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Washington statute

RCW 9A.56.360 — Retail theft with special circumstances

Current through 2026 Regular Session

Part of Chapter 9A.56: Theft And Robbery, Revised Code of Washington.

Criminal charges under this statute

Full text of RCW 9A.56.360

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.56.360Primary source, current through the 2026 Regular Session
(1) A person commits retail theft with special circumstances if he or she commits theft of property from a mercantile establishment with one of the following special circumstances: (a) To facilitate the theft, the person leaves the mercantile establishment through a designated emergency exit; (b) The person was, at the time of the theft, in possession of an item, article, implement, or device used, under circumstances evincing an intent to use or employ, or designed to overcome security systems including, but not limited to, lined bags or tag removers; or (c) The person committed theft at three or more separate and distinct mercantile establishments within a one hundred eighty-day period. (2) A person is guilty of retail theft with special circumstances in the first degree if the theft involved constitutes theft in the first degree. Retail theft with special circumstances in the first degree is a class B felony. (3) A person is guilty of retail theft with special circumstances in the second degree if the theft involved constitutes theft in the second degree. Retail theft with special circumstances in the second degree is a class C felony. (4) A person is guilty of retail theft with special circumstances in the third degree if the theft involved constitutes theft in the third degree. Retail theft with special circumstances in the third degree is a class C felony. (5) For the purposes of this section, "special circumstances" means the particular aggravating circumstances described in subsection (1)(a) through (c) of this section. (6)(a) A series of thefts committed by the same person from one or more mercantile establishments over a period of one hundred eighty days may be aggregated in one count and the sum of the value of all the property shall be the value considered in determining the degree of the retail theft with special circumstances involved. Thefts committed by the same person in different counties that have been aggregated in one county may be prosecuted in any county in which any one of the thefts occurred. In no case may an aggregated series of thefts, or a single theft that has been aggregated in one county, be prosecuted in more than one county. (b) The mercantile establishment or establishments whose property is alleged to have been stolen may request that the charge be aggregated with other thefts of property about which the mercantile establishment or establishments is aware. In the event a request to aggregate the prosecution is declined, the mercantile establishment or establishments shall be promptly advised by the prosecuting jurisdiction making the decision to decline aggregating the prosecution of the decision and the reasons for the decision.

Official sources

Legal terms used in this section

Questions this section answers

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))

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).

This reference is informational and is not legal advice.