Revised Code of Washington
Wash. Rev. Code § 9A.04.050 (2026)
✓ current as of May 2026
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Children under the age of eight years are incapable of committing crime. Children of eight and under twelve years of age are presumed to be incapable of committing crime, but this presumption may be removed by proof that they have sufficient capacity to understand the act or neglect, and to know that it was wrong. Whenever in legal proceedings it becomes necessary to determine the age of a child, he or she may be produced for inspection, to enable the court or jury to determine the age thereby; and the court may also direct his or her examination by one or more physicians, whose opinion shall be competent evidence upon the question of his or her age.
Notes of Decisions
Cited in 70
cases (4 in the last 5 years), 1983–2026 · leading case: Miller v. Alabama, 132 S. Ct. 2455 (2012).
Miller v. Alabama, 132 S. Ct. 2455 (2012). “13, §2311(a) (2009) (age 10); Wash. Rev. Code §§9A.04.050, 13.40.110 (2010), §10.”
State v. Schaaf, 743 P.2d 240 (Wash. 1987). “[21] Juveniles thus are entitled to use the infancy defense in RCW 9A.04.050. "Being a criminal defense, RCW 9A.”
State v. Ramer, 151 Wash. 2d 106 (Wash. 2004). “2d 704 (1997); RCW 9A.04.050. The statute provides, in part: Children under the age of eight years are incapable of committing crime.”
State v. Ramer, 86 P.3d 132 (Wash. 2004). “2d 704 (1997); RCW 9A.04.050. The statute provides, in part: Children under the age of eight years are incapable of committing crime.”
State v. Shawn P., 859 P.2d 1220 (Wash. 1993). “See RCW 9A.04.050. Thus, it is the 12th birthday, not the 13th, which determines when minors acquire the mental capacity to determine their own actions and hence when they are capable of being deterred.”
State v. Bobenhouse, 214 P.3d 907 (Wash. 2009). “RCW 9A.04.050. Bobenhouse's legal impossibility claim rests on the age requirements set out in our statutes for the crimes of rape and incest and committing crimes in general.”
State v. Bobenhouse, 166 Wash. 2d 881 (Wash. 2009). “RCW 9A.04.050. Bobenhouse’s legal impossibility claim rests on the age requirements set out in our statutes for the crimes of rape and incest, and committing crimes in general.”
State v. Dowling, 656 P.2d 497 (Wash. 1983). “On November 14, 1979, the court granted defendant's motion to dismiss, concluding that pursuant to RCW 9A.04.050 defendant was presumed incapable of committing a crime and the State had not presented sufficient evidence to overcome that presumption.”
State v. Linares, 880 P.2d 550 (Wash. Ct. App. 1994). “Carlos Linares and Isaac Pam appeal their juvenile convictions on the grounds that the court erred in (1) considering their improperly obtained custodial statements at their capacity hearings and (2) concluding that they were capable, under RCW 9A.04.050, of committing the…”
In re Pers. Restraint of Monschke, 482 P.3d 276 (Wash. 2021). “RCW 9A.04.050. And children between 8 and 12 are presumed incapable of committing crime.”
State of Washington v. Russell Paul Kassner, 427 P.3d 659 (Wash. Ct. App. 2018). “Kassner argued that the trial court failed to conduct a hearing, as required by RCW 9A.04.050, on whether he had sufficient capacity to commit the crime when he was 10.”
State v. Golden, 47 P.3d 587 (Wash. Ct. App. 2002). “RCW 9A.04.050. The presumption of incapacity may be overcome only by proof that is clear, cogent, and convincing.”
— Wash. Rev. Code § 9A.04.050(1) — 1 case
State v. Golden, 47 P.3d 587 (Wash. Ct. App. 2002). “RCW 9A.04.050. The presumption of incapacity may be overcome only by proof that is clear, cogent, and convincing.”
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