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

Wash. Rev. Code § 9A.40.040 (2026)

Unlawful imprisonment

✓ current as of May 2026
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(1) A person is guilty of unlawful imprisonment if he or she knowingly restrains another person.
(2) Unlawful imprisonment is a class C felony.
[ 2011 c 336 s 365; 1975 1st ex.s. c 260 s 9A.40.040.]
Notes of Decisions
Cited in 120 cases (20 in the last 5 years), 1978–2026 · leading case: State v. Rattana Keo Phuong, 299 P.3d 37 (Wash. Ct. App. 2013).
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State v. Rattana Keo Phuong, 299 P.3d 37 (Wash. Ct. App. 2013). · cites it 5× “” RCW 9A.40.040. In a separate definitions section of the statute, our legislature defines “restrain” as follows: “ ‘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. Ashley, 375 P.3d 673 (Wash. 2016). · cites it 3× “” This is an essential element of unlawful imprisonment, RCW 9A.40.040. “A person is guilty of unlawful imprisonment if he or she knowingly restrains another person.”
State v. Scanlan, 445 P.3d 960 (Wash. 2019). · cites it 2× “physical force, intimidation, or deception." RCW 9A.40.010(6). Bagnell's statements to medical personnel provide sufficient direct evidence to support Scanlan's unlawful imprisonment conviction.”
State v. Johnson, 180 Wash. 2d 295 (Wash. 2014). · cites it 3× “Satterberg, Prosecuting Attorney aforesaid further do accuse J.”
State v. Warfield, 5 P.3d 1280 (Wash. Ct. App. 2000). · cites it 8× “They argue that the unlawful imprisonment statute, RCW 9A.40.040, is unconstitutionally vague and that their convictions should have been dismissed because the State failed to prove an essential element of the crime—that they knowingly acted without lawful authority when they…”
State v. Robinson, 582 P.2d 580 (Wash. Ct. App. 1978). · cites it 6× “The car drove on and later pulled up beside her again. As she started to walk across a lawn, the defendant, who was alone in his car, jumped out and chased her.”
State Of Washington v. George Abraham Dillon, 456 P.3d 1199 (Wash. Ct. App. 2020). “” RCW 9A.40.040. The word “restrain” has four components: “(1) restricting another’s movement; (2) without that person’s consent; (3) without legal authority; and (4) in a manner that substantially interferes with that person’s liberty.”
State v. Smith, 610 P.2d 869 (Wash. 1980). · cites it 2× “040; unlawful imprisonment, RCW 9A.40.040; extortion in the *364 second degree, RCW 9A.”
State v. Frohs, 924 P.2d 384 (Wash. Ct. App. 1996). · cites it 3× “Frohs was charged with one count of unlawful imprisonment, in violation of RCW 9A.40.040, and one count of fourth degree assault, in violation of RCW 9A.”
State of Washington v. Jose Antonio Manajares, 391 P.3d 530 (Wash. Ct. App. 2017). · cites it 3× “Manajares’s immigration expert nor his lawyer on appeal have identified any federally defined aggravated felony into which unlawful imprisonment under RCW 9A.40.040 fits categorically, or would ever fit.”
State v. J.M., 28 P.3d 720 (Wash. 2001). “3d 1280 (2000) (“knowingly” in “knowingly restrain” in RCW 9A.40.040 is an adverb which modifies the verb “restrain”; “restrain” as defined has four components, thus all four components are modified by *481 “knowingly”).”
State v. Russell, 16 P.3d 664 (Wash. Ct. App. 2001). · cites it 2× “[ [60] ] RCW 9A.40.040 provided: (1) A person is guilty of unlawful imprisonment if he knowingly restrains another person.”
Show all 120 citing cases →
— Wash. Rev. Code § 9A.40.040(1) — 55 cases
State v. Scanlan, 445 P.3d 960 (Wash. 2019). “physical force, intimidation, or deception." RCW 9A.40.010(6). Bagnell's statements to medical personnel provide sufficient direct evidence to support Scanlan's unlawful imprisonment conviction.”
State v. Rattana Keo Phuong, 299 P.3d 37 (Wash. Ct. App. 2013). “” RCW 9A.40.040. In a separate definitions section of the statute, our legislature defines “restrain” as follows: “ ‘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. Ashley, 375 P.3d 673 (Wash. 2016). “” This is an essential element of unlawful imprisonment, RCW 9A.40.040. “A person is guilty of unlawful imprisonment if he or she knowingly restrains another person.”
State of Washington v. Jose Antonio Manajares, 391 P.3d 530 (Wash. Ct. App. 2017). “Manajares’s immigration expert nor his lawyer on appeal have identified any federally defined aggravated felony into which unlawful imprisonment under RCW 9A.40.040 fits categorically, or would ever fit.”
State v. Roberts, 14 P.3d 713 (Wash. 2000).
— Wash. Rev. Code § 9A.40.040(2) — 8 cases
State Of Washington, V Richard Carl Howard, Ii (Wash. Ct. App. 2017).
State of Washington v. Brenten Michael Mulroy (Wash. Ct. App. 2019).
State Of Washington v. Vernon Wayne Officer, Jr. (Wash. Ct. App. 2019).
State of Washington v. Christopher P. Robbins (Wash. Ct. App. 2020).
State Of Washington, V. Floyd Tayler (Wash. Ct. App. 2022).
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