Wash. Rev. Code » Title 9 · Chapter 9.94A
Revised Code of Washington

Wash. Rev. Code § 9.94A.834 (2026)

✓ current as of May 2026
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(1) The prosecuting attorney may file a special allegation of endangerment by eluding in every criminal case involving a charge of attempting to elude a police vehicle under RCW 46.61.024, when sufficient admissible evidence exists, to show that one or more persons other than the defendant or the pursuing law enforcement officer were threatened with physical injury or harm by the actions of the person committing the crime of attempting to elude a police vehicle.
(2) In a criminal case in which there has been a special allegation, the state shall prove beyond a reasonable doubt that the accused committed the crime while endangering one or more persons other than the defendant or the pursuing law enforcement officer. The court shall make a finding of fact of whether or not one or more persons other than the defendant or the pursuing law enforcement officer were endangered at the time of the commission of the crime, or if a jury trial is had, the jury shall, if it finds the defendant guilty, also find a special verdict as to whether or not one or more persons other than the defendant or the pursuing law enforcement officer were endangered during the commission of the crime.
[ 2008 c 219 s 2.]

Notes:

Short title—2008 c 219: "This act may be known and cited as the Guillermo "Bobby" Aguilar and Edgar F. Trevino-Mendoza public safety act of 2008." [ 2008 c 219 s 1.]
Notes of Decisions
Cited in 25 cases (7 in the last 5 years), 2011–2025 · leading case: State Of Washington v. Thomas Joseph Feely, 368 P.3d 514 (Wash. Ct. App. 2016).
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State Of Washington v. Thomas Joseph Feely, 368 P.3d 514 (Wash. Ct. App. 2016). · cites it 2× “¶1 Under RCW 9.94A.834, a trial court may impose an endangerment enhancement for the crime of attempting to elude a pursuing police vehicle when “one or more persons other than the defendant or the pursuing law enforcement officer” were endangered by the actions of the defendant…”
Armando Ruiz-Lopez v. Eric Holder, Jr., 682 F.3d 513 (6th Cir. 2012). “Wash. Rev.Code § 9.94A.834 (2008). We take no position on whether these changes to the sentencing provisions and the requisite mens rea under § 46.”
State v. Hunley, 253 P.3d 448 (Wash. Ct. App. 2011). “The State also filed a *924 special allegation under RCW 9.94A.834, alleging that one or more persons other than the defendant or the pursuing officer were threatened by Hunley’s attempt to elude a police vehicle.”
State v. Williams, 313 P.3d 470 (Wash. Ct. App. 2013). · cites it 6× “Williams argues that defects in the information and special verdict instructions regarding the sentencing enhancement of endangering the public pursuant to RCW 9.94A.834 mandate reversal. We affirm.”
State Of Washington v. Jessie Dean Britain (Wash. Ct. App. 2016). · cites it 7× “Neither the State nor Britain objected to the 1 RCW 9.94A.834. 3 No. 46616-3-II instructions.”
State of Washington v. Benjamin Charles Fisher (Wash. Ct. App. 2018). · cites it 4× “He contends the evidence fails to show that he created a risk of harm that differed from the ordinary harm to third parties incident to driving recklessly. We disagree and affirm the enhancement.”
State Of Washington v. Anthony Lewis Williams (Wash. Ct. App. 2013). · cites it 6× “Williams argues that defects in the information and special verdict instructions regarding the sentencing enhancement of endangering the public pursuant to RCW 9.94A.834 mandate reversal. We affirm.”
State Of Washington v. Destry Adam Schnebly (Wash. Ct. App. 2017). · cites it 3× “as provided by RCW 9.94A.834."1 At trial, Schnebly admitted that he was guilty of attempting to elude a police vehicle.”
State Of Washington, V Anthony Joshua Tolman (Wash. Ct. App. 2016). · cites it 2× “RCW 9.94A.834(1), endangerment by eluding a police vehicle, provides, (1) The prosecuting attorney may file a special allegation of endangerment by eluding .”
State Of Washington, V Anthony Joshua Tolman (Wash. Ct. App. 2016). · cites it 2× “RCW 9.94A.834(1), endangerment by eluding a police vehicle, provides, (1) The prosecuting attorney may file a special allegation of endangerment by eluding .”
State of Washington v. Shaun Paul Davis (Wash. Ct. App. 2018). · cites it 2× “Davis] under the provisions of RCW 9.94A.834.” Id. The case proceeded to a jury trial and the witnesses testified consistent with the facts described above.”
State of Washington v. Michael Jeremy Aichele (Wash. Ct. App. 2021). · cites it 2× “At trial on charges of eluding a police officer, the prosecuting attorney can make a special allegation of endangerment pursuant to RCW 9.94A.834. Ultimately, it is the jury’s responsibility to find whether this allegation was proved beyond a reasonable doubt.”
Show all 25 citing cases →
— Wash. Rev. Code § 9.94A.834(1) — 10 cases
State v. Williams, 313 P.3d 470 (Wash. Ct. App. 2013). “Williams argues that defects in the information and special verdict instructions regarding the sentencing enhancement of endangering the public pursuant to RCW 9.94A.834 mandate reversal. We affirm.”
State Of Washington, V Anthony Joshua Tolman (Wash. Ct. App. 2016). “RCW 9.94A.834(1), endangerment by eluding a police vehicle, provides, (1) The prosecuting attorney may file a special allegation of endangerment by eluding .”
State Of Washington v. Dale H. Oya, Iii (Wash. Ct. App. 2016).
State Of Washington, V Anthony Joshua Tolman (Wash. Ct. App. 2016). “RCW 9.94A.834(1), endangerment by eluding a police vehicle, provides, (1) The prosecuting attorney may file a special allegation of endangerment by eluding .”
State Of Washington v. Destry Adam Schnebly (Wash. Ct. App. 2017). “as provided by RCW 9.94A.834."1 At trial, Schnebly admitted that he was guilty of attempting to elude a police vehicle.”
— Wash. Rev. Code § 9.94A.834(2) — 10 cases
State Of Washington v. Jessie Dean Britain (Wash. Ct. App. 2016). “Neither the State nor Britain objected to the 1 RCW 9.94A.834. 3 No. 46616-3-II instructions.”
State v. Williams, 313 P.3d 470 (Wash. Ct. App. 2013). “Williams argues that defects in the information and special verdict instructions regarding the sentencing enhancement of endangering the public pursuant to RCW 9.94A.834 mandate reversal. We affirm.”
State Of Washington, V Anthony Joshua Tolman (Wash. Ct. App. 2016). “RCW 9.94A.834(1), endangerment by eluding a police vehicle, provides, (1) The prosecuting attorney may file a special allegation of endangerment by eluding .”
State Of Washington, V Charles Buddy Satiacum, Iii (Wash. Ct. App. 2016).
State Of Washington, V Anthony Joshua Tolman (Wash. Ct. App. 2016). “RCW 9.94A.834(1), endangerment by eluding a police vehicle, provides, (1) The prosecuting attorney may file a special allegation of endangerment by eluding .”
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