Revised Code of Washington
Wash. Rev. Code § 9A.16.030 (2026)
✓ current as of May 2026
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Homicide is excusable when committed by accident or misfortune in doing any lawful act by lawful means, without criminal negligence, or without any unlawful intent.
Notes:
Effective date—1979 ex.s. c 244: See RCW 9A.44.902.
Notes of Decisions
Cited in 25
cases (4 in the last 5 years), 1980–2025 · leading case: State v. Brightman, 122 P.3d 150 (Wash. 2005).
State v. Brightman, 122 P.3d 150 (Wash. 2005). “In other words, Brightman claims he was using reasonable force to repel Villa by hitting him with the gun, and Villa's death was merely an unintended consequence. ¶ 34 Washington's excusable homicide statute reads: Homicide is excusable when committed by accident or misfortune…”
State v. Brightman, 155 Wash. 2d 506 (Wash. 2005). “RCW 9A.16.030. Whether Brightman is entitled to such an instruction is an issue for the trial court on remand, should Brightman request an excusable homicide instruction on retrial.”
State v. Henderson, 430 P.3d 637 (Wash. 2018). “010 requires an unjustifiable homicide which is not criminal to be excusable, the statutory definition of excusable homicide is merely a descriptive guide to the general characteristics of a homicide which is neither murder nor manslaughter.”
State v. Betts, 514 P.3d 341 (Kan. 2022). “05 (self- defense justification "unavailable in a prosecution for the reckless injury or killing of the innocent third person"); Wash. Rev. Code Ann. § 9A.16.030 ("Homicide is excusable when committed by accident or misfortune in doing any lawful act by lawful means, without…”
In Re the Pers. Restraint of Rupe, 798 P.2d 780 (Wash. 1990). “See RCW 9A.16.030 (excusable homicide); RCW 9A.”
State v. Slaughter, 143 Wash. App. 936 (Wash. Ct. App. 2008). “” RCW 9A.16.030. In turn, RCW 9A.16.020(3) establishes that the use of force is lawful when the person is about to be injured, so long as the force used is not more than necessary.”
State v. Mercer, 663 P.2d 857 (Wash. Ct. App. 1983). “The instructions given allowed the defendant a full range of argument on his theory that the death was due to accident or misfortune (and therefore excusable pursuant to RCW 9A.16.030). In this pre-State v. McCullum, 98 Wn.”
State v. Norman, 808 P.2d 1159 (Wash. Ct. App. 1991). “" RCW 9A.16.030; WPIC 15.01 (Supp. 1986). An excusable homicide defense by definition is not available to a defendant who acts recklessly or with criminal negligence, even if otherwise acting lawfully in the exercise of religious belief.”
State v. Burt, 614 P.2d 654 (Wash. 1980). “It went on to state that a homicide is excusable when (1) committed by accident or misfortune, (2) in doing any lawful act by lawful means, (3) without criminal negligence, and (4) without unlawful intent.”
State v. Beel, 648 P.2d 443 (Wash. Ct. App. 1982). “829 (RCW 9A.16.030). However, that statute was amended in 1979 as follows: Homicide is excusable when committed by accident or misfortune in doing any lawful act by lawful means, without criminal negligence, or without any unlawful intent.”
In Re the Pers. Restraint of Mercer, 741 P.2d 559 (Wash. 1987). “The court, citing Acosta , held that it was constitutional error not to have instructed the jury that the State must prove the absence of excuse, see RCW 9A.16.030, and reasoned that more likely than not, the defendant was actually and substantially prejudiced by the jury not…”
State v. Bell, 805 P.2d 815 (Wash. Ct. App. 1991). “" RCW 9A.16.030. The trial court refused to give Bell's proposed excusable homicide instruction on the ground that Bell failed to produce any evidence that the homicide was accidental.”
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