Washington criminal charge
Escape in the third degree in Washington
Escape in the third degree is a criminal offense under Washington law, defined by RCW 9A.76.130. 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.76.130.
What is the penalty for escape in the third degree in Washington?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 90 days (Escape in the third degree — base offense — Applies when the person has no prior convictions for escape in the third degree.; statutory maximum, county jail (RCW 9A.20.021(3)); offenses outside Title 9A carry the same default under RCW 9.92.030 unless the offense fixes its own penalty) | discretionary | RCW 9A.20.021 |
| Fine | up to $1,000 (Escape in the third degree — base offense — Applies when the person has no prior convictions for escape in the third degree.; statutory maximum, adult offenders (RCW 9A.20.021(5))) | discretionary | RCW 9A.20.021 |
| Jail / prison | up to 364 days (Escape in the third degree — one prior conviction — Applies when the person has one prior conviction for escape in the third 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 (Escape in the third degree — one prior conviction — Applies when the person has one prior conviction for escape in the third degree.; statutory maximum, adult offenders (RCW 9A.20.021(5))) | discretionary | RCW 9A.20.021 |
| Jail / prison | up to 5 years (Escape in the third degree — two or more prior convictions — Applies when the person has two or more prior convictions for escape in the third 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 (Escape in the third degree — two or more prior convictions — Applies when the person has two or more prior convictions for escape in the third 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 escape in the third degree classified in Washington?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Escape in the third degree — base offense | Misdemeanor | Applies when the person has no prior convictions for escape in the third degree. | RCW 9A.76.130(2) |
| Escape in the third degree — one prior conviction | Gross Misdemeanor | Applies when the person has one prior conviction for escape in the third degree. | RCW 9A.76.130(3)(a) |
| Escape in the third degree — two or more prior convictions | Class C Felony | Applies when the person has two or more prior convictions for escape in the third degree. | RCW 9A.76.130(3)(b) |
Common questions about escape in the third degree in Washington
Is escape in the third degree a felony or a misdemeanor in Washington?
It depends on the circumstances: escape in the third degree ranges from a Misdemeanor to a Class C Felony in Washington under RCW 9A.76.130.
Escape in the third degree — base offense: Misdemeanor (RCW 9A.76.130(2)) · Escape in the third degree — one prior conviction: Gross Misdemeanor (RCW 9A.76.130(3)(a)) · Escape in the third degree — two or more prior convictions: Class C Felony (RCW 9A.76.130(3)(b))
What are the penalties for escape in the third degree in Washington?
Penalties for escape in the third degree in Washington depend on how it is classified — from a 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 escape in the third degree?
Escape in the third degree is governed by RCW 9A.76.130 (Escape in the third 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.