I have been on a hike and walked through an open field. This place doesn’t have fences, and signs indicate it is private property.

After getting home, I looked on the onX Hunting Appwhich accurately shows the property boundaries. It's a great source of information about where private and public lands are.

It turns out that I unintentionally walked through the corner of someone’s private land. Honoring the landowners' private property - I won’t repeat that mistake.

What if someone noticed my inadvertent trespass and shot me? Would the action of the property owner be legal in Washington?

Washington State Law
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Let's first look at Washington law: 

RCW 9A.16.050 states

“Homicide is also justifiable when committed either (1) In the lawful defense of the slayer or his or her husband, wife, parent, child, brother, or sister, or of any other person in his or her presence or company, when there is reasonable ground to apprehend a design on the part of the person slain to commit a felony or to do some great personal injury to the slayer or to any such person, and there is imminent danger of such design being accomplished; or(2) In the actual resistance of an attempt to commit a felony upon the slayer, in his or her presence, or upon or in a dwelling, or other place of abode, in which he or she is.”  -RCW 9A.16.050

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Washington is a Castle law state. If someone attempts to enter your home with ill intent, you have the right to defend yourself and your family.

Washington is NOT a castle doctrine state, where you can shoot anyone on your property or even someone who is in or even broke into your home. 

What state in America is a Castle Doctrine state?

Texas. You step on someone's listed private property in Texas at your own risk.

Washington is a stand-your-ground state, where you have to convince the prosecutor and jury you legitimately thought your life or the life of another is in danger. This does not include property damage or theft., trespassing, forceable entry, etc.

Is there an example in Washington of a property owner killing an accidental intruder?

Yes. a property owner got a 19-year sentence for shooting and killing an accidental intruder. 

What happened?

A drunk man went into the wrong building in Belfair, WA. He wrongly thought it was the place where he was staying. The owner confronted the trespasser, then left and went to his house next door, got his gun, and then went back and shot the trespasser dead.

The judge who gave the owner a 19-year prison sentence stated the following:

“...the law of self-defense in the state of Washington has been this way for countless years and that is clear that force must be met with reasonable force. Just because someone’s on your property doesn’t give you a right to kill them.” -Judge Amber Finlay

Posted & Trespassing Laws To Know

Be excited about the upcoming hunting season, but know the laws first.

Gallery Credit: CANVA

Missing Persons in Washington State

The gallery of persons currently listed as missing on the MUPU list in Washington State. Each picture contains the missing person's name, when they went missing, and which law enforcement agency to contact if you know something that could help.

Gallery Credit: Brian Stephenson

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