Revised Code of Washington

Wash. Rev. Code § 70.74.270 (2026)

Malicious placement of an explosive—Penalties

✓ current as of May 2026
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A person who maliciously places any explosive or improvised device in, upon, under, against, or near any building, car, vessel, railroad track, airplane, public utility transmission system, or structure, in such manner or under such circumstances as to destroy or injure it if exploded is guilty of:
(1) Malicious placement of an explosive in the first degree if the offense is committed with intent to commit a terrorist act. Malicious placement of an explosive in the first degree is a class A felony;
(2) Malicious placement of an explosive in the second degree if the offense is committed under circumstances not amounting to malicious placement of an explosive in the first degree and if the circumstances and surroundings are such that the safety of any person might be endangered by the explosion. Malicious placement of an explosive in the second degree is a class B felony;
(3) Malicious placement of an explosive in the third degree if the offense is committed under circumstances not amounting to malicious placement of an explosive in the first or second degree. Malicious placement of an explosive in the third degree is a class B felony.
[ 1997 c 120 s 1; 1993 c 293 s 6; 1992 c 7 s 49; 1984 c 55 s 2; 1971 ex.s. c 302 s 8; 1969 ex.s. c 137 s 23; 1909 c 249 s 400; RRS s 2652.]

Notes:

Severability1993 c 293: See note following RCW 70.74.010.
Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 1969–2024 · leading case: State Of Washington, V. Herbert Dwayne Tiley (Wash. Ct. App. 2024).
State Of Washington, V. Herbert Dwayne Tiley (Wash. Ct. App. 2024). · cites it 3× “Malice may be inferred from an act done in willful disregard of the rights of another, or an act wrongfully done without just cause or excuse, or an act or omission of duty betraying a willful disregard of social duty[.”
State v. Koser, 458 P.2d 27 (Wash. 1969). “020); count 2 with endangering life and property by explosives (RCW 70.74.270); and count 3 with the offense of damaging buildings by explosives (RCW 70.”
Writ of Habeas Corpus of Koser v. Smith, 529 P.2d 893 (Wash. Ct. App. 1974). · cites it 9× “020); count 2 with endangering life and property by explosives (RCW 70.74.270); and count 3 with the offense of damaging buildings by explosives (RCW 70.”
Wash. Rev. Code § 70.74.270(2): 1 case
State Of Washington, V. Herbert Dwayne Tiley (Wash. Ct. App. 2024). “Malice may be inferred from an act done in willful disregard of the rights of another, or an act wrongfully done without just cause or excuse, or an act or omission of duty betraying a willful disregard of social duty[.”
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