Washington Theft Laws: Felony Threshold, Degrees and Shoplifting (2026)

In Washington, theft becomes a felony when the property or services "exceed(s) seven hundred fifty dollars in value": that is theft in the second degree, a class C felony (RCW 9A.56.040). Theft of $750 or less is theft in the third degree, a gross misdemeanor (RCW 9A.56.050), so exactly $750 stays a misdemeanor. Retail theft is the main exception: under RCW 9A.56.360, theft from a store is a class C felony at any value when the person leaves through an emergency exit, carries a tool for defeating security systems, or steals from three or more stores within 180 days. For other states, see our guide to theft laws by state.

Information last verified on 2026-10-13. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Washington's state theft statutes in chapter 9A.56 RCW (theft, retail theft and related offenses), the maximum sentences in RCW 9A.20.021, the merchant detention defenses in RCW 9A.16.080 and 4.24.220 and the civil shoplifting penalty in RCW 4.24.230. It does not cover federal theft offenses, city or county ordinances, robbery, or identity theft and fraud schemes, which have their own pages linked below.

How Washington defines theft

Washington has one definition of theft for the whole chapter. Under RCW 9A.56.020(1), theft means:

"(a) To wrongfully obtain or exert unauthorized control over the property or services of another or the value thereof, with intent to deprive him or her of such property or services; or (b) By color or aid of deception to obtain control over the property or services of another or the value thereof, with intent to deprive him or her of such property or services; or (c) To appropriate lost or misdelivered property or services of another, or the value thereof, with intent to deprive him or her of such property or services."

Taking, theft by deception and keeping lost or misdelivered property are therefore all the same crime, graded by degree. Section 9A.56.020(2) adds a defense: it is "a sufficient defense that: (a) The property or service was appropriated openly and avowedly under a claim of title made in good faith, even though the claim be untenable."

Value is measured at the time and place of the theft. RCW 9A.56.010 defines it as "the market value of the property or services at the time and in the approximate area of the criminal act."

Washington does not use "petty theft" and "grand theft." The statute uses numbered degrees: theft in the first, second and third degree.

What is the felony theft threshold in Washington?

The value-based felony line is more than $750. Under RCW 9A.56.040(1), a person commits theft in the second degree by stealing:

"(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."

"Theft in the second degree is a class C felony" (RCW 9A.56.040(2)). Below the line, RCW 9A.56.050 makes theft of property or services that "does not exceed seven hundred fifty dollars in value" theft in the third degree, a gross misdemeanor.

Above $5,000, the offense becomes theft in the first degree, a class B felony (RCW 9A.56.030).

Washington theft grading table

The maximums come from RCW 9A.20.021: for a class B felony, "a term of ten years, or by a fine in an amount fixed by the court of twenty thousand dollars, or by both"; for a class C felony, five years or $10,000 or both; and for a gross misdemeanor, county jail "of up to three hundred sixty-four days, or by a fine in an amount fixed by the court of not more than five thousand dollars, or by both." Those are ceilings set by the Legislature for each class, not a prediction of the sentence in any case.

Thefts that are felonies regardless of the $750 line

Several kinds of theft are felonies because of what was taken or how:

• From the person. Theft in the first degree includes "Property of any value, other than a firearm as defined in RCW 9.41.010 or a motor vehicle, taken from the person of another" (9A.56.030(1)(b)). Theft from the person is therefore a class B felony at any value.
• Firearms. "A person is guilty of theft of a firearm if he or she commits a theft of any firearm." The section "applies regardless of the value of the firearm taken in the theft," and "Each firearm taken in the theft under this section is a separate offense" (9A.56.300). It is a class B felony.
• Motor vehicles. "Theft of a motor vehicle is a class B felony" (9A.56.065). Taking a vehicle without permission is a felony even without intent to keep it: a person who "intentionally takes or drives away" another's motor vehicle without the owner's permission, or "voluntarily rides in or upon" one "with knowledge of the fact that the automobile or motor vehicle was unlawfully taken," commits taking a motor vehicle without permission in the second degree, a class C felony (9A.56.075).
• Access devices and public records. Theft of "An access device," or of a public record kept by a public office, is theft in the second degree, a class C felony, at any value (9A.56.040(1)(b), (d)).
• Search and rescue dogs and emergency equipment. Theft in the first degree also covers a search and rescue dog "while the search and rescue dog is on duty," and firefighter or EMS equipment that is "critical to their work in an emergency setting" and taken from a fire station, fire department vehicle or EMS facility or vehicle, where the loss "significantly hindered or delayed" the response to an ongoing emergency or the equipment "exceeds $1,000 in value" (9A.56.030(1)(c), (e)).
• Vulnerable adults. Under RCW 9A.56.400, theft of more than $750 from a vulnerable adult is its own offense (second degree, class C; over $5,000, first degree, class B). In both degrees, "The defendant must have known or should have known that the victim was a vulnerable adult."

Repeat offenses and adding thefts together

Washington's theft degree sections, RCW 9A.56.030 to 9A.56.050, grade by value and type of property; none of them raises the degree because of a prior theft conviction. Two rules reach repeated thefts in other ways.

Aggregation. RCW 9A.56.010 lets a series of small thefts be combined:

"whenever any series of transactions which constitute theft, would, when considered separately, constitute theft in the third degree because of value, and said series of transactions are a part of a criminal episode or a common scheme or plan, then the transactions may be aggregated in one count and the sum of the value of all said transactions shall be the value considered in determining the degree of theft involved. For purposes of this subsection, "criminal episode" means a series of thefts committed by the same person from one or more mercantile establishments on three or more occasions within a five-day period."

So several thefts that are each under $750 can be charged as one second-degree theft if the total passes $750 and the thefts meet that test. The retail statutes below have their own 180-day aggregation rules.

Three stores in 180 days. Under the retail theft with special circumstances statute, stealing from "three or more separate and distinct mercantile establishments within a one hundred eighty-day period" is one of the circumstances that makes retail theft a felony at any value (9A.56.360(1)(c)).

Is shoplifting a felony in Washington?

Washington has no separate shoplifting crime. Shoplifting is theft under RCW 9A.56.020, graded by the same degrees: theft of $750 or less from a store is theft in the third degree, a gross misdemeanor, and more than $750 is a felony. The degree sections set no special grade for a first offense.

Burglary is a separate offense. Under RCW 9A.52.030, a person who, "with intent to commit a crime against a person or property therein," "enters or remains unlawfully in a building other than a vehicle or a dwelling" commits burglary in the second degree, a class B felony, and the section sets no minimum value. A person enters or remains unlawfully when "not then licensed, invited, or otherwise privileged to so enter or remain," and a license to be in a building "which is only partly open to the public" is not a license to be in "that part of a building which is not open to the public" (RCW 9A.52.010(2)).

Three retail statutes can make a store theft a felony at lower values.

Retail theft with special circumstances (RCW 9A.56.360)

The statute applies when a person steals from a store with one of these 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."

The degree follows the amount, but the bottom tier is a felony. Retail theft with special circumstances is "in the third degree if the theft involved constitutes theft in the third degree," and "Retail theft with special circumstances in the third degree is a class C felony" (9A.56.360(4)). The second degree (amount qualifies as theft 2) is also a class C felony, and the first degree (amount qualifies as theft 1) is a class B felony (9A.56.360(2), (3)).

Section 9A.56.360(6) adds its own aggregation rule: "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 aggregated in one county may be prosecuted in any county where one of them occurred, but never in more than one county. A store may ask that its theft be aggregated with others, and if the prosecutor declines, the store "shall be promptly advised" of the decision and the reasons.

Theft with the intent to resell (RCW 9A.56.340)

A person commits this offense by stealing "property with a value of at least two hundred fifty dollars from a mercantile establishment with the intent to resell the property for monetary or other gain." The first degree, at $1,500 or more, is a class B felony; the second degree, at least $250 but less than $1,500, is a class C felony. Thefts from one or more stores over 180 days may be aggregated (9A.56.340(4)).

Organized retail theft (RCW 9A.56.350)

Under RCW 9A.56.350(1), a person is guilty of organized retail theft if he or she:

"(a) Commits theft of property with a value of at least seven hundred fifty dollars from a mercantile establishment with an accomplice; (b) Possesses stolen property, as defined in RCW 9A.56.140, with a value of at least seven hundred fifty dollars from a mercantile establishment with an accomplice; (c) Commits theft of property with a cumulative value of at least seven hundred fifty dollars from one or more mercantile establishments within a period of up to one hundred eighty days; or (d) Commits theft of property with a cumulative value of at least seven hundred fifty dollars from a mercantile establishment with no less than six accomplices and makes or sends at least one electronic communication seeking participation in the theft in the course of planning or commission of the theft."

At $5,000 or more it is a class B felony (first degree); from $750 to less than $5,000 it is a class C felony (second degree).

Note the boundary wording: organized retail theft uses "at least seven hundred fifty dollars," so exactly $750 qualifies there, while the general theft degrees put exactly $750 in the third degree.

Store detention

RCW 9A.16.080 protects a store or officer who detains a suspected shoplifter. In a criminal action brought because a person was detained at or near a store "for the purpose of investigation or questioning as to the ownership of any merchandise," it is a defense "that the person was detained in a reasonable manner and for not more than a reasonable time to permit such investigation or questioning by a peace officer, by the owner of the mercantile establishment, or by the owner's authorized employee or agent, and that such peace officer, owner, employee, or agent had reasonable grounds to believe that the person so detained was committing or attempting to commit theft or shoplifting on such premises of such merchandise." The statute sets no number of minutes; it defines a reasonable time as "the time necessary to permit the person detained to make a statement or to refuse to make a statement, and the time necessary to examine employees and records of the mercantile establishment relative to the ownership of the merchandise." RCW 4.24.220 gives the same defense in a civil lawsuit brought because of the detention.

Can a store demand money after shoplifting in Washington?

Yes. RCW 4.24.230 creates a civil penalty that a store can seek separately from any criminal case.

Adults and emancipated minors. Under subsection (1), a person who takes merchandise from a store without consent, intending to convert it without paying, "is liable in addition to actual damages, for a penalty to the owner or seller in the amount of the retail value thereof not to exceed two thousand eight hundred fifty dollars, plus an additional penalty of not less than one hundred dollars nor more than six hundred fifty dollars, plus all reasonable attorney's fees and court costs expended by the owner or seller." The same section applies to leaving a restaurant, hotel or motel without paying.

Parents of minors. Under subsection (2), the parent or legal guardian having custody of an unemancipated minor who shoplifts is liable for "the retail value of such goods, wares, or merchandise not to exceed one thousand four hundred twenty-five dollars plus an additional penalty of not less than one hundred dollars nor more than six hundred fifty dollars, plus all reasonable attorney's fees and court costs." Liability is not imposed on a government entity, private agency or foster parent assigned responsibility for the child by court order or state action.

No conviction is required. "A conviction for violation of chapter 9A.56 RCW shall not be a condition precedent to maintenance of a civil action authorized by this section" (4.24.230(4)).

The demand must carry a notice. A store demanding the penalty must give written notice that states: "IMPORTANT NOTICE: The payment of any penalty demanded of you does not prevent criminal prosecution under a related criminal provision." The notice must be "boldly and conspicuously displayed, in at least the same size type as is used in the demand" (4.24.230(5)).

The statute sets what a store can recover. Whether a particular demand letter matches it is a question for a lawyer licensed in Washington.

Recent changes

Effective July 27, 2025, Substitute Senate Bill 5323 (Laws of 2025, ch. 286) made theft of "Property or equipment used by firefighters or emergency medical service providers that is critical to their work in an emergency setting and taken from a fire station, fire department vehicle, or emergency medical services building, facility, structure, or vehicle" theft in the first degree, a class B felony, when the loss "significantly hindered or delayed" the responder's "ability to respond to an ongoing emergency" or the property or equipment "exceeds $1,000 in value" (RCW 9A.56.030(1)(e)). The act added the same clause to possessing stolen property in the first degree (RCW 9A.56.150). The retail theft with special circumstances statute was last amended in 2017 (2017 c 224), and organized retail theft in 2017 (2017 c 329).

Other theft offenses with their own grades

Chapter 9A.56 RCW contains several theft offenses that set their own grades:

Related legal issues

Theft by deception falls under the same theft statute, but fraud schemes more broadly, and how to report them, are covered in our guide to Washington scam and fraud laws. Misusing another person's identifying information is a separate offense, covered in Washington identity theft laws. For clearing a theft conviction from a record, see Washington expungement laws, and for filing deadlines see the Washington statute of limitations guide. Federal theft offenses are covered on our theft laws hub.

Related

• Theft laws by state
• Washington scam and fraud laws
• Washington identity theft laws
• Washington expungement laws
• Washington statute of limitations

This article provides general legal information about Washington theft and retail theft statutes as of October 13, 2026. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in Washington.

Last updated: 2026-10-13.

Frequently Asked Questions

What is the felony theft threshold in Washington?

Theft of property or services that exceed $750 in value (up to $5,000) is theft in the second degree, a class C felony (RCW 9A.56.040). Retail theft with special circumstances is a class C felony at any value (RCW 9A.56.360).

Is stealing $750 a felony in Washington?

Not under the general theft degrees. Theft that does not exceed $750 is theft in the third degree, a gross misdemeanor (RCW 9A.56.050). The felony tier starts above $750 (RCW 9A.56.040).

What is the penalty for third-degree theft in Washington?

Theft in the third degree is a gross misdemeanor, punishable by up to 364 days in county jail, a fine of up to $5,000, or both (RCW 9A.56.050, 9A.20.021(2)).

Is shoplifting a felony in Washington?

Shoplifting is charged as theft, so it is a gross misdemeanor at $750 or less and a felony above $750. It is a class C felony at any value if a special circumstance applies: leaving through an emergency exit, carrying a device to defeat security systems, or stealing from three or more stores within 180 days (RCW 9A.56.360). Burglary is a separate offense: entering or remaining unlawfully in a building with intent to commit a crime there, including entering a part of a store not open to the public without a license or privilege to be there, is burglary in the second degree, a class B felony (RCW 9A.52.010, 9A.52.030).

Is stealing a gun or a car a felony in Washington?

Yes. Theft of any firearm, regardless of value, is a class B felony, with each firearm a separate offense (RCW 9A.56.300). Theft of a motor vehicle is also a class B felony (RCW 9A.56.065).

Is theft from a person a felony in Washington?

Yes. Property of any value taken from the person of another (other than a firearm or motor vehicle, which have their own sections) is theft in the first degree, a class B felony (RCW 9A.56.030(1)(b)).

Can a store make me pay a civil penalty after shoplifting in Washington?

RCW 4.24.230 lets a store seek the retail value up to $2,850 plus an additional $100 to $650, plus attorney fees and costs, from an adult or emancipated minor, with no conviction required. A lawyer licensed in Washington can advise on a specific demand.

Can parents be charged a civil penalty for a child shoplifting in Washington?

Under RCW 4.24.230(2), the custodial parent or legal guardian of an unemancipated minor is liable for the retail value up to $1,425 plus an additional $100 to $650, plus attorney fees and costs.