Washington criminal charge
Custodial interference in the second degree in Washington
Custodial interference in the second degree is a criminal offense under Washington law, defined by RCW 9A.40.070. Its classification is not fixed: Washington assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by RCW 9A.40.070.
What is the penalty for custodial interference in the second degree in Washington?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 364 days (First conviction of custodial interference in the second degree — Applies when the conviction is the first conviction of custodial interference in the second degree.; statutory maximum, county jail (RCW 9A.20.021(2)); offenses outside Title 9A carry the same default under RCW 9.92.020 unless the offense fixes its own penalty) | discretionary | RCW 9A.20.021 |
| Fine | up to $5,000 (First conviction of custodial interference in the second degree — Applies when the conviction is the first conviction of custodial interference in the second degree.; statutory maximum, adult offenders (RCW 9A.20.021(5))) | discretionary | RCW 9A.20.021 |
| Jail / prison | up to 5 years (Second or subsequent conviction of custodial interference in the second degree — Applies when the conviction is the second or subsequent conviction of custodial interference in the second degree.; statutory maximum (RCW 9A.20.021(1)(c)); the sentence actually imposed is set by the Sentencing Reform Act standard range (RCW 9.94A.510) from the offense's seriousness level and the defendant's offender score) | discretionary | RCW 9A.20.021 |
| Fine | up to $10,000 (Second or subsequent conviction of custodial interference in the second degree — Applies when the conviction is the second or subsequent conviction of custodial interference in the second degree.; statutory maximum, adult offenders (RCW 9A.20.021(5)); unless a different maximum is specifically established by statute) | discretionary | RCW 9A.20.021 |
Applies to current.
How is custodial interference in the second degree classified in Washington?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| First conviction of custodial interference in the second degree | Gross Misdemeanor | Applies when the conviction is the first conviction of custodial interference in the second degree. | RCW 9A.40.070(4)(a) |
| Second or subsequent conviction of custodial interference in the second degree | Class C Felony | Applies when the conviction is the second or subsequent conviction of custodial interference in the second degree. | RCW 9A.40.070(4)(b) |
Common questions about custodial interference in the second degree in Washington
Is custodial interference in the second degree a felony or a misdemeanor in Washington?
It depends on the circumstances: custodial interference in the second degree ranges from a Gross Misdemeanor to a Class C Felony in Washington under RCW 9A.40.070.
First conviction of custodial interference in the second degree: Gross Misdemeanor (RCW 9A.40.070(4)(a)) · Second or subsequent conviction of custodial interference in the second degree: Class C Felony (RCW 9A.40.070(4)(b))
What are the penalties for custodial interference in the second degree in Washington?
Penalties for custodial interference in the second degree in Washington depend on how it is classified — from a Gross Misdemeanor up to a Class C Felony — with the ranges set by RCW 9A.20.021; the full table of ranges by variant is published on this page.
Which Washington statute covers custodial interference in the second degree?
Custodial interference in the second degree is governed by RCW 9A.40.070 (Custodial interference in the second degree).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.