Wash. Rev. Code » Title 9A · Chapter 9A.40
Revised Code of Washington

Wash. Rev. Code § 9A.40.010 (2026)

Definitions

✓ current as of May 2026
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The following definitions apply in this chapter:
(1) "Abduct" means to restrain a person by either (a) secreting or holding him or her in a place where he or she is not likely to be found, or (b) using or threatening to use deadly force.
(2) "Commercial sex act" means any act of sexual contact or sexual intercourse for which something of value is given or received.
(3) "Forced labor" means knowingly providing or obtaining labor or services of a person by: (a) Threats of serious harm to, or physical restraint against, that person or another person; or (b) means of any scheme, plan, or pattern intended to cause the person to believe that, if the person did not perform such labor or services, that person or another person would suffer serious harm or physical restraint.
(4) "Involuntary servitude" means a condition of servitude in which the victim was forced to work by the use or threat of physical restraint or physical injury, by the use of threat of coercion through law or legal process, or as set forth in RCW 9A.40.110. For the purposes of this subsection, "coercion" has the same meaning as provided in RCW 9A.36.070.
(5) "Relative" means an ancestor, descendant, or sibling, including a relative of the same degree through marriage or adoption, or a spouse.
(6) "Restrain" means to restrict a person's movements without consent and without legal authority in a manner which interferes substantially with his or her liberty. Restraint is "without consent" if it is accomplished by (a) physical force, intimidation, or deception, or (b) any means including acquiescence of the victim, if he or she is a child less than sixteen years old or an incompetent person and if the parent, guardian, or other person or institution having lawful control or custody of him or her has not acquiesced.
(7) "Serious harm" means any harm, whether physical or nonphysical, including psychological, financial, or reputational harm, that is sufficiently serious, under all the surrounding circumstances, to compel a reasonable person of the same background and in the same circumstances to perform or to continue performing labor, services, or a commercial sex act in order to avoid incurring that harm.
[ 2014 c 52 s 2. Prior: 2011 c 336 s 363; 2011 c 111 s 2; 1975 1st ex.s. c 260 s 9A.40.010.]
Notes of Decisions
Cited in 152 cases (21 in the last 5 years), 1978–2026 · leading case: State v. Green, 616 P.2d 628 (Wash. 1980).
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State v. Green, 616 P.2d 628 (Wash. 1980). · cites it 14× “RCW 9A.40.010(1), (2)(a), (b); RCW 9A.40.”
State v. Rattana Keo Phuong, 299 P.3d 37 (Wash. Ct. App. 2013). · cites it 12× “One commentator suggests this is a major defect in the statute and that the Washington Legislature should amend RCW 9A.40.010 to include a movement element.”
State v. Worrell, 761 P.2d 56 (Wash. 1988). · cites it 18× “Having concluded that there may be no facial challenge to RCW 9A.40.010, the majority's discussion as to the vagueness of the words "without legal authority" in that statute is unnecessary, and in my opinion erroneous.”
State v. Green, 588 P.2d 1370 (Wash. 1979). · cites it 15× “030(1)(c)(5), and RCW 9A.40.010 and .020. As defined for purposes of the kidnapping statute, abduct means: "to restrain a person by either (a) secreting or holding him in a place where he is not likely to be found, or (b) using or threatening to use deadly force".”
State v. Vladovic, 662 P.2d 853 (Wash. 1983). · cites it 8× “[1] RCW 9A.40.010. Petitioner urges that his kidnapping convictions must be vacated.”
State v. Billups, 813 P.2d 149 (Wash. Ct. App. 1991). · cites it 16× “"Abduct" is defined in RCW 9A.40.010: (2) "Abduct" means to restrain a person by either (a) secreting or holding him in a place where he is not likely to be found, or (b) using or threatening to use deadly force[.”
State v. Berg, 337 P.3d 310 (Wash. 2014). · cites it 4× “at 224-25; see RCW 9A.40.010, .020. f 18 Applying the new United States Supreme Court sufficiency standard announced in Jackson, Green II held there was insufficient evidence of the elements of kidnap *868 ping and therefore remanded the charge of aggravated first degree murder…”
State Of Washington v. Darrell D. Classen, 422 P.3d 489 (Wash. Ct. App. 2018). · cites it 2× “” RCW 9A.40.010(1). “Restrain” means to restrict a person’s movements without consent and without legal authority in a manner which interferes substantially with his or her liberty.”
State v. Scanlan, 445 P.3d 960 (Wash. 2019). · cites it 2× “Britt testified that Bagnell told him "that he had been in his home for two days, that he had been imprisoned, or at least held in his home,against his will," that"he hadn't really eaten in a [] couple of days," and that "[h]e wasn't allowed to talk to his family.”
State v. Roberts, 14 P.3d 713 (Wash. 2000). · cites it 3× “” RCW 9A.40.010(1). Restraint may involve the use of physical force.”
United States v. Gonzalez-Ramirez, 477 F.3d 310 (5th Cir. 2007). · cites it 3× “2— 47(A) (2004); Wash. Rev.Code Ann. §§ 9A.40.010, .030(1) (West 2000 & Supp.”
State v. Ashley, 375 P.3d 673 (Wash. 2016). · cites it 2× “RCW 9A.40.010(6) provides the definition and essential elements of “restraint”: “Restrain” means to restrict a person’s movements without consent and without legal authority in a manner which interferes substantially with his or her liberty.”
Show all 152 citing cases →
— Wash. Rev. Code § 9A.40.010(1) — 81 cases
State v. Worrell, 761 P.2d 56 (Wash. 1988). “Having concluded that there may be no facial challenge to RCW 9A.40.010, the majority's discussion as to the vagueness of the words "without legal authority" in that statute is unnecessary, and in my opinion erroneous.”
State v. Green, 616 P.2d 628 (Wash. 1980). “RCW 9A.40.010(1), (2)(a), (b); RCW 9A.40.”
State v. Green, 588 P.2d 1370 (Wash. 1979). “030(1)(c)(5), and RCW 9A.40.010 and .020. As defined for purposes of the kidnapping statute, abduct means: "to restrain a person by either (a) secreting or holding him in a place where he is not likely to be found, or (b) using or threatening to use deadly force".”
State v. Brett, 892 P.2d 29 (Wash. 1995).
State v. Warfield, 5 P.3d 1280 (Wash. Ct. App. 2000).
— Wash. Rev. Code § 9A.40.010(1)(1975) — 3 cases
State v. Pry, 452 P.3d 536 (Wash. 2019).
State Of Washington v. Robert L. Davis, Arnold M. Cruz, & Robert Pry (Wash. Ct. App. 2018).
State Of Washington, V. Timothy Forrest Bass, 487 P.3d 936 (Wash. Ct. App. 2021).
— Wash. Rev. Code § 9A.40.010(1)(a) — 4 cases
State v. Roberts, 14 P.3d 713 (Wash. 2001).
State v. Atkins, 123 P.3d 126 (Wash. Ct. App. 2005).
State Of Washington, V Isaac J. Gusman (Wash. Ct. App. 2020).
State Of Washington, V. Ghassan A. Shakir (Wash. Ct. App. 2025).
— Wash. Rev. Code § 9A.40.010(1)(b) — 2 cases
State v. Billups, 813 P.2d 149 (Wash. Ct. App. 1991). “"Abduct" is defined in RCW 9A.40.010: (2) "Abduct" means to restrain a person by either (a) secreting or holding him in a place where he is not likely to be found, or (b) using or threatening to use deadly force[.”
State of Washington v. Gustavo Tapia Rodriguez (Wash. Ct. App. 2020).
— Wash. Rev. Code § 9A.40.010(11) — 1 case
State v. Worrell, 761 P.2d 56 (Wash. 1988). “Having concluded that there may be no facial challenge to RCW 9A.40.010, the majority's discussion as to the vagueness of the words "without legal authority" in that statute is unnecessary, and in my opinion erroneous.”
— Wash. Rev. Code § 9A.40.010(2) — 31 cases
State v. Green, 616 P.2d 628 (Wash. 1980). “RCW 9A.40.010(1), (2)(a), (b); RCW 9A.40.”
State v. Green, 588 P.2d 1370 (Wash. 1979). “030(1)(c)(5), and RCW 9A.40.010 and .020. As defined for purposes of the kidnapping statute, abduct means: "to restrain a person by either (a) secreting or holding him in a place where he is not likely to be found, or (b) using or threatening to use deadly force".”
State v. Vladovic, 662 P.2d 853 (Wash. 1983). “[1] RCW 9A.40.010. Petitioner urges that his kidnapping convictions must be vacated.”
State v. Saunders, 120 Wash. App. 800 (Wash. Ct. App. 2004).
State v. Saunders, 86 P.3d 232 (Wash. Ct. App. 2004).
— Wash. Rev. Code § 9A.40.010(2)(1975) — 1 case
State Of Washington, V. Timothy Forrest Bass, 487 P.3d 936 (Wash. Ct. App. 2021).
— Wash. Rev. Code § 9A.40.010(2)(a) — 4 cases
State v. Green, 588 P.2d 1370 (Wash. 1979). “030(1)(c)(5), and RCW 9A.40.010 and .020. As defined for purposes of the kidnapping statute, abduct means: "to restrain a person by either (a) secreting or holding him in a place where he is not likely to be found, or (b) using or threatening to use deadly force".”
State v. Pawling, 597 P.2d 1367 (Wash. Ct. App. 1979).
State v. Dove, 757 P.2d 990 (Wash. Ct. App. 1988).
State v. Mewes, 929 P.2d 505 (Wash. Ct. App. 1997).
— Wash. Rev. Code § 9A.40.010(2)(b) — 5 cases
State v. Green, 616 P.2d 628 (Wash. 1980). “RCW 9A.40.010(1), (2)(a), (b); RCW 9A.40.”
State v. Green, 588 P.2d 1370 (Wash. 1979). “030(1)(c)(5), and RCW 9A.40.010 and .020. As defined for purposes of the kidnapping statute, abduct means: "to restrain a person by either (a) secreting or holding him in a place where he is not likely to be found, or (b) using or threatening to use deadly force".”
In Re the Pers. Restraint of Fletcher, 776 P.2d 114 (Wash. 1989).
State v. Roberts, 14 P.3d 713 (Wash. 2000). “” RCW 9A.40.010(1). Restraint may involve the use of physical force.”
State v. Roberts, 14 P.3d 713 (Wash. 2001).
— Wash. Rev. Code § 9A.40.010(3) — 1 case
State v. Ohrt, 862 P.2d 140 (Wash. Ct. App. 1993).
— Wash. Rev. Code § 9A.40.010(5) — 2 cases
State v. Veliz, 298 P.3d 75 (Wash. 2013).
State v. Veliz (Wash. 2013).
— Wash. Rev. Code § 9A.40.010(6) — 57 cases
State v. Rattana Keo Phuong, 299 P.3d 37 (Wash. Ct. App. 2013). “One commentator suggests this is a major defect in the statute and that the Washington Legislature should amend RCW 9A.40.010 to include a movement element.”
State v. Scanlan, 445 P.3d 960 (Wash. 2019). “Britt testified that Bagnell told him "that he had been in his home for two days, that he had been imprisoned, or at least held in his home,against his will," that"he hadn't really eaten in a [] couple of days," and that "[h]e wasn't allowed to talk to his family.”
State v. Ashley, 375 P.3d 673 (Wash. 2016). “RCW 9A.40.010(6) provides the definition and essential elements of “restraint”: “Restrain” means to restrict a person’s movements without consent and without legal authority in a manner which interferes substantially with his or her liberty.”
State Of Washington v. George Abraham Dillon, 456 P.3d 1199 (Wash. Ct. App. 2020).
State Of Washington v. Darrell D. Classen, 422 P.3d 489 (Wash. Ct. App. 2018). “” RCW 9A.40.010(1). “Restrain” means to restrict a person’s movements without consent and without legal authority in a manner which interferes substantially with his or her liberty.”
— Wash. Rev. Code § 9A.40.010(6)(a) — 9 cases
State v. Rattana Keo Phuong, 299 P.3d 37 (Wash. Ct. App. 2013). “One commentator suggests this is a major defect in the statute and that the Washington Legislature should amend RCW 9A.40.010 to include a movement element.”
State of Washington v. Andrew Russell Cordle (Wash. Ct. App. 2026).
State Of Washington v. Douglas Mackey (Wash. Ct. App. 2018).
State Of Washington, V Isaac J. Gusman (Wash. Ct. App. 2020).
State Of Washington, V. Michael Muthee Munywe (Wash. Ct. App. 2022).
— Wash. Rev. Code § 9A.40.010(l) — 1 case
State v. Louis, 155 Wash. 2d 563 (Wash. 2005).
— Wash. Rev. Code § 9A.40.010(l)(a) — 3 cases
State v. Roberts, 14 P.3d 713 (Wash. 2000). “” RCW 9A.40.010(1). Restraint may involve the use of physical force.”
State v. Frohs, 924 P.2d 384 (Wash. Ct. App. 1996).
State v. Atkins, 130 Wash. App. 395 (Wash. Ct. App. 2005).
— Wash. Rev. Code § 9A.40.010(l)(b) — 1 case
State v. Billups, 813 P.2d 149 (Wash. Ct. App. 1991). “"Abduct" is defined in RCW 9A.40.010: (2) "Abduct" means to restrain a person by either (a) secreting or holding him in a place where he is not likely to be found, or (b) using or threatening to use deadly force[.”
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