Sexually violating human remains

Sexual assault may also be charged as a felony offense. However, many sexual assault allegations are resolved as Assault 4 with sexual motivation charge, which is a gross misdemeanor.

The class of the felony depends on many factors, usually the victim’s age and the severity of the crime.

In addition to fines and prison sentences, most felony sex crimes result in registration on the sex offender list. Many misdemeanor sex offenses do not require registration, although some do.

Learn More During a Consultation With Our Seattle Criminal Defense Attorneys

Sex crimes are serious criminal offenses, regardless of whether they are charged as misdemeanors or felonies. The penalties you face for a sex crime could adversely impact numerous aspects of your life for a long time. Call Jennifer Horwitz Law to schedule a consultation with an experienced Seattle sex crimes attorney to discuss your legal rights and potential defenses to sex crimes in Washington State.

Sextortion and Catfishing: Understanding the Legal Risks

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Online scams and criminal activities have increased substantially. Offenders no longer need to search for their victims in person. They can sit behind a device and find their victims online.

However, some individuals may be accused of criminal activity even though they only sought friendship or companionship. Therefore, it is crucial to understand the laws governing online interactions, including sextortion and catfishing. This blog by our Seattle criminal defense attorney explains the legal risks a person may face for sextortion and catfishing in Washington State.

What Is Sextortion and Catfishing?

Catfishing involves using a fake online persona to deceive or control others. The catfisher creates a romantic relationship or friendship with a target. They use the relationship to groom the person so they can use the relationship to obtain something. For example, a catfisher may convince someone to send them money, personal information, compromising videos/photos, etc.

Sextortion involves coercing, tricking, or threatening someone into sharing personal and sensitive material. Then, the person threatens to release the material unless the victim provides sexual favors, sexual images, or money.

These activities often overlap when a catfisher manipulates a victim into sharing compromising material. Then, the catfisher uses the material to extort the victim. They may demand money, sexual images, or sexual favors to prevent them from exposing the victim online or telling the victim’s family about their online activities. Washington State residents report millions of dollars lost on catfishing scams just in 2021.

Potential Criminal Charges for Sextortion and Catfishing in Seattle, WA?

The legal risks of catfishing and sextortion include being charged and convicted of one or more crimes. Criminal offenses related to sextortion and catfishing include, but are not limited to:

  • Fraud – Fraud covers a wide range of deceptive activities. Depending on the factors involved, fraud may be prosecuted as a felony or misdemeanor offense.
  • Extortion – Washington law defines extortion as knowingly attempting or obtaining services, property, or sexual favors from someone by threat. The threat can be violence, but it could also be releasing information obtained from catfishing.
  • Harassment – Catfishing and sextortion may lead to online harassment, cyberstalking, stalking, and threats. In some cases, the offender may use threats of violence to harass the victim.
  • Child exploitation – Offenders prey on children and minors online. Catfishers may lure minors into private groups to groom them. Sexual exploitation of a child is a serious sex crime in Washington. A conviction could result in a mandatory prison sentence of 31 to 41 months. Multiple counts could result in 10 years in prison.
  • Identity Theft – Catfishers obtain personal information to steal someone’s identity. They may sell the identity to another party or use it to open credit cards, purchase firearms, obtain loans, and engage in other conduct. Identity theft is illegal under RCW §9.35.020.

Sextortion and catfishing could result in misdemeanor or felony charges. The charges may be state or federal, but they could overlap, resulting in state and federal offenses. Penalties for a conviction can include lengthy incarceration, substantial fines, probation, and restitution payments. Some crimes could result in registration as a sex offender.

What Can Victims of Catfishing and Sextortion Do?

If you have been catfished or are the victim of sextortion, you have options. You can seek a protection order against the perpetrator to prevent further contact. There may also be legal options available to you. If you have questions, need help reporting the conduct to law enforcement, or wish to seek a protection order, contact our office for more information.

Get Help From a Seattle Criminal Defense Attorney

You may receive a severe sentence for criminal charges related to sextortion and catfishing in Washington State. Criminal cases related to catfishing and sextortion involve complex legal issues. Understanding the laws governing these criminal charges, the potential penalties you face, and the legal defenses available to you is crucial.

Are you facing criminal charges related to sextortion and catfishing? Contact Jennifer Horwitz Law to discuss your legal defenses with a Seattle criminal defense attorney.

Love scam and romance fraud with messages. Online chat catfish with fake identity. Infidelity, cheating husband with secret relationship. Fraudster, swindler, scammer or cheater with laptop computer.

Understanding Washington’s Identity Theft Laws in Catfishing Cases

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Catfishing scams caused more than 650 Washington state residents to lose over $32 million in 2021. Lying about your weight or appearance is not a crime. Everyone wants to make themselves look better online. However, catfishing is more than making oneself look better. In this blog, our Washington criminal defense lawyers discuss catfishing scams and how identity theft laws may apply to these scams.

What Is Catfishing?

Catfishing occurs when a party creates a fake online identity to defraud or control someone else. They create friendships or romances, and then they use the relationship to cause harm to the person. Catfishing can be used to:

  • Humiliate or embarrass someone
  • Groom someone to get them to send sexual images or videos
  • Blackmail a person with information, photographs, or videos disclosed through the catfishing scam
  • Convince someone to send money or other assets to the party
  • Obtain personal identifying information to steal the person’s identity

Catfishers are masters of using flattery, stories, and fear tactics. They research their victims to learn about their favorite places, foods, and activities to create a bond. Once they have the person’s trust, it is easy for them to manipulate the victim into doing something the victim would not ordinarily do.

How Do Washington’s Identity Theft Laws Apply to Catfishing Cases?

Identity theft is defined under RCW §9.35.020 as knowingly using, obtaining, transferring, or possessing someone’s financial information or identification with the intent to aid, abet, or commit a crime. Scams are among the most common ways to obtain someone’s financial or personal injury, including catfishing.

Once the scammer obtains the victim’s information, they use their identity to open credit card accounts, obtain loans, or purchase firearms, cell phones, and other items in the victim’s name. The catfisher may use the victim’s personal information to create a new identity to sell to someone.

Catfishing and identity theft victims have several state and federal resources for help. They should also contact an attorney to discuss legal options for dealing with the consequences of a catfish scam.

What Are the Potential Penalties for Identity Theft in Washington?

The penalties can be severe if you are charged with identity theft related to a catfishing scam. Depending on the circumstances of the criminal charges, you could face:

Identity Theft in the Second Degree

If the stolen information was used to obtain money, credit, goods, services, or anything valued at less than $1,500, the charge is a Class C felony. A conviction can result in up to five years in prison and a $10,000 fine.

Identity Theft in the First Degree

If the stolen information was used to obtain money, credit, goods, services, or anything valued at more than $1,500, the charge is a Class B felony. A conviction can result in up to ten years in prison and a $20,000 fine.

Potential defenses to identity theft include:

  • mistaken identity,
  • unlawful search and seizure,
  • false allegations,
  • and lack of intent.

Contact a criminal defense lawyer immediately to determine the best strategy to fight identity theft charges.

Contact a Seattle Criminal Defense Lawyer for a Consultation

It is crucial that you consult an experienced Seattle criminal defense lawyer to learn about your rights and how to protect yourself from a catfishing scam. Whether you are charged with identity theft or are the victim of catfishing, you benefit from sound legal advice. Contact Jennifer Horwitz Law to schedule your consultation with an attorney.