Wash. Rev. Code » Title 9A · Chapter 9A.04

Wash. Rev. Code § 9A.04.040

Classes of crimes

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(1) An offense defined by this title or by any other statute of this state, for which a sentence of imprisonment is authorized, constitutes a crime. Crimes are classified as felonies, gross misdemeanors, or misdemeanors.
(2) A crime is a felony if it is so designated in this title or by any other statute of this state or if persons convicted thereof may be sentenced to imprisonment for a term in excess of one year. A crime is a misdemeanor if it is so designated in this title or by any other statute of this state or if persons convicted thereof may be sentenced to imprisonment for no more than ninety days. Every other crime is a gross misdemeanor.
[ 1975 1st ex.s. c 260 s 9A.04.040.]
Notes of Decisions
Cited in 24 cases (3 in the last 5 years), 1978–2026 · leading case: State v. Elgin
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State v. Elgin (1992) wash · cites it 6× “515(2) permits imprisonment for over 1 year on a second or subsequent DWI conviction, and that therefore such a conviction is a felony class crime, as defined in RCW 9A.04.040(2). Because the district court is a court of limited jurisdiction *554 and as such lacks jurisdiction…”
State v. Smith (1980) wash · cites it 2× “RCW 9A.04.040. To assume the status of a convicted felon, to lose the right to vote (Const.”
State Of Washington, V Christopher S. Crocker (2016) washctapp · cites it 6× “525(2)(c), crimes are classified in the Washington criminal code under RCW 9A.04.040. RCW 9A.04.040 states, (1) An offense defined by this title or by any other statute of this state, for which a sentence of imprisonment is authorized, constitutes a crime.”
State v. Davis (1984) wash · cites it 2× “RCW 9A.04.040(1) defines "crime" as "[a]n offense defined by this title or by any other statute of this state, for *663 which a sentence of imprisonment is authorized .”
Klem v. Washington Mutual Bank (2013) wash “We note that Washington State asserts criminal jurisdiction over any person “who commits in the state any crime, in whole or in part” or “commits an act without the state which affects persons or property within the state, which, if committed within the state, would be a crime,”…”
Whatcom County v. City of Bellingham (1996) wash “The County contended, under the definition set forth in RCW 9A.04.040, offenses without jail time as a penalty were not crimes.”
United States v. Jermaine Jones (2020) ca6 “02 ; Wash. Rev. Code Ann. § 9A.04.040. And Pennsylvania separates out murders from felonies and misdemeanors.”
State v. Haggard (2020) wash “525(2)(c), courts look to RCW 9A.04.040(1) for the definition: An offense defined by this title or by any other statute of this state, for which a sentence of imprisonment is authorized, constitutes a crime.”
City of Seattle v. Filson (1982) wash · cites it 2× “Evidently, the petitioners' cases fall within that classification, inasmuch as, concededly, they were entitled to demand a jury of six.”
In Re the Personal Restraint of Frederick (1980) wash “) RCW 9A.04.040(1) states a felony is one of the classes of crime.”
In re the Dependency of A.K (2005) washctapp “RCW 9A.04.040. Pursuant to RCW 13.40.0357, an unlisted juvenile offense that is equivalent to an adult gross misdemeanor is a “D” offense.”
In Re Dependency of AK (2005) washctapp “RCW 9A.04.040. Pursuant to RCW 13.40.0357, an unlisted juvenile offense that is equivalent to an adult gross misdemeanor is a "D" offense.”
Show all 24 citing cases →
— Wash. Rev. Code § 9A.04.040(1) — 10 cases
State v. Davis (1984) wash “RCW 9A.04.040(1) defines "crime" as "[a]n offense defined by this title or by any other statute of this state, for *663 which a sentence of imprisonment is authorized .”
Klem v. Washington Mutual Bank (2013) wash “We note that Washington State asserts criminal jurisdiction over any person “who commits in the state any crime, in whole or in part” or “commits an act without the state which affects persons or property within the state, which, if committed within the state, would be a crime,”…”
State v. Haggard (2020) wash “525(2)(c), courts look to RCW 9A.04.040(1) for the definition: An offense defined by this title or by any other statute of this state, for which a sentence of imprisonment is authorized, constitutes a crime.”
In Re the Personal Restraint of Frederick (1980) wash “) RCW 9A.04.040(1) states a felony is one of the classes of crime.”
City of Seattle v. Filson (1982) wash “Evidently, the petitioners' cases fall within that classification, inasmuch as, concededly, they were entitled to demand a jury of six.”
— Wash. Rev. Code § 9A.04.040(2) — 4 cases
State v. Elgin (1992) wash “515(2) permits imprisonment for over 1 year on a second or subsequent DWI conviction, and that therefore such a conviction is a felony class crime, as defined in RCW 9A.04.040(2). Because the district court is a court of limited jurisdiction *554 and as such lacks jurisdiction…”
State Of Washington v. Harold Robert Marquette (2018) washctapp
State v. Knight (1989) washctapp
Fooks v. State (2025) md
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