Washington Code 9A.56.040 – Theft in the second degree
Current as of: 2023 | Check for updates
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(1) Except as provided in RCW 9A.56.400, a person is guilty of theft in the second degree if he or she commits theft of:
Attorney's Note
Under the Washington Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| class C felony | up to 5 years | up to $10,000 |
Terms Used In Washington Code 9A.56.040
- Access device: means any card, plate, code, account number, or other means of account access that can be used alone or in conjunction with another access device to obtain money, goods, services, or anything else of value, or that can be used to initiate a transfer of funds, other than a transfer originated solely by paper instrument;
Washington Code 9A.56.010Owner: means a person, other than the actor, who has possession of or any other interest in the property or services involved, and without whose consent the actor has no authority to exert control over the property or services;
Washington Code 9A.56.010person: may be construed to include the United States, this state, or any state or territory, or any public or private corporation or limited liability company, as well as an individual. See Washington Code 1.16.080 Services: includes , but is not limited to, labor, professional services, transportation services, electronic computer services, the supplying of hotel accommodations, restaurant services, entertainment, the supplying of equipment for use, and the supplying of commodities of a public utility nature such as gas, electricity, steam, and water;
Washington Code 9A.56.010Value: means the market value of the property or services at the time and in the approximate area of the criminal act. See Washington Code 9A.56.010
(a) Property or services which exceed(s) seven hundred fifty dollars in value but does not exceed five thousand dollars in value, other than a firearm as defined in RCW 9.41.010 or a motor vehicle;
(b) A public record, writing, or instrument kept, filed, or deposited according to law with or in the keeping of any public office or public servant;
(c) Commercial metal property, nonferrous metal property, or private metal property, as those terms are defined in RCW 19.290.010, and the costs of the damage to the owner‘s property exceed seven hundred fifty dollars but does not exceed five thousand dollars in value; or
(d) An access device.
(2) Theft in the second degree is a class C felony.
[ 2017 c 266 § 11; 2013 c 322 § 3; 2012 c 233 § 3; 2009 c 431 § 8; 2007 c 199 § 4; 1995 c 129 § 12 (Initiative Measure No. 159); 1994 sp.s. c 7 § 433; 1987 c 140 § 2; 1982 1st ex.s. c 47 § 15; 1975 1st ex.s. c 260 § 9A.56.040.]
NOTES:
Finding—Intent—2017 c 266: See note following RCW 9A.42.020.
Applicability—2009 c 431: See note following RCW 4.24.230.
Findings—Intent—Short title—2007 c 199: See notes following RCW 9A.56.065.
Findings and intent—Short title—Severability—Captions not law—1995 c 129: See notes following RCW 9.94A.510.
Finding—Intent—Severability—1994 sp.s. c 7: See notes following RCW 43.70.540.
Effective date—1994 sp.s. c 7 §§ 401-410, 413-416, 418-437, and 439-460: See note following RCW 9.41.010.
Severability—1982 1st ex.s. c 47: See note following RCW 9.41.190.
Civil action for shoplifting by adults, minors: RCW 4.24.230.
Property crime database, liability: RCW 4.24.340.