Wash. Rev. Code » Title 9A · Chapter 9A.44
Revised Code of Washington

Wash. Rev. Code § 9A.44.040 (2026)

Rape in the first degree

✓ current as of May 2026
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(1) A person is guilty of rape in the first degree when such person engages in sexual intercourse with another person:
(a) By forcible compulsion where the perpetrator or an accessory:
(i) Uses or threatens to use a deadly weapon or what appears to be a deadly weapon; or
(ii) Kidnaps the victim; or
(iii) Inflicts serious physical injury, including but not limited to physical injury which renders the victim unconscious; or
(iv) Feloniously enters into the building or vehicle where the victim is situated, or where the sexual intercourse occurs; or
(b) After the perpetrator or an accessory knowingly furnishes the victim with a legend drug, controlled substance, or controlled substance analog without the victim's knowledge and consent which renders the victim incapable of consent to sexual intercourse due to physical helplessness or mental incapacitation.
(2) Rape in the first degree is a class A felony.
(3) For purposes of this section:
(a) "Legend drug" has the same meaning as "legend drugs" as defined in RCW 69.41.010.
(b) "Controlled substance" has the same meaning as defined in RCW 69.50.101.
(c) "Controlled substance analog" has the same meaning as defined in RCW 69.50.101.
[ 2024 c 297 s 13; 1998 c 242 s 1. Prior: 1983 c 118 s 1; 1983 c 73 s 1; 1982 c 192 s 11; 1982 c 10 s 3; prior: (1) 1981 c 137 s 36; 1979 ex.s. c 244 s 1; 1975 1st ex.s. c 247 s 1; 1975 1st ex.s. c 14 s 4. (2) 1981 c 136 s 57 repealed by 1982 c 10 s 18. Formerly RCW 9.79.170.]

Notes:

Effective date—2024 c 297: See note following RCW 7.68.127.
Severability—1983 c 73: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1983 c 73 s 2.]
Severability—1982 c 10: See note following RCW 6.13.080.
Effective date—1981 c 136: See RCW 72.09.900.
Notes of Decisions
Cited in 185 cases (30 in the last 5 years), 1979–2026 · leading case: State v. Hentz, 663 P.2d 476 (Wash. 1983).
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State v. Hentz, 663 P.2d 476 (Wash. 1983). · cites it 38× “See Senate Bill 3009, 48th Legislature (1983); House Bill 31, 48th Legislature (1983) (amending RCW 9A.44.040 to include use or threat of use of "what appears to be a deadly weapon" (italics mine)).”
State v. Muhammad, 451 P.3d 1060 (Wash. 2019). · cites it 7× “RCW 9A.44.040 states that a person is guilty of first degree rape "when such person engages in sexual intercourse with another person by forcible compulsion.”
State v. Bright, 129 Wash. 2d 257 (Wash. 1996). · cites it 13× “28 First degree rape is codified in RCW 9A.44.040, which provides in relevant part that: (1) A person is guilty of rape in the first degree when such person engages in sexual intercourse with another person by forcible compulsion where the perpetrator or an accessory: (a) Uses…”
State v. Bright, 916 P.2d 922 (Wash. 1996). · cites it 13× “[28] First degree rape is codified in RCW 9A.44.040, which provides in relevant part that: (1) A person is guilty of rape in the first degree when such person engages in sexual intercourse with another person by forcible compulsion where the perpetrator or an accessory: (a) Uses…”
State v. Whitney, 739 P.2d 1150 (Wash. 1987). · cites it 10× “Washington's first degree rape statute, RCW 9A.44.040, provides, in pertinent part: (1) A person is guilty of rape in the first degree when such person engages in sexual intercourse with another person by forcible compulsion where the perpetrator or an accessory: (a) Uses or…”
State Of Washington, V. Alfonso Aguilar, 534 P.3d 360 (Wash. Ct. App. 2023). · cites it 8× “RCW 9A.44.040(1). The jury here was instructed on each of these four alternative means.”
State v. Williams, 234 P.3d 1174 (Wash. Ct. App. 2010). · cites it 6× “; RCW 9A.44.040; see State v. Saltarelli, 98 Wash.”
State v. Tili, 139 Wash. 2d 107 (Wash. 1999). · cites it 4× “In Washington, there are three degrees of rape, which are defined in RCW 9A.44.040, .050, and .060. These three statutory provisions have parallel construction.”
State v. Tili, 985 P.2d 365 (Wash. 1999). · cites it 4× “Each statutory provision defining a degree of rape begins with a paragraph setting forth standard elements that must always be proved for that degree, followed by subparagraphs, only one of which needs to be proved in order to convict.”
State v. Frawley, 167 P.3d 593 (Wash. Ct. App. 2007). · cites it 4× “[5] RCW 9A.44.040 provides: (1) A person is guilty of rape in the first degree when such person engages in sexual intercourse with another person by forcible compulsion where the perpetrator or an accessory: (a) Uses or threatens to use a deadly weapon or what appears to be a…”
State v. Bonds, 653 P.2d 1024 (Wash. 1982). · cites it 4× “We arrived at this conclusion after considering the legislative intent underlying RCW 9A.44.040. In that case, we had no direct expression of the Legislature's intent to guide us.”
State v. Frawley, 140 Wash. App. 713 (Wash. Ct. App. 2007). · cites it 4× “RCW 9A.44.040 provides: (1) A person is guilty of rape in the first degree when such person engages in sexual intercourse with another person by forcible compulsion where the perpetrator or an accessory: (a) Uses or threatens to use a deadly weapon or what appears to be a deadly…”
Show all 185 citing cases →
— Wash. Rev. Code § 9A.44.040(1) — 33 cases
State v. Hentz, 663 P.2d 476 (Wash. 1983). “See Senate Bill 3009, 48th Legislature (1983); House Bill 31, 48th Legislature (1983) (amending RCW 9A.44.040 to include use or threat of use of "what appears to be a deadly weapon" (italics mine)).”
State v. W.R., 336 P.3d 1134 (Wash. 2014).
State of Washington v. Christopher Michael Tasker, II, 373 P.3d 310 (Wash. Ct. App. 2016).
State v. Bonds, 653 P.2d 1024 (Wash. 1982). “We arrived at this conclusion after considering the legislative intent underlying RCW 9A.44.040. In that case, we had no direct expression of the Legislature's intent to guide us.”
State v. Whitney, 739 P.2d 1150 (Wash. 1987). “Washington's first degree rape statute, RCW 9A.44.040, provides, in pertinent part: (1) A person is guilty of rape in the first degree when such person engages in sexual intercourse with another person by forcible compulsion where the perpetrator or an accessory: (a) Uses or…”
— Wash. Rev. Code § 9A.44.040(1)(a) — 18 cases
State v. Hentz, 663 P.2d 476 (Wash. 1983). “See Senate Bill 3009, 48th Legislature (1983); House Bill 31, 48th Legislature (1983) (amending RCW 9A.44.040 to include use or threat of use of "what appears to be a deadly weapon" (italics mine)).”
State v. Bright, 916 P.2d 922 (Wash. 1996). “[28] First degree rape is codified in RCW 9A.44.040, which provides in relevant part that: (1) A person is guilty of rape in the first degree when such person engages in sexual intercourse with another person by forcible compulsion where the perpetrator or an accessory: (a) Uses…”
State v. Bright, 129 Wash. 2d 257 (Wash. 1996). “28 First degree rape is codified in RCW 9A.44.040, which provides in relevant part that: (1) A person is guilty of rape in the first degree when such person engages in sexual intercourse with another person by forcible compulsion where the perpetrator or an accessory: (a) Uses…”
State v. Whitney, 739 P.2d 1150 (Wash. 1987). “Washington's first degree rape statute, RCW 9A.44.040, provides, in pertinent part: (1) A person is guilty of rape in the first degree when such person engages in sexual intercourse with another person by forcible compulsion where the perpetrator or an accessory: (a) Uses or…”
State v. Williams, 150 P.3d 111 (Wash. Ct. App. 2007).
— Wash. Rev. Code § 9A.44.040(1)(a)(ii) — 1 case
State of Washington v. Henry Hauser, Jr. (Wash. Ct. App. 2026).
— Wash. Rev. Code § 9A.44.040(1)(b) — 5 cases
State v. Frawley, 167 P.3d 593 (Wash. Ct. App. 2007). “[5] RCW 9A.44.040 provides: (1) A person is guilty of rape in the first degree when such person engages in sexual intercourse with another person by forcible compulsion where the perpetrator or an accessory: (a) Uses or threatens to use a deadly weapon or what appears to be a…”
State v. Whitney, 739 P.2d 1150 (Wash. 1987). “Washington's first degree rape statute, RCW 9A.44.040, provides, in pertinent part: (1) A person is guilty of rape in the first degree when such person engages in sexual intercourse with another person by forcible compulsion where the perpetrator or an accessory: (a) Uses or…”
State v. Garza, 872 P.2d 1087 (Wash. 1994).
State Of Washington, V. Diego Martinez-Martinez (Wash. Ct. App. 2022).
State Of Washington, V Jeffery A. Roberts (Wash. Ct. App. 2025).
— Wash. Rev. Code § 9A.44.040(1)(c) — 10 cases
State v. Williams, 234 P.3d 1174 (Wash. Ct. App. 2010). “; RCW 9A.44.040; see State v. Saltarelli, 98 Wash.”
State v. Frawley, 167 P.3d 593 (Wash. Ct. App. 2007). “[5] RCW 9A.44.040 provides: (1) A person is guilty of rape in the first degree when such person engages in sexual intercourse with another person by forcible compulsion where the perpetrator or an accessory: (a) Uses or threatens to use a deadly weapon or what appears to be a…”
State Of Washington, V. Alfonso Aguilar, 534 P.3d 360 (Wash. Ct. App. 2023). “RCW 9A.44.040(1). The jury here was instructed on each of these four alternative means.”
State v. Taitt, 970 P.2d 785 (Wash. Ct. App. 1999).
State v. Welker, 683 P.2d 1110 (Wash. Ct. App. 1984).
— Wash. Rev. Code § 9A.44.040(1)(d) — 6 cases
State Of Washington, V. Alfonso Aguilar, 534 P.3d 360 (Wash. Ct. App. 2023). “RCW 9A.44.040(1). The jury here was instructed on each of these four alternative means.”
State v. Klimes, 73 P.3d 416 (Wash. Ct. App. 2003).
State Of Washington v. Brett Ronald Chase (Wash. Ct. App. 2018).
State Of Washington v. Charles Francis Boome (Wash. Ct. App. 2019).
State Of Washington, Respondent/cr-appellant V. James R. Spitzer, Appellant/cr-respondent (Wash. Ct. App. 2023).
— Wash. Rev. Code § 9A.44.040(2) — 10 cases
State v. Fain, 617 P.2d 720 (Wash. 1980).
State v. Williams, 234 P.3d 1174 (Wash. Ct. App. 2010). “; RCW 9A.44.040; see State v. Saltarelli, 98 Wash.”
In re the Pers. Restraint of Smith, 139 Wash. 2d 199 (Wash. 1999).
In Re Smith, 986 P.2d 131 (Wash. 1999).
In re the Pers. Restraint of Wilson, 621 P.2d 151 (Wash. 1980).
— Wash. Rev. Code § 9A.44.040(I)(a) — 1 case
State v. Hale, 611 P.2d 1370 (Wash. Ct. App. 1980).
— Wash. Rev. Code § 9A.44.040(l)(a) — 16 cases
State v. Bright, 129 Wash. 2d 257 (Wash. 1996). “28 First degree rape is codified in RCW 9A.44.040, which provides in relevant part that: (1) A person is guilty of rape in the first degree when such person engages in sexual intercourse with another person by forcible compulsion where the perpetrator or an accessory: (a) Uses…”
State v. Smith, 165 Wash. App. 296 (Wash. Ct. App. 2011).
United States v. Ladwig, 192 F. Supp. 3d 1153 (E.D. Wash. 2016).
State v. Whitney, 739 P.2d 1150 (Wash. 1987). “Washington's first degree rape statute, RCW 9A.44.040, provides, in pertinent part: (1) A person is guilty of rape in the first degree when such person engages in sexual intercourse with another person by forcible compulsion where the perpetrator or an accessory: (a) Uses or…”
State v. Coe, 750 P.2d 208 (Wash. 1988).
— Wash. Rev. Code § 9A.44.040(l)(b) — 4 cases
State v. Frawley, 140 Wash. App. 713 (Wash. Ct. App. 2007). “RCW 9A.44.040 provides: (1) A person is guilty of rape in the first degree when such person engages in sexual intercourse with another person by forcible compulsion where the perpetrator or an accessory: (a) Uses or threatens to use a deadly weapon or what appears to be a deadly…”
State v. Whitney, 739 P.2d 1150 (Wash. 1987). “Washington's first degree rape statute, RCW 9A.44.040, provides, in pertinent part: (1) A person is guilty of rape in the first degree when such person engages in sexual intercourse with another person by forcible compulsion where the perpetrator or an accessory: (a) Uses or…”
State v. Eaton, 919 P.2d 116 (Wash. Ct. App. 1996).
State v. Boot, 697 P.2d 1034 (Wash. Ct. App. 1985).
— Wash. Rev. Code § 9A.44.040(l)(c) — 5 cases
State v. Thompson, 290 P.3d 996 (Wash. Ct. App. 2012).
State v. Davis, 10 P.3d 977 (Wash. 2000).
State v. Frawley, 140 Wash. App. 713 (Wash. Ct. App. 2007). “RCW 9A.44.040 provides: (1) A person is guilty of rape in the first degree when such person engages in sexual intercourse with another person by forcible compulsion where the perpetrator or an accessory: (a) Uses or threatens to use a deadly weapon or what appears to be a deadly…”
State v. Williams, 156 Wash. App. 482 (Wash. Ct. App. 2010).
State of Washington v. Ely Hernandez Garcia (Wash. Ct. App. 2013).
— Wash. Rev. Code § 9A.44.040(l)(d) — 6 cases
State v. Klimes, 117 Wash. App. 758 (Wash. Ct. App. 2003).
State v. Thomson, 861 P.2d 492 (Wash. Ct. App. 1993).
State v. Clinton, 741 P.2d 52 (Wash. Ct. App. 1987).
State v. Aumick, 869 P.2d 421 (Wash. Ct. App. 1994).
State v. Maganai, 923 P.2d 718 (Wash. Ct. App. 1996).
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