Wash. Rev. Code » Title 9A · Chapter 9A.16
Revised Code of Washington

Wash. Rev. Code § 9A.16.090 (2026)

Intoxication

✓ current as of May 2026
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No act committed by a person while in a state of voluntary intoxication shall be deemed less criminal by reason of his or her condition, but whenever the actual existence of any particular mental state is a necessary element to constitute a particular species or degree of crime, the fact of his or her intoxication may be taken into consideration in determining such mental state.
[ 2011 c 336 s 355; 1975 1st ex.s. c 260 s 9A.16.090.]
Notes of Decisions
Cited in 61 cases (4 in the last 5 years), 1977–2024 · leading case: State v. Coates, 735 P.2d 64 (Wash. 1987).
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State v. Coates, 735 P.2d 64 (Wash. 1987). · cites it 38× “The voluntary intoxication statute, RCW 9A.16.090, provides: No act committed by a person while in a state of voluntary intoxication shall be deemed less criminal by reason of his condition, but whenever the actual existence of any particular mental state is a necessary element…”
State v. Schierman, 415 P.3d 106 (Wash. 2018). · cites it 4× “The court rejected that argument because the WPIC mirrored the language in RCW 9A.16.090, the Washington criminal code statute addressing voluntary intoxication.”
State v. Stevens, 143 P.3d 817 (Wash. 2006). · cites it 2× “The proposed instruction does not misstate the law under RCW 9A.16.090. 1 *309 ¶7 Child molestation in the second degree requires a person to have, or to knowingly cause another person under the age of 18 to have, sexual contact with a person who is between the ages of 12 and 14.”
State v. Hutsell, 845 P.2d 1325 (Wash. 1993). · cites it 3× “090 provides: No act committed by a person while in a state of voluntary intoxication shall be deemed less criminal by reason of his condition, but whenever the actual existence of any particular mental state is a necessary element to constitute a particular species or degree of…”
State Of Washington v. George Abraham Dillon, 456 P.3d 1199 (Wash. Ct. App. 2020). “2d 452 (2000); RCW 9A.16.090. Since Dillon’s defense was that he was too intoxicated to form the requisite mental state, more testimony about Dillon’s level of intoxication had a low prejudicial effect.”
State v. Boyd, 586 P.2d 878 (Wash. Ct. App. 1978). · cites it 4× “RCW 9A.16.090, WPIC 18.10. On the basis of the testimony that Boyd had no intent to rob Plith, his counsel proposed an instruction on simple assault as a lesser included offense.”
State v. Deer, 287 P.3d 539 (Wash. 2012). · cites it 2× “We have stated that when crimes require proof of a mental state, RCW 9A.16.090 allows intoxication, voluntary or not, to be taken into account in determining a mental state.”
State v. Furman, 858 P.2d 1092 (Wash. 1993). · cites it 2× “[31] RCW 9A.16.090; State v. Coates, 107 Wn.2d 882 , 735 P.”
State v. Simmons, 635 P.2d 745 (Wash. Ct. App. 1981). · cites it 4× “[ 2 ] *435 Instead of giving defendant's proposed instruction, the trial court instructed the jury that "no act committed by a person while in a state of voluntary intoxication shall be deemed less criminal by reason of his condition." Whether defendant was entitled to an…”
State v. Johnson, 600 P.2d 1249 (Wash. 1979). “Upon the subject of diminished capacity, trial counsel requested and secured an instruction setting forth the intoxication defense provided under RCW 9A.16.090. *683 No act committed by a person while in a state of voluntary intoxication shall be deemed less criminal by reason…”
State v. James, 736 P.2d 700 (Wash. Ct. App. 1987). · cites it 3× “Further, the court instructed the jury on intoxication pursuant to RCW 9A.16.090. However, the court declined expressly to instruct that the State had the burden of disproving the defense of diminished capacity caused by voluntary intoxication.”
State v. Jones, 628 P.2d 472 (Wash. 1981). “Finally, the court gave the following instruction on intoxication: No act committed by a person while in a state of voluntary intoxication is less criminal by reason of that condition, but whenever the actual existence of any particular mental state is a necessary element to…”
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