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Washington statute

RCW 9A.28.040 — Criminal conspiracy

Current through 2026 Regular Session

Part of Chapter 9A.28: Anticipatory Offenses, Revised Code of Washington.

Criminal charges under this statute

Full text of RCW 9A.28.040

Statutory text current through the 2026 Regular Session. This publication reproduces the official text of the Revised Code of Washington from the Code Reviser's published files; it is not the official statutes of the State of Washington.

RCW 9A.28.040Primary source, current through the 2026 Regular Session
(1) A person is guilty of criminal conspiracy when, with intent that conduct constituting a crime be performed, he or she agrees with one or more persons to engage in or cause the performance of such conduct, and any one of them takes a substantial step in pursuance of such agreement. (2) It shall not be a defense to criminal conspiracy that the person or persons with whom the accused is alleged to have conspired: (a) Has not been prosecuted or convicted; or (b) Has been convicted of a different offense; or (c) Is not amenable to justice; or (d) Has been acquitted; or (e) Lacked the capacity to commit an offense; or (f) Is a law enforcement officer or other government agent who did not intend that a crime be committed. (3) Criminal conspiracy is a: (a) Class A felony when an object of the conspiratorial agreement is murder in the first degree; (b) Class B felony when an object of the conspiratorial agreement is a class A felony other than murder in the first degree; (c) Class C felony when an object of the conspiratorial agreement is a class B felony; (d) Gross misdemeanor when an object of the conspiratorial agreement is a class C felony; (e) Misdemeanor when an object of the conspiratorial agreement is a gross misdemeanor or misdemeanor.

Official sources

Legal terms used in this section

Questions this section answers

Is criminal conspiracy a felony or a misdemeanor in Washington?

It depends on the circumstances: criminal conspiracy ranges from a Misdemeanor to a Class A Felony in Washington under RCW 9A.28.040.

Conspiracy to commit first degree murder: Class A Felony (RCW 9A.28.040(3)(a)) · Conspiracy to commit a class A felony (other than first degree murder): Class B Felony (RCW 9A.28.040(3)(b)) · Conspiracy to commit a class B felony: Class C Felony (RCW 9A.28.040(3)(c)) · Conspiracy to commit a class C felony: Gross Misdemeanor (RCW 9A.28.040(3)(d)) · Conspiracy to commit a gross misdemeanor or misdemeanor: Misdemeanor (RCW 9A.28.040(3)(e))

Which Washington statute covers criminal conspiracy?

Criminal conspiracy is governed by RCW 9A.28.040 (Criminal conspiracy).

This reference is informational and is not legal advice.