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

Wash. Rev. Code § 9A.52.100 (2026)

Vehicle prowling in the second degree

✓ current as of May 2026
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(1) A person is guilty of vehicle prowling 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 vehicle other than a motor home, as defined in RCW 46.04.305, or a vessel equipped for propulsion by mechanical means or by sail which has a cabin equipped with permanently installed sleeping quarters or cooking facilities.
(2) Except as provided in subsection (3) of this section, vehicle prowling in the second degree is a gross misdemeanor.
(3) Vehicle prowling in the second degree is a class C felony upon a third or subsequent conviction of vehicle prowling in the second degree. A third or subsequent conviction means that a person has been previously convicted at least two separate occasions of the crime of vehicle prowling in the second degree.
(4) Multiple counts of vehicle prowling (a) charged in the same charging document do not count as separate offenses for the purposes of charging as a felony based on previous convictions for vehicle prowling in the second degree and (b) based on the same date of occurrence do not count as separate offenses for the purposes of charging as a felony based on previous convictions for vehicle prowling in the second degree.
[ 2013 c 267 s 1; 2011 c 336 s 376; 1982 1st ex.s. c 47 s 14; 1975 1st ex.s. c 260 s 9A.52.100.]

Notes:

Severability—1982 1st ex.s. c 47: See note following RCW 9.41.190.
Notes of Decisions
Cited in 23 cases (1 in the last 5 years), 1983–2021 · leading case: State v. Unga, 165 Wash. 2d 95 (Wash. 2008).
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State v. Unga, 165 Wash. 2d 95 (Wash. 2008). · cites it 2× “See RCW 9A.52.100. The State made this concession in light of Detective Mikulcik’s promise that Unga would not be charged with the graffiti.”
State v. Vrieling, 144 Wash. 2d 489 (Wash. 2001). · cites it 2× “RCW 9A.52.100. Motor homes are expressly excepted from vehicle prowling in the second degree.”
State v. Vrieling, 28 P.3d 762 (Wash. 2001). · cites it 2× “RCW 9A.52.100. Motor homes are *768 expressly excepted from vehicle prowling in the second degree.”
State v. Wentz, 149 Wash. 2d 342 (Wash. 2003). “If we read the qualifying language to modify “vehicle,” such a person who unlawfully enters a car that is not used for the noted purposes could only be charged with second degree vehicle prowling, a gross misdemeanor under RCW 9A.52.100. If that same person broke into a delivery…”
State v. Wentz, 68 P.3d 282 (Wash. 2003). “If we read the qualifying language to modify "vehicle," such a person who unlawfully enters a car that is not used for the noted purposes could only be charged with second degree vehicle prowling, a gross misdemeanor under RCW 9A.52.100. If that same person broke into a delivery…”
State v. Unga, 196 P.3d 645 (Wash. 2008). · cites it 2× “See RCW 9A.52.100. The State made this concession in light of Detective Mikulcik's promise that Unga would not be charged with the graffiti.”
State v. Hunotte, 851 P.2d 694 (Wash. Ct. App. 1993). · cites it 2× “Hunotte was charged in Pierce County Juvenile Court with two gross misdemeanors, vehicle prowling in the second degree (RCW 9A.52.100) and malicious mischief in the third degree (RCW 9A.”
State v. Tyson, 658 P.2d 55 (Wash. Ct. App. 1983). · cites it 2× “RCW 9A.52.100; RCW 9A.04.110(26); RCW 46.”
State v. Lass, 777 P.2d 539 (Wash. Ct. App. 1989). · cites it 2× “RCW 9A.52.100. Mr. Lass had to unlawfully enter the truck in order to take it without permission.”
City of Seattle v. Hogan, 766 P.2d 1134 (Wash. Ct. App. 1989). · cites it 2× “The charge may be brought in Seattle District Court under the state statutes, RCW 9A.52.100 and RCW 9A.28.020, or in Seattle Municipal Court under the substantively identical city ordinances, SMC 12A.”
State Of Washington v. Clifford Paul Lapointe, Jr. (Wash. Ct. App. 2017). · cites it 36× “— In 2013, the Washington State Legislature amended RCW 9A.52.100 to elevate the crime of gross misdemeanor vehicle prowling in the second degree to a class C felony "upon a third or subsequent conviction.”
State v. Chesley, 239 P.3d 1160 (Wash. Ct. App. 2010). “involving physical harm or threats of harm to . . .”
Show all 23 citing cases →
— Wash. Rev. Code § 9A.52.100(1) — 9 cases
State v. Unga, 165 Wash. 2d 95 (Wash. 2008). “See RCW 9A.52.100. The State made this concession in light of Detective Mikulcik’s promise that Unga would not be charged with the graffiti.”
State v. Vrieling, 144 Wash. 2d 489 (Wash. 2001). “RCW 9A.52.100. Motor homes are expressly excepted from vehicle prowling in the second degree.”
State v. Vrieling, 28 P.3d 762 (Wash. 2001). “RCW 9A.52.100. Motor homes are *768 expressly excepted from vehicle prowling in the second degree.”
State v. Unga, 196 P.3d 645 (Wash. 2008). “See RCW 9A.52.100. The State made this concession in light of Detective Mikulcik's promise that Unga would not be charged with the graffiti.”
State v. Moreno, 499 P.3d 198 (Wash. 2021).
— Wash. Rev. Code § 9A.52.100(1975) — 1 case
State Of Washington v. Clifford Paul Lapointe, Jr. (Wash. Ct. App. 2017). “— In 2013, the Washington State Legislature amended RCW 9A.52.100 to elevate the crime of gross misdemeanor vehicle prowling in the second degree to a class C felony "upon a third or subsequent conviction.”
— Wash. Rev. Code § 9A.52.100(2) — 2 cases
State v. Maganai, 923 P.2d 718 (Wash. Ct. App. 1996).
State Of Washington v. Clifford Paul Lapointe, Jr. (Wash. Ct. App. 2017). “— In 2013, the Washington State Legislature amended RCW 9A.52.100 to elevate the crime of gross misdemeanor vehicle prowling in the second degree to a class C felony "upon a third or subsequent conviction.”
— Wash. Rev. Code § 9A.52.100(3) — 1 case
State Of Washington v. Clifford Paul Lapointe, Jr. (Wash. Ct. App. 2017). “— In 2013, the Washington State Legislature amended RCW 9A.52.100 to elevate the crime of gross misdemeanor vehicle prowling in the second degree to a class C felony "upon a third or subsequent conviction.”
— Wash. Rev. Code § 9A.52.100(4) — 1 case
State Of Washington v. Clifford Paul Lapointe, Jr. (Wash. Ct. App. 2017). “— In 2013, the Washington State Legislature amended RCW 9A.52.100 to elevate the crime of gross misdemeanor vehicle prowling in the second degree to a class C felony "upon a third or subsequent conviction.”
— Wash. Rev. Code § 9A.52.100(4)(a) — 1 case
State Of Washington v. Clifford Paul Lapointe, Jr. (Wash. Ct. App. 2017). “— In 2013, the Washington State Legislature amended RCW 9A.52.100 to elevate the crime of gross misdemeanor vehicle prowling in the second degree to a class C felony "upon a third or subsequent conviction.”
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