Wash. Rev. Code » Title 9 · Chapter 9.40
Revised Code of Washington

Wash. Rev. Code § 9.40.120 (2025)

Incendiary devices—Penalty

✓ laws through the 2025 session: 2026 session laws are not yet included
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Every person who possesses, manufactures, or disposes of an incendiary device knowing it to be such is guilty of a class B felony punishable according to chapter 9A.20 RCW, and upon conviction, shall be punished by imprisonment in a state prison for a term of not more than ten years.
[ 2003 c 53 s 25; 1999 c 352 s 5; 1971 ex.s. c 302 s 4; 1969 ex.s. c 79 s 3.]

Notes:

Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
Application—1999 c 352 ss 3-5: See note following RCW 9.94A.515.
Severability—1971 ex.s. c 302: See note following RCW 9.41.010.
Notes of Decisions
Cited in 6 cases, 1988–2016 · leading case: State v. Espinoza, 774 P.2d 1177 (Wash. 1989).
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State v. Espinoza, 774 P.2d 1177 (Wash. 1989). · cites it 3× “Respondent Espinoza was later arrested and subsequently arraigned on May 15, 1986, on one count of possession, manufacturing or disposing of an incendiary device, in violation of RCW 9.40.120, and one count of first degree arson, in violation of RCW 9A.”
State v. Flinn, 80 P.3d 171 (Wash. Ct. App. 2003). · cites it 6× “Malice is not a necessary element of the crime charged in ' Count II, Possession of an Incendiary Device in violation of' RCW 9.40.120. The Court has concluded that defendant possessed, manufactured and disposed of an incendiary device, and that he knew it to be such.”
State v. Flinn, 80 P.3d 171 (Wash. Ct. App. 2003). · cites it 6× “Malice is not a necessary element of the crime charged in Count II, Possession of an Incendiary Device in violation of RCW 9.40.120. The Court has concluded that defendant possessed, manufactured and disposed of an incendiary device, and that he knew it to be such.”
State v. K.E., 982 P.2d 1212 (Wash. Ct. App. 1999). “pleaded guilty to possessing an incendiary device, between July 7, 1998, and August 13, 1998, in violation of RCW 9.40.120, and an unrelated charge of taking a motor vehicle in violation of RCW 9A.”
State v. Espinoza, 754 P.2d 1287 (Wash. Ct. App. 1988). “Espinoza and two companions manufactured what they called "fire bombs" from jars, paper towels, lantern oil, lighter fluid and matches. On May 2, 1986, a residence at 701 South Seventh Avenue, Yakima was substantially burned by an intentionally set fire.”
State Of Washington v. Jose Arita, No. 46948-1 (Wash. Ct. App. June 21, 2016). · cites it 4× “He cites RCW 9.40.120 and State v. Flinn, 119 Wn. App.”
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