Wash. Rev. Code » Title 9A · Chapter 9A.60
Revised Code of Washington

Wash. Rev. Code § 9A.60.040 (2026)

Criminal impersonation in the first degree

✓ current as of May 2026
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(1) A person is guilty of criminal impersonation in the first degree if the person:
(a) Assumes a false identity and does an act in his or her assumed character with intent to defraud another or for any other unlawful purpose; or
(b) Pretends to be a representative of some person or organization or a public servant and does an act in his or her pretended capacity with intent to defraud another or for any other unlawful purpose.
(2) Criminal impersonation in the first degree is a class C felony.
[ 2004 c 11 s 1; 2003 c 53 s 78; 1993 c 457 s 1; 1975 1st ex.s. c 260 s 9A.60.040.]

Notes:

Effective date—2004 c 11: "This act takes effect July 1, 2004." [ 2004 c 11 s 3.]
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
Notes of Decisions
Cited in 20 cases (6 in the last 5 years), 1982–2024 · leading case: Devenpeck v. Alford, 543 U.S. 146 (2004).
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Devenpeck v. Alford, 543 U.S. 146 (2004). “The majority rejected petitioners’ claim that probable cause existed to arrest respondent for the offenses of impersonating a law-enforcement officer, Wash. Rev. Code § 9A.60.040(3) (1994), and obstructing a law-enforcement officer, §9A.”
State v. Myers, 689 P.2d 38 (Wash. 1984). · cites it 2× “020) and criminal impersonation (RCW 9A.60.040). This would implicate the second and third purposes underlying the exclusionary rule.”
State v. Presba, 131 Wash. App. 47 (Wash. Ct. App. 2005). · cites it 2× “We also decide whether the State was required to charge Presba with first degree criminal impersonation (RCW 9A.60.040) to avoid violating equal protection.”
State v. Presba, 126 P.3d 1280 (Wash. Ct. App. 2005). · cites it 2× “We also decide whether the State was required to charge Presba with first degree criminal impersonation (RCW 9A.60.040) to avoid violating equal protection.”
State v. Donald, 844 P.2d 447 (Wash. Ct. App. 1993). · cites it 2× “He contends criminal impersonation, RCW 9A.60.040, is a lesser included offense of RCW 69.”
State v. Zibell, 646 P.2d 154 (Wash. Ct. App. 1982). · cites it 2× “040 (false swearing); RCW 9A.60.040 (criminal impersonation); RCW 9.”
State v. Ou, 156 Wash. App. 899 (Wash. Ct. App. 2010). “” ¶6 The State charged Ou with criminal impersonation in the first degree in violation of RCW 9A.60.040(l)(a), driving with a suspended license, and operating a vehicle without an ignition interlock device.”
State of Washington v. Mark Allan Miller, 471 P.3d 927 (Wash. Ct. App. 2020). · cites it 2× “Miller argues that in contacting the Standard, he provided his true name, and making a false representation that he was Ms.”
State v. Ou, 234 P.3d 1186 (Wash. Ct. App. 2010). “" ¶ 6 The State charged Ou with criminal impersonation in the first degree in violation of RCW 9A.60.040(1)(a), driving with a suspended license, and operating a vehicle without an ignition interlock device.”
John Worthington v. Westnet (Wash. Ct. App. 2017). · cites it 3× “185, and RCW 9A.60.040 should be imposed. The superior court heard argument on the above-mentioned motions.”
State Of Washington v. Henry Lee Jackson (Wash. Ct. App. 2018). · cites it 3× “Jackson argues that none of the evidence demonstrates he performed an "act" in his assumed identity under RCW 9A.60.040. But viewing the evidence in the light most favorable to the State, the evidence described above is sufficient for a jury to conclude that Jackson performed an…”
State Of Washington v. Bisai Serrano Coronel (Wash. Ct. App. 2020). · cites it 2× “” Serrano Coronel argues that because the alleged false name that appears on its charging documents and jury instructions is “Maurico” instead of “Mauricio,” the prosecution failed to prove beyond a reasonable doubt that he had violated RCW 9A.60.040(1)(A). It is his contention…”
Show all 20 citing cases →
— Wash. Rev. Code § 9A.60.040(1) — 2 cases
State v. Presba, 131 Wash. App. 47 (Wash. Ct. App. 2005). “We also decide whether the State was required to charge Presba with first degree criminal impersonation (RCW 9A.60.040) to avoid violating equal protection.”
State Of Washington v. Forrest Amos (Wash. Ct. App. 2020).
— Wash. Rev. Code § 9A.60.040(1)(A) — 1 case
State Of Washington v. Bisai Serrano Coronel (Wash. Ct. App. 2020). “” Serrano Coronel argues that because the alleged false name that appears on its charging documents and jury instructions is “Maurico” instead of “Mauricio,” the prosecution failed to prove beyond a reasonable doubt that he had violated RCW 9A.60.040(1)(A). It is his contention…”
— Wash. Rev. Code § 9A.60.040(1)(a) — 6 cases
State of Washington v. Mark Allan Miller, 471 P.3d 927 (Wash. Ct. App. 2020). “Miller argues that in contacting the Standard, he provided his true name, and making a false representation that he was Ms.”
State v. Ou, 234 P.3d 1186 (Wash. Ct. App. 2010). “" ¶ 6 The State charged Ou with criminal impersonation in the first degree in violation of RCW 9A.60.040(1)(a), driving with a suspended license, and operating a vehicle without an ignition interlock device.”
State Of Washington v. Henry Lee Jackson (Wash. Ct. App. 2018). “Jackson argues that none of the evidence demonstrates he performed an "act" in his assumed identity under RCW 9A.60.040. But viewing the evidence in the light most favorable to the State, the evidence described above is sufficient for a jury to conclude that Jackson performed an…”
State Of Washington v. Tracey Kimberly Bailey (Wash. Ct. App. 2019).
State Of Washington v. Bisai Serrano Coronel (Wash. Ct. App. 2020). “” Serrano Coronel argues that because the alleged false name that appears on its charging documents and jury instructions is “Maurico” instead of “Mauricio,” the prosecution failed to prove beyond a reasonable doubt that he had violated RCW 9A.60.040(1)(A). It is his contention…”
— Wash. Rev. Code § 9A.60.040(1)(b) — 1 case
Pers. Restraint Petition Of Donald William Bango (Wash. Ct. App. 2024).
— Wash. Rev. Code § 9A.60.040(2) — 1 case
State Of Washington, V T-jay Duane Delo (Wash. Ct. App. 2021).
— Wash. Rev. Code § 9A.60.040(3) — 1 case
Devenpeck v. Alford, 543 U.S. 146 (2004). “The majority rejected petitioners’ claim that probable cause existed to arrest respondent for the offenses of impersonating a law-enforcement officer, Wash. Rev. Code § 9A.60.040(3) (1994), and obstructing a law-enforcement officer, §9A.”
— Wash. Rev. Code § 9A.60.040(l)(a) — 2 cases
State v. Donald, 844 P.2d 447 (Wash. Ct. App. 1993). “He contends criminal impersonation, RCW 9A.60.040, is a lesser included offense of RCW 69.”
State v. Ou, 156 Wash. App. 899 (Wash. Ct. App. 2010). “” ¶6 The State charged Ou with criminal impersonation in the first degree in violation of RCW 9A.60.040(l)(a), driving with a suspended license, and operating a vehicle without an ignition interlock device.”
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