Revised Code of Washington

Wash. Rev. Code § 9.92.010 (2026)

Punishment of felony when not fixed by statute

✓ current as of May 2026
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Every person convicted of a felony for which no maximum punishment is specially prescribed by any statutory provision in force at the time of conviction and sentence, shall be punished by confinement or fine which shall not exceed confinement in a state correctional institution for a term of ten years, or by a fine in an amount fixed by the court of not more than twenty thousand dollars, or by both such confinement and fine and the offense shall be classified as a class B felony.
[ 1996 c 44 s 2; 1982 1st ex.s. c 47 s 5; 1909 c 249 s 13; RRS s 2265.]

Notes:

Severability1982 1st ex.s. c 47: See note following RCW 9.41.190.
Classification of crimes: Chapter 9A.20 RCW.
Notes of Decisions
Cited in 45 cases, 1953–2020 · leading case: State v. Gibson, 553 P.2d 131 (Wash. Ct. App. 1976).
State v. Gibson, 553 P.2d 131 (Wash. Ct. App. 1976). · cites it 4× “020, enhancing the usual penalty meted out under RCW 9.92.010. There is no inherent authority to suspend sentences in the absence of a statute.”
State v. Bird, 622 P.2d 1262 (Wash. 1980). · cites it 2× “RCW 9.92.010. Literal and strict interpretation must be given criminal statutes.”
State v. Rose, 498 P.2d 897 (Wash. Ct. App. 1972). · cites it 4× “* **** 6 Although the defendant does not appear to raise the precise point that an irreconcilable vagueness is created because of the difference in maximum terms established under RCW 9.92.010 7 and 9.95.010, we believe the generality of his assignment, coupled with the…”
State v. Hunter, 9 P.3d 872 (Wash. Ct. App. 2000). · cites it 2× “See RCW 9.92.010. [5] We further interpret the statute as requiring the amount of the contribution to be based on the costs of the investigation.”
Harris v. Charles, 256 P.3d 328 (Wash. 2011). “RCW 9.92.010. Of course, a felony sentence under the SRA may be much greater; a felon may be sentenced to life or to the death penalty.”
Harris v. Charles, 171 Wash. 2d 455 (Wash. 2011). “RCW 9.92.010. Of course, a felony sentence under the SRA may be much greater; a felon may be sentenced to life or to the death penalty.”
State v. Danforth, 643 P.2d 882 (Wash. 1982). “In the absence of a specific penalty provision the terms of RCW 9.92.010 apply. That section states: Every person convicted of a felony for which no punishment is specially prescribed by any statutory provision in force at the time of conviction and sentence, shall be punished…”
State v. Hunter, 102 Wash. App. 630 (Wash. Ct. App. 2000). · cites it 2× “See RCW 9.92.010. 5 We further interpret the statute as requiring the amount of the contribution to be based on the costs of the investigation.”
State v. Saylors, 422 P.2d 477 (Wash. 1966). · cites it 2× “The new nunc pro tunc judgment and sentence were properly entered on July 22,1964. Mr. Saylors also raises certain issues relative to the constitutionality of the statutes under which he was prosecuted (RCW 9.”
In Re Klapproth v. Squier, 314 P.2d 430 (Wash. 1957). · cites it 9× “The applicable statute under which petitioner must be sentenced is RCW 9.92.010, Rem. Rev. Stat., § 2265, which reads: "Every person convicted of a felony for which no punishment is specially prescribed by any statutory provision in force at the time of conviction and sentence,…”
State v. Harris, 357 P.2d 719 (Wash. 1960). · cites it 2× “Upon his arraignment, at which he was represented by counsel, he pleaded guilty, and was sentenced to serve ten years (the maximum sentence provided by RCW 9.92.010) in the state reformatory. His first assignment of error concerns the court's refusal of his request to change his…”
In re the Pers. Restraint Well, 133 Wash. 2d 433 (Wash. 1997). “, RCW 9.92.010. On the other hand those adjudicated "criminally insane” pursuant to RCW 10.”
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