Revised Code of Washington
Wash. Rev. Code § 46.61.520 (2026)
✓ current as of May 2026
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(1) When the death of any person ensues within three years as a proximate result of injury proximately caused by the driving of any vehicle by any person, the driver is guilty of vehicular homicide if the driver was operating a motor vehicle:
(a) While under the influence of intoxicating liquor or any drug, as defined by RCW 46.61.502; or
(b) In a reckless manner; or
(c) With disregard for the safety of others.
(2) Vehicular homicide is a class A felony punishable under chapter 9A.20 RCW, except that, for a conviction under subsection (1)(a) of this section, an additional two years shall be added to the sentence for each prior offense as defined in RCW 46.61.5055.
[ 1998 c 211 s 2; 1996 c 199 s 7; 1991 c 348 s 1; 1983 c 164 s 1; 1975 1st ex.s. c 287 s 3; 1973 2nd ex.s. c 38 s 2; 1970 ex.s. c 49 s 5; 1965 ex.s. c 155 s 63; 1961 c 12 s 46.56.040. Prior: 1937 c 189 s 120; RRS s 6360-120. Formerly RCW 46.56.040.]
Notes:
Effective date—1998 c 211: See note following RCW 46.61.5055.
Severability—1996 c 199: See note following RCW 9.94A.505.
Effective date—1991 c 348: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1991." [ 1991 c 348 s 5.]
Severability—1973 2nd ex.s. c 38: See note following RCW 69.50.101.
Severability—1970 ex.s. c 49: See note following RCW 9.69.100.
Criminal history and driving record: RCW 46.61.513.
Notes of Decisions
Cited in 263
cases (18 in the last 5 years), 1966–2026 · leading case: State v. Roggenkamp, 106 P.3d 196 (Wash. 2005).
State v. Roggenkamp, 106 P.3d 196 (Wash. 2005). “The term "in a reckless manner" is not defined in either the vehicular homicide statute, RCW 46.61.520, or the vehicular assault statute, RCW 46.”
State v. Roggenkamp, 153 Wash. 2d 614 (Wash. 2005). “The definition of “in a reckless manner” as used in the vehicular homicide and vehicular assault statutes is well settled in our case law ¶10 The term “in a reckless manner” is not defined in either the vehicular homicide statute, RCW 46.61.520, or the vehicular assault statute,…”
State Of Washington v. Docie Burch, 389 P.3d 685 (Wash. Ct. App. 2016). “Statutory Language ¶12 The vehicular homicide statute, RCW 46.61.520, provides in relevant part: (1) When the death of any person ensues within three years as a proximate result of injury proximately caused by the driving of any vehicle by any person, the driver is guilty of…”
State v. Rivas, 896 P.2d 57 (Wash. 1995). “NIHOUL, in violation of RCW 46.61.520, said crime being a Class "B” felony; contrary to the form of the Statute in such cases made and provided and against the peace and dignity of the State of Washington.”
State v. Roggenkamp, 115 Wash. App. 927 (Wash. Ct. App. 2003). “522(l)(a) Roggenkamp was charged with one count of vehicular homicide under RCW 46.61.520 and two counts of vehicular assault under RCW 46.”
State v. MacMaster, 778 P.2d 1037 (Wash. 1989). “502, or by the operation of any vehicle in a reckless manner or with disregard for the safety of others, the person so operating such vehicle is guilty of vehicular homicide.”
State v. Eike, 435 P.2d 680 (Wash. 1967). “The prosecuting attorney for Pacific County filed two counts of negligent homicide against defendant under RCW 46.61.520 (a recodification of Laws of 1961, ch.”
In re the Pers. Restraint of Percer, 150 Wash. 2d 41 (Wash. 2003). “050 (second degree murder); RCW 46.61.520 (vehicular homicide). *50 Without express language in the statutes, we turn to statutory construction to determine whether these two offenses may be punished cumulatively.”
State v. Salas, 897 P.2d 1246 (Wash. 1995). “The State of Washington seeks review of a decision of the Court of Appeals, Division Three, which reversed and remanded for a new trial Appellant Efrain Salas’ 1 conviction in the Grant County Superior Court for vehicular homicide under RCW 46.61.520. We granted review. We…”
State v. Elgin, 825 P.2d 314 (Wash. 1992). “61 are: vehicular homicide (RCW 46.61.520), vehicular assault (RCW 46.”
State v. Johnson, 315 P.3d 1090 (Wash. 2014). “¶30 By way of comparative example, RCW 46.61.520 defines “vehicular homicide,” in part, as follows: (1) When the death of any person ensues within three years as a proximate result of injury proximately caused by the *550 driving of any vehicle by any person .”
State v. MacMaster, 752 P.2d 954 (Wash. Ct. App. 1988). “The first issue is whether RCW 46.61.520 requires the State to prove a causal connection between intoxicated driving and the resulting death.”
— Wash. Rev. Code § 46.61.520(1) — 61 cases
State v. Roggenkamp, 106 P.3d 196 (Wash. 2005). “The term "in a reckless manner" is not defined in either the vehicular homicide statute, RCW 46.61.520, or the vehicular assault statute, RCW 46.”
State v. Roggenkamp, 153 Wash. 2d 614 (Wash. 2005). “The definition of “in a reckless manner” as used in the vehicular homicide and vehicular assault statutes is well settled in our case law ¶10 The term “in a reckless manner” is not defined in either the vehicular homicide statute, RCW 46.61.520, or the vehicular assault statute,…”
State v. MacMaster, 778 P.2d 1037 (Wash. 1989). “502, or by the operation of any vehicle in a reckless manner or with disregard for the safety of others, the person so operating such vehicle is guilty of vehicular homicide.”
State v. Sanchez, 711 P.2d 1029 (Wash. Ct. App. 1985).
State v. MacMaster, 752 P.2d 954 (Wash. Ct. App. 1988). “The first issue is whether RCW 46.61.520 requires the State to prove a causal connection between intoxicated driving and the resulting death.”
— Wash. Rev. Code § 46.61.520(1)(a) — 31 cases
State v. Roggenkamp, 106 P.3d 196 (Wash. 2005). “The term "in a reckless manner" is not defined in either the vehicular homicide statute, RCW 46.61.520, or the vehicular assault statute, RCW 46.”
State v. Mee Hui Kim, 139 P.3d 354 (Wash. Ct. App. 2006).
State v. Donahue, 18 P.3d 608 (Wash. Ct. App. 2001).
State v. Roswell, 196 P.3d 705 (Wash. 2008).
State v. Hurt, 27 P.3d 1276 (Wash. Ct. App. 2001).
— Wash. Rev. Code § 46.61.520(1)(b) — 11 cases
State v. Roggenkamp, 106 P.3d 196 (Wash. 2005). “The term "in a reckless manner" is not defined in either the vehicular homicide statute, RCW 46.61.520, or the vehicular assault statute, RCW 46.”
State v. Roggenkamp, 153 Wash. 2d 614 (Wash. 2005). “The definition of “in a reckless manner” as used in the vehicular homicide and vehicular assault statutes is well settled in our case law ¶10 The term “in a reckless manner” is not defined in either the vehicular homicide statute, RCW 46.61.520, or the vehicular assault statute,…”
In re the Pers. Restraint of Percer, 47 P.3d 576 (Wash. Ct. App. 2002).
State v. Roggenkamp, 64 P.3d 92 (Wash. Ct. App. 2003).
State of Washington v. Derek W. Schilling, 442 P.3d 262 (Wash. Ct. App. 2019).
— Wash. Rev. Code § 46.61.520(1)(c) — 10 cases
State v. Stately, 216 P.3d 1102 (Wash. Ct. App. 2009).
State v. Stately, 152 Wash. App. 604 (Wash. Ct. App. 2009).
Mendoza v. Rivera-Chavez, 999 P.2d 29 (Wash. 2000).
State Of Washington, V. Christopher Ellis Hamilton, 565 P.3d 595 (Wash. Ct. App. 2025).
State Of Washington v. Kevin Brewer (Wash. Ct. App. 2021).
— Wash. Rev. Code § 46.61.520(2) — 24 cases
Rivard v. State, 231 P.3d 186 (Wash. 2010).
Rivard v. State, 168 Wash. 2d 775 (Wash. 2010).
In re the Pers. Restraint of Adolph, 170 Wash. 2d 556 (Wash. 2010).
In Re Adolph, 243 P.3d 540 (Wash. 2010).
State v. Blunt, 71 P.3d 657 (Wash. Ct. App. 2003).
— Wash. Rev. Code § 46.61.520(a) — 1 case
State Of Washington, V. Sammy Eric Petersen (Wash. Ct. App. 2024).
— Wash. Rev. Code § 46.61.520(b) — 1 case
State v. Teitzel, 37 P.3d 1236 (Wash. Ct. App. 2002).
— Wash. Rev. Code § 46.61.520(c) — 1 case
State v. Teitzel, 37 P.3d 1236 (Wash. Ct. App. 2002).
— Wash. Rev. Code § 46.61.520(l)(a) — 14 cases
State Of Washington v. Docie Burch, 389 P.3d 685 (Wash. Ct. App. 2016). “Statutory Language ¶12 The vehicular homicide statute, RCW 46.61.520, provides in relevant part: (1) When the death of any person ensues within three years as a proximate result of injury proximately caused by the driving of any vehicle by any person, the driver is guilty of…”
State v. Johnson, 315 P.3d 1090 (Wash. 2014). “¶30 By way of comparative example, RCW 46.61.520 defines “vehicular homicide,” in part, as follows: (1) When the death of any person ensues within three years as a proximate result of injury proximately caused by the *550 driving of any vehicle by any person .”
State v. Roggenkamp, 153 Wash. 2d 614 (Wash. 2005). “The definition of “in a reckless manner” as used in the vehicular homicide and vehicular assault statutes is well settled in our case law ¶10 The term “in a reckless manner” is not defined in either the vehicular homicide statute, RCW 46.61.520, or the vehicular assault statute,…”
State v. Mee Hui Kim, 139 P.3d 354 (Wash. Ct. App. 2006).
State v. Donahue, 105 Wash. App. 67 (Wash. Ct. App. 2001).
— Wash. Rev. Code § 46.61.520(l)(b) — 3 cases
State v. Roggenkamp, 153 Wash. 2d 614 (Wash. 2005). “The definition of “in a reckless manner” as used in the vehicular homicide and vehicular assault statutes is well settled in our case law ¶10 The term “in a reckless manner” is not defined in either the vehicular homicide statute, RCW 46.61.520, or the vehicular assault statute,…”
State v. Roggenkamp, 115 Wash. App. 927 (Wash. Ct. App. 2003). “522(l)(a) Roggenkamp was charged with one count of vehicular homicide under RCW 46.61.520 and two counts of vehicular assault under RCW 46.”
State v. Hinds, 936 P.2d 1135 (Wash. Ct. App. 1997).
— Wash. Rev. Code § 46.61.520(l)(c) — 2 cases
Mendoza v. Rivera-Chavez, 140 Wash. 2d 659 (Wash. 2000).
State v. Stately, 152 Wash. App. 604 (Wash. Ct. App. 2009).
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