Revised Code of Washington

Wash. Rev. Code § 9A.52.080 (2026)

Criminal trespass in the second degree

✓ current as of May 2026
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(1) A person is guilty of criminal trespass in the second degree if he or she knowingly enters or remains unlawfully in or upon premises of another under circumstances not constituting criminal trespass in the first degree.
(2) Criminal trespass in the second degree is a misdemeanor.
[ 2011 c 336 s 373; 1979 ex.s. c 244 s 13; 1975 1st ex.s. c 260 s 9A.52.080.]

Notes:

Effective date1979 ex.s. c 244: See RCW 9A.44.902.
Notes of Decisions
Cited in 71 cases (9 in the last 5 years), 1978–2026 · leading case: City of Bremerton v. Widell, 51 P.3d 733 (Wash. 2002).
City of Bremerton v. Widell, 51 P.3d 733 (Wash. 2002). · cites it 3× “150; RCW 9A.52.080. The cases were consolidated for appeal, culminating in affirmance by the Kitsap County Superior Court.”
City of Bremerton v. Widell, 51 P.3d 733 (Wash. 2002). · cites it 3× “150; RCW 9A.52.080. The cases were consolidated for appeal, culminating in affirmance by the Kitsap County Superior Court.”
State v. Finley, 982 P.2d 681 (Wash. Ct. App. 1999). · cites it 4× “031(1)(g) (assault of a law enforcement officer), and criminal trespass in the second degree, RCW 9A.52.080(1). At trial Mr. Finley reserved opening statement and presented no witnesses.”
State v. Martell, 591 P.2d 789 (Wash. Ct. App. 1979). · cites it 5× “070(1) (criminal trespass in the first degree) or RCW 9A.52.080 (criminal trespass in the second degree).”
State v. Engel, 166 Wash. 2d 572 (Wash. 2009). “CP at 24; see RCW 9A.52.080. The jury found Engel guilty of burglary in the second degree, and the trial court entered judgment.”
State v. Engel, 210 P.3d 1007 (Wash. 2009). “CP at 24; see RCW 9A.52.080. The jury found Engel guilty of burglary in the second degree, and the trial court entered judgment.”
State v. Glover, 806 P.2d 760 (Wash. 1991). · cites it 2× “" RCW 9A.52.080(1). A person enters or remains unlawfully in or upon the premises of another if he is not then "licensed, invited, or otherwise privileged" to be there.”
State v. R.H., 939 P.2d 217 (Wash. Ct. App. 1997). · cites it 3× “By statute, it is a defense to criminal trespass if "[t]he premises were at the time open to members of the public and the actor complied with all lawful conditions imposed on access to or remaining on the premises.”
State v. Little, 806 P.2d 749 (Wash. 1991). · cites it 2× “RCW 9A.52.080(1). A person "enters or remains unlawfully" in or upon premises of another if he is not "licensed, invited, or otherwise privileged" to be there.”
State of Washington v. Anthony Albert Joseph, 381 P.3d 187 (Wash. Ct. App. 2016). · cites it 3× “RCW 9A.52.080(1) (emphasis added). The crime is a simple misdemeanor.”
State v. Olson, 329 P.3d 121 (Wash. Ct. App. 2014). · cites it 2× “” RCW 9A.52.080(1). Criminal trespass in the second degree is a misdemeanor.”
State v. Tidwell, 651 P.2d 228 (Wash. Ct. App. 1982). · cites it 3× “§ 241 and for criminal trespass in the second degree under RCW 9A.52.080, alleging the juvenile court lacked jurisdiction to try him for the federal crime and that he was denied his right to a speedy trial under JuCR 7.”
— Wash. Rev. Code § 9A.52.080(1) — 29 cases
State v. Finley, 982 P.2d 681 (Wash. Ct. App. 1999). “031(1)(g) (assault of a law enforcement officer), and criminal trespass in the second degree, RCW 9A.52.080(1). At trial Mr. Finley reserved opening statement and presented no witnesses.”
State v. Glover, 806 P.2d 760 (Wash. 1991). “" RCW 9A.52.080(1). A person enters or remains unlawfully in or upon the premises of another if he is not then "licensed, invited, or otherwise privileged" to be there.”
State v. R.H., 939 P.2d 217 (Wash. Ct. App. 1997). “By statute, it is a defense to criminal trespass if "[t]he premises were at the time open to members of the public and the actor complied with all lawful conditions imposed on access to or remaining on the premises.”
State v. Little, 806 P.2d 749 (Wash. 1991). “RCW 9A.52.080(1). A person "enters or remains unlawfully" in or upon premises of another if he is not "licensed, invited, or otherwise privileged" to be there.”
State v. C.B., 380 P.3d 626 (Wash. Ct. App. 2016).
— Wash. Rev. Code § 9A.52.080(2) — 4 cases
State v. Olson, 329 P.3d 121 (Wash. Ct. App. 2014). “” RCW 9A.52.080(1). Criminal trespass in the second degree is a misdemeanor.”
State of Washington v. Anthony Albert Joseph, 381 P.3d 187 (Wash. Ct. App. 2016). “RCW 9A.52.080(1) (emphasis added). The crime is a simple misdemeanor.”
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