Most people hear the word “solicitation” and think of one thing. But in Washington State, solicitation actually covers several different situations. It can mean criminal solicitation, phone sales calls, or sex-related offenses. Each type comes with its own rules and penalties.
Knowing the difference could save you a lot of trouble.
What Is Solicitation?
Solicitation, in simple terms, means asking or encouraging someone to do something. Under Washington law, that “something” is usually illegal. But the laws cover very different situations. So let’s break each one down clearly.
Honestly, this is the part most people miss. There isn’t just one solicitation law in Washington. There are several, and they work very differently.
Criminal Solicitation in Washington
What the Law Says
Criminal solicitation is covered under RCW 9A.28.030. This law is pretty clear. You are guilty of criminal solicitation if you offer money or something else of value to another person. The goal has to be getting them to commit a crime.
So simple! You don’t have to commit the crime yourself. Just paying or offering to pay someone to commit it is enough to be charged.
Think of it like hiring a hit man. You never throw a punch. But you still broke the law the moment you offered the money.
How the Penalties Work
Here’s where things get serious. The penalty for criminal solicitation depends on what crime you were trying to get someone to commit.
Washington law ties the punishment to the underlying offense. If you solicited someone to commit a Class A felony, you face Class B felony charges. That means up to 10 years in prison and fines up to $20,000. Soliciting a Class B felony gets you a Class C felony charge, which carries up to 5 years and $10,000 in fines. And if you solicited a Class C felony, you could face a gross misdemeanor. That’s up to 364 days in jail and a $5,000 fine.
Okay, pause. Read this carefully. Even if the other person says no or never goes through with the crime, you can still be charged. The offer itself is the crime.
Solicitation and Sex Offenses
Prostitution-Related Solicitation
Washington has specific laws around solicitation tied to prostitution. This area of law gets more serious fast.
Under RCW 9A.88.030, it is illegal to offer to engage in or agree to engage in sexual conduct for money. This applies to both sides. Offering to buy or sell sexual services is against the law.
A first offense is a misdemeanor. You could face up to 90 days in jail and a fine of up to $1,000. That might not sound severe, but the consequences don’t stop there. Courts often add extra fees, probation, and mandatory programs on top of that.
Patronizing a Prostitute
Patronizing is a separate charge under RCW 9A.88.110. This is for people who pay for, or try to pay for, sexual services. Patronizing is a Class C felony in Washington. That means up to 5 years in prison, fines up to $10,000, and mandatory registration as a sex offender.
Wait, it gets more serious. If the person involved is under 18 years old, the charge becomes commercial sexual abuse of a minor under RCW 9.68A.100. That is a Class B felony. Penalties include lengthy prison sentences and lifetime sex offender registration.
Many people assume these laws only apply to certain situations. They find out the hard way. Don’t be one of them.
Loitering for Prostitution
Washington also makes it illegal to loiter in a public place with the intent to solicit prostitution. This is covered under RCW 9A.88.110. It is typically a misdemeanor. But it can still lead to arrest, fines, and a criminal record.
Wondering if just standing somewhere could count? Yes, it can. If police believe your intent was to solicit, that’s enough to charge you.
Phone and Commercial Solicitation Laws
The Washington Commercial Telephone Solicitation Act
Most people deal with this kind of solicitation more than any other. We’re talking about telemarketing calls. Washington has strict rules under RCW 19.158 and updated them in 2022 and 2023.
You’re gonna want to know this if you run any kind of business that makes phone calls to customers.
Under current Washington law, phone solicitors must follow these rules. First, they must identify themselves, the company they represent, and the reason for the call. This has to happen within the first 30 seconds. Second, they cannot call anyone before 8 a.m. or after 8 p.m. at the receiver’s location. Third, if you ask them to stop calling, they must end the call within 10 seconds.
Pretty straightforward, right?
The Do-Not-Call Rules
Washington’s do-not-call protections are strong. If you tell a solicitor you don’t want to be called again, they must honor that. They also cannot share or sell your contact information to another company. And they cannot call you again for at least one year.
The state also supports the federal Do-Not-Call Registry. Signing up there adds another layer of protection.
Most people don’t realize how strict these laws are. You have real rights here.
Penalties for Violating Phone Solicitation Laws
Here’s what you need to know about the consequences. The fine for each violation is between $500 and $2,000. Courts can also award attorney’s fees to the person who was harmed.
For a single violation, the Washington Attorney General can issue a warning. For repeated violations, individuals can sue directly for damages. Think of it like a speeding ticket, but with extra consequences if you keep doing it.
Any salesperson who works for an unregistered phone solicitor is personally guilty of a misdemeanor. That part surprises a lot of people. The salesperson, not just the company, can be charged.
Charity Solicitation Rules
Hold on, this part is important. Washington has separate rules for charities that ask for donations.
Under RCW 19.09.100, any charity that asks the public for money must follow specific rules. They must tell you who is calling and which charity they represent. They must give you contact information for the Secretary of State’s office if you ask. And they must never mislead you about where the money goes.
Charities that have been convicted of solicitation-related crimes in the past 10 years cannot legally ask for donations in Washington. That’s a strong protection for donors.
I looked this up recently. The rules surprised me. They might surprise you too.
Special Circumstances to Know
Minors and Solicitation
Washington takes crimes involving minors extremely seriously. Soliciting a minor for any sexual purpose carries some of the harshest penalties in state law. There is no “I didn’t know” defense here.
Personally, I think this is the most important rule. The law draws a hard line when children are involved.
The “No Sale” Defense Doesn’t Exist
Here’s something that confuses a lot of people. You’re not alone if you thought the other person had to agree for you to be charged.
That’s not how Washington law works. Criminal solicitation does not require the other person to say yes. It does not require the crime to actually happen. The moment you offer money or value to get someone to commit a crime, you have broken the law.
Businesses and Registration
Commercial telephone solicitors must register with the Washington State Department of Licensing before they start calling. Operating without registration is a violation. Calling on behalf of an unregistered company is a personal misdemeanor for the individual salesperson.
Sound complicated? It’s actually not once you know the steps.
Penalties and Consequences Summary
Let’s pull it all together quickly. Washington solicitation penalties cover a wide range depending on what type of solicitation is involved.
Criminal solicitation tied to a Class A felony can mean up to 10 years in prison. Solicitation connected to Class B felonies brings up to 5 years. Solicitation-related prostitution offenses start at misdemeanors but can escalate to serious felonies. Patronizing a prostitute is already a Class C felony. And commercial phone solicitation violations bring civil fines from $500 to $2,000 per violation.
Less severe than murder charges, but still no joke.
How to Protect Yourself
If You’re a Consumer
You have options. Sign up for the National Do-Not-Call Registry at donotcall.gov. That cuts down on unwanted calls immediately. You can also register with Washington’s state list. If a solicitor violates your request, report them to the Washington Attorney General’s office.
Here’s what you need to do. Keep notes. Write down the date, time, and company name every time a solicitor calls after you’ve asked them to stop. That documentation helps if you need to file a complaint or take legal action.
If You Run a Business
Make sure your phone solicitors are registered with the Department of Licensing. Train your team on the 30-second disclosure rule and the 10-second hang-up rule. Maintain an updated do-not-call list and check it before every campaign.
Trust me, this works. A little compliance training now saves you thousands in fines later.
If You’re Facing a Charge
Talk to a criminal defense attorney right away. Washington solicitation charges move fast. The earlier you get legal help, the better your options. Many law firms in Washington offer free consultations for these types of cases.
Don’t worry, most people facing these charges for the first time have options. But you need to act quickly.
Frequently Asked Questions
Is solicitation a felony in Washington?
It depends on the type. Criminal solicitation tied to serious crimes can be a felony. But solicitation for prostitution starts as a misdemeanor for a first offense.
What happens if a telemarketer calls after I asked them not to?
You can report the violation to the Washington Attorney General’s office. For repeated violations, you may have the right to sue for damages between $100 and $2,000 per call.
Do I have to actually commit a crime to be charged with solicitation?
No. Under RCW 9A.28.030, simply offering money or value to get someone else to commit a crime is enough. The crime never has to happen.
What is the difference between solicitation and patronizing?
Solicitation under RCW 9A.88.030 covers offering or agreeing to exchange sex for money. Patronizing under RCW 9A.88.110 is specifically about paying someone for sexual services. Patronizing is a Class C felony. Solicitation for a first offense is a misdemeanor.
Are charities exempt from solicitation rules in Washington?
No. Charities must follow strict disclosure rules under RCW 19.09.100. They must identify themselves and provide contact information for state oversight offices. Charities with recent criminal convictions cannot legally solicit donations in Washington.
Final Thoughts
Washington’s solicitation laws cover more ground than most people expect. Criminal solicitation, sex-related offenses, phone sales calls, and charity fundraising all fall under different rules. Each comes with real consequences.
Now you know the basics. Stay informed, stay protected, and when in doubt, look it up or ask a lawyer.
