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RCW 9.94.040

Weapons—Possession, etc., by prisoner prohibited—Penalty.

Applied in 5 court decisions — leading case 48 Wash. 2d 513 - State v. Davis (1956)

Most recently applied in 42 Wash. App. 56 - State v. Barnes (October 1985)

2005 c 361 s 1; 1995 c 314 s 4; 1979 c 121 s 1; 1977 ex.s. c 43 s 1; 1975-'76 2nd ex.s. c 38 s 18

How often courts cite this section

1956196019701980198510
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) Every person serving a sentence in any state correctional institution who, without legal authorization, while in the institution or while being conveyed to or from the institution, or while under the custody or supervision of institution officials, officers, or employees, or while on any premises subject to the control of the institution, knowingly possesses or carries upon his or her person or has under his or her control any weapon, firearm, or any instrument which, if used, could produce serious bodily injury to the person of another, is guilty of a class B felony.

(2) Every person confined in a county or local correctional institution who, without legal authorization, while in the institution or while being conveyed to or from the institution, or while under the custody or supervision of institution officials, officers, or employees, or while on any premises subject to the control of the institution, knowingly possesses or has under his or her control any weapon, firearm, or any instrument that, if used, could produce serious bodily injury to the person of another, is guilty of a class C felony.

(3) The sentence imposed under this section shall be in addition to any sentence being served.

Official source: Washington State Legislature. Reproduced from public-domain Washington statutes; confirm against the official source for the current text. Not legal advice.