Wash. Rev. Code » Title 9 · Chapter 9.92
Revised Code of Washington

Wash. Rev. Code § 9.92.020 (2026)

Punishment of gross misdemeanor when not fixed by statute

✓ current as of May 2026
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Every person convicted of a gross misdemeanor for which no punishment is prescribed in any statute in force at the time of conviction and sentence, shall be punished by imprisonment in the county jail for a maximum term fixed by the court of up to three hundred sixty-four days, or by a fine in an amount fixed by the court of not more than five thousand dollars, or by both such imprisonment and fine.
[ 2011 c 96 s 10; 1982 1st ex.s. c 47 s 6; 1909 c 249 s 15; RRS s 2267.]

Notes:

Findings—Intent—2011 c 96: See note following RCW 9A.20.021.
Severability—1982 1st ex.s. c 47: See note following RCW 9.41.190.
Notes of Decisions
Cited in 46 cases (1 in the last 5 years), 1958–2023 · leading case: Robinson v. Peterson, 555 P.2d 1348 (Wash. 1976).
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Robinson v. Peterson, 555 P.2d 1348 (Wash. 1976). · cites it 4× “The petitioners, in all of their arguments, fail to take account of the fact that there are significant differences between jails in which the maximum sentence is for a period of 1 year (RCW 9.92.020), most occupancies being of much briefer duration, and state penal…”
Klem v. Washington Mut. Bank, 295 P.3d 1179 (Wash. 2013). “04.030(1), (5). Gross misdemeanors are crimes under our criminal code as long as “a sentence of imprisonment is authorized.”
Mortell v. State, 118 Wash. App. 846 (Wash. Ct. App. 2003). · cites it 3× “RCW 9.92.020 reads, in part, “Every person convicted of a gross misdemeanor .”
State v. Lewis, 548 P.2d 587 (Wash. Ct. App. 1976). · cites it 3× “020, 4 RCW 9.92.020, 5 and RCW 9.95.010, the court reasoning that imprisonment for any period longer than 1 year necessarily contemplates confinement in the state penitentiary and [s]ince the maximum term for a gross misdemeanor is limited to one year in the county jail, we…”
In Re Pers. Restraint of VanDelft, 147 P.3d 573 (Wash. 2006). “RCW 9.92.020. The Sentencing Reform Act of 1981 (chapter 9.”
Wahleithner v. Thompson, 134 Wash. App. 931 (Wash. Ct. App. 2006). “RCW 9.92.020. Possession of marijuana is a misdemeanor with a maximum penalty of 90 days in jail.”
In re the Pers. Restraint of VanDelft, 158 Wash. 2d 731 (Wash. 2006). “RCW 9.92.020. The Sentencing Reform Act of 1981 (chapter 9.”
State v. Coleman, 576 P.2d 925 (Wash. Ct. App. 1978). · cites it 2× “shall be guilty of grand larceny and be punished by imprisonment in the state penitentiary for not more than fifteen years. A theft of property of a lesser value, however, would constitute a case of petit larceny, a gross misdemeanor for which the maximum punishment could be no…”
State v. Ward, 104 P.3d 670 (Wash. Ct. App. 2004). “270(2); RCW 9.92.020. Misdemeanor offenses are not subject to the imposition of firearm enhancements.”
Couch v. Dep't of Corr., 54 P.3d 197 (Wash. Ct. App. 2002). “050; RCW 9.92.020. See former RCW 9.94A.200, currently codified as RCW 9.”
State v. Wadsworth, 991 P.2d 80 (Wash. 2000). “300(10) and RCW 9.92.020, plus restitution, assessments and court costs.”
State v. Wadsworth, 139 Wash. 2d 724 (Wash. 2000). “300(10) and RCW 9.92.020, plus restitution, assessments and court costs.”
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