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Washington statute

RCW 9A.40.030 — Kidnapping in the second degree

Current through 2026 Regular Session

Part of Chapter 9A.40: Kidnapping, Unlawful Imprisonment, Custodial Interference, Luring, Trafficking, And Coercion Of Involuntary Servitude, Revised Code of Washington.

Criminal charges under this statute

Full text of RCW 9A.40.030

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.40.030Primary source, current through the 2026 Regular Session
(1) A person is guilty of kidnapping in the second degree if he or she intentionally abducts another person under circumstances not amounting to kidnapping in the first degree. (2) In any prosecution for kidnapping in the second degree, it is a defense if established by the defendant by a preponderance of the evidence that (a) the abduction does not include the use of or intent to use or threat to use deadly force, and (b) the actor is a relative of the person abducted, and (c) the actor's sole intent is to assume custody of that person. Nothing contained in this paragraph shall constitute a defense to a prosecution for, or preclude a conviction of, any other crime. (3)(a) Except as provided in (b) of this subsection, kidnapping in the second degree is a class B felony. (b) Kidnapping in the second degree with a finding of sexual motivation under RCW 9.94A.835 or 13.40.135 is a class A felony.

Official sources

Legal terms used in this section

Questions this section answers

Is kidnapping in the second degree a felony or a misdemeanor in Washington?

It depends on the circumstances: kidnapping in the second degree ranges from a Class B Felony to a Class A Felony in Washington under RCW 9A.40.030.

Kidnapping in the second degree — base offense: Class B Felony (RCW 9A.40.030(3)(a)) · Kidnapping in the second degree — with sexual motivation finding: Class A Felony (RCW 9A.40.030(3)(b))

Which Washington statute covers kidnapping in the second degree?

Kidnapping in the second degree is governed by RCW 9A.40.030 (Kidnapping in the second degree).

This reference is informational and is not legal advice.