A relationship ends badly. Someone shares a private photo out of anger, or threatens to. Suddenly, they're facing criminal charges under Washington's intimate image law, and wondering how this happened. These cases are more common than people realize, and the stakes are serious. A conviction can mean prison time, a permanent record, and consequences that follow someone for years.

Washington's law on nonconsensual sharing of intimate images (codified at RCW 9A.86.010) is broader than most people expect. It covers more than posting explicit photos online. Understanding exactly what the law covers, and what it doesn't, matters whether you've been charged or you're trying to understand your exposure.

At Lewis and Laws, our Seattle criminal defense attorneys handle these cases and know how King County prosecutors approach them. Call us today for a confidential, judgment-free consultation. We're here to give you straight answers.

What Washington Law Actually Prohibits

RCW 9A.86.010 makes it a crime to knowingly disclose an intimate image of another person when three conditions are met. 

- The image was obtained under circumstances where a person expected it to remain private.

- The disclosing party knew or should have known that the person did not consent to sharing that image.

- The disclosing party knew or should have known that the disclosure would cause harm.

'Intimate image' means any photograph, film, or recording that depicts a person's genitals, pubic area, anus, or (for females) exposed nipples, or that depicts someone engaged in sexual conduct. The image doesn't have to be explicit in the common sense of the word. Certain images of clothed people can qualify depending on context.

It's Not Just About Posting Online

The word 'disclose' in the statute is broad. Courts have interpreted it to cover a wide range of acts.

- Sending the image to one person via text or direct message

- Posting it to a website or social media platform

- Emailing it to the victim's employer, family, or friends

- Showing it to a third party on a phone or device

The platform doesn't matter. The number of people who see it doesn't matter. Even a single, private disclosure to one person can satisfy the legal definition of disclosure under Washington law.

What About Images You Took Yourself?

This is where a lot of confusion comes in. Many people assume that because they took a photo or were present when it was taken, they have some right to share it. Washington law doesn't work that way. The relevant question is whether the person depicted had a reasonable expectation that the image would remain private. A photo taken consensually in a private setting carries that expectation, regardless of who held the camera.

Courts look at the context in which the image was created and shared. A photo exchanged between partners in a relationship is treated very differently from one taken in a public setting, even if both are technically 'intimate.'

Seattle Prosecutors Are Taking These Cases Seriously

Washington was one of the first states to criminalize nonconsensual image sharing. King County has seen a steady increase in these charges, often filed alongside domestic violence allegations or harassment charges when the disclosure happened during or after a relationship dispute.

If you are facing charges, don't assume the worst, and don't assume nothing can be done. These charges are defensible. Whether the issue is the intent element, the definition of the image, a question of consent, or procedural errors in the investigation itself, there are angles worth exploring.

The most important steps right now: stop communicating with the alleged victim, do not speak to police without an attorney present, and call a Seattle criminal defense lawyer who knows Washington's intimate image law. Every conversation you have before that can be used against you.

Contact Lewis and Laws Today

Our Seattle criminal defense attorneys understand how these cases are built and how to challenge them. Whether you've been formally charged or you're under investigation, we can help you understand what you're facing and what your options are. Call Lewis and Laws today for a confidential consultation.