Washington statute
RCW 9A.44.040 — Rape in the first degree
Current through 2026 Regular Session
Part of Chapter 9A.44: Sex Offenses, Revised Code of Washington.
Criminal charges under this statute
Full text of RCW 9A.44.040
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.
(1) A person is guilty of rape in the first degree when such person engages in sexual intercourse with another person:
(a) By forcible compulsion where the perpetrator or an accessory:
(i) Uses or threatens to use a deadly weapon or what appears to be a deadly weapon; or
(ii) Kidnaps the victim; or
(iii) Inflicts serious physical injury, including but not limited to physical injury which renders the victim unconscious; or
(iv) Feloniously enters into the building or vehicle where the victim is situated, or where the sexual intercourse occurs; or
(b) After the perpetrator or an accessory knowingly furnishes the victim with a legend drug, controlled substance, or controlled substance analog without the victim's knowledge and consent which renders the victim incapable of consent to sexual intercourse due to physical helplessness or mental incapacitation.
(2) Rape in the first degree is a class A felony.
(3) For purposes of this section:
(a) "Legend drug" has the same meaning as "legend drugs" as defined in RCW 69.41.010.
(b) "Controlled substance" has the same meaning as defined in RCW 69.50.101.
(c) "Controlled substance analog" has the same meaning as defined in RCW 69.50.101.
Official sources
Legal terms used in this section
Questions this section answers
Is rape in the first degree a felony or a misdemeanor in Washington?
Rape in the first degree is a Class A Felony in Washington under RCW 9A.44.040.
Which Washington statute covers rape in the first degree?
Rape in the first degree is governed by RCW 9A.44.040 (Rape in the first degree).
This reference is informational and is not legal advice.