Wash. Rev. Code » Title 10 · Chapter 10.61
Revised Code of Washington

Wash. Rev. Code § 10.61.003 (2026)

✓ current as of May 2026
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Upon an indictment or information for an offense consisting of different degrees, the jury may find the defendant not guilty of the degree charged in the indictment or information, and guilty of any degree inferior thereto, or of an attempt to commit the offense.
[ 1891 c 28 s 75; Code 1881 s 1097; 1854 p 120 s 122; RRS s 2167. Formerly RCW 10.61.010, part.] [SLC-RO-11]

Notes:

Where doubt as to degree, conviction of lowest: RCW 10.58.020.
Notes of Decisions
Cited in 132 cases (19 in the last 5 years), 1970–2026 · leading case: State v. Peterson, 948 P.2d 381 (Wash. 1997).
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State v. Peterson, 948 P.2d 381 (Wash. 1997). · cites it 8× “006, and where a defendant is convicted of a crime which is an *384 inferior degree pursuant to RCW 10.61.003. Id. at 488 , 745 P.2d 854 ; State v.”
State v. Peterson, 133 Wash. 2d 885 (Wash. 1997). · cites it 8× “006, and where a defendant is convicted of a crime which is an inferior degree pursuant to RCW 10.61.003. Id. at 488 ; State v. Foster, 91 Wn.”
State v. Coryell, 483 P.3d 98 (Wash. 2021). · cites it 5× “Lesser Offenses RCW 10.61.003 provides that where an offense consists of different degrees, “the jury may find the defendant not guilty of the degree charged in the indictment or information, and guilty of any degree inferior thereto.”
State v. Irizarry, 763 P.2d 432 (Wash. 1988). · cites it 5× “006); and (2) where a defendant is convicted of an offense which is a crime of an inferior degree to the one charged (RCW 10.61.003). [3] *593 The first degree murder statute (RCW 9A.”
State v. Pelkey, 745 P.2d 854 (Wash. 1987). · cites it 4× “006; and (2) where a defendant is convicted of an offense which is a crime of an inferior degree to the one charged, pursuant to RCW 10.61.003." This court has long recognized this principle.”
People v. Nyx, 734 N.W.2d 548 (Mich. 2007). · cites it 4× “The Washington Supreme Court rejected this argument: The general rule regarding this right is that the crimes of which a person can be convicted, and those on which a jury is properly instructed, are limited to those which are charged in the information.”
State v. Fernandez-Medina, 6 P.3d 1150 (Wash. 2000). · cites it 3× “However, under RCW 10.61.003, a defendant can be found guilty of a crime that is an inferior degree of the crime charged.”
State v. Foster, 589 P.2d 789 (Wash. 1979). · cites it 3× “006; and (2) where a defendant is convicted of an offense which is a crime of an inferior degree to the one charged, pursuant to RCW 10.61.003. State v. Galen, supra. The statute which is dispositive of this issue is RCW 10.”
State v. Gamble, 114 P.3d 646 (Wash. 2005). · cites it 2× “¶ 31 Now, however, it is clear, as the majority holds, that manslaughter is not a lesser included offense of second degree felony murder based on assault.”
State v. Gamble, 154 Wash. 2d 457 (Wash. 2005). · cites it 2× “RCW 10.61.003 provides that a jury may also convict a defendant of an inferior degree of the crime charged.”
Matter of Pers. Restraint of St. Pierre, 823 P.2d 492 (Wash. 1992). · cites it 2× “006); and (2) where a defendant is convicted of an offense which is a crime of an inferior degree to the one charged (RCW 10.61.003). (Footnotes omitted.) Irizarry, 111 Wn.”
People v. Fontenot, 447 P.3d 252 (Cal. 2019). “, rule 3A:17(c); Wash. Rev. Code § 10.61.003 ; W. Va. Code § 62-3-18 ; Wis.”
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