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

Wash. Rev. Code § 9A.40.030 (2026)

Kidnapping in the second degree

✓ current as of May 2026
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(1) A person is guilty of kidnapping in the second degree if he or she intentionally abducts another person under circumstances not amounting to kidnapping in the first degree.
(2) In any prosecution for kidnapping in the second degree, it is a defense if established by the defendant by a preponderance of the evidence that (a) the abduction does not include the use of or intent to use or threat to use deadly force, and (b) the actor is a relative of the person abducted, and (c) the actor's sole intent is to assume custody of that person. Nothing contained in this paragraph shall constitute a defense to a prosecution for, or preclude a conviction of, any other crime.
(3)(a) Except as provided in (b) of this subsection, kidnapping in the second degree is a class B felony.
(b) Kidnapping in the second degree with a finding of sexual motivation under RCW 9.94A.835 or 13.40.135 is a class A felony.
[ 2003 c 53 s 65; 2001 2nd sp.s. c 12 s 356; 1975 1st ex.s. c 260 s 9A.40.030.]

Notes:

Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 ss 301-363: See note following RCW 9.94A.030.
Notes of Decisions
Cited in 64 cases (8 in the last 5 years), 1979–2026 · leading case: Blakely v. Washington, 542 U.S. 296 (2004).
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Blakely v. Washington, 542 U.S. 296 (2004). · cites it 4× “See Wash. Rev. Code Ann. § 9A.40.030 (2003) (second *321 degree kidnaping class B felony since 1975); see also State v.”
State v. Billups, 813 P.2d 149 (Wash. Ct. App. 1991). · cites it 6× “The elements of kidnapping in the second degree are set forth in RCW 9A.40.030 as follows: (1) A person is guilty of kidnapping in the second degree if he intentionally abducts another person under circumstances not amounting to kidnapping in the first degree.”
State v. McCullum, 656 P.2d 1064 (Wash. 1983). · cites it 2× “050(1)(b) (felony murder); RCW 9A.40.030 (kidnapping); RCW 9A.44.030 (sexual offenses); RCW 9A.”
State v. Acosta, 683 P.2d 1069 (Wash. 1984). · cites it 2× “050(1)(b) (felony murder); RCW 9A.40.030 (kidnapping); RCW 9A.44.030 (sexual offenses); RCW 9A.”
State v. Coates, 735 P.2d 64 (Wash. 1987). · cites it 2× “050(1)(b) (felony murder); RCW 9A.40.030 (kidnapping); RCW 9A.44.030 (sexual offenses); RCW 9A.”
United States v. Hammoud, 381 F.3d 316 (4th Cir. 2004). “See Wash. Rev.Code § 9A.40.030(3)(a) (Westlaw 2004).”
State v. Blakely, 47 P.3d 149 (Wash. Ct. App. 2002). · cites it 2× “As charged in the original information, the first degree kidnapping count alleged intentional abduction of a person with the intent to inflict extreme mental distress.”
State v. Russell, 16 P.3d 664 (Wash. Ct. App. 2001). · cites it 2× “[ [59] ] RCW 9A.40.030 provided: (1) A person is guilty of kidnapping in the second degree if he intentionally abducts another person under circumstances not amounting to kidnapping in the first degree.”
State v. Russell, 104 Wash. App. 422 (Wash. Ct. App. 2001). · cites it 2× “(2) Kidnapping in the first degree is a class A felony[ 59 ] RCW 9A.40.030 provided: (1) A person is guilty of kidnapping in the second degree if he intentionally abducts another person under circumstances not amounting to kidnapping in the first degree.”
State v. Green, 588 P.2d 1370 (Wash. 1979). · cites it 2× “00, as "to restrain a person with intent to prevent his liberation 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 physical force.”
State v. Saunders, 311 P.3d 601 (Wash. Ct. App. 2013). · cites it 3× “) ¶11 Although this instruction mirrors the language in the statute defining “kidnapping in the second degree,” RCW 9A.40.030, Saunders nevertheless argues it omits an essential element of the crime.”
State v. Garcia, 318 P.3d 266 (Wash. 2014). “RCW 9A.40.030. The defendant’s intent distinguishes the two degrees of kidnapping.”
Show all 64 citing cases →
— Wash. Rev. Code § 9A.40.030(1) — 19 cases
State v. Green, 588 P.2d 1370 (Wash. 1979). “00, as "to restrain a person with intent to prevent his liberation 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 physical force.”
State v. Rattana Keo Phuong, 299 P.3d 37 (Wash. Ct. App. 2013).
Portalatin v. Graham, 624 F.3d 69 (2d Cir. 2010).
State v. Johnson, 600 P.2d 1249 (Wash. 1979).
State v. Billups, 813 P.2d 149 (Wash. Ct. App. 1991). “The elements of kidnapping in the second degree are set forth in RCW 9A.40.030 as follows: (1) A person is guilty of kidnapping in the second degree if he intentionally abducts another person under circumstances not amounting to kidnapping in the first degree.”
— Wash. Rev. Code § 9A.40.030(2) — 5 cases
State v. Mannering, 75 P.3d 961 (Wash. 2003).
State v. Mannering, 150 Wash. 2d 277 (Wash. 2003).
State v. Pawling, 597 P.2d 1367 (Wash. Ct. App. 1979).
State v. Collins, 726 P.2d 491 (Wash. Ct. App. 1986).
State v. Tuitasi, 729 P.2d 75 (Wash. Ct. App. 1986).
— Wash. Rev. Code § 9A.40.030(3) — 1 case
Blakely v. Washington, 542 U.S. 296 (2004). “See Wash. Rev. Code Ann. § 9A.40.030 (2003) (second *321 degree kidnaping class B felony since 1975); see also State v.”
— Wash. Rev. Code § 9A.40.030(3)(a) — 2 cases
United States v. Hammoud, 381 F.3d 316 (4th Cir. 2004). “See Wash. Rev.Code § 9A.40.030(3)(a) (Westlaw 2004).”
State Of Washington, V. William Emory McDowell (Wash. Ct. App. 2026).
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