Wash. Rev. Code » Title 9A · Chapter 9A.32
Revised Code of Washington

Wash. Rev. Code § 9A.32.040 (2026)

✓ current as of May 2026
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Notwithstanding RCW 9A.32.030(2), any person convicted of the crime of murder in the first degree shall be sentenced to life imprisonment.
[ 1982 c 10 s 2. Prior: (1) 1981 c 138 s 21; 1977 ex.s. c 206 s 3; 1975 1st ex.s. c 260 s 9A.32.040. (2) 1981 c 136 s 55 repealed by 1982 c 10 s 18.]

Notes:

Severability—1982 c 10: See note following RCW 6.13.080.
Effective date—1981 c 136: See RCW 72.09.900.
Aggravated first degree murder: Chapter 10.95 RCW.
Notes of Decisions
Cited in 31 cases (2 in the last 5 years), 1980–2024 · leading case: State v. Martin, 614 P.2d 164 (Wash. 1980).
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State v. Martin, 614 P.2d 164 (Wash. 1980). · cites it 20× “Three basic issues are presented: (1) whether, under the existing law of this state, petitioner may plead guilty to first degree murder; (2) if he can plead guilty, whether a special sentencing jury as specified in RCW 10.”
State v. Grisby, 647 P.2d 6 (Wash. 1982). · cites it 12× “It should be noted that the statute discussed herein relative to the death penalty, RCW 9A.32.040, while in effect at all times pertinent to this case, has been substantially amended since.”
Matter of Pers. Restraint of Moore, 803 P.2d 300 (Wash. 1991). · cites it 10× “He claims that the sentence is not authorized by former RCW 9A.32.040 and RCW 10.94.020. 1 He also claims that his sentence violates the fifth and sixth amendments to the federal constitution.”
In the Matter of Pers. Restraint of Powell, 814 P.2d 635 (Wash. 2004). · cites it 4× “RCW 9A.32.040 (1976). The Board of Prison Terms and Paroles (later redesignated the Indeterminate Sentence Review Board and hereinafter "the Board") did not obtain jurisdiction over a prisoner serving a life sentence for purposes of granting parole until the prisoner had served…”
State v. Frampton, 627 P.2d 922 (Wash. 1981). · cites it 6× “Martin, supra , that a defendant who pleads guilty cannot be subjected to the enhanced penalties for first degree murder under RCW 9A.32.040. We hold that the procedure for imposing the death penalty is unconstitutional for any defendant, either a defendant who pleads guilty or…”
Matter of Pers. Restraint of Grisby, 853 P.2d 901 (Wash. 1993). · cites it 5× “[12] See former RCW 9A.32.040. [13] Former Justice Dimmick of this court is now Judge Dimmick of the United States District Court for the Western District of Washington.”
State v. Curtiss, 250 P.3d 496 (Wash. Ct. App. 2011). · cites it 2× “94A RCW, the trial court sentenced Curtiss to life in prison under former RCW 9A.32.040 (1975). Curtiss had no criminal history.”
State v. Curtiss, 161 Wash. App. 673 (Wash. Ct. App. 2011). · cites it 2× “94A RCW, the trial court sentenced Curtiss to life in prison under former RCW 9A.32.040 (1975). Curtiss had no criminal history.”
State v. Fain, 617 P.2d 720 (Wash. 1980). · cites it 2× “*401 C PUNISHMENT IN WASHINGTON FOR OTHER OFFENSES Washington requires a mandatory life sentence for only one crime, murder in the first degree, RCW 9A.32.040(3), .047. The class A felonies carry a term of not less than 20 years in a state correctional institution with a…”
– State v. Patterson –, 455 P.3d 792 (Kan. 2020). “2-10 (b); Wash. Rev. Code § 9A.32.040; W. Va. Code § 61-2-2 ; Wyo.”
State v. Anderson, 702 P.2d 481 (Wash. Ct. App. 1985). · cites it 3× “X Sentencing Defendants' final contention concerns the constitutionality of imposing the penalty of life without possibility of parole, pursuant to former RCW 9A.32.040 and former RCW 10.94. 11 In light of State v.”
State v. Smissaert, 694 P.2d 654 (Wash. 1985). · cites it 2× “Subsequently the Board of Prison Terms and Paroles notified the court that RCW 9A.32.040 requires a sentence of life imprisonment.”
Show all 31 citing cases →
— Wash. Rev. Code § 9A.32.040(1) — 4 cases
State v. Grisby, 647 P.2d 6 (Wash. 1982). “It should be noted that the statute discussed herein relative to the death penalty, RCW 9A.32.040, while in effect at all times pertinent to this case, has been substantially amended since.”
State v. Martin, 614 P.2d 164 (Wash. 1980). “Three basic issues are presented: (1) whether, under the existing law of this state, petitioner may plead guilty to first degree murder; (2) if he can plead guilty, whether a special sentencing jury as specified in RCW 10.”
State v. Frampton, 627 P.2d 922 (Wash. 1981). “Martin, supra , that a defendant who pleads guilty cannot be subjected to the enhanced penalties for first degree murder under RCW 9A.32.040. We hold that the procedure for imposing the death penalty is unconstitutional for any defendant, either a defendant who pleads guilty or…”
Matter of Pers. Restraint of Moore, 803 P.2d 300 (Wash. 1991). “He claims that the sentence is not authorized by former RCW 9A.32.040 and RCW 10.94.020. 1 He also claims that his sentence violates the fifth and sixth amendments to the federal constitution.”
— Wash. Rev. Code § 9A.32.040(2) — 5 cases
State v. Grisby, 647 P.2d 6 (Wash. 1982). “It should be noted that the statute discussed herein relative to the death penalty, RCW 9A.32.040, while in effect at all times pertinent to this case, has been substantially amended since.”
State v. Frampton, 627 P.2d 922 (Wash. 1981). “Martin, supra , that a defendant who pleads guilty cannot be subjected to the enhanced penalties for first degree murder under RCW 9A.32.040. We hold that the procedure for imposing the death penalty is unconstitutional for any defendant, either a defendant who pleads guilty or…”
Matter of Pers. Restraint of Grisby, 853 P.2d 901 (Wash. 1993). “[12] See former RCW 9A.32.040. [13] Former Justice Dimmick of this court is now Judge Dimmick of the United States District Court for the Western District of Washington.”
State v. McCullum, 622 P.2d 873 (Wash. Ct. App. 1981).
State v. Duhaime, 631 P.2d 964 (Wash. Ct. App. 1981).
— Wash. Rev. Code § 9A.32.040(3) — 7 cases
State v. Martin, 614 P.2d 164 (Wash. 1980). “Three basic issues are presented: (1) whether, under the existing law of this state, petitioner may plead guilty to first degree murder; (2) if he can plead guilty, whether a special sentencing jury as specified in RCW 10.”
State v. Grisby, 647 P.2d 6 (Wash. 1982). “It should be noted that the statute discussed herein relative to the death penalty, RCW 9A.32.040, while in effect at all times pertinent to this case, has been substantially amended since.”
State v. Fain, 617 P.2d 720 (Wash. 1980). “*401 C PUNISHMENT IN WASHINGTON FOR OTHER OFFENSES Washington requires a mandatory life sentence for only one crime, murder in the first degree, RCW 9A.32.040(3), .047. The class A felonies carry a term of not less than 20 years in a state correctional institution with a…”
Matter of Pers. Restraint of Grisby, 853 P.2d 901 (Wash. 1993). “[12] See former RCW 9A.32.040. [13] Former Justice Dimmick of this court is now Judge Dimmick of the United States District Court for the Western District of Washington.”
Matter of Pers. Restraint of Moore, 803 P.2d 300 (Wash. 1991). “He claims that the sentence is not authorized by former RCW 9A.32.040 and RCW 10.94.020. 1 He also claims that his sentence violates the fifth and sixth amendments to the federal constitution.”
— Wash. Rev. Code § 9A.32.040(3)(1977) — 1 case
State of Washington v. Curtis Brian Fisher (Wash. Ct. App. 2024).
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