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

Wash. Rev. Code § 9A.52.030 (2026)

Burglary in the second degree

✓ current as of May 2026
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(1) A person is guilty of burglary in the second degree if, with intent to commit a crime against a person or property therein, he or she enters or remains unlawfully in a building other than a vehicle or a dwelling.
(2) Burglary in the second degree is a class B felony.
[ 2011 c 336 s 370; 1989 2nd ex.s. c 1 s 2; 1989 c 412 s 2; 1975-'76 2nd ex.s. c 38 s 7; 1975 1st ex.s. c 260 s 9A.52.030.]

Notes:

Effective date—1989 2nd ex.s. c 1: See note following RCW 9A.52.025.
Effective date—Severability—1975-'76 2nd ex.s. c 38: See notes following RCW 9A.08.020.
Notes of Decisions
Cited in 258 cases (30 in the last 5 years), 1978–2026 · leading case: State v. Engel, 166 Wash. 2d 572 (Wash. 2009).
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State v. Engel, 166 Wash. 2d 572 (Wash. 2009). · cites it 5× “” RCW 9A.52.030. A “building” is statutorily defined to include a “fenced area.”
State v. Engel, 210 P.3d 1007 (Wash. 2009). · cites it 5× “" RCW 9A.52.030. A "building" is statutorily defined to include a "fenced area.”
United States v. Ladwig, 192 F. Supp. 3d 1153 (E.D. Wash. 2016). · cites it 7× “Ladwig for the statutory enhancement: second degree burglary, in violation of Wash. Rev. Code § 9A.52.030; attempted second degree rape, in violation of Wash.”
State v. Snedden, 73 P.3d 995 (Wash. 2003). · cites it 6× “” RCW 9A.52.030. Steven J. Snedden made three indecent exposures and one attempted indecent exposure on the premises of Gonzaga University’s Foley Center Library (hereinafter Foley Library).”
State v. Johnson, 674 P.2d 145 (Wash. 1983). · cites it 4× “The State has thus been *624 relieved of its burden of proving every element of the crime charged beyond a reasonable doubt. State v.”
State v. Ehrhardt, 276 P.3d 332 (Wash. Ct. App. 2012). · cites it 4× “RCW 9A.52.030(1); [2] RCW 9A.56.020(1), [3] .”
State v. Jackson, 774 P.2d 1211 (Wash. 1989). · cites it 4× “52.040 and WPIC 60.05 permit the inference of one fact from another as a presumption.”
State v. Johnson, 159 Wash. App. 766 (Wash. Ct. App. 2011). · cites it 6× “A jury found Johnson guilty of second degree burglary, in violation of RCW 9A.52.030, as charged. Johnson appeals his conviction, arguing that (1) a locomotive is not a railway car and that, therefore, insufficient evidence supports the jury’s verdict and (2) the trial court…”
State Of Washington, V. Heather Azevedo, 547 P.3d 287 (Wash. Ct. App. 2024). · cites it 3× “” RCW 9A.52.030. Intent may be inferred by “any person who enters or remains unlawfully in a building.”
State v. Priest, 147 Wash. App. 662 (Wash. Ct. App. 2008). · cites it 6× “§ 1153 and RCW 9A.52.030, with date of offense of October 28,1989.”
State v. Bergeron, 711 P.2d 1000 (Wash. 1985). · cites it 2× “[9] RCW 9A.52.030; WPIC 60.03, 11 Wash. Prac.”
State v. Chelly, 651 P.2d 759 (Wash. Ct. App. 1982). · cites it 8× “RCW 9A.52.030. No inference of intent can be valid if the jury does not understand what it is that is being inferred.”
Show all 258 citing cases →
— Wash. Rev. Code § 9A.52.030(1) — 133 cases
United States v. Ladwig, 192 F. Supp. 3d 1153 (E.D. Wash. 2016). “Ladwig for the statutory enhancement: second degree burglary, in violation of Wash. Rev. Code § 9A.52.030; attempted second degree rape, in violation of Wash.”
State v. Ehrhardt, 276 P.3d 332 (Wash. Ct. App. 2012). “RCW 9A.52.030(1); [2] RCW 9A.56.020(1), [3] .”
State v. Johnson, 159 Wash. App. 766 (Wash. Ct. App. 2011). “A jury found Johnson guilty of second degree burglary, in violation of RCW 9A.52.030, as charged. Johnson appeals his conviction, arguing that (1) a locomotive is not a railway car and that, therefore, insufficient evidence supports the jury’s verdict and (2) the trial court…”
People v. Oram, 217 P.3d 883 (Colo. Ct. App. 2009).
State v. Wentz, 149 Wash. 2d 342 (Wash. 2003).
— Wash. Rev. Code § 9A.52.030(2) — 11 cases
State v. Bernhard, 741 P.2d 1 (Wash. 1987).
State v. Garnier, 763 P.2d 209 (Wash. Ct. App. 1988).
State Of Washington v. Kevin Patrick Sullivan, 415 P.3d 1261 (Wash. Ct. App. 2018).
State Of Washington, V. Howard Lee Ross, 537 P.3d 1114 (Wash. Ct. App. 2023).
State v. C.R.H., 27 P.3d 660 (Wash. Ct. App. 2001).
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