Washington legal term
Viability in Washington Criminal Law
Current through 2026 Washington legislative session
In Washington criminal law, “Viability” is a term defined by statute rather than by its everyday meaning. Its statutory definition — quoted verbatim below — controls how the term is applied throughout the Washington criminal code.
What does “Viability” mean in Washington criminal law?
"Viability" means the point in the pregnancy when, in the judgment of the physician, physician assistant, *advanced registered nurse practitioner, or other health care provider acting within the provider's scope of practice on the particular facts of the case before such physician, physician assistant, *advanced registered nurse practitioner, or other health care provider acting within the provider's scope of practice, there is a reasonable likelihood of the fetus's sustained survival outside the uterus without the application of extraordinary medical measures. (RCW 9.02.170)
Statutes defining or using this term
Related terms in the same statutes
This reference is informational and is not legal advice.