Washington § 9A.44.040 - Rape in the first degree.

Full text of Washington Revised Code of Washington § 9A.44.040 — Rape in the first degree., with citation guidance and answers to common questions.

§ 9A.44.040. Rape in the first degree.

(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.
[ 2024 c 297 s 13; 1998 c 242 s 1. Prior: 1983 c 118 s 1; 1983 c 73 s 1; 1982 c 192 s 11; 1982 c 10 s 3; prior: (1) 1981 c 137 s 36; 1979 ex.s. c 244 s 1; 1975 1st ex.s. c 247 s 1; 1975 1st ex.s. c 14 s 4. (2) 1981 c 136 s 57 repealed by 1982 c 10 s 18. Formerly RCW 9.79.170.]

Notes

Effective date—2024 c 297: See note following RCW 7.68.127.
Severability—1983 c 73: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1983 c 73 s 2.]
Severability—1982 c 10: See note following RCW 6.13.080.
Effective date—1981 c 136: See RCW 72.09.900.

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Frequently Asked Questions About Washington § 9A.44.040

What does Revised Code of Washington § 9A.44.040 cover?

Section 9A.44.040 ("Rape in the first degree.") is part of the Revised Code of Washington, the codified statutory law of Washington. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Washington § 9A.44.040?

A common citation format is "Revised Code of Washington § 9A.44.040" (Washington). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Washington law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Washington official source linked on this page or consult a licensed Washington attorney.

How does Washington § 9A.44.040 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Washington can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

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