Wash. Rev. Code » Title 9A · Chapter 9A.48
Revised Code of Washington

Wash. Rev. Code § 9A.48.040 (2026)

Reckless burning in the first degree

✓ current as of May 2026
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(1) A person is guilty of reckless burning in the first degree if he or she recklessly damages a building or other structure or any vehicle, railway car, aircraft, or watercraft or any hay, grain, crop, or timber whether cut or standing, by knowingly causing a fire or explosion.
(2) Reckless burning in the first degree is a class C felony.
[ 2011 c 336 s 367; 1975 1st ex.s. c 260 s 9A.48.040.]
Notes of Decisions
Cited in 7 cases, 1979–2012 · leading case: State v. Smith, 610 P.2d 869 (Wash. 1980).
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State v. Smith, 610 P.2d 869 (Wash. 1980). · cites it 2× “130; first-degree reckless burning, RCW 9A.48.040; second-degree malicious mischief, RCW 9A.”
State v. Hepton, 54 P.3d 233 (Wash. Ct. App. 2002). · cites it 2× “128 (2000)), one count of first degree reckless burning (RCW 9A.48.040), and five counts of second degree criminal mistreatment of Ms.”
State v. Hepton, 113 Wash. App. 673 (Wash. Ct. App. 2002). · cites it 2× “128 (2000)), one count of first degree reckless burning (RCW 9A.48.040), and five counts of second degree criminal mistreatment of Ms.”
State v. Hall, 593 P.2d 554 (Wash. Ct. App. 1979). · cites it 2× “Defendant, Richard Edward Hall, having been charged with second-degree arson, appeals his conviction by a Pierce County jury for the lesser-included crime of first-degree reckless burning, RCW 9A.48.040. The charge stemmed from a railroad trestle fire near McKenna, Washington,…”
Reliable Credit Ass'n v. Progressive Direct Ins., 287 P.3d 698 (Wash. Ct. App. 2012). “040 provides: (1) A person is guilty of reckless burning in the first degree if he or she recklessly damages a building or other structure or any vehicle, railway car, aircraft, or watercraft or any hay, grain, crop, or timber whether cut or standing, by knowingly causing a fire…”
State v. Hobart, 659 P.2d 557 (Wash. Ct. App. 1983). “First degree reckless burning requires damage to a building, RCW 9A.48.040, while first degree arson requires damage to a dwelling.”
State v. Wallace, 937 P.2d 200 (Wash. Ct. App. 1997). “The statute states in pertinent part: Home detention may not be imposed for offenders convicted of a violent offense, any sex offense, any drug offense, reckless burning in the first or second degree as defined in RCW 9A.48.040 or 9A.48.050, assault in the third degree as…”
— Wash. Rev. Code § 9A.48.040(1) — 1 case
State v. Hepton, 113 Wash. App. 673 (Wash. Ct. App. 2002). “128 (2000)), one count of first degree reckless burning (RCW 9A.48.040), and five counts of second degree criminal mistreatment of Ms.”
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