Wash. Rev. Code » Title 9A · Chapter 9A.28
Revised Code of Washington

Wash. Rev. Code § 9A.28.010 (2026)

Prosecutions based on felonies defined outside Title 9A RCW

✓ current as of May 2026
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In any prosecution under this title for attempt, solicitation, or conspiracy to commit a felony defined by a statute of this state which is not in this title, 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.28.010.]
Notes of Decisions
Cited in 9 cases, 1983–2017 · leading case: In re the Pers. Restraint of Hopkins, 976 P.2d 616 (Wash. 1999).
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In re the Pers. Restraint of Hopkins, 976 P.2d 616 (Wash. 1999). · cites it 3× “RCW 9A.28.010. An offense that carries a maximum sentence of 10 years is a class B felony.”
In Re Pers. Restraint of Hopkins, 976 P.2d 616 (Wash. 1999). · cites it 3× “RCW 9A.28.010. An offense that carries a maximum sentence of 10 years is a class B felony.”
State v. Caliguri, 664 P.2d 466 (Wash. 1983). “§ 1963 (a) (1976) (maximum sentence for racketeering is 20 years) with RCW 9A.28.010 (conspiracy to commit first degree murder a class A felony) and RCW 9A.”
In Re Pers. Restraint Petition of Hopkins, 948 P.2d 394 (Wash. Ct. App. 1997). · cites it 2× “5 RCW 9A.28.010; RCW 9A.28.030; RCW 9A.28.020.”
State v. Luther, 105 P.3d 56 (Wash. Ct. App. 2005). “2d 401 (1978); RCW 9A.28.010(1). Luther further concedes that it is not a defense to a charge of attempt that the crime was legally or factually impossible under the attendant circumstances.”
State v. Luther, 125 Wash. App. 176 (Wash. Ct. App. 2005). “2d 401 (1978); RCW 9A.28.010(1). Luther further concedes that it is not a defense to a charge of attempt that the crime was legally or factually impossible under the attendant circumstances.”
State of Washington v. Maxwell Delvon Jones (Wash. Ct. App. 2017). · cites it 5× “50 RCW-rather than under Title 9A RCW, a statute that deals with conspiracy in general-then RCW 9A.28.010, which relates to prosecutions of felonies defined outside of Title 9A RCW, applies.”
State Of Washington, V Jeremy Edward Gaines (Wash. Ct. App. 2016). “Specifically, RCW 9A.28.010 criminalizes a solicitation of any crime outside of title 9A, which would include chapter 69.”
State of Washington v. Debra Renee Monroe (Wash. Ct. App. 2016). “Monroe this provision only applies to offenses within the Washington Criminal Code, Title 9A RCW. If a person is prosecuted for a charge not in Title 9A, such as the prosecution of Ms.”
— Wash. Rev. Code § 9A.28.010(1) — 2 cases
State v. Luther, 105 P.3d 56 (Wash. Ct. App. 2005). “2d 401 (1978); RCW 9A.28.010(1). Luther further concedes that it is not a defense to a charge of attempt that the crime was legally or factually impossible under the attendant circumstances.”
State v. Luther, 125 Wash. App. 176 (Wash. Ct. App. 2005). “2d 401 (1978); RCW 9A.28.010(1). Luther further concedes that it is not a defense to a charge of attempt that the crime was legally or factually impossible under the attendant circumstances.”
— Wash. Rev. Code § 9A.28.010(2) — 4 cases
In re the Pers. Restraint of Hopkins, 976 P.2d 616 (Wash. 1999). “RCW 9A.28.010. An offense that carries a maximum sentence of 10 years is a class B felony.”
In Re Pers. Restraint of Hopkins, 976 P.2d 616 (Wash. 1999). “RCW 9A.28.010. An offense that carries a maximum sentence of 10 years is a class B felony.”
In Re Pers. Restraint Petition of Hopkins, 948 P.2d 394 (Wash. Ct. App. 1997). “5 RCW 9A.28.010; RCW 9A.28.030; RCW 9A.28.020.”
State of Washington v. Maxwell Delvon Jones (Wash. Ct. App. 2017). “50 RCW-rather than under Title 9A RCW, a statute that deals with conspiracy in general-then RCW 9A.28.010, which relates to prosecutions of felonies defined outside of Title 9A RCW, applies.”
— Wash. Rev. Code § 9A.28.010(3) — 1 case
State of Washington v. Maxwell Delvon Jones (Wash. Ct. App. 2017). “50 RCW-rather than under Title 9A RCW, a statute that deals with conspiracy in general-then RCW 9A.28.010, which relates to prosecutions of felonies defined outside of Title 9A RCW, applies.”
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