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

Wash. Rev. Code § 9A.40.020 (2026)

Kidnapping in the first degree

✓ current as of May 2026
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(1) A person is guilty of kidnapping in the first degree if he or she intentionally abducts another person with intent:
(a) To hold him or her for ransom or reward, or as a shield or hostage; or
(b) To facilitate commission of any felony or flight thereafter; or
(c) To inflict bodily injury on him or her; or
(d) To inflict extreme mental distress on him, her, or a third person; or
(e) To interfere with the performance of any governmental function.
(2) Kidnapping in the first degree is a class A felony.
[ 2011 c 336 s 364; 1975 1st ex.s. c 260 s 9A.40.020.]
Notes of Decisions
Cited in 159 cases (23 in the last 5 years), 1979–2026 · leading case: State v. Garcia, 318 P.3d 266 (Wash. 2014).
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State v. Garcia, 318 P.3d 266 (Wash. 2014). · cites it 11× “The shield and hostage prong of kidnapping in the first degree ¶18 The first alternative means of kidnapping in the first degree is to hold the victim as a shield or hostage.”
State v. Vladovic, 662 P.2d 853 (Wash. 1983). · cites it 10× “] RCW 9A.40.020. The following definitions apply in this chapter: (1) "Restrain" means to restrict a person's movements without consent and without legal authority in a manner which interferes substantially with his liberty.”
State v. Brett, 892 P.2d 29 (Wash. 1995). · cites it 8× “See RCW 9A.40.020; In re Fletcher, 113 Wn.2d 42 , 776 P.”
Blakely v. Washington, 542 U.S. 296 (2004). · cites it 2× “The State charged petitioner with first-degree kidnaping, Wash. Rev. Code Ann. § 9A.40.020(1) (2000).”
State v. Green, 616 P.2d 628 (Wash. 1980). · cites it 4× “040), or kidnapping (RCW 9A.40.020). While rape and kidnapping are elements of aggravated murder in the first degree, each is a separate and distinct major crime having specific elements which also must be proved beyond a reasonable doubt.”
State v. Harrington, 333 P.3d 410 (Wash. Ct. App. 2014). · cites it 13× “*815 PROCEDURE ¶20 The State of Washington charged Russell Harrington with first degree kidnapping in violation of RCW 9A.40.020 and sentence enhancements for domestic violence, use of a firearm, and deliberate cruelty.”
In Re the Pers. Restraint of Fletcher, 776 P.2d 114 (Wash. 1989). · cites it 9× “RCW 9A.40.020. [2] A reading of *53 the statute makes it clear that the person who intentionally abducts another need do so only with the intent to carry out one of the incidents enumerated in RCW 9A.”
State v. Berg, 337 P.3d 310 (Wash. 2014). · cites it 4× “200 and RCW 9A.40.020. On appeal, Division Two of the Court of Appeals held that because the only evidence of kidnapping was conduct incidental to the robbery, the evidence of kidnapping was insufficient under the due process clause.”
State v. Vaughn, 924 P.2d 27 (Wash. Ct. App. 1996). · cites it 6× “RCW 9A.40.020. Because the kidnapping charge does not contain an age or sexual intercourse element and the rape charge does not contain an abduction element, the two are not the same for double jeopardy purposes.”
State v. Collicott, 827 P.2d 263 (Wash. 1992). · cites it 4× “Kidnapping in the first degree, RCW 9A.40.020, which reads: (1) A person is guilty of kidnapping in the first degree if he intentionally abducts another person with intent: (a) To hold him for ransom or reward, or as a shield or hostage; or (b) To facilitate commission of any…”
In Re Rainey, 229 P.3d 686 (Wash. 2010). · cites it 2× “See RCW 9A.40.020(1)(d). Generally, the State has a compelling interest in preventing future harm to the victims of the crime.”
State v. Worrell, 761 P.2d 56 (Wash. 1988). · cites it 4× “A person can be charged under RCW 9A.40.020 with kidnapping in the first degree if he or she "abducts" another person.”
Show all 159 citing cases →
— Wash. Rev. Code § 9A.40.020(1) — 29 cases
Blakely v. Washington, 542 U.S. 296 (2004). “The State charged petitioner with first-degree kidnaping, Wash. Rev. Code Ann. § 9A.40.020(1) (2000).”
State v. Garcia, 318 P.3d 266 (Wash. 2014). “The shield and hostage prong of kidnapping in the first degree ¶18 The first alternative means of kidnapping in the first degree is to hold the victim as a shield or hostage.”
State v. Brett, 892 P.2d 29 (Wash. 1995). “See RCW 9A.40.020; In re Fletcher, 113 Wn.2d 42 , 776 P.”
In Re the Pers. Restraint of Fletcher, 776 P.2d 114 (Wash. 1989). “RCW 9A.40.020. [2] A reading of *53 the statute makes it clear that the person who intentionally abducts another need do so only with the intent to carry out one of the incidents enumerated in RCW 9A.”
State v. Rattana Keo Phuong, 299 P.3d 37 (Wash. Ct. App. 2013).
— Wash. Rev. Code § 9A.40.020(1)(1975) — 1 case
State Of Washington, V. Timothy Forrest Bass, 487 P.3d 936 (Wash. Ct. App. 2021).
— Wash. Rev. Code § 9A.40.020(1)(a) — 4 cases
State v. Louis, 120 P.3d 936 (Wash. 2005).
In Re the Pers. Restraint of Fletcher, 776 P.2d 114 (Wash. 1989). “RCW 9A.40.020. [2] A reading of *53 the statute makes it clear that the person who intentionally abducts another need do so only with the intent to carry out one of the incidents enumerated in RCW 9A.”
State v. Vaughn, 924 P.2d 27 (Wash. Ct. App. 1996). “RCW 9A.40.020. Because the kidnapping charge does not contain an age or sexual intercourse element and the rape charge does not contain an abduction element, the two are not the same for double jeopardy purposes.”
State Of Washington, Resp. v. Robert D. Hitt, App. (Wash. Ct. App. 2014).
— Wash. Rev. Code § 9A.40.020(1)(b) — 34 cases
State v. Vladovic, 662 P.2d 853 (Wash. 1983). “] RCW 9A.40.020. The following definitions apply in this chapter: (1) "Restrain" means to restrict a person's movements without consent and without legal authority in a manner which interferes substantially with his liberty.”
Matter of Pers. Restraint of Lord, 868 P.2d 835 (Wash. 1994).
State v. Martinez, 86 P.3d 1210 (Wash. Ct. App. 2004).
State v. Martinez, 86 P.3d 1210 (Wash. Ct. App. 2004).
State v. Frawley, 167 P.3d 593 (Wash. Ct. App. 2007).
— Wash. Rev. Code § 9A.40.020(1)(b)(d) — 1 case
State Of Washington v. Ronald Richard Brown (Wash. Ct. App. 2015).
— Wash. Rev. Code § 9A.40.020(1)(c) — 7 cases
State v. Jordan, 23 P.3d 1100 (Wash. Ct. App. 2001).
State Of Washington, V. Roger K. Woodard (Wash. Ct. App. 2023).
State Of Washington, V. Eddie Smith, Jr. (Wash. Ct. App. 2022).
State of Washington v. Kallee Ann Knudson (Wash. Ct. App. 2024).
State Of Washington, V. Steven Mcmillin (Wash. Ct. App. 2024).
— Wash. Rev. Code § 9A.40.020(1)(c)(d) — 1 case
State of Washington v. Brett C. Everette (Wash. Ct. App. 2024).
— Wash. Rev. Code § 9A.40.020(1)(d) — 8 cases
In Re Rainey, 229 P.3d 686 (Wash. 2010). “See RCW 9A.40.020(1)(d). Generally, the State has a compelling interest in preventing future harm to the victims of the crime.”
State v. Blakely, 47 P.3d 149 (Wash. Ct. App. 2002).
State v. Duncan, 765 P.2d 1300 (Wash. 1989).
State v. Dunbar, 798 P.2d 306 (Wash. Ct. App. 1990).
State Of Washington v. Jennifer A. Richards, 537 P.3d 1118 (Wash. Ct. App. 2023).
— Wash. Rev. Code § 9A.40.020(2) — 6 cases
State v. Fain, 617 P.2d 720 (Wash. 1980).
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. Talon Cutler-Flinn (Wash. Ct. App. 2019).
Pers. Restraint Petition Of Martavis Tramain Simpson (Wash. Ct. App. 2020).
— Wash. Rev. Code § 9A.40.020(2)(a) — 1 case
State v. Justesen, 86 P.3d 1259 (Wash. Ct. App. 2004).
— Wash. Rev. Code § 9A.40.020(l) — 1 case
State v. Berg (Wash. 2014).
— Wash. Rev. Code § 9A.40.020(l)(a) — 4 cases
State v. Garcia, 318 P.3d 266 (Wash. 2014). “The shield and hostage prong of kidnapping in the first degree ¶18 The first alternative means of kidnapping in the first degree is to hold the victim as a shield or hostage.”
State v. Vaughn, 924 P.2d 27 (Wash. Ct. App. 1996). “RCW 9A.40.020. Because the kidnapping charge does not contain an age or sexual intercourse element and the rape charge does not contain an abduction element, the two are not the same for double jeopardy purposes.”
State v. Dove, 757 P.2d 990 (Wash. Ct. App. 1988).
State v. Longuskie, 801 P.2d 1004 (Wash. Ct. App. 1990).
— Wash. Rev. Code § 9A.40.020(l)(b) — 20 cases
State v. Thorne, 921 P.2d 514 (Wash. 1996).
State v. Dunaway, 743 P.2d 1237 (Wash. 1988).
State v. Vladovic, 662 P.2d 853 (Wash. 1983). “] RCW 9A.40.020. The following definitions apply in this chapter: (1) "Restrain" means to restrict a person's movements without consent and without legal authority in a manner which interferes substantially with his liberty.”
State v. Berg, 337 P.3d 310 (Wash. 2014). “200 and RCW 9A.40.020. On appeal, Division Two of the Court of Appeals held that because the only evidence of kidnapping was conduct incidental to the robbery, the evidence of kidnapping was insufficient under the due process clause.”
State v. Frawley, 140 Wash. App. 713 (Wash. Ct. App. 2007).
— Wash. Rev. Code § 9A.40.020(l)(c) — 4 cases
State v. Lindsay, 288 P.3d 641 (Wash. Ct. App. 2012).
State v. Harrington, 333 P.3d 410 (Wash. Ct. App. 2014). “*815 PROCEDURE ¶20 The State of Washington charged Russell Harrington with first degree kidnapping in violation of RCW 9A.40.020 and sentence enhancements for domestic violence, use of a firearm, and deliberate cruelty.”
State v. Powell, 664 P.2d 1 (Wash. Ct. App. 1983).
State v. Jordan, 106 Wash. App. 291 (Wash. Ct. App. 2001).
— Wash. Rev. Code § 9A.40.020(l)(d) — 8 cases
State v. Garcia, 318 P.3d 266 (Wash. 2014). “The shield and hostage prong of kidnapping in the first degree ¶18 The first alternative means of kidnapping in the first degree is to hold the victim as a shield or hostage.”
In re the Pers. Restraint of Rainey, 168 Wash. 2d 367 (Wash. 2010).
State v. Harrington, 333 P.3d 410 (Wash. Ct. App. 2014). “*815 PROCEDURE ¶20 The State of Washington charged Russell Harrington with first degree kidnapping in violation of RCW 9A.40.020 and sentence enhancements for domestic violence, use of a firearm, and deliberate cruelty.”
State v. Blakely, 111 Wash. App. 851 (Wash. Ct. App. 2002).
State v. Rudy, 719 P.2d 550 (Wash. 1986).
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