Washington criminal charge
Retail theft with special circumstances in Washington
Retail theft with special circumstances is a criminal offense under Washington law, defined by RCW 9A.56.360. 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.56.360.
What is the penalty for retail theft with special circumstances in Washington?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 10 years (Retail theft with special circumstances — first degree — Applies when the theft involved constitutes theft in the first degree.; statutory maximum (RCW 9A.20.021(1)(b)); 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 $20,000 (Retail theft with special circumstances — first degree — Applies when the theft involved constitutes theft in the first degree.; statutory maximum, adult offenders (RCW 9A.20.021(5)); unless a different maximum is specifically established by statute) | discretionary | RCW 9A.20.021 |
| Jail / prison | up to 5 years (Retail theft with special circumstances — second degree — Applies when the theft involved constitutes theft 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 (Retail theft with special circumstances — second degree — Applies when the theft involved constitutes theft 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 |
| Jail / prison | up to 5 years (Retail theft with special circumstances — third degree — Applies when the theft involved constitutes theft 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 (Retail theft with special circumstances — third degree — Applies when the theft involved constitutes theft 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 crimes committed on or after July 1, 1984.
How is retail theft with special circumstances classified in Washington?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Retail theft with special circumstances — first degree | Class B Felony | Applies when the theft involved constitutes theft in the first degree. | RCW 9A.56.360(2) |
| Retail theft with special circumstances — second degree | Class C Felony | Applies when the theft involved constitutes theft in the second degree. | RCW 9A.56.360(3) |
| Retail theft with special circumstances — third degree | Class C Felony | Applies when the theft involved constitutes theft in the third degree. | RCW 9A.56.360(4) |
Common questions about retail theft with special circumstances in Washington
Is retail theft with special circumstances a felony or a misdemeanor in Washington?
It depends on the circumstances: retail theft with special circumstances ranges from a Class C Felony to a Class B Felony in Washington under RCW 9A.56.360.
Retail theft with special circumstances — first degree: Class B Felony (RCW 9A.56.360(2)) · Retail theft with special circumstances — second degree: Class C Felony (RCW 9A.56.360(3)) · Retail theft with special circumstances — third degree: Class C Felony (RCW 9A.56.360(4))
What are the penalties for retail theft with special circumstances in Washington?
Penalties for retail theft with special circumstances in Washington depend on how it is classified — from a Class C Felony up to a Class B 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 retail theft with special circumstances?
Retail theft with special circumstances is governed by RCW 9A.56.360 (Retail theft with special circumstances).
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.