HomeMy WebLinkAboutORD 3573 Amended by Ordinance No. 4295,
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CITY OF RENTON, WASHINGTON
ORDINANCE NO . 3573
AN ORDINANCE OF THE CITY OF RENTON , WASHINGTON
ADOPTING STATE STATUTES BY REFERENCE RELATING
TO COMPLICITY AND CRIMINAL LIABILITY OF CORP-
ORATIONS AND THEIR AGENTS
,THE CITY COUNCIL OF THE CITY OF RENTON , WASHINGTON ,
DO ORDAIN AS FOLLOWS :
SECTION I : Whereas not less than three (3 ) printed
copies in book form of Title 9A RCW have heretofore been filed
and are now on file in the office of the City Clerk .of the
City of Renton for use and examination by the general public ; now
therefore RCW 9A. 08 . 020 and RCW 9A. 08 . 030 are hereby adopted and
shall be in full force and effect within the City limits of. the
City of Renton.
SECTION II : This Ordinance shall be effective upon
its passage , approval and thirty (30) days after its publication .
PASSED BY THE CITY COUNCIL this 14th day of September ,
1981 . .A16Zft'e� a,
Delores A. Mead , -dirty Clerk
APPROVED BY THE MAYOR this 14th day of September ,
1981 .
Barbara Y. thinpocA, Mayor
Approved as to form:
Lawrence J. Warren , City Attorney
Date of Publication : September 25 , 1981
Title 9A
WASHINGTON CRIMINAL CODE
[See also Crimes and Punishments, Title 9 RCW]
{
Chapters (2) The provisions of this title shall apply to any of-
9A.04 Preliminary article. fense committed on or after July 1, 1976, which is de-
9A.08 Principles of liability. fined in this title or the general statutes, unless otherwise
9A.12 Insanity. expressly provided or unless the context otherwise re-
9A.16 Defenses. quires, and shall also apply to any defense to prosecution
9A.20 Classification of crimes. for such an offense.
9A.28 Anticipatory offenses. (3) The provisions of this title do not apply to or gov-
9A.32 Homicide. ern the construction of and punishment for any offense
9A.36 Assault and other crimes involving physical committed prior to July 1, 1976, or to the construction
harm. and application of any defense to a prosecution for such
9A.40 Kidnaping, unlawful imprisonment, and cus- an offense. Such an offense must be construed and pun-
todial interference. ished according to the provisions of law existing at the t
9A.44 Sexual offenses. time of the commission thereof in the same manner as if
9A.48 Arson, reckless burning, and malicious this title had not been enacted.
mischief. (4) If any provision of this title, or its application to
9A.52 Burglary and trespass. any person or circumstance is held invalid, the remain- :
9A.56 Theft and robbery. der of the title, or the application of the provision to
9A.60 Fraud. other persons or circumstances is not affected, -and to
9A.64 Family offenses. this end the provisions of this title are declared to be t
9A.68 Bribery and corrupt influence. severable.
9A.72 Perjury and interference with official
proceedings. (5) Chapter, section, and subsection captions are for
organizational purposes only and shall not be construed
9A.76 Obstructing governmental operation.
9A.80 Abuse of office. as part of this title. [1975 1st ex.s:c 260 § 9A.04.010.]
9A.84 Public disturbance. Legislative direction for codification-1975 1st ex.s. c 260: "The 3
9A.88 Public indecency Prostitution. provisions of this act shall constitute a new Title in the Revised Code
of Washington to be designated as Title 9A RCW." [1975 1st ex.s.c
9A.98 Laws repealed.
260§9A.92.900.] t
Crimes and punishments:Title 9 RCW.
9A.04.020 Purposes Principles of construction.
(1) The general purposes of the provisions governing the
Chapter 9A.04 definition of offenses are: 1
(a) To forbid and prevent conduct that inflicts or c
PRELIMINARY ARTICLE threatens substantial harm to individual or public
interests;
Sxsaft (b) To safeguard conduct that is without culpability
"A.01.010 Title,effective date,application,
severability, from condemnation as criminal;
SA 04-02captions. (c) To give fair warning of the nature of the conduct
SA04.o2Purges—Principles of construction. declared to constitute an offense;
U0�040 State criminal jurisdiction.
Classes of crimes. (d) To differentiate on reasonable grounds between t
M04.050 People capable of committing crimes—Capability serious and minor offenses, and to prescribe proportion-
Mow oro of children. ate penalties for each.
t{04 070
Common law to supplement statute. (2) The provisions of this title shall be construed ac-
04
Fdtx 080 Who amenable to criminal statutes.
Limitation of actions. cording to the fair import of their terms but when the
�04
090 Application of general provisions of the code. g $ !
1 00 lan ua a is susceptible of differing constructions it shall
Proof ti and a reasonable doubt. be interpreted to further the general purposes stated in
Baa 110 beyond
this title. [1975 1st ex.s. c 260 § 9A.04.020.]
""1.010 Title, effective date, application, severabil-
�. 9A.04.030 State criminal jurisdiction. The following
aytiotts. (I) This title shall be known and may be persons are liable to punishment:
the Washington Criminal Code and shall be- `
°�cffMive on July 1, 1976. (1) A person who commits in the state any crime, in a
whole or in part.
[Title 9A RCW(1979 Ed.)--p 1]
9A.04.030 Title 9A RCW: Washington Criminal Code }
x
(2) A person who commits out of the state any act 9A.04.080 Limitation of actions. Prosecutions for the
which, if committed within it, would be theft and is af- offenses of murder, and arson where death ensues, may
terward found in the state with any of the stolen be commenced at any period after the commission of the
4 property. offense; for offenses the punishment of which may be
(3) A person who being out of the state, counsels, imprisonment in a state correctional institution,commit-
ted by any public officer in connection with the duties of
causes, procures, aids, or abets another to commit a
me in this state. his office or constituting a breach of his public duty or a
crime
n person who, being out of the state, abducts or violation of his oath of office, within ten years after their
kidnaps by force or fraud, any person, contrary to the commission; for all other offenses the punishment of,
laws of the place where the act is committed, and brings, which may be imprisonment in a state correctional insti-
tution,r conveys such person into this state. tution, within three years after their commission; two
ogross misdemeanors; and for all other offenses,
(5) o person who commits an act without the state years for gr
which affects persons or property within the state, within one year after their commission: Provided, That
party charged was
which, if committed within the state, would be a crime. any length of time during which the
[1975 I st ex.s. c 260 § 9A.04.030.1 not usually and publicly resident within this state shall
not be reckoned within the one, two, three, and ten years
9A.04.040 Classes of crimes. (1) An offense defined respectively: And further provided, That where an in-
by this title or by any other statute of this state, for dictment has been found,or complaint or an information
which a sentence of imprisonment is authorized, consti- filed, within the time limited for the commencement of a
tutes a crime. Crimes are classified as felonies, gross criminal action, if the indictment, complaint or informa-
tion be set aside, the time of limitation shall be extended
misdemeanors, o a a felony it is so designated in this ti- by the length of time from the time of filing of such in-
(2) A crime
tle or by any other statute of this state to dictment, complaint, or information, to the time such
if persons
convicted thereof may be sentenced to imprisonment for indictment, complaint, or information was set aside.
a term in excess of one year. A crime is a misdemeanor [1975 1st ex.s. c 260 § 9A.04.080.]
if it is so designated in this title or by any other statute
of this state or if persons convicted thereof may be sen- 9A.04.090 Application of general provisions of the
tenced to imprisonment for no more than ninety days. code. The provisions of chapters 9A.04 through 9A.28
Every other crime is a gross misdemeanor. [1975 1st RCW of this title are applicable to offenses defined by
ex.s. c 260 § 9A.04.040.1 this title or another statute, unless this title or such other
statute specifically provides otherwise. [1975 1st ex.s. c
9A.04.050 People capable of committing crimes— 260 § 9A.04.090.1
Capability of children. Children under the age of eight
years are incapable of committing crime. Children of 9A.04.100 Proof beyond a reasonable doubt. (1) Ev-
eight and under twelve years of age are presumed to be ery person charged with the commission of a crime is
incapable of committing crime, but this presumption presumed innocent unless proved guilty. No person may
may be removed by proof that they have sufficient ca- be convicted of a crime unless each element of such
pacity to understand the act or neglect,and to know that crime is proved by competent evidence beyond a reason-
it was wrong. Whenever in legal proceedings it becomes able doubt.
necessary to determine the age of a child, he may be (2) When a crime has been proven against a person,
produced for inspection, to enable the court or jury to and there exists a reasonable doubt as to which of two or
determine the age thereby; and the court may also direct more degrees he is guilty, he shall be convicted only of
his examination by one or more physicians, whose opin- the lowest degree. [1975 1st ex.s. c 260 § 9A.04.100.]
ion shall be competent evidence upon the question of his
age. [1975 1st ex.s. c 260 § 9A.04.050.]
9A.04.110 Definitions. In this title unless a different
9A.04.060 Common law to supplement statute. The meaning plainly is required:
1 "Acted" includes, where relevant, omitted to act;
provisions of the common law relating to the commission ( ) "Actor" includes, where relevant, a person failing
of crime and the punishment thereof, insofar as not in- (2)
consistent with the Constitution and statutes of this to act;
enefl-
state, shall supplement all penal statutes of this state (3) "Benefit" is any gain or advantage to the B
and all persons offending against the same shall be tried ciary, including any gain or advantage to a third person
in the courts of this state having jurisdiction of the of- pursuant to the desire or consent of the beneficiary; si-
fense. [1975 1st ex.s. c 260 § 9A.04.060.1 (4) "Bodily injury" or "physical injury" means physi-
cal
h y
cal pain, illness, or an impairment of physical condition;
9A.04.070 Who amenable to criminal statutes. Every (5) "Building", in addition to its ordinary meaning,
person, regardless of whether or not he is an inhabitant includes any dwelling, fenced area, vehicle, railway car,
of this state, may be tried and punished under the laws cargo container, or any other structure used for lodging
of this state for an offense committed by him therein, of persons or for carrying on business therein, or for the
except when such offense is cognizable exclusively in the use, sale or deposit of goods; each unit of a building
courts of the United States. [1975 1st ex.s. c 260 § consisting of two or more units separately secured or oc-
9A.04.070.] cupied is a separate building;
(Title 9A RCW(1979 Ed."21
Principles of Liability 9A.08.010
(6) "Deadly weapon" means any explosive or loaded been elected, appointed, or designated to become any
or unloaded firearm, and shall include any other officer or employee of government, including a legisla-
weapon, device, instrument, article, or substance, includ- tor,judge,judicial officer,juror, and any person partici-
ing a "vehicle" as defined in this section, which, under pating as an advisor, consultant, or otherwise in
the circumstances in which it is used, attempted to be performing a governmental function;
used, or threatened to be used, is readily capable of (23) "Signature" includes any memorandum, mark,or
causing death or serious bodily injury; sign made with intent to authenticate any instrument or
(7) "Dwelling" means any building or structure, writing, or the subscription of any person thereto;
though movable or temporary, or a portion thereof, (24) "Statute" means the Constitution or an act of
which is used or ordinarily used by a person for lodging; the legislature or initiative or referendum of this state;
(8) "Government" includes any branch, subdivision, (25) "Threat" means to communicate, directly or in-
or agency of the government of this state and any directly the intent:
county, city, district, or other local governmental unit; (a) To cause bodily injury in the future to the person
(9) "Governmental function" includes any activity threatened or to any other person; or
which a public servant is legally authorized or permitted (b) To cause physical damage to the property of a
to undertake on behalf of a government; person other than the actor; or
(10) "Indicted" and "indictment" include "informed (c) To subject the person threatened or any other
against" and "information", and "informed against" and person to physical confinement or restraint; or
"information" include "indicted" and "indictment"; (d) To accuse any person of a crime or cause criminal
(11) "Judge" includes every judicial officer authorized charges to be instituted against any person; or
alone or with others, to hold or preside over a court; (e) To expose a secret or publicize an.asserted fact,. 1
(12) "Malice" and "maliciously" shall import an evil whether true or false, tending to subject any person to
intent, wish, or design to vex, annoy, or injure another hatred, contempt, or ridicule; or
person. Malice may be inferred from an act done in wil- (f) To reveal any information sought to be concealed
ful disregard of the rights of another, or an act wrong- by the person threatened; or
fully done without just cause or excuse, or an act or (g) To testify or provide information or withhold tes-
omission of duty betraying a wilful disregard of social timony or information with respect to another's legal
duty; claim or defense; or
(13) "Officer" and "public officer" means a person (h) To take wrongful action as an official against
holding office under a city, county, or state government, anyone or anything, or wrongfully withhold official ac-
or the federal government who performs a public func- tion, or cause such action or withholding; or
tion and in so doing is vested with the exercise of some (i) To bring about or continue a strike, boycott, or
sovereign power of government, and includes all assist- other similar collective action to obtain property which is
ants, deputies, clerks, and employees of any public offi- not demanded or received for the benefit of the group
cer and all persons lawfully exercising or assuming to which the actor purports to represent; or
exercise any of the powers or functions of a public (j) To do any other act which is intended to harm
officer; substantially the person threatened or another with re-
(14) "Omission" means a failure to act; spect to his health, safety, business, financial condition, I
(15) "Peace officer" means a duly appointed city, or personal relationships.
county, or state law enforcement officer; (26) "Vehicle" means a "motor vehicle" as defined in j
(16) "Pecuniary benefit" means any gain or advan- the vehicle and traffic laws, any aircraft, or any vessel
tage in the form of money, property, commercial inter- equipped for propulsion by mechanical means or by sail;
est,or anything else the primary significance of which is (27) Words in the present tense shall include the fu-
economic gain; ture tense; and in the masculine shall include the femi-
(17) "Person", "he", and "actor" include any natural nine and neuter genders; and in the singular shall
Person and, where relevant, a corporation, joint stock include the plural; and in the plural shall include the
association,or an unincorporated association; singular. [1975 1st ex.s. c 260 § 9A.04.110.]
(18) "Place of work" includes but is not limited to all
the lands and other real property of.a farm or ranch in
the case of an actor who owns, operates, or is employed Chapter 9A.08
to work on such a farm or ranch; PRINCIPLES OF LIABILITY
(19) "Prison" means any place designated by law for
the keeping of persons held in custody under process of Sections
law.or under lawful arrest, including but not limited to 9A.08.010 General requirements of culpability.
aAy state correctional institution or an count or cit 9A.08.020 Liability for conduct of another—Complicity.
Jail: y y y 9A.08.030 Criminal liability of corporations and persons acting
or under a duty to act in their behalf.
(20) "Prisoner" includes any person held in custody
ruder process of law, or under lawful arrest; 9A.08.010 General requirements of culpability. (1)
(21) 'Property" means anything of value, whether Kinds of Culpability Defined.
tangible or intangible, real or personal; (a) Intent. A person acts with intent or intentionally
(22) 'Public servant" means any person other than a when he acts with the objective or purpose to accomplish
witness who presently occupies the position of.or has a result which constitutes a crime.
(Title 9A RCW(1979 Ed.)—p 31
9A.08.010 Title 9A RCW: Washington Criminal_Code
(b) Knowledge. A person knows or acts knowingly or (a) With knowledge that it will promote or facilitate
with knowledge when: the commission of the crime, he
(i) he is aware of a fact, facts, or circumstances or (i) solicits, commands, encourages, or requests such
result described by a statute defining an offense; or other person to commit it; or
(ii) he has information which would lead a reasonable (ii) aids or agrees to aid such other person in planning
man in the same situation to believe that facts exist or committing it; or
which facts are described by a statute defining an (b) His conduct is expressly declared by law to estab-
offense. lish his complicity.
(c) Recklessness. A person is reckless or acts reck- (4) A person who is legally incapable of committing a
lessly when he knows of and disregards a substantial risk particular crime himself may be guilty thereof if it is
that a wrongful act may occur and his disregard of such committed by the conduct of another person for which
substantial risk is a gross deviation from conduct that a he is legally accountable, unless such liability is incon-
reasonable man would exercise in the same situation. sistent with the purpose of the provision establishing his
(d) Criminal negligence. A person is criminally negli- incapacity.
gent or acts with criminal negligence when he fails to be (5) Unless otherwise provided by this title or by the
aware of a substantial risk that a wrongful act may oc- law defining the crime, a person is not an accomplice in
cur and his failure to be aware of such substantial risk a crime committed by another person if:
constitutes a gross deviation from the standard of care (a) He is a victim of that crime; or
that a reasonable man would exercise in the same (b) He terminates his complicity prior to the commis-
situation. sion of the crime, and either gives timely warning to the
(2) Substitutes for Criminal Negligence, Recklessness, law enforcement authorities or otherwise makes a good
and Knowledge. When a statute provides that criminal faith effort to prevent the commission of the crime.
negligence suffices to establish an element of an offense, (6) A person legally accountable for the conduct of
such element also is established if a person acts inten- another person may be convicted on proof of the com-
tionally, knowingly, or recklessly. When recklessness mission of the crime and of his complicity therein,
suffices to establish an element, such element also is es- though the person claimed to have committed the crime
tablished if a person acts intentionally or knowingly. has not been prosecuted or convicted or has been con.
When acting knowingly suffices to establish an element, victed of a different crime or degree of crime or has an
such element also is established if a person acts immunity to prosecution or conviction or has been ac-
intentionally. quitted. [1975—'76 2nd ex.s. c 38 § 1; 1975 1st ex.s. c
(3) Culpability as Determinant of Grade of Offense. 260 § 9A.08.020.]
When the grade or degree of an offense depends on Effective date-1975-76 2nd ex s.c 38: "This 1976 amendatory
whether the offense is committed intentionally, know- act is necessary for the immediate preservation of the public peace,
ingly, recklessly, or with criminal negligence, its grade or health,and safety,the support of the state government and its existing
public institutions, and shall take effect on July 1, 1976." 11975-'76
degree shall be the lowest for which the determinative
2nd ex.s.c 38§21.]
kind of culpability is established with respect to any Severability-1975-76 2nd ex.L c 38: "If any provision of this
material element of the offense. 1976 amendatory act,or its application to any person or circumstance
(4) Requirement of Wilfulness Satisfied by Acting is held invalid,the remainder of the act,or the application of the pro-
vision to other persons or circumstances is not affected." [1975-'76
Knowingly. A requirement that an offense be committed
wilfully is satisfied if a person acts knowingly with re- 2nd ex.s.c 38 §20.1
spect to the material elements of the offense, unless a The foregoing annotations apply to the amendments by 1975-16
2nd ex.s.c 38 to RCW 9A.08.020, 9A.20.020, 9A.32.030, 9A32.050,
purpose to impose further requirements plainly appears.
9A36.020, 9A.48.010, 9A.52.030, 9A.56.010, 9A.56.020, 9A.56.110,
[1975 1 st ex.s. c 260 § 9A.08.010.1 9A.56.180, 9A.60.010, 9A.60.020, 9A.60.030, 9A.60.050, 9A.72.060,
9A.80.010, and 9.94.040, and to the repeal of RCW 9.01.040, 9.48-
9A.08.020 Liability for conduct of another •030,9.76.030,and 9.94.060.
Complicity. (1) A person is guilty of a crime if it is 9A.08.030 Criminal liability of corporations and per-
committed by the conduct of another person for which sons acting or under a duty to act in their behalf. (1) As
he is legally accountable. used in this section:
(2) A person is legally accountable for the conduct of (a) "Agent" means any director, officer, or employee
another person when: �
of a corporation, or any other person who is authorized
(a) Acting with the kind of culpability that is suffi- to act on behalf of the corporation;
cient for the commission of the crime, he causes an in-
nocent or irresponsible person to engage in such conduct; (b) "Corporation" includes a joint stock association;
or (c) "High managerial agent" means an officer or di-
rector of a corporation or any other agent in a position
( ) He is made accountable for the conduct of such of comparable authority with respect to the formulation
other person by this title or by the law defining the of corporate policy or the supervision in a managerial
crime; or capacity of subordinate employees.
(c) He is an accomplice of such other person in the (2) A corporation is guilty of an offense when:
commission of the crime. (a) The conduct constituting the offense consists of an
(3) A person is an accomplice of another person in the omission to discharge a specific duty of performance
commission of a crime if: imposed on corporations by law;or
(Title 9A RCW(1979 Ud _p 41
9A.16.020
Defenses
9A.16.060 Duress.
(b)The conduct constituting the offense is engaged in, 9A.16.070 Entrapment.
suthorized,
solicited, requested, commanded, or toter- 9A,16.080 Action for being detained on mercantile establish-
atW by the board of directors or by a high managerial ment grounds* as defense.mises for vestigation—"Reasons e
agent acting within the scope of his employment and on 9A.16-090 Intoxication.
behalf of the corporation;or
(c)The conduct constituting the offense is engaged in
by an agent of the corporation, other than a high mansrequired:
- 9A.16.010 Defiferent meaning is plainly nitionsreq. In this chapter, unless a dif-
Serial agent, while acting within the scope of his em-
ployment and in behalf of the corporation and (i) the
"Necessary" means that no reasonably effective alter-
st and
offense is a gross misdemeanor or misdemeanor, or
(ii) amount of force used was reasonableto the use of force appeared t o etffect the lawful
at the
the offense is one defined by a statute which clearly in- purpose intended. [1975 1st ex.s. c 260 § 9A.16.010.]
dicates a legislative intent to impose such criminal lia-
bility on a corporation.
(3) A person is criminally liable for conduct consti- 9A.16.020 Use of force—When lawful. The use,
tuting an offense which he performs or causes to be per- attempt, or offer to use force upon or toward the person
formed in the name of or on behalf of a corporation to of another is not unlawful in the following cases:
the same extent as if such conduct were performed in his
(1) Whenever necessarily used by a public officer in
own name or behalf. the performance of a legal. duty, or a person assisting
(4) Whenever a duty to act is imposed by law upon a him and acting under his direction;
corporation, any agent of the corporation who knows he (2) Whenever necessarily used by a person arresting
has or shares primary responsibility for the discharge of one who has committed a felony and delivering him to a
the duty is criminally liable for a reckless or, if a high public officer competent to receive him into custody;
managerial agent, criminally negligent omission to per- (3) Whenever used by a party about to be injured, or
form the required act to the same extent as if the duty by another lawfully aiding him, in preventing or at-
were by law imposed directly upon such agent. tempting to prevent an offense against his person, or a
(5) Every corporation, whether foreign or domestic; malicious trespass, or other malicious interference with
which shall violate any provision is RCW d 9A.28business
in real or personal property lawfully in his possession, in
shall forfeit every right and franchise to do business in case the force is not more than is necessary;
this state. The attorney general shall begin and conduct (4) Whenever reasonably used by a person to detain
all actions and proceedings necessary to enforce the pro- someone who enters or remains unlawfully in a building
visions of this subsection. [1975 1st ex.s. c 260 § or on real property lawfully in the possession of such
9A.08.030.1 person, so long as such detention is reasonable in dura-
tion and manner to investigate the reason for the de-
Chapter 9A.12 tained person's presence on the premises, and so long as
the premises in question did not reasonably appear to be
INSANITY intended to be open to members of the public;
(5) Whenever used in a reasonable and moderate
Sections manner by a parent or his authorized agent, a guardian,
9A.12.010 Insanity. master, or teacher in the exercise of lawful authority, to
restrain or correct his child,ward, apprentice,or scholar;
9A.12.010 Insanity. To establish the defense of in- (6) Whenever used by a carrier of passengers or his
sanity, it must be shown that: authorized agent or servant, or other person assisting
(1) At the time of the commission of the offense, as a them at their request in expelling from a carriage, rail-
result of mental disease or defect, the mind of the actor way car,vessel,or other vehicle, a passenger who refuses\
was affected to such an extent that: to obey a lawful and reasonable regulation prescribed for
(a) He was unable to perceive the nature and quality the conduct of passengers, if such vehicle has first been
of the act with which he is charged; or stoppedand the force used is not more than is necessary
(b) He was unable to tell right from wrong with ref- to expel the offender with reasonable regard to his per-
erence to the particular act charged. y sonal safety;
(2) The defense of insanity must be established b a (7) Whenever used by any person to prevent a men-
preponderance of the evidence. [1975 1st ex.s. c 260 § tally ill, mentally incompetent, or mentally disabled per-
9A.12.010.1 son from committing an act dangerous to himself or
another, or in enforcing necessary restraint for the pro-
Chapter 9A.16 tection of his person, or his restoration to health, during
such period only as is necessary to obtain legal authority
DEFENSES for the restraint or custody of his person. [1979 1st ex.s.
c 244 § 7; 1977 ex.s. c 80 § 13; 1975 1st ex.s. c 260 §
Sections 9A.16.020.1
9A.16.010 Definitions.
9A.16.020 Use of force When lawful. Effective date-1979 1st exs.c 244:See RCW 9A.44.902.
9A.16.030 Homicide--When excusable. Pu —, exs. c 80: See notes
9A.16.040 Justifiable homicide by public officer. followin RCW 4.16.190.
9A.16.050 Homicide—By other person—Whe1�Justifiable. 8 DIde 9A RCW(1979 Ed-"51
9A.16.030 Title 9A RCW: Washington Criminal Code
9A.16.030 Homicide—When excusable. Homicide 9A.16.070 Entrapment. (1) In any prosecution for a
is excusable when committed by accident or misfortune crime, it is a defense that:
in doing any lawful act by lawful means, without crimi- (a) The criminal design originated in the mind of law
nal negligence, or without any unlawful intent. [1979 1st enforcement officials, or any person acting under their
ex.s. c 244 § 8; 1975 1st ex.s. c 260 § 9A.16.030.] direction, and
Effective date-19791st ex s.C 244:See RCW 9A.44.902. (b) The actor was lured or induced to commit a crime
which the actor had not otherwise intended to commit.
9A.16.040 Justifiable homicide b public officer. Ho- (2) The defense of entrapment is not established by a
Y p showing only that law enforcement officials merely af-
micide is justifiable when committed by a public officer, forded the actor an opportunity to commit a crime.
or person acting under his command and in his aid, in [1975 1st ex.s. c 260 § 9A.16.070.]
the following cases:
(1) In obedience to the judgment of a competent 9A.16.080 Action for being detained on mercantile
court. establishment premises for investigation—"Reasonable 3.
(2) When necessary to overcome actual resistance to grounds" as defense. In any criminal action brought by
the execution of the legal process, mandate, or order of a reason of any person having been detained on or in the 1
court or officer, or in the discharge of a legal duty. immediate vicinity of the premises of a mercantile es- I
(3) When necessary in retaking an escaped or rescued tablishment for the purpose of investigation or question
prisoner who has been committed, arrested for, or con- ing as to the ownership of any merchandise, it shall be a
victed of a felony; or in arresting a person who has com- defense of such action that the person was detained in a t
mitted a felony and is fleeing from justice; or in reasonable manner and for not more than a reasonable
attempting, by lawful ways or means, to apprehend a time to permit such investigation or questioning by a
person for a felony actually committed; or in lawfully peace officer, by the owner of the mercantile establish-
suppressing a riot or preserving the peace. [1975 1st ment, or by the owner's authorized employee or agent,
ex.s. c 260 § 9A.16.040.1 and that such peace officer, owner, employee, or agent
had reasonable grounds to believe that the person so de-
9A.16.050 Homicide By other person—When tained was committing or attempting to commit theft or
justifiable. Homicide is also justifiable when committed shoplifting on such premises of such merchandise. As
either: used in this section, "reasonable grounds" shall include,
(1) In the lawful defense of the slayer, or his or her but not be limited to, knowledge that a person has con-
husband, wife, parent, child, brother, or sister, or of any cealed possession of unpurchased merchandise of a mer-
other person in his presence or company, when there is cantile establishment, and a "reasonable time" shall
reasonable ground to apprehend a design on the part of mean the time necessary to permit the person detained
the person slain to commit a felony or to do some great to make a statement or to refuse to make a statement, i
re-
personal injury to the slayer or to an such and the time necessary to examine employees and re-
Pe j Y y y person, and cords of the mercantile establishment relative to the
there is imminent danger of such design being accom- .
{ plished; or ownership of the merchandise. [1975 1st ex.s. c 260 §
(2) In the actual resistance of an attempt to commit a 9A:16.080.]
felony upon the slayer, in his presence, or upon or in a
dwelling, or other place of abode, in which he is. [1975 9A.16.090 Intoxication. No act committed by a per-
lst ex.s. c 260 § 9A.16.050.1 son while in a state of voluntary intoxication shall be
deemed less criminal by reason of his condition, but
whenever the actual existence of any particular mental
9A.16.060 Duress. (1) In any prosecution for a state is a necessary element to constitute a particular
crime, it is a defense that: species or degree of crime, the fact of his intoxication
(a) The actor participated in the crime under compul- may be taken into consideration in determining such
sion by another who by threat or use of force created an mental state. [1975 1st ex.s. c 260-§ 9A.16.090.1
apprehension in the mind of the actor that in case of re-
fusal he or another would be liable to immediate death
or immediate grievous bodily injury; and Chapter 9A.20
(b) That such apprehension was reasonable upon the CLASSIFICATION SS FICATION OF
Part of the actor; and CRIMES
,
(c) That the actor would not have participated in the sections
crime except for the duress involved. 9A.20.010 Classification and designation of crimes.
(2) The defense of duress is not available if the crime 9A.20.020 Authorized sentences of offenders.
charged is murder or manslaughter. 9A.20.030 Alternative to a fine Restitution.
9A.20.040 Prosecutions related to felonies defined outside Ti
(3) The defense of duress is not available if the actor Title
9A RCW.
intentionally or reckless) laces himself i
Y p n a situation in
which it is probable that he will be subject to duress.
9A.20.010 Classification and designation of crimes.
4
( ) The defense of duress is not established solely by a (1) Classified Felonies. a
The particular( ) p classification
showing that a married person acted on the command of of each felony defined in Title 9A RCW is expressly
his or her spouse. [1975 1 st ex.s. c 260 § 9A.16.060.] designated in the section defining it.
Mde 9A RCW(1979 Ed.}-p 61
Anticipatory Offenses 9A.28.010
(b) For purposes of sentencing, classified felonies are restitution to the victim at the order of the court. It shall
designated as one of three classes, as follows: be the duty of the prosecuting attorney to investigate the
(i)Class A felony;or alternative of restitution, and to recommend it to the
(ii)Class B felony; or court, when the prosecuting attorney believes that resti-
ut Class C felony. tution is appropriate and feasible. If the court orders
(2) Misdemeanors and Gross Misdemeanors. (a) Any restitution, the court shall make a finding as to the
crime punishable by a fine of not more than five hun- amount of the defendant's gain or victim's loss from the
dred dollars; or by imprisonment in a county jail for not crime, and if the record does not contain sufficient evi-
1 more than ninety days, or by both such fine and impris- dence to support such finding the court may conduct a
onment is a misdemeanor. Whenever the performance of hearing upon the issue. For purposes of this section, the
any act is prohibited by any statute, and no penalty for terms "gain" or "loss" refer to the amount of money or
the violation of such statute is imposed, the committing the value of property or services gained or lost.
of such act shall be a misdemeanor. (2) Notwithstanding any other provision of law, this
(b) All crimes other than felonies and misdemeanors section also applies to any corporation or joint stock as-
are gross misdemeanors. [1975 1st ex.s. c 260 § sociation found guilty of any crime. [1979 c 29 § 3; 1975
9A.20.010.1 1st ex.s. c 260 § 9A.20.030.1
Restitution as condition of probation:RCW 9.95.210.
9A.20.020 Authorized sentences of offenders. (1) Restitution as condition to suspending sentence:RCW 9.92.060.
Felony. Every person convicted of a classified felony
shall be punished as follows: 9A.20.040 Prosecutions related to felonies defined
(a) For a class A felony, by imprisonment in a state outside Title 9A RCW. In any prosecution under this ti-
correctional institution for a maximum term fixed by the tle where the grade or degree of a crime is determined
court of not less than twenty years, or by a fine in an by reference to the degree of a felony for which the de-
amount fixed by the court of not more than ten thousand fendant or another previously had been sought, arrested,
dollars, or by both such imprisonment and fine; charged, convicted, or sentenced, if such felony is de-
(b) For a class B felony, by imprisonment in a state fined by a statute of this state which is not in Title 9A
correctional institution for a maximum term of not more RCW, unless otherwise provided:
than ten years, or by a fine in an amount fixed by the (1) If the maximum sentence of imprisonment auth-
court of not more than ten thousand dollars, or by both orized by law upon conviction of such felony is twenty
such imprisonment and fine; years or more, such felony shall be treated as a class A
y For a class C felony, by imprisonment in a state felony for purposes of this title;
correctional institution for a maximum term of not more (2) If the maximum sentence of imprisonment auth-
than five years, or by a fine in an amount fixed by the orized by law upon conviction of such felony is eight
court of not more than five thousand dollars, or by both years or more, but less than twenty years, such felony
such imprisonment and fine. shall be treated as a-class B felony for purposes of this
(2) Gross Misdemeanor. Every person convicted of a title;
gross misdemeanor defined in Title 9A RCW shall be (3) If the maximum sentence of imprisonment auth-
punished by imprisonment in the county jail for a maxi- orized by law upon conviction of such felony is less than
mum term fixed by the court of not more than one year, eight years, such felony shall be treated as a class C fel-
or by a fine in an amount fixed by the court of not more ony for purposes of this title. [1975 lst ex.s. c 260 §
than one thousand dollars,or by both such imprisonment 9A.20.040.1
and fine.
(3) Misdemeanor. Every person convicted of a misde-
meanor defined in Title 9A RCW shall be punished by
imprisonment in the county jail for a maximum term Chapter 9A.28
fixed by the court of not more than ninety days, or by a ANTICIPATORY OFFENSES
fine in an amount fixed by the court of not more than
five hundred dollars, or by both such imprisonment and Sections
fine. [1975–'76 2nd ex.s. c 38 § 2; 1975 1st ex.s. c 260 § 9A.28.010 Prosecutions based on felonies defined outside Title
9A RCW.
9A.20.020.]
9A.28.020 Criminal attempt.
Effective date—Severability-1975—'76 2nd ex.s. c 38: See 9A.28.030 Criminal solicitation.
notes following RCW 9A.08.020. 9A.28.040 Criminal conspiracy.
9A.20.030 Alternative to a fine—Restitution. (1) 9A.28.010 Prosecutions based on felonies defined
If a person has gained money or property or caused a outside Title 9A RCW. In any prosecution under this ti-
victim to lose money or property through the commission tle for attempt, solicitation, or conspiracy to commit a
of a crime, upon conviction thereof the court, in lieu of felony defined by a statute of this state which is not in
imposing the fine authorized for the offense under RCW this title, unless otherwise provided:
9A.20.020, may order the defendant to pay an amount, (1) If the maximum sentence of imprisonment auth-
fixed by the court, not to exceed double the amount of orized by law upon conviction of such felony is twenty
the defendant's gain or victim's loss from the commis- years or more, such felony shall be treated as a class A
sion of a crime. Such amount may be used to provide felony for purposes of this title;
!Tide 9A RCW(1979 Ed.)--p 71
I
9A.28.010 Title 9A RCW: Washington Criminal Code
(2) If the maximum sentence of imprisonment auth- (a) Class A felony when an object of the conspirator.
orized by law upon conviction of such felony is eight ial agreement is murder in the first degree;
years or more but less than twenty years, such felony (b) Class B felony when an object of the conspirator.
shall be treated as a class B felony for purposes of this ial agreement is a class A felony other than murder in
title; the first degree;
(3) If the maximum sentence of imprisonment auth- (c) Class C felony when an object of the conspirator.
orized by law upon conviction of such felony is less than ial agreement is a class B felony;
eight years, such felony shall be treated as a class C fel- (d) Gross misdemeanor when an object of the con.
ony for purposes of this title. [1975 1st ex.s. c 260 § spiratorial agreement is a class C felony;
9A.28.010.1 (e) Misdemeanor when an object of the conspiratorial
agreement is a gross misdemeanor or misdemeanor.
9A.28.020 Criminal attempt. (1) A person is guilty [1975 1st ex.s. c 260 § 9A.28.040.]
of an attempt to commit crime if, with intent to commit
a specific crime he does act which is a substantial
Pe Y
an
steptoward the commission of that crime.
Chapter 9A.32
(2) If the conduct in which a person engages other- HOMICIDE
wise constitutes an attempt to commit a crime, it is no
defense to a prosecution of such attempt that the crime Sections
charged to have been attempted was, under the atten- 9A.32.010 Homicide defined.
dant circumstances, factually or legally impossible of 9A.32.020 Premeditation—Limitations.
commission. 9A.32.030 Murder in the first degree.
(3) An attempt to commit a crime is a' 9A.32.040 Murder in the first degree---Sentences.. 9A.32.045 Murder in the first degree—Aggravating circum-
(a) Class A felony when the crime attempted is mur- stances—Mitigating circumstances.
der in the first degree; 9A.32.046 Murder in the first degree—conditions under
(b) Class B felony when the crime attempted is a class which death penalty mandatory.
A felony other than murder in the first degree; 9A.32.047 Murder in the first degree Life imprisonment,
when.
(c) Class C felony when the crime attempted is a class 9A.32.050 Murder in the second degree. t
B felony; 9A.32.060 Manslaughter in the first degree.
(d) Gross misdemeanor when the crime attempted is a 9A.32.070 Manslaughter in the second degree.
9A.32.900 Severability—RCW 9A.32.045-9A.32.047.
class C felony;
(e) Misdemeanor when the crime attempted is a gross 9A.32.901 Sections captions RCW 9A.32.045-9A.32.047.
misdemeanor or misdemeanor. [1975 1st ex.s. c 260 § 9A.32.010 Homicide defined. Homicide is the killing
9A.28.020.1 of a human being by the act, procurement or omission of
another and is either (1) murder, (2) manslaughter, (3)
9A.28.030 Criminal solicitation. (1) A person is excusable homicide, or (4) justifiable homicide. [1975
guilty of criminal solicitation when, with intent to pro- 1st ex.s. c 260 § 9A.32.010.1
mote or facilitate the commission of a crime, he offers to
Excusable homicide:RCW 9A.16.030.
give or gives money or other thing of value to another to Justifiable homicide:RCW 9A.16.040 and 9A.16.050.
engage in specific conduct which would constitute such
crime or which would establish complicity of such other 9A.32.020 Premeditation Limitations. (1) As
person in its commission or attempted commission had used in this chapter, the premeditation required in order
such crime been attempted or committed. to support a conviction of the crime of murder in the
(2) Criminal solicitation shall be punished in the same first degree must involve more than a moment in point
manner as criminal attempt under RCW 9A.28.020. of time.
[1975 1st ex.s. c 260 § 9A.28.030.] (2) Nothing contained in this chapter shall affect
RCW 46.61.520. [1975 1st ex.s. c 260 § 9A.32.020.1
9A.28.040 Criminal conspiracy. (1) A person is
guilty of criminal conspiracy when, with intent that con- 9A.32.030 Murder in the first degree. (1) A person is
duct constituting a crime be performed, he agrees with guilty of murder in the first degree when:
one or more persons to engage in or cause the perfor- (a) With a premeditated intent to cause the death of
mance of such conduct, and any one of them takes a another person, he causes the death of such person or of
substantial step in pursuance of such agreement. a third person; or
(2) It shall not be a defense to criminal conspiracy (b) Under circumstances manifesting an extreme in-
that the person or persons with whom the accused is al- difference to human life, he engages in conduct which
leged to have conspired: creates a grave risk of death to any person, and thereby
(a) Has not been prosecuted or convicted; or causes the death of a person; or
(b) Has been convicted of a different offense; or (c) He commits or attempts to commit the crime of
(c) Is not amenable to justice; or either (1) robbery, in the first or second degree, (2) rape
(d) Has been acquitted;or in the first or second degree, (3) burglary in the first
(e) Lacked the capacity to commit an offense. degree, (4) arson in the first degree, or (5) kidnaping, in
(3) Criminal conspiracy is a: the first or second degree, and; in the course of and in
(Title 9A RCW(1979 Ed.)--p 81
Homicide 9A.32.045
furtherance of such crime or in immediate flight there- special sentencing proceeding under RCW 10.94.020,
from, he, or another participant, causes the death of a the following shall constitute aggravating.circumstances:
person other than one of the participants; except that in (a) The victim was a law enforcement officer or fire
any prosecution under this subdivision (1)(c) in which fighter and was performing his or her official duties at
the defendant was not the only participant in the under- the time of the killing and the victim was known or rea-
lying crime, if established by the defendant by a pre- sonably should have been known to be such at the time
ponderance of the evidence, it is a defense that the of the killing.
defendant: (b) At the time of the act resulting in the death, the
(i) Did not commit the homicidal act or in any way defendant was serving a term of imprisonment in a state
solicit, request, command, importune, cause, or aid the correctional institution or had escaped or was on auth-
commission thereof; and orized or unauthorized leave from a state correctional
(ii) Was not armed with a deadly weapon, or any in- institution, or was in custody in a local jail and subject
strument,article,or substance readily capable of causing to commitment to a state correctional institution.
death or serious physical injury; and (c) The defendant committed the murder pursuant to
(iii) Had no reasonable grounds to believe that any an agreement that the defendant receive money or other
other participant was armed with such a weapon, instru- thing of value for committing the murder.
ment, article, or substance; and (d) The defendant had solicited another to commit the
(iv) Had no reasonable grounds to believe that any murder and had paid or agreed to pay such person
other participant intended to engage in conduct likely to money or other thing of value for committing the
result in death or serious physical injury. murder.
(2) Murder in the first degree is a class A felony. (e) The murder was of a judge, juror, witness, prose-
[1975-76 2nd ex.s. c 38 § 3; 1975 1st ex.s. c 260 § cuting attorney, a deputy prosecuting attorney, or de-
9A.32.030.] fense attorney because of the exercise of his or her
rembili —1975-'76 2nd ex s. c 38: see duty in relation to the defendant.
•. date—Se official Effective tY O y
CW 9A.08.020. said
notes following R than victim and the
s (f) There was more tha
murders were part of a common scheme or plan, or the
9A.32.040 Murder in the first degree—Sentences. result of a single act of the defendant.
Notwithstanding RCW 9A.32.030(2), any person con- (g) The defendant committed the murder in the
victed of the crime of murder in the first degree shall be course of, in furtherance of, or in immediate flight from
sentenced as follows: the crimes of either (i) robbery to the first or second
de-
(1) If, pursuant to a special sentencing proceeding gree, (ii) rape in the first or second degree, (iii) burglary
held under RCW 10.94.020, the jury finds that there are in the first degree, (iv) arson in the first degree, or (v)
one or more aggravating circumstances and that there kidnaping in which the defendant intentionally abducted
are not sufficient mitigating circumstances to merit le- another person with intent to hold the person for ransom
niency, and makes an affirmative finding on both of the or reward, or as a shield or hostage, and the killing was
special questions submitted to the jury pursuant to committed with the reasonable expectation that the
RCW 10.94.020(10), the sentence shall be death; death of the deceased or another would result.
(2) If, pursuant to a special sentencing proceeding
held under RCW 10.94.020, the jury finds that there are (h) The murder was committed to obstruct or hinder
one or more aggravating circumstances but fails to find the investigative, research, or reporting activities of any-
that there are not sufficient mitigating circumstances to one regularly employed as a newsreporter, including
merit leniency, or the jury answers in the negative either anyone self–employed in such capacity.
of the special questions submitted pursuant to RCW (2) In deciding whether there are mitigating circum-
10.94.020(10), the sentence shall be life imprisonment stances sufficient to merit leniency, the jury may con-
without possibility of release or parole. A person sen- sider any relevant factors, including, but not limited to,
tenced to life imprisonment under this subsection shall the following:
not have that sentence suspended, deferred, or com- (a) The defendant has no significant history of prior
muted by any judicial officer, and the board of prison criminal activity;
terms and paroles shall never parole a prisoner nor re- (b) The murder was committed while the defendant
duce the period of confinement. The convicted person was under the influence of extreme mental disturbance;
shall not be released as a result of any type of good time (c) The victim consented to the homicidal act; .
calculation nor shall the department of social and health (d) The defendant was an accomplice in a murder
l services permit the convicted person to participate in any committed by another person and the defendant's par-
temporary release or furlough program; and ticipation in the homicidal act was relatively minor;
(3) In all other convictions for first degree murder, (e) The defendant acted under duress or under the
the sentence shall be life imprisonment. [1977 ex.s. c domination of another person;
206 § 3; 1975 1st ex.s. c 260 § 9A.32.040.1 (f) At the time of the murder, the capacity of the de-
Severability-1977 ex.s.c 206:see RCW 10.94.900. fendant to appreciate the criminality (wrongfulness) of
his or her conduct or to conform his or her conduct to
9A.32.045 Murder in the first degree—Aggravat- the requirements of law was substantially impaired as a
ing circumstances—Mitigating circumstances. (1) In a result of mental disease or defect; and
(Title 9A RCW(1979 Ed."91
ter,-•.�_._.�.�,.�...___.
9A.32.045 Title 9A RCW: Washington Criminal Code z
(g) The age of the defendant at the time of the crime (ii) Was not armed with a deadly weapon, or any in.
calls for leniency. [1977 ex.s. c 206 § 4; 1975-'76 2nd strument, article, or substance readily capable of causing
ex.s. c 9 § 1 (Initiative Measure No. 316 § 1).] death or serious physical injury; and
(iii) Had no reasonable grounds to believe that an
Severability-1977 ex.s.c 206:See RCW 10.94.900. y
other participant was armed with such a weapon, instru-
ment, article,or substance; and
9A.32.046 Murder in the first degree—Conditions (iv) Had no reasonable grounds to believe that any
under which death penalty mandatory. Once a person is other participant intended to engage in conduct likely to
found guilty of murder in the first degree under RCW result in death or serious physical injury.
9A.32.030(1)(a) with one or more aggravating circum- (2) Murder in the second degree is a class.A felony.
stances and without sufficient mitigating circumstances [1975-'76 2nd ex.s. c 38 § 4; 1975 1st ex.s. c 260 §
to merit leniency and the jury has made affirmative .9A.32.050.]
findings on both of the special questions submitted pur- Effective date—Severability-1975-76 2nd ex s. c 3& See
suant to RCW 10.94.020(10), neither the court nor the notes following RCW 9A.08.020.
jury shall have the discretion to suspend or defer the
imposition or execution of the sentence of death. The 9A.32.060 Manslaughter in the first degree. (1) A
time of such execution shall be set by the trial judge at person is guilty of manslaughter in the first degree when:
the time of imposing sentence and as a part thereof. (a) He recklessly causes the death of another person;
[1977 ex.s. c 206 § 5; 1975-'76 2nd ex.s. c 9 § 2 (Initia- or
tive Measure No. 316 § 2).] (b) He intentionally and unlawfully kills an unborn
Severability-1977 ex s.c 206:See RCW 10.94.900. quick child by inflicting any injury upon the mother of
such child.
(2) Manslaughter in the first degree is a class B fel-
9A.32.047 Murder in the first degree Life im- ony. [1975 1st ex.s. c 260 § 9A.32.060.1
prisonment, when. In the event that the governor com-
mutes a death sentence or in the event that the death 9A.32.070 Manslaughter in the second degree. (1) A
penalty is held to be unconstitutional by the United person is guilty of manslaughter in the second degree 41
States supreme court or the supreme court of the state when, with criminal negligence, he causes the death of
of Washington the-penalty under RCW 9A.32.046 shall another person.
be imprisonment in the state penitentiary for life without (2) Manslaughter in the second degree is a class C
possibility of release or parole. A person sentenced to life felony. [1975 1st ex.s. c 260 § 9A.32.070.1
imprisonment under this section shall not have that sen- Abortion:Chapter 9.02 RCW.
tence suspended, deferred, or commuted by any judicial
officer, and the board of prison terms and paroles shall 9A.32.900 Severability RCW 9A.32.045-9A.32-
never parole a prisoner nor reduce the period of confine- .047. If any provision of RCW 9A.32.045 through 9A-
ment. The convicted person shall not be released as a .32.047, or its application to any person or circumstance
result of any type of good time calculation nor shall the is held invalid, the remainder of RCW 9A.32.045
department of social and health services permit the con- through 9A.32.047, or the application of the provision to
victed person to participate in any temporary release or other persons or circumstances is not affected. [1975-'76
furlough program. [1977 ex.s. c 206 § 6; 1975-'76 2nd 2nd ex.s. c 9 § 4 (Initiative Measure No. 316 § 4).] #
ex.s. c 9 § 3 (Initiative Measure No. 316 § 3).J
Reviser's note: Phrase "this act" [1975-'76 2nd ex.s.c 9 (Initiative
Severability-1977 ex s.c 206:See RCW 10.94.900. Measure No. 316)] has been translated to "RCW 9A.32.045 through
9A.32.047" for purposes of this section and RCW 9A.32.901, which t
were both part of said original act.
9A.32.050 Murder in the second degree. (1) A person
is guilty of murder in the second degree when: 9A.32.901 Sections captions—RCW 9A.32.045-
(a) With intent to cause the death of another person 9A.32.047. The section captions as used in RCW 9A-
but without premeditation, he causes the death of such .32.045 through 9A.32.047 are for organizational pur-
person or of a third person; or poses only and shall not be construed as part of the law.
(b) He commits or attempts to commit any felony [1975-'76 2nd ex.s. c 9 § 5 (Initiative Measure No. 316
other than those enumerated in RCW 9A.32.030(1)(c), § 5)']
and, in the course of and in furtherance of such crime or Reviser's note:See note following RCW 9A.32.900.
in immediate flight therefrom, he, or another partici-
pant, causes the death of a person other than one of the
participants; except that in any prosecution under this Chapter 9A.36
subdivision (1)(b) in which the defendant was not the ASSAULT AND OTHER CRIMES INVOLVING
only participant in the underlying crime, if established PHYSICAL HARM
by the defendant by a preponderance of the evidence, it
is a defense that the defendant: Sections
(i) Did not commit the homicidal act or in any way 9A.36.010 Assault in the first degree.
9A.36.020 Assault in the second degree.
solicit, request, command, importune, cause, or aid the 9A.36.030 Assault in the third degree.
commission thereof; and 9A.36.040 Simple assault.
(Title 9A RCW(1979 Ed."101
Kidnaping 9A.40.020
9A.36,030 Reckless endangerment. 9A.36.050 Reckless endangerment. (1) A person is
9A36.060 Promoting a suicide attempt. guilty of reckless endangerment when he recklessly en-
9",070 Coercion. gages in conduct which creates a substantial risk of
death or serious physical injury to another person.
9A,36.010 Assault in the first degree. (1) Every per- (2) Reckless endangerment is a gross misdemeanor.
son,who with intent to kilt a human being, or to commit [1975 1st ex.s. c 260 § 9A.36.050.]
a felony upon the person or property of the one as-
saulted, or of another, shall be guilty of assault in the 9A.36.060 Promoting a suicide attempt. (1) A person
first degree when he: is guilty of promoting a suicide attempt when he know-
(a)Shall assault another with a firearm or any deadly ingly causes or aids another person to attempt suicide.
weapon or by any force or means likely to produce (2) promoting a suicide attempt is a class C felony.
death;or [1975 1st ex.s. c 260 § 9A.36.060.]
(b) Shall administer to or cause to be taken by an-
other,poison or any other destructive or noxious thing so
as to endanger the life of another person. 9A.36.070 Coercion. (1) A person is guilty of coer-
(2) Assault in the first degree is a class A felony. cion if by use of a threat he compels or induces a person
[1975 1st ex.s. c 260 § 9A.36.010.] to engage in conduct which the latter has a legal right to
abstain from, or to abstain from conduct which he has a
9A.36.020 Assault in the second degree. (1) Every legal right to engage in.
person who, under circumstances not amounting to as- (2) "Threat" as used in t)tis section means:
sault in the first degree shall be guilty of assault in the (a) To communicate, directly or indirectly, the intent
second degree when he: immediately to use force against any person who is
(a) With intent to injure, shall unlawfully administer present at the time; or
to or cause to be taken by another, poison or any other (b) Threats as defined in RCW 9A.04.110(25)(a),
destructive or noxious thing, or any drug or medicine the (b), or (c).
use of which is dangerous to life or health; or (3) Coercion is a gross misdemeanor. [1975 1st ex.s. c
(b).Shall knowingly inflict grievous bodily harm upon 260 § 9A.36.070.]
another with or without a weapon; or
(c) Shall knowingly assault another with a weapon or
other instrument or thing likely to produce bodily harm; Chapter 9A.40
or KIDNAPING, UNLAWFUL IMPRISONMENT, AND
(d) Shall knowingly assault another with intent to CUSTODIAL INTERFERENCE
commit a felony.
(2) Assault in the second degree is a class B felony. Sections
[1979 1st ex.s. c 244 § 9; 1975—'76 2nd ex.s. c 38 § 5; 9A.40.010 Definitions.
1975 1st ex.s. c 260 § 9A.36.020.] 9A.40.020 Kidnaping in the first degree.
Effective date-1979 1st ex.s.c 244:See RCW 9A.44.902. 9A.40.030 Kidnaping in the second degree.
9A.40.040 Unlawful imprisonment.
Effective date---Severability-1975-16 2nd ex.s. c 38: See 9A.40.050 Custodial interference.
notes following RCW 9A.08.020.
9A.36.030 Assault in the third degree. 1 Ever per- 9A.40.010 Definitions. The following definitions ap-
g ( ) y p ply in this chapter:
son who, under circumstances not amounting to assault (1) "Restrain" means to restrict a person's movements
in either the first or second degree, shall be guilty of as- without consent and without legal authority in a manner
sault in the third degree when he: which interferes substantially with his liberty. Restraint
(a) With intent to prevent or resist the execution of is "without consent" if it is accomplished by (a) physical
any lawful process or mandate of any court officer or force, intimidation, or deception, or (b) any means in-
the lawful apprehension or detention of himself or an- cluding acquiescence of the victim, if he is a child less
other person shall assault another; or than sixteen years old or an incompetent person and if
(b) With criminal negligence, shall cause physical in- the parent, guardian, or other person or institution hav-
I jury to another person by means of a weapon or other ing lawful control or custody of him has not acquiesced.
instrument or thing likely to produce bodily harm. (2) "Abduct" means to restrain a person by either (a)
(2) Assault in the third degree is a class C felony. secreting or holding him in a place where he is not likely
[1979 1st ex.s. c 244 § 10; 1975 1st ex.s. c 260 § to be found, or (b) using or threatening to use deadly
9A.36.030.1 force;
Effective date-1979 1st ex s.c 244:See RCW 9A.44.902. (3) "Relative" means an ancestor, descendant, or sib-
ling, including a relative of the same degree through
9A.36.040 Simple assault. (1) Every person who marriage or adoption, or a spouse. (1975 1 st ex.s. c 260
shall commit an assault or an assault and battery not § 9A.40.010.J
amounting to assault in either the first, second, or third
degree shall be guilty of simple assault. 9A.40.020 Kidnaping in the first degree. (1) A per-
(2) Simple assault is a gross misdemeanor. [1975 1st son is guilty of kidnaping in the first degree if he inten-
ex.s. c 260 § 9A.36.040.] tionally abducts another person with intent:
(Title 9A RCW(1979 Ed.)—p 111
9A.40.020 Title 9A RCW: Washington Criminal Code
(a) To hold him for ransom or reward, or as a shield Witnesses:Rules of court:ER 601 through 615.
or hostage;or
(b) To facilitate commission of any felony or flight 9A.44.010 Definitions. As used in this chapter:
thereafter; or (1) "Sexual intercourse" (a) has its ordinary meaning
(c) To inflict bodily injury on him; or and occurs upon any penetration, however slight, and
(d) To inflict extreme mental distress on him or a (b) Also means any penetration of the vagina or anus
third person;or however slight, by an object, when committed on one
(e) To interfere with the performance of any govern- person by another, whether such persons are of the same r
mental function. or opposite sex, except when such penetration is accom.
(2) Kidnaping in the first degree is a class A felony. plished for medically recognized treatment or diagnostic
[1975 1st ex.s. c 260 § 9A.40.020.] purposes, and
9A.40.030 Kidnaping in the second de 1 p (c) Also means any act of sexual contact between
degree.g ( ) persons involving the sex organs of one person and the
person is guilty of kidnaping in the second degree if he mouth or anus of another whether such persons are of
intentionally abducts another person under circum- the same or opposite sex.
stances not amounting to kidnaping in the first degree. (2) "Married" means one who is legally married to
(2) In any prosecution for kidnaping in the second another.
degree, it is a defense if established by the defendant by (3) "Mental incapacity" is that condition existing at
a preponderance of the evidence that (a) the abduction the time of the offense which prevents a person from
does not include the use of or intent to use or threat to understanding the nature or consequences of the act of
use deadly force, and (b) the actor is a relative of the sexual intercourse whether that condition is produced by
person abducted, and (c) the actor's sole intent is to as- illness, defect, the influence of a substance or from some
sume custody of that person. Nothing contained in this other cause;
paragraph shall constitute a defense to a prosecution for, 4
( ) "Physically helpless" means a person who is un-
or preclude a conviction of, any other crime. conscious or for any other reason is physically unable to 1,
(3) Kidnaping in the second degree is a class B felony. communicate unwillingness to an act;
[1975 1st ex.s. c 260 § 9A.40.030.j (5) "Forcible compulsion" means physical force which
overcomes resistance, or a threat, express or implied, ,.
9A.40.040 Unlawful imprisonment. (1) A person is that places a person in fear of death or physical injury to {
guilty of unlawful imprisonment if he knowingly re- herself or himself or another person, or in fear that she
strains another person. or he or another person will be kidnaped;
(2) Unlawful imprisonment is a class C felony. [1975 (6) "Consent" means that at the time of the act of
1st ex.s. c 260 § 9A.40.040.1 sexual intercourse there are actual words or conduct in-
dicating freely given agreement to have sexual inter-
9A.40.050 Custodial interference. (1) A person is course. [1975 1st ex.s. c 14 § 1. Formerly RCW
guilty of custodial interference if, knowing that he has 9.79.140.1
no legal right to do so, he takes or entices from lawful
custody any incompetent person or other person en- 9A.44.020 Testimony—Evidence Written mo-
trusted by authority of law to the custody of another tion--_Admissibility. (1) In order to convict a person of
person or institution. any crime defined in this chapter it shall not be neces-
(2) Custodial interference is a gross misdemeanor. sary that the testimony of the alleged victim be
[1975 1st ex.s. c 260 § 9A.40.050.] corroborated.
(2) Evidence of the victim's past sexual behavior in-
cluding but not limited to the victim's marital history,
Chapter 9A.44 divorce history, or general reputation for
p promiscuity,
SEXUAL OFFENSES nonchastity, or sexual mores contrary to community
Sectionsstandards is inadmissible on the issue of credibility and
9A.44.010 Definitions. is inadmissible to prove the victim's consent except as
provided in subsection (3) of this section, but when the
9A.44.020 Testimony—Evidenc„ written motion—
Admissibility. perpetrator and the victim have engaged in sexual inter-
9A.44.030 Defenses to prosecution under this chapter. course with each other in the past, and when the past
9A.44.040 Rape in the first degree. behavior is material to the issue of consent, evidence
9A.44.050 Rape in the second degree. concerning the past behavior between the perpetrator
9A.44.00 Rape in the third degree. and the victim may be admissible on the issue of consent
first degree.
9A.44.0770 Statutory rape in the
9A:44.080 Statutory rape in the second degree. to the offense.
9A.44.090 Statutory rape in the third degree. (3) In any prosecution for the crime of rape or for an
9A.44.100 Indecent liberties. attempt to commit, or an assault with an intent to com-
9A.44.110 Communication with a minor for immoral purposes.
9A.44.900 Decodification and addition of RCW 9.79.140-9.79- mit any such crime evidence of the victim's past sexual
.220,9A.88.020 and 9A.88.100 to this chapter. behavior including but not limited to the victim's marital
9A.44.901 Construction--Sections decodified and added to behavior, divorce history, or general reputation for pro-
this chapter. miscuity, nonchastity, or sexual mores contrarto com-
9A.44.902 Effective dace-1979 1st ex.s.c 244. ymunity standards is not admissible if offered to attack
(Tide 9A RCW(1979 Ed.}—p 121
Sexual Offenses 9A.44.070
the credibility of the victim and is admissible on the is- 9A.44.040 Rape in the first degree. (1) A person is
sue of consent only pursuant to the following procedure: guilty of rape in the first degree when such person en-
motion shall be made by the gages in sexual intercourse with another person not
(a) Awritten pretrial
d prosecutor stating that the married to the perpetrator by forcible compulsion where
defendant to the court an
defense has an offer of proof of the relevancy of evidence the perpetrator or an accessory:
(a) Uses or threatens to use a deadly weapon; or
of the past sexual behavior of the victim proposed to be (b) Kidnaps the victim;or
presented and its relevancy on the issue of the consent of (c) Inflicts serious physical injury; or
the victim. (d) Feloniously enters into the building or vehicle
by an
(b) The written motion shall be accompanied where the victim is situated.
affidavit or affidavits in which the offer of proof shall be (2) Rape in the first degree is a class A felony. No
stated. person convicted of rape in the first degree shall be
(c) If the court finds that the offer of proof is suffi- granted a deferred or suspended sentence except for the
tient, the court shall order a hearing out of the presence purpose of commitment to an inpatient treatment facil-
of the jury, if any, and the hearing shall be closed except ity: Provided, That every person convicted of rape in the
to the necessary witnesses, the defendant, counsel, and first degree shall be confined for a.minimum of three
those who have a direct interest in the case or in the years: Provided further, That the board of prison terms
work of the court. and paroles shall have authority to set a period of con-
(d) At the conclusion of the hearing, if the court finds finement greater than three years but shall never reduce
that the evidence proposed to be offered by the defend- the minimum three—year period of confinement nor shall
ant regarding the past sexual behavior of the victim is the board release the convicted person during the first
relevant to the issue of the victim's consent; is not inad- three years of confinement as a result of any type of au-
missible because its probative value is substantially out- tomatic good time calculation nor shall the department
weighed by the probability that its admission will create of social and health services permit the convicted person
• and that its ex- to participate in any work release program or furlough
undue prejudice;a substantial danger of u P J ro ram during the first three years of confinement.
elusion would result in denial of substantial justice to the P g g 1975 1st ex.s. c 247 § 1; 1975
defendant; the court shall make an order stating what [1979 1st ex.s. c 244 § 1;
evidence may be introduced by the defendant, which or- 1st ex.s. c 14 § 4. Formerly RCW 9.79.170.1
der may include the nature of the questions to be per-
mitted. The defendant may then offer evidence pursuant 9A.44.050 Rape in the second degree. (1) A person is
to the order of the court. guilty of rape in the second degree when, under circum-
to
in this section shall be construed to pro- stances not constituting rape in the first degree,
erthe
er-
(4) Nothing son engages in sexual intercourse with a person,
hibit cross—examination of the victim on the issue of past
sexual behavior when the prosecution presents evidence not married to the perpetrator:
a B forcible compulsion; or
in its case in chief tending to prove the nature of the fib) When the victim is incapable of consent by reason
he court may requireincapacitated.
victim s past sexual behavior, butt y q of being physically helpless or mentally
a hearing pursuant to subsection (3) of this section con- (2) Rape in the second degree is a class B felony.
cerning such evidence. [1975 1st ex.s. c 14 § 2. Formerly [1979 1st ex.s. c 244 § 2; 1975 1st ex.s. c 14 § 5. Form-
RCW 9.79.150.1 erly RCW 9.79.180.1
9A.44.030 Defenses to prosecution under this chap- 9A.44.060 Rape in the third degree. (1) A person is
ter. (1) In any prosecution under this chapter in which guilty of rape in the third degree when, under circum-
lack of consent is based solely upon the victim's mental stances not constituting rape in the first or second de-
incapacity or upon the victim's being physically helpless, grees, such person engages in sexual intercourse with
it is a defense which the defendant must prove by a pre- another person, not married to the perpetrator:
ponderance of the evidence that at the time of the of- (a) Where the victim did not consent as defined in
fense the defendant reasonably believed that the victim RCW 9A.44.010(6),'to sexual intercourse with the per-
was not mentally incapacitated and/or physically petrator and such lack of consent was clearly expressed
helpless. by the victim's words or conduct, or
(2) In any prosecution under this chapter in which the (b) Where there is threat of substantial unlawful
offense or degree of the offense depends on the victim's harm to property rights of the victim.
age, it is no defense that the perpetrator did not know (2) Rape in the third degree is a class C felony. [1979
the victim's age, or that the perpetrator believed the vic- 1st ex.s. c 244 § 3; 1975 1st ex.s. c 14 § 6. Formerly
tim to be older, as the case may be: Provided, That it is RCW 9.79.190.1
a defense which the defendant must prove by a prepon-
derance of the evidence that at the time of the offense 9A.44.070 Statutory rape in the first degree. (1) A
the defendant reasonably believed the alleged victim to person over thirteen years of age is guilty of statutory
person engages in sex-
the when be older based upon declarations as to age by the alleged rape in the first degree wp
victim. 11975 1st ex.s. c 14 § 3. Formerly RCW ual intercourse with another person who is less than
9.79.160.1 eleven years old.
[Title 9A RCW(1979 Ed.}--p 131
9A.44.070 Title 9A RCW: Washington Criminal Code
(2) Statutory rape in the first degree is a class A fel- hereafter amended, 9.79.220 as now or hereafter
ony. No person convicted of statutory rape in the first amended, 9A.88.020, and 9A.88.100 are each decodified
degree shall be granted a deferred or suspended sentence and are each added to Title 9A RCW as a new chapter
except for the purpose of commitment to an inpatient with the designation chapter 9A.44 RCW. [1979 Ist
treatment facility. [1979 Ist ex.s. c 244 § 4; 1975 Ist ex.s. c 244 § 17.]
ex.s. c 14 § 7. Formerly RCW 9.79.200.]
9A.44.901 Construction—Sections decodified and
9A.44.080 Statutory rape in the second degree. (1) A added to this chapter. The sections decodified by RCW
person over sixteen years of age is guilty of statutory 9A.44.900 and added to Title 9A RCW as a new chap-
rape in the second degree when such person engages in ter with the designation chapter 9A.44 RCW shall be
sexual intercourse with another person, not married to construed as part of Title 9A RCW. [1979 Ist ex.s..c
k the perpetrator, who is eleven years of age or older but 244 § 18.1
less than fourteen years old.
(2) Statutory rape in the second degree is a class B 9A.44.902 Effective date 1979 1st ex.s, c 244.
felony. [1979 1st ex.s. c 244 § 5; 1975 1st ex.s. c 14 § 8. This act is necessary for the immediate preservation of
Formerly RCW 9.79.210.1 the public peace, health, and safety, the support of the
state government and its existing public institutions, and
9A.44.090 Statutory rape in the third degree. (1) A shall take effect on July 1, 1979. [1979 Ist ex.s. c 244 §
person over eighteen years of age is guilty of statutory 19.1
rape in the third degree when such person engages in
sexual intercourse with another person, not married to
the perpetrator, who is fourteen years of age or older but Chapter 9A.48
less than sixteenears old. ARSON, RECKLESS BURNING, AND MALICIOUS
(2) Statutory rape in the third degree is a class C fel- MISCHIEF
ony. [1979 Ist ex.s. c 244 § 6; 1975 Ist ex.s. c 14 § 9.
Formerly RCW 9.79.220.1 Sections
9A.48.010 Definitions.
9A.44.100 Indecent liberties. (1) A person is guilty 9A.48.020 Arson in the first degree.
9A.48.030 Arson in the s
of indecent liberties when he knowingly causes another 9A.48.040 Reckless burnieng incond degree.
the first person who is not his spouse to have sexual contact with 9A.48.050 Reckless burning in the second degree.
him or another: 9A.48.060 Reckless burning—Defense.
(a) By forcible compulsion; Or 9A.48.070 Malicious mischief in the first degree.
9A.48.080 Malicious mischief in the(b) When the other person is less than fourteen years 9A.48.090 Malicious mischief in the third d grgee.
of age; Or 9A.48.100 Malicious mischief—"Physical damage" defined
(c) When the other person is incapable of consent by (as amended by 1979 c 145).
reason of being mentally defective, mentally incapaci- 9A.48.100 Malicious mischief "Physical damage" defined
tated, Or physically helpless. (as amended by 1979 1st ex.s.c 244).
(2) For purposes of this section, "sexual contact" 9A.48.010 Definitions. (1) For the purpose of this
means any touching of the sexual or other intimate parts chapter, as now or hereinafter amended, unless the con-
of a person done for the purpose of gratifying sexual de- text indicates otherwise:
sire of either party.
(a) "Building" has the definition in RCW
(3) Indecent liberties is a class B felony. [1975 Ist 9A.04.110(5), and where a building consists of two or
ex.s. c 260 § 9A.88.100. Formerly RCW 9A.88.100.] more units separately secured or occupied, each unit
9A.44.110 Communication with a minor for immoral shall not be treated as a separate building;
(b) "Damages", in addition to its ordinary meaning,
in
purposes. Any person who communicates with a child
under the age of seventeen ears of age for immoral includes any charring, scorching, burning, or breaking,
y g or agricultural or industrial sabotage, and shall include
purposes shall be guilty of a gross misdemeanor, unless any diminution in the value of any property as a conse-
such person has previously been convicted of a felony quence of an act.
sexual offense or has previously been convicted under
per- (2) To constitute arson it shall not be necessary that a
this section or *RCW 9.79.130, in which case such person rson other than the actor should have had ownership
son shall be guilty of a class C felony. [1975 Ist ex.s. c in the building or structure damaged or set on fire.
260 § 9A.88.020. Formerly RCW 9A.88.020.] [1975–'76 2nd ex.s. c 38 § 6; 1975 Ist ex.s. c 260 §
*Reviser's note- "RCW 9.79.130" was repealed by 1975 Ist ex.s. c 9A.48.010.1
260$9A.92.010,effective July I, 1976;See RCW 9A.98.010(212).
Effective date- -Severability--197 '76 2nd ex.s. c 38: See
9A.44.900 Decodification and addition of RCW notes following RCW 9A.08.020.
9.79.140-9.79.220, 9A.88.020 and 9A.88.100 to this 9A.48.020 Arson in the first degree. (1) A person is
chapter. RCW 9.79.140, 9.79.150, 9.79.160, 9.79.170 as guilty of arson in the first degree if he knowingly and
now or hereafter amended, 9.79.180 as now or hereafter maliciously:
amended, 9.79.190 as now or hereafter amended, 9.79- (a) Causes a fire or explosion which is manifestly
.200 as now or hereafter amended, 9.79.210 as now or dangerous to any human life including firemen; or
(Title 9A RCW(1979 Ed.)—p 141
Arson, Etc. & Malicious Mischief
9A.48.100
(b) Causes a fire or- explosion which damages a state,a political subdivision thereof,or a public utility or
mode of public transportation, power,or communication.
dwelling;orMalicious mischief in the first degree is a class B
i
(c)Causes a fre or explosion in any building in which (2)
there shall s athe time a human being who is not a felony. [1975 1st ex.s. c 260 § 9A.48.070.1 second degree.
participant in the crime.
(2) Arson in the first degree is a class A felony. [1975 (1)A4pe person iMalicious
guilty of male ious mischief in thegsec-
ist ex.s.c 260 § 9A.48.020.1
and degree if he knowingly and maliciously:
rty of a
9A,48,030 Arson in the second degree.h1) A person in an amount exceeding tCauses physical wo h ndred fiftyage to the edollars; or her
is guilty of arson in the secondg Creates a substantial risk of interruption or im-
and maliciously causes a fire or explosion which dam- (b) to physically
ages a building,or any
ldin structure
uan owharf,erection
dock,purtenant mach machine, damaging or tampering rvice airment of seewiitth an emergency vehicle or
to or joining any building, Y ro ert of the state, a political subdivision thereof, or a
engine, automobile, or other motor vehicle, watercraft, public utility or mode of public transportation, power,or
aircraft, bridge,or.trestle, or hay, grain, crop, or timber, p Y
whether cut or standing or any range land, or pasture communication; or
tim- (
causes
land,or any fence, or any lumber, shingle, or other damage,odestruction,1 R ornjury6by amp�utat on,physical mutila-
ber products,or any property.
(2) Arson in the second degree is a class B felony. cow,heifer,tbull,steer,swine,goat,or sheep which is the
[1975 1st ex.s. c 260 § 9A.48.030.1 property of another.
9A.48.040 Reckless burning in the first degree. (1) A (2) Malicious mischief in the second degree is a class
ess burning in the first or other structure eif C o9A.48 080.]1979 c 145 § 2; 1975 1st ex.s. c 260
person is guilty of reckl
§
he recklessly damages a building
any vehicle, railway car, aircraft or watercraft or any Action by owner of stolen livestock:RCW 4.24.320.
hay, grain, crop, or timber whether cut or standing, by
9A.48.090 Malicious mischief in the third degree. (1)
knowingly causing a fire or explosion.
(2) Reckless burning in the first degree is a class C A person is guilty of malicious mischief in the third de-
felony. [1975 1st ex.s. c 260 § 9A.48.040.1 gree if he knowingly and maliciously causes physical
damage to the property of another, under circumstances
9A.48.050 Reckless burning in the second degree. (1) not amounting to malicious mischief in the first or sec-
A person is guilty of reckless burning in the second de- and degree.
gree if he knowingly causes a fire or explosion, whether (2) Malicious mischief in the third degree is a gross
on his own property or that of another, and thereby misdemeanor if the damage to the property is in an
recklessly places a building or other structure, or any amount exceeding fifty dollars; otherwise, it is a misde-
vehicle, railway car, aircraft, or watercraft, or any hay, meanor. [1975 1st ex.s. c 260 § 9A.48.090.1
grain,crop or timber, whether cut or standing, in danger Phsical damage deed (as
of destruction or damage. 9A.48.100 Malicious mischief" y
(2) Reckless burning in the second degree is a gross 9�od9byi1979 c 4Sp Foos ed purposes
enadd►tion to its 0ordinary
misdemeanor. [1975 1St ex.s. c 260 § 9A.48.050.1 meaning, shall include the alteration, damage, or erasure of records,
information, data, or computer programs which are electronically re-
9A.48.060 Reckless burning Defense. In any corded for use in computers. [1979 c 145 ; 3; 1977 ex.s. c 174 g 1;
prosecution for the crime of reckless burning in the first 1975 1st ex.s.c 260 J 9A.48.100.1.
or second degrees, it shall be a defense if the defendant 9A.48.100 Malicious mischief—"Physical damage" defined (as
establishes by a preponderance of the evidence that: . amended by 1979 1st ex s.a 244 For the purposes of RCW 9A.48.070
(a) No person other than the defendant had a posses- through 9A.48.090 inclusive:
sory, or pecuniary interest in the damaged or endan- (1) "physical damage", in addition to its ordinary meaning, shalt
gered property, or if other persons had such an interest, include
ata ortcomputertion, damage,programs whichareelectronicaerasure of lly recordrdsq ed for use
all of them consented to the defendant's conduct; and in computers and shall also include the injury or destruction of
(b) The defendant's sole intent was to destroy or livestock,
damage the property for a lawful purpose. [1975 1st (2) If more than one item of property is physically damaged as a
ex.s. c 260 § 9A.48.060.1 result of a common scheme or plan by a person and the physical dam-
age to the property would,when considered separately,constitute mis-
chief in the third degree because of value, then the value of the
9A.48.070 Malicious mischief in the first degree. (1) damages may be aggregated in one count.If the sum of the value of all
A person is guilty Of malicious mischief in the first de- the physical damages exceeds two hundred fifty dollars,the defendant
he knowingly and maliciously: may be charged with and convicted of malicious mischief in the second
gree if $Y 79 1st ex.s.c 244 111;1977 ex.s.c 174; 1;1975 1st ex.s.c
g degree. 19
g [
' al damage to the property of another �
h sic A.48.t
a Causes p y g 260;9 1
O
in an amount exceeding one thousand five hundred dol- Revisor's note:RCW 9A.48.100 was amended twice during the 1979
tars; Or legislative sessions,each without reference to the other.
(b) Causes an interruption or impairment of service For rule of construction concerning sections amended more than
v
rendered to the public by physically damaging or tam- once at consecutive sessions of the same legislature, see RCW
pering with an emergency vehicle or property of the 1.12.025.
(Title 9A RCW(1979 Ed.}--p 1St
9A.48.100 Title 9A RCW: Washington Criminal Code
Effective date-1979 1st ex.s.c 244:See RCW 9A.44.902. (2) Burglary in the second degree is a class B felony.
Action by owner of stolen livestock:RCW 4.24.320. [1975—'76 2nd ex.s. c 38 § 7; 1975 1st ex.s. c 260 §
9A.52.030.]
Effective date— &verability-1975-'76 2nd ex.& c 38: See
Chapter 9A.52 notes following RCW 9A.08.020.
BURGLARY AND TRESPASS
9A.52.040 Inference of intent. In any prosecution for
Sections burglary, any person who enters or remains unlawfully
9A.52.010 Definitions. in a building may be inferred to have acted with intent
9A.52.020 Burglary in the first degree. to commit a crime against a person or property therein,
9A.52.030 Burglary in the second degree. unless such entering or remaining shall be explained by
9A.52.040 Inference of intent. evidence satisfactory to the trier of fact to have been
9A.52.050 Other crime in committing burglary punishable. made without such criminal intent. 1975 1st ex.s. c 260
9A.52.060 Making or having burglar tools. [
9A.52.070 Criminal trespass in the first degree. § 9A.52.040.]
9A.52.080 Criminal trespass in the second degree.
9A.52.090 Criminal trespass--Defenses. -
p
9A.52.100 vehicle prowling. 9A.52.050 Other crime in committing burglary pun.
ishable. Every person who, in the commission of a bur-
9A.52.010 Definitions. The following definitions ap- glary shall commit any other crime, may be punished
ply in this chapter: therefor as well as for the burglary, and may be prose-
(1) "Premises" includes any building, dwelling, or any cured or each crime separately. [1975 1st ex.s. c 260 §
real property;
(2) "Enter". The word "enter" when constituting an
element or part of a crime, shall include the entrance of 9A.52.060 Making or having burglar tools. (1) Every
the person, or the insertion of any part of his body, or person who shall make or mend or cause to be made or
any instrument or weapon held in his hand and used or mended, or have in his possession, any engine, machine,
intended to be used to threaten or intimidate a person or tool, false key, pick lock, bit, nippers, or implement
to detach or remove property; adapted,designed,or commonly used for the commission
(3) "Enters or remains unlawfully". A person "enters of burglary under circumstances evincing an intent to
or remains unlawfully" in or upon premises when he is use or employ, or allow the same to be used or employed
not then licensed, invited, or otherwise privileged to so in the commission of a burglary, or knowing that the
enter or remain. same is intended to be so used, shall be guilty of making t
A license or privilege to enter or remain in a building or having burglar tools.
which is only partly open to the public is not a license or (2) Making or having burglar tools is a gross misde-
privilege to enter.or remain in that part of a building meanor. [1975 1st ex.s. c 260 § 9A.52.060.1
which is not open to the public. A person who enters or
remains upon unimproved and apparently unused land, 9A.52.070 Criminal trespass in the first degree. (1)
which is neither fenced nor otherwise enclosed in a A person is guilty of criminal trespass in the first degree
manner designed to exclude intruders, does so with li- if he knowingly enters or remains unlawfully in a
cense and privilege unless notice against trespass is per- building.
sonally communicated to him by the owner of the land (2) Criminal trespass in the first degree is a gross
or some other authorized person, or unless notice is misdemeanor. [1979 lst ex.s. c 244 § 12; 1975 1st ex.s. c
given by posting in a conspicuous manner. [1975 1st 260 § 9A.52.070.]
ex.s. c 260 § 9A.52.010.1
Effective date-1979 1st ex-s.c 244:See RCW 9A.44.902.
9A.52.020 Burglary in the first degree. (1) A person 9A.52.080 Criminal trespass in the second degree. (1)
is guilty of burglary in the first degree if, with intent to
commit acrime against a person or property therein, he A person is guilty of criminal trespass in the second de-
gree if he knowingly enters or remains unlawfully in or
enters or.remains unlawfully in a dwelling and if, in en- upon premises of another under circumstances not con-
tering or while in the dwelling or in immediate flight
therefrom, the actor or another participant in the crime stituting criminal trespass in the first degree.
(a) is armed with a deadly weapon, or (b) assaults any (2) Criminal trespass in the second degree is a misde-
m
person therein. eanor. [1979 1st ex.s. c 244 § 13; 1975 1st ex.s. c 260
§ 9A.52.080.]
(2) Burglary in the first degree is a class A felony.
[1975 1st ex.s. c 260 § 9A.52.020.] Effective date-19791st ex.&c 244:See RCW 9A.44.902.
9A.52.030 Burglary in the second degree. (1) A per- 9A.52.090 Criminal trespass Defenses. In any
son is guilty of burglary in the second degree if, with in- prosecution under RCW 9A.52.070 and 9A.52.080, it is
tent to commit a crime against a person or property a defense that:
therein, he enters or remains unlawfully in a building (1) A building involved in an offense under RCW
other than a vehicle. 9A.52.070 was abandoned; or
(Title 9A RCW(1979 Ed.)--p 161
Theft And Robbery 9A.56.010
(2)The premises were at the time open to members of (4) "Deception" occurs when an actor knowingly:
the public and the actor complied with all lawful condi- (a) Creates or confirms another's false impression
tions unposed on access to or remaining in the premises; which the actor knows to be false; or
or (b) Fails to correct another's impression which the
(3) The actor reasonably believed that the owner of actor previously has created or confirmed; or
the premises, or other person empowered to license ac- (c) Prevents another from acquiring information ma-
cess thereto,would have licensed him to enter or remain. terial to the disposition of the property involved; or
(1975 1st ex.s. c 260 § 9A.52.090.1 (d) Transfers or encumbers property without disclos-
ing a lien, adverse claim, or other legal impediment to
100 Vehicle prowling. (1) A person t a crime guilty of the enjoyment of the property, whether that impediment
vehicle
prowling if, with intent to commit is or is not valid, or is or is not a matter of official
against a person or property therein, he enters or re- record; or
mains unlawfully in a vehicle. (e) Promises performance which the actor does not
(2) Vehicle prowling is a gross misdemeanor. [1975
1st ex.s. c 260 § 9A.52.100.] intend to perform or knows will not be performed.
(5) "Deprive" in addition to its common meaning
means to make unauthorized use or an unauthorized
Chapter 9A.56 copy of records, information, data, trade secrets, or
THEFT AND ROBBERY computer programs, provided that the aforementioned
are of aP rivate proprietary nature;
Sections (6) "Obtain control over" in addition to its common
9A.56.010 Definitions. meaning, means:
9A.56.020 Theft—Definition,defense. (a) In relation to property, to bring about a transfer
9A.56.030 Theft in the first degree. or purported transfer to the obtainer or another of a le-
9A.56.040 Theft in the second degree.
9A.56.050 Theft in the third degree. gally recognized interest in the property; or
Unlawful issuance of checks or drafts. service, to secure rfor-
9A.56.060 (b) In relation to labor or se e, pe
9A.56.070 Taking motor vehicle without permission. mance thereof for the benefits of the obtainer or
9A.56.080 Theft of livestock.
9A.56.095 Criminal possession of leased or rented machinery, another;
equipment,or motor vehicle. (7) "Wrongfully obtains" or "exerts unauthorized
9A.56.100 Theft and larcenyequated.e9 control" means:
9A.56.110 Extortion—Definition.
a To take the property or services of another; or
9A.56.120 Extortion in the first degree.
O P P Y
i g
9A.56.130 Extortion in the second degree. (b) Having any property or services in one's posses-
9A.56.140 Possessing stolen property—Definition—Credit sion, custody or control as bailee, factor, pledgee, ser-
cards,presumption. vant, attorney, agent, employee, trustee, executor,
9A.56.150 Possessing stolen property in the first degree.
9A.56.160 Possessing stolen property in the second degree. administrator, guardian, or officer of any person, estate,
9A.56.170 Possessing stolen property in the third degree. association, or corporation, or as a public officer, or per-
9A.56.180 Obscuring identity of a machine. son authorized by agreement or competent authority to
9A.56.190 Robbery—Definition.
9A.56.200 Robbery in the first degree. take or hold such possession, custody, or control, to se-
9A.56.210 Robbery in the second degree. Crete, withhold, or appropriate the same to his own use
or to the use of any person other than the true owner or
9A.56.010 Definitions. The following definitions are person entitled thereto;
applicable in this chapter unless the context otherwise (8) "Owner" means a person, other than the actor,
requires: who has possession of or any other interest in the prop-
(1) "Appropriate lost or misdelivered property or ser- erty or services involved, and without whose consent the
vices" means obtaining or exerting control over the actor has no authority to exert control over the property
property or services of another which the actor knows to or services;
have been lost or mislaid, or to have been delivered un- "Receive"
der a mistakeas to identity of the recipient or as to the
(9) Recetve includes, but is not limited to, acquiring
y P r a security interest or an
nature or amount of the property;
title, possession, control, o y Y
(2) "By color or aid of deception" means that the de- other )merest the property;
ception operated to bring about the obtaining of the (10) Services includes, but is not limited to, labor,
Professional services, transportation services, electronic
property or services; it is not necessary that deception be
computer services, the supplying of hotel accommoda-
the sole means of obtaining the property or services;
(3) "Credit card" means any instrument or device, tions, restaurant services, entertainment, the supplying
whether incomplete, revoked, or expired, whether known of equipment for use, and the supplying of commodities
as a credit card, credit plate,charge plate,courtesy card, of a public utility nature such as gas, electricity, steam,
or by any other name, issued with or without fee for the and water;
use of the cardholder in obtaining money, goods, ser- (11) "Stolen" means obtained by theft, robbery, or
vices, or anything else of value, including satisfaction of extortion;
a debt or the payment of a check drawn by a cardholder, (12) Value. (a) "Value" means the market value of
either on credit or in consideration of an undertaking or the property or services at the time and in the approxi-
guarantee by the issuer; mate area of the criminal act.
[rifle 9A RCW(1979 Ed.)- 171
N
9A.56.010 Title 9A RCW: Washington Criminal Code
(b) Whether or not they have been issued or delivered, faith, even though the claim be untenable. [1975_•76
written instruments, except those having a readily ascer- 2nd ex.s. c 38 § 9; 1975 1st ex.s. c 260 § 9A.56.020.1
tained market value, shall be evaluated as follows:
(i) The value of an instrument constitutin an evi- Effective date-Weverability-1975-�76 �dex.� c
g notes following RCW 9A.08.020.
dence of debt,such as a check, draft, or promissory note,
P Y Civil action for shoplifting b adu/t
shall P 8 y s,minors:
be deemed RCW
the am 4.
amount du 24.
e or collectible thereon or 23u
thereby, that figure ordinarily being the face amount of 9A:56.030 Theft in the first .
the indebtednessdegree.
less an portion g 1 A
y po tion thereof which has been guilty ( ) theft a
g of theft in the first trst
degree
satisfied; ee
if he commits ommits theft of:
(ii) The value of a ticket ore (a) Property or services which exceed(s) one tho
equivalent instrument usa
q ument five hundred nd
which evidences a ed dollars in value; or
right to
receive e trans ortation
P , enter- b Property o
( ) of v
tainm P Y value taken
ent, or other service shall be deemed the price another. Y from the person of
stated thereon, if any; and if no price is stated thereon,
the value shall be deemed the price of such ticket or 1st ex.s. c Theft60 § 9A.56.030.in the first �ee is a class B felony. [1975
equivalent instrument which the issuer charged the gen-
eral public; Civil action for shoplifting by adults,minors:RCW 4.24.130.
(iii) The value of any other instrument that creates,
releases, discharges, or otherwise affects any valuable 9A.56.040 Theft in the second degree. (1) A Person
legal right, privilege, or obligation shall be deemed the is guilty of theft in the second degree if he commits theft
greatest amount of economic loss which the owner of the of
instrument might reasonably suffer by virtue of the loss (a) Property or services which exceed(s) two hundred
of the instrument. and fifty dollars in value, but does not exceed one thou-
(c) Whenever any series of transactions which consti- sand five hundred dollars in value; or
tute theft, would, when considered separately, constitute (b) A public record, writing, or instrument kept,filed,
theft in the third degree because of value, and said series or deposited according to law with or in the keeping of
of transactions are a part of a common scheme or plan, any public office or public servant; or
then the transactions may be aggregated in one count (c) A credit card; or
and the sum of the value of all said transactions shall be (d) A motor vehicle, of a value less than one thousand
the value considered in determining the degree of theft five hundred dollars.
involved. (2) Theft in the second degree is a class C felony.
(d) Whenever any person is charged with possessing [1975 1st ex.s. c 260 § 9A.56.040.1
stolen property and such person has unlawfully in his Civil action for shoplifting by adults,minors:RCW 4.24.230.
possession at the same time the stolen property of more
than one person, then the stolen property possessed may 9A.56.050 Theft in the third degree. (1) A person is
be aggregated in one count and the sum of the value of guilty of theft in the third degree if he commits theft of
all said stolen property shall be the value considered in property or services which does not exceed two hundred
determining the degree of theft involved. and fifty dollars in value.
(e) Property or services having value that cannot be (2) Theft in the third degree is a gross misdemeanor.
ascertained pursuant to the standards set forth above [1975 1st ex.s. c 260 § 9A.56.050.]
shall be deemed to be of a value not exceeding two hun- Civil action for shoplifting by adults,minors:RCW 4.24.230.
dred and fifty dollars. [1975—'76 2nd ex.s. c 38 § 8; 1975
1st ex.s. c 260 § 9A.56.010.] 9A.56.060 Unlawful issuance of checks or drafts. (1)
Effective date--Severability--1975-76 2nd ex s. c 38: see Any person who shall with intent to defraud, make, or
notes following RCW 9A.08.020. draw, or utter, or deliver to another person any check,or
draft, on a bank or other depository for the payment of
9A.56.020 Theft Definition, defense. (1) "Theft" money, knowing at the time of such drawing, or delivery,
means: that he has not sufficient funds in, or credit with said
(a) To wrongfully obtain or exert unauthorized con-
bank or other depository, to meet said check or draft, in
full upon its presentation, shall be guilty of unlawful is-
trol over the property or services of another or the value suance of bank check. The word "credit" as used herein
thereof, with intent to deprive him of such property or
services; or shall be construed to mean an arrangement or under-
standing with the bank or other depository for the pay-
(b) By color or aid of deception to obtain control over ment of such check or draft, and the uttering or delivery
the property or services of another or the value thereof, of such a check or draft to another person without such
with intent to deprive him of such property or services;
or fund or credit to meet the same shall be prima facie evi-
(c) To appropriate lost or misdelivered property or dente off n n intent to defraud.
services of another, or the value thereof, with intent to m ( ) Y person who shall with intent to defraud,
make, or draw, or utter, or deliver to another person any
deprive him of such property or services.
check, or draft on a bank or other depository for the
(2) In any prosecution for theft, it shall be a sufficient payment of money and who issues a stop—payment order
defense that the property or service was appropriated directing the bank or depository on which the check is
openly and avowedly under a claim of title made in good drawn not to honor said check, and who fails to make
(Title 9A RCW(1979 Ed.}-p lgl
r
Theft And Robbery 9A.56.130
money in the amount of the check or draft the time specified, is thereafter served by registered or
�yntent of
or otherwise arrange a settlement agreed upon by the certified mail addressed to him at his last known place
bolder of the check within thirty days of issuing said of residence or business with a written demand to return
check or draft shall be guilty of unlawful "issuance of a said f the
service of such ndema d, and wilfullyseventy-two hurs oneglects m the itto return
bank check.
(3) When any series of transactions which constitute said item to any place of business of the lessor within
unlawful issuance of a bank check would, when consid- five full business days from the date of service of said
ered separately, constitute:unlawful issuance of a bank notice; or
check in an amount of two hundred fifty dollars or less (b) After leasing machinery, equipment or a motor
bemuse-of value, and the.series of transactions are a vehicle under an agreement in writing which provides for
part of a common scheme or plan, the transactions may periodic rental or lease payments for a period greater
be aggregated in one count and the sum of the value of than six months duration, fails to pay the lessor of said
all of the transactions shall be the value considered in item the periodic payments when due for a period of
determining whether the unlawful issuance of a bank ninety days, is thereafter served by registered or certified
check is to be punished as a class C felony ora gross mail addressed to him at his last known place of resi-
misdemeanor. dence or business with a written demand to return the
(4) Unlawful issuance of a bank check in an-amount item to any place of business of the lessor within sev-
greater than two hundred fifty dollars is a class C enty-two hours from the time of the service of said de-
felony
mand and wilfully neglects to return said item to any
(5) Unlawful issuance of a bank check in an am place lace
of business of the lessor within five full business
of two hundred fifty dollars or less is a gross misde- days from the date of service of said notice.
meanor. [1979 1st ex.s. c 244 § 14; 1975 1st ex.s. c 260 (2) "Wilfully neglects" as used in this section means
f 9A.56.060.1 omits, fails or forebears with intent to deprive the owner
of or exert unauthorized control over the property, and
ffectire date-1979 1st ex c 244:See RCW 9A.44.902.
E eludes the
specifically ex failure to return the item be-
cause of a bona fide contract dispute with the owner.
9A.56.070 Taking motor vehicle without permission. (3) It shall be a defense to any civil action arising out
(1) Every person who shall without the permission of the of or involving the arrest or detention of any person who
owner or person entitled to the possession thereof inten- rents or leases machinery, equipment or a motor vehicle
tionally take or drive away any automobile or motor ve- that he failed to return the item to any place of business
hicle, whether propelled by steam, electricity, or internal of the lessor within five full business days after receiving
combustion engine, the property of another, shall be written demand therefor.
deemed guilty of a felony, and every person voluntarily .n 1 possession of leased or rented machinery,
Y Criminal 8 Y
riding in or upon said automobile or motor vehicle with equipment or a motor vehicle is a class C felony. [1977
knowledge of the fact that the same was unlawfully
g ex.s. c 236 § 1.1
taken shall be equally guilty with the person taking or
driving said automobile or motor vehicle and shall be 9A.56.100 Theft and larceny equated. All offenses
deemed guilty of taking a motor vehicle without defined as larcenies outside of this title shall be treated
permission. as thefts as provided in this title. [1975 I st ex.s. c 260 §
(2) Taking a motor vehicle without permission is a 9A.56.100.1
class C felony. [1975 Ist ex.s. c 260 § 9A.56.070.1
9A.56.110 Extortion Definition. "Extortion"
9A.56.080 Theft of livestock. (1) Every person who, means knowingly to obtain or attempt to obtain by
without lawful authority and with intent to deprive or threat property or services of the owner, as defined in
defraud the owner thereof, wilfully takes, leads, or RCW 9A.56.010(8). [1975-'76 2nd ex.s. c 38 § 10.
transports away, conceals, withholds, slaughters, or prior: 1975 1st ex.s. c 260 § 9A.56.110.1
otherwise appropriates to his own use any horse, mule, Effective date—Severability-1975-16 29d ex s. c 38: See
cow, heifer, bull, steer, swine, or sheep shall be guilty of notes following RCW 9A.08.020.
theft of livestock.
(2) Theft of livestock is a class B felony. [1977 ex.s. c 9A.56.120 Extortion in the first degree. (1) A person
174 § 2; 1975 1st ex.s. c 260 § 9A.56.080.1 is guilty of extortion in the first degree ,if he commits
Action by owner of damaged or stolen livestock:RCW 4.24.320. extortion by means of a threat as defined in RCW
9A.04.110(25)(a), (b), or (c).
9A.56.095 Criminal possession of leased or rented (2) Extortion in the first degree is a class B felony.
machinery, equipment, or motor vehicle. (1) A person is [1975 1st ex.s. c 260 § 9A.56.120.1
guilty of criminal possession of leased or rented machin-
ery, equipment or a motor vehicle if the value thereof 9A.56.130 Extortion in the second degree. (1) A
exceeds one thousand five hundred dollars and if he: person is guilty of extortion in the second degree if he
(a) After renting machinery, equipment or a motor commits extortion by means of a threat as defined in
vehicle under an agreement in writing which provides for RCW 9A.04.110(25) (d) through 0).
the return of said item to a particular place at a partic- (2) In any prosecution under this section based on a
ular time, fails to return the item to said place within threat to accuse any person of a crime or cause criminal
(Title 9A RCW(1979 Ed."191
9A.56.130 Title 9A RCW: Washington Criminal Code,
charges to be instituted against any person, it is a de- any vehicle, machine, engine, apparatus, appliance, or
fense that the actor reasonably believed the threatened other device with intent to render it unidentifiable; or
criminal charge to be true and that his sole purpose was (b) Possesses a vehicle, machine, engine, apparatus,
to compel or induce the person threatened to take rea- appliance, or other device held for sale knowing that the
sonable action to make good the wrong which was the serial number or other identification number or mark
subject of such threatened criminal charge. has been obscured.
(3) Extortion in the second degree is a class C felony. (2) "Obscure" means to remove, deface, cover, alter,
[1975 1st ex.s. c 260 § 9A.56.130.1 destroy, or otherwise render unidentifiable.
(3) Obscuring the identity of a machine is a gross
9A.56.140 Possessing stolen property Defini- misdemeanor. [1975—'76 2nd ex.s. c 38 § 11; 1975 1st
tion--Credit cards, presumption. (1) "Possessing sto- ex.s. c 260 § 9A.56.180.1
len property" means knowingly to receive, retain,
possess, conceal, or dispose of stolen property know Effective date—,Severability-1975-'76 2nd ex.& c 38: See
Po P P Y g notes following RCW 9A.08.020.
that it has been stolen and to withhold or appropriate
the same to the use of any Person other than the true
9A.56.190 Robber
Y Definttton. A person com-
owner or person entitled thereto.
mits robbery when he unlawfully takes personal property
(2) The fact that the person who stole the property from the person of another or in his presence against his
has not been convicted, apprehended, or identified is not will by the use or threatened use of immediate force, vi-
a defense to a charge of possessing stolen property. olence, or fear of injury to that person or his property or
(3) When a person not an issuer or agent thereof has the person or property of anyone. Such force or fear
in his possession or under his control stolen credit cards must be used to obtain or retain possession of the prop-
issued in the names of two or more persons, he shall be erty, or to prevent or overcome resistance to the taking;
presumed to know that they are stolen. This presumption in either of which cases the degree of force is immate-
may be rebutted by evidence raising a reasonable infer- rial. Such taking constitutes robbery whenever it appears
ence that the possession of such stolen credit cards was that, although the taking was fully completed without
without knowledge that they were stolen. [1975 1st ex.s. the knowledge of the person from whom taken, such
c 260 § 9A.56.140.] knowledge was prevented by the use of force or fear.
� 9A.56.150 Possessing stolen property in the first de-
[1975 1st ex.s. c 260 § 9A.56.190.1
gree. (1) A person is guilty of possessing stolen property 9A.56.200 Robbery in the first degree. (1) A person
in the first degree if he possesses stolen property which is guilty of robbery in the first degree if in the commis-
exceeds one thousand five hundred dollars in value. sion of a robbery or of immediate flight therefrom, he:
(2) Possessing stolen property in the first degree is a (a) Is armed with a deadly weapon; or
class B felony. [1975 1st ex.s. c 260 § 9A.56.150. y
] (b) Displays what appears to be a firearm or other
deadly weapon; or
9A.56.160 Possessing stolen property in the second (c) Inflicts bodily injury.
degree. (1) A person is guilty of possessing stolen prop- (2) Robbery in the first degree is a class A felony.
erty in the second degree if:
g [1975 1st ex.s. c 260 § 9A.56.200.]
(a) He possesses stolen property which exceeds two
hundred fifty dollars in value but does not exceed one 9A.56.210 Robbery in the second degree. (1) A per-
thousand five hundred dollars in value; or son is guilty of robbery in the second degree if he com-
(b) He possesses a stolen public record, writing or in- mits robbery.
strument kept, filed, or deposited according to law; or (2) Robbery in the second degree is a class B felony.
(c) He possesses a stolen credit card; or [1975 1st ex.s. c 260 § 9A.56.210.1
(d) He possesses a stolen motor vehicle of a value less
than one thousand five hundred dollars; or
(e) He possesses a stolen firearm. Chapter 9A.60
(2) Possessing stolen property in the second degree is FRAUD
a class C felony. [1975 1st ex.s. c 260 § 9A.56.160.1
Sections
9A.56.170 Possessing stolen property in the third de- 9A.60.010 Definitions.
gree. (1) A person is guilty of possessing stolen property 9A.60.020 Forgery.
in the third degree if he possesses stolen property which 9A.60.030 Obtaining a signature by deception or duress.
9A.60.040 Criminal impersonation.
does not exceed two hundred fifty dollars in value. 9A.60.050 False certification.
(2) Possessing stolen property in the third degree is a False representations:Chapter 9.38 RCW.
gross misdemeanor. [1975 1st ex.s. c 260 § 9A.56.170.] Frauds and swindles:Chapter 9.45 RCW.
9A.56.180 Obscuring identity of a machine. (1) A 9A.60.010 Definitions. The following definitions and
person is guilty of obscuring the identity of a machine if the definitions of RCW 9A.56.010 are applicable in this'
he knowingly: chapter unless the context otherwise requires:
(a) Obscures the manufacturer's serial number or any (1) "Written instrument" means: (a) Any paper, doc-
other distinguishing identification number or mark upon ument, or other instrument containing written or printed
(Title 9A RCW(1979 Ed.}—p 201
i
� I
,.. ..... -"t.w.y my..t,.,.. ..c-,.-s ;, .ss-a_.:• 3
', :.µ_..yd ;'.. '..y.:.- .,,.-•.- 'ar,. ..., C '.. "N...-
_ •y
Bribery And Corrupt Influence Chapter 9A.68
matter or its equivalent; or (b) any credit card, as de- (b) Pretends to be a representative of some person or
fined in RCW 9A.56.010(3), token, stamp, seal, badge, organization or a public servant and does an act in his
trademark, or other evidence or symbol of value, right, pretended capacity with intent to defraud another or for
privilege,or identification; any other unlawful purpose.
(2) "Complete written instrument" means one which (2) Criminal impersonation is a gross misdemeanor.
is fully drawn with respect to every essential feature [1975 1st ex.s. c 260 § 9A.60.040.]
thereof,
(3) "Incomplete written instrument" means one which 9A.60.050 False certification. (1) A person is guilty
contains some matter by way of content or authentica- of false certification, if, being an officer authorized to
tion but which requires additional matter in order to take a proof or acknowledgment of an instrument which
render it a complete written instrument; by law may be recorded, he knowingly certifies falsely
(4) To "falsely make" a written instrument means to that the execution of such instrument was acknowledged
make or draw a complete or incomplete written instru- by any p2rty thereto or that the execution thereof was
ment which purports to be authentic, but which is not proved.
'F authentic either because the ostensible maker e is fictitious (2) False certification is a gross misdemeanor. [1975—
or because, if real, he did not authorize the making or '76 2nd ex.s. c 38 § 15; 1975 1st ex.s. c 260 §
drawing thereof; 9A.60.050.]
(5) To "falsely complete" a written instrument means Effective date--Severability-1975-16 2nd ex.& c 38: See
to transform an incomplete written instrument into a notes following RCW 9A.08.020.
complete one by adding or inserting matter, without the
authority of anyone entitled to grant it;
(6) To "falsely alter" a written instrument means to Chapter 9A.64
change, without authorization by anyone entitled to FAMILY OFFENSES
grant it, a written instrument, whether complete or in-
complete, by means of erasure, obliteration, deletion, in- Sections
sertion of new matter, transposition of matter, or in any 9A.64.010 Bigamy.
other manner; 9A.64.020 Incest.
(7) "Forged instrument" means a written instrument
which has been falsely made, completed or altered. 9A.64.010 Bigamy. (1) A person is guilty of bigamy
[1975—'76 2nd ex.s. c 38 § 12; 1975 1st ex.s. c 260 § if he intentionally marries or purports to marry another
9A.60.010.1 person when either person has a living spouse.
Effective date- Severability-1975-'76 2nd ex s. a 38: See (2) In any prosecution under this section, it is a de-
notes following RCW 9A.08.020. fense that at the time of the subsequent marriage or
purported marriage:
9A.60.020 Forgery. (1) A person is guilty of forgery (a) The actor reasonably believed that the prior
f if, with intent to injure or defraud: spouse was dead; or
(a) He falsely makes, completes, or alters a written (b) A court had entered a judgment purporting to
instrument or; terminate or annul any prior disqualifying marriage and
(b) He possesses, utters, offers, disposes of, or puts off the actor did not know that such judgment was invalid;
as true a written instrument which he knows to be or
forged. (c) The actor reasonably believed that he was legally
(2) Forgery is a class C felon eligible to marry.
g Y y. [1975—76 2nd ex.s. c Y
38 § 13; 1975 1st ex.s. c 260 § 9A.60.020.] (3) Bigamy is a class C felony. [1975 1st ex.s. c 260 §
Effective date--Severability-1975-16 2nd ex.s. c 38: See 9A.64.010.]
notes following RCW 9A.08.020. 9A.64.020 Incest. (1) A person is guilty of incest if
9A.60.030 Obtaining a signature by deception or du- he engages in sexual intercourse with a person whom he
ress. (1) A person is guilty of obtaining a signature by knows to be related to him, either legitimately or illegit-
deception or duress if by deception or duress and with imately, as an ancestor, descendant, brother, or sister of
intent to defraud or deprive he causes another person to either the whole or the half blood.
sign or execute a written instrument. (2) As used in this section, "descendant" includes
stepchildren and adopted children under eighteen years
(2) Obtaining a signature by deception or duress is a
class C felony. [1975—'76 2nd ex.s. c 38 § 14; 1975 1st of age.
ex.s. c 260 § 9A.60.030.) (3) Incest is a class C felony. [1975 1st ex.s. c 260 §
Effective date-Severaliility-1975-16 2nd ex.s. c 38: See 9A.64.020.1
notes following RCW 9A.08.020.
9A.60.040 Criminal impersonation. 1 A Chapter 9A.68
Pe ( ) person is
guilty of criminal impersonation if he: BRIBERY AND CORRUPT INFLUENCE
(a) Assumes a false identity and does an act in his Sections
assumed character with intent to defraud another or for 9A.68.010 Bribery.
any other unlawful purpose; or 9A.68.020 Requesting unlawful compensation.
(Title 9A RCW(1979 Ed.)` 211
Chapter 9A.68 Title 9A RCW: Washington Criminal Code .
9A.68.030 Receiving or granting unlawful compensation. (2) Trading in public office is a class C felon
9A.68.040 Trading in public office. Y• [1975
9A.68.050 Trading in special influence. 1St ex.s. c 260 § 9A.68.040.]
Bribery or corruption offender as witness:RCW 9.18.080.
i 9A.68.050 Trading in special inf
u
enc
e. (1) A Person
9A.68.010 Bribery. (1) A person is guilty of bribery is guilty of trading in special influence if:
if:
(a) He offers, confers, or agrees to confer an
ary benefit upon another person pursuant to n a�n�
(a) With the intent to secure a particular result.in a grey
particular matter involving the exercise of the public ment or understanding that such other person will offer
or confer a benefit upon a public servant or procure an.
servants vote, opinion, judgment, exercise of discretion, other to do so with intent thereby to secure or attempt to
or other action in his official capacity, he offers, confers,
secure a particular result in a particular matter; or
or agrees to confer any pecuniary benefit upon such
public servant; or (b) He requests, accepts, or agrees to accept any pe.
b cuniary benefit pursuant to an agreement or under-
( ) Being a public servant, he requests, accepts, or standing that he will offer or confer a benefit upon a
agrees to accept any pecuniary benefit pursuant to an public servant or procure another to do so with intent
agreement or understanding that his vote, opinion,judg- thereby to secure or attempt to secure a particular result
ment, exercise of discretion, or other action as a public in a particular matter.
servant will be used to secure or attempt to secure a
particular result in a particular matter. (2) Trading in special influence is a class C felony.
(2) It is no defense to a prosecution under this section [1975 1st ex.s. c 260 § 9A.68.050.1
that the public servant sought to be influenced was not
qualified to act in the desired way, whether because he
had not yet assumed office, lacked jurisdiction, or for Chapter 9A.72
any other reason. PERJURY AND INTERFERENCE WITH OFFICIAL
(3) Bribery is a class B felony. [1975 1st ex.s. c 260 § PROCEEDINGS
9A.68.010.1
Sections
9A.68.020 Requesting unlawful compensation. 1 9A.72.010 Definitions.
( ) A 9A.72.020 Perjury in the first degree.
public servant is guilty of requesting unlawful cmpen- 9A.72.030 Perjury in the second degree.
sation if he requests a pecuniary benefit for the perfor- 9A.72.040 False swearing.
mance of an official action knowing that he is required 9A.72.050 Perjury and false swearing—Inconsistent state-
to perform that action without compensation or at state-
ments—Degree of crime.
P 9A.72.060 Perjury and false swearing—Retraction.
level of compensation lower than that requested. 9A.72.070 Perjury and false swearing—Irregularities no
(2) Requesting unlawful compensation is a class C defense.
felony. [1975 1st ex.s. c 260 § 9A.68.020.] 9A.72.080 Statement of what one does not know to be true.
9A.72.090 Bribing a witness.
9A.72.100 Bribe receiving by a witness.
9A.68.030 Receiving or granting unlawful compensa- 9A.72.110 Intimidating a witness.
tion. (1) A person is guilty of receiving or granting un- 9A.72.120 Tampering with a witness.
lawful compensation if: 9A.72.130 Intimidating a juror.
9A.72.140 Jury tampering.
(a) Being a public servant, he requests, accepts, or 9A.72.150 Tampering with physical evidence.
agrees to accept compensation for advice or other assist- Committal of witness committing
ance in preparing a bill, contract, claim, or transaction perjury:RCW 9.72.090.
regarding which he knows he is likely to have an official 9A.72.010 Definitions. The following definitions are
discretion to exercise; or applicable in this chapter unless the context otherwise
(b) He knowingly offers, pays, or agrees to pay com- requires:
pensation to a public servant for advice or other assist- (1) "Materially false statement" means any false
ance in preparing or promoting a bill, contract, claim, or statement oral or written, regardless of its admissibility
other transaction regarding which the public servant is under the rules of evidence, which could have affected
likely to have an official discretion to exercise. the course or outcome of the proceeding; whether a false
(2) Receiving or granting unlawful compensation is a statement is material shall be determined by the court as
class C felony. [1975 1st ex.s. c 260 § 9A.68.030.1 a matter of law;
(2) "Oath" includes an affirmation and every other
9A.68.040 Trading in public office. (1) A person is mode authorized by law of attesting to the truth of that
guilty of trading in public office if: which is stated; in this chapter, written statements shall
. (a) He offers, confers, or agrees to confer any pecuni- be treated as if made under oath if:
ary benefit upon a,public servant pursuant to an agree- (a) The statement was made on or pursuant to in-
ment or understanding that such actor will or may be structions on an official form bearing notice, authorized
appointed to a public office; or by law, to the effect that false statements made therein
(b) Being a public servant, he requests, accepts, or are punishable; or
agrees to accept any pecuniary benefit from another (b) The statement recites that it was made under
person pursuant to an agreement or understanding that oath, the declarant was aware of such recitation at the
such person will or may be appointed to a public office. time he made the statement, intended that the statement
[Title 9A RCW(1979 Ed-}—p 221
Perjury 9A.72.100
should be represented as a sworn statement, and the defendant to be false. In such case it shall not be neces-
statement was in fact so represented by its delivery or sary for the prosecution to prove which material state-
utterance with the signed jurat of an officer authorized ment was false but only that one or the other was false
to administer oaths appended thereto; and known by the defendant to be false.
(3) An oath is "required or authorized by law" when (2) The highest offense of which a person may be
the use of the oath is specifically provided for by statute convicted in such an instance as set forth in subsection
or regulatory provision; (1) of this section shall be determined by hypothetically
(4) "Official proceeding" means a proceeding heard assuming each statement to be false. If perjury of dif-
before any legislative, judicial, administrative, or other ferent degrees would be established by the making of the
government agency or official authorized to hear evi- two statements, the person may only be convicted of the
dence under oath, including any referee, hearing exam- lesser degree. If perjury or false swearing would be es-
iner, commissioner, notary, or other person taking tablished by the making of the two statements, the per-
testimony or depositions; son may only be convicted of false swearing. For
(5) "Juror" means any person who is a member of purposes of this section, no corroboration shall be re-
any jury, including a grand jury, impaneled by any court quired of either inconsistent statement. [1975 1st ex.s. c
of this state or by any public servant authorized by law 260 § 9A.72.050.1
to impanel a jury; the term juror also includes any per-
son who has been drawn or summoned to attend as a 9A.72.060 Perjury and false swearing—
son
juror; tion. No person shall be convicted of perjury or false
(6) "Testimony" includes oral or written statements, swearing if he retracts his false statement in the course
of the same proceeding in which it was made, if in fact
documents,or any other material that may be offered by he does so before it becomes manifest that the falsiflca-
a witness in an official proceeding. [1975 1st ex.s. c 260 tion is or will be exposed and before the falsification
§ 9A.72.010.] substantially affects the proceeding. Statements made in
separate hearings at separate stages of the same trial,
9A.72.020 Perjury in the first degree. (1) A person is administrative, or other official proceeding shall be
guilty of perjury in the first degree if in any official treated as if made in the course of the same proceeding.
proceeding he makes a materially false statement which [1975–'76 2nd ex.s. c 38 § 16; 1975 1st ex.s. c 260 §
he knows to be false under an oath required or author- 9A.72.060.]
ized by law. Effective date---Severability-1975-76 2nd ex.& c 38. See
(2) Knowledge of the materiality of the statement is notes following RCW 9A.08.020.
not an element of this crime, and the actor's mistaken
belief that his statement was not material is not a de- 9A.72.070 Perjury and false swearing Irregular-
fense to a prosecution under this section. ities no defense. It is no defense to a prosecution for
(3) Perjury in the first degree is a class B felony. perjury or false swearing:
[1975 1st ex.s. c 260 § 9A.72.020.] (1) That the oath was administered or taken in an ir-
regular manner; or
9A.72.030 Perjury in the second degree. (1) A per- (2) That the person administering the oath lacked au-
son is guilty of perjury in the second degree if, with in- thority to do so, if the taking of the oath was required or
tent to mislead a public servant in the performance of authorized by law. [1975 1st ex.s. c 260 § 9A.72.070.1
his duty, he makes a materially false statement, which 9A.72.080 Statement of what one does not know to
he knows to be false under an oath required or author- be true. Every unqualified statement of that which one
ized by law. does not know to be true is equivalent to a statement of
(2) Perjury in the second degree is a class C felony. that which he knows to be false. [1975 1st ex.s."c 260 §
[1975 1st ex.s. c 260 § 9A.72.030] 9A.72.080.]
9A.72.040 False swearing. (1) A person is guilty of 9A.72.090 Bribing a witness. (1) A person is guilty
false swearing if he makes a false statement, which he of bribing a witness if he offers, confers, or agrees to
knows to be false, under an oath required or authorized confer any benefit upon a witness or a person he has
by law. reason to believe is about to be called as a witness in any
(2) False swearing is a gross misdemeanor. [1975 ist official proceeding with intent to:
ex.s. c 260 § 9A.72.040.1 (a) Influence the testimony of that person; or
(b) Induce that person to avoid legal process sum-
9A.72.050 Perjury and false swearing Inconsis- sum-
moning him to testify; or
tent statements—De gree of crime. 1 Where, in the ( ) Induce that person to absent himself from an offi-
g ( ) cial proceeding to which he has been legally summoned.
course of one or more official proceedings, a person (2) Bribing a witness is a class B felony. [1975 1st
makes inconsistent material statements under oath, the ex.s. c 260 § 9A.72.090.1
prosecution may proceed by setting forth the inconsis-
tent statements in a single count alleging in the alterna- 9A.72.100 Bribe receiving by a witness. (1) A wit-
tive that one or the other was false and known by the ness or a person who has reason to.believe he is about to
(Title 9A RCW(1979 Ed.}—p 231
9A.72.100 Title 9A RCW: Washington Criminal Code
be called as a witness in any official proceeding is guilty 9A.72.150 Tampering with physical evidence. (1) A
of bribe receiving by a witness if he requests, accepts, or person is guilty of tampering with physical evidence if,
agrees to accept any benefit pursuant to an agreement.or having reason to believe that an official proceeding is
understanding that: pending or about to be instituted and acting,without le.
(a) His testimony will thereby be influenced; or gal right or authority, he:
(b) He will attempt to avoid legal process summoning (a) Destroys, mutilates, conceals, removes, or alters
him to testify; or physical evidence with intent to impair its appearance,
(c) He will attempt to absent himself from an official character, or availability in such pending or rpectiv
proceeding to which he has been legally summoned. official proceeding; or prospective
(2) Bribe receiving by a witness is a class B felony. (b) Knowingly presents or offers any false physical
[1975 1st ex.s. c 260 § 9A.72.100.1 evidence.
(2) "Physical evidence" as used in this section in.
9A.72.110 Intimidating a witness. (1) A person is cludes any article, object, document, record, or other
guilty of intimidating a witness if, by use of a threat di- thing of physical substance.
rected to a witness or a person he has reason to believe is (3) Tampering with physical evidence is a gross mis.
about to be called as a witness in any official proceeding, demeanor. [1975 1st ex.s. c 260 § 9A.72.150.]
he attempts to:
(a) Influence the testimony of that person; or
(b) Induce that person to elude legal process sum- Chapter 9A.76
moning him to testify; or OBSTRUCTING GOVERNMENTAL OPERATION
(c) Induce that person to absent himself from such
proceedings. Sections
(2) "Threat" as used in this section means 9A.76.010 Definitions.
(a) to communicate, directly or indirectly, the intent 9A•76.020 Obstructing a public servant.
against an 9A.76.030 Refusing to summon aid for a peace officer.
immediately to use force a
g y person who is 9A.76.040 Resisting arrest.
present at the time; or 9A.76.050 Rendering criminal assistan Definition of term.
(b) threats as defined in RCW 9A.04.110(25). 9A•76.060 Relative defined.
(3) Intimidating a witness is a class B felony. [1975 9A.76.070 Rendering criminal assistance in the first degree.
1st 3) I c id § 9Aa wit 0.J 9A.76.080 Rendering criminal assistance in the second degree.
9A.76.090 Rendering criminal assistance in the third degree. r
9A.76.100 Compounding.
9A.72.120 Tampering with a witness. (1) A person is 9A.76.110 Escape in the first degree.
guilty of tampering with a witness if he attempts to in- 9A.76.130 Esca20 pe in the third d in the secondgrgee.
duce a witness or person he has reason to believe is 9A•76.140 Introducing contraband in the first degree.
about to be called as a witness in any official proceeding 9A.76.150 Introducing contraband in the second degree.
to: 9A.76.160 Introducing contraband in the third degree.
(a)-Testify falsely or, without right or privilege to do 9A.76.180 Intimidating jumping.
u pi g a public servant.
SO, t0 withhold any testimony; Or
(b.) Absent himself from such proceedings. Withholding knowledge of felony:RCW 9.69.100.
(2) Tampering with a witness is a class C felony. 9A.76.010 Definitions. The following definitions are
[1975 1st ex.s. c 260 § 9A.72.120.1 applicable in this chapter unless the context otherwise
9A.72.130 Intimidatin a juror. 1 p requires:
Intimidating 1 ( ) person is (1) "Custody" means restraint pursuant to a lawful
guilty of intimidating a juror if, by use of a threat, he arrest or an order of a court: Provided, That custody
attempts to influence a juror's vote, opinion, decision, or pursuant to chapter 13.34 RCW and RCW 74.13.020
other official action as a juror. and 74.13.031 and chapter 13.32A RCW shall not be
(2) "Threat" as used in this section means deemed custody for purposes of this chapter;
(a) to communicate, directly or indirectly, the intent (2) "Detention facility" means any place used for the
immediately to use force against any person who is confinement of a person (a) arrested for, charged with
present at the time;or or convicted of an offense, or (b) charged with being or
(b) threats as defined in-RCW 9A.04.110(25). adjudicated to be a juvenile offender as defined in RCW
(3) Intimidating a juror is a class B felony. [1975 1st 13.40.020 as now existing or hereafter amended,. or (c)
ex.s. c 260 § 9A.72.130.1 held for extradition or as a material witness, or (d)
otherwise confined pursuant to an order of a court, ex-
9A.72.140 Jury tampering. (1) A person is guilty of cept an order under chapter 13.34 RCW or chapter
jury tampering if with intent to influence a juror's vote, 13.32A RCW, or (e) in any work release, furlough, or
opinion, decision, or other official action in a case, he other such facility or program;
attempts to communicate directly or indirectly with a (3) "Contraband" means any article or thing which a
juror other than as part of the proceedings in the trial of person confined in a detention facility is prohibited from
the case. obtaining or possessing by statute, rule, regulation, or
(2) Jury tampering m
p g is a gross misdemeanor. order of a court. 1979
[1975 1st [ c 155 § 35; 1977 ex.s. c 291 § 53;
ex.s. c 260 § 9A.72.140.] 1975 1st ex.s.
c 2609A.7
6.0
§ 9A.76.010.1
Mile 9A RCW(1979 Ed.}—p 241
Obstructing Governmental Operation 9A.76.110
AWWisdon —Effective date--&vembility-1979 c 155: 9A.76.070 Rendering criminal assistance in the first
SM MW following RCW 13.04.011. degree. (1) A person is guilty of rendering criminal as-
Effwve date.—~Severability-1977 ex s. c 291: See notes fol- sistance in the first degree if he renders criminal assist-
ance to a person who has committed or is being sought
9A.76.020 Obstructing a public servant. Every person for murder in the first degree or any class A felony.
who,(1) without lawful excuse shall refuse or knowingly (2) Rendering criminal assistance in the first degree
fail to make or furnish any statement, report, or infor- ts:
mation lawfully required of him by a public servant, or (a) A gross misdemeanor if it is established by a pre-
(2) in any such statement or report shall make any ponderance of the evidence that the actor is a relative as
knowingly untrue statement to a public servant, or (3) defined in RCW 9A.76.060;
shall knowingly hinder, delay, or obstruct any public (b) A class C felony in all other cases. [1975 1st ex.s.
servant in the discharge of his official powers or duties; c 260 § 9A.76.070.1
shall be guilty of a misdemeanor. [1975 1 st ex.s. c 260 §
9A.76.020.1 9A.76.080 Rendering criminal assistance in the sec-
ond degree. (1) A person is guilty of rendering criminal
9A.76.030 Refusing to summon aid for a peace offi- assistance in the second degree if he renders criminal
cer. (1) A person is guilty of refusing to summon aid for assistance to a person who has committed or is being
a peace officer if, upon request by a person he knows to sought for a class B or class C felony.
be a peace officer, he unreasonably refuses or fails to (2) Rendering criminal assistance in the second de-
summon aid for such peace officer. gree is:
(2) Refusing to summon aid for a peace officer is a (a) A misdemeanor if it is established by a prepon-
misdemeanor. [1975 1st ex.s. c 260 § 9A.76.030.1 derance of the evidence that the actor is a relative as
defined in RCW 9A.76.060;
9A.76.040 Resisting arrest. (1) A person is guilty of (b) A gross misdemeanor in all other cases. [1975 1st
resisting arrest if he intentionally prevents or attempts to ex.s. c 260 § 9A.76.080.1
prevent a peace officer from lawfully arresting him.
(2) Resisting arrest is a misdemeanor. [1975 1st ex.s. 9A.76.090 Rendering criminal assistance in the third
c 260 § 9A.76.040.]
degree. (1) A person is guilty of rendering criminal as-
9A.76.050 Rendering criminal assistance—Defini- sistance in the third degree if he renders criminal assist-
tion of term. As used in RCW 9A.76.070, 9A.76.080, ance to a person who has committed a gross
and 9A.76.090,a person "renders criminal assistance" if, misdemeanor or misdemeanor.
with intent to prevent, hinder, or delay the apprehension (2) Rendering criminal assistance in the third degree
or prosecution of another person who he knows has is a misdemeanor. [1975 1st ex.s. c 260 § 9A.76.090.1
committed a crime or is being sought by law enforce-
ment officials for the commission of a crime or has es- 9A.76.100 Compounding. (1) A person is guilty of
caped from a detention facility, he: compounding if:
(1) Harbors or conceals such person; or (a) He requests, accepts, or agrees to accept any pe-
(2) Warns such person of impending discovery or ap- cuniary benefit pursuant to an agreement or under-
prehension; or standing that he will refrain from initiating a
(3) Provides such person with money, transportation, prosecution for a crime; or
disguise, or other means of avoiding discovery or appre- (b) He confers, or offers or agrees to confer, any pe-
hension; or cuniary benefit upon another pursuant to an agreement
(4) Prevents or obstructs, by use of force, deception, or understanding that such other person will refrain
or threat, anyone from performing an act that might aid from initiating a prosecution for a crime.
in the discovery or apprehension of such person; or (2) In any prosecution under this section, it is a de-
(5) Conceals, alters, or destroys any physical evidence fense if established by a preponderance of the evidence
that might aid in the discovery or apprehension of such that the pecuniary benefit did not exceed an amount
person; or which the defendant reasonably believed to be due as
(6) Provides such person with a weapon. [1975 1st restitution or indemnification for harm caused by the
ex.s. c 260 § 9A.76.050.] crime.
(3) Compounding is a gross misdemeanor. [1975 1st
9A.76.060 Relative defined. As used in RCW 9A.76- ex.s. c 260 § 9A.76.100.]
.070 and 9A.76.080, "relative" means a person:
(1) Who is related as husband or wife, brother or sis- 9A.76.110 Escape in the first degree. (1) A person is
ter, parent or grandparent, child or grandchild, step- guilty of escape in the first degree if, being detained
child or step-parent to the person to whom criminal as- pursuant to a conviction of a felony, he escapes from
sistance is rendered; and custody or a detention facility.
(2) Who does not render criminal assistance to an- (2) Escape in the first degree is a class B felony.
other person in one or more of the means defined in (1975 1 st ex.s. c 260 § 9A.76.110.1
subsections (4), (5), or (6) of RCW 9A.76.050. [1975
1st ex.s. c 260 § 9A.76.060.1 Term of escaped prisoner recaptured:RCW 9.31.090.
llitle 9A RCW(1979 Ed."251
9A.76.120
Title 9A RCW: Washington Criminal Code
9A.76.120 Escape in the second degree. (1) A person 9A.76.180 Intimidating a public servant. (1) A
is guilty of escape in the second degree if. son is guilty a of intimidatinge o
public servant if, b Y use of
(a) He escapes from a detention facility; or a threat, he attempts to influence a public servant's vote,
(b) Having been charged with a felony, he escapes opinion, decision, or other official action as a public
from custody. servant.
(2) Escape in the second degree is a class C felony. (2) For purposes of this section "public servant' shall
[1975 1st ex.s. c 260 § 9A.76.120.] not include jurors.
Terms of escaped prisoner recaptured.RCW 9.31.090. (3) "Threat" as used in this section means
(a) to communicate, directly or indirectly, the intent
9A.76.130 Escape in the third degree. (1) A person is immediately to use force against any person who is
guilty of escape in the.third degree if he escapes from Present at the time; or
custody. (b) threats as defined in RCW 9A.04.110(25).
(2) Escape in the third degree is a gross misdemeanor. (4) Intimidating a public servant is a class B felony.
[1975 1st ex.s. c 260 § 9A.76.130.1 [1975 Ist-ex.s. c 260 § 9A.76.180.]
Term of escaped prisoner recaptured.RCW 9.31.090.
Chapter 9A.80
9A.76.140 Introducing contraband in the first degree. ABUSE OF OFFICE
(1) A person is guilty of introducing contraband in the
first degree if he knowingly provides any deadly weapon Sections
to any person confined in a detention facility. 9A.80.010 Official misconduct.
(2) Introducing contraband in the first degree is a
class B felony. [1975 1 st ex.s. c 260 § 9A.76.140.1 9A.80.010 Official misconduct. (1) A public servant
is guilty of official misconduct if, with intent to obtain a
9A.76.150 Introducing contraband in the second de- benefit or to deprive another person of a lawful right or
gree. (1) A person is guilty of introducing contraband in privilege:
the second degree if he knowingly and unlawfully pro- (a) He intentionally commits an unauthorized act un-
vides contraband to any person confined in a detention der color of law; or
facility with the intent that such contraband be of as- (b) He intentionally refrains from performing a duty
sistance in an escape or in the commission of a crime. imposed upon him by law.
(2) Introducing contraband in the second degree is a (2) Official misconduct is a gross misdemeanor.
class C felony. [1975 I st ex.s. c 260 § 9A.76.150.] [1975—'76 2nd ex.s. c 38 § 17; 1975 I st ex.s. c 260 §
9A.80.010.]
9A.76.160 Introducing contraband in the third de- Effective date---Severability-1975-'76 2nd ex-% c 38: See
gree. (1) A person is guilty of introducing contraband in notes following RCW 9A.08.020.
the third degree if he knowingly and unlawfully provides Failure of duty by public oft<cers:RCW 42.20.100.
contraband to any person confined in a detention
facility.
(2) Introducing contraband in the third degree is a Chapter 9A.84
misdemeanor. [1975 1st ex.s. c 260 § 9A.76.160.1 PUBLIC DISTURBANCE
9A.76.170 Bail jumping. (1) Any person having been Sections
released by court order or admitted to bail with the re- 9A.84.010 Riot.
quirement of a subsequent personal appearance before 9A.84.020 Failure to disperse.
any court of this state, and who knowingly fails without 9A.84.040 Falsedrerport nng uct.
lawful excuse to appear as required is guilty of bail
jumping. Unless otherwise established, the failure to ap- 9A.84.010 Riot. (1) A person is guilty of the crime
pear when required shall be inferred to have been with- of riot if, acting with three or more other persons, he
out lawful excuse. knowingly and unlawfully uses or threatens to use force,
(2) Bail jumping is: or in any way participates in the use of such force,
(a) A class A felony if the person was held for, against any other person or against property.
charged with, or convicted of murder in the first degree; (2) The crime of riot is:
(b) A class B felony if the person was held for, (a) A class C felony, if the actor is armed with a
charged with, or convicted of a class A felony; deadly weapon;
(c) A class C felony if the person was held for, (b) A gross misdemeanor in all other cases. [1975 1st
charged with, or convicted of.a class B felony; ex.s. c 260 § 9A.84.010.]
(d) A gross misdemeanor if the person was held for,
charged with, or convicted of a class C felony; 9A.84.020 Failure to disperse. (1) A person is guilty
(e) A misdemeanor if the person was held for, of failure to disperse if:
charged with, or convicted of a gross misdemeanor or
ore
misdemeanor. [1975 Ist ex.s. c 260 § 9A.76.170.] other persons nand there gregates are acts of conduct within th a grouof three or rthat
(Title 9A RCW(1979 Ed.)--p 261
Public Indecency Prostitution 9A.88.090
$Mp which create a substantial risk of causing injury to (3) Prostitution is a misdemeanor. [1979 1st ex.s. c
lay person,or substantial harm to property; and 244 § 15; 1975 1st ex.s. c 260 § 9A.88.030.]
(b) He refuses or fails to disperse when ordered to do Effective date-1979 1st ex.&c 244:See RCW 9A.44.902.
so by a peace officer or other public servant engaged in
caforcing or executing the law. 9A.88.050 Prostitution---Sex of parties, immate-
(2) Failure to disperse is a misdemeanor. [1975 1st rial—No defense. In any prosecution for prostitution,
exs.c 260 § 9A.84.020.] the sex of the two parties or prospective parties to the
sexual conduct engaged in, contemplated, or solicited is
9A.84.030 Disorderly conduct. (1) A person is guilty immaterial, and it is no defense that:
of disorderly conduct if he: (1) Such persons were of the same sex; or
(a) Uses abusive language and thereby intentionally (2) The person who received, agreed to receive, or so-
creates a risk of assault; or licited a fee was a male and the person who paid or
(b) Intentionally disrupts any lawful assembly or agreed or offered to pay such fee was female. [1975 1st
meeting of persons without lawful authority; or ex.s. c 260 § 9A.88.050.]
(c) Intentionally obstructs vehicular or pedestrian
traffic without lawful.authority. 9A.88.060 Promoting prostitution—Definitions.
(2) Disorderly conduct-is a misdemeanor. [1975 1st The following definitions are applicable in RCW 9A.88-
ex.s.c 260 § 9A.84.030.1 .070 through 9A.88.090:
(1) "Advances prostitution." A person -"advances
9A.84.040 False reporting. (1) A person is guilty of
false reporting if with knowledge that the information Prostitution" if, acting other than as a prostitute or as a
reported, conveyed or circulated is false, he initiates or customer thereof, he causes or aids a person to commit
circulates a false report or warning of an alleged occur- or engage in prostitution, procures or solicits customers
for prostitution, provides persons or premises for prosti-
rence or impending occurrence of a fire, explosion, tution purposes, operates or assists in the operation of a
crime, catastrophe, or emergency knowing that such house of prostitution or a prostitution enterprise, or en-
false report is likely to cause evacuation of a building, gages in any other conduct designed to institute, aid, or
place of assembly, or transportation facility, or to cause facilitate an act or enterprise of prostitution.
public inconvenience or alarm. (2) "Profits from prostitution." A person "profits
(2) False reporting is a gross misdemeanor. [1975 1st from prostitution" if, acting other than as a prostitute
ex.s.c 260 § 9A.84.040.] receiving compensation for personally rendered prostitu-
tion services, he accepts or receives money or other
Chapter 9A.88 property pursuant to an agreement or understanding
with any person whereby he participates or is to partici-
PUBLIC INDECENCY PROSTITUTION pate in the proceeds of prostitution activity. [1975 1st
Sections ex.s. c 260 § 9A.88.060.1
9A.88.00 Public indecency. 9A.88.070 Promoting prostitution in the first degree.
9A.88.0330 Prostitution. g p g
9A.88.050 Prostitution---Sex of parties immaterial—No (1) A person is guilty of promoting prostitution in the
defense. first degree if he knowingly:
9A.88.060 Promoting prostitution—Definitions. (a) Advances prostitution by compelling a person by
9A.88.070 Promoting prostitution in the first degree. threat or force to engage in prostitution or profits from
9A.88.080 Promoting prostitution in the second degree. P
9A.88.090 Permitting prostitution. prostitution which results from such threat or force; or
Obscenity:Chapter 9.68 RCW. (b) Advances or profits from prostitution of a person
less than eighteen years old. -
9A.88.010 Public indecency. (1) A person is guilty of (2) Promoting prostitution in the first degree is a class
public indecency if he makes any open and obscene ex- B felony. [1975 1st ex.s. c 260 § 9A.88.070.]
posure of his person or the person of another knowing
that such conduct is likely to cause reasonable affront or 9A.88.080 Promoting prostitution in the second de-
alarm. gree. (1) A person is guilty of promoting prostitution in
(2) Public indecency is a misdemeanor unless such the second degree if he knowingly:
person exposes himself to a person under the age of (a) Profits from prostitution; or
fourteen years in which case indecency is a gross misde- (b) Advances prostitution.
meanor. [1975 1st ex.s. c 260 § 9A.88.010.] (2) Promoting prostitution in the second degree is a
class C felony. [1975 1st ex.s. c 260 § 9A.88.080.]
9A.88.030 Prostitution. (1) A person is guilty of
prostitution if such person engages or agrees or offers to 9A.88.090 Permitting prostitution. (1) A person is
engage in sexual conduct with another person in return guilty of permitting prostitution if, having possession or
for a fee. control of premises which he knows are being used for
(2) For purposes of this section, "sexual conduct" prostitution purposes, he fails without lawful excuse to
means "sexual intercourse" as defined in RCW make reasonable effort to halt or abate such use.
9A.44.010(1) or "sexual contact as defined in RCW (2) Permitting prostitution is a misdemeanor. [1975
9A.44.100(2). 1st ex.s. c 260 § 9A.88.090.]
nItle 9A RCW(1979 Ed.)--p 271
Chapter 9A.98 Title 9A RCW: Washington Criminal Code
Chapter 9A.98 section 1, chapter 11, Laws of 1863 [1963] and RCW
LAWS REPEALED 9.09.010;
li (22) Section 40, page 82, Laws of 1854, section 44,
Sections page 189, Laws of 1873, section 823, Code of 1881,sem
9A.98.010 Acts or parts of acts repealed. tion 40, page 77, Laws of 1886, section 1, chapter 87,
9A.98.020 Savings clause. Laws of 1895, section 321, chapter 249, Laws of 1909
section 1, chapter 265, Laws of 1927, section 2, chapter
9A.98.010 Acts or parts of acts repealed. The fol- 11, Laws of 1963, section 1, chapter 17, Laws of 1965
lowing acts or parts of acts are each hereby repealed: ex. sess. and RCW 9.09.020;
(1) Section 51, chapter 249, Laws of 1909 and RCW (23) Section 322, chapter 249, Laws of 1909 and
9.01.010; RCW 9.09.030;
(2) Section 11, page 78, Laws of 1854, section 11, (24) Section 323, chapter 249, Laws of 1909 and
page 106, Laws of 1859, section 11, page 200, Laws of RCW 9.09.040;
1869, section 11, page 200, Laws of 1873, section 781, (25) Section 324, chapter 249, Laws of 1909 and
Code of 1881, section 1, chapter 249, Laws of 1909 and RCW 9.09.050;
RCW 9.01.020; (26) Section 6, chapter 87, Laws of 1895, section 325,
(3) Section 125, page 98, Laws of 1854, section 124, chapter 249, Laws of 1909 and RCW 9.09.060;
page 129, Laws of 1859, section 134, page 229, Laws of (27) Section 24, page 79, Laws of 1854, section 28,
1869, section 140, page 213, Laws of 1873, section 957, page 80, Laws of 1854, sections 24 through 30, page
Code of 1881, section 8, chapter 249, Laws of 1909 and 202, Laws of 1869, sections 29 through 34, page 185,
RCW 9.01.030; Laws of 1873, sections 801 through 809, Code of 1881,
(4) Section 2, chapter 249, Laws of 1909 and RCW section 161, chapter 249, Laws of 1909 and RCW
9.01.040; 9.11.010;
(5) Section 2, chapter 249, Laws of 1909 and RCW (28) Section 24, page 79, Laws of 1854, section 28,
9.01.050; page 80, Laws of 1854, sections 24 through 30, page
(6) Section 127, page 98, Laws of 1854, section 136, 202, Laws of 1869, sections 29 through 34, page 185,
page 229, Laws of 1869, section 142, page 213, Laws of Laws of 1873, sections 801 through 809, Code of 1881,
1873, section 956, Code of 1881, section 10, chapter section 162, chapter 249, Laws of 1909 and RCW
249, Laws of 1909 and RCW 9.01.060; 9.11.020;
(7) Section 30, page 185, Laws of 1873, section 1161, (29) Section 24, page 79, Laws of 1854, section 28,
Code of 1881, section 12, chapter 249, Laws of 1909 page 80, Laws of 1854, sections 24 through 30, page
and RCW 9.01.070; 202, Laws of 1869, sections 29 through 34, page 185,
(8) Section 1, chapter 233, Laws of 1927 and RCW Laws of 1873, sections 801 through 809, Code of 1881,
9.01.080; section 163, chapter 249, Laws of 1909 and RCW
(9) Section 784, Code of 1881, section 17, chapter 9.11.030;
249, Laws of 1909 and RCW 9.01.090; (30) Section 164, chapter 249, Laws of 1909 and
(10) Section 18, chapter 249, Laws of 1909 and RCW RCW 9.11.040;
9.01.100; (31) Section 165, chapter 249, Laws of 1909 and
(11) Section 5, chapter 249, Laws of 1909 and RCW RCW 9.11.050;
9.01.111; (32) Section 122, page 226, Laws of 1869, section
(12) Section 4, chapter 249, Laws of 1909 and RCW 128, page 210, Laws of 1873, section 945, Code of 1881,
9.01.112; sections 6 and 7, chapter 149, Laws of 1895, section
(13) Section 3, chapter 249, Laws of 1909 and RCW 201, chapter 249, Laws of 1909 and RCW 9.15.010;
9.01.113; (33) Section 202, chapter 249, Laws of 1909 and
(14) Section 6, chapter 249, Laws of 1909 and RCW RCW 9.15.020;
9.01.114; (34) Sections 74 and 75
(15) Section 2, chapter 76, Laws of 1967 and RCW tion 75 , page 89, Laws of 1854, sec-
9.01.116; , page 119, Laws of 1859, section 80, page 216,
Laws of 1869, section 84, page 200, Laws of 1873, sec-
(16) Section 1, Code of 1881, section 47, chapter 249, tion 880, Code of 1881, section 68, chapter 249, Laws of
Laws of 1909 and RCW 9.01.150; 1909 and RCW 9.18.010;
(17) Section 46, chapter 249, Laws of 1909 and RCW (35) Section 74, page 89, Laws of 1854, section 74,
9.01.170; page 119, Laws of 1859, section 79, page 216; Laws of
(18) Section 48, chapter 249, Laws of 1909 and RCW 1869, section 83, page 200, Laws of 1873, section 879,
9.01.180; Code of 1881, section 69, chapter 249, Laws of 1909
(19) Section 49,chapter 249, Laws of 1909 and RCW and RCW 9.18.020;
9.01.190; (36) Section 73, page 89, Laws of 1854-55, section
(20) Section 376, chapter 249, Laws of 1909 and 73, page 118, Laws of 1859-60, section 78, page 216,
RCW 9.08.040; Laws of 1869, section 82, page 199, Laws of 1873, sec-
(21) Section 40, page 82, Laws of 1854, section 44, tion 878, Code of 1881, section 70,chapter 249, Laws of
page 189, Laws of 1873, section 823, Code of 1881, sec- 1909 and RCW 9.18.030;
tion 40, page 77, Laws of 1886, section 1, chapter 87, (37) Section 71, page 89, Laws of 1854, section 71,
Laws of 1895, section 320, chapter 249, Laws of 1909, page 118, Laws of 1859, section 77, page 216, Laws of
1'litle 9A RCW(1979 Ed.)-.p 281
Laws Repealed 9A.98.010
sec
tion 81, page 199, Laws of 1873, section 877, (62) Section 7, chapter 36, Laws of 1970 ex. sess. and
Code
of 1881, section 71, chapter 249, Laws of 1909 RCW 63) Section 8, chapter 36, Laws of 1970 ex. cess. and
and RCW 9.18.040;
(38)Section 72,chapter 249, Laws of 1909 and RCW R(6)9 26 on0
9.18-050; 295, chapter 249, Laws of 1909 and
(39) Section 84, page 200, Laws of 1873, section 880, RCW 9.27.010;
Code of 1881, section 73, chapter 249, Laws of 1909 (65) Section 282, chapter 249, Laws of 1909 and
and RCW 9.18.060; RCW 9.27.020;
(40)Section 74, chapter 249, Laws of 1909 and RCW RCW(66)
)9Se 030; 309, chapter 249, Laws of 1909 and
9.18.070; (67) Section 64, page 87Laws of 1854sections 73
(41) Section 79, page 90, Laws of 1854, section 885, , ,
Code of 1881, section 79, chapter 249, Laws of 1909 86d 74, page 197,1, Code of 1881, section 2963aws of ,chapters2499 Laws of
through
and RCW 9.18.090;
(42) Section 751 page 89, Laws of 1854, section 880, 1909 and RCW 9.27.040;
Code of 1881, section 80, chapter 249, Laws of 1909 (68) Section 65, page 87, Laws of 1854, sections 73
and RCW 9.18.100; . and 74, page 197, Laws of 1873, sections 859 through
(43)Section 81,chapter 249, Laws of 1909 and RCW 861, Code of 1881, section 297, chapter 249, Laws of
9.18.110; 1909 and RCW 9.27.050;
(44) Section 44, page 83, Laws of 1854, section 48, (69) Section 65, page 87, Laws of 1854, sections 73
page 190, Laws of 1873, section 827, Code of 1881, sec- and 74, page 197, Laws of 1873, sections 859 through
tion 1, page 14, Laws of 1888, section 326, chapter 249, 861, Code of 1881, section 298, chapter 249, Laws of
Laws of 1909 and RCW 9.19.010; 1909 and RCW 9.27.060;
(45) Section 44, page 83, Laws of 1854, section 48, (70) Sections 65 and 66, page 87, Laws of 1854, sec-
page 190, Laws of 1873, section 827, Code of 1881, sec- tions 73 and 74, page 197, Laws of 1873, sections 859
tion 1, page 14, Laws of 1888, section 327, chapter 249, through 861, Code of 1881, section 299, chapter 249,
Laws of 1909 and RCW 9.19.020; Laws of 1909 and RCW 9.27.070;
(46) Section 49, page 190, Laws of 1873, section 828, (71) Section 863, Code of 1881, section 300, chapter
Code of 1881, section 328, chapter 249, Laws of 1909 24972 a Section of190Oand RCW .27 0 Laws of 1909 and
and RCW 9.19.030; ( )
(47) Section 329, chapter 249, Laws of 1909 and RCW 9.27.090;
RCW 9.19.040; (73) Section 302, chapter 249, Laws of 1909 and
(48) Section 1, chapter 90, Laws of 1893, section 330, RCW 9.27.100;
chapter 249, Laws of 1909 and RCW 9.19.050; (74) Section 22, page 79, Laws of 1854, section 22,
(49) Section 130, chapter 249, Laws of 1909 and page 202, Laws of 1869, section 799, Code of 1881, sec-
RCW 9.22.010; tion 167,chapter 249, Laws of 1909 and RCW 9.30.010;
(50) Section 131, chapter 249, Laws of 1909 and (75) Section 23, page 79, Laws of 1854, section 23,
RCW 9.22.020; page 202, Laws of 1869, section 25, page.185, Laws of
(51). Section 132, chapter 249, Laws of 1909 and 1873, section 800, Code of 1881, section 168, chapter
RCW 9.22.030; 249, Laws of 1909 and RCW 9.30.020;
(52) Section 1, chapter 211, Laws of 1961 and RCW (76) Section 169, chapter 249, Laws of 1909 and
9.22.040; RCW 9.30.030;
(53) Section 1, page 15, Laws of 1862, section 70, (77) Section 170, chapter 249, Laws of 1909 and
page 196, Laws of 1873,.sections 856 and 857, Code of RCW 9.30.040;
1881, section 339, chapter 249, Laws of 1909 and RCW (78) Section 171, chapter 249, Laws of 1909 and
9.26.010; RCW 9.30.050;
(54) Section 340, chapter 249, Laws of 1909 and (79) Section 1, chapter 320, Laws of 1955 and RCW
RCW 9.26.020; 9.31.005;
(55) Section 7, page 15, Laws of 1862, section 70, (80) Section 90,chapter 249, Laws of 1909, section 2,
page 196, Laws of 1873, section 857, Code of 1881 and chapter 320, Laws of 1955 and RCW 9.31.010;
RCW 9.26.030; (81) Section 76, page 89, Laws of 1854, section 85,
(56) Section 1, chapter 36, Laws of 1970 ex. secs. and page 200, Laws of 1873, section 881, Code of 1881, sec-
RCW 9.26A.010; tions 1 and 2, chapter 46, Laws of 1905, section 91,
(57) Section 2,chapter 36, Laws of 1970 ex. sess. and chapter 249, Laws of 1909 and RCW 9.31.020;
RCW 9.26A.020; (82) Section 77, page 90, Laws of 1854, section 86,
(58) Section 3, chapter 36, Laws of 1970 ex. sess. and page 201, Laws of 1873, section 882, Code of 1881, sec-
RCW 9.26A.030; . ' tion 92, chapter 249, Laws of 1909 and RCW 9.31.030;
(59) Section 4, chapter 36, Laws of 1970 ex. sess. and (83) Section 77, page 90, Laws of 1854, sections 86
RCW 9.26A.040; and 87, page 201, Laws of 1873, section 882, Code of
(60) Section 5, chapter 36, Laws of 1970 ex. sess. and 1881, section 93, chapter 249, Laws of 1909 and RCW
RCW 9.26A.050; 9.31.040;
(61) Section 6, chapter 36, Laws of 1970 ex. sess. and (84) Section 94,chapter 249, Laws of 1909 and RCW
RCW 9.26A.060; 9.31.050;
[Title 9A RCW(1979 Ed.}-p 291
9A.98.010
Title 9A RCW: Washington Criminal Code
(85) Section 87, chapter 249, Laws of 1909 and RCW (113) Section 57, page 85, Laws of 1854, section 63,
9.31.060; page 194, Laws of 1873, section 854, Code of 18814
,
(86) Section 88,chapter 249, Laws of 1909 and RCW tion 331, chapter 249, Laws of 1909 and RCW 9,
.020
9.31.070; (114) Section 332, chapter 249, Laws of 1909 a
(87) Section 125, chapter 249, Laws of 1909 and RCW 9.44.030;
RCW 9.31.080; (115) Section 57, page 85, Laws of 1854, section 63,
(88) Section 1, chapter 182, Laws of 1951 and RCW
9.31.100; page 194, Laws of 1873, section 854, Code of 1881,sec-
(89) Section 822, Code of 1881, section 358, chapter tion 333, chapter 249, Laws of 1909 and RCW 9.44.0*
249, Laws of 1909 and RCW 9.33.010; P (116) Section 334, chapter 249, Laws of 1909 and
(90) Section 87, page 91, Laws of 1854, section 96, RCW 9.44.050;
x(117) Section 57, page 85, Laws of 1854, section 63
page 203, Laws of 1873, section 894, Code of 1881, sec- ,
tion 359,chapter 249, Laws of 1909 and RCW 9.33.020; page 194, Laws of 1873, section 854, Code of 1881,sec.
(91) Section 87, page 91, Laws of 1854, section 96, tion 335,chapter 249, Laws of 1909 and RCW 9.44.060;
page 203, Laws of 1873, section 894, Code of 1881, sec- (118) Section 336, chapter 249, Laws of 1909 and
tion 360,chapter 249, Laws of 1909 and RCW 9.33.040; RCW 9.44.070;
(92) Section 822, Code of 1881, section 361, chapter (119) Section 122, chapter 249, Laws of 1909 and
249, Laws of 1909 and RCW 9.33.050; RCW 9.45.010;
(93) Section 362, chapter 249, Laws of 1909 and (120) Section 219, chapter 249, Laws of 1909 and
RCW 9.33.060; RCW 9.45.030;
(94) Section 108, page 95, Laws of 1854, section 119, (121) Section 375, chapter 249, Laws of 1909 and
page 208, Laws of 1873, section 923, Code of 1881 and RCW 9.45.050;
RCW 9.33.070; (122) Section 1, page 99, Laws of 1890 and RCW
(95) Section 363, chapter 249, Laws of 1909 and 9.45.200;
RCW 9.34.010; (123) Section 138, chapter 249, Laws of 1909,section
(96) Section 364, chapter 249, Laws of 1909 and 1. chapter 49, Laws of 1970 ex. cess. and RCW
RCW 9.34.020; 9.48.010;
(97) Section 365, chapter 249, Laws of 1909 and (124) Section 139, chapter 249, Laws of 1909 and
RCW 9.37.010; RCW 9.48.020;
(98) Section 367, chapter 249, Laws of 1909 and (125) Section 12, page 78, Laws of 1854, section 12,
RCW 9.37.020; page 200, Laws of 1869, section 12, page 182, Laws of
(99) Section 421, chapter 249, Laws of 1909 and 1873. section 786, Code of 1881, section 1, chapter 69,
RCW 9.37.030; Laws of 1891, section 140, chapter 249, Laws of 1909
(100) Section 422, chapter 249, Laws of 1909 and and RCW 9.48.030;
RCW 9.37.040; (126) Section 13, page 78, Laws of 1854, sections 13
(101) Section 1, chapter 46, Laws of 1911 and RCW and 14, page 200, Laws of 1869, section 13, page 182,
9.37.050; Laws of 1873, section 790, Code of 1881, section 141,
(102) Section 1, chapter 78, Laws of 1937 and RCW chapter 249, Laws of 1909 and RCW 9.48.040;
9.37.060; (127) Section 14, page 78, Laws of 1854, section 14,
(103) Section 370, chapter 249, Laws of 1909 and Page 201, Laws of 1869, section 16, page 183, Laws of
RCW 9.38.030; 1873, section 791, Code of 1881, section 142, chapter
(104) Section 409, chapter 249, Laws of 1909 and 249, Laws of 1909 and RCW 9.48.050;
RCW 9.38.050; (128) Section 16, page 78, Laws of 1854, section 16,
(105) Section 267, chapter 249, Laws of 1909 and Page 201, Laws of 1$69, section 18, page 183, Laws of
RCW 9.40.010; 1873, section 793, Code of 1881, section 2, chapter 69,
(106) Section 268, chapter 249, Laws of 1909 and Laws of 1891, section 143, chapter 249, Laws of 1909,
RCW 9.40.020; section 2, chapter 49, Laws of 1970 ex. sess. and RCW
(107) Section 269, chapter 249, Laws of 1909 and 9.48.060;
RCW 9.40.030; (129) Sections 37 and 38, page 81, Laws of 1854,
(108) Section 847, Code of 1881, section 9, page 127, sections 37 and 38, page 209, Laws of 1863, sections 41
Laws of 1890 and RCW 9.40.050; and 42, page 188, Laws of 1873, section 820, Code of
(109) Section 2, page 300, Laws of 1877, section 1881, section 144, chapter 249, Laws of 1909 and RCW
1225, Code of 1881, section 13, chapter 69, Laws of 9.48.070;
1891 and RCW 9.40.060; (130) Sections 37 and 38 g ,
854,
(110) Section 1, page 300, Laws of 1877, section sections 37 and 38 page 81 Laws of 1s 41
, page 188, Laws of 1873, section 8
1224, Code of 1881, section 14, chapter 69, Laws of and 42 Page oon 8 sections 41
1891 and RCW 9.40.070; f Laws of 21, Code of
(111) Section 4 1881, section 145, chapter 249, Laws of 1909 and RCW
1227, Code of 1881 P sectio0O15, chapter 1 69, ( 1
1877, section
of 9.48.080;
Section 146, cha ter 249 Law
1891 and RCW 9.40.080; RCW 9.48.090; Psof 1909 and
(112) Section 338, chapter 249, Laws of 1909 and
RCW 9.44.010; (132) Section 147, chapter 249, Laws of 1909 and
RCW 9.48.100;
(Tide 9A RCW(1979 Ed.}_p 301
Laws Repealed 9A.98.010
(133) Section 18, page 78, Laws of 1854, section 18, (159) Section 1, chapter 111, Laws of 1899, section 1,
page 201, Laws of 1869, section 20, page 184, Laws of chapter 112, Laws of 1903, section 404, chapter 249,
1873, section 795, Code of 1881, section 148, chapter Laws of 1909, section 2, chapter 152, Laws of 1971 ex.
249, Laws of 1909 and RCW 9.48.110; sess. and RCW 9.61.010;
(134) Section 19, page 78, Laws of 1854, section 19, (160) Section 1, chapter 64, Laws of 1893, section 1,
page 201, Laws of 1869, section 21, page 184, Laws of chapter 41, Laws of 1897, section 405, chapter 249,
1873, section 796, Code of 1881, section 149, chapter Laws of 1909, section 3, chapter 152, Laws of 1971 ex.
249, Laws of 1909 and RCW 9.48.120; sess. and RCW 9.61.020;
(135) Section 124, page 97, Laws of 1854, section (161) Section 16, chapter 69, Laws of 1891, section
130, page 227, Laws of 1869, section 136, page 211, 406, chapter 249, Laws of 1909, section 4, chapter 152,
Laws of 1873, section 995 [955], Code of 1881, section Laws of 1971 ex. sess. and RCW 9.61.030;
150,chapter 249, Laws of 1909 and RCW 9.48.130; (162) Section 1, page 30, Laws of 1862, section 1,
(136) Section 151, chapter 249, Laws of 1909 and page 300, Laws of 1877, sections 842, 843, 847, 848,
RCW 9.48.140; 1224, Code of 1881, section 5, page 126, Laws of 1890,
(137) Section 152, chapter 249, Laws of 1909 and section 11, page 122, Laws of 1890, section 10, page f
RCW 9.48.150; 127, Laws of 1890, sections 4, 8, 11, 12, 13, 14, 16, 17,
(138) Section 153, chapter 249, Laws of 1909 and chapter 69, Laws of 1891,section 1, chapter 83, Laws of
RCW 9.48.160; 1897, section 407, chapter 249, Laws of 1909, section 5,
(139) Section 154, chapter 249, Laws of 1909 and chapter 152, Laws of 1971 ex. sess., section 1, chapter
RCW 9.48.170; 28, Laws of 1975 and RCW 9.61.040;
(140) Section 1, chapter 6, Laws of 1933 ex. sess. and (163) Section 408, chapter 249, Laws of 1909, section
RCW 9.52.010; 6, chapter 152, Laws of 1971 ex. sess. and RCW
(141) Section 3, chapter 6, Laws of 1933 ex. sess. and 9.61.050;
RCW 9.52.020; (164) Section 414, chapter 249, Laws of 1909 and
(142) Section 159, chapter 249, Laws of 1909 and RCW 9.61.060;
RCW 9.52.030; (165) Section 415, chapter 249, Laws of 1909, section
(143) Section 36, page 84, Laws of 1854; section 38, 1, chapter 152, Laws of 1971 ex. sess. and RCW
page 205, Laws of 1869, section 40, page 187, Laws of 9.61.070;
1873, section 819, Code of 1881, section 160, chapter (166) Section 2, page 71, Laws of 1883, section 17,
249, Laws of 1909 and RCW 9.52.040; chapter 69, Laws of 1891 and RCW 9.61.080;
(144) Section 45, page 83, Laws of 1854, section 50, (167) Section 1, chapter 114, Laws of 1899, section 7,
page 190, Laws of 1873, section 830, Code of 1881, sec- chapter 152, Laws of 1971 ex. sess. and RCW 9.61.090;
tion 349, chapter 249, Laws of 1909, section 3, chapter (168) Section 2,chapter 114, Laws of 1899 and RCW
165, Laws of 1915 and RCW 9.54.010; 9.61.100;
(145) Section 1, chapter 155, Laws of 1915, section 1, (169) Section 3, chapter 114, Laws of 1899 and RCW
chapter 64, Laws of 1919 and RCW 9.54.020; 9.61.110;
(146) Section 1, chapter 60, Laws of 1917, section 1, (170) Section 1, chapter 133, Laws of 1963 and RCW
chapter 124, Laws of 1974 ex. sess. and RCW 9.54.030; 9.61.220;
(147) Section 2, chapter 60, Laws of 1917 and RCW (171) Section 26, page 79, Laws of 1854, section 26,
9.54.040; page 202, Laws of 1869, section 28, page 185, Laws of
(148) Section 1,chapter 156, Laws of 1915 and RCW 1873, section 103, Code of 1881, section 155, chapter
9.54.050; 249, Laws of 1909 and RCW 9.65.010;
(149) Section 350, chapter 249, Laws of 1909 and (172) Section 156, chapter 249, Laws of 1909 and
RCW 9.54.060; RCW 9.65.020;
(150) Section 351, chapter 249, Laws of 1909 and
RCW 9.54.070; (173) Section 157, chapter 249, Laws of 1909 and
(151) Section 352, chapter 249, Laws of 1909 and RCW 9.65.030;
RCW 9.54.080; (174) Section 303, chapter 249, Laws of 1909 and
(152) Section 353, chapter 249, Laws of 1909, section RCW 9.69.010;
1, chapter 97, Laws of 1955 and RCW 9.54.090; (175) Section 78, page 90, Laws of 1854, section 87,
(153) Section 354, chapter 249, Laws of 1909 and page 201, Laws of 1873, section 883, Code of 1881, sec-
RCW 9.54.100; tion 112, chapter 249, Laws of 1909 and RCW 9.69.020;
(154) Section 355, chapter 249, Laws of 1909 and (176) Section 79, page 90, Laws of 1854, section 88,
RCW.9.54.110; page 201, Laws of 1873, section 886, Code of 1881, sec-
(155) Section 1, chapter 63, Laws of 1961 and RCW tion 113,chapter 249, Laws of 1909 and RCW 9.69.030;
9.54.115; (177) Section 79, page 90, Laws of 1854, section 88,
(156) Section 356, chapter 249, Laws of 1909 and page 201, Laws of 1873, section 885, Code of 1881, sec-
RCW 9.54.120; tion 114, chapter 249, Laws of 1909 and RCW 9.69.040;
(157) Section 1, chapter 32, Laws of 1965 and RCW (178) Section 116, chapter 249, Laws of 1909 and
9.54.140; RCW 9.69.050;
(158) Section 85, chapter 249, Laws of 1909 and (179) Section 420, chapter 249, Laws of 1909 and
RCW 9.55.010; RCW 9.69.060;
[Title 9A RCW(1979 Ed.}-p 311
9A.98.010 Title 9A RCW: Washington Criminal Code
(180) Section 110, chapter 249, Laws of 1909 and
RCW 9.69.070; (205) Section 188, chapter 249, Laws of 19091, chapter ,sen
(181) Section 1, chapter 17, Laws of 1901, section Laws of 197361st exs sesof s. and RC9279 W 9 797' chapter ISS{,
111, chapter 249, Laws of 19099 section 1, chapter 56, •060;
Laws h Iter 4 sess. and RCW 9.69.080; (206) Section 816, Code of 1881, section 1
(182) Section 11 33, Laws of 190 chapter
5, chapter 249, Laws of 1909 and" 5, section 189, chapter 249, Laws of
RCW 9.69.090; 1909, section 128, chapter 1549 Laws of 1973 1st ex
(183) Section 69, page 88, Laws of 1854, section 69, sess. and RCW 9.79.070;
page 118, Laws of 1859, section 79, page 199, Laws of (207) Section 190, chapter 249, Laws of 1909,section
1873, section 867, Code of 1881, section 99, chapter 2> chapter 74, Laws of 1937, section 1, chapter 127,
249, Laws of 1909, section 1, chapter 46, Laws of 1957 Laws of 1955, section 129, chapter 154, Laws of 197;
and RCW 9.72.010; 1st ex. sess. and RCW 9.79.080;
(184) Section 870, Code of 1881, section 100, chapter (208) Section 121, page 225, Laws of 1869, section
249, Laws of 1909 and RCW 9.72.020; 127, Page 209, Laws of 1873, sections 1 and 2, chapter
(185) Section 1019 chapter 249, Laws of 1909 and 149, Laws of 1895, section 203, chapter 2499 Laws of
RCW 9.72.03.0; 19099 section 1, chapter 111, Laws of 1943 and RCW
(186) Section 868, Code of 1881, section 102, chapter 9.79.090;
249, Laws of 1909 and RCW 9.72.040; (209) Section 2, chapter 139, Laws of 1893, section
(187) Section 869, Code of 18819 section 1039 chapter 204, chapter 249, Laws of 1909, section 3, chapter 74,
249, Laws of 1909 and RCW 9.72.050; Laws of 1937 and RCW 9.79.100;
(188) Section 9 a Code of 1881, section 104, chapter (210) Section 120 g
24( Laws Section
1907 section 2, chapter ti Laws of 1957 page , se Laws of 1869, section
126, page 209, Laws of 1873, sections 943, 944, Code of
and RCW 9.72.060; 1881, sections 3, 4, chapter 149, Laws of 1895, section
(189) Section 873, Code of 1881, section 105, chapter 205, chapter 249, Laws of 1909, section I, chapter 98,
249, Laws of 1909 and RCW 9.72.070; Laws of 1917 and RCW 9.79.110;
(190) Section 106, chapter 249, Laws of 1909 and (211) Section 117, page 95, Laws of 1854, section
RCW 9.72.080; 120, page 225, Laws of 1869, section 126, page 209,
(191) Section 81, page 199, Laws of 1873, section Laws of 1873, section 948, Code of 1881, section 206,
876, Code of 1881, section 108, chapter 249, Laws of chapter 249, Laws of 1909 and RCW 9.79.120;
1909 and RCW 9.72.100; (212) Section 2, chapter 65, Laws of 1961 and RCW
(192) Section 71, page 89, Laws of 1854, section 77, 9.79.130;
page 216, Laws of 1869, section 81, page 199, Laws of (213) Section 133, chapter 249, Laws of 1909 and
1873, section 877, Code of 1881, section 109, chapter RCW 9.80.010;
249, Laws of 1909 and RCW 9.72.110; (214) Section 134, chapter 249, Laws of 1909 and
(193) Sections 3 and 4, page 81, Laws of 1854, sec- RCW 9.80.020;
tion 36, page 204, Laws of 1869, section 38, page 187, (215) Section 17, page 78, Laws of 1854, section 17,
Laws of 1873, section 829, Code of 1881, section 166, Page 201, Laws of 1869, section 19
Laws of
chapter 249, Laws of 1909 and RCW 9.75.010; 1873, section 794, Code of 1881, sect on 13age 5, chapter
(194) Section 399, chapter 249, Laws of 1909 and 249, Laws of 1909 and RCW 9.80.030;
RCW 9.75.020; (216) Section 136, chapter 249, Laws of 1909 and
(195) Section 6, page 126, Laws of 1890 and RCW RCW 9.80.040;
9.75.030; (217) Section 137, chapter 249, Laws of 1909 and
(196) Section 2449 chapter 249, Laws of 1909 and RCW 9.80.050;
RCW 9.76.020;
(197) Section 245, chapter 249, Laws of 1909 (218) Section 412, chapter 249, Laws of 1909 and
and
RCW 9.76.030; RCW 9.83.010
(198) Section 246, chapter 249 Laws of 1909 and (219) Section 1, chapter 128, Laws of 1913 and RCW
RCW 9.76.040; P 9.83.020•
(220) Section 2, chapter 128, Laws of 1913 and RCW
(199) Section 865, Code of 1881, 9.83.030•
section 247, chapter
249, Laws of 1909 and RCW 9.76.050;
(200) Section 1, chapter 229, Laws of 1959, section 1, 9.83.040Section 3, chapter 128, Laws of 1913 and RCW
chapter 76, Laws of 1967 and RCW 9.78.010; (222) Section 4, chapter 128, Laws of 1913 and RCW
(201) Section 2, chapter 229, Laws of 1959 and RCW 9.83.050;
9.78.020;
(202) Section 4,chapter 229, Laws of
(223) Section 1, page 124, Laws of 18909 section 413,
9.78.040; 1959 and RCW chapter 249, Laws of 1909, section 1, chapter 139, Laws
(203) Section 813, Code of 1881, section 186, chapter of 1913 and RCW 9.83.060;
(224) Section 6 , page Laws of 869
249, Laws of 1909, section 125, chapter 154, Laws of page 195, Laws of41873 and RCW 9.83.1070;,
section 67,
1973 1st ex. sess. and RCW 9.79.040;
(204) Section 815, Code of 1881, section 1879 chapter 9.83.080;Section 1, chapter 79 Laws of 1969 and RCW
249, Laws of 1909, section 126, chapter 154, Laws of
1973 1st ex. sess. and RCW 9.79.050; (226) Section 1, page 85, Laws of 1875, section 1271,
(Title 9A RCW(1979 Ed.)-p 321 Code of 1881, section 436, chapter 249, Laws of 1909,
Laws Repealed 9A.98.020
section 1, chapter 11 [112], Laws of 1965, section 29,
chapter 122, Laws of 1972 ex. sess. and RCW 9.87.010;
(227) Section 1, chapter 62, Laws of 1915 and RCW
9.87.020;
(228)Section 3, page 90, Laws of 1875, section 1273,
Code of 1881 and RCW 9.87.030;
(229) Section 932, Code of 1881 and RCW 9.91.040;
(230) Section 382, chapter 249, Laws of 1909 and
RCW 9.91.070;
(231) Section 383, chapter 249, Laws of 1909 and
RCW 9.91.080;
(232) Section 4 [6], chapter 241, Laws of 1955 and
RCW 9.94.060;
(233) Section 3, chapter 28, Laws of 1891 and RCW
10.01.010;and
(234) Section 10, page 77, Laws of 1854, section 779,
Code 1881, section 2, chapter 28, Laws of 1891, section
1,chapter 12, Laws of 1937 and RCW 10.01.020. [1975
1st ex.s. c 260 § 9A.92.010.]
9A.98.020 Savings clause. The laws repealed by
RCW 9A.98.010 are repealed except with respect to
rights and duties which matured, penalties which were
incurred, and proceedings which were begun before July
1, 1976. [1975 1st ex.s. c 260 § 9A.92.020.]
[Title 9A RCW(1979 Ed.}-p 33]