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Washington statute

RCW 9A.76.190 — Failure to appear or surrender—Affirmative defense—Penalty

Current through 2026 Regular Session

Part of Chapter 9A.76: Obstructing Governmental Operation, Revised Code of Washington.

Criminal charges under this statute

Full text of RCW 9A.76.190

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.76.190Primary source, current through the 2026 Regular Session
(1)(a) A person is guilty of failure to appear or surrender if he or she is released by court order or admitted to bail, has received written notice of the requirement of a subsequent personal appearance before any court of this state or of the requirement to report to a correctional facility for service of sentence, and fails to appear or fails to surrender for service of sentence as required; and (b)(i) Within thirty days of the issuance of a warrant for failure to appear or surrender, does not make a motion with the court to quash the warrant, and if a motion is made under this subsection, he or she does not appear before the court with respect to the motion; or (ii) Has had a prior warrant issued based on a prior incident of failure to appear or surrender for the present cause for which he or she is being held or charged or has been convicted. (2) It is an affirmative defense to a prosecution under this section that uncontrollable circumstances prevented the person from appearing or surrendering, that the person did not contribute to the creation of such circumstances by negligently disregarding the requirement to appear or surrender, and that the person appeared or surrendered as soon as such circumstances ceased to exist. (3) Failure to appear or surrender is: (a) A gross misdemeanor if the person was held for, charged with, or convicted of a felony; or (b) A misdemeanor if the person was held for, charged with, or convicted of a gross misdemeanor or misdemeanor.

Official sources

Legal terms used in this section

Questions this section answers

Is failure to appear or surrender a felony or a misdemeanor in Washington?

It depends on the circumstances: failure to appear or surrender ranges from a Misdemeanor to a Gross Misdemeanor in Washington under RCW 9A.76.190.

Failure to appear or surrender — felony basis: Gross Misdemeanor (RCW 9A.76.190(3)(a)) · Failure to appear or surrender — gross misdemeanor or misdemeanor basis: Misdemeanor (RCW 9A.76.190(3)(b))

Which Washington statute covers failure to appear or surrender?

Failure to appear or surrender is governed by RCW 9A.76.190 (Failure to appear or surrender—Affirmative defense—Penalty).

This reference is informational and is not legal advice.