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

Wash. Rev. Code § 9A.28.020 (2026)

Criminal attempt

✓ current as of May 2026
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(1) A person is guilty of an attempt to commit a crime if, with intent to commit a specific crime, he or she does any act which is a substantial step toward the commission of that crime.
(2) If the conduct in which a person engages otherwise constitutes an attempt to commit a crime, it is no defense to a prosecution of such attempt that the crime charged to have been attempted was, under the attendant circumstances, factually or legally impossible of commission.
(3) An attempt to commit a crime is a:
(a) Class A felony when the crime attempted is murder in the first degree, murder in the second degree, arson in the first degree, child molestation in the first degree, indecent liberties by forcible compulsion, rape in the first degree, rape in the second degree, rape of a child in the first degree, or rape of a child in the second degree;
(b) Class B felony when the crime attempted is a class A felony other than an offense listed in (a) of this subsection;
(c) Class C felony when the crime attempted is a class B felony;
(d) Gross misdemeanor when the crime attempted is a class C felony;
(e) Misdemeanor when the crime attempted is a gross misdemeanor or misdemeanor.
[ 2001 2nd sp.s. c 12 s 354; 1994 c 271 s 101; 1981 c 203 s 3; 1975 1st ex.s. c 260 s 9A.28.020.]

Notes:

Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 ss 301-363: See note following RCW 9.94A.030.
Purpose—1994 c 271: "The purpose of chapter 271, Laws of 1994 is to make certain technical corrections and correct oversights discovered only after unanticipated circumstances have arisen. These changes are necessary to give full expression to the original intent of the legislature." [ 1994 c 271 s 1.]
Severability—1994 c 271: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1994 c 271 s 1103.]
Notes of Decisions
Cited in 438 cases (65 in the last 5 years), 1977–2026 · leading case: State v. Johnson, 270 P.3d 591 (Wash. 2012).
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State v. Johnson, 270 P.3d 591 (Wash. 2012). · cites it 9× “The Model Penal Code defines criminal attempt more broadly than does RCW 9A.28.020: *906 A person is guilty of an attempt to commit a crime if, acting with the kind of culpability otherwise required for commission of the crime, he: (a) purposely engages in conduct that would…”
State v. Luther, 134 P.3d 205 (Wash. 2006). · cites it 5× “070 and RCW 9A.28.020 together are not constitutionally overbroad in prohibiting the attempted possession of depictions of minors engaged in sexually explicit conduct.”
State v. Luther, 134 P.3d 205 (Wash. 2006). · cites it 5× “¶ 16 The criminal attempt statute, RCW 9A.28.020, provides that "[a] person is guilty of an attempt to commit a crime if, with intent to commit a specific crime, he or she does any act which is a substantial step toward the commission of that crime.”
State v. Workman, 584 P.2d 382 (Wash. 1978). · cites it 3× “The trial courts both rejected the proposed instruction and gave an instruction properly based on our attempt statute, RCW 9A.28.020. The instruction given correctly stated that a person is guilty of attempt if, with intent to commit a specific crime, he does any act which is a…”
In re the Pers. Restraint of Hopkins, 976 P.2d 616 (Wash. 1999). · cites it 6× “RCW 9A.28.020; RCW 9A.28-.030. Thus, for example, if the underlying crime is a class B felony, solicitation of that crime is a class C felony.”
In Re Borrero, 167 P.3d 1106 (Wash. 2007). · cites it 4× “" RCW 9A.28.020(1). Since the same evidence test requires the court to determine whether each offense requires proof of a fact that the other does not, the "abstract" term "substantial step" must be given a factual definition to assess whether the attempted crime requires proof…”
In re the Pers. Restraint of Borrero, 161 Wash. 2d 532 (Wash. 2007). · cites it 4× “” RCW 9A.28.020(1). Since the same evidence test requires the court to determine whether each offense requires proof of a fact that the other does not, the “abstract” term “substantial step” must be given a factual definition to assess whether the attempted crime requires proof…”
State v. Patel, 170 Wash. 2d 476 (Wash. 2010). · cites it 17× “Chhom sought to merge the attempt statute (RCW 9A.28.020) with the underlying of *491 fense (here, RCW 9A.”
State v. Smith, 801 P.2d 975 (Wash. 1990). · cites it 4× “*782 [2] The crime in this case was attempted first degree murder. To convict Smith of attempted murder, the State was required to prove that Smith: "(1) actually intended to take a life; and (2) took a substantial step toward the commission of the act.”
State v. Lynn, 835 P.2d 251 (Wash. Ct. App. 1992). · cites it 3× “We note that Lynn was not charged under the general attempt statute, RCW 9A.28.020, but under RCW 69.50- *349 .”
State v. Newbern, 975 P.2d 1041 (Wash. Ct. App. 1999). · cites it 5× “030(1)(a) and RCW 9A.28.020, while armed with a firearm, RCW 9.”
State v. Wade, 346 P.3d 838 (Wash. Ct. App. 2015). · cites it 3× “The criminal attempt statute, RCW 9A.28.020(1), states: A person is guilty of an attempt to commit a crime if, with intent to commit a specific crime, he or she does any act which is a substantial step toward the commission of that crime.”
Show all 438 citing cases →
— Wash. Rev. Code § 9A.28.020(1) — 245 cases
State v. Johnson, 270 P.3d 591 (Wash. 2012). “The Model Penal Code defines criminal attempt more broadly than does RCW 9A.28.020: *906 A person is guilty of an attempt to commit a crime if, acting with the kind of culpability otherwise required for commission of the crime, he: (a) purposely engages in conduct that would…”
In Re Borrero, 167 P.3d 1106 (Wash. 2007). “" RCW 9A.28.020(1). Since the same evidence test requires the court to determine whether each offense requires proof of a fact that the other does not, the "abstract" term "substantial step" must be given a factual definition to assess whether the attempted crime requires proof…”
In re the Pers. Restraint of Borrero, 161 Wash. 2d 532 (Wash. 2007). “” RCW 9A.28.020(1). Since the same evidence test requires the court to determine whether each offense requires proof of a fact that the other does not, the “abstract” term “substantial step” must be given a factual definition to assess whether the attempted crime requires proof…”
State v. Smith, 801 P.2d 975 (Wash. 1990). “*782 [2] The crime in this case was attempted first degree murder. To convict Smith of attempted murder, the State was required to prove that Smith: "(1) actually intended to take a life; and (2) took a substantial step toward the commission of the act.”
State v. Luther, 134 P.3d 205 (Wash. 2006). “070 and RCW 9A.28.020 together are not constitutionally overbroad in prohibiting the attempted possession of depictions of minors engaged in sexually explicit conduct.”
— Wash. Rev. Code § 9A.28.020(2) — 42 cases
State v. Johnson, 270 P.3d 591 (Wash. 2012). “The Model Penal Code defines criminal attempt more broadly than does RCW 9A.28.020: *906 A person is guilty of an attempt to commit a crime if, acting with the kind of culpability otherwise required for commission of the crime, he: (a) purposely engages in conduct that would…”
State v. Townsend, 57 P.3d 255 (Wash. 2002).
State v. Price, 14 P.3d 841 (Wash. Ct. App. 2000).
State v. Lynn, 835 P.2d 251 (Wash. Ct. App. 1992). “We note that Lynn was not charged under the general attempt statute, RCW 9A.28.020, but under RCW 69.50- *349 .”
State v. Luther, 134 P.3d 205 (Wash. 2006). “070 and RCW 9A.28.020 together are not constitutionally overbroad in prohibiting the attempted possession of depictions of minors engaged in sexually explicit conduct.”
— Wash. Rev. Code § 9A.28.020(3) — 7 cases
State v. Bryce, 707 P.2d 694 (Wash. Ct. App. 1985).
State v. Brooks, 107 Wash. App. 925 (Wash. Ct. App. 2001).
State v. Powell, 162 P.3d 1180 (Wash. Ct. App. 2007).
State v. Powell, 139 Wash. App. 808 (Wash. Ct. App. 2007).
In Re Pers. Restraint Petition of Hopkins, 948 P.2d 394 (Wash. Ct. App. 1997).
— Wash. Rev. Code § 9A.28.020(3)(a) — 11 cases
State v. Gonzalez-Lopez, 132 P.3d 1128 (Wash. Ct. App. 2006).
State v. J.C., 366 P.3d 455 (Wash. Ct. App. 2016).
State of Washington v. Travis Michael Cliett (Wash. Ct. App. 2016).
State Of Washington, V. Ronald J. Bianchi (Wash. Ct. App. 2022).
State v. Gonzalez-Lopez, 132 P.3d 1128 (Wash. Ct. App. 2006).
— Wash. Rev. Code § 9A.28.020(3)(b) — 10 cases
In re the Pers. Restraint of Smith, 139 Wash. 2d 199 (Wash. 1999).
In Re Smith, 986 P.2d 131 (Wash. 1999).
State Of Washington v. Joshua James Frost (Wash. Ct. App. 2020).
State Of Washington, Resp. v. Zachary Nguyen, App. (Wash. Ct. App. 2016).
State of Washington v. Travis Michael Cliett (Wash. Ct. App. 2016).
— Wash. Rev. Code § 9A.28.020(3)(c) — 28 cases
State v. Wade, 346 P.3d 838 (Wash. Ct. App. 2015). “The criminal attempt statute, RCW 9A.28.020(1), states: A person is guilty of an attempt to commit a crime if, with intent to commit a specific crime, he or she does any act which is a substantial step toward the commission of that crime.”
In re the Pers. Restraint of Hopkins, 976 P.2d 616 (Wash. 1999). “RCW 9A.28.020; RCW 9A.28-.030. Thus, for example, if the underlying crime is a class B felony, solicitation of that crime is a class C felony.”
State v. Pittman, 134 Wash. App. 376 (Wash. Ct. App. 2006).
In Re Pers. Restraint of Hopkins, 976 P.2d 616 (Wash. 1999).
State v. Morley, 952 P.2d 167 (Wash. 1998).
— Wash. Rev. Code § 9A.28.020(3)(d) — 9 cases
State v. Roby, 840 P.2d 218 (Wash. Ct. App. 1992).
State v. Wilson, 170 Wash. 2d 682 (Wash. 2010).
State v. Wilson, 244 P.3d 950 (Wash. 2010).
State v. R.L.D., 132 Wash. App. 699 (Wash. Ct. App. 2006).
State v. RLD, 133 P.3d 505 (Wash. Ct. App. 2006).
— Wash. Rev. Code § 9A.28.020(3)(e) — 1 case
City of Seattle v. Hogan, 766 P.2d 1134 (Wash. Ct. App. 1989).
— Wash. Rev. Code § 9A.28.020(c) — 1 case
State v. Pittman, 166 P.3d 720 (Wash. Ct. App. 2006).
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