Revised Code of Washington

Wash. Rev. Code § 74.08.331 (2026)

✓ current as of May 2026
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(1) Any person who by means of a willfully false statement, or representation, or impersonation, or a willful failure to reveal any material fact, condition, or circumstance affecting eligibility or need for assistance, including medical care, surplus commodities, and food stamps or food stamp benefits transferred electronically, as required by law, or a willful failure to promptly notify the county office in writing as required by law or any change in status in respect to resources, or income, or need, or family composition, money contribution and other support, from whatever source derived, including unemployment insurance, or any other change in circumstances affecting the person's eligibility or need for assistance, or other fraudulent device, obtains, or attempts to obtain, or aids or abets any person to obtain any public assistance to which the person is not entitled or greater public assistance than that to which he or she is justly entitled is guilty of theft in the first degree under RCW 9A.56.030 and upon conviction thereof shall be punished by imprisonment in a state correctional facility for not more than fifteen years.
(2) Any person who by means of a willfully false statement or representation or by impersonation or other fraudulent device aids or abets in buying, selling, or in any other way disposing of the real property of a recipient of public assistance without the consent of the secretary is guilty of a gross misdemeanor and upon conviction thereof shall be punished by imprisonment for up to three hundred sixty-four days in the county jail or a fine of not to exceed one thousand dollars or by both.
[ 2011 c 96 s 53; 2003 c 53 s 368; 1998 c 79 s 16; 1997 c 58 s 303; 1992 c 7 s 59; 1979 c 141 s 329; 1965 ex.s. c 34 s 1.]

Notes:

FindingsIntent2011 c 96: See note following RCW 9A.20.021.
IntentEffective date2003 c 53: See notes following RCW 2.48.180.
Short titlePart headings, captions, table of contents not lawExemptions and waivers from federal lawConflict with federal requirementsSeverability1997 c 58: See RCW 74.08A.900 through 74.08A.904.
Notes of Decisions
Cited in 49 cases, 1971–2020 · leading case: State v. Arndt, 553 P.2d 1328 (Wash. 1976).
State v. Arndt, 553 P.2d 1328 (Wash. 1976). · cites it 40× “331 provides in part: Any person who by means of a wilfully false statement, or representation, or impersonation, or a wilful failure to reveal any material fact, condition or circumstance affecting eligibility of need for assistance, including medical care, surplus commodities…”
State v. Bryce, 707 P.2d 694 (Wash. Ct. App. 1985). · cites it 50× “The basic issue is whether the State may be permitted to amend its information to set forth an amount of public assistance allegedly unlawfully obtained, to bring the charge within the applicable statute of limitations.”
State v. Ermert, 621 P.2d 121 (Wash. 1980). · cites it 15× “This case concerns a prosecution for welfare fraud pursuant to RCW 74.08.331. As set forth below, it is clear that the facts elicited at trial of this case would not support a conviction under RCW 74.”
State v. Campbell, 888 P.2d 1185 (Wash. 1995). · cites it 7× “The sole question before us is whether the dollar amount is an essential element of the crime of unlawfully obtained public assistance (welfare fraud) under RCW 74.08.331. The Court of Appeals is divided on the issue.”
State v. Delcambre, 805 P.2d 233 (Wash. 1991). · cites it 12× “The information alleged the crime in the language of the welfare fraud statute, RCW 74.08.331, and the first degree theft statute, RCW 9A.”
State v. Wallace, 651 P.2d 201 (Wash. 1982). · cites it 13× “As a result, she was charged with willfully failing to report income in violation of RCW 74.08.331. Petitioner waived her right to a jury trial and was subsequently found guilty after a trial to the bench.”
State v. Matthews, 624 P.2d 720 (Wash. Ct. App. 1981). · cites it 13× “RCW 74.08.331. He was charged as both a principal and an accomplice.”
State v. Sass, 620 P.2d 79 (Wash. 1980). · cites it 5× “He was found guilty August 4, 1977, of grand larceny, defined by RCW 74.08.331 to include the commission of welfare fraud and the court determined that 15 years was the applicable maximum sentence.”
Beckett v. Dep't of Soc. & Health Servs., 550 P.2d 529 (Wash. 1976). · cites it 4× “300 is separate and distinct from RCW 74.08.331, [3] the statutory section that clearly defines the fraudulent receipt of public assistance as grand larceny and imposes criminal penalties including imprisonment for up to 15 years.”
State v. Jeske, 558 P.2d 162 (Wash. 1976). · cites it 4× “The petitioner was charged with a viola- tion of RCW 74.08.331, the information alleging that he had obtained money from the Department of Public Assistance by “knowingly, willfully and feloniously by means of a willfully false statement or representation or a willful failure to…”
State v. Pascal, 736 P.2d 1065 (Wash. 1987). · cites it 2× “080); and welfare fraud (RCW 74.08.331). To equate first degree manslaughter, through a like sentence, with crimes like second degree perjury, intimidating a public servant and welfare fraud renders ineffective the Legislature's attempt to effectuate proportionality in…”
State v. Knowles, 490 P.2d 113 (Wash. 1971). · cites it 8× “Defendant was convicted of grand larceny under an information charging that she obtained public assistance by means of fraud and deceit in violation of RCW 74.08.331. She appeals the judgment and sentence of not more than 15 years’ imprisonment.”
— Wash. Rev. Code § 74.08.331(1) — 3 cases
State v. Slattum, 295 P.3d 788 (Wash. Ct. App. 2013).
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