Revised Code of Washington

Wash. Rev. Code § 9A.32.030 (2026)

Murder in the first degree

✓ current as of May 2026

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(1) A person is guilty of murder in the first degree when:

(a) With a premeditated intent to cause the death of another person, he or she causes the death of such person or of a third person; or

(b) Under circumstances manifesting an extreme indifference to human life, he or she engages in conduct which creates a grave risk of death to any person, and thereby causes the death of a person; or

(c) He or she commits or attempts to commit the crime of either (1) robbery in the first or second degree, (2) rape in the first or second degree, (3) burglary in the first degree, (4) arson in the first or second degree, or (5) kidnapping in the first or second degree, and in the course of or in furtherance of such crime or in immediate flight therefrom, he or she, or another participant, causes the death of a person other than one of the participants: Except that in any prosecution under this subdivision (1)(c) in which the defendant was not the only participant in the underlying crime, if established by the defendant by a preponderance of the evidence, it is a defense that the defendant:

(i) Did not commit the homicidal act or in any way solicit, request, command, importune, cause, or aid the commission thereof; and

(ii) Was not armed with a deadly weapon, or any instrument, article, or substance readily capable of causing death or serious physical injury; and

(iii) Had no reasonable grounds to believe that any other participant was armed with such a weapon, instrument, article, or substance; and

(iv) Had no reasonable grounds to believe that any other participant intended to engage in conduct likely to result in death or serious physical injury.

(2) Murder in the first degree is a class A felony.

[ 1990 c 200 s 1; 1975-'76 2nd ex.s. c 38 s 3; 1975 1st ex.s. c 260 s 9A.32.030.]

Notes:

Effective date—Severability—1975-'76 2nd ex.s. c 38: See notes following RCW 9A.08.020.

Notes of Decisions

Cited in 552 cases (77 in the last 5 years), 1976–2026 · leading case: State v. Anderson, 638 P.2d 1205 (Wash. 1982).

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State v. Anderson, 638 P.2d 1205 (Wash. 1982). · cites it 49× “NOTES [1] RCW 9A.32.030 reads in part: "Murder in the first degree.”

State v. Irizarry, 763 P.2d 432 (Wash. 1988). · cites it 35× “[3] *593 The first degree murder statute (RCW 9A.32.030) defines the three different ways in which the crime of murder in the first degree can be committed: 1.”

State v. Muhammad, 451 P.3d 1060 (Wash. 2019). · cites it 12× “and in the course of or in furtherance of such crime or in immediate flight therefrom, he or she, or another participant, causes the death of a person other than one of the participants.”

State v. Green, 588 P.2d 1370 (Wash. 1979). · cites it 22× “The aggravated murder statute states: A person is guilty of aggravated murder in the first degree when he commits murder in the first degree as defined in RCW 9A.32.030 under or accompanied by any of the following circumstances: .”

State v. McCullum, 656 P.2d 1064 (Wash. 1983). · cites it 12× “RCW 9A.32.030; RCW 9A.32.050; RCW 9A.32.060; RCW 9A.”

State v. Kwan Fai Mak, 718 P.2d 407 (Wash. 1986). · cites it 10× “The defendant assigns error to the trial court's failure to instruct the jury on the lesser included offense of premeditated first degree murder as defined by RCW 9A.32.030-(l)(a). This was not error because not only was no such instruction requested by the defendant, 111 but…”

State v. Dennison, 801 P.2d 193 (Wash. 1990). · cites it 11× “See RCW 9A.32.030. [1, 2] Because Washington's felony murder statute clearly holds felons strictly responsible for any deaths occurring under the conditions specified by the statute, the issue is whether Dennison's actions fall within the statute.”

State v. Roberts, 14 P.3d 713 (Wash. 2000). · cites it 9× ““A person is guilty of aggravated first degree murder if he or she commits first degree murder as defined by RCW 9A.32.030(l)(a)” and one or more statutory aggravating circumstances exists.”

State v. Brett, 892 P.2d 29 (Wash. 1995). · cites it 8× “020(9)(a), which provides: A person is guilty of aggravated first degree murder if he or she commits first degree murder as defined by RCW 9A.32.030(1)(a) ... and one or more of the following aggravating circumstances exist: .”

State Of Washington, V. Timothy Forrest Bass, 491 P.3d 988 (Wash. Ct. App. 2021). · cites it 10× “Third, Bass contends convicting him under the 1990 version of RCW 9A.32.030 for a crime committed in 1989 either violated the prohibition against ex post facto laws or violated his right to due process.”

State v. Anderson, 616 P.2d 612 (Wash. 1980). · cites it 16× “Two informations were filed on August 8, 1977: (1) charging defendant with murder in the first degree under RCW 9A.32.030(1)(b), and (2) charging defendant with manslaughter in the first degree under RCW 9A.”

State v. Yarbrough, 210 P.3d 1029 (Wash. Ct. App. 2009). · cites it 6× “" [3] The trial court's order admitting gang-related evidence also allowed the State to present evidence that the two rival gangs had an altercation at the King Oscar Hotel that took place before the July 4, 2006 incident at the Tacoma waterfront, but the State chose not to…”

Show all 552 citing cases →

— Wash. Rev. Code § 9A.32.030(1) — 32 cases

State v. Anderson, 638 P.2d 1205 (Wash. 1982). “NOTES [1] RCW 9A.32.030 reads in part: "Murder in the first degree.”

State v. Irizarry, 763 P.2d 432 (Wash. 1988). “[3] *593 The first degree murder statute (RCW 9A.32.030) defines the three different ways in which the crime of murder in the first degree can be committed: 1.”

State v. Dennison, 801 P.2d 193 (Wash. 1990). “See RCW 9A.32.030. [1, 2] Because Washington's felony murder statute clearly holds felons strictly responsible for any deaths occurring under the conditions specified by the statute, the issue is whether Dennison's actions fall within the statute.”

United States v. Randly Begay, 934 F.3d 1033 (9th Cir. 2019).

State Of Washington v. Joshua Lambert, 395 P.3d 1080 (Wash. Ct. App. 2017).

— Wash. Rev. Code § 9A.32.030(1)(C) — 1 case

State v. Pang, 940 P.2d 1293 (Wash. 1997).

— Wash. Rev. Code § 9A.32.030(1)(a) — 181 cases

State v. Hoffman, 804 P.2d 577 (Wash. 1991).

State v. Yates, 168 P.3d 359 (Wash. 2007).

State v. Yates, 161 Wash. 2d 714 (Wash. 2007).

State v. Kwan Fai Mak, 718 P.2d 407 (Wash. 1986). “The defendant assigns error to the trial court's failure to instruct the jury on the lesser included offense of premeditated first degree murder as defined by RCW 9A.32.030-(l)(a). This was not error because not only was no such instruction requested by the defendant, 111 but…”

State v. Benn, 845 P.2d 289 (Wash. 1993).

— Wash. Rev. Code § 9A.32.030(1)(a)(b) — 1 case

State Of Washington v. Leo L. Rubedew (Wash. Ct. App. 2016).

— Wash. Rev. Code § 9A.32.030(1)(b) — 29 cases

State v. Anderson, 638 P.2d 1205 (Wash. 1982). “NOTES [1] RCW 9A.32.030 reads in part: "Murder in the first degree.”

State v. Yarbrough, 210 P.3d 1029 (Wash. Ct. App. 2009). “" [3] The trial court's order admitting gang-related evidence also allowed the State to present evidence that the two rival gangs had an altercation at the King Oscar Hotel that took place before the July 4, 2006 incident at the Tacoma waterfront, but the State chose not to…”

State v. Pastrana, 972 P.2d 557 (Wash. Ct. App. 1999).

State v. Gamble, 225 P.3d 973 (Wash. 2010).

State v. Gamble, 168 Wash. 2d 161 (Wash. 2010).

— Wash. Rev. Code § 9A.32.030(1)(c) — 127 cases

State v. Brett, 892 P.2d 29 (Wash. 1995). “020(9)(a), which provides: A person is guilty of aggravated first degree murder if he or she commits first degree murder as defined by RCW 9A.32.030(1)(a) ... and one or more of the following aggravating circumstances exist: .”

State Of Washington, V. Timothy Forrest Bass, 491 P.3d 988 (Wash. Ct. App. 2021). “Third, Bass contends convicting him under the 1990 version of RCW 9A.32.030 for a crime committed in 1989 either violated the prohibition against ex post facto laws or violated his right to due process.”

State v. Bolar, 78 P.3d 1012 (Wash. Ct. App. 2003).

— Wash. Rev. Code § 9A.32.030(1)(c)(1) — 3 cases

State v. Williams, 128 P.3d 98 (Wash. Ct. App. 2006).

In re Pers. Restraint of Knight, 473 P.3d 663 (Wash. 2020).

State v. Gamble, 155 P.3d 962 (Wash. Ct. App. 2007).

— Wash. Rev. Code § 9A.32.030(1)(c)(2) — 3 cases

State v. Green, 588 P.2d 1370 (Wash. 1979). “The aggravated murder statute states: A person is guilty of aggravated murder in the first degree when he commits murder in the first degree as defined in RCW 9A.32.030 under or accompanied by any of the following circumstances: .”

State Of Washington, V. Timothy Forrest Bass, 487 P.3d 936 (Wash. Ct. App. 2021).

— Wash. Rev. Code § 9A.32.030(1)(c)(3) — 1 case

State v. Bowerman, 802 P.2d 116 (Wash. 1990).

— Wash. Rev. Code § 9A.32.030(1)(c)(4) — 2 cases

In re Pers. Restraint of Frazier, 558 P.3d 451 (Wash. 2024).

State v. Flowers, 637 P.2d 1009 (Wash. Ct. App. 1982).

— Wash. Rev. Code § 9A.32.030(1)(c)(5) — 3 cases

State Of Washington v. Jason Lee Gamache (Wash. Ct. App. 2018).

State of Washington v. Claude L. Merritt (Wash. Ct. App. 2023).

— Wash. Rev. Code § 9A.32.030(1)(c)(i) — 2 cases

State Of Washington, Res/cross-app. V. Mical Darion Roberts, App/cross-res., 553 P.3d 1122 (Wash. Ct. App. 2024).

State Of Washington, V. Jonnathan Ray Hoskins (Wash. Ct. App. 2024).

— Wash. Rev. Code § 9A.32.030(1975) — 1 case

State v. Karpov, 458 P.3d 1182 (Wash. 2020).

— Wash. Rev. Code § 9A.32.030(2) — 12 cases

State Of Washington v. Brian K. Brush, 425 P.3d 545 (Wash. Ct. App. 2018).

State v. Fortune, 128 Wash. 2d 464 (Wash. 1996).

State v. Fortune, 909 P.2d 930 (Wash. 1996).

State v. McCullum, 622 P.2d 873 (Wash. Ct. App. 1981).

State v. Hahn, 256 P.3d 1267 (Wash. Ct. App. 2011).

— Wash. Rev. Code § 9A.32.030(b) — 3 cases

State v. Asaeli, 208 P.3d 1136 (Wash. Ct. App. 2009).

Pers. Restraint Petition Of: Carri Darlene Williams (Wash. Ct. App. 2019).

— Wash. Rev. Code § 9A.32.030(c) — 9 cases

State v. Hacheney, 158 P.3d 1152 (Wash. 2007).

State v. Thomas, 980 P.2d 1275 (Wash. 1999).

State v. Howland, 832 P.2d 1339 (Wash. Ct. App. 1992).

State v. Whitaker, 459 P.3d 1074 (Wash. 2020).

State v. Meas, 75 P.3d 998 (Wash. Ct. App. 2003).

— Wash. Rev. Code § 9A.32.030(c)(1) — 1 case

State Of Washington, V. Stonney Marcus Rivers (Wash. Ct. App. 2025).

— Wash. Rev. Code § 9A.32.030(c)(5) — 2 cases

State v. Green, 616 P.2d 628 (Wash. 1980).

— Wash. Rev. Code § 9A.32.030(l)(a) — 102 cases

State v. Roberts, 14 P.3d 713 (Wash. 2000). ““A person is guilty of aggravated first degree murder if he or she commits first degree murder as defined by RCW 9A.32.030(l)(a)” and one or more statutory aggravating circumstances exists.”

State v. Anderson, 638 P.2d 1205 (Wash. 1982). “NOTES [1] RCW 9A.32.030 reads in part: "Murder in the first degree.”

State v. Monday, 171 Wash. 2d 667 (Wash. 2011).

State v. McCullum, 656 P.2d 1064 (Wash. 1983). “RCW 9A.32.030; RCW 9A.32.050; RCW 9A.32.060; RCW 9A.”

— Wash. Rev. Code § 9A.32.030(l)(b) — 21 cases

State v. Anderson, 616 P.2d 612 (Wash. 1980). “Two informations were filed on August 8, 1977: (1) charging defendant with murder in the first degree under RCW 9A.32.030(1)(b), and (2) charging defendant with manslaughter in the first degree under RCW 9A.”

State v. Dunbar, 817 P.2d 1360 (Wash. 1991).

State v. Anderson, 638 P.2d 1205 (Wash. 1982). “NOTES [1] RCW 9A.32.030 reads in part: "Murder in the first degree.”

State v. Yarbrough, 151 Wash. App. 66 (Wash. Ct. App. 2009).

State v. Pastrana, 972 P.2d 557 (Wash. Ct. App. 1999).

— Wash. Rev. Code § 9A.32.030(l)(c) — 78 cases

State v. Muhammad, 451 P.3d 1060 (Wash. 2019). “and in the course of or in furtherance of such crime or in immediate flight therefrom, he or she, or another participant, causes the death of a person other than one of the participants.”

State v. Sublett, 292 P.3d 715 (Wash. 2012).

State v. Peyton, 630 P.2d 1362 (Wash. Ct. App. 1981).

— Wash. Rev. Code § 9A.32.030(l)(c)(1975) — 1 case

— Wash. Rev. Code § 9A.32.030(l)(c)(2) — 1 case

— Wash. Rev. Code § 9A.32.030(l)(c)(5) — 1 case

State v. Powell, 664 P.2d 1 (Wash. Ct. App. 1983).

— Wash. Rev. Code § 9A.32.030(l)(c)(l) — 2 cases

State of Washington v. Williams, 131 Wash. App. 488 (Wash. Ct. App. 2006).

State v. Gamble, 137 Wash. App. 892 (Wash. Ct. App. 2007).

— Wash. Rev. Code § 9A.32.030(l)(e) — 4 cases

State v. Tamalini, 953 P.2d 450 (Wash. 1998).

State v. Fisher, 338 P.3d 897 (Wash. Ct. App. 2014).

State v. Hawkins, 769 P.2d 856 (Wash. Ct. App. 1989).

In re the Pers. Restraint of Fuamaila, 131 Wash. App. 908 (Wash. Ct. App. 2006).

— Wash. Rev. Code § 9A.32.030(t)(c) — 1 case

State Of Washington v. Gary Bernard Sanders Ii (Wash. Ct. App. 2018).

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