Wash. Rev. Code § 9A.32.050
Murder in the second degree
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(1) A person is guilty of murder in the second degree when:
(a) With intent to cause the death of another person but without premeditation, he or she causes the death of such person or of a third person; or
(b) He or she commits or attempts to commit any felony, including assault, other than those enumerated in RCW 9A.32.030(1)(c), and, in the course of and 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)(b) 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 second degree is a class A felony.
[ 2003 c 3 s 2; 1975-'76 2nd ex.s. c 38 s 4; 1975 1st ex.s. c 260 s 9A.32.050.]
Notes:
Findings—Intent—2003 c 3: "The legislature finds that the 1975 legislature clearly and unambiguously stated that any felony, including assault, can be a predicate offense for felony murder. The intent was evident: Punish, under the applicable murder statutes, those who commit a homicide in the course and in furtherance of a felony. This legislature reaffirms that original intent and further intends to honor and reinforce the court's decisions over the past twenty-eight years interpreting "in furtherance of" as requiring the death to be sufficiently close in time and proximity to the predicate felony. The legislature does not agree with or accept the court's findings of legislative intent in State v. Andress, Docket No. 71170-4 (October 24, 2002), and reasserts that assault has always been and still remains a predicate offense for felony murder in the second degree.
To prevent a miscarriage of the legislature's original intent, the legislature finds in light of State v. Andress, Docket No. 71170-4 (October 24, 2002), that it is necessary to amend RCW 9A.32.050. This amendment is intended to be curative in nature. The legislature urges the supreme court to apply this interpretation retroactively to July 1, 1976." [ 2003 c 3 s 1.]
Effective date—2003 c 3: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [February 12, 2003]." [ 2003 c 3 s 3.]
Effective date—Severability—1975-'76 2nd ex.s. c 38: See notes following RCW 9A.08.020.
Notes of Decisions
Cited in 311
cases (37 in the last 5 years), 1977–2026 · leading case: State v. Gamble
State v. Gamble (2005)
“260, § 9A.32.050; Laws of 1975-76, 2d Ex.Sess.”
State v. Gamble (2005)
“260, § 9A.32.050; Laws of 1975-76, 2d Ex. Sess.”
In Re Hinton (2004)
“Each of the petitioners was convicted of second degree felony murder with assault as the predicate felony, either following trial or a plea of guilty.”
In re the Personal Restraint of Hinton (2004)
“Each of the petitioners was convicted of second degree felony murder with assault as the predicate felony, either following trial or a plea of guilty.”
State v. Berlin (1997)
“RCW 9A.32.050 defines second degree murder: (1) A person is guilty of murder in the second degree when: (a) With intent to cause the death of another person but without premeditation, he causes the death of such person or of a third person; or (b) He commits or attempts to…”
State v. Crane (1991)
“Under subsection (1)(a), a person commits the crime who intentionally causes the death of another without premeditation. Under subsection (1)(b), the crime can be committed if a person commits or attempts to commit certain felonies (one of which is second degree assault), and…”
State v. Russell (1984)
“Under the charge of the premeditated first degree murder of Kenneth Hanks, the jury was instructed on the lesser included offense of intentional second degree murder, RCW 9A.32.050(1)(a). After considering conflicting stories and inconsistent physical evidence, the jury…”
State v. Gamble (2010)
“Subsequent to their convictions, this court held in Andress that under former RCW 9A.32.050 (1976) a conviction of second degree felony murder could not be based on assault as the predicate felony.”
State v. Gamble (2010)
“Subsequent to their convictions, this court held in Andress that under former RCW 9A.32.050 (1976) a conviction of second degree felony murder could not be based on assault as the predicate felony.”
State v. Creekmore (1990)
“RCW 9A.32.050(1)(b). Criminal mistreatment and second degree assault are both felonies.”
State Of Washington v. Justin Nicholas Jennings (2020)
“He was charged with second degree intentional murder (RCW 9A.32.050(1)(a)), second degree felony murder predicated on second degree assault (RCW 9A.”
Bowman v. State (2007)
“*683 ANALYSIS ¶ 4 In Andress we were asked to decide whether assault could serve as a predicate crime to support a conviction for second degree felony murder following the 1976 amendment to the second degree murder statute, former RCW 9A.32.050 (1975). Under the earlier statute,…”
— Wash. Rev. Code § 9A.32.050(1) — 17 cases
State v. Jones (1981)
State v. Tamalini (1998)
State v. Russell (1983)
— Wash. Rev. Code § 9A.32.050(1)(B) — 1 case
Fabian v. King County (2023)
— Wash. Rev. Code § 9A.32.050(1)(a) — 73 cases
State v. Wright (2009)
Sarausad v. State (2001)
State v. Russell (1984)
“Under the charge of the premeditated first degree murder of Kenneth Hanks, the jury was instructed on the lesser included offense of intentional second degree murder, RCW 9A.32.050(1)(a). After considering conflicting stories and inconsistent physical evidence, the jury…”
— Wash. Rev. Code § 9A.32.050(1)(b) — 96 cases
State v. Gamble (2005)
“260, § 9A.32.050; Laws of 1975-76, 2d Ex.Sess.”
State v. Gamble (2005)
“260, § 9A.32.050; Laws of 1975-76, 2d Ex. Sess.”
State Of Washington v. Justin Nicholas Jennings (2020)
“He was charged with second degree intentional murder (RCW 9A.32.050(1)(a)), second degree felony murder predicated on second degree assault (RCW 9A.”
State v. Crane (1991)
“Under subsection (1)(a), a person commits the crime who intentionally causes the death of another without premeditation. Under subsection (1)(b), the crime can be committed if a person commits or attempts to commit certain felonies (one of which is second degree assault), and…”
State v. Gordon (2009)
— Wash. Rev. Code § 9A.32.050(1)(b)(iv) — 1 case
— Wash. Rev. Code § 9A.32.050(1)(c) — 1 case
— Wash. Rev. Code § 9A.32.050(2) — 6 cases
State v. Creekmore (1990)
“RCW 9A.32.050(1)(b). Criminal mistreatment and second degree assault are both felonies.”
State v. Fain (1980)
State v. Ross (1994)
State v. Theroff (1983)
— Wash. Rev. Code § 9A.32.050(a) — 1 case
State v. Berlin (1996)
— Wash. Rev. Code § 9A.32.050(b) — 5 cases
United States v. Scott (2020)
State v. Berge (1980)
State v. Hendrickson (1996)
— Wash. Rev. Code § 9A.32.050(l)(a) — 44 cases
State v. Berlin (1997)
“RCW 9A.32.050 defines second degree murder: (1) A person is guilty of murder in the second degree when: (a) With intent to cause the death of another person but without premeditation, he causes the death of such person or of a third person; or (b) He commits or attempts to…”
State v. Wright (2009)
State v. Russell (1984)
“Under the charge of the premeditated first degree murder of Kenneth Hanks, the jury was instructed on the lesser included offense of intentional second degree murder, RCW 9A.32.050(1)(a). After considering conflicting stories and inconsistent physical evidence, the jury…”
— Wash. Rev. Code § 9A.32.050(l)(b) — 59 cases
State v. Gordon (2009)
State v. McCreven (2012)
State v. Gamble (2003)
State v. Elkins (2015)
State v. McJimpson (1995)
— Wash. Rev. Code § 9A.32.050(l)(b)(i) — 2 cases
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