reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 9 - Crimes and Punishments › Chapter 9.101 - Criminal Street Gang Definitions—State Preemption. › 9.101.010 - Criminal street gang definitions—State preemption.

RCW 9.101.010
Criminal street gang definitions—State preemption.
(1) The state of Washington hereby fully occupies and preempts the entire field of definitions used for purposes of substantive criminal law relating to criminal street gangs, criminal street gang-related offenses, criminal street gang associates and members, and pattern of criminal street gang activity. These definitions of "criminal street gang," "criminal street gang associate or member," "criminal street gang-related offense," and "pattern of criminal street gang activity" contained in RCW 9.94A.030 expressly preempt any conflicting city or county codes or ordinances. Cities, towns, counties, or other municipalities may enact laws and ordinances relating to criminal street gangs that contain definitions that are consistent with definitions pursuant to RCW 9.94A.030. Local laws and ordinances that are inconsistent with the definitions shall not be enacted and are preempted and repealed, regardless of the nature of the code, charter, or home rule status of such city, town, county, or municipality.
(2) The preemption provided in this chapter does not apply to "gang" as defined in RCW 28A.600.455 under the common school provisions act or "gang" as defined in RCW 59.18.030 under the landlord-tenant act.
(3) The preemption provided for in this chapter does not restrict the adoption or use of a uniform state definition of "gang," "gang member," or "gang associate," for purposes of the creation and maintenance of the statewide gang database for law enforcement intelligence purposes under RCW 43.43.762.
[ 2008 c 276 § 401.]
NOTES:
Severability—Part headings, subheadings not law—2008 c 276: See notes following RCW 36.28A.200.
2023 Revised Code of Washington › Title 9A - Washington Criminal Code › RCW Dispositions › 9A.16 DEFENSES

Sections
9A.16.045 Justifiable homicide or use of deadly force by peace officer-Reimbursement of defendant for costs-Special verdict.
[2018 c 10 § 7.]
Repealed by 2019 c 4 § 8. Later enactment, see RCW 9A.16.046.
2023 Revised Code of Washington › Title 9A - Washington Criminal Code › RCW Dispositions › 9A.32 HOMICIDE

Sections
9A.32.045 Murder in the first degree — Aggravating circumstances — Mitigating circumstances.
[1977 ex.s. c 206 § 4; 1975-'76 2nd ex.s. c 9 § 1 (Initiative Measure No. 316 § 1).]
Repealed by 1981 c 138 § 24.
9A.32.046 Murder in the first degree — Conditions under which death penalty mandatory.
[1977 ex.s. c 206 § 5; 1975-'76 2nd ex.s. c 9 § 2 (Initiative Measure No. 316 § 2).]
Repealed by 1981 c 138 § 24.
9A.32.047 Murder in the first degree — Life imprisonment, when.
[1981 c 136 § 56; 1977 ex.s. c 206 § 6; 1975-'76 2nd ex.s. c 9 § 3 (Initiative Measure No. 316 § 3).]
Repealed by 1981 c 138 § 24; and repealed by 1982 c 10 § 18.
9A.32.900 Severability — RCW 9A.32.045 through 9A.32.047.
[1975-'76 2nd ex.s. c 9 § 4 (Initiative Measure No. 316, approved November 4, 1975).]
Repealed by 1983 c 3 § 11.
9A.32.901 Section captions — RCW 9A.32.045 through 9A.32.047.
[1975-'76 2nd ex.s. c 9 § 5 (Initiative Measure No. 316, approved November 4, 1975).]
Repealed by 1983 c 3 § 11.
2023 Revised Code of Washington › Title 9A - Washington Criminal Code › RCW Dispositions › 9A.36 ASSAULT — PHYSICAL HARM

Notes:
Savings--1986 c 257 § 9:
"The enactment of section 9 of this act does not have the effect of terminating or in any way modifying any criminal liability in existence prior to the *effective date of this act, nor affecting any proceeding instituted under the sections repealed." [1986 c 257 § 10.]
9A.36.010 Assault in the first degree.
[1975 1st ex.s. c 260 § 9A.36.010.]
Repealed by 1986 c 257 § 9, effective July 1, 1988. Later enactment, see RCW 9A.36.011.
9A.36.020 Assault in the second degree.
[1979 ex.s. c 244 § 9; 1975-'76 2nd ex.s. c 38 § 5; 1975 1st ex.s. c 260 § 9A.36.020.]
Repealed by 1986 c 257 § 9, effective July 1, 1988. Later enactment, see RCW 9A.36.021.
9A.36.030 Assault in the third degree.
[1982 c 140 § 1; 1979 ex.s. c 244 § 10; 1975 1st ex.s. c 260 § 9A.36.030.]
Repealed by 1986 c 257 § 9, effective July 1, 1988. Later enactment, see RCW 9A.36.031.
Notes:
Reviser's note:
This section was also amended by 1986 c 188 § 1 without cognizance of the repeal thereof.
9A.36.040 Simple assault.
[1985 c 303 § 8; 1984 c 263 § 18; 1975 1st ex.s. c 260 § 9A.36.040.]
Repealed by 1986 c 257 § 9, effective July 1, 1988. Later enactment, see RCW 9A.36.041.
9A.36.110 Toxic endangerment.
[1987 3rd ex.s. c 2 § 34.]
Repealed by 1989 c 2 § 24, effective March 1, 1989.
9A.36.111 Toxic endangerment.
[1988 c 112 § 34.]
Failed to become law. See Reviser's note following chapter 70.105C RCW in Table of Disposition of Former RCW Sections, this volume.
2023 Revised Code of Washington › Title 9A - Washington Criminal Code › RCW Dispositions › 9A.40 KIDNAPPING, UNLAWFUL IMPRISONMENT, AND CUSTODIAL INTERFERENCE

Sections
9A.40.050 Custodial interference.
[1975 1st ex.s. c 260 § 9A.40.050.]
Repealed by 1984 c 95 § 7.
2023 Revised Code of Washington › Title 9A - Washington Criminal Code › RCW Dispositions › 9A.44 SEX OFFENSES

Sections
9A.44.070 Statutory rape in the first degree.
[1986 c 257 § 31; 1979 ex.s. c 244 § 4; 1975 1st ex.s. c 14 § 7. Formerly RCW 9.79.200.]
Repealed by 1988 c 145 § 24, effective July 1, 1988.
9A.44.080 Statutory rape in the second degree.
[1979 ex.s. c 244 § 5; 1975 1st ex.s. c 14 § 8. Formerly RCW 9.79.210.]
Repealed by 1988 c 145 § 24, effective July 1, 1988.
9A.44.090 Statutory rape in the third degree.
[1979 ex.s. c 244 § 6; 1975 1st ex.s. c 14 § 9. Formerly RCW 9.79.220.]
Repealed by 1988 c 145 § 24, effective July 1, 1988.
9A.44.110 Communication with a minor for immoral purposes.
[1975 1st ex.s. c 260 § 9A.88.020. Formerly RCW 9A.88.020.]
Repealed by 1984 c 262 § 13.
2023 Revised Code of Washington › Title 9A - Washington Criminal Code › RCW Dispositions › 9A.52 BURGLARY AND TRESPASS

Sections
9A.52.110 Computer trespass in the first degree.
[1984 c 273 § 1.]
Repealed by 2016 c 164 § 14.
9A.52.120 Computer trespass in the second degree.
[1984 c 273 § 2.]
Repealed by 2016 c 164 § 14.
9A.52.130 Computer trespass-Commission of other crime.
[1984 c 273 § 3.]
Repealed by 2016 c 164 § 14.
2023 Revised Code of Washington › Title 9A - Washington Criminal Code › RCW Dispositions › 9A.56 THEFT AND ROBBERY

Sections
9A.56.090 Presumption on failure to return vehicle, machinery, or equipment pursuant to rental or lease agreement.
[1975 1st ex.s. c 260 § 9A.56.090.]
Repealed by 1977 ex.s. c 236 § 2.
9A.56.095 Criminal possession of leased or rented machinery, equipment, or motor vehicle.
[1977 ex.s. c 236 § 1.]
Repealed by 1997 c 346 § 4. Later enactment, see RCW 9A.56.096.
2023 Revised Code of Washington › Title 9A - Washington Criminal Code › RCW Dispositions › 9A.72 PERJURY AND INTERFERENCE WITH OFFICIAL PROCEEDINGS

Sections
9A.72.085 Unsworn statements, certification-Standards for subscribing to an unsworn statement.
[2019 c 132 § 2; 2014 c 93 § 4; 1981 c 187 § 3.]
Repealed by 2019 c 232 § 6, effective July 1, 2021.
2023 Revised Code of Washington › Title 9A - Washington Criminal Code › RCW Dispositions › 9A.82 CRIMINAL PROFITEERING ACT

Sections
9A.82.900 Severability-1984 c 270.
[2001 c 222 § 22. Prior: 1984 c 270 § 20.]
Decodified by the code reviser, July 2016.
9A.82.903 Repealed acts — Effective July 1, 1995.
[1985 c 455 § 22.]
Repealed by 1995 c 285 § 37, effective July 1, 1995.
9A.82.904 Severability-1985 c 455.
[1985 c 455 § 23.]
Decodified by the code reviser, July 2016.
2023 Revised Code of Washington › Title 9A - Washington Criminal Code › RCW Dispositions › 9A.88 INDECENT EXPOSURE — PROSTITUTION

Sections
9A.88.020 Communication with a minor for immoral purposes.
[1975 1st ex.s. c 260 § 9A.88.020.]
Recodified as RCW 9A.44.110 pursuant to 1979 ex.s. c 244 § 17. See RCW 9A.44.900.
9A.88.100 Indecent liberties.
[1975 1st ex.s. c 260 § 9A.88.100.]
Recodified as RCW 9A.44.100 pursuant to 1979 ex.s. c 244 § 17. See RCW 9A.44.900.
2023 Revised Code of Washington › Title 9A - Washington Criminal Code › Chapter 9A.04 - Preliminary Article. › 9A.04.010 - Title, effective date, application, severability, captions.

RCW 9A.04.010
Title, effective date, application, severability, captions.
(1) This title shall be known and may be cited as the Washington Criminal Code and shall become effective on July 1, 1976.
(2) The provisions of this title shall apply to any offense committed on or after July 1, 1976, which is defined in this title or the general statutes, unless otherwise expressly provided or unless the context otherwise requires, and shall also apply to any defense to prosecution for such an offense.
(3) The provisions of this title do not apply to or govern the construction of and punishment for any offense committed prior to July 1, 1976, or to the construction and application of any defense to a prosecution for such an offense. Such an offense must be construed and punished according to the provisions of law existing at the time of the commission thereof in the same manner as if this title had not been enacted.
(4) If any provision of this title, or its application to any person or circumstance is held invalid, the remainder of the title, or the application of the provision to other persons or circumstances is not affected, and to this end the provisions of this title are declared to be severable.
(5) Chapter, section, and subsection captions are for organizational purposes only and shall not be construed as part of this title.
[ 1975 1st ex.s. c 260 § 9A.04.010.]
NOTES:
Legislative direction for codification—1975 1st ex.s. c 260: "The 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 260 § 9A.92.900.]
2023 Revised Code of Washington › Title 9A - Washington Criminal Code › Chapter 9A.04 - Preliminary Article. › 9A.04.020 - Purposes—Principles of construction.

RCW 9A.04.020
Purposes—Principles of construction.
(1) The general purposes of the provisions governing the definition of offenses are:
(a) To forbid and prevent conduct that inflicts or threatens substantial harm to individual or public interests;
(b) To safeguard conduct that is without culpability from condemnation as criminal;
(c) To give fair warning of the nature of the conduct declared to constitute an offense;
(d) To differentiate on reasonable grounds between serious and minor offenses, and to prescribe proportionate penalties for each.
(2) The provisions of this title shall be construed according to the fair import of their terms but when the language is susceptible of differing constructions it shall be interpreted to further the general purposes stated in this title.
[ 1975 1st ex.s. c 260 § 9A.04.020.]
2023 Revised Code of Washington › Title 9A - Washington Criminal Code › Chapter 9A.04 - Preliminary Article. › 9A.04.030 - State criminal jurisdiction.

RCW 9A.04.030
State criminal jurisdiction.
The following persons are liable to punishment:
(1) A person who commits in the state any crime, in whole or in part.
(2) A person who commits out of the state any act which, if committed within it, would be theft and is afterward found in the state with any of the stolen property.
(3) A person who being out of the state, counsels, causes, procures, aids, or abets another to commit a crime in this state.
(4) A person who, being out of the state, abducts or kidnaps by force or fraud, any person, contrary to the laws of the place where the act is committed, and brings, sends, or conveys such person into this state.
(5) A person who commits an act without the state which affects persons or property within the state, which, if committed within the state, would be a crime.
(6) A person who, being out of the state, makes a statement, declaration, verification, or certificate under chapter 5.50 RCW which, if made within the state, would be perjury.
(7) A person who commits an act onboard a conveyance within the state of Washington, including the airspace over the state of Washington, that subsequently lands, docks, or stops within the state which, if committed within the state, would be a crime.
[ 2019 c 232 § 9; 1999 c 349 § 1; 1981 c 187 § 2; 1975 1st ex.s. c 260 § 9A.04.030.]
2023 Revised Code of Washington › Title 9A - Washington Criminal Code › Chapter 9A.04 - Preliminary Article. › 9A.04.040 - Classes of crimes.

RCW 9A.04.040
Classes of crimes.
(1) An offense defined by this title or by any other statute of this state, for which a sentence of imprisonment is authorized, constitutes a crime. Crimes are classified as felonies, gross misdemeanors, or misdemeanors.
(2) A crime is a felony if it is so designated in this title or by any other statute of this state or if persons convicted thereof may be sentenced to imprisonment for a term in excess of one year. A crime is a misdemeanor if it is so designated in this title or by any other statute of this state or if persons convicted thereof may be sentenced to imprisonment for no more than ninety days. Every other crime is a gross misdemeanor.
[ 1975 1st ex.s. c 260 § 9A.04.040.]
2023 Revised Code of Washington › Title 9A - Washington Criminal Code › Chapter 9A.04 - Preliminary Article. › 9A.04.050 - People capable of committing crimes—Capability of children.

RCW 9A.04.050
People capable of committing crimes—Capability of children.
Children under the age of eight years are incapable of committing crime. Children of eight and under twelve years of age are presumed to be incapable of committing crime, but this presumption may be removed by proof that they have sufficient capacity to understand the act or neglect, and to know that it was wrong. Whenever in legal proceedings it becomes necessary to determine the age of a child, he or she may be produced for inspection, to enable the court or jury to determine the age thereby; and the court may also direct his or her examination by one or more physicians, whose opinion shall be competent evidence upon the question of his or her age.
[ 2011 c 336 § 347; 1975 1st ex.s. c 260 § 9A.04.050.]
2023 Revised Code of Washington › Title 9A - Washington Criminal Code › Chapter 9A.04 - Preliminary Article. › 9A.04.060 - Common law to supplement statute.

RCW 9A.04.060
Common law to supplement statute.
The provisions of the common law relating to the commission of crime and the punishment thereof, insofar as not inconsistent with the Constitution and statutes of this state, shall supplement all penal statutes of this state and all persons offending against the same shall be tried in the courts of this state having jurisdiction of the offense.
[ 1975 1st ex.s. c 260 § 9A.04.060.]
2023 Revised Code of Washington › Title 9A - Washington Criminal Code › Chapter 9A.04 - Preliminary Article. › 9A.04.070 - Who amenable to criminal statutes.

RCW 9A.04.070
Who amenable to criminal statutes.
Every person, regardless of whether or not he or she is an inhabitant of this state, may be tried and punished under the laws of this state for an offense committed by him or her therein, except when such offense is cognizable exclusively in the courts of the United States.
[ 2011 c 336 § 348; 1975 1st ex.s. c 260 § 9A.04.070.]
2023 Revised Code of Washington › Title 9A - Washington Criminal Code › Chapter 9A.04 - Preliminary Article. › 9A.04.090 - Application of general provisions of the code.

RCW 9A.04.090
Application of general provisions of the code.
The provisions of chapters 9A.04 through 9A.28 RCW of this title are applicable to offenses defined by this title or another statute, unless this title or such other statute specifically provides otherwise.
[ 1975 1st ex.s. c 260 § 9A.04.090.]
2023 Revised Code of Washington › Title 9A - Washington Criminal Code › Chapter 9A.04 - Preliminary Article. › 9A.04.100 - Proof beyond a reasonable doubt.

RCW 9A.04.100
Proof beyond a reasonable doubt.
(1) Every person charged with the commission of a crime is presumed innocent unless proved guilty. No person may be convicted of a crime unless each element of such crime is proved by competent evidence beyond a reasonable doubt.
(2) When a crime has been proven against a person, and there exists a reasonable doubt as to which of two or more degrees he or she is guilty, he or she shall be convicted only of the lowest degree.
[ 2011 c 336 § 349; 1975 1st ex.s. c 260 § 9A.04.100.]
2023 Revised Code of Washington › Title 9A - Washington Criminal Code › Chapter 9A.08 - Principles of Liability. › 9A.08.010 - General requirements of culpability.

RCW 9A.08.010
General requirements of culpability.
(1) Kinds of Culpability Defined.
(a) INTENT. A person acts with intent or intentionally when he or she acts with the objective or purpose to accomplish a result which constitutes a crime.
(b) KNOWLEDGE. A person knows or acts knowingly or with knowledge when:
(i) He or she is aware of a fact, facts, or circumstances or result described by a statute defining an offense; or
(ii) He or she has information which would lead a reasonable person in the same situation to believe that facts exist which facts are described by a statute defining an offense.
(c) RECKLESSNESS. A person is reckless or acts recklessly when he or she knows of and disregards a substantial risk that a wrongful act may occur and his or her disregard of such substantial risk is a gross deviation from conduct that a reasonable person would exercise in the same situation.
(d) CRIMINAL NEGLIGENCE. A person is criminally negligent or acts with criminal negligence when he or she fails to be aware of a substantial risk that a wrongful act may occur and his or her failure to be aware of such substantial risk constitutes a gross deviation from the standard of care that a reasonable person would exercise in the same situation.
(2) Substitutes for Criminal Negligence, Recklessness, and Knowledge. When a statute provides that criminal negligence suffices to establish an element of an offense, such element also is established if a person acts intentionally, knowingly, or recklessly. When recklessness suffices to establish an element, such element also is established if a person acts intentionally or knowingly. When acting knowingly suffices to establish an element, such element also is established if a person acts intentionally.
(3) Culpability as Determinant of Grade of Offense. When the grade or degree of an offense depends on whether the offense is committed intentionally, knowingly, recklessly, or with criminal negligence, its grade or degree shall be the lowest for which the determinative kind of culpability is established with respect to any material element of the offense.
(4) Requirement of Wilfulness Satisfied by Acting Knowingly. A requirement that an offense be committed wilfully is satisfied if a person acts knowingly with respect to the material elements of the offense, unless a purpose to impose further requirements plainly appears.
[ 2009 c 549 § 1002; 1975 1st ex.s. c 260 § 9A.08.010.]
2023 Revised Code of Washington › Title 9A - Washington Criminal Code › Chapter 9A.08 - Principles of Liability. › 9A.08.020 - Liability for conduct of another—Complicity.

RCW 9A.08.020
Liability for conduct of another—Complicity.
(1) A person is guilty of a crime if it is committed by the conduct of another person for which he or she is legally accountable.
(2) A person is legally accountable for the conduct of another person when:
(a) Acting with the kind of culpability that is sufficient for the commission of the crime, he or she causes an innocent or irresponsible person to engage in such conduct; or
(b) He or she is made accountable for the conduct of such other person by this title or by the law defining the crime; or
(c) He or she is an accomplice of such other person in the commission of the crime.
(3) A person is an accomplice of another person in the commission of a crime if:
(a) With knowledge that it will promote or facilitate the commission of the crime, he or she:
(i) Solicits, commands, encourages, or requests such other person to commit it; or
(ii) Aids or agrees to aid such other person in planning or committing it; or
(b) His or her conduct is expressly declared by law to establish his or her complicity.
(4) A person who is legally incapable of committing a particular crime himself or herself may be guilty thereof if it is committed by the conduct of another person for which he or she is legally accountable, unless such liability is inconsistent with the purpose of the provision establishing his or her incapacity.
(5) Unless otherwise provided by this title or by the law defining the crime, a person is not an accomplice in a crime committed by another person if:
(a) He or she is a victim of that crime; or
(b) He or she terminates his or her complicity prior to the commission of the crime, and either gives timely warning to the law enforcement authorities or otherwise makes a good faith effort to prevent the commission of the crime.
(6) A person legally accountable for the conduct of another person may be convicted on proof of the commission of the crime and of his or her complicity therein, though the person claimed to have committed the crime has not been prosecuted or convicted or has been convicted of a different crime or degree of crime or has an immunity to prosecution or conviction or has been acquitted.
[ 2011 c 336 § 351; 1975-'76 2nd ex.s. c 38 § 1; 1975 1st ex.s. c 260 § 9A.08.020.]
NOTES:
Effective date—1975-'76 2nd ex.s. c 38: "This 1976 amendatory act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect on July 1, 1976." [1975-'76 2nd ex.s. c 38 § 21.]
Severability—1975-'76 2nd ex.s. c 38: "If any provision of this 1976 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [1975-'76 2nd ex.s. c 38 § 20.]
2023 Revised Code of Washington › Title 9A - Washington Criminal Code › Chapter 9A.08 - Principles of Liability. › 9A.08.030 - Entity and personal liability.

RCW 9A.08.030
Entity and personal liability.
(1) As used in this section:
(a) "Agent" means any director, officer, or employee of an entity, or any other person who is authorized to act on behalf of the entity;
(b) "Entity" includes any domestic entity formed under or governed as to its internal affairs by Title 23, 23B, 24, or 25 RCW or any foreign business entity formed under or governed as to its internal affairs by the laws of a jurisdiction other than this state;
(c) "Governor" has the same meaning as provided in RCW 23.95.105.
(d) "High managerial agent" means a governor or person in a position of comparable authority in an entity not governed by chapter 23.95 RCW, and any other agent who manages subordinate employees.
(2) An entity is guilty of an offense when:
(a) The conduct constituting the offense consists of an omission to discharge a specific duty of performance imposed on entities by law; or
(b) The conduct constituting the offense is engaged in, authorized, solicited, requested, commanded, or tolerated by a high managerial agent acting within the scope of his or her duties and on behalf of the entity; or
(c) The conduct constituting the offense is engaged in by an agent of the entity, other than a high managerial agent, while acting within the scope of his or her duties and on behalf of the entity and (i) the offense is a gross misdemeanor or misdemeanor, or (ii) the offense is one defined by a statute which clearly indicates a legislative intent to impose such criminal liability on an entity.
(3) A person is criminally liable for conduct constituting an offense which he or she performs or causes to be performed in the name of or on behalf of an entity to the same extent as if such conduct were performed in his or her own name or behalf.
(4) Whenever a duty to act is imposed by law upon an entity, any agent of the entity who knows he or she has or shares primary responsibility for the discharge of the duty is criminally liable for a reckless omission or, if a high managerial agent, criminally negligent omission to perform the required act to the same extent as if the duty were by law imposed directly upon such agent.
(5) Every entity, whether foreign or domestic, which shall violate any provision of RCW 9A.28.040, shall forfeit every right and franchise to do business in this state. The attorney general shall begin and conduct all actions and proceedings necessary to enforce the provisions of this subsection.
[ 2019 c 211 § 2; 2011 c 336 § 352; 1975 1st ex.s. c 260 § 9A.08.030.]
NOTES:
Short title—2019 c 211: See note following RCW 10.01.090.
2023 Revised Code of Washington › Title 9A - Washington Criminal Code › Chapter 9A.08 - Principles of Liability. › 9A.08.040 - Diminished capacity—Victim identity.

RCW 9A.08.040
Diminished capacity—Victim identity.
A defendant does not suffer from diminished capacity based on the discovery of, knowledge about, or potential disclosure of the victim's actual or perceived gender, gender identity, gender expression, or sexual orientation, including under circumstances in which the victim made an unwanted nonforcible romantic or sexual advance towards the defendant, or in which the defendant and victim dated or had a romantic or sexual relationship.
[ 2020 c 3 § 1.]
NOTES:
Short title—2020 c 3: "This act may be known and cited as the Nikki Kuhnhausen act." [ 2020 c 3 § 3.]
2023 Revised Code of Washington › Title 9A - Washington Criminal Code › Chapter 9A.12 - Insanity. › 9A.12.010 - Insanity.

RCW 9A.12.010
Insanity.
To establish the defense of insanity, it must be shown that:
(1) At the time of the commission of the offense, as a result of mental disease or defect, the mind of the actor was affected to such an extent that:
(a) He or she was unable to perceive the nature and quality of the act with which he or she is charged; or
(b) He or she was unable to tell right from wrong with reference to the particular act charged.
(2) The defense of insanity must be established by a preponderance of the evidence.
[ 2011 c 336 § 353; 1975 1st ex.s. c 260 § 9A.12.010.]
2023 Revised Code of Washington › Title 9A - Washington Criminal Code › Chapter 9A.16 - Defenses. › 9A.16.010 - Definitions.

RCW 9A.16.010
Definitions.
In this chapter, unless a different meaning is plainly required:
(1) "Necessary" means that no reasonably effective alternative to the use of force appeared to exist and that the amount of force used was reasonable to effect the lawful purpose intended.
(2) "Deadly force" means the intentional application of force through the use of firearms or any other means reasonably likely to cause death or serious physical injury.
[ 1986 c 209 § 1; 1975 1st ex.s. c 260 § 9A.16.010.]
2023 Revised Code of Washington › Title 9A - Washington Criminal Code › Chapter 9A.16 - Defenses. › 9A.16.020 - Use of force—When lawful.

RCW 9A.16.020
Use of force—When lawful.
The use, attempt, or offer to use force upon or toward the person of another is not unlawful in the following cases:
(1) Whenever necessarily used by a public officer in the performance of a legal duty, or a person assisting the officer and acting under the officer's direction;
(2) Whenever necessarily used by a person arresting one who has committed a felony and delivering him or her to a public officer competent to receive him or her into custody;
(3) Whenever used by a party about to be injured, or by another lawfully aiding him or her, in preventing or attempting to prevent an offense against his or her person, or a malicious trespass, or other malicious interference with real or personal property lawfully in his or her possession, in case the force is not more than is necessary;
(4) Whenever reasonably used by a person to detain someone who enters or remains unlawfully in a building or on real property lawfully in the possession of such person, so long as such detention is reasonable in duration and manner to investigate the reason for the detained person's presence on the premises, and so long as the premises in question did not reasonably appear to be intended to be open to members of the public;
(5) Whenever used by a carrier of passengers or the carrier's authorized agent or servant, or other person assisting them at their request in expelling from a carriage, railway car, vessel, or other vehicle, a passenger who refuses to obey a lawful and reasonable regulation prescribed for the conduct of passengers, if such vehicle has first been stopped and the force used is not more than is necessary to expel the offender with reasonable regard to the offender's personal safety;
(6) Whenever used by any person to prevent a mentally ill, mentally incompetent, or mentally disabled person from committing an act dangerous to any person, or in enforcing necessary restraint for the protection or restoration to health of the person, during such period only as is necessary to obtain legal authority for the restraint or custody of the person.
[ 1986 c 149 § 2; 1979 ex.s. c 244 § 7; 1977 ex.s. c 80 § 13; 1975 1st ex.s. c 260 § 9A.16.020.]
NOTES:
Effective date—1979 ex.s. c 244: See RCW 9A.44.902.
Purpose—Intent—Severability—1977 ex.s. c 80: See notes following RCW 4.16.190.
2023 Revised Code of Washington › Title 9A - Washington Criminal Code › Chapter 9A.16 - Defenses. › 9A.16.025 - Use of force—When unjustified—Victim identity.

RCW 9A.16.025
Use of force—When unjustified—Victim identity.
A person is not justified in using force against another based on the discovery of, knowledge about, or potential disclosure of the victim's actual or perceived gender, gender identity, gender expression, or sexual orientation, including under circumstances in which the victim made an unwanted nonforcible romantic or sexual advance towards the defendant, or in which the defendant and victim dated or had a romantic or sexual relationship.
[ 2020 c 3 § 2.]
NOTES:
Short title—2020 c 3: See note following RCW 9A.08.040.
2023 Revised Code of Washington › Title 9A - Washington Criminal Code › Chapter 9A.16 - Defenses. › 9A.16.030 - Homicide—When excusable.

RCW 9A.16.030
Homicide—When excusable.
Homicide is excusable when committed by accident or misfortune in doing any lawful act by lawful means, without criminal negligence, or without any unlawful intent.
[ 1979 ex.s. c 244 § 8; 1975 1st ex.s. c 260 § 9A.16.030.]
NOTES:
Effective date—1979 ex.s. c 244: See RCW 9A.44.902.
2023 Revised Code of Washington › Title 9A - Washington Criminal Code › Chapter 9A.16 - Defenses. › 9A.16.046 - Justifiable homicide or use of deadly force by peace officer—Reimbursement of defendant for costs—Special verdict.

RCW 9A.16.046
Justifiable homicide or use of deadly force by peace officer—Reimbursement of defendant for costs—Special verdict.
(1) When a peace officer who is charged with a crime is found not guilty or charges are dismissed by reason of justifiable homicide or use of deadly force under RCW 9A.16.040, or by reason of self-defense, for actions taken while on duty or otherwise within the scope of his or her authority as a peace officer, the state of Washington shall reimburse the defendant for all reasonable costs, including loss of time, legal fees incurred, and other expenses involved in his or her defense. This reimbursement is not an independent cause of action.
(2) If the trier of fact makes a determination of justifiable homicide, justifiable use of deadly force, or self-defense, the judge shall determine the amount of the award.
(3) Whenever the issue of justifiable homicide, justifiable use of deadly force, or self-defense under this section is decided by a judge, or whenever charges against a peace officer are dismissed based on the merits, the judge shall consider the same questions as must be answered in the special verdict under subsection (4) of this section.
(4) Whenever the issue of justifiable homicide, justifiable use of deadly force, or self-defense under this section has been submitted to a jury, and the jury has found the defendant not guilty, the court shall instruct the jury to return a special verdict in substantially the following form:
answer yes or no
1.
Was the defendant on duty or otherwise acting within the scope of his or her authority as a peace officer?
. . . . .
2.
Was the finding of not guilty based upon justifiable homicide, justifiable use of deadly force, or self-defense?
. . . . .
(5) Nothing in this section precludes the legislature from using the sundry claims process to grant an award where none was granted under this section or otherwise where the charge was dismissed prior to trial, or to grant a higher award than one granted under this section.
[ 2019 c 4 § 7.]
NOTES:
Effective date—2019 c 4: See note following RCW 43.101.455.
2023 Revised Code of Washington › Title 9A - Washington Criminal Code › Chapter 9A.16 - Defenses. › 9A.16.050 - Homicide—By other person—When justifiable.

RCW 9A.16.050
Homicide—By other person—When justifiable.
Homicide is also justifiable when committed either:
(1) In the lawful defense of the slayer, or his or her husband, wife, parent, child, brother, or sister, or of any other person in his or her presence or company, when there is reasonable ground to apprehend a design on the part of the person slain to commit a felony or to do some great personal injury to the slayer or to any such person, and there is imminent danger of such design being accomplished; or
(2) In the actual resistance of an attempt to commit a felony upon the slayer, in his or her presence, or upon or in a dwelling, or other place of abode, in which he or she is.
[ 2011 c 336 § 354; 1975 1st ex.s. c 260 § 9A.16.050.]
2023 Revised Code of Washington › Title 9A - Washington Criminal Code › Chapter 9A.16 - Defenses. › 9A.16.060 - Duress.

RCW 9A.16.060
Duress.
(1) In any prosecution for a crime, it is a defense that:
(a) The actor participated in the crime under compulsion by another who by threat or use of force created an apprehension in the mind of the actor that in case of refusal he or she or another would be liable to immediate death or immediate grievous bodily injury; and
(b) That such apprehension was reasonable upon the part of the actor; and
(c) That the actor would not have participated in the crime except for the duress involved.
(2) The defense of duress is not available if the crime charged is murder, manslaughter, or homicide by abuse.
(3) The defense of duress is not available if the actor intentionally or recklessly places himself or herself in a situation in which it is probable that he or she will be subject to duress.
(4) The defense of duress is not established solely by a showing that a married person acted on the command of his or her spouse.
[ 1999 c 60 § 1; 1975 1st ex.s. c 260 § 9A.16.060.]
2023 Revised Code of Washington › Title 9A - Washington Criminal Code › Chapter 9A.16 - Defenses. › 9A.16.070 - Entrapment.

RCW 9A.16.070
Entrapment.
(1) In any prosecution for a crime, it is a defense that:
(a) The criminal design originated in the mind of law enforcement officials, or any person acting under their direction, and
(b) The actor was lured or induced to commit a crime which the actor had not otherwise intended to commit.
(2) The defense of entrapment is not established by a showing only that law enforcement officials merely afforded the actor an opportunity to commit a crime.
[ 1975 1st ex.s. c 260 § 9A.16.070.]
2023 Revised Code of Washington › Title 9A - Washington Criminal Code › Chapter 9A.16 - Defenses. › 9A.16.080 - Action for being detained on mercantile establishment premises for investigation—"Reasonable grounds" as defense.

RCW 9A.16.080
Action for being detained on mercantile establishment premises for investigation—"Reasonable grounds" as defense.
In any criminal action brought by reason of any person having been detained on or in the immediate vicinity of the premises of a mercantile establishment for the purpose of investigation or questioning as to the ownership of any merchandise, it shall be a defense of such action that the person was detained in a reasonable manner and for not more than a reasonable time to permit such investigation or questioning by a peace officer, by the owner of the mercantile establishment, or by the owner's authorized employee or agent, and that such peace officer, owner, employee, or agent had reasonable grounds to believe that the person so detained was committing or attempting to commit theft or shoplifting on such premises of such merchandise. As used in this section, "reasonable grounds" shall include, but not be limited to, knowledge that a person has concealed possession of unpurchased merchandise of a mercantile establishment, and a "reasonable time" shall mean the time necessary to permit the person detained to make a statement or to refuse to make a statement, and the time necessary to examine employees and records of the mercantile establishment relative to the ownership of the merchandise.
[ 1975 1st ex.s. c 260 § 9A.16.080.]
2023 Revised Code of Washington › Title 9A - Washington Criminal Code › Chapter 9A.16 - Defenses. › 9A.16.090 - Intoxication.

RCW 9A.16.090
Intoxication.
No act committed by a person while in a state of voluntary intoxication shall be deemed less criminal by reason of his or her condition, but whenever the actual existence of any particular mental state is a necessary element to constitute a particular species or degree of crime, the fact of his or her intoxication may be taken into consideration in determining such mental state.
[ 2011 c 336 § 355; 1975 1st ex.s. c 260 § 9A.16.090.]
2023 Revised Code of Washington › Title 9A - Washington Criminal Code › Chapter 9A.16 - Defenses. › 9A.16.100 - Use of force on children—Policy—Actions presumed unreasonable.

RCW 9A.16.100
Use of force on children—Policy—Actions presumed unreasonable.
It is the policy of this state to protect children from assault and abuse and to encourage parents, teachers, and their authorized agents to use methods of correction and restraint of children that are not dangerous to the children. However, the physical discipline of a child is not unlawful when it is reasonable and moderate and is inflicted by a parent, teacher, or guardian for purposes of restraining or correcting the child. Any use of force on a child by any other person is unlawful unless it is reasonable and moderate and is authorized in advance by the child's parent or guardian for purposes of restraining or correcting the child.
The following actions are presumed unreasonable when used to correct or restrain a child: (1) Throwing, kicking, burning, or cutting a child; (2) striking a child with a closed fist; (3) shaking a child under age three; (4) interfering with a child's breathing; (5) threatening a child with a deadly weapon; or (6) doing any other act that is likely to cause and which does cause bodily harm greater than transient pain or minor temporary marks. The age, size, and condition of the child and the location of the injury shall be considered when determining whether the bodily harm is reasonable or moderate. This list is illustrative of unreasonable actions and is not intended to be exclusive.
[ 1986 c 149 § 1.]
2023 Revised Code of Washington › Title 9A - Washington Criminal Code › Chapter 9A.16 - Defenses. › 9A.16.110 - Defending against violent crime—Reimbursement.

RCW 9A.16.110
Defending against violent crime—Reimbursement.
(1) No person in the state shall be placed in legal jeopardy of any kind whatsoever for protecting by any reasonable means necessary, himself or herself, his or her family, or his or her real or personal property, or for coming to the aid of another who is in imminent danger of or the victim of assault, robbery, kidnapping, arson, burglary, rape, murder, or any other violent crime as defined in RCW 9.94A.030.
(2) When a person charged with a crime listed in subsection (1) of this section is found not guilty by reason of self-defense, the state of Washington shall reimburse the defendant for all reasonable costs, including loss of time, legal fees incurred, and other expenses involved in his or her defense. This reimbursement is not an independent cause of action. To award these reasonable costs the trier of fact must find that the defendant's claim of self-defense was sustained by a preponderance of the evidence. If the trier of fact makes a determination of self-defense, the judge shall determine the amount of the award.
(3) Notwithstanding a finding that a defendant's actions were justified by self-defense, if the trier of fact also determines that the defendant was engaged in criminal conduct substantially related to the events giving rise to the charges filed against the defendant the judge may deny or reduce the amount of the award. In determining the amount of the award, the judge shall also consider the seriousness of the initial criminal conduct.
Nothing in this section precludes the legislature from using the sundry claims process to grant an award where none was granted under this section or to grant a higher award than one granted under this section.
(4) Whenever the issue of self-defense under this section is decided by a judge, the judge shall consider the same questions as must be answered in the special verdict under subsection (4) [(5)] of this section.
(5) Whenever the issue of self-defense under this section has been submitted to a jury, and the jury has found the defendant not guilty, the court shall instruct the jury to return a special verdict in substantially the following form:
answer yes or no
1.
Was the finding of not guilty based upon self-defense?
. . . . .
2.
If your answer to question 1 is no, do not answer the remaining question.
3.
If your answer to question 1 is yes, was the defendant:
a.
Protecting himself or herself?
. . . . .
b.
Protecting his or her family?
. . . . .
c.
Protecting his or her property?
. . . . .
d.
Coming to the aid of another who was in imminent danger of a heinous crime?
. . . . .
e.
Coming to the aid of another who was the victim of a heinous crime?
. . . . .
f.
Engaged in criminal conduct substantially related to the events giving rise to the crime with which the defendant is charged?
. . . . .
[ 1995 c 44 § 1; 1989 c 94 § 1; 1977 ex.s. c 206 § 8. Formerly RCW 9.01.200.]
NOTES:
Use of deadly force—Legislative recognition: See note following RCW 9A.16.040.
2023 Revised Code of Washington › Title 9A - Washington Criminal Code › Chapter 9A.16 - Defenses. › 9A.16.120 - Outdoor music festival, campground—Detention.

RCW 9A.16.120
Outdoor music festival, campground—Detention.
(1) In a criminal action brought against the detainer by reason of a person having been detained on or in the immediate vicinity of the premises of an outdoor music festival or related campground for the purpose of pursuing an investigation or questioning by a law enforcement officer as to the lawfulness of the consumption or possession of alcohol or illegal drugs, it is a defense that the detained person was detained in a reasonable manner and for not more than a reasonable time to permit the investigation or questioning by a law enforcement officer, and that a peace officer, owner, operator, employee, or agent of the outdoor music festival had reasonable grounds to believe that the person so detained was unlawfully consuming or attempting to unlawfully consume or possess, alcohol or illegal drugs on the premises.
(2) For the purposes of this section:
(a) "Illegal drug" means a controlled substance under chapter 69.50 RCW for which the person detained does not have a valid prescription or that is not being consumed in accordance with the prescription directions and warnings, or a legend drug under chapter 69.41 RCW for which the person does not have a valid prescription or that is not being consumed in accordance with the prescription directions and warnings.
(b) "Outdoor music festival" has the same meaning as in RCW 70.108.020, except that no minimum time limit is required.
(c) "Reasonable grounds" include, but are not limited to:
(i) Exhibiting the effects of having consumed liquor, which means that a person has the odor of liquor on his or her breath, or that by speech, manner, appearance, behavior, lack of coordination, or otherwise exhibits that he or she has consumed liquor, and either:
(A) Is in possession of or in close proximity to a container that has or recently had liquor in it; or
(B) Is shown by other evidence to have recently consumed liquor; or
(ii) Exhibiting the effects of having consumed an illegal drug, which means that a person by speech, manner, appearance, behavior, lack of coordination, or otherwise exhibits that he or she has consumed an illegal drug, and either:
(A) Is in possession of an illegal drug; or
(B) Is shown by other evidence to have recently consumed an illegal drug.
(d) "Reasonable time" means the time necessary to permit the person detained to make a statement or to refuse to make a statement, and the time necessary to allow a law enforcement officer to determine the lawfulness of the consumption or possession of alcohol or illegal drugs. "Reasonable time" may not exceed one hour.
[ 2003 c 219 § 1.]
2023 Revised Code of Washington › Title 9A - Washington Criminal Code › Chapter 9A.16 - Defenses. › 9A.16.900 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.

RCW 9A.16.900
Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.
For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered domestic partnerships that have been terminated, dissolved, or invalidated, to the extent that such interpretation does not conflict with federal law. Where necessary to implement chapter 521, Laws of 2009, gender-specific terms such as husband and wife used in any statute, rule, or other law shall be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships.
[ 2009 c 521 § 22.]
2023 Revised Code of Washington › Title 9A - Washington Criminal Code › Chapter 9A.20 - Classification of Crimes. › 9A.20.010 - Classification and designation of crimes.

RCW 9A.20.010
Classification and designation of crimes.
(1) Classified Felonies. (a) The particular classification of each felony defined in Title 9A RCW is expressly designated in the section defining it.
(b) For purposes of sentencing, classified felonies are designated as one of three classes, as follows:
(i) Class A felony; or
(ii) Class B felony; or
(iii) Class C felony.
(2) Misdemeanors and Gross Misdemeanors. (a) Any crime punishable by a fine of not more than one thousand dollars, or by imprisonment in a county jail for not more than ninety days, or by both such fine and imprisonment is a misdemeanor. Whenever the performance of any act is prohibited by any statute, and no penalty for the violation of such statute is imposed, the committing of such act shall be a misdemeanor.
(b) All crimes other than felonies and misdemeanors are gross misdemeanors.
[ 1984 c 258 § 808; 1975 1st ex.s. c 260 § 9A.20.010.]
NOTES:
Court Improvement Act of 1984—Effective dates—Severability—Short title—1984 c 258: See notes following RCW 3.30.010.