Wash. Rev. Code » Title 9A · Chapter 9A.56
Revised Code of Washington

Wash. Rev. Code § 9A.56.075 (2026)

Taking motor vehicle without permission in the second 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 taking a motor vehicle without permission in the second degree if he or she, without the permission of the owner or person entitled to possession, intentionally takes or drives away any automobile or motor vehicle, whether propelled by steam, electricity, or internal combustion engine, that is the property of another, or he or she voluntarily rides in or upon the automobile or motor vehicle with knowledge of the fact that the automobile or motor vehicle was unlawfully taken.
(2) Taking a motor vehicle without permission in the second degree is a class C felony.
[ 2003 c 53 s 73.]

Notes:

Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
Notes of Decisions
Cited in 33 cases (6 in the last 5 years), 2005–2025 · leading case: State v. Walters, 255 P.3d 835 (Wash. Ct. App. 2011).
Sort: Relevance Newest Treatment
State v. Walters, 255 P.3d 835 (Wash. Ct. App. 2011). · cites it 8× “The State presented the Nevada statute [2] to the trial court, which compared the elements of the Nevada crime to Washington's second degree taking a motor vehicle without permission, RCW 9A.56.075. The trial court had a legal basis for making its comparability determination.”
State v. Ralph, 175 Wash. App. 814 (Wash. Ct. App. 2013). · cites it 3× “RCW 9A.56.075(1). ¶22 Although the statutory elements of the two crimes differ, as charged and proved here, second degree TMVWP is the functional equivalent of a lesser included offense of the second degree robbery.”
State v. Van Wolvelaere, 461 P.3d 1173 (Wash. 2020). · cites it 2× “070 (emphasis added); see also RCW 9A.56.075(1) (using same phrase but substituting second degree for first degree).”
State v. Crittenden, 189 P.3d 849 (Wash. Ct. App. 2008). · cites it 2× “¶ 3 Crittenden was charged with three counts of taking a motor vehicle without permission in the second degree under RCW 9A.56.075 and four counts of first degree theft under RCW 9A56.”
State v. Gonzales, 148 P.3d 1046 (Wash. Ct. App. 2006). · cites it 2× “Grosse and Becker, JJ., concur. Review denied at 159 Wn.”
State v. Hiett, 115 P.3d 274 (Wash. 2005). “McNulty was apprehended at the scene of the accident, and Hiett and Freilinger were apprehended later that evening. ¶ 3 Hiett and Freilinger were charged with taking a motor vehicle without permission, former RCW 9A.”
State v. Hiett, 154 Wash. 2d 560 (Wash. 2005). “070 (1975), recodified as RCW 9A.56.075(1), and accepted deferred dispositions.”
State v. Unga, 196 P.3d 645 (Wash. 2008). “[1] "A person is guilty of taking a motor vehicle without permission in the second degree if he or she ... voluntarily rides in or upon the automobile or motor vehicle with knowledge of the fact that the automobile or motor vehicle was unlawfully taken.”
State v. S.A.W., 197 P.3d 1190 (Wash. Ct. App. 2008). “” RCW 9A.56.075(1). Miranda v. Arizona, 396 U.”
State v. Lu, 153 P.3d 894 (Wash. Ct. App. 2007). “RCW 9A.56.075. To be guilty of second degree vehicle prowling, the defendant must enter or remain unlawfully in a vehicle "with intent to commit a crime against a person or property therein[.”
State v. L.U., 137 Wash. App. 410 (Wash. Ct. App. 2007). “RCW 9A.56.075. To be guilty of second degree vehicle prowling, the defendant must enter or remain unlawfully in a vehicle “with intent to commit a crime against a person or property therein.”
State v. Crittenden, 146 Wash. App. 361 (Wash. Ct. App. 2008). · cites it 2× “¶3 Crittenden was charged with three counts of TMV in the second degree under RCW 9A.56.075 and four counts of first degree theft under RCW 9A.”
Show all 33 citing cases →
— Wash. Rev. Code § 9A.56.075(1) — 18 cases
State v. Walters, 255 P.3d 835 (Wash. Ct. App. 2011). “The State presented the Nevada statute [2] to the trial court, which compared the elements of the Nevada crime to Washington's second degree taking a motor vehicle without permission, RCW 9A.56.075. The trial court had a legal basis for making its comparability determination.”
State v. Ralph, 175 Wash. App. 814 (Wash. Ct. App. 2013). “RCW 9A.56.075(1). ¶22 Although the statutory elements of the two crimes differ, as charged and proved here, second degree TMVWP is the functional equivalent of a lesser included offense of the second degree robbery.”
State v. Van Wolvelaere, 461 P.3d 1173 (Wash. 2020). “070 (emphasis added); see also RCW 9A.56.075(1) (using same phrase but substituting second degree for first degree).”
State v. Hiett, 115 P.3d 274 (Wash. 2005). “McNulty was apprehended at the scene of the accident, and Hiett and Freilinger were apprehended later that evening. ¶ 3 Hiett and Freilinger were charged with taking a motor vehicle without permission, former RCW 9A.”
State v. Hiett, 154 Wash. 2d 560 (Wash. 2005). “070 (1975), recodified as RCW 9A.56.075(1), and accepted deferred dispositions.”
— Wash. Rev. Code § 9A.56.075(2) — 3 cases
State v. Walters, 255 P.3d 835 (Wash. Ct. App. 2011). “The State presented the Nevada statute [2] to the trial court, which compared the elements of the Nevada crime to Washington's second degree taking a motor vehicle without permission, RCW 9A.56.075. The trial court had a legal basis for making its comparability determination.”
State v. Gonzales, 148 P.3d 1046 (Wash. Ct. App. 2006). “Grosse and Becker, JJ., concur. Review denied at 159 Wn.”
State Of Washington, V Joseph W. Webb (Wash. Ct. App. 2013).
— Wash. Rev. Code § 9A.56.075(l) — 1 case
State of Washington v. Robert Monreal Hoguin (Wash. Ct. App. 2015).
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.