Revised Code of Washington
Wash. Rev. Code § 9A.42.030 (2026)
Criminal mistreatment in the second degree
✓ current as of May 2026
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(1) A parent of a child, the person entrusted with the physical custody of a child or dependent person, a person who has assumed the responsibility to provide to a dependent person the basic necessities of life, or a person employed to provide to the child or dependent person the basic necessities of life is guilty of criminal mistreatment in the second degree if he or she with criminal negligence, as defined in RCW 9A.08.010, either (a) creates an imminent and substantial risk of death or great bodily harm by withholding any of the basic necessities of life, or (b) causes substantial bodily harm by withholding any of the basic necessities of life.
(2) Criminal mistreatment in the second degree is a class C felony.
Notes:
Finding—Intent—2017 c 266: See note following RCW 9A.42.020.
Short title—Findings—Construction—Conflict with federal requirements—Part headings and captions not law—1997 c 392: See notes following RCW 74.39A.009.
Notes of Decisions
Cited in 42
cases (7 in the last 5 years), 1990–2026 · leading case: State v. Creekmore, 783 P.2d 1068 (Wash. Ct. App. 1990).
State v. Creekmore, 783 P.2d 1068 (Wash. Ct. App. 1990). “060(1)(a), whereas felony murder by criminal mistreatment depends on three additional elements: (1) the defendant must be a parent or custodian of the victim; (2) the victim must be a child or dependent; and (3) the death must be caused by withholding a basic necessity of life …”
State v. Van Woerden, 967 P.2d 14 (Wash. Ct. App. 1998). “The statute under which the defendants were charged, RCW 9A.42.030, requires the State to prove, among other elements, that PTSD constitutes either “great bodily harm” or “substantial bodily harm.”
State v. Dunn, 916 P.2d 952 (Wash. Ct. App. 1996). “The State contends the Legislature intended to include a pregnant woman within the definition of "parent,” and a viable unborn child, or fetus, within the definition of "child” in RCW 9A.42.030. Noting that a fetus is a "minor child” for the purposes of the wrongful death…”
State v. McGary, 93 P.3d 941 (Wash. Ct. App. 2004). “2d 952 (1996), the legislative history of RCW 9A.42.030 also suggests that the Legislature intended the criminal mistreatment statutes to address risk of harm created by withholding the basic necessities of life.”
State v. Jackson, 976 P.2d 1229 (Wash. 1999). “020, the first degree criminal mistreatment statute, and in RCW 9A.42.030, the second degree criminal mistreatment statute.”
State v. McGary, 122 Wash. App. 308 (Wash. Ct. App. 2004). “2d 952 (1996), the legislative history of RCW 9A.42.030 also suggests that the legislature intended the criminal mistreatment statutes to address risk of harm created by withholding the basic necessities of life.”
State v. Womac, 160 Wash. 2d 643 (Wash. 2007). ““A parent of a child, the person entrusted with the physical custody of a child or dependent person, a person who has assumed the responsibility to provide to a dependent person the basic necessities of life, or a person employed to provide to the child or dependent person the…”
State v. Womac, 160 P.3d 40 (Wash. 2007). “"A parent of a child, the person entrusted with the physical custody of a child or dependent person, a person who has assumed the responsibility to provide to a dependent person the basic necessities of life, or a person employed to provide to the child or dependent person the…”
State v. Johnson, 180 Wash. 2d 295 (Wash. 2014). “See RCW 9A.42.030(1); RCW 9A.08.010(1)(c). The added language makes the definition confusing given the multiple layers of substantial risks contemplated.”
State v. Watt, 160 Wash. 2d 626 (Wash. 2007). “RCW 9A.42.030(l)(a). The following phrase was blacked out: “for my wife who was spending money on purchasing drugs on her own.”
State v. Watt, 160 P.3d 640 (Wash. 2007). “NOTES [1] The United States Supreme Court issued Crawford on March 8, 2004, approximately one month before this court denied Watt's first petition for [2] Former RCW 69.”
Ibarra v. Holder, Jr., 736 F.3d 903 (10th Cir. 2013). “22(A) requires a mens rea of recklessness); Washington: Wash. Rev.Code §§ 9A.42.030, 26.20.030 (West, Westlaw through 1996 legislation).”
— Wash. Rev. Code § 9A.42.030(1) — 23 cases
State v. Womac, 160 Wash. 2d 643 (Wash. 2007). ““A parent of a child, the person entrusted with the physical custody of a child or dependent person, a person who has assumed the responsibility to provide to a dependent person the basic necessities of life, or a person employed to provide to the child or dependent person the…”
State v. Womac, 160 P.3d 40 (Wash. 2007). “"A parent of a child, the person entrusted with the physical custody of a child or dependent person, a person who has assumed the responsibility to provide to a dependent person the basic necessities of life, or a person employed to provide to the child or dependent person the…”
State v. Creekmore, 783 P.2d 1068 (Wash. Ct. App. 1990). “060(1)(a), whereas felony murder by criminal mistreatment depends on three additional elements: (1) the defendant must be a parent or custodian of the victim; (2) the victim must be a child or dependent; and (3) the death must be caused by withholding a basic necessity of life …”
State v. Johnson, 180 Wash. 2d 295 (Wash. 2014). “See RCW 9A.42.030(1); RCW 9A.08.010(1)(c). The added language makes the definition confusing given the multiple layers of substantial risks contemplated.”
State v. Jackson, 976 P.2d 1229 (Wash. 1999). “020, the first degree criminal mistreatment statute, and in RCW 9A.42.030, the second degree criminal mistreatment statute.”
— Wash. Rev. Code § 9A.42.030(1)(a) — 1 case
State v. McGary, 93 P.3d 941 (Wash. Ct. App. 2004). “2d 952 (1996), the legislative history of RCW 9A.42.030 also suggests that the Legislature intended the criminal mistreatment statutes to address risk of harm created by withholding the basic necessities of life.”
— Wash. Rev. Code § 9A.42.030(2) — 1 case
State v. Creekmore, 783 P.2d 1068 (Wash. Ct. App. 1990). “060(1)(a), whereas felony murder by criminal mistreatment depends on three additional elements: (1) the defendant must be a parent or custodian of the victim; (2) the victim must be a child or dependent; and (3) the death must be caused by withholding a basic necessity of life …”
— Wash. Rev. Code § 9A.42.030(a) — 1 case
State v. Watt, 160 P.3d 640 (Wash. 2007). “NOTES [1] The United States Supreme Court issued Crawford on March 8, 2004, approximately one month before this court denied Watt's first petition for [2] Former RCW 69.”
— Wash. Rev. Code § 9A.42.030(l)(a) — 5 cases
State v. Dunn, 916 P.2d 952 (Wash. Ct. App. 1996). “The State contends the Legislature intended to include a pregnant woman within the definition of "parent,” and a viable unborn child, or fetus, within the definition of "child” in RCW 9A.42.030. Noting that a fetus is a "minor child” for the purposes of the wrongful death…”
State v. McGary, 122 Wash. App. 308 (Wash. Ct. App. 2004). “2d 952 (1996), the legislative history of RCW 9A.42.030 also suggests that the legislature intended the criminal mistreatment statutes to address risk of harm created by withholding the basic necessities of life.”
State v. Watt, 160 Wash. 2d 626 (Wash. 2007). “RCW 9A.42.030(l)(a). The following phrase was blacked out: “for my wife who was spending money on purchasing drugs on her own.”
State Of Washington, V Justin Moses & Aimee Moses, 193 Wash. App. 341 (Wash. Ct. App. 2016).
State v. Bartlett, 875 P.2d 651 (Wash. Ct. App. 1994).
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