Wash. Rev. Code » Title 9A · Chapter 9A.20
Revised Code of Washington

Wash. Rev. Code § 9A.20.040 (2026)

Prosecutions related to felonies defined outside Title 9A RCW

✓ current as of May 2026
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In any prosecution under this title where the grade or degree of a crime is determined by reference to the degree of a felony for which the defendant or another previously had been sought, arrested, charged, convicted, or sentenced, if such felony is defined by a statute of this state which is not in Title 9A RCW, unless otherwise provided:
(1) If the maximum sentence of imprisonment authorized by law upon conviction of such felony is twenty years or more, such felony shall be treated as a class A felony for purposes of this title;
(2) If the maximum sentence of imprisonment authorized by law upon conviction of such felony is eight years or more, but less than twenty years, such felony shall be treated as a class B felony for purposes of this title;
(3) If the maximum sentence of imprisonment authorized by law upon conviction of such felony is less than eight years, such felony shall be treated as a class C felony for purposes of this title.
[ 1975 1st ex.s. c 260 s 9A.20.040.]
Notes of Decisions
Cited in 7 cases, 1981–2017 · leading case: State v. Kelley, 889 P.2d 940 (Wash. Ct. App. 1995).
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State v. Kelley, 889 P.2d 940 (Wash. Ct. App. 1995). · cites it 26× “Nonetheless, relying upon RCW 9A.20.040, the State determined to take a blood sample from Kelley, intending to perform a DNA analysis.”
State v. Shannahan, 849 P.2d 1239 (Wash. Ct. App. 1993). · cites it 3× “The court rejected this argument and held that, by virtue of RCW 9A.20.040, 4 felonies defined outside RCW Title 9A are subject to the restitution *516 provisions of RCW 9A.”
State v. Johnson, 759 P.2d 459 (Wash. Ct. App. 1988). “RCW 9A.20.040(2). Thus if Johnson was now convicted of an unclassified crime carrying a 10-year term, his conviction would be considered a class B felony.”
State v. Austin, 692 P.2d 206 (Wash. Ct. App. 1984). “She contends that, because the State's information charged her with an "attempted violation" of the Uniform Controlled Substances Act, she was charged with the anticipatory crime of attempt pursuant to RCW 9A.”
State v. Kersteter, 632 P.2d 897 (Wash. Ct. App. 1981). “520; RCW 9A.20.040) against defendant in superior court.”
State v. Stephan, 671 P.2d 780 (Wash. Ct. App. 1983). · cites it 5× “400 becomes a class B felony because of the following language of RCW 9A.20.040: Prosecutions related to felonies defined outside Title 9A RCW.”
State of Washington v. Maxwell Delvon Jones (Wash. Ct. App. 2017). “RCW 9A.20.040(2). Mr. Jones does not appear to argue that his 3 convictions for felon in possession of a firearm washed out or constituted the same criminal conduct.”
— Wash. Rev. Code § 9A.20.040(1) — 1 case
State v. Kelley, 889 P.2d 940 (Wash. Ct. App. 1995). “Nonetheless, relying upon RCW 9A.20.040, the State determined to take a blood sample from Kelley, intending to perform a DNA analysis.”
— Wash. Rev. Code § 9A.20.040(2) — 3 cases
State v. Kelley, 889 P.2d 940 (Wash. Ct. App. 1995). “Nonetheless, relying upon RCW 9A.20.040, the State determined to take a blood sample from Kelley, intending to perform a DNA analysis.”
State v. Johnson, 759 P.2d 459 (Wash. Ct. App. 1988). “RCW 9A.20.040(2). Thus if Johnson was now convicted of an unclassified crime carrying a 10-year term, his conviction would be considered a class B felony.”
State of Washington v. Maxwell Delvon Jones (Wash. Ct. App. 2017). “RCW 9A.20.040(2). Mr. Jones does not appear to argue that his 3 convictions for felon in possession of a firearm washed out or constituted the same criminal conduct.”
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