Wash. Rev. Code » Title 9A · Chapter 9A.76
Revised Code of Washington

Wash. Rev. Code § 9A.76.120 (2026)

Escape in the second degree

✓ current as of May 2026
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(1) A person is guilty of escape in the second degree if:
(a) He or she knowingly escapes from a detention facility; or
(b) Having been charged with a felony or an equivalent juvenile offense, he or she knowingly escapes from custody; or
(c) Having been committed under chapter 10.77 RCW for a sex, violent, or felony harassment offense and being under an order of conditional release, he or she knowingly leaves or remains absent from the state of Washington without prior court authorization.
(2) It is an affirmative defense to a prosecution under this section that uncontrollable circumstances prevented the person from remaining in custody or in the detention facility or from returning to custody or to the detention facility, and that the person did not contribute to the creation of such circumstances in reckless disregard of the requirement to remain or return, and that the person returned to custody or the detention facility as soon as such circumstances ceased to exist.
(3) Escape in the second degree is a class C felony.
[ 2001 c 287 s 2; 2001 c 264 s 2; 1995 c 216 s 15; 1982 1st ex.s. c 47 s 24; 1975 1st ex.s. c 260 s 9A.76.120.]

Notes:

Reviser's note: This section was amended by 2001 c 264 s 2 and by 2001 c 287 s 2, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Effective dates—2001 c 287: See note following RCW 9A.76.115.
Effective date—2001 c 264: See note following RCW 9A.76.110.
Severability—1982 1st ex.s. c 47: See note following RCW 9.41.190.
Term of escaped prisoner recaptured: RCW 9.31.090.
Notes of Decisions
Cited in 39 cases (6 in the last 5 years), 1978–2026 · leading case: State v. Law, 38 P.3d 374 (Wash. Ct. App. 2002).
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State v. Law, 38 P.3d 374 (Wash. Ct. App. 2002). · cites it 5× “RCW 9A.76.120, second degree escape, applies when a person escapes from a detention facility or custody.”
State v. Law, 110 Wash. App. 36 (Wash. Ct. App. 2002). · cites it 5× “RCW 9A.76.120, second degree escape, applies when a person escapes from a detention facility or custody.”
State v. Hoffman, 804 P.2d 577 (Wash. 1991). · cites it 2× “RCW 9A.76.120(1)(a). The State contends that McGinnis need not have been formally charged with a felony, but even if this court accepted that contention, whether the hospital was, for present purposes, a detention facility is a question of fact.”
State v. Kent, 814 P.2d 1195 (Wash. Ct. App. 1991). · cites it 5× “There the court defined escape under RCW 9A.76.120(1)(a): "A person who, while on work release or furlough, is not within the area where he is authorized to be at a particular time, or a person who has remained in an area where he was authorized to go beyond the time permitted…”
State v. Peters, 667 P.2d 136 (Wash. Ct. App. 1983). · cites it 4× “66 as applying to adult prisoners, and thus a juvenile cannot be prosecuted under RCW 9A.76.120 for leaving a "furlough." We agree with the State's interpretation of the relevant statutes.”
State v. Thompson, 669 P.2d 1270 (Wash. Ct. App. 1983). · cites it 4× “RCW 9A.76.120 provides, in part: "Escape in the second degree.”
State v. Gonzales, 693 P.2d 119 (Wash. 1985). · cites it 2× “110 and RCW 9A.76.120. The majority has offered no explanation of why the court should depart from the rule of lenity nor put forth a plausible distinction from the prior precedent of Gore, Swindell, and Holsworth .”
State v. Ammons, 136 Wash. 2d 453 (Wash. 1998). “Compare RCW 9A.76.120 with RCW 9A.76.110. State v.”
State v. Ammons, 963 P.2d 812 (Wash. 1998). “Compare RCW 9A.76.120 with RCW 9A.76.110. State v.”
State v. Gomez, 152 Wash. App. 751 (Wash. Ct. App. 2009). · cites it 2× “Gomez knowingly escaped from a “detention” facility, RCW 9A.76.120 (escape in the second degree), or, as Mr.”
State v. Brown, 627 P.2d 142 (Wash. Ct. App. 1981). · cites it 2× “For example, RCW 9A.76.120 provides that a person is guilty of second degree escape if "[h]e escapes from a detention facility; or .”
State v. Herzog, 740 P.2d 380 (Wash. Ct. App. 1987). “5 months, to be preceded by an evaluation for entry into the sexual offender's treatment program at Western State Hospital.”
Show all 39 citing cases →
— Wash. Rev. Code § 9A.76.120(1) — 5 cases
State v. Teaford, 644 P.2d 136 (Wash. Ct. App. 1982).
State v. Johnson, 831 P.2d 1137 (Wash. Ct. App. 1992).
State Of Washington v. Michael Todd Fernandez (Wash. Ct. App. 2016).
State of Washington v. Garry Brandon Ault (Wash. Ct. App. 2020).
State Of Washington, V. Franklin D. Whiteman (Wash. Ct. App. 2026).
— Wash. Rev. Code § 9A.76.120(1)(a) — 13 cases
State v. Law, 38 P.3d 374 (Wash. Ct. App. 2002). “RCW 9A.76.120, second degree escape, applies when a person escapes from a detention facility or custody.”
State v. Hoffman, 804 P.2d 577 (Wash. 1991). “RCW 9A.76.120(1)(a). The State contends that McGinnis need not have been formally charged with a felony, but even if this court accepted that contention, whether the hospital was, for present purposes, a detention facility is a question of fact.”
State v. Kent, 814 P.2d 1195 (Wash. Ct. App. 1991). “There the court defined escape under RCW 9A.76.120(1)(a): "A person who, while on work release or furlough, is not within the area where he is authorized to be at a particular time, or a person who has remained in an area where he was authorized to go beyond the time permitted…”
State v. Gomez, 152 Wash. App. 751 (Wash. Ct. App. 2009). “Gomez knowingly escaped from a “detention” facility, RCW 9A.76.120 (escape in the second degree), or, as Mr.”
State v. Walls, 25 P.3d 1052 (Wash. Ct. App. 2001).
— Wash. Rev. Code § 9A.76.120(1)(b) — 7 cases
State v. Walls, 25 P.3d 1052 (Wash. Ct. App. 2001).
State of Washington v. Garry Brandon Ault (Wash. Ct. App. 2020).
State of Washington v. David Raymond Mullins (Wash. Ct. App. 2020).
State Of Washington, V. Kenneth Carmichael (Wash. Ct. App. 2022).
State Of Washington, V. D.l.w. (Wash. Ct. App. 2024).
— Wash. Rev. Code § 9A.76.120(2) — 3 cases
State v. Walls, 106 Wash. App. 792 (Wash. Ct. App. 2001).
State v. Walls, 25 P.3d 1052 (Wash. Ct. App. 2001).
State Of Washington, V. Franklin D. Whiteman (Wash. Ct. App. 2026).
— Wash. Rev. Code § 9A.76.120(a) — 3 cases
State v. Basford, 783 P.2d 129 (Wash. Ct. App. 1989).
State v. Hendrix, 35 P.3d 1189 (Wash. Ct. App. 2001).
State of Washington v. Jason Michael Walker (Wash. Ct. App. 2026).
— Wash. Rev. Code § 9A.76.120(l)(a) — 6 cases
State v. Law, 110 Wash. App. 36 (Wash. Ct. App. 2002). “RCW 9A.76.120, second degree escape, applies when a person escapes from a detention facility or custody.”
State v. Kent, 814 P.2d 1195 (Wash. Ct. App. 1991). “There the court defined escape under RCW 9A.76.120(1)(a): "A person who, while on work release or furlough, is not within the area where he is authorized to be at a particular time, or a person who has remained in an area where he was authorized to go beyond the time permitted…”
State v. Peters, 667 P.2d 136 (Wash. Ct. App. 1983). “66 as applying to adult prisoners, and thus a juvenile cannot be prosecuted under RCW 9A.76.120 for leaving a "furlough." We agree with the State's interpretation of the relevant statutes.”
State v. Binford, 582 P.2d 863 (Wash. 1978).
State v. Walls, 106 Wash. App. 792 (Wash. Ct. App. 2001).
— Wash. Rev. Code § 9A.76.120(l)(b) — 1 case
State v. Walls, 106 Wash. App. 792 (Wash. Ct. App. 2001).
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