Revised Code of Washington

Wash. Rev. Code § 4.16.115 (2026)

Special provisions for action on penalty

✓ current as of May 2026

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An action upon a statute for a penalty given in whole or in part to the person who may prosecute for the same, shall be commenced within three years [one year] after the commission of the offense; and if the action be not commenced within one year by a private party, it may be commenced within two years after the commission of the offense in behalf of the state by the prosecuting attorney of the county, where said offense was committed.

[ 1877 p 9 s 31; 1854 p 364 s 6; RRS s 163. Formerly RCW 4.16.140. Cf. Code 1881 s 31.]

Notes:

Reviser's note: "one year" appeared in Laws of 1854 and 1877; "three years" appears in Code of 1881.

Notes of Decisions

Cited in 2 cases (1 in the last 5 years), 1981–2021 · leading case: U. S. Oil & Refining Co. v. Dep't of Ecology, 633 P.2d 1329 (Wash. 1981).

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U. S. Oil & Refining Co. v. Dep't of Ecology, 633 P.2d 1329 (Wash. 1981). · cites it 2× “DOE argues that the Court of Appeals ignored its paramount duty to give effect to legislative intent.”

Paul Lewis v. Vernice Zanco, et ux, 483 P.3d 836 (Wash. Ct. App. 2021). · cites it 2× “Lewis sought class action certification, a security deposit refund, declaratory relief regarding the imposition of the smoke detector fine, an award of triple the smoke detector fine amount, and reasonable attorney fees and costs. Zanco moved to dismiss Mr. Lewis’s claim under…”

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