Wash. Rev. Code » Title 9A · Chapter 9A.52
Revised Code of Washington

Wash. Rev. Code § 9A.52.020 (2026)

Burglary in the first degree

✓ current as of May 2026
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(1) A person is guilty of burglary in the first degree if, with intent to commit a crime against a person or property therein, he or she enters or remains unlawfully in a building and if, in entering or while in the building or in immediate flight therefrom, the actor or another participant in the crime (a) is armed with a deadly weapon, or (b) assaults any person.
(2) Burglary in the first degree is a class A felony.
[ 1996 c 15 s 1; 1995 c 129 s 9 (Initiative Measure No. 159); 1975 1st ex.s. c 260 s 9A.52.020.]

Notes:

Findings and intent—Short title—Severability—Captions not law—1995 c 129: See notes following RCW 9.94A.510.
Notes of Decisions
Cited in 298 cases (45 in the last 5 years), 1977–2026 · leading case: State v. Wentz, 149 Wash. 2d 342 (Wash. 2003).
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State v. Wentz, 149 Wash. 2d 342 (Wash. 2003). · cites it 6× “RCW 9A.52.020, .025, .030. This language is crucial, for it discloses the purpose of the burglary statutes—to prohibit and punish conduct creating a risk of or actual harm to persons and property within a building.”
State v. Wentz, 68 P.3d 282 (Wash. 2003). · cites it 6× “RCW 9A.52.020, .025, .030. This language is crucial, for it discloses the purpose of the burglary statutes—to prohibit and punish conduct creating a risk of or actual harm to persons and property within a building.”
State v. Kindell, 326 P.3d 876 (Wash. Ct. App. 2014). · cites it 8× “Compare RCW 9A.52.020 (first degree burglary), with RCW 9A.”
State v. Sweet, 980 P.2d 1223 (Wash. 1999). · cites it 6× “011 (1)(c); burglary in the first degree, RCW 9A.52.020 (1)(b); and criminal conspiracy to commit burglary in the first degree, RCW 9A.”
Francisco Moreno, Appellant/cr-respondent v. State Of Washington, Respondent/cr-appellant, 470 P.3d 507 (Wash. Ct. App. 2020). · cites it 8× “Still, it found that “RCW 9A.52.020 does not require the State to prove the defendant knew he was acting unlawfully.”
State v. Williams, 150 P.3d 111 (Wash. Ct. App. 2007). · cites it 4× “RCW 9A.52.020. In this case, two distinct criminal acts were alleged, the assault against Johnson and the assault against Otis.”
State v. Williams, 136 Wash. App. 486 (Wash. Ct. App. 2007). · cites it 4× “RCW 9A.52.020. In this case, two distinct criminal acts were alleged: the assault against Johnson and the assault against Otis.”
State v. Wilson, 136 Wash. App. 596 (Wash. Ct. App. 2007). · cites it 5× “¶20 The issue, then, is whether under the circumstances of this case, Wilson could be guilty of burglary within the meaning of RCW 9A.52.020 and RCW 9A.52.010(3). 1. Elements A person is guilty of burglary in the first degree if, with intent to commit a crime against a person or…”
State v. Wilson, 150 P.3d 144 (Wash. Ct. App. 2007). · cites it 5× “¶ 20 The issue, then, is whether under the circumstances of this case, Wilson could be guilty of burglary within the meaning of RCW 9A.52.020 and RCW 9A.52.010(3). 1. Elements A person is guilty of burglary in the first degree if, with intent to commit a crime against a person…”
State v. Johnson, 674 P.2d 145 (Wash. 1983). · cites it 4× “RCW 9A.52.020. [3] We use the term "presumption" broadly to include all instructions which inform a trier of fact that, under certain circumstances, it is required or allowed to draw a conclusion from certain supporting facts.”
State v. Elmore, 154 Wash. App. 885 (Wash. Ct. App. 2010). · cites it 4× “RCW 9A.52.020. In oral argument on November 30,2009, defense counsel argued that the 2007 amendments could not be applied under State v.”
State v. Elmore, 228 P.3d 760 (Wash. Ct. App. 2010). · cites it 4× “A person is guilty of first degree burglary if, with intent to commit a crime against a person or property therein, he or she enters or remains unlawfully in a building and is either armed with a deadly weapon or assaults any person while inside or in immediate flight therefrom.”
Show all 298 citing cases →
— Wash. Rev. Code § 9A.52.020(1) — 111 cases
State v. Wentz, 149 Wash. 2d 342 (Wash. 2003). “RCW 9A.52.020, .025, .030. This language is crucial, for it discloses the purpose of the burglary statutes—to prohibit and punish conduct creating a risk of or actual harm to persons and property within a building.”
State v. Wentz, 68 P.3d 282 (Wash. 2003). “RCW 9A.52.020, .025, .030. This language is crucial, for it discloses the purpose of the burglary statutes—to prohibit and punish conduct creating a risk of or actual harm to persons and property within a building.”
State v. Kindell, 326 P.3d 876 (Wash. Ct. App. 2014). “Compare RCW 9A.52.020 (first degree burglary), with RCW 9A.”
State Of Washington v. Joshua Lambert, 395 P.3d 1080 (Wash. Ct. App. 2017).
State v. Brown, 173 P.3d 245 (Wash. 2007).
— Wash. Rev. Code § 9A.52.020(1)(a) — 17 cases
State v. Martinez, 86 P.3d 1210 (Wash. Ct. App. 2004).
State v. Hentz, 663 P.2d 476 (Wash. 1983).
State v. Martinez, 86 P.3d 1210 (Wash. Ct. App. 2004).
State v. Kelley, 168 Wash. 2d 72 (Wash. 2010).
State v. Faille, 766 P.2d 478 (Wash. Ct. App. 1988).
— Wash. Rev. Code § 9A.52.020(1)(b) — 17 cases
State v. Wilson, 150 P.3d 144 (Wash. Ct. App. 2007). “¶ 20 The issue, then, is whether under the circumstances of this case, Wilson could be guilty of burglary within the meaning of RCW 9A.52.020 and RCW 9A.52.010(3). 1. Elements A person is guilty of burglary in the first degree if, with intent to commit a crime against a person…”
State v. Sweet, 980 P.2d 1223 (Wash. 1999). “011 (1)(c); burglary in the first degree, RCW 9A.52.020 (1)(b); and criminal conspiracy to commit burglary in the first degree, RCW 9A.”
State v. Bowerman, 802 P.2d 116 (Wash. 1990).
State v. Calhoun, 257 P.3d 693 (Wash. Ct. App. 2011).
State v. Dow, 253 P.3d 476 (Wash. Ct. App. 2011).
— Wash. Rev. Code § 9A.52.020(2) — 22 cases
State v. Fain, 617 P.2d 720 (Wash. 1980).
State v. Jones, 118 Wash. App. 199 (Wash. Ct. App. 2003).
State v. Jones, 76 P.3d 258 (Wash. Ct. App. 2003).
State Of Washington, Resp. v. Christopher Hood, App., 382 P.3d 710 (Wash. Ct. App. 2016).
State v. Toney, 205 P.3d 944 (Wash. Ct. App. 2009).
— Wash. Rev. Code § 9A.52.020(2)(1996) — 1 case
Pers. Restraint Petition Of Phillip Lamont Alexander (Wash. Ct. App. 2018).
— Wash. Rev. Code § 9A.52.020(a) — 3 cases
State v. Elmore, 228 P.3d 760 (Wash. Ct. App. 2010). “A person is guilty of first degree burglary if, with intent to commit a crime against a person or property therein, he or she enters or remains unlawfully in a building and is either armed with a deadly weapon or assaults any person while inside or in immediate flight therefrom.”
State of New Hampshire v. Tariq Zubhuza, 90 A.3d 614 (N.H. 2014).
Francisco Moreno, Appellant/cr-respondent v. State Of Washington, Respondent/cr-appellant, 470 P.3d 507 (Wash. Ct. App. 2020). “Still, it found that “RCW 9A.52.020 does not require the State to prove the defendant knew he was acting unlawfully.”
— Wash. Rev. Code § 9A.52.020(b) — 1 case
Francisco Moreno, Appellant/cr-respondent v. State Of Washington, Respondent/cr-appellant, 470 P.3d 507 (Wash. Ct. App. 2020). “Still, it found that “RCW 9A.52.020 does not require the State to prove the defendant knew he was acting unlawfully.”
— Wash. Rev. Code § 9A.52.020(l)(a) — 9 cases
State v. Faille, 766 P.2d 478 (Wash. Ct. App. 1988).
State v. Elmore, 154 Wash. App. 885 (Wash. Ct. App. 2010). “RCW 9A.52.020. In oral argument on November 30,2009, defense counsel argued that the 2007 amendments could not be applied under State v.”
State v. Lindsay, 288 P.3d 641 (Wash. Ct. App. 2012).
State v. Caldwell, 734 P.2d 542 (Wash. Ct. App. 1987).
State v. Roose, 957 P.2d 232 (Wash. Ct. App. 1998).
— Wash. Rev. Code § 9A.52.020(l)(b) — 15 cases
State v. Wilson, 136 Wash. App. 596 (Wash. Ct. App. 2007). “¶20 The issue, then, is whether under the circumstances of this case, Wilson could be guilty of burglary within the meaning of RCW 9A.52.020 and RCW 9A.52.010(3). 1. Elements A person is guilty of burglary in the first degree if, with intent to commit a crime against a person or…”
State v. Dow, 162 Wash. App. 324 (Wash. Ct. App. 2011).
State v. Handran, 775 P.2d 453 (Wash. 1989).
State v. Motter, 139 Wash. App. 797 (Wash. Ct. App. 2007).
State v. Early, 853 P.2d 964 (Wash. Ct. App. 1993).
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