Wash. Rev. Code » Title 9A · Chapter 9A.04
Revised Code of Washington

Wash. Rev. Code § 9A.04.060 (2026)

Common law to supplement statute

✓ current as of May 2026
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The provisions of the common law relating to the commission of crime and the punishment thereof, insofar as not inconsistent with the Constitution and statutes of this state, shall supplement all penal statutes of this state and all persons offending against the same shall be tried in the courts of this state having jurisdiction of the offense.
[ 1975 1st ex.s. c 260 s 9A.04.060.]
Notes of Decisions
Cited in 57 cases (3 in the last 5 years), 1979–2026 · leading case: State v. Blake, 481 P.3d 521 (Wash. 2021).
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State v. Blake, 481 P.3d 521 (Wash. 2021). · cites it 9× “” RCW 9A.04.060. Consistent with the common law’s general presumption of mens rea, we should read an intent element into the drug possession statute.”
State v. A.M., 448 P.3d 35 (Wash. 2019). · cites it 2× “" RCW 9A.04.060. We have held that compliance with this directive permits the courts to rely on the common law to determine the elements of crimes.”
State v. David, 134 Wash. App. 470 (Wash. Ct. App. 2006). · cites it 6× “” RCW 9A.04.060 (Laws of 1975, 1st Ex. Sess.”
State v. David, 141 P.3d 646 (Wash. Ct. App. 2006). · cites it 5× “" RCW 9A.04.060 (Laws of 1975, 1st Ex.Sess.”
State v. Engel, 166 Wash. 2d 572 (Wash. 2009). “RCW 9A.04.060. Thus, the plain meaning of “fenced area” may be ascertained by examining the common law.”
State v. Engel, 210 P.3d 1007 (Wash. 2009). “RCW 9A.04.060. Thus, the plain meaning of "fenced area" may be ascertained by examining the common law.”
State v. Jackson, 976 P.2d 1229 (Wash. 1999). · cites it 2× “The State cites RCW 9A.04.060, which provides: “The provisions of the common law relating to the commission of crime and the punishment thereof, insofar as not inconsistent with the Constitution and statutes of this state, shall supplement all penal statutes of this state .”
State v. Smith, 864 P.2d 406 (Wash. Ct. App. 1993). · cites it 5× “RCW 9A.04.060 indicates that the Legislature intended to continue the then-existing rule.”
State v. Chavez, 180 P.3d 1250 (Wash. 2008). · cites it 2× “RCW 9A.04.060. 10 Long before then, the common law provided for the definition of “assault” in criminal cases.”
State v. Coria, 48 P.3d 980 (Wash. 2002). · cites it 2× “RCW 9A.04.060. The defendant’s argument is based on common law larceny.”
State v. Yishmael, 456 P.3d 1172 (Wash. 2020). “2d at 273 ; see also RCW 9A.04.060("The provisions of the common law relating to the commission of crime and the punishment thereof.”
State v. Smith, 75 P.3d 934 (Wash. 2003). “RCW 9A.04.060; Code of 1881, ch. 1, § 1. Even if other states recognized a common law right, Washington had specifically provided otherwise by abolishing the jury's role in sentencing in section 239 of the Laws of 1866.”
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