Wash. Rev. Code » Title 10 · Chapter 10.37
Revised Code of Washington

Wash. Rev. Code § 10.37.090 (2026)

Injury to person or intention concerning

✓ current as of May 2026
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When the crime involves the commission of, or an attempt to commit a private injury, and is described with sufficient certainty in other respects to identify the act, an erroneous allegation as to the person injured or intended to be injured is not material.
[Code 1881 s 1010; 1873 p 226 s 193; 1869 p 241 s 188; RRS s 2061.]
Notes of Decisions
Cited in 7 cases, 1958–2014 · leading case: State v. Plano, 838 P.2d 1145 (Wash. Ct. App. 1992).
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State v. Plano, 838 P.2d 1145 (Wash. Ct. App. 1992). · cites it 3× “2 Although not cited by the parties, we note RCW 10.37.090, which is entitled "Injury to person or intention concerning", states: When the crime involves the commission of, or an attempt to commit a private injury, and is described with sufficient certainty in other respects to…”
State v. Berry, 117 P.3d 1162 (Wash. Ct. App. 2005). · cites it 2× “¶ 20 The State argues that, under RCW 10.37.090 and State v. Plano, [14] the name of the actual victim is not an essential element of the crime of identity theft.”
State v. Jennen, 361 P.2d 739 (Wash. 1961). “Code [now RCW 10.37.090], is as follows: “ When the crime involves the commission of or an attempt to commit a private injury, and is described with suf *176 ficient certainty in other respects to identify the act, an erroneous allegation as to the person injured or intended to…”
State v. Holt, 324 P.2d 793 (Wash. 1958). “Delete it and the information remains sufficient to charge the crime of larceny under RCW 9.”
State v. Chapman, 469 P.2d 883 (Wash. 1970). “Thus, he contends, an essential evidentiary link is missing and the resultant variance fatal.”
State v. Berry, 117 P.3d 1162 (Wash. Ct. App. 2005). “*68 ¶20 The State argues that, under RCW 10.37.090 and State v. Plano, 14 the name of the actual victim is not an essential element of the crime of identity theft.”
State of Washington v. Kimberly Lynn Grijalva (Wash. Ct. App. 2014). “The statute reads: When the crime involves the commission of, or an attempt to commit a private injury, and is described with sufficient certainty in other respects to identifY the act, an erroneous allegation as to the person injured or intended to be injured is not material.”
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