Title 9A, Title 9A WASHINGTON CRIMINAL CODE
32 chapters · 402 sections in this title.
RCW 9A.04.010 Title, effective date, application, severability, captions.
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(1) This title shall be known and may be cited as the Washington Criminal Code and shall become effective on July 1, 1976.(2) The provisions of this title shall apply to any offense committed on or after July 1, 1976, which is defined in this title or the general statutes, unless…
RCW 9A.04.020 Purposes—Principles of construction.
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(1) The general purposes of the provisions governing the definition of offenses are:(a) To forbid and prevent conduct that inflicts or threatens substantial harm to individual or public interests;(b) To safeguard conduct that is without culpability from condemnation as criminal;(…
RCW 9A.04.030 State criminal jurisdiction.
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The following persons are liable to punishment:(1) A person who commits in the state any crime, in whole or in part.(2) A person who commits out of the state any act which, if committed within it, would be theft and is afterward found in the state with any of the stolen property.…
RCW 9A.04.040 Classes of crimes.
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(1) An offense defined by this title or by any other statute of this state, for which a sentence of imprisonment is authorized, constitutes a crime. Crimes are classified as felonies, gross misdemeanors, or misdemeanors.(2) A crime is a felony if it is so designated in this title…
RCW 9A.04.050 People capable of committing crimes—Capability of children.
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Children under the age of eight years are incapable of committing crime. Children of eight and under twelve years of age are presumed to be incapable of committing crime, but this presumption may be removed by proof that they have sufficient capacity to understand the act or negl…
RCW 9A.04.060 Common law to supplement statute.
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The provisions of the common law relating to the commission of crime and the punishment thereof, insofar as not inconsistent with the Constitution and statutes of this state, shall supplement all penal statutes of this state and all persons offending against the same shall be tri…
RCW 9A.04.070 Who amenable to criminal statutes.
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Every person, regardless of whether or not he or she is an inhabitant of this state, may be tried and punished under the laws of this state for an offense committed by him or her therein, except when such offense is cognizable exclusively in the courts of the United States.[ 2011…
RCW 9A.04.080 Limitation of actions.
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(1) Prosecutions for criminal offenses shall not be commenced after the periods prescribed in this section.(a) The following offenses may be prosecuted at any time after their commission:(i) Murder;(ii) Homicide by abuse;(iii) Arson if a death results;(iv) Vehicular homicide;(v) …
RCW 9A.04.090 Application of general provisions of the code.
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The provisions of chapters 9A.04 through 9A.28 RCW of this title are applicable to offenses defined by this title or another statute, unless this title or such other statute specifically provides otherwise.[ 1975 1st ex.s. c 260 s 9A.04.090.]
RCW 9A.04.100 Proof beyond a reasonable doubt.
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(1) Every person charged with the commission of a crime is presumed innocent unless proved guilty. No person may be convicted of a crime unless each element of such crime is proved by competent evidence beyond a reasonable doubt.(2) When a crime has been proven against a person, …
RCW 9A.04.110 Definitions.
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In this title unless a different meaning plainly is required:(1) "Acted" includes, where relevant, omitted to act;(2) "Actor" includes, where relevant, a person failing to act;(3) "Benefit" is any gain or advantage to the beneficiary, including any gain or advantage to a third pe…
RCW 9A.08.010 General requirements of culpability.
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(1) Kinds of Culpability Defined.(a) INTENT. A person acts with intent or intentionally when he or she acts with the objective or purpose to accomplish a result which constitutes a crime.(b) KNOWLEDGE. A person knows or acts knowingly or with knowledge when:(i) He or she is aware…
RCW 9A.08.020 Liability for conduct of another—Complicity.
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(1) A person is guilty of a crime if it is committed by the conduct of another person for which he or she is legally accountable.(2) A person is legally accountable for the conduct of another person when:(a) Acting with the kind of culpability that is sufficient for the commissio…
RCW 9A.08.030 Entity and personal liability.
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(1) As used in this section:(a) "Agent" means any director, officer, or employee of an entity, or any other person who is authorized to act on behalf of the entity;(b) "Entity" includes any domestic entity formed under or governed as to its internal affairs by Title 23, 23B, 24, …
RCW 9A.08.040 Diminished capacity—Victim identity.
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A defendant does not suffer from diminished capacity based on the discovery of, knowledge about, or potential disclosure of the victim's actual or perceived gender, gender identity, gender expression, or sexual orientation, including under circumstances in which the victim made a…
RCW 9A.12.010 Insanity.
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To establish the defense of insanity, it must be shown that:(1) At the time of the commission of the offense, as a result of mental disease or defect, the mind of the actor was affected to such an extent that:(a) He or she was unable to perceive the nature and quality of the act …
RCW 9A.16.010 Definitions.
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In this chapter, unless a different meaning is plainly required:(1) "Necessary" means that no reasonably effective alternative to the use of force appeared to exist and that the amount of force used was reasonable to effect the lawful purpose intended.(2) "Deadly force" means the…
RCW 9A.16.020 Use of force—When lawful.
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The use, attempt, or offer to use force upon or toward the person of another is not unlawful in the following cases:(1) Whenever necessarily used by a public officer in the performance of a legal duty, or a person assisting the officer and acting under the officer's direction;(2)…
RCW 9A.16.025 Use of force—When unjustified—Victim identity.
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A person is not justified in using force against another based on the discovery of, knowledge about, or potential disclosure of the victim's actual or perceived gender, gender identity, gender expression, or sexual orientation, including under circumstances in which the victim ma…
RCW 9A.16.030 Homicide—When excusable.
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Homicide is excusable when committed by accident or misfortune in doing any lawful act by lawful means, without criminal negligence, or without any unlawful intent.[ 1979 ex.s. c 244 s 8; 1975 1st ex.s. c 260 s 9A.16.030.]Notes:Effective date—1979 ex.s. c 244: See RCW 9A.44.902.
RCW 9A.16.040 Justifiable homicide or use of deadly force by public officer, peace officer, person aiding—Good faith standard.
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(1) Homicide or the use of deadly force is justifiable in the following cases:(a) When a public officer applies deadly force in obedience to the judgment of a competent court; or(b) When necessarily used by a peace officer meeting the good faith standard of this section to overco…
RCW 9A.16.046 Justifiable homicide or use of deadly force by peace officer—Reimbursement of defendant for costs—Special verdict.
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(1) When a peace officer who is charged with a crime is found not guilty or charges are dismissed by reason of justifiable homicide or use of deadly force under RCW 9A.16.040, or by reason of self-defense, for actions taken while on duty or otherwise within the scope of his or he…
RCW 9A.16.050 Homicide—By other person—When justifiable.
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Homicide is also justifiable when committed either:(1) In the lawful defense of the slayer, or his or her husband, wife, parent, child, brother, or sister, or of any other person in his or her presence or company, when there is reasonable ground to apprehend a design on the part …
RCW 9A.16.060 Duress.
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(1) In any prosecution for a crime, it is a defense that:(a) The actor participated in the crime under compulsion by another who by threat or use of force created an apprehension in the mind of the actor that in case of refusal he or she or another would be liable to immediate de…
RCW 9A.16.070 Entrapment.
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(1) In any prosecution for a crime, it is a defense that:(a) The criminal design originated in the mind of law enforcement officials, or any person acting under their direction, and(b) The actor was lured or induced to commit a crime which the actor had not otherwise intended to …
RCW 9A.16.080 Action for being detained on mercantile establishment premises for investigation—"Reasonable grounds" as defense.
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In any criminal action brought by reason of any person having been detained on or in the immediate vicinity of the premises of a mercantile establishment for the purpose of investigation or questioning as to the ownership of any merchandise, it shall be a defense of such action t…
RCW 9A.16.090 Intoxication.
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No act committed by a person while in a state of voluntary intoxication shall be deemed less criminal by reason of his or her condition, but whenever the actual existence of any particular mental state is a necessary element to constitute a particular species or degree of crime, …
RCW 9A.16.100 Use of force on children—Policy—Actions presumed unreasonable.
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(1) It is the policy of this state to protect children from assault and abuse and to encourage parents and their authorized agents to use methods of correction and restraint of children that are not dangerous to the children. However, the physical discipline of a child is not unl…
RCW 9A.16.110 Defending against violent crime—Reimbursement.
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(1) No person in the state shall be placed in legal jeopardy of any kind whatsoever for protecting by any reasonable means necessary, himself or herself, his or her family, or his or her real or personal property, or for coming to the aid of another who is in imminent danger of o…
RCW 9A.16.120 Outdoor music festival, campground—Detention.
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(1) In a criminal action brought against the detainer by reason of a person having been detained on or in the immediate vicinity of the premises of an outdoor music festival or related campground for the purpose of pursuing an investigation or questioning by a law enforcement off…
RCW 9A.16.900 Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.
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For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to …
RCW 9A.20.010 Classification and designation of crimes.
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(1) Classified Felonies. (a) The particular classification of each felony defined in Title 9A RCW is expressly designated in the section defining it.(b) For purposes of sentencing, classified felonies are designated as one of three classes, as follows:(i) Class A felony; or(ii) C…
RCW 9A.20.020 Authorized sentences for crimes committed before July 1, 1984.
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(1) Felony. Every person convicted of a classified felony shall be punished as follows:(a) For a class A felony, by imprisonment in a state correctional institution for a maximum term fixed by the court of not less than twenty years, or by a fine in an amount fixed by the court o…
RCW 9A.20.021 Maximum sentences for crimes committed July 1, 1984, and after.
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(1) Felony. Unless a different maximum sentence for a classified felony is specifically established by a statute of this state, no person convicted of a classified felony shall be punished by confinement or fine exceeding the following:(a) For a class A felony, by confinement in …
RCW 9A.20.030 Alternative to a fine—Restitution.
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(1) If a person has gained money or property or caused a victim to lose money or property through the commission of a crime, upon conviction thereof or when the offender pleads guilty to a lesser offense or fewer offenses and agrees with the prosecutor's recommendation that the o…
RCW 9A.20.040 Prosecutions related to felonies defined outside Title 9A RCW.
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In any prosecution under this title where the grade or degree of a crime is determined by reference to the degree of a felony for which the defendant or another previously had been sought, arrested, charged, convicted, or sentenced, if such felony is defined by a statute of this …
RCW 9A.28.010 Prosecutions based on felonies defined outside Title 9A RCW.
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In any prosecution under this title for attempt, solicitation, or conspiracy to commit a felony defined by a statute of this state which is not in this title, unless otherwise provided:(1) If the maximum sentence of imprisonment authorized by law upon conviction of such felony is…
RCW 9A.28.020 Criminal attempt.
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(1) A person is guilty of an attempt to commit a crime if, with intent to commit a specific crime, he or she does any act which is a substantial step toward the commission of that crime.(2) If the conduct in which a person engages otherwise constitutes an attempt to commit a crim…
RCW 9A.28.030 Criminal solicitation.
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(1) A person is guilty of criminal solicitation when, with intent to promote or facilitate the commission of a crime, he or she offers to give or gives money or other thing of value to another to engage in specific conduct which would constitute such crime or which would establis…
RCW 9A.28.040 Criminal conspiracy.
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(1) A person is guilty of criminal conspiracy when, with intent that conduct constituting a crime be performed, he or she agrees with one or more persons to engage in or cause the performance of such conduct, and any one of them takes a substantial step in pursuance of such agree…
RCW 9A.32.010 Homicide defined.
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Homicide is the killing of a human being by the act, procurement, or omission of another, death occurring at any time, and is either (1) murder, (2) homicide by abuse, (3) manslaughter, (4) excusable homicide, or (5) justifiable homicide.[ 1997 c 196 s 3; 1987 c 187 s 2; 1983 c 1…
RCW 9A.32.020 Premeditation—Limitations.
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(1) As used in this chapter, the premeditation required in order to support a conviction of the crime of murder in the first degree must involve more than a moment in point of time.(2) Nothing contained in this chapter shall affect RCW 46.61.520.[ 1975 1st ex.s. c 260 s 9A.32.020…
RCW 9A.32.030 Murder in the first degree.
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(1) A person is guilty of murder in the first degree when:(a) With a premeditated intent to cause the death of another person, he or she causes the death of such person or of a third person; or(b) Under circumstances manifesting an extreme indifference to human life, he or she en…
RCW 9A.32.040 Murder in the first degree—Sentence.
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Notwithstanding RCW 9A.32.030(2), any person convicted of the crime of murder in the first degree shall be sentenced to life imprisonment.[ 1982 c 10 s 2. Prior: (1) 1981 c 138 s 21; 1977 ex.s. c 206 s 3; 1975 1st ex.s. c 260 s 9A.32.040. (2) 1981 c 136 s 55 repealed by 1982 c 10…
RCW 9A.32.050 Murder in the second degree.
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(1) A person is guilty of murder in the second degree when:(a) With intent to cause the death of another person but without premeditation, he or she causes the death of such person or of a third person; or(b) He or she commits or attempts to commit any felony, including assault, …
RCW 9A.32.055 Homicide by abuse.
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(1) A person is guilty of homicide by abuse if, under circumstances manifesting an extreme indifference to human life, the person causes the death of a child or person under sixteen years of age, a developmentally disabled person, or a dependent adult, and the person has previous…
RCW 9A.32.060 Manslaughter in the first degree.
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(1) A person is guilty of manslaughter in the first degree when:(a) He or she recklessly causes the death of another person; or(b) He or she intentionally and unlawfully kills an unborn quick child by inflicting any injury upon the mother of such child.(2) Manslaughter in the fir…
RCW 9A.32.070 Manslaughter in the second degree.
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(1) A person is guilty of manslaughter in the second degree when, with criminal negligence, he or she causes the death of another person.(2) Manslaughter in the second degree is a class B felony.[ 2011 c 336 s 358; 1997 c 365 s 6; 1975 1st ex.s. c 260 s 9A.32.070.]
RCW 9A.36.011 Assault in the first degree.
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(1) A person is guilty of assault in the first degree if he or she, with intent to inflict great bodily harm:(a) Assaults another with a firearm or any deadly weapon or by any force or means likely to produce great bodily harm or death; or(b) Transmits HIV to a child or vulnerabl…
RCW 9A.36.021 Assault in the second degree.
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(1) A person is guilty of assault in the second degree if he or she, under circumstances not amounting to assault in the first degree:(a) Intentionally assaults another and thereby recklessly inflicts substantial bodily harm; or(b) Intentionally and unlawfully causes substantial …