Revised Code of Washington

Wash. Rev. Code § 9A.52.070 (2026)

Criminal trespass in the first degree

✓ current as of May 2026
Find cases: SyfertCases citing this section WA-LEGapp.leg.wa.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar
(1) A person is guilty of criminal trespass in the first degree if he or she knowingly enters or remains unlawfully in a building.
(2) Criminal trespass in the first degree is a gross misdemeanor.
[ 2011 c 336 s 372; 1979 ex.s. c 244 s 12; 1975 1st ex.s. c 260 s 9A.52.070.]

Notes:

Effective date1979 ex.s. c 244: See RCW 9A.44.902.
Notes of Decisions
Cited in 92 cases (11 in the last 5 years), 1979–2026 · leading case: State v. Weaver, 496 P.3d 1183 (Wash. 2021).
State v. Weaver, 496 P.3d 1183 (Wash. 2021). · cites it 3× “Weaver alleges that the jury instruction for knowledge conflicted with the instruction for trespass, relieving the State of its burden of proving each element of criminal trespass beyond a reasonable doubt.”
State v. Scott, 757 P.2d 492 (Wash. 1988). · cites it 2× “" RCW 9A.52.070(1). In this case, the jury must be instructed on the definition of "knowingly" in RCW 9A.”
State v. Martell, 591 P.2d 789 (Wash. Ct. App. 1979). · cites it 6× “Defendant, Joseph John Martell, appeals from his conviction by a Pierce County jury of criminal trespass in the first degree, RCW 9A.52.070(1). The issue is whether defendant was denied equal protection of the laws under the Fourteenth Amendment by the trial court's refusal to…”
State Of Washington, V. Heather Azevedo, 547 P.3d 287 (Wash. Ct. App. 2024). · cites it 3× “” RCW 9A.52.070. Criminal trespass is not a lesser included offense of burglary in the second degree.”
State v. Garcia, 318 P.3d 266 (Wash. 2014). · cites it 2× “2d 1000 (1985); see RCW 9A.52.070 (The act of knowingly entering or remaining unlawfully in a building without the additional intent element is criminal trespass in the first degree.”
State v. Olson, 329 P.3d 121 (Wash. Ct. App. 2014). · cites it 4× “¶40 The legislature enacted statutory defenses for the crimes of criminal trespass in the first degree and criminal trespass in the second degree.”
City of Bremerton v. Widell, 51 P.3d 733 (Wash. 2002). · cites it 2× “090 provides several defenses to the above crime: In any prosecution under RCW 9A.52.070 and 9A.52.080, it is a defense that: (1) A building involved in an offense under RCW 9A.”
City of Bremerton v. Widell, 51 P.3d 733 (Wash. 2002). · cites it 2× “090 provides several defenses to the above crime: In any prosecution under RCW 9A.52.070 and 9A.52.080, it is a defense that: *737 (1) A building involved in an offense under RCW 9A.”
State v. Rice, 655 P.2d 1145 (Wash. 1983). · cites it 2× “RCW 9A.52.070, 9A.28.020(3)(e). At the disposition hearing on July 17, 1981, Rice's parole officer recommended a 52- to 65-week commitment.”
State v. Brown, 751 P.2d 331 (Wash. Ct. App. 1988). · cites it 4× “The jury found Brown guilty of the lesser included offense of criminal trespass in the first degree.”
State v. Little, 806 P.2d 749 (Wash. 1991). · cites it 2× “Little was charged by information with one count of criminal trespass, RCW 9A.52.070, and one count of obstructing a public servant, RCW 9A.”
State v. Wadsworth, 991 P.2d 80 (Wash. 2000). · cites it 2× “[27] Respondent was then cited for criminal trespass in the first degree in violation of RCW 9A.52.070(1) and making a false or misleading statement to a public servant in violation of RCW 9A.”
— Wash. Rev. Code § 9A.52.070(1) — 41 cases
State v. Scott, 757 P.2d 492 (Wash. 1988). “" RCW 9A.52.070(1). In this case, the jury must be instructed on the definition of "knowingly" in RCW 9A.”
State v. Martell, 591 P.2d 789 (Wash. Ct. App. 1979). “Defendant, Joseph John Martell, appeals from his conviction by a Pierce County jury of criminal trespass in the first degree, RCW 9A.52.070(1). The issue is whether defendant was denied equal protection of the laws under the Fourteenth Amendment by the trial court's refusal to…”
State v. Garcia, 318 P.3d 266 (Wash. 2014). “2d 1000 (1985); see RCW 9A.52.070 (The act of knowingly entering or remaining unlawfully in a building without the additional intent element is criminal trespass in the first degree.”
State v. Wadsworth, 991 P.2d 80 (Wash. 2000). “[27] Respondent was then cited for criminal trespass in the first degree in violation of RCW 9A.52.070(1) and making a false or misleading statement to a public servant in violation of RCW 9A.”
State v. Wadsworth, 139 Wash. 2d 724 (Wash. 2000).
— Wash. Rev. Code § 9A.52.070(2) — 5 cases
State v. Pittman, 134 Wash. App. 376 (Wash. Ct. App. 2006).
State v. Olson, 329 P.3d 121 (Wash. Ct. App. 2014). “¶40 The legislature enacted statutory defenses for the crimes of criminal trespass in the first degree and criminal trespass in the second degree.”
State v. Pittman, 166 P.3d 720 (Wash. Ct. App. 2006).
— Wash. Rev. Code § 9A.52.070(l) — 1 case
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.