Introduction
RCW 46.64.048 accomplice liability establishes that anyone who aids, abets, encourages, or participates in a traffic offense can be held legally responsible as if they committed the violation themselves. This Washington State law extends criminal liability beyond the driver to others who actively assist in unlawful driving behavior, including in cases like illegal street racing, reckless driving, or attempting to elude police.
Aiding or Abetting a Traffic Offense
Under this statute, it’s not just the driver who may face legal consequences. If a person:
- Directs someone to commit a traffic infraction,
- Encourages or promotes dangerous driving,
- Helps evade law enforcement,
they can be charged under the same provisions as the actual driver. The statute reads that a person who “aids or abets” in the commission of a violation is deemed to have committed it themselves.
Examples of Accomplice Behavior
Some real-world scenarios where RCW 46.64.048 may apply:
- Passenger films or encourages a driver during a street race
- Friend helps plan or block intersections for drag racing
- Someone provides a vehicle knowing it will be used to evade police
Legal Classification and Consequences
The penalties for accomplices mirror the underlying violation. If the offense is a:
- Traffic infraction – the accomplice may be cited and fined similarly
- Gross misdemeanor (e.g., reckless driving) – they may face up to 364 days in jail and a $5,000 fine
- Felony (e.g., vehicular assault) – accomplices can face the same level of criminal prosecution as the principal actor
RCW 46.64.048 Legal Text Summary
The law’s plain language states:
“Any person who aids or abets the commission of an offense… shall be punished as a principal.”
Importance in Racing and Reckless Driving Cases
This statute is particularly important in cases involving RCW 46.61.530 (racing) and RCW 46.61.500 (reckless driving). Even if a person did not touch the wheel, if they supported or encouraged the illegal conduct, they can be charged.
Read the full text of RCW 46.64.048 on the Washington State Legislature site.
If you’re being charged under RCW 46.64.048 accomplice liability in a traffic-related case, you may be facing the same penalties as the driver. Contact Blanford Law today at ken@blanfordlaw.com or 253-720-9304 to protect your rights and build a strong defense.
Additional Resources
Additional Resources
1. Cle Elum Complicity Code § 9.20.060: Accomplice Liability
Explains how Cle Elum’s municipal code mirrors state law in holding accomplices accountable for assisting or encouraging criminal activity.
2. RCW 9A.76.080: Rendering Criminal Assistance in the Second Degree
Covers Washington’s law on helping someone avoid arrest or prosecution, even if you didn’t commit the crime yourself.