Ordinance 03-046 Establishes Criminal Code CITY OF SPOKANE VALLEY
SPOKANE COUNTY, WASHINGTON
ORDINANCE NO. 46
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON,
ESTABLISHING A CRIMINAL CODE, ADOPTING BY REFERENCE
NUMEROUS CRIMINAL CODE PROVISIONS FROM TILE REVISED CODE
OF WASHINGTON, DEFINING OTHER CRIMINAL OFFENSES,
PRESCRIBING PENALTIES FOR CRIMINAL VIOLATIONS V1'HICH OCCUR
WITHIN THE CITY, AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City of Spokane Valley will incorporate on March 31, 2003;
WHEREAS, the City of Spokane Valley desires to adopt a Criminal Code by
March 31, 2003 to preserve the public health, safety and welfare of the community; and
WHEREAS, the City Council finds that the public health, welfare and safety is
protected by forbidding and preventing conduct that inflicts or threatens to inflict harm to
individual or public interests provided the City identifies the conduct declared to
constitute an offense against such interests.
NOW, THEREFORE, the City Council of the City of Spokane Valley,
Washington do ordain as follows:
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Section 1. Preliminary Statement.
1. This ordinance shall be known as, and shall be cited as, the Spokane
Valley Criminal Code (SVCC).
2. The provisions of this Code shall apply to any offense committed on or
after 12:01 a.m. on March 31, 2003 within the City of Spokane Valley.
3. The provisions of this code do not apply to, or govern the construction of
and punishment for any offense committed prior to 12:01 a.m. on March 31, 2003, or to
the construction and application of any defense to a prosecution for such an offense.
Such an offense must be construed and punished according to the provisions of law
existing in the City at the time of the commission thereof in the same manner as if this
Code had not been enacted.
4. The sections of the Revised Code of Washington (RCW) now in effect or
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as subsequently amended, specifically enumerated in this ordinance, are adopted by
reference in this Code.
5. In issuing a citation to any person or persons for violation of the
• provisions of this Code, law enforcement officers may cite to either the specific Spokane
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Valley Criminal Code provision or the specific RCW provision from which it is adopted
by reference. -
6. Section captions are for organizational purposes only, and shall not be
construed as part of this Code.
Section 2. Purposes - Principles of Construction.
1. The general purposes of the provisions governing the definition of
offenses are:
A. To forbid and prevent conduct that inflicts or threatens substantial
harm to individual or public interests;
B. To safeguard conduct that is without culpability from
condemnation as criminal;
C. To give fair warning of the nature of the conduct declared to
constitute an offense; and
D. To differentiate on reasonable grounds between serious and minor
offenses, and to prescribe proportionate penalties for each.
2. The provisions of this Code shall be construed according to the fair import
of their terms, and when the language is susceptible of differing constructions, it shall be
interpreted to further the general purposes stated in this Code.
3. In adopting the State statutes by reference, only those crimes and offenses
within the jurisdiction of a municipality are intended to be adopted and, in those sections
adopted which define both misdemeanors and felonies, only the language applicable to
misdemeanors and gross misdemeanors is to be applied.
4. Jurisdiction to prosecute any felonious activity remains with the State of
Washington, County of Spokane.
Section 3. City Criminal Jurisdiction. Any person who commits any offense
defined by this Code, in whole or in part, within the corporate limits of the City, is liable
to arrest, prosecution and punishment.
Section 4. Classes of Crimes. An offense defined by this Code, for which a
sentence of imprisonment is authorized, constitutes a violation of city ordinance and is a
crime. Crimes are classified as gross misdemeanors or misdemeanors.
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Section 5. Punishment and Restitution.
1. Unless specifically provided otherwise, every person convicted of a gross
misdemeanor, or a crime not otherwise classified, shall be punished by imprisonment in
jail for a maximum term of not more than one year, or by a fine in an amount of not more
than Five Thousand Dollars ($5,000.00), or by both such imprisonment and fine.
2. Unless specifically provided otherwise, every person convicted of a
misdemeanor shall be punished by imprisonment in jail for a maximum term of not more
than 90 days, or by a fine in an amount of not more than One Thousand Dollars
($1,000.00), or by both such imprisonment and fine.
3. A person who is convicted of a misdemeanor violation of RCW
69.50.401(e), adopted by reference, shall be punished by imprisonment for not less than
24 consecutive hours, and by a fine of not less than Two Hundred Fifty Dollars
($250.00). On a second or subsequent conviction, the penalty shall be not less than Five
Hundred Dollars ($500.00) and by imprisonment of not less than 24 consecutive hours.
4. Unless the court finds that the imposition of the minimum imprisonment
will pose a substantial risk to the defendant's physical or mental well being or that local
jail facilities are in an overcrowded condition, the term of imprisonment shall not be
suspended or deferred. if a minimum term of imprisonment is suspended or deferred, the
court shall state in writing the reason for granting the suspension or deferral and the facts
upon which the suspension or deferral is based. Unless the court finds the person to be
indigent, the minimum fine shall not be suspended or deferred.
5. The City Council reserves the right to implement a community service
program to provide an alternative to fines and/or imprisonment in jail.
6. The Court may impose restitution as provided in RCW 9A.20.030.
7. In the event there is a conflict in the penalties that can be unposed upon
conviction for a specific offense between the provisions of the Spokane Valley Criminal
Code and the Revised Code of Washington, the penalty provisions of the Spokane Valley
Criminal Code shall apply unless preempted by State law.
Section 6. Limitation of Action.
1. The prosecution of a gross misdemeanor, or a crime not otherwise
classified, may not begin more than two years after its commission. The prosecution of a
misdemeanor may not begin more than one year after its commission.
2. Periods of limitation toll for any period of time the person charged is not
usually and publicly resident within this State.
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3. If a complaint or an information filed before the end of a period of
limitation is thereafter set aside, then the period is extended by a period equal to the
length of time from the filing to the setting aside.
Section 7. Proof beyond a reasonable doubt.
1. Every person charged with an offense is presumed innocent unless proven
guilty by competent evidence establishing each element of the offense beyond a
reasonable doubt.
2. When an offense has been proven against a person, but a reasonable doubt
exists as to the degree of the crime, a conviction shall be entered only as to the lowest
degree.
Section 8. General provisions - adoption by reference. The following
provisions of the Revised Code of Washington as presently constituted or hereinafter
amended are adopted by reference.
RCW 9A.04.050 People capable of committing crimes - culpability of children.
RCW 9A.04.060 Common law as supplement to statutes.
RCW 9A.04.070 Who amenable to criminal statutes.
RCW 9A.04.090 Application of general provisions of code.
ROW 9A.04.110 Definitions.
R.CW 9.01.055 Citizen immunity if aiding officer.
RCW 9.01.110 Omission, when not punishable.
RCW 9.01.130 Sending letter, when complete.
Section 9. Principles of Liability. The following provisions of the Revised
Code of Washington as presently constituted or hereinafter amended are adopted by
reference.
RCW 9A.08.010 General requirements of culpability.
RCW 9A.08.020 Liability for conduct of another- complicity.
RCW 9A.08.030 Corporate and personal liability.
Section 10. Defenses. The following provisions of the Revised Code of
Washington as presently constituted or hereinafter amended are adopted by reference.
RCW 9A.12.010 Defense of Insanity.
RCW 9A.16.010 Definitions.
RCW 9A.16.020 Use of force - when lawful.
RCW 9A.16.040 Justifiable homicide or use of deadly force by public officer, peace
officer, person aiding.
RCW 9A.16.060 Duress.
RCW 9A.16.070 Entrapment.
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RCW 9A.16.080 Action for being detained on mercantile establishment premises for
investigation - "Reasonable grounds" - as defense.
RCW 9A.16.090 Intoxication.
RCW 9A.16.100 Use of force on children - policy - actions presumed unreasonable.
RCW 9A.16.110 Defending against violent crime- reimbursement.
Section 11. Anticipatory Offenses. The following provisions of the Revised
Code of Washington as presently constituted or hereinafter amended are adopted by
reference.
RCW 9A.28.020 Criminal attempt.
RCW 9A.28.030 Criminal solicitation.
RCW 9A.28.040 Criminal conspiracy.
Section 12. Abandoned Refrigeration Equipment.
RCW 9.03.010 Abandoning, discarding refrigeration equipment.
RC\V 9.03.020 Permitting unused equipment to remain on premises.
RCW 9.03.040 Keeping or storing equipment for sale.
Section 13. Advertising - Crimes Relating to. The following provisions of the
Revised Code of Washington as presently constituted or hereinafter amended are adopted
by reference.
R.CW 9.04.010 False advertising.
RCW 9.04.090 Advertising fuel prices by service station.
Section 14. Aggressive Begging.
1. Any person who engages in aggressive begging in any public place in the
City as those terms are defined by this section is guilty of a misdemeanor.
2. As used in this section:
A. Aggressive begging means to beg with intent to intimidate another
person into giving money or goods.
B. Begging means to ask for money or goods as a charity, whether by
words, bodily gestures, signs or other means.
C. Intimidate means to coerce or frighten into submission or
obedience.
D. Public places for purposes of Section 14 means any road, alley,
lane, parking area, sidewalk or any place, private or otherwise,
adopted to and fitted for vehicular or pedestrian travel that is in
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common use by the public with the consent, expressed or implied,
of the owner or owners; and any public playground, school
grounds, recreation grounds, parks, parkways, park drives, park
paths and rights-of-way open to the use of the public.
Section 15. Alcoholic Beverage Control. The following provisions of the
Revised Code of Washington as presently constituted or hereinafter amended are adopted
by reference.
RCW 66.04.010 Definitions.
RCW 66.20.160 "Card of identification", "licensee", "store employee" defiled for
certain purposes.
RCW 66.20.170 Card of identification may be accepted as identification card and
evidence of legal age.
RCW 66.20.180 Card of identification to be presented on request of licensee.
RCW 66.20.200 Unlawful acts relating to card of identification and certification
card -penalty.
RCW 66.28.090 Licensed premises or banquet permit premises open to inspection -
failure to allow - violations.
RCW Chapter 66.32 Search and seizure; entire chapter.
RCW Chapter 66.44 Enforcement - penalties; entire chapter.
Section 16. Alcoholic Beverage Control - Opening or Consuming Liquor or
Possessing Open Container of Liquor in Public Place. Except as provided by Title 66
RCW, any person who possesses an open container of liquor in a public place is guilty of
a misdemeanor and shall be fined not more than one hundred dollars; provided, that this
provision shall not apply to containers kept in the trunk of a vehicle or in an area of the
vehicle not normally occupied by the driver or passengers. A utility compartment or
glove compartment is deemed to be within the area occupied by the driver and
passengers.
Section 17. Animals - Crimes Relating to. The following provisions of the
Revised Code of Washington as presently constituted or hereinafter amended are adopted
by reference.
RCW 9.08.030 False certificate of registration of animals - False representation as
to breed.
RCW 9.08.065 Definitions.
RCW 9.08.070 Pet animals -Taking, concealing, injuring, lulling, etc. - Penalty.
RCW 16.52.080 Transporting or confining an animal in an unsafe manner.
RCW 16.52.100 Confining animals without food or water.
RCW 16.52.117 Animal fighting.
RCW 16.52.190 Poisoning animals.
RCW 16.52.195 Poisoning animals - penalty.
RCW 16.52.207 Animal cruelty in the second degree.
RCW 16.52.300 Dogs or cats used as bait.
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Section 18. Assault and Other Crimes Relating, to Persons. The following
provisions of the Revised Code of Washington as presently constituted or hereinafter
amended are adopted by reference.
RCW 9A.36.041 Assault in the fourth degree.
RCW 9A.36.050 Reckless endangerment in the second degree.
R.CW 9A.36.070 Coercion.
Section 19. Competitive Bidding. The following provisions of the Revised
Code of Washington as presently constituted or hereinafter amended are adopted by
reference.
RCW 9.18.120 Suppression of competitive bidding
RCW 9.18.130 Collusion to prevent competitive bidding
RCW 9.18.140 Penalty
Section 20. Controlled Substances - Drug Paraphernalia. The following
provisions of the Revised Code of Washington as presently constituted or hereafter
amended are adopted by reference.
RCW 69.50.102 Drug Paraphernalia—Definitions
RCW 69.50.412 Prohibited Acts:
E— Penalties
Section 21. Controlled Substances. The following provisions of the Revised
Code of Washington as presently constituted or hereinafter amended are adopted by
reference.
RCW 69.50.101 Definitions.
RCW 69.50.204(c)(14) Schedule I - Marijuana.
RCW 69.50.309 Containers.
RCW 69.50.401(e) Prohibited acts: A-Penalties.
RCW 69.50.425 Misdemeanor violators - minimum imprisonment.
RCW 69.50.505(a)
(1), (3), (6) & (7) Seizure and forfeiture.
RCW 69.50.506 Burden of proof.
RCW 69.50.509 Search and seizure of controlled substances.
Section 22. Corporations. The following provisions of the Revised Code of
Washington as presently constituted or hereinafter amended are adopted by reference.
RCW 9.24.010 Fraud in stock subscription.
R.CW 9.24.040 Corporation doing business without license.
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Section 23. Custodial Interference. The following provisions of the Revised
Code of Washington as presently constituted or hereinafter amended are adopted by
reference.
RCW 9A.40.010 Definitions.
RCW 9A.40.070 Custodial interference in the second degree.
RCW 9A.40.080 Custodial interference - Assessment of costs - Defense - Consent
defenses, restricted.
Section 24. Discharge of Firearms Prohibited.
1. Any person who knowingly discharges a firearm within the City is guilty
of a misdemeanor.
2. "Firearm" means a weapon or device from which a projectile or projectiles
• may be fired by an explosive such as gunpowder.
3. The provisions of this section do not apply to:
A. A person engaged in military activities sponsored by the federal or
state governments, while engaged in official duties;
B. Law enforcement personnel;
C. Security personnel while engaged in official duties; and
D. A person utilizing a properly licensed institutional, membership
and/or commercial shooting range.
Section 25. Disorderly Conduct. Any person who engages in disorderly
conduct is guilty of a misdemeanor. A person engages in disorderly conduct when that
person:
1. Uses abusive language and thereby intentionally creates a risk of assault;
2. Intentionally disrupts any lawful assembly or meeting of persons without
authority;
3. Intentionally obstructs vehicular or pedestrian traffic without lawful
authority;
4. Fights by agreement, except as part of an organized athletic event; or
5. Enters or remains in any school building, classroom or upon any school
ground, or street, sidewalk or public way adjacent thereto, and
intentionally causes.disruption of the activities of the school.
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6. As used in this section, "school" has its ordinary meaning and also
includes universities, colleges, community colleges and institutions of
higher learning.
Section 26. Domestic Violence. The following provisions of the Revised Code
of Washington as presently constituted or hereinafter amended are adopted by reference.
RCW 10.99.020 Definitions.
RCW 10.99.030 Law enforcement officers - Training, powers, duties.
RCW 10.99.040 Restrictions upon and duties of the court.
RCW 10.99.045 Appearances by defendant- Orders prohibiting contact.
RCW 10.99.050 Restriction or prohibition of contact with victim - Violation,
Penalties, Written order - Procedures.
RCW 10.99.055 Enforcement of orders against defendants.
RCW 26.50.010 Definitions.
RCW 26.50.020 Commencement of action - Jurisdiction - Venue.
RCW 26.50.030 Petition for an order for protection - Availability of forms and
instructional brochures - Fee - Bond not required.
RCW 26.50.040 Fees not permitted.
RCW 26.50.050 Hearing - Service -Time.
RCW 26.50.060 Relief.
RCW 26.50.070 Ex parte temporary order for protection.
RCW 26.50.080 issuance of order - Assistance of law enforcement officer -
Designation of appropriate law enforcement agency.
RCW 26.50.085 Service by publication.
RCW 26.50.090 Order- Service.
RCW 26.50.095 Order following service by publication.
RCW 26.50.100 Order - Transmittal to law enforcement agency - Record in law
enforcement information system - Enforceability.
RCW 26.50.110 Violation of order-Penalties.
RCW 26.50.115 Enforcement of ex parte order- Knowledge as prerequisite.
RCW 26.50.120 Violation of order - Prosecuting attorney or attorney for
municipality may be requested to assist - Cost and attorney fees.
RCW 26.50.123 Service by mail.
RCW 26.50.125 Service by publication or mail - Costs.
RCW 26.50.130 Order - Modification - Immunity.
RCW 26.50.140 Law enforcement officer- Immunity.
RCW 26.50.210 Proceedings additional.
Section 27. False Representations. The following provisions of the Revised
Code of Washington as presently constituted or hereinafter amended are adopted by
reference.
RCW 9.38.010 False representation concerning credit.
RCW 9.38.115 False statement by deposit account applicant
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RCW 9.38.020 False representation concerning title.
Section 28. False Swearing and Tampering. The following provisions of the
Revised Code of Washington as presently constituted or hereinafter amended are adopted
by reference.
RCW 9A.72.010 Definitions.
RCW 9A.72.040 False swearing.
RCW 9A.72.050 Perjury and false swearing - Inconsistent statements - Degree of
crime.
RCW 9A.72.060 Perjury and false swearing- Retraction.
RCW 9A.72.070 Perjury and false swearing- Irregularities no defense.
RCW 9A.72.080 Statement of what one does not know to be true.
RCW 9A.72.140 Jury tampering.
RCW 9A.72.150 Tampering with physical evidence.
Section 29. Fire Alarms - Crimes Relating to. The following provisions of the
Revised Code of Washington as presently constituted or hereinafter amended are adopted
by reference.
RCW 9.40.040 Operating engine or boiler without spark arrester.
RCW 9.40.100 Injuring or tampering with fire alarm apparatus or equipment -
Sounding false fire alarm.
Section 30. Firearms. All provisions of the Revised Code of Washington,
Chapter 9.41, as presently constituted or hereinafter amended are adopted by reference.
Section 31. Flags. The following provisions of the Revised Code of
Washington as presently constituted or hereinafter amended are adopted by reference.
RCW 9.86.010 "Flag" defined
RCW 9.86.020 Improper use of flag prohibited
RCW 9.86.030 Desecration of flag
RCW 9.86.040 Application of provisions
RCW 9.86.050 Penalty
Section 32. Fraud. The following provisions of the Revised Code of
Washington as presently constituted or hereinafter amended are adopted by reference.
RCW 9.45.060 Encumbered, leased, or rented personal property - Construction.
RCW 9.45.070 Mock auctions.
RCW 9.45.080 Fraudulent removal of property.
RCW 9.45.090 Knowingly receiving fraudulent conveyance.
RCW 9.45.100 Fraud in assignment for benefit of creditors.
RC\1V 9A.60.010 Definitions.
RCW 9A.60.040 Criminal impersonation.
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RCW 9A.60.050 False certification.
RCW 9A.61.010 Defrauding a public utility - Definitions.
RCW 9A.61.020 Defrauding a public utility.
RCW 9A.61.050 Defrauding a public utility in the third degree.
RCW 9A.61.060 Restitution and costs.
RCW 9.26A.110 Fraud in obtaining telecommunications service - Penalty.
Section 33. Gambling Offenses. The following provisions of the Revised
Code of Washington as presently constituted or hereinafter amended are adopted by
reference.
RCW 9.46.190 Violations relating to fraud or deceit.
RCW 9.46.193 Cities and towns - Ordinance adopting certain sections of chapter -
Jurisdiction of courts.
RCW 9.46.195 Obstructing of public servant. Penalty.
RCW 9.46.196 Cheating - Defined.
RCW 9.46.1962 Cheating - Second degree.
RCW 9.46.198 Working in gambling activity without license as violation -
Penalty.
R.CW 9.46.210 Enforcement - Commission as law enforcement agency.
RCW 9.46.217 Gambling records - Penalty -Exceptions.
RCW 9.46.222 Professional gambling in the third degree.
RCW 9.46.240 Gambling information, transmitting or receiving as violation -
Penalty.
RCW 9.46.260 Proof of possession as evidence of knowledge of its character.
Section 34. Harassment. The following provisions of the Revised Code of
Washington as presently constituted or hereinafter amended are adopted by reference.
RCW 9A.46.010 Legislative finding.
RCW 9A.46.020 Definitions - penalties.
RCW 9A.46.030 Place where committed.
RCW 9A.46.040 Court-ordered requirements upon person charged with crime -
Violation.
RC\\' 9A.46.050 Arraignment - No contact order.
RCW 9A.46.060 Crimes included in harassment.
RCW 9A.46.070 Enforcement of orders restricting contact.
RCW 9A.46.080 Order restricting contact - Violation.
RCW 9A.46.090 Non-liability of peace officer.
RCW 9A.46.100 "Convicted," time when.
RCW 9A.46.110 Stalking.
RCW 9.61.230 Telephone harassment.
RCW 9.61240 Telephone harassment. Permitting telephone to be used.
RCW 9.61.250 Telephone harassment. Offense, where deemed committed.
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Section 35. Inhaling Toxic Fumes. The following provisions of the Revised
Code of Washington as presently constituted or hereinafter amended are adopted by
reference.
RCW 9.47A.010 Definition.
RCW 9.47A.020 Unlawful inhalation - Exception.
RCW 9.47A.030 Possession of certain substances prohibited, when.
RCW 9.47A.040 Sale of certain substances prohibited, when.
RCW 9.47A.050 Penalty.
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Section 36. Interference with Healthcare Facilities or Providers. The following
provisions of the Revised Code of Washington as presently constituted or hereinafter
amended are adopted by reference.
RCW 9A.50.005 Finding.
RCW 9A.50.010 Definitions.
RCW 9A.50.020 Interference with healthcare facility.
RCW 9A.50.030 Penalty.
RCW 9A.50.060 Informational picketing.
Section 37. Juries - Crimes Relating to. The following provisions of the
Revised Code of Washington as presently constituted or hereinafter amended are adopted
by reference.
RCW 9.51.010 Misconduct of officer drawing jury.
RCW 9.51.020 Soliciting jury duty.
RCW 9.51.030 Misconduct of officer in charge of jury.
Section 38. Lasers. The following provisions of the Revised Code of
Washington as presently constituted or hereinafter amended are adopted by reference.
RCW 9A.49.001 Findings.
RCW 9A.49.0 10 Definitions.
RCW 9A.49.030 Unlawful discharge of a laser in the second degree.
RCW 9A.49.040 Civil infraction, when.
RCW 9A.49.050 Exclusions.
Section 39. Littering and Pollution. The following provisions of the Revised
Code of Washington as presently constituted or hereinafter amended are adopted by
reference.
RCW 70.93.030 Definitions.
RCW 70.93.060 Littering.
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Section 40. Miscellaneous Crimes. The following provisions of the Revised
Code of Washington as presently constituted or hereinafter amended are adopted by
reference.
RCW 9.91.010 Denial of civil rights - Terms defined.
RCW 9.91.025 Unlawful bus conduct.
RCW 9.91.060 Leaving children unattended in parked automobile.
RCW 9.91.110 Metal buyers - Records of purchases - Penalty.
RCW 9.91.130 Disposal of trash in charity donation receptacle.
RCW 9.02.050 Concealing birth.
Section 41. Misconduct in Si nine a Petition. The following provisions of the
Revised Code of Washington as presently constituted or hereinafter amended are adopted
by reference.
RCW 9.44.080 Misconduct in signing a petition.
Section 42. Obstructing Governmental Operation. The following provisions of
the Revised Code of Washington as presently constituted or hereinafter amended are
adopted by reference.
RCW 9A.76.010 Definitions.
RCW 9A.76.020 Obstructing a law enforcement officer.
RCW 9A.76.030 Refusing to summon aid for law enforcement officer.
RCW 9A.76.040 Resisting arrest.
RCW 9A.76.050 Rendering criminal assistance. - Definition of terms.
RCW 9A.76.060 Relative defined.
RCW 9A.76.070 Rendering criminal assistance in the first degree.
RCW 9A.76.080 Rendering criminal assistance in the second degree.
RCW 9A.76.090 Rendering criminal assistance in the third degree.
R.CW 9A.76.100 Compounding.
RCW 9A.76.130 Escape in the third degree.
R.CW 9A.76.160 Introducing contraband in the third degree.
RCW 9A.76.170 Bail jumping.
RCW 9.62.010 Malicious prosecution.
RCW 9.62.020 Instituting suit in name of another.
Section 43. Official Misconduct. The following provisions of the Revised
Code of Washington as presently constituted or hereinafter amended are adopted by •
reference.
RCW 9A.80.010 Official misconduct.
Section 44. Prostitution. The following provisions of the Revised Code of
Washington as presently constituted or hereinafter amended are adopted by reference.
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RCW 9A.88.030 Prostitution.
RCW 9A.88.050 Prostitution—Sex of parties immaterial —No defense.
RCW 9A.88.060 Promoting Prostitution—definitions.
RCW 9A.88.090 Permitting Prostitution.
RCW 9A.88.110 Patronizing a Prostitute.
Section 45. Public Disturbance. The following provisions of the Revised Code
of Washington as presently constituted or hereinafter amended are adopted by reference.
R.CW 9A.84.010 Riot.
RCW 9A.84.020 Failure to disperse.
RCW 9A.84.040 False reporting.
RCW 9.27.015 Interference, obstruction of any court building or residence -
Violations.
Section 46. Public Nuisances. The following provisions of the Revised Code
of Washington as presently constituted or hereinafter amended are adopted by reference.
RCW 9.66.010 Public Nuisance.
RCW 9.66.020 Unequal damage.
RCW 9.66.030 Maintaining or permitting nuisance.
RCW 9.66.040 Abatement of nuisance.
RCW 9.66.050 Deposit of unwholesome substance.
Section 47. Reckless Burning. The following provisions of the Revised Code
of Washington as presently constituted or hereinafter amended are adopted by reference.
RCW 9A.48.010 Definitions.
RCW 9A.48.050 Reckless burning in the second degree.
RCW 9A.48.060 Reckless burning - Defense.
RCW 9A.48.090 Malicious mischief in the third degree.
RCW 9A.48.100 Malicious mischief- "Physical damage" defined.
Section 48. Sexual Offenses. The following provisions of the Revised Code of
Washington as presently constituted or hereinafter amended are adopted by reference.
RCW 9A.44.010 Definitions.
RCW 9A.44.030 Defenses to prosecution under this chapter.
RCW 9A.44.096 Sexual misconduct with a minor in the second degree.
RCW 9A.88.010 Indecent exposure.
RCW 9A.88.030 Prostitution.
RCW 9A.88.050 Prostitution - Sex of parties immaterial -No defense.
RCW 9A.88.090 Permitting prostitution.
RCW 9A.88.110 Patronizing a prostitute.
RCW 9A.88.120 Additional fee assessments.
RCW 9.68.130 "Sexually explicit material" - Defined - Unlawful display.
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RCW 9.68.140 Vehicle impoundment.
Section 49. Sexual Offenses Relative to Minors. The following provisions of
the Revised Code of Washington as presently constituted or hereinafter amended are
adopted by reference.
RCW 9.68A.011 Definition.
RCW 9.68A.080 Processors of depictions of minors engaged in sexually explicit
conduct- report required.
RCW 9.68A.090 Communication with a minor for immoral purposes.
R.CW 9.68A.140 Definitions.
RCW 9.68A.150 Allowing minor on premises of live erotic performance.
RCW 9.68A.160 Penalty.
RCW 9.69.100 Duty of witness of offense against child or any violent offense.
Penalty. .
RCW 26.28.080 Selling or giving tobacco to minors - belief of representative
capacity, no defense. Penalty. •
Section 50. Telephone Credit Cards. The following provisions of the Revised
Code of Washington as presently constituted or hereinafter amended are adopted by
reference.
RCW 9.26A.090 Telephone company credit cards - Publishing numbers or code.
"Publishes" defined.
RCW 9.26A.100 Definition.
RCW 9.26A.110 Fraud in obtaining telecommunications service. Penalty.
RCW 9.26A.120 Fraud in operating coin-box telephone or other receptacle.
RCW 9.26A.130 Penalty for manufacture or sale of slugs to be used for coin.
Section 51. Theft and Possession of Stolen Property. The following provisions
of the Revised Code of Washington as presently constituted or hereinafter amended are
adopted by reference.
RCW 9A.56.010 Definitions.
RCW 9A.56.020 Theft- Definition, defense.
RCW 9A.56.050 Theft in the third degree.
R.CW 9A.56.060 Unlawful issuance of checks or drafts.
RCW 9A.56.100 Theft and larceny equated.
RCW 9A.56.140 Possessing stolen property - Definition - Presumption.
RCW 9A.56.170 Possessing stolen property in the third degree.
RCW 9A.56.180 Obscuring identity of a machine.
R.CW 9A.56.220 Theft of cable television services.
RCW 9A.56.230 Unlawful sale of cable television services.
RCW 9A.56.240 Forfeiture and disposal of device used to commit violation.
RCW 9A.56.260 Connection of channel converter.
RCW 9A.56.270 Shopping cart theft.
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Section 52. Trademarks and Other Marks. The following provisions of the
Revised Code of Washington as presently constituted or hereinafter amended are adopted
by reference.
RCW 9.16.030 Counterfeit mark, intellectual property.
RCW 9.16.050 When deemed affixed.
RCW 9.16.060 Fraudulent registration of trademark.
RCW 9.16.070 Form and similitude defined.
RCW 9.16.080 Sales of petroleum products improperly labeled or graded.
RCW 9.16.090 Sales of petroleum products improperly labeled or graded.
Penalty.
RC W 9.16.100 Use of words "sterling silver", etc.
RCW 9.16.110 Use of words "coin silver", etc.
RCW 9.16.120 Use of word "sterling" on mounting.
RCW 9.16.130 Use of the words "coin silver" on mounting.
RCW 9.16.140 Unlawfully marking article made of gold.
RCW 9.16.150 "Marked, stamped or branded", defined.
Section 53. Trespass and Prowling. The following provisions of the Revised
Code of Washington as presently constituted or hereinafter amended are adopted by
reference.
RCW 9A.52.010 Definitions.
RCW 9A.52.060 Making or having burglar tools.
RCW 9A.52.070 Criminal trespass in the first degree.
RCW 9A.52.080 Criminal trespass in the second degree.
RCW 9A.52.090 Criminal trespass - Defenses.
RCW 9A.52.100 Vehicle prowling in the second degree.
RCW 9A.52.120 Computer trespass in the second degree.
RCW 9A.52.130 Computer trespass - Commission of other crime.
Section 54. Urinatine in Public. Any person who intentionally urinates or
defecates in a public place, other than a washroom or toilet room, or at a place and under
circumstances where such act could be observed by any member of the public, shall be
guilty of a civil infraction, with the fine not to exceed One Hundred Dollars ($100.00) for
a first offense. For as second and subsequent offenses, the person shall be guilty of a
misdemeanor.
•
Section 55. Vehicles Resembling Police or Fire Vehicles. Any person who
operates a motor vehicle pained and exhibiting decals, numbers, name or insignia that
simulate a city or county law enforcement or fire department vehicle, or official city
vehicle, without prior written authorization from the police chief, fire chief, city manager,
Spokane County Sheriffs Department, or their designees, is guilty of a misdemeanor.
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Section 56. Violating Right of Privacy. The following provisions of the
Revised Code of Washington as presently constituted or hereinafter amended are adopted
by reference.
RCW 9.73.020 Opening sealed letter.
Section 57. Regulation of Activities — State Penal Laws. The City shall
observe and enforce the provisions of State law as enacted and amended by the State
Legislature with all State law regulating local conduct, location and limitation on
activities, to the extent not identified above or subsequently enacted by the State
Legislature, deemed incorporated by reference as if fully set forth herein.
Section 58. Severability. Should any section, paragraph, sentence, clause or
phrase of this ordinance, or its application to any person or circumstance, be declared
unconstitutional or otherwise invalid for any reason or should any portion of this
ordinance be preempted by state or federal law or regulation, such decision or preemption
shall not affect the validity of the remaining portions of this ordinance or its application
to other persons or circumstances.
Section 59. Copies to be Available. A copy of each portion of the Revised
Code of Washington adopted by reference shall be authenticated and recorded by the City
Clerk and not less than one (1) copy thereof shall be available in the office of the City
Clerk for use and examination by the public.
Section 60. Certified Copies to be Furnished to Court. The City Clerk is
directed to provide at city expense to the Court Administrator of the Spokane County
District Court adequate numbers of certified copies of this Ordinance to permit effective
enforcement of this Ordinance.
Section 61. Effective Date and Publication. A summary of this Ordinance
consisting of its title shall be published in the official newspaper of the City of Spokane
Valley. This Ordinance shall take effect and be in full force on March 31, 2003 at 12:01
a.m. /
PASSED BY THE CITY COUNCIL ON fh ,l4 , 2003.
bJ
Mayor Mike DeVle ing
AT""
Ruth Muller,
Interim City Clerk
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APPROVED AS TO FORM:
G/lw
chw ,
Interim City Attorn
Date of Publication: Ifixrich 24, 20°3
Effective Date: March 31, 2003
•
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•
CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ON
ORDINANCE NO. 46
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY,WASHINGTON,
ESTABLISHING A CRIMINAL CODE,ADOPTING BY REFERENCE
RENCE
NUMEROUS CRIMINAL.CODE PROVISIONS FROM THE REVISED CODE
OF WASJ3 NGTON,DEFINING OTHER CRIMINAL OFFENSES,
PRESCRIBING PENALTIES FOR CRIMINAL'VIOLATIONS WHICH OCCUR
WITHIN THE CITY,AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS,the City of Spokane Valley will incorporate on.March 31.,2003;
WHEREAS, the City of Spokane Valley desires to adopt a Criminal Code by
March 31,2003 to preserve the public health, safety and welfare of the community; and.
WHEREAS, the City Connell finds that the public health, welfare and safety is
protected by forbidding and preventing conduct that inflicts or threatens to inflict harm to
individual, or public interests provided the City identifies the conduct declared to
constitute an offense against such interests.
• NOW, THEREFORE, the City Council of the City of Spokane Valley,
Washington do ordain as follows:
Section l.. Preliminary Statement.
•
I. This ordinance shall be known. as, and shall be cited as, the Spokane
Valley Criminal Code(SVCC).
2. The provisions of this Code shall apply to any offense committed on or
after 12:01 a.m. on March 31,2003 within the City of Spokane Valley.
3. The provisions of this code do not apply to, or govern the construction of
and punishment for any offense committed prior to 12:01 a.m. on March 31, 2003, or to
the construction and application of any defense to a prosecution for such an offense.
Such an offense must be construed and punished according to the provisions of law
existing in the City at the time of the commission thereof in the same manner as if this
Code had not been enacted.
4. The sections of the Revised Code of Washington (RCW) now in effect or
as subsequently amended, specifically enumerated. in this ordinance, are adopted by
reference in this Code.
5. In issuing a citation to any person or persons for violation of the
provisions of this Code, law enforcement officers may cite'to either the specific Spokane
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Valley Criminal Code provision or the specific RCW provision from'which it is adopted
by reference.
Section captions are for organizational purposes only, and shall. not be
• construed as part of this Code.
Section 2. Purposes-Principles of Construction.
1. The general purposes of the provisions governing the definition of
offenses are:
A. To forbid and prevent conduct that inflicts or threatens substantial
harm to individual or public interests;
B. To safeguard conduct that is without culpability from
condemnation as criminal;
C. To give fair warning of the nature of the conduct declared to
constitute an offense;and
D. To differentiate on reasonable grounds between serious and minor
offenses,and to prescribe proportionate penalties for each.
2. The provisions of this Code shall be construed according to the fair import
of their terms, and when t:he language is susceptible of differing constructions, it shall be
interpreted to further the general purposes stated in this Code.
3. In adopting the State statutes by reference, only those crimes and offenses
within the jurisdiction of a municipality are intended to be adopted and, in.those sections
adopted which define both misdemeanors and felonies, only the language applicable to
misdemeanors and gross misdemeanors is to be applied.
4. Jurisdiction to prosecute any felonious activity remains with the State of
Washington, County of Spokane.
Section 3. City Criminal Jurisdiction. Any person who commits any offense
defined by this Code, in.whole or in part, within the corporate limits of the City, is liable
to arrest,prosecution and punishment.
Section 4. Classes of Crimes. An offense defined by this Code, for which a
sentence of imprisonment is authorized, constitutes a violation of city ordinance and is a
crime. Crimes are classified as gross misdemeanors or.misdemeanors.
H
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Section 5. Punishment and Restitution.
1. Unless specifically provided otherwise, every person convicted of a gross
misdemeanor, or a crime not otherwise classified, shall be punished by imprisonment in
jail for a maximum term of not more than one year,or by a fuse in an amount of not more
than Five Thousand Dollars ($5,000.00),or by both such imprisonment and fine.
2. Unless speciifcatly provided otherwise, every person convicted of a
misdemeanor shall be punished by imprisonment in jail for a maxim=term of not more
than 90 days, or by a fine in an amount of not more than One Thousand Dollars
($1,000.00), or by both such imprisonment and fine.
3. A. person who is convicted of a misdemeanor violation of RCW
69.50.401(e), adopted by reference, shall be punished by imprisonment for not less than
24 consecutive hours, and by a fine of not less than Two Hundred Fitly Dollars
($250.00). On a second or subsequent conviction, the penalty shall be not less than Five
Hundred Dollars($500.00) and by imprisonment of not less than 24 consecutive hours.
4. Unless the court finds that the imposition of the minimum imprisonment
will pose a substantial risk to the defendant's physical or mental well being or that local
jail facilities are in an overcrowded condition, the`term of imprisonment shall not be
suspended or deferred. If a minimum term of imprisonment is suspended or deferred,the
court shall state inwriting the reason for granting the suspension or deferral and the facts
upon which the suspension or deferral is based. Unless the court finds the person to be
indigent;the minimum fine shall not be suspended or deferred.
5. The City Council reserves th.e right to implement a community service
program to provide an alternative to fines andlor imprisonment in jail.
6. The Court may impose restitution as provided in RCW 9A.20.030.
7. In the event there is a conflict in the penalties that can be imposed upon
conviction for a specific offense between the provisions of the Spokane Valley Criminal
Code and the Revised Code of Washington,the penalty provisions of the Spokane Valley
Criminal Code shall apply unless preempted by State law.
Section 6. Ll,innitati.on of Action.
:L. The prosecution of a gross misdemeanor, or a crime not otherwise
classified,may not begin more than two years after its commission. The prosecution of a.
misdemeanor may not begin more than one year after its commission.
2. Periods of limitation toll for any period of time the person charged is not
usually and publicly resident within this State.
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3. If a complaint or an information filed before the end of a period of
limitation is thereafter set aside, then the period is extended by a period equal to the
length of time from the filing to the setting aside.
Section'7. Proof beyond a reasonable doubt.
1. Every person charged with an offense is presumed innocent unless proven
guilty by competent evidence establishing each element of the offense beyond a
reasonable doubt.
2. When an offense has been proven against a.person,but a reasonable doubt
exists as to the degree of the crime, a conviction shall be entered. only as to the lowest
degree.
Section 8. General provisions - adoption ley rcferencc. The following
provisions of the Revised Code of Washington as presently constituted or hereinafter
amended are adopted by reference.
ROW 9A.04.050 People capable of committing crimes-culpability of children.
ROW 9A.04.060 Common law as supplement to statutes. •
RCW 9A.04.070 Who amenable to criminal statutes.
RCW 9A.04.090 Application of general provisions of code.
ROW 9A.04.110 Definitions.
RCW 9.01.055 Citizen immunity if aiding officer.
RCW 9.01.110 Omission,when not punishable.
ROW 9.01.130 Sending letter,when complete.
Section 9. Principles of Liability. The following provisions of the Revised
Code of Washington as presently constituted or hereinafter amended are adopted by
reference.
RCW 9A.08.010 General requirements of culpability.
RCW 9A.0$.020 Liability for conduct of another- complicity.
RCW 9A.08.030 Corporate and personal liability.
Section 10. Defenses. The following provisions of the Revised Code of
Washington as presently constituted or hereinafter amended are adopted by reference.
ROW 9A.12.010 Defense of Insanity.
ROW 9A.16.010 Definitions.
RCN 9A.16.020 Use of force-when lawful.
RCW 9A.16.040 Justifiable homicide or use of deadly force by public officer, peace
officer,person aiding.
RCW 9A.1.6.060 Duress.
RCW 9A.16.070 Entrapment.
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RCW 9A.16.080 Action for being detained,on mercantile establishment premises for
investigation- "Reasonable grounds" -as defense.
RCW 9A.16.090 Intoxication.
RCW 9A.16.1.00 Use of force on children-policy - actions presumed unreasonable.
RCW 9A.16.110 Defending against violent crime-reimbursement. •
Section U. Anticipatory Offenses. The following provisions of the Revised
Code of Washington as presently constituted or hereinafter amended are adopted by
reference.
RCW 9A.28.020 Criminal attempt.
RCW 9A.28.030 Criminal solicitation.
RCW 9A.28.040 Criminal conspiracy.
Section 12. Aband.oned.Refrigeration Equipment.
RCW 9.03.010 Abandoning, discarding refrigeration equipment.
RCW 9.03.020 Permitting unused equipment to remain on premises.
RCW 9.03.040 Keeping or storing equipment for sale.
Section 13. Advertising- Crimes Relating to. The following provisions of the
Revised Code of Washington as presently constituted or hereinafter amended are adopted
• by reference.
RCW 9.04.010 False advertising.
RCW 9.04.090 Advertising fuel prices by service station.
Section 14. Aggressive Begging.
1. Any person who engages in aggressive begging in any public place in the
City as those terms are defined by this section is guilty of a misdemeanor.
2. As used in this section:
A. Aggressive begging means to beg with intent to intimidate another
person into giving money or goods.
B. Begging means to ask for money or goods as a charity, whether by
words,bodily gestures, signs or other.means.
C. Intimidate means to coerce of frighten into submission. or
obedience.
D. Public places for purposes of Section 14 means any road, alley,
lane, parking area; sidewalk or any place, private or otherwise,
adopted to and fitted for vehicular or pedestrian travel that is in,
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common use by the public with the consent, expressed or implied,
of the owner or owners; and any public playground, school
grounds, recreation grounds, parks, parkways, park drives, park
paths and rights-of-way open to the use of the public.
Section 15. Alcoholic Beverage Control. The following provisions of the
Revised Code of Washington as presently constituted or hereinafter amended are adopted
by reference.
•
RCW 66.04.010 Definitions.
ROW 66.20.1.60 "Card of identification", "licensee", "store employee" defined for
certain purposes. •
RCW 66.20.170 Card of identification may be accepted as identification card and
evidence of legal age.
RCW 66.20.180 Card of identification to be presented on request of licensee.
RCW 66.20.200 Unlawful acts relating to card of identification and certification
card-penalty.
RCW 66.28.090 Licensed premises or banquet permit premises open to inspection-
failure to allow-violations.
RCW Chapter. 66.32 Search and seizure; entire chapter.
ROW Chapter 66.44 Enforcement-penalties; entire chapter.
Section 16. Alcoholic Beverage Control - Opening or Consuming Liquor or
Possessing Open Container of Liquor in Public Place. Except as provided. by Title 66
RCW, any person who possesses an.open container of liquor in.a public.pl ace is guilty of
a misdemeanor and shall be fined not more than one hundred dollars; provided, that this
provision shall not apply to containers kept in the trunk of a vehicle or in an area of the
vehicle not normally occupied by the driver or passengers. A utility compartment or
glove compartment is deemed to be within the area occupied by th.e driver and
passengers.
•
Section 17. Animals - Crimes Relating, to. The following provisions of the
Revised Code of.Washington as presently constituted or hereinafter amended are adopted
by reference.
•
RCW 9.08.030 False certificate of registration of animals -False representation as
to breed.
RCW 9.08.065 Definitions.
RCW 9.08.070 Pet animals-Taking, concealing,injuring, lulling,etc. -Penalty.
RCW 16.52.080 Transporting or confining an animal in an unsafe manner.
• RCW 16.52:100 Confining animals without food or water.
RCW 16.52.117 Animal fighting.
RCW 16.52.190 Poisoning animals.
• R.CW 1.6.52.195 Poisoning animals-penalty.
RCW 16.52.207 Animal cruelty in the second.degree.
RCW 16.52300 Dogs or cats used as bait.
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Section 18. Assault and Other Crimes Relating to Persons. The following
provisions of the Revised Code of Washington as presently constituted or hereinafter
amended are adopted by reference.
RCW 9A.36.041 Assault in the fourth degree.
RCW 9A.36.050 Reckless endangerment in the second degree.
RCW 9A.36.070 Coercion.
Section 19. Competitive Bidding. The following provisions of the Revised
Code of Washington as presently constituted or hereinafter amended are adopted, by
reference.
RCW 9.18.120 Suppression of competitive bidding
RCW 9.18.130 Collusion to prevent competitive bidding
RCW 9.18.140 Penalty
Section 20. Controlled Substances Paraphern alia,. The following
provisions of the Revised Code of Washington as presently constituted or hereafter
amended are adopted by reference.
RCW 69.50.102 Drug Paraphernalia—Definitions
RCW 69.50.412 Prohibited Acts: •
B--Penalties
Section 21,. Controlled Substances. The following provisions of the Revised
Code of Washington as presently constituted or hereinafter amended are adopted by
reference.
RCW 69.50.101 Definitions.
RCW 69.50.204(c)(14) Schedule I-Marijuana.
RCW 69.50.309 Containers.
RCW 69.50.401(e) Prohibited acts: A-Penalties.
RCW 69.50.425 Misdemeanor violators-minimum imprisonment.
:RCW 69.50.505(a)
(1), (3),(6) &(7) Seizure and forfeiture.
RCW 69.50.506 Burden of proof.
RCW 69.50.509 Search and seizure of controlled substances.
Section 22. Corporations, The following provisions of the Revised Code of
Washington as presently constituted or hereinafter amended are adopted by reference.
•
RCW 9.24.010 Fraud in stock subscription.
RCW 9.24.040 Corporation doing business without license.
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Section 23. Custodial Interference. The following provisions of the Revised
Code of Washington as presently constituted or hereinafter amended are adopted by
reference.
RCW 9A.40.010 Definitions.
RCW 9A.40.070 Custodial interference in the second degree.
RCW 9A..40.080 Custodial. interference - Assessment of costs - Defense - Consent
defenses,restricted.
Section 24. Discharge of Firearms Prohibited.
1. Any person who knowingly discharges a firearm within the City is guilty
of a misdemeanor.
2. ".Firc&m" means a weapon or device from which a projectile or projectiles
may be fired by an explosive such as gunpowder.
• 3. The provisions of this section do not apply to:
A. A person engaged in military activities sponsored by the federal or
state governments,while engaged in official duties;
B. Law enforcement personnel;
C. Security personnel while engaged in.official duties; and
D. A person utilizing a properly licensed institutional, membership
and/or commercial shooting range.
Section 25. Disorderly Conduct. Any person who engages in disorderly
conduct is guilty of a misdemeanor. A person engages in disorderly conduct when that
person:
1. Uses abusive language and thereby intentionally creates a risk of assault;
2. Intentionally disrupts any lawful assembly or meeting of persons without
authority;
3. Intentionally obstructs vehicular or pedestrian traffic without lawful.
authority;
4. Fights by agreement, except as part of an organized athletic event; or
5. Enters or remains in. any school building, classroom. or upon any school
ground, or street,. sidewalk or public way adjacent thereto, and
intentionally causes.disruption of the activities of the school.
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6. As used in this section, "school." has its ordinary meaning and also
includes universities, colleges, community colleges and institutions of
higher learning.
Section 26. Domestic Violence. The following provisions of the Revised Code
of Washington as presently constituted or hereinafter amended are adopted by reference.
RCW 10.99.020 Definitions.
RCW 10.99.030 Law enforcement officers -Training,powers, duties. •
RCW 10.99.040 Restrictions upon and duties of the court.
RCW 10.99.045 Appearances by defendant- Orders prohibiting contact.
RCW 10.99.050 Restriction. or prohibition of contact with victim - Violation,
Penalties, Written order-Procedures.
RCW 10.99,055 Enforcement of orders against defendants.
ROW 26.50.010 Definitions.
RCW 26.50.020 Commencement of action- Turisdiction-Venue.
RCW 26.50.030 Petition for an order for protection - Availability of forms and
instructional brochures -Fee-Bond not required.
RCW 26.50.040 Fees not permitted.
RCW 26.50.050 Hearing- Service-Time.
RCW 26.50.060 Relief
RCW 26.50.070 Ex parte temporary order for protection.
RCW 26.50.080 Issuance of order - Assistance of law enforcement officer -
Designation of appropriate law enforcement agency.
RCW 26.50.085 Service by publication.
RCW 26.50.090 Order - Service.
RCW 26.50.095 Order following service by publication.
RCW 26.50.100 Order - Transmittal to law enforcement agency - Record in law
enforcement information system-Enforceability.
RCW 26.50.110 Violation of order-Penalties.
RCW 26.50.115 Enforcement of ex parte order-Knowledge as prerequisite.
RCW 26.50.120 Violation of order - Prosecuting attorney or attorney for
municipality may be requested.to assist- Cost and attorney fees.
ROW 26.50.123 Service by mail.
RCW 26.50.125 Service by publication or mail - Costs.
RCW 26.50.130 Order-Modification-Immunity.
RCW 26.50.140 Law enforcement officer-Immunity.
RCW 26.50.210 Proceedings additional.
Section 27. False Representations. The.following provisions of the Revised
Code of Washington as presently constituted or hereinafter amended are adopted by
reference.
RCW 9.35.010 False representation concerning credit.
RCW 9.3 5.115 False statement by deposit account applicant
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RCW 9.38.020 False representation concerning title.
Section 28. False Swearing and. Tampering. The following provisions of the
Revised Code of Washington as presently constituted or hereinafter amended arc adopted
by reference.
RCW 9A.72.010 Definitions.
RCW 9A.72.040 False swearing.
•
RCW 9A.72.050 Perjury and false swearing - Inconsistent statements - Degree of
crime.
RCW 9A.72.060 Perjury and false swearing-Retraction.
RCW 9A.72.070 Perjury and false swearing- Irregularities no defense.
RCW 9A.72.080 Statement:of what one does not know to be true.
ROW 9A.72.140 Jury tampering.
RCW 9.A.72.150 Tampering with physical evidence.
Section 29. Fire Alarms - Crimes Relating to. The following provisions of.the
Revised Code of Washington as presently constituted or hereinafter amended.are adopted
by reference.
RCW 9.40.040 Operating engine or boiler without spark arrester. ,
ROW 9.40.100 Injuring or tampering with fire alarm. apparatus or equipment -
Sounding false fire alarm..
Section 30. Firearms. All provisions of the Revised Code of Washington,
Chapter 9.41, as presently constituted or hereinafter amended are adopted by reference.
Section 31. Flags. The following provisions of the Revised Code of
Wash'ngl:on as presently constituted or hereinafter amended are adopted by reference.
ROW 9.86.010 "Flags' defined •
RCW 9.86.020 Improper use of flag prohibited
RCW 9.86.030 Desecration of flag
RCW 9.86.040 Application of provisions
R.CW 9.86.050 Penalty
Section 32. Fraud. The following provisions of the Revised Code of
Washington as presently constituted or hereinafter amended are adopted by reference.
RCW 9.45.060 Encumbered,leased,or rented personal property- Construction.
ROW 9.45.070 Mock auctions.
RCW 9.45.080 Fraudulent removal of property.
ROW 9.45.090 Knowingly receiving fraudulent conveyance.
RC1W 9.45.100 Fraud in assignment for benefit of creditors.
RCW 9A.60.010 Definitions.
RCW 9A.60.040 Criminal impersonation.
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RCW 9A.60.050 False certification.
RCW 9A.61.010 Defrauding a public utility-Definitions.
RCW 9A.61.020 Defrauding a public utility.
RCW 9A.61.050 Defrauding a public utility in.the third degree.
RCW 9A.61.060 Restitution and costs.
RCW 9.26A.110 Fraud in obtaining telecommunications service-Penalty.
Section 33. Gambling Offenses. The following provisions of the Revised
Code of Washington as presently constituted or hereinafter amended are adopted by
reference.
ROW 9.46.1,90 Violations relating to fraud or. deceit.
RCW 9.46.193 Cities and.towns -Ordinance adopting certain sections of chapter-
Jurisdiction of courts.
RCW 9.46.195 Obstructing of public servant. Penally.
ROW 9.46.196 Cheating-Defined.
RCW 9.46.1962 Cheating- Second degree.
RCW 9.46.198 Working in gambling activity without license as violation -
Penalty.
RCW 9.46.210 Enforcement-Commission as law enforcement agency.
RCW 9.46.217 Gambling records -Penalty-Exceptions.
RCW 9.46.222 Professional gambling in the third degree.
RCW 9.46.240 Gambling information, transmitting or receiving as violation -
Penalty.
R.CW 9.46.260 Proof of possession as evidence of knowledge of its character.
Section 34. Harassment. The following provisions of the Revised Code of
Washington as presently constituted or hereinafter amended are adopted by reference.
RCW 9A.46.010 Legislative finding.
RCW 9A.46.020 Definitions-penalties.
RCW 9A.46.030 Place where committed.
RCW 9A.46.040 Court-ordered requirements upon person charged with crime -
Violation.
RCW 9A.46.050 Arraignment-No contact order.
RCW 9A.46.060 Crimes included in harassment.
RCW 9A.46.070 Enforcement of orders restricting contact.
RCW 9A.46.080 Order restricting contact-Violation.
RCW 9A.46.090 Non-liability of peace officer.
RCW 9A.46.100 "Convicted,"time when.
ROW 9A.46.110 Stalking.
RCW 9.61.230 Telephone harassment.
R.CW 9.61.240 Telephone harassment. Permitting telephone to be used.
ROW 9.61.250 Telephone harassment. Offense,where deemed committed.
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Section 35. Inhalin>tL.Toxi.c Frames. The following provisions of the Revised
Code of Washington as presently constituted or hereinafter amended are adopted by
reference.
RCW 9.47A.01 0 Definition.
RCW 9.47A.020 Unlawful inhalation-Exception.
RCW 9.47A.030 Possession of certain substances prohibited,when.
RCW 9.47A.040 Sale of certain substances prohibited, when.
R.CW 9.47A.050 Penalty.
•
Section 36. Interference with Healthcare Facilities or Providers. The following
provisions of the Revised Code of Washington as presently constituted or hereinafter
amended are adopted by reference.
RCW 9A.50.005 Finding.
•
RCW 9A.50.01.0 Definitions.
ROW 9A.50.020 Interference with healthcare facility.
RCW 9A.50.030 Penalty.
RCW 9A.50.060 Informational picketing.
Section 37. Juries - Crimes Relating to. The following provisions of the
Revised Code of Washington as presently constituted or hereinafter amended are adopted
by reference.
•
ROW 9.51.010 Misconduct of officer drawing jury.
RCW 9.51.020 Soliciting jury duty.
RCW 9.51.030 Misconduct of officer in charge of jury.
Section 38. Lasers. The following provisions of the Revised Code of
Washington as presently constituted or hereinafter amended are adopted by reference.
RCW 9A.49.001 Findings.
RCW 9A.49.01.0 Definitions.
RCW 9A.49.030 Unlawful discharge of a laser in the second degree.
RCW 9A.49.040 Civil infraction,when.
RCW 9A.49.050 Exclusions.
Section 39. Littering and Pollution. The following provisions of the Revised
Code of Washington as presently constituted or hereinafter amended are adopted by
reference.
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RCW 70.93.030 Definitions.
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RCW 70.93.060 Littering.
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Section 40. Miscellaneous Crimes. The following provisions of the Revised
Code of Washington as presently constituted or hereinafter amended are adopted by
reference.
RCW 9.91.010 Denial of civil rights -Terms defined.
RCW 9.91.025 Unlawful bus conduct.
RCW 9.91.060 Leaving children unattended in parked automobile.
RCW 9.91.110 Metal buyers -Records of purchases-Penalty.
RCW 9.91.130 Disposal of trash in charity donation receptacle.
RCW 9.02.050 Concealing birth.
Section.41. Misconduct in Signing a Petition. The following provisions of. the
Revised Code of Washington as presently constituted or hereinafter amended are adopted
by reference.
RCW 9.44.080 Misconduct in signing a petition. .
Section 42. Obstructing Governmental Operation. The following provisions of
the Revised Code of Washington as presently constituted or hereinafter amended are
adopted by reference. •
RCW 9A.76.010 Definitions.
RCW 9A.76.020 Obstructing a law enforcement officer.
RCW 9A.76.030 Refusing to summon aid for law enforcement officer. .
RCW 9A.76.040 Resisting arrest.
RCW 9A..76.050 Rendering criminal assistance. -Definition of terms.
RCW 9A.76.060 Relative defined.
RCW 9A.76.070 Rendering criminal assistance in the first degree.
RCW 9A.76.080 Rendering criminal assistance in the second degree.
RCW 9A.76.090 Rendering criminal assistance in the third degree.
RCW 9A.76.100 Compounding.
RCW 9A.76.130 Escape in the third degree.
RCW 9A.76.160 Introducing contraband in the third degree.
RCW 9A.76.170 Bail jumping.
RCW 9.62.010 Malicious prosecution.
RCW 9.62.020 Instituting suit in name of another,
Section 43. Official Misconduct. The following provisions of the Revised
Code of Washington as presently constituted or hereinafter amended are adopted by
reference.
RCW 9A.80.010 Official.misconduct.
Section 44. Prostitution. The following provisions of the Revised Code of
Washington as presently constituted or hereinafter atiienclect are adopted lby reference.
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RCW 9A.88.030 Prostitution.
RCW 9A.88.050 Prostitution—Sex of parties immaterial—No defense.
RCW 9A.88.060 Promoting Prostitution—definitions.
RCW 9A.88.090 Permitting Prostitution.
RCW 9A.88.110. Patronizing a Prostitute.
Section 45. Public Disturbance. The following provisions of the Revised Code
of Washington as presently constituted or hereinafter amended are adopted by reference.
RCW 9A.84.010 Riot.
RCW 9A.84.020 Failure to disperse.
RCW 9A.84.040 False reporting.
ROW 9.27.015 Interference, obstruction of any court building or residence -
Vio lations.
•Section 46. Public Nuisances. The following provisions of the Revised Code
of Washington as presently constituted or hereinafter amended are adopted by reference.
•
RCW 9.66.03.0 Public Nuisance.
RCW 9.66.020 Unequal damage.
RCW 9.66.030 Maintaining or permitting nuisance.
RCW 9.66.040 Abatement of nuisance.
RCW 9.66.050 Deposit of unwholesome substance.
Section 47. Reckless Burning. The following provisions of the Revised Code
of Washington as presently constituted or hereinafter amended arc adopted by reference-.
ROW 9A.48.010 Definitions.
RCW 9A.48.050 Reckless burning in the second degree.
RCW 9A.48.060 Reckless burning-Defense.
RCW 9A.48.090 Malicious mischief in the third degree.
RCW 9A.48.100 Malicious mischief- "Physical damage" defined.
Section 48. Sexual Offenses. The following provisions of the Revised Code of
Washington as presently constituted.or hereinafter amended arc adopted by reference.
RCW 9A.:44.010 Definitions.
ROW 9A.44.030 Defenses to prosecution under this chapter.
RCW 9A.44.096 Sexual.misconduct with a minor in the second degree.
ROW 9A.88.010 Indecent exposure.
RCW 9A..88.030 Prostitution.
RCW 9A.88.050 Prostitution- Sex of parties immaterial-No defense.
RCW 9A.88.090 Pennitting prostitution.
RCW 9A.88.110 Patronizing a prostitute.
ROW 9A.88.120 Additional fee assessments.
RCW 9.68.130 "Sexually explicit material" - Defined-Unlawful display.
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RCW 9.68.140 Vehicle impoundment.
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Section 49. Sexual Offenses Relative to 1vlinors. The following provisions of
the Revised Code of Washington as presently constituted or hereinafter amended are
adopted by reference.
RCW 9.68A.011 Definition.
RCW 9.68A.080 Processors of depictions of minors engaged in sexually explicit
conduct report required.
RCW 9.68A.090 Communication with a minor for immoral purposes. •
RCW 9.68A.140 Definitions.
RCW 9.68A.1.50 Allowing minor on premises of live erotic performance.
RCW 9.68A..160 Penalty.
RCW 9.69.1.00 Duty of witness of offense against child or any violent offense.
Penalty.
RCW 26.28.080 Selling or giving tobacco to minors - belief of representative
capacity,no defense. Penalty. •
Section 50. Telephone Credit Cards. The following provisions of the Revised.
Code of Washington as presently constituted or hereinafter amended are adopted by
reference.
RCW 9.26A.090 Telephone company credit cards - Publishing numbers or code.
"Publishes" defined.
RCW 9.26A.100 Definition.
RCW 9.26A.110 Fraud in obtaining telecommunications service. Penalty.
RCW 9.26A.120 Fraud in operating coin-box telephone or other receptacle.
RCW 9.26A.130 Penalty for manufacture or sale of slugs to be used for coin..
Section 51. Theft and Possession of Stolen Property. The following provisions
of the Revised Code of Washington as presently constituted or hereinafter amended are
adopted by reference.
RCW 9A.56.010 Definitions. •
RCW 9A.56.020 Theft-Definition, defense.
RCW 9A.56.050 Theft in the third degree.
RCW 9A.56.060 Unlawful issuance of checks or drafts.
RCW 9A..56.1.00 Theft and larceny equated.
RCW 9A.56.140 Possessing stolen property-Definition-Presumption.
RCW 9A.56.170 Possessing stolen property in the third degree.
RCW 9A.56.180 Obscuring identity of a machine.
RCW 9A.56.220 Theft of cable television services.
RCW 9A.56.230 Unlawful sale of cable television services.
RCW 9A.56.240 Forfeiture and.disposal of device used to commit violation.
RCW 9A.56.260 Connection of channel converter.
URCW 9A.56.270 Shopping cart thee
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Section 52. Trademarks and Other Marks. The following provisions of the
Revised Code of Washington as presently constituted or hereinafter, amended are adopted.
by reference.
RCW 9.16.030 Counterfeit mark, intellectual property.
RCW 9.16.050 When deemed affixed.
RCW 9.16.060 Fraudulent registration of trademark.
RCW 9.16.070 Form and similitude defined.
RCW 9.16.080 Sales of petroleum products improperly labeled or graded.
RCW 9.16.090 Sales of petroleum products improperly labeled or graded.
Penalty.
RCW 9.16.100 Use of words "sterling silver", etc.
RCW 9.1.6.110 Use of words "coin silver", etc.
RCW 9.16.120 Use of word"sterling" on mounting.
RCW 9.16.130 Use of the words "coin silver" on mounting.
RCW 9.16.140 Unlawfully marking article made of gold.
RCW 9.16.150 "Marked, stamped or branded", defined.
Section.53. TTGSpass and Prowling. The following provisions of the Revised
Code of Washington as presently constituted or hereinafter amended are adopted by
reference.
RCW 9A.52.010 Definitions.
RCW 9A..52.060 Making or having burglar.tools.
RCW 9A.52.070 Criminal trespass in the first degree.
RCW 9A.52.080 Criminal trespass in the second degree.
RCW 9A.52.090 Criminal trespass-Defenses.
RCW 9A.52.100 Vehicle prowling in the second degree.
RCW 9A.52.120 Computer trespass in the second degree.
RCW 9A.52.130 Computer trespass- Commission of other crime.
Section 54. Urinating in Public,. Any person who intentionally urinates or
defecates in a public place, other than a washroom or toilet room, or at a place and under
circumstances where such act could be observed by any member of the public, shall be
guilty of a civil infraction,with the:fine not to exceed One Hundred Dollars ($100.00)for
a first offense. For as second and subsequent offenses, the person shall be guilty of a
misdemeanor.
•
Section 55. Vehicles Resembling Police or Fire Vehicles. Any person who
operates a motor vehicle pained and exhibiting decals, numbers, name or insignia that
simulate a city or county law enforcement or fire department vehicle, or official city
vehicle,without prior written authorization from the police chief,fire chief, city manager,
Spokane County Sheriffs Department, or their designees,is guilty of a misdemeanor.
Li
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Section 56. Violating Right of Pri.vacy_. The follmving provisions of. the
Revised Code of Washington as presently constituted or hereinafter amended are adopted.
by reference.
RCW 9.73.020 Opening sealed letter.
Section 57. Regulation of Activities — State Penal Laws. The City shall
observe and enforce the provisions of State law as enacted and amended by the State
Legislature with all State law regulating local conduct, location and limitation on
activities, to the extent not identified above or subsequently enacted. by the. State
Legislature, deemed incorporated by reference as if fully set forth herein.
Section 58. Severability. Should any section, paragraph, sentence, clause or
phrase of this ordinance, or its application to any person or circumstance, be declared
unconstitutional or otherwise invalid for any reason or should any portion of this
ordinance be preempted by state or, federal law or regulation, such decision or preemption
shall not affect the validity of the remaining portions of this ordinance or its application
to other persons or circumstances.
Section 59. Copies to be Available. A copy of each portion of the Revised.
Code of Washington adopted by reference shall be authenticated and recorded by the City
Clerk and not less than one (1) copy thereof shall be available in.the office of the City
Clerk for use and examination by the public.
Section 60. Certified Copies to be Furnished to Court. The City Clerk is
directed to provide at city expense to the Court Administrator of the Spokane County
District Court adequate numbers of certified copies of this Ordinance to permit effective
enforcement of this Ordinance.
Section 61. Effective Date and Publication. A summary of this Ordinance
consisting of its title shall be published in the official.newspaper of the City of Spokane
Valley. This Ordinance shall take effect and'be in full force on March 31, 2003 at 12:01
am. //
PASSED BY THE Ci TY COUNCIL ON P ,h ,2003.
Mayor Mike DeV1e ing
Ruth Muller,
Interim City Clerk
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APPROVE])AS TO FORM:
le, chw: r 111,
Jntenm City Attorn
Date of Publication: /4ive.c.4
Effective Date: March 31,2003
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RCW 9A.04.050
People capable of committing crimes -- Capability of children.
Children under the age of eight years are incapable of committing crime. Children of eight
and under twelve years of age are presumed to be incapable of committing crime, but this
presumption may be removed by proof that they have sufficient capacity to understand the
act or neglect, and to know that it was wrong. Whenever in legal proceedings it becomes
necessary to determine the age of a child, he may be produced for inspection, to enable the
court or jury to determine the age thereby; and the court may also direct his examination
by one or more physicians, whose opinion shall be competent evidence upon the question
of his age.
[1975 1st ex.s.e 260§9A.04.0501
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RCW 9A.04.060
Common law to supplement statute.
The provisions of the common law relating to the commission of crime and the
punishment thereof, insofar as not inconsistent with the Constitution and statutes of this
state, shall supplement all penal statutes of this state and all persons offending against the
same shall be tried in the courts of this state having jurisdiction of the offense.
[1975 1st ex.s.c 260 §9A.04.060.]
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RCW 9A.04.070
Who amenable to criminal statutes.
Every person, regardless of whether or not he is an inhabitant of this state, may be tried
and punished under the laws of this state for an offense committed by him therein, except
when such offense is cognizable exclusively in the courts of the United States.
[1975 1st ex.s.c 260§9A.04.070.1
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RCW 9A.04.090
„
Application of general provisions of the code.
The provisions of chapters 9A.04 through 9A.28 RCW of this title are applicable to
offenses defined by this title or another statute, unless this title or such other statute
specifically provides otherwise.
[1975 1st ex.s.c 260§9A.04.090.]
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RCW 9A.04.i1.0
Definitions.
In this title unless a different meaning plainly is required:
(1) "Acted" includes, where relevant, omitted to act;
(2) "Actor" includes, where relevant, a person failing to act;
(3) "Benefit" is any gain or advantage to the beneficiary, including any gain or
advantage to a third person pursuant to the desire or consent of the beneficiary;
(4)(a) "Bodily injury," "physical injury," or "bodily harm" means physical pain or
injury, illness, or an impairment of physical condition;
(b) "Substantial bodily harm" means bodily injury which involves a temporary but
substantial disfigurement, or which causes a temporary but substantial loss or impairment
of the function of any bodily part or organ, or which causes a fracture of any bodily part;
(c) "Great bodily harm" means bodily injury which creates a probability of death, or
which causes significant serious permanent disfigurement, or which causes a significant
permanent loss or impairment of the function of any bodily part or organ;
(5) "Building", in addition to its ordinary meaning, includes any dwelling, fenced area,
vehicle, railway car, cargo container, or any other structure used for lodging of persons or
for carrying on business therein, or for the use, sale or deposit of goods; each unit of a
building consisting of two or more units separately secured or occupied is a separate
building;
(6) "Deadly weapon" means any explosive or loaded or unloaded firearm, and shall
include any other weapon, device, instrument, article, or substance, including a "vehicle"
as defined in this section, which, under the circumstances in which it is used, attempted to
be used, or threatened to be used, is readily capable of causing death or substantial bodily
harm;
(7) "Dwelling" means any building or structure, though movable or temporary, or a
portion thereof, which is used or ordinarily used by a person for lodging;
(8) "Government" includes any branch, subdivision, or agency of the government of
this state and any county, city, district, or other local governmental unit;
(9) "Governmental function" includes any activity which a public servant is legally
authorized or permitted to undertake on behalf of a government;
•
(10) "Indicted" and "indictment" include "informed against" and "information", and
"informed against" and "information" include "indicted" and "indictment";
(11) "Judge" includes every judicial officer authorized alone or with others, to hold or
preside over a court;
(12) "Malice" and "maliciously" shall import an evil intent, wish, or design to vex,
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annoy, or injure another person. Malice may be inferred from an act done in wilful
disregard of the rights of another, or an act wrongfully done without just cause or excuse,
or an act or omission of duty betraying a wilful disregard of social duty;
(13) "Officer" and "public officer" means a person holding office under a city, county,
or state government, or the federal government who performs a public function and in so
doing is vested with the exercise of some sovereign power of government, and includes all
assistants, deputies, clerks, and employees of any public officer and all persons lawfully
exercising or assuming to exercise any of the powers or functions of a public officer;
(14) "Omission" means a failure to act;
(15) "Peace officer" means a duly appointed city, county, or state law enforcement
officer;
(16) "Pecuniary benefit" means any gain or advantage in the form of money, property,
commercial interest, or anything else the primary significance of which is economic gain;
(17) "Person", "he", and "actor" include any natural person and, where relevant, a
corporation,joint stock association, or an unincorporated association;
(18) "Place of work" includes but is not limited to all the lands and other real property
of a farm or ranch in the case of an actor who owns, operates, or is employed to work on
such a farm or ranch;
(19) "Prison" means any place designated by law for the keeping of persons held in
custody under process of law, or under lawful arrest, including but not limited to any state
correctional institution or any county or city jail;
(20) "Prisoner" includes any person held in custody under process of law, or under
lawful arrest;
(21) "Property" means anything of value, whether tangible or intangible, real or
personal;
(22) "Public servant" means any person other than a witness who presently occupies the
position of or has been elected, appointed, or designated to become any officer or
employee of government, including a legislator,judge,judicial officer,juror, and any
person participating as an advisor, consultant, or otherwise in performing a governmental
function;
(23) "Signature" includes any memorandum, mark, or sign made with intent to
authenticate any instrument or writing, or the subscription of any person thereto;
(24) "Statute" means the Constitution or an act of the legislature or initiative or
referendum of this state;
(25) "Threat" means to communicate, directly or indirectly the intent:
(a) To cause bodily injury in the future to the person threatened or to any other person;
or
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(b)To cause physical damage to the property of a person other than the actor; or
\�f (c) To subject the person threatened or any other person to physical confinement or
restraint; or
(d) To accuse any person of a crime or cause criminal charges to be instituted against
any person; or
(e) To expose a secret or publicize an asserted fact, whether true or false, tending to
subject any person to hatred, contempt, or ridicule; or
(f) To reveal any information sought to be concealed by the person threatened; or
(g) To testify or provide information or withhold testimony or information with respect
to another's legal claim or defense; or
(h) To take wrongful action as an official against anyone or anything, or wrongfully
withhold official action, or cause such action or withholding; or
(i) To bring about or continue a strike, boycott, or other similar collective action to
obtain property which is not demanded or received for the benefit of the group which the
actor purports to represent; or
(j) To do any other act which is intended to harm substantially the person threatened or
another with respect to his health, safety, business, financial condition, or personal
`__- relationships;
(26) "Vehicle" means a "motor vehicle" as defined in the vehicle and traffic laws, any
aircraft, or any vessel equipped for propulsion by mechanical means or by sail;
(27) Words in the present tense shall include the future tense; and in the masculine shall
include the feminine and neuter genders; and iii the singular shall include the plural; and in
the plural shall include the singular.
[1988 c 158 S 1; 1987 c 324 § I; 1986 c 257 § 3; 1975 1st ex.s.c 260 §9A.04.110.1
NOTES:
Effective date -- 1988 c 158: "This act shall take effect July 1, 1988." [1988 c 158 § 4.]
Effective date -- 1987 c 324: "Section 3 of this act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state government
and its existing public institutions, and shall take effect immediately. The remainder of this
act shall take effect July 1, 1988." [1987 c 324 § 4.]
Effective date-- 1986 c 257 §§ 3-10: "Sections 3 through 10 of this act shall take
effect on July 1, 1988." [1987 c 324 § 3; 1986 c 257 § 12.]
Severability -- 1986 c 257: See note following RCW 9A.56.010.
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RCW 9.01.055
Citizen immunity if aiding officer, scope-- When.
Private citizens aiding a police officer, or other officers of the law in the performance of
their duties as police officers or officers of the law, shall have the same civil and criminal
immunity as such officer, as a result of any act or commission for aiding or attempting to
aid a police officer or other officer of the law, when such officer is in imminent danger of
loss of life or grave bodily injury or when such officer requests such assistance and when
such action was taken under emergency conditions and in good faith.
[1969c37 § I.]
NOTES:
Persons rendering emergency care or transportation-- Immunity from liability: RCW
4.24.300.
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RCW 9.01.110
�, Omission,when not punishable.
No person shall be punished for an omission to perform an act when such act has been
performed by another acting in his behalf, and competent to perform it.
•
[1909 c 249 §23; RRS §22751
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RCW 9.01.130
.- Sending letter,when complete.
Whenever any statute makes the sending of a letter criminal, the offense shall be deemed
complete from the time it is deposited in any post office or other place, or delivered to any
person, with intent that it shall be forwarded; and the sender may be proceeded against in
the county wherein it was so deposited or delivered, or in which it was received by the
person to whom it was addressed.
[1909 c 249 C 22; RRS §22741
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Chapter 9A.08 RCW
PRINCIPLES OF LIABILITY
RCW SECTIONS
9A;08.O10 General requirements of culpability.
9A.08.020 Liability for conduct of another -- Complicity.
9A.08.03Q Corporate and personal liability.
RCW 9A.08.010
General requirements of culpability.
(1) Kinds of Culpability Defined.
(a) INTENT. A person acts with intent or intentionally when he acts with the objective or purpose to
accomplish a result which constitutes a crime.
(b)KNOWLEDGE. A person knows or acts knowingly or with knowledge when:
(i) he is aware of a fact, facts, or circumstances or result described by a statute defining an offense; or
(ii) he has information which would lead a reasonable man in the same situation to believe that facts
exist which facts are described by a statute defining an offense.
(c) RECKLESSNESS. A person is reckless or acts recklessly when he knows of and disregards a
substantial risk that a wrongful act may occur and his disregard of such substantial risk is a gross
deviation from conduct that a reasonable man would exercise in the same situation.
(d) CRIMINAL NEGLIGENCE. A person is criminally negligent or acts with criminal negligence
when he fails to be aware of a substantial risk that a wrongful act may occur and his failure to be aware
of such substantial risk constitutes a gross deviation from the standard of care that a reasonable man
would exercise in the same situation.
(2) Substitutes for Criminal Negligence, Recklessness, and Knowledge. When a statute provides that
criminal negligence suffices to establish an element of an offense, such element also is established if a
person acts intentionally, knowingly, or recklessly. When recklessness suffices to establish an clement,
such element also is established if a person acts intentionally or knowingly. When acting knowingly
suffices to establish an element, such element also is established if a person acts intentionally.
(3) Culpability as Determinant of Grade of Offense. When the grade or degree of an offense depends
on whether the offense is committed intentionally, knowingly, recklessly, or with criminal negligence,
its grade or degree shall be the lowest for which the determinative kind of culpability is established with
respect to any material element of the offense.
(4) Requirement of Wilfulness Satisfied by Acting Knowingly. A requirement that an offense be
committed wilfully is satisfied if a person acts knowingly with respect to the material elements of the
offense, unless a purpose to impose further requirements plainly appears.
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RCW 9A. 08 CHAPTER Page 2 of 4
[1975 1st ex.s.c.260 §9A.08.01 .]
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RCW 9A.08.020
Liability, for conduct of another -- Complicity.
(1) A person is guilty of a crime if it is committed by the conduct of another person for which he is
legally accountable.
(2) A person is legally accountable for the conduct of another person when: •
(a) Acting with the kind of culpability that is sufficient for the commission of the crime, he causes an
innocent or irresponsible person to engage in such conduct; or
(b) He is made accountable for the conduct of such other person by this title or by the law defining
the crime; or
(c) He is an accomplice of such other person in the commission of the crime.
(3) A person is an accomplice of another person in the commission of a crime if:
(a) With knowledge that it will promote or facilitate the commission of the crime, he
(i) solicits, commands, encourages, or requests such other person to commit it; or
(ii) aids or agrees to aid such other person in planning or committing it; or
(b) His conduct is expressly declared by law to establish his complicity.
(4) A person who is legally incapable of committing a particular crime himself may be guilty thereof
if it is committed by the conduct of another person for which he is legally accountable, unless such
liability is inconsistent with the purpose of the provision establishing his incapacity.
(5) Unless otherwise provided by this title or by the law defining the crime, a person is not an
accomplice in a crime committed by another person if:
(a) He is a victim of that crime; or
(b) He terminates his complicity prior to the commission of the crime, and either gives timely
warning to the law enforcement authorities or otherwise makes a good faith effort to prevent the
commission of the crime.
(6) A person legally accountable for the conduct of another person may be convicted on proof of the
commission of the crime and of his complicity therein, though the person claimed to have committed the
crime has not been prosecuted or convicted or has been convicted of a different crime or degree of crime
or has an immunity to prosecution or conviction or has been acquitted.
[1975-76 2nd ex.s.c 38 § 1; 1975 1st ex.s.e 260 § 9A.08.020.l
NOTES:
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RCW 9A. 08 CHAPTER Page 3 of 4
Effective date -- 1975-'76 2nd ex.s. c 38: "This 1976 amendatory act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state government and its existing
public institutions, and shall take effect on July 1, 1976." [1975-'76 2nd ex.s. c 38 § 21.]
Severability -- 1975-'76 2nd ex.s. c 38: "If any provision of this 1976 amendatory 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." [1975-'76 2nd ex.s. c 38 § 20.]
RCW 9A.08.030
Corporate and personal liability.
(1) As used in this section:
(a) "Agent" means any director, officer, or employee of a corporation, or any other person who is
authorized to act on behalf of the corporation;
(b) "Corporation" includes a joint stock association;
(c) "High managerial agent" means an officer or director of a corporation or any other agent in a
position of comparable authority with respect to the formulation of corporate policy or the supervision in
a managerial capacity of subordinate employees.
(2) A corporation is guilty of an offense when:
(a) The conduct constituting the offense consists of an omission to discharge a specific duty of
performance imposed on corporations by law; or
(b) The conduct constituting the offense is engaged in, authorized, solicited, requested, commanded,
or tolerated by the board of directors or by a high managerial agent acting within the scope of his
employment and on behalf of the corporation; or
(c) The conduct constituting the offense is engaged in by an agent of the corporation, other than a
high managerial agent, while acting within the scope of his employment and in behalf of the corporation
and (i) the offense is a gross misdemeanor or misdemeanor, or (ii) the offense is one defined by a statute
which clearly indicates a legislative intent to impose such criminal liability on a corporation.
(3) A person is criminally liable for conduct constituting an offense which he performs or causes to
be performed in the name of or on behalf of a corporation to the same extent as if such conduct were
performed in his own name or behalf.
(4) Whenever a duty to act is imposed by law upon a corporation, any agent of the corporation who
knows he has or shares primary responsibility for the discharge of the duty is criminally liable for a
reckless or, if a high managerial agent, criminally negligent omission to perform the required act to the
same extent as if the duty were by law imposed directly upon such agent.
(5) Every corporation, whether foreign or domestic, which shall violate any provision of RCW
9A.28.040, shall forfeit every right and franchise to do business in this state. The attorney general shall
begin and conduct all actions and proceedings necessary to enforce the provisions of this subsection.
[1975 1st cx.s.c 260 §9A.08.03Q.]
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RCW 9A.12.O10
Insanity.
To establish the defense of insanity, it must be shown that:
(1) At the time of the commission of the offense, as a result of mental disease or defect,
the mind of the actor was affected to such an extent that:
(a) He was unable to perceive the nature and quality of the act with which he is
charged; or
(b) He was unable to tell right from wrong with reference to the particular act charged.
(2) The defense of insanity must be established by a preponderance of the evidence.
[1975 1st cx.s. c 260 § 9A.12.010.J
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RCW 9A.16.010
Definitions.
In this chapter, unless a different meaning is plainly required:
(1) "Necessary" means that no reasonably effective alternative to the use of force
appeared to exist and that the amount of force used was reasonable to effect the lawful
purpose intended.
(2) "Deadly force" means the intentional application of force through the use of
firearms or any other means reasonably likely to cause death or serious physical injury.
[1986 c 209§ 1; 1975 1st ex.s.c 260 §9A.16.010.1
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RCW 9A.16.020
Use of force -- When lawful.
The use, attempt, or offer to use force upon or toward the person of another is not unlawful
in the following cases:
(1) Whenever necessarily used by a public officer in the performance of a legal duty, or
a person assisting the officer and acting under the officer's direction;
(2) Whenever necessarily used by a person arresting one who has committed a felony
and delivering him or her to a public officer competent to receive him or her into custody;
(3) Whenever used by a party about to be injured, or by another lawfully aiding him or
her, in preventing or attempting to prevent an offense against his or her person, or a
malicious trespass, or other malicious interference with real or personal property lawfully
in his or her possession, in case the force is not more than is necessary;
(4) Whenever reasonably used by a person to detain someone who enters or remains
unlawfully in a building or on real property lawfully in the possession of such person,so
long as such detention is reasonable in duration and manner to investigate the reason for
the detained person's presence on the premises, and so long as the premises in question did
not reasonably appear to be intended to be open to members of the public;
(5) Whenever used by a carrier of passengers or the carrier's authorized agent or
servant, or other person assisting them at their request in expelling from a carriage, railway
car, vessel, or other vehicle, a passenger who refuses to obey a lawful and reasonable
regulation prescribed for the conduct of passengers, if such vehicle has first been stopped
and the force used is not more than is necessary to expel the offender with reasonable
regard to the offender's personal safety;
(6) Whenever used by any person to prevent a mentally ill, mentally incompetent, or
mentally disabled person from committing an act dangerous to any person, or in enforcing
necessary restraint for the protection or restoration to health of the person, during such
period only as is necessau to obtain legal authority for the restraint or custody of the
person.
[1986 c 149 §2; 1979 cx.s.c 244 §7; 1977 cx.s. c 80 § 13; 1975 1st ex.s.c 260 § 9A.16.020.]
NOTES:
Effective date -- 1979 ex.s. c 244: See RCW 9A.44.902.
Purpose --intent --Severability -- 1977 cx.s. c 80: See notes following RCW
4.16.190.
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RCW 9A.16.040
Justifiable homicide or use of deadly force by public officer, peace officer, person
aiding.
(1)Homicide or the use of deadly force is justifiable in the following cases:
(a) When a public officer is acting in obedience to the judgment of a competent court;
or
(b) When necessarily used by a peace officer to overcome actual resistance to the
execution of the legal process, mandate, or order of a court or officer, or in the discharge
of a legal duty.
(c) When necessarily used by a peace officer or person acting under the officer's
command and in the officer's aid:
(i) To arrest or apprehend a person who the officer reasonably believes has committed,
has attempted to commit, is committing, or is attempting to commit a felony;
(ii) To prevent the escape of a person from a federal or state correctional facility or in
retaking a person who escapes from such a facility; or
(iii) To prevent the escape of a person from a county or city jail or holding facility if the
person has been arrested for, charged with, or convicted of a felony; or
(iv) To lawfully suppress a riot if the actor or another participant is armed with a deadly
weapon.
(2) In considering whether to use deadly force under subsection (1)(c) of this section, to
arrest or apprehend any person for the commission of any crime, the peace officer must
have probable cause to believe that the suspect, if not apprehended, poses a threat of
serious physical harm to the officer or a threat of serious physical harm to others. Among
the circumstances which may be considered by peace officers as a "threat of serious
physical harm" are the following:
(a) The suspect threatens a peace officer with a weapon or displays a weapon in a
manner that could reasonably be construed as threatening; or
(b)There is probable cause to believe that the suspect has committed any crime
involving the infiction or threatened infliction of serious physical harm.
Under these circumstances deadly force may also be used if necessary to prevent escape
from the officer, where, if feasible, some warning is given.
(3) A public officer or peace officer shall not be held criminally liable for using deadly
force without malice and with a good faith belief that such act is justifiable pursuant to this
section.
(4) This section shall not be construed as:
(a) Affecting the permissible use of force by a person acting under the authority of
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RCW 9A.16.020 or 9A.16.050; or
(b) Preventing a law enforcement agency from adopting standards pertaining to its use
of deadly force that are more restrictive than this section.
[1986 c 209 §2; 1975 1st ex.s.c 260 § 9A.16.040.}
NOTES:
Legislative recognition: "The legislature recognizes that RCW 9A.16.040 establishes a
dual standard with respect to the use of deadly force by peace officers and private citizens,
and further recognizes that private citizens' permissible use of deadly force under the
authority of RCW 9.01.200, 9A.16.020, or 9A.16.050 is not restricted and remains broader
than the limitations imposed on peace officers." [1986 c 209 § 3]
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RCW 9A.16.060
`. . Duress.
(1) In any prosecution for a crime, it is a defense that:
(a) The actor participated in the crime under compulsion by another who by threat or
use of force created an apprehension in the mind of the actor that in case of refusal he or
she or another would be liable to immediate death or immediate grievous bodily injury;
and
(b) That such apprehension was reasonable upon the part of the actor; and
(c) That the actor would not have participated in the crime except for the duress
involved.
(2) The defense of duress is not available if the crime charged is murder, manslaughter,
or homicide by abuse.
(3) The defense of duress is not available if the actor intentionally or recklessly places
himself or herself in a situation in which it is probable that he or she will be subject to
duress.
(4) The defense of duress is not established solely by a showing that a married person
acted on the command of his or her spouse.
1� f
[1999 c 60 § 1; 1975 1st ex.s.c 260 § 9A.16.0601
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RCW 9A.16.070
Entrapment.
(1) In any prosecution for a crime, it is a defense that:
(a) The criminal design originated in the mind of law enforcement officials, or any
person acting under their direction, and
(b) The actor was lured or induced to commit a crime which the actor had not otherwise
intended to commit.
(2) The defense of entrapment is not established by a showing only that law
enforcement officials merely afforded the actor an opportunity to conunit a crime.
[1975 1st ex.s. c 260 §9A.16.070.1
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RCW 9A.16.080
Action for being detained on mercantile establishment premises for investigation --
"Reasonable grounds" as defense.
_11
In any criminal action brought by reason of any person having been detained on or in the
immediate vicinity of the premises of a mercantile establishment for the purpose of
investigation or questioning as to the ownership of any merchandise, it shall be a defense
of such action 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. As used in this section, "reasonable grounds" shall
include, but not be limited to, knowledge that a person has concealed possession of
unpurchased merchandise of a mercantile establishment, and a "reasonable time" shall
mean 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.
[1975 1st ex.s. c 260§ 9A.1 6.080.]
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RCW 9A.16.090
- Intoxication.
No act committed by a person while in a state of voluntary intoxication shall be deemed
less criminal by reason of his condition, but whenever the actual existence of any
particular mental state is a necessary element to constitute a particular species or degree of
crime, the fact of his intoxication may be taken into consideration in determining such
mental state.
[1975 1st ex.s. c 260 § 9A.16.090.i
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RCW 9A.16.100
Use of force on children -- Policy -- Actions presumed unreasonable.
It is the policy of this state to protect children from assault and abuse and to encourage
parents, teachers, and their authorized agents to use methods of correction and restraint of
children that are not dangerous to the children. However, the physical discipline of a child
is not unlawful when it is reasonable and moderate and is inflicted by a parent, teacher, or
guardian for purposes of restraining or correcting the child. Any use of force on a child by
any other person is unlawful unless it is reasonable and moderate and is authorized in
advance by the child's parent or guardian for purposes of restraining or correcting the
child.
The following actions are presumed unreasonable when used to correct or restrain a
child: (1) Throwing, kicking, burning, or cutting a child; (2) striking a child with a closed
fist; (3) shaking a child under age three; (4) interfering with a child's breathing; (5)
threatening a child with a deadly weapon; or(6) doing any other act that is likely to cause
and which does cause bodily harm greater than transient pain or minor temporary marks.
The age, size, and condition of the child and the location of the injury shall be considered
when determining whether the bodily harm is reasonable or moderate. This list is
illustrative of unreasonable actions and is not intended to be exclusive.
[1986c 149 § I.]
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RCW 9A.16.1.1.0
Defending against violent crime --Reimbursement.
(I)No person in the state shall be placed in legal jeopardy of any kind whatsoever for
protecting by any reasonable means necessary, himself or herself, his or her family, or his
or her real or personal property, or for coming to the aid of another who is in imminent
danger of or the victim of assault, robbery, kidnapping, arson, burglary, rape, murder, or
any other violent crime as defined in RCW 9.94A.030.
(2) When a person charged with a crime listed in subsection (1) of this section is found
not guilty by reason of self-defense, the state of Washington shall reimburse the defendant
for all reasonable costs, including loss of time, legal fees incurred, and other expenses
involved in his or her defense. This reimbursement is not an independent cause of action.
To award these reasonable costs the trier of fact must find that the defendant's claim of
self-defense was sustained by a preponderance of the evidence. If the trier of fact makes a
determination of self-defense, the judge shall determine the amount of the award.
(3)Notwithstanding a finding that a defendant's actions were justified by self-defense,
if the trier of.fact also determines that the defendant was engaged in criminal conduct
substantially related to the events giving rise to the charges filed against the defendant the
judge may deny or reduce the amount of the award. In determining the amount of the
award, the judge shall also consider the seriousness of the initial criminal conduct.
Nothing in this section precludes the legislature from using the sundry claims process
_„; to grant an award where none was granted under this section or to grant a higher award
than one granted under this section.
(4) Whenever the issue of self-defense under this section is decided by a judge, the
judge shall consider the same questions as must be answered in the special verdict under
subsection (4) [(5)] of this section.
(5) Whenever the issue of self-defense under this section has been submitted to a jury,
and the jury has found the defendant not guilty, the court shall instruct the jury to return a
special verdict in substantially the following form:
answer yes or
no
I. Was the finding of not guilty based upon self-
dcferse?
2. If your answer to question 1 is no,do not
answer the remaining question,
3. If your answer to question 1 is yes,was the
defendant;
a. Protecting himself or herself?
b. Protecting his or her family?
c. Protecting his or her property?
d. Coming to the aid of another who was in
imminent danger of a heinous crime?
c. Coming to the aid of another who was the
victim of a heinous crime?
f. Engaged in criminal conduct substantially
related to the events giving rise to the crime
with which the defendant is charged?
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[1995 c 44 § 1; 1989 c 94 § l; 1977 ex.s.c 206 §8. Formerly RCW 9.01 200.]
NOTES:
Use of deadly force -- Legislative, recognition: See note following RCW 9A.16.040.
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RCW 9A.28.020
Criminal attempt.
- (1) A person is guilty of an attempt to commit a crime if, with intent to commit a specific
crime, he or she does any act which is a substantial step toward the commission of that
crime.
(2) If the conduct in which a person engages otherwise constitutes an attempt to commit
a crime, it is no defense to a prosecution of such attempt that the crime charged to have
been attempted was, under the attendant circumstances, factually or legally impossible of
commission.
(3) An attempt to commit a crime is a:
(a) Class A felony when the crime attempted is murder in the first degree, murder in the
second degree, arson in the first degree, child molestation in the first degree, indecent
liberties by forcible compulsion, rape in the first degree, rape in the second degree, rape of
a child in the first degree, or rape of a child in the second degree;
(b) Class B felony when the crime attempted is a class A felony other than an offense
listed in(a) of this subsection;
(c) Class C felony when the crime attempted is a class B felony;
(d) Gross misdemeanor when the crime attempted is a class C felony;
(e) Misdemeanor when the crime attempted is a gross misdemeanor or misdemeanor.
[2001 2nd sp.s.c 12 § 354; 1994 c 271 § 1 0 1; 1981 c 203 § 3; 1975 1 st ex.s.c 260§ 9A.28.020.1
NOTES:
intent-- Severability--Effective dates -- 2001 2nd sp.s. c 12: See notes following
RCW 71.09.250.
Application -- 2001 2nd sp.s. c 12 §§ 301-363: See note following RCW 9.94A.030.
Purpose-- 1994 c 271: "The purpose of chapter 271, Laws of 1994 is to make certain
technical corrections and correct oversights discovered only after unanticipated
circumstances have arisen. These changes are necessary to give full expression to the
original intent of the legislature." [1994 c 271 § 1.]
Severability-- 1994 c 271: "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." [1994 c 271 § 1103.]
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RCW 9A.28.030
Criminal solicitation.
(1) A person is guilty of criminal solicitation when, with intent to promote or facilitate the
commission of a crime, he offers to give or gives money or other thing of value to another
to engage in specific conduct which would constitute such crime or which would establish
complicity of such other person in its commission or attempted commission had such
crime been attempted or committed.
(2) Criminal solicitation shall be punished in the same manner as criminal attempt
under RCW 9A.28.020.
[1975 1st ex.s.c 260§9A28.030.1
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14CW 9A.28.040
Criminal conspiracy.
(1) A person is guilty of criminal conspiracy when, with intent that conduct constituting a
crime be performed, he or she agrees with one or more persons to engage in or cause the
performance of such conduct, and any one of them takes a substantial step in pursuance of
such agreement.
(2) It shall not be a defense to criminal conspiracy that the person or persons with
whom the accused is alleged to have conspired:
(a) Has not been prosecuted or convicted; or
(b) Has been convicted of a different offense; or
(c) Is not amenable to justice; or
(d) Has been acquitted; or
(e) Lacked the capacity to commit an offense; or
(t) Is a law enforcement officer or other government agent who did not intend that a
crime be committed.
(3) Criminal conspiracy is a:
(a) Class A felony when an object of the conspiratorial agreement is murder in the first
degree;
(b) Class B felony when an object of the conspiratorial agreement is a class A felony
other than murder in the first degree;
(c) Class C felony when an object of the conspiratorial agreement is a class B felony;
(d) Gross misdemeanor when an object of the conspiratorial agreement is a class C
felony;
(e) Misdemeanor when an object of the conspiratorial agreement is a gross
misdemeanor or misdemeanor.
[1997 c 17 § 1; 1975 1st ex.s.c 260 § 9A.28.040.11
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RCW 9.03.010
Abandoning, discarding refrigeration equipment.
Any person who discards or abandons or leaves in any place accessible to children any
refrigerator, icebox, or deep freeze locker having a capacity of one and one-half cubic feet
or more, which is no longer in use, and which has not had the door removed or a portion of
the latch mechanism removed to prevent latching or locking of the door, is guilty of a
misdemeanor.
[1955 a 298 § 1.]
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RCW 9.03.020
Permitting unused equipment to remain on premises.
Any owner, lessee, or manager who knowingly permits such an unused refrigerator,
icebox, or deep freeze locker to remain on the premises under his control without having
the door removed or a portion of the latch mechanism removed to prevent latching or
locking of the door is guilty of a misdemeanor.
[1955 c 298 §2.]
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RCW 9.03.040
Keeping or storing equipment for sale.
Any person who keeps or stores refrigerators, iceboxes, or deep freeze lockers for the
purpose of selling or offering them for sale shall not be guilty of a violation of this chapter
if he takes reasonable precautions to effectively secure the door of any refrigerator, icebox,
or deep freeze locker held for purpose of sale so as to prevent entrance of children small
enough to fit into such articles.
[1955 c 298 §4.]
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RCW 9.04.010
False advertising.
Any person, firm, corporation or association who, with intent to sell or in any wise dispose
of merchandise, securities, service, or anything offered by such person, firm, corporation
or association, directly or indirectly, to the public for sale or distribution, or with intent to
increase the consumption thereof, or to induce the public in any manner to enter into any
obligation relating thereto, or to acquire title thereto, or an interest therein, makes,
publishes, disseminates, circulates, or places before the public, or causes, directly or
indirectly, to be made, published, disseminated, circulated, or placed before the public in
this state, in a newspaper or other publication, or in the form of a book, notice, hand-bill,
poster, bill, circular,pamphlet, or letter, or in any other way, an advertisement of any sort
regarding merchandise, securities, service, or anything so offered to the public, which
advertisement contains any assertion, representation or statement of fact which is untrue,
deceptive or misleading, shall be guilty of a misdemeanor: PROVIDED,That the
provisions of this section shall not apply to any owner, publisher, agent, or employee of a
newspaper for the publication of such advertisement published in good faith and without
knowledge of the falsity thereof.
[1913 c 34 § I;R.RS §2522-1.]
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RCW 9.04.090
Advertising fuel prices by service stations.
it is unlawful for any dealer or service station, as both are defined in *RCW 82.36.010, to
advertise by publication, dissemination, display, or whatever means:
(1) A price per unit of fuel that is expressed in a unit of measurement different from
that employed by the pump or other device used to dispense the fuel, unless the price is
advertised for both units of measurement in the same fashion; or
(2) A price per unit of fuel that is conditioned upon the purchase of another product,
unless the conditional language, name, and price of the other product are clearly expressed
in the advertisement in characters at least one-half the height of the characters used to
advertise the fuel price.
Violation of this section is a misdemeanor and is subject to the provisions of RCW
9.04.060 through 9.04.080.
[1983 c 114 § I]
NOTES:
*Reviser's note: RCW 82.36.010 was amended by 1998 c 176 § 6, deleting the
definition of"service station."
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RCW 66.04.010
Definitions.
*** CHANGE iN 2004 *** (SEE 6655-S.SL) ***
In this title, unless the context otherwise requires:
(1) "Alcohol" is that substance known as ethyl alcohol, hydrated oxide of ethyl, or spirit
of wine, which is commonly produced by the fermentation or distillation of grain, starch,
molasses, or sugar, or other substances including all dilutions and mixtures of this
substance. The term "alcohol" does not include alcohol in the possession of a manufacturer
or distiller of alcohol fuel, as described in RCW 66.12.130, which is intended to be
denatured and used as a fuel for use in motor vehicles, farm implements, and machines or
implements of husbandry.
(2) "Beer" means any malt beverage or malt liquor as these terms are defined in this
chapter.
(3) "Beer distributor" means a person who buys beer from a brewer or brewery located
either within or beyond the boundaries of the state, beer importers, or foreign produced
beer from a source outside the state of Washington, for the purpose of selling the same
pursuant to this title, or who represents such brewer or brewery as agent.
(4) "Beer importer" means a person or business within Washington who purchases beer
,r from a United States brewery holding a certificate of approval (B5) or foreign produced
beer from a source outside the state of Washington for the purpose of selling the same
pursuant to this title.
(5) "Brewer" means any person engaged in the business of manufacturing beer and malt
liquor. Brewer includes a brand owner of malt beverages who holds a brewer's notice with
the federal bureau of alcohol, tobacco, and firearms at a location outside the state and
whose malt beverage is contract-produced by a licensed in-state brewery, and who may
exercise within the state, under a domestic brewery license, only the privileges of storing,
selling to licensed beer distributors, and exporting beer from the state.
(6) "Board" means the liquor control board, constituted under this title.
(7) "Club" means an organization of persons, incorporated or unincorporated, operated
solely for fraternal, benevolent, educational, athletic or social purposes, and not for
pecuniary gain.
(8) "Consume" includes the putting of liquor to any use, whether by drinking or
otherwise.
(9) "Dentist" means a practitioner of dentistry duly and regularly licensed and engaged
in the practice of his profession within the state pursuant to chapter 18.32 RCW.
(10) "Distiller" means a person engaged in the business of distilling spirits.
(11) "Domestic brewery" means a place where beer and malt liquor are manufactured
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or produced by a brewer within the state.
,
(12) "Domestic winery" means a place where wines are manufactured or produced
within the state of Washington.
(13) "Druggist" means any person who holds a valid certificate and is a registered
pharmacist and is duly and regularly engaged in carrying on the business of
pharmaceutical chemistry pursuant to chapter 18.64 RCW.
(14) "Drug store" means a place whose principal business is, the sale of drugs,
medicines and pharmaceutical preparations and maintains a regular prescription
department and employs a registered pharmacist during all hours the drug store is open.
(15) "Employee" means any person employed by the board, including a vendor, as
hereinafter in this section defined.
(16) "Fund" means 'liquor revolving fund.'
(17) "Hotel" means every building or other structure kept, used, maintained, advertised
or held out to the public to be a place where food is served and sleeping accommodations
are offered for pay to transient guests, in which twenty or more rooms are used for the
sleeping accommodation of such transient guests and having one or more dining rooms
where meals are served to such transient guests, such sleeping accommodations and dining
rooms being conducted in the same building and buildings, in connection therewith, and
(~') such structure or structures being provided, in the judgment of the board, with adequate
and sanitary kitchen and dining room equipment and capacity, for preparing, cooking and
serving suitable food for its guests: PROVIDED FURTHER, That in cities and towns of
less than five thousand population, the board shall have authority to waive the provisions
requiring twenty or more rooms.
(18) "Importer" means a person who buys distilled spirits from a distillery outside the
state of Washington and imports such spirituous liquor into the state for sale to the board
or for export.
(19) "Imprisonment" means confinement in the county jail.
(20) "Liquor" includes the four varieties of liquor herein defined (alcohol, spirits, wine
and beer), and all fermented, spirituous, vinous, or malt liquor, or combinations thereof,
and mixed liquor, a part of which is fermented, spirituous, vinous or malt liquor, or
otherwise intoxicating; and every liquid or solid or semisolid or other substance, patented
or not, containing alcohol, spirits, wine or beer, and all drinks or drinkable liquids and all
preparations or mixtures capable of human consumption, and any liquid, semisolid, solid,
or other substance, which contains more than one percent of alcohol by weight shall be
conclusively deemed to be intoxicating. Liquor does not include confections or food
products that contain one percent or less of alcohol by weight.
(21) "Manufacturer" means a person engaged in the preparation of liquor for sale, in
any form whatsoever.
(22) "Malt beverage" or "malt liquor" means any beverage such as beer, ale, lager beer,
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stout, and porter obtained by the alcoholic fermentation of an infusion or decoction of pure
hops,or pure extract of hops and pure barley malt or other wholesome grain or cereal in
pure water containing not more than eight percent of alcohol by weight, and not less than
one-half of one percent of alcohol by volume. For the purposes of this title, any such
beverage containing more than eight percent of alcohol by weight shall be referred to as
"strong beer."
(23) "Package" means any container or receptacle used for holding liquor.
(24) "Permit" means a permit for the purchase of liquor under this title.
(25) "Person" means an individual, copartnership, association, or corporation.
(26) "Physician" means a medical practitioner duly and regularly licensed and engaged
in the practice of his profession within the state pursuant to chapter 18.71 R.CW.
(27) "Prescription" means a memorandum signed by a physician and given by him to a
patient for the obtaining of liquor pursuant to this title for medicinal purposes.
(28) "Public place" includes streets and alleys of incorporated cities and towns; state or
county or township highways or roads; buildings and grounds used for school purposes;
public dance halls and grounds adjacent thereto; those parts of establishments where beer
may be sold under this title, soft drink establishments, public buildings, public meeting
halls, lobbies, halls and dining rooms of hotels, restaurants, theatres, stores, garages and
filling stations which are open to and are generally used by the public and to which the
public is permitted to have unrestricted access; railroad trains, stages, and other public
conveyances of all kinds and character, and the depots and waiting rooms used in
conjunction therewith which are open to unrestricted use and access by the public; publicly
owned bathing beaches, parks, and/or playgrounds; and all other places of like or similar
nature to which the general public has unrestricted right of access, and which arc generally
used by the public.
(29) "Regulations" means regulations made by the board under the powers conferred by
this title.
(30) "Restaurant" means any establishment provided with special space and
accommodations where, in consideration of payment, food, without lodgings, is habitually
furnished to the public, not including drug stores and soda fountains.
(31) "Sale" and "sell" include exchange, barter, and traffic; and also include the selling
or supplying or distributing, by any means whatsoever, of liquor, or of any liquid known
or described as beer or by any name whatever commonly used to describe malt or brewed
liquor or of wine, by any person to any person; and also include a sale or selling within the
state to a foreign consignee or his agent in the state. "Sale" and "sell" shall not include the
giving, at no charge, of a reasonable amount of liquor by a person not licensed by the
board to a person not licensed by the board, for personal use only. "Sale" and "sell" also
does not include a raffle authorized under RCW 9.46.0315: PROVIDED, That the
nonprofit organization conducting the raffle has obtained the appropriate permit from the
board.
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(32) "Soda fountain" means a place especially equipped with apparatus for the purpose
of dispensing soft drinks, whether mixed or otherwise.
(33) "Spirits" means any beverage which contains alcohol obtained by distillation,
including wines exceeding twenty-four percent of alcohol by volume.
(34) "Store" means a state liquor store established under this title.
(35) "Tavern" means any establishment with special space and accommodation for sale
by the glass and for consumption on the premises, of beer, as herein defined.
(36) "Vendor" means a person employed by the board as a store manager under this
title.
(37) "Winery" means a business conducted by any person for the manufacture of wine
for sale, other than a domestic winery.
(38) "Wine" means any alcoholic beverage obtained by fermentation of fruits (grapes,
berries, apples, et cetera) or other agricultural product containing sugar, to which any
saccharine substances may have been added before, during or after fermentation, and
containing not more than twenty-four percent of alcohol by volume, including sweet wines
fortified with wine spirits, such as port, sherry, muscatel and angelica, not exceeding
twenty-four percent of alcohol by volume and not less than one-half of one percent of
-.� alcohol by volume. For purposes of this title, any beverage containing no more than
fourteen percent of alcohol by volume when bottled or packaged by the manufacturer shall
be referred to as "table wine," and any beverage containing alcohol in an amount more
than fourteen percent by volume when bottled or packaged by the manufacturer shall be
referred to as "fortified wine." However, "fortified wine" shall not include: (a) Wines that
are both sealed or capped by cork closure and aged two years or more; and (b) wines that
contain more than fourteen percent alcohol by volume solely as a result of the natural
fermentation process and that have not been produced with the addition of wine spirits,
brandy, or alcohol.
This subsection shall not be interpreted to require that any wine be labeled with the
designation "table wine" or "fortified wine."
(39) "Wine distributor" means a person who buys wine from a vintner or winery
located either within or beyond the boundaries of the state for the purpose of selling the
same not in violation of this title, or who represents such vintner or winery as agent.
(40) "Wine importer" means a person or business within Washington who purchases
wine from a United States winery holding a certificate of approval (W7) or foreign
produced wine from a source outside the state of Washington for the purpose of selling the
same pursuant to this title.
[2000 c 142 § 1; 1997 c 321 §37; 1991 c 192 § 1; 1987 c 386 § 3; 1984 c 78 § 5; 1982 c 39 § I; 1981 1st
ex.s.c 5 § I; 1980 c 140 § 3; 1969 ex.s.c 21 § 13; 1935 c 158 § 1; 1933 ex.s.c 62 §3;RRS § 7306-3.
Formerly RCW 66.04.010 through 66.04.380.1
NOTES:
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Effective date -- 1997 c 321: See note following RCW 66.24.010.
Finding and declaration -- Severability -- 1984 c 78: See notes following RCW
66.12.160.
Severability -- 1982 c 39: "If any provision of this amendatory 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." [1982 c 39 § 3.]
Severability -- Effective date -- 1981 1st ex.s. c 5: See RCW 66.98.090 and
66.98.100.
Effective date-- 1969 ex.s. c 21: "The effective date of this 1969 amendatory act is
July 1, 1969." [1969 ex.s. c 21 § 15.]
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RCW 66.20.160
"Card of identification", "licensee", "store employee" defined for certain purposes.
Words and phrases as used in RCW 66.20.160 to 66.20.210, inclusive, shall have the
following meaning:
"Card of identification" means any one of those cards described in RCW 66.16.040.
"Licensee" means the holder of a retail liquor license issued by the board, and includes
any employee or agent of the licensee.
"Store employee" means a person employed in a state liquor store or agency to sell
liquor.
[1973 1st ex.s.c 209§4; 1971 ex.s.c 15 §2; 1959 c 111 §4; 1949 c 67 § 1; Rem. Supp. 1949 § 7306-I9A.]
NOTES:
Severability -- Effective date -- 1973 1st ex.s. c 209: See notes following RCW
66.08.070.
Effective date -- 1971 ex.s. c 15: Sec note following RCW 66.16.040.
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RCW 66.20.170
Card of identification may be accepted as identification card and evidence of legal
age.
A card of identification may for the purpose of this title and for the purpose of procuring
liquor, be accepted as an identification card by any licensee or store employee and as
evidence of legal age of the person presenting such card, provided the licensee or store
employee complies with the conditions and procedures prescribed herein and such
regulations as may be made by the board.
[1973 1st ex.s.c 209§ 5; 1971 ex.s.c 15 § 3; 1959 c III § 5; 1949 c 67 § 2; Rem. Supp. 1949 § 7306-1913.1
NOTES:
Severability -- Effective date -- 1973 1st ex.s. c 209: See notes following RCW
66.08.070.
Effective date -- 1971 ex.s. c 15: See note following RCW 66.16.040.
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RCW 66.20.180
Card of identification to be presented on request of licensee.
A card of identification shall be presented by the holder thereof upon request of any
licensee, store employee, peace officer, or enforcement officer of the board for the purpose
of aiding the licensee, store employee, peace officer, or enforcement officer of the board to
determine whether or not such person is of legal age to purchase liquor when such person
desires to procure liquor from a licensed establishment or state liquor store or agency.
[1973 1st ex.s. c 209§6; 1971 cx.s.c 15 §4; 1959 c 111 §6; 1949 c 67 §3; Rem.Supp. 1949 §7306-19C.]
NOTES:
Severability -- Effective date-- 1973 1st ex.s. c 209: See notes following RCW
66.08.070.
Effective date -- 1971 cx.s. c 15: See note following RCW 66.16.040.
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RCW 66.20.200
Unlawful acts relating to identification or certification card -- Penalties. (Effective
until July 1, 2004.)
It shall be unlawful for the owner of a card of identification to transfer the card to any
other person for the purpose of aiding such person to procure alcoholic beverages from any
• licensee or store employee. Any person who shall permit his or her card of identification to
be used by another or transfer such card to another for the purpose of aiding such
transferee to obtain alcoholic beverages from a licensee or store employee or gain
admission to a premises or portion of a premises classified by the board as off-limits to
persons under twenty-one years of age, shall be guilty of a misdemeanor punishable as
provided by RCW 9A.20.021, except that a minimum fine of two hundred fifty dollars
shall be imposed and any sentence requiring community restitution shall require not fewer
than twenty-five hours of community restitution. Any person not entitled thereto who
unlawfully procures or has issued or transferred to him or her a card of identification, and
any person who possesses a card of identification not issued to him or her, and any person
who makes any false statement on any certification card required by RCW 66.20.190, as
now or hereafter amended, to be signed by him or her, shall be guilty of a misdemeanor
punishable as provided by RCW 9A.20.021, except that a minimum fine of two hundred
fifty dollars shall be imposed and any sentence requiring community restitution shall
require not fewer than twenty-five hours of community restitution.
[2002 c 175 §41; 1994 c 201 § 1; 1987 c 101 §4; 1973 1st cx.s.c 209§ 8; 1971 ex.s.c 15§6; 1969 ex.s.c
178 § 2; 1959 c 111 § 8; 1949 c 67§ 5;Rem. Supp. 1949 § 7306-19E.]
NOTES:
Effective date -- 2002 c 175: See note following RCW 7.80.130.
Severability-- Effective date-- 1973 1st ex.s. c 209: See notes following RCW
66.08.070.
Effective date-- 1971 ex.s. c 15: See note following RCW 66.16.040.
Unlawful transfer to minor of age identification: RCW 66.44.325.
RCW 66.20.200
Unlawful acts relating to identification or certification card --Penalties. (Effective
July 1, 2004.)
(1) It shall be unlawful for the owner of a card of identification to transfer the card to any •
other person for the purpose of aiding such person to procure alcoholic beverages from any
licensee or store employee. Any person who shall permit his or her card of identification to
be used by another or transfer such card to another for the purpose of aiding such
transferee to obtain alcoholic beverages from a licensee or store employee or gain
admission to a premises or portion of a premises classified by the board as off-limits to
persons under twenty-one years of age, shall be guilty of a misdemeanor punishable as
provided by RCW 9A.20.021, except that a minimum fine of two hundred fifty dollars
shall be imposed and any sentence requiring community restitution shall require not fewer
than twenty-five hours of community restitution.
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(2) Any person not entitled thereto who unlawfully procures or has issued or transferred
to him or her a card of identification, and any person who possesses a card of identification
not issued to him or her, and any person who makes any false statement on any
certification card required by RCW 66.20.190, to be signed by him or her, shall be guilty
of a misdemeanor punishable as provided by RCW 9A.20.021, except that a minimum fine
of two hundred fifty dollars shall be imposed and any sentence requiring community
restitution shall require not fewer than twenty-five hours of community restitution.
[2003 c 53 § 295;2002 c 175 §41; 1994 c 201 § 1; 1987 c 101 §4; 1973 1st ex.s.c 209§ 8; 1971 ex.s.c 15
§ 6; 1969 ex.s.c 178 §2; 1959 c 111 § 8; 1949 c 67§ 5;Rem. Supp. 1949§ 7306-191E
NOTES:
Intent-- Effective date-- 2003 c 53: See notes following RCW 2.48.180.
Effective date--2002 c 175: See note following RCW 7.80.130.
Severability-- Effective date -- 1973 1st ex.s. c 209: See notes following RCW
66.08.070.
•
Effective date — 1971 ex.s. c 15: See note following RCW 66.16.040.
Unlawful transfer to minor of age identification: RCW 66.44.325.
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RCW 66.28.090
Licensed premises or banquet permit premises open to inspection -- Failure to allow,
violation.
(1) All licensed premises used in the manufacture, storage, or sale of liquor, or any
premises or parts of premises used or in any way connected, physically or otherwise, with
the licensed business, and/or any premises where a banquet permit has been granted, shall
at all times he open to inspection by any liquor enforcement officer, inspector or peace
officer.
(2) Every person, being on any such premises and having charge thereof, who refuses
or fails to admit a liquor enforcement officer, inspector or peace officer demanding to
enter therein in pursuance of this section in the execution of his/her duty, or who obstructs
or attempts to obstruct the entry of such liquor enforcement officer, inspector or officer of
the peace, or who refuses to allow a liquor enforcement officer, and/or an inspector to
examine the books of the licensee, or who refuses or neglects to make any return required
by this title or the regulations, shall be guilty of a violation of this title.
[1981 lst cx.s. c 5 §20; 1935 c 174 § 7; 1933 ex.s.c 62 §52; RRS § 7306-52.]
NOTES:
Severability -- Effective date -- 1981 1st ex.s. c 5: See R.CW 66.98.090 and
66.98.100.
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RCW 66 . 32 CHAPTER Page 1 of 4
•
Chapter 66.32 RCW
SEARCH AND SEIZURE
RCW SECTIONS
66.32.010 Possession of contraband liquor.
66.32.020 Search warrant -- Search and seizure.
66.32.030 Service of warrant -- Receipt for seized property.
66.32.040 Forfeiture of liquor directed if kept unlawfully.
66.32.050 Hearing.
66.32.060 Claimants may appear.
66.32.070 Judgment of forfeiture -- Disposition of proceeds of property sold.
66.32.080 Forfeiture action no bar to criminal prosecution.
66.32.090 Seized liquor to he reported to board.
RCW 66.32.0:10
Possession of contraband liquor.
Except as permitted by the board, no liquor shall be kept or had by any person within this state unless
J the package in which the liquor was contained had, while containing that liquor, been sealed with the
official seal adopted by the board, except in the case of:
(1) Liquor imported by the board; or
(2) Liquor manufactured in the state for sale to the board or for export; or
(3) Beer, purchased in accordance with the provisions of law; or
(4) Wine or beer exempted in RCW 66.12.010.
[1955 c 39 §3. Prior: 1943 c 216§ 3(1); 1933 cx.s.c 62 § 33(1);Rem. Supp. 1943 § 7306-33(1).]
RCW 66.32.020
Search warrant-- Search and seizure.
If, upon the sworn complaint of any person, it is made to appear to any judge of the superior court or
district court, that there is probable cause to believe that intoxicating liquor is being manufactured, sold,
bartered, exchanged, given away, furnished, or otherwise disposed of or kept in violation of the
provisions of this title, such judge shall, with or without the approval of the prosecuting attorney, issue a
warrant directed to a civil officer of the state duly authorized to enforce or assist in enforcing any law
thereof, or to an inspector of the board, commanding the civil officer or inspector to search the premises,
room, house, building, boat, vehicle, structure or place designated and described in the complaint and
warrant, and to seize all intoxicating liquor there found, together with the vessels in which it is
contained, and all implements, furniture, and fixtures used or kept for the illegal manufacture, sale,
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RCW 66 . 32 CHAPTER Page 2 of 4
barter, exchange, giving away, furnishing, or otherwise disposing of the liquor, and to safely keep the
same, and to make a return of the warrant within ten days, showing all acts and things done thereunder,
with a particular statement of all articles seized and the name of the person or persons in whose
possession they were found, if any, and if no person is found in the possession of the articles, the return
shall so state.
[1987 c 202§220; 1955 a 288§ 1; 1955 c 39§4.Prior: 1943 c 216§ 3(2),part; 1933 cx.s.c 62§ 33(2),part;Rem. Supp.
1943 § 7306-33(2),part.]
NOTES:
Intent-- 1987 c 202: See note following RCW 2.04.190.
RCW 66.32.030
Service of warrant— Receipt for seized property.
A copy of the warrant, together with a detailed receipt for the property taken shall be served upon the
person found in possession of any intoxicating liquor, furniture, or fixtures so seized, and if no person is
found in possession thereof, a copy of the warrant and receipt shall be left in a conspicuous place upon
the premises wherein they are found.
[1955 c 39§5.Prior 1943 c 216§ 3(2),part; 1933 ex.s.c 62 § 33(2),part;Rem.Supp. 1943 § 7306-33(2),part.]
RCW 66.32.040
Forfeiture of liquor directed if kept unlawfully.
All liquor seized pursuant to the authority of a search warrant or an arrest shall, upon adjudication that it
was kept in violation of this title, be forfeited and upon forfeiture be disposed of by the agency seizing
the liquor.
[1993 c 26§ 1; 1955 c 39§6.Prior: 1943 c 216§3(2),part 1933 ex.s. c 62 § 23(2),part; Rem. Supp. 1943 § 7306-33(2),
part.]
RCW 66.32.050
Hearing.
Upon the return of the warrant as provided herein, the judge shall fix a time, not less than ten days, and
not more than thirty days thereafter, for the hearing of the return, when he or she shall proceed to hear
and determine whether or not the articles seized, or any part thereof, were used or in any manner kept or
possessed by any person with the intention of violating any of the provisions of this title.
[1987 c 202 § 221; 1955 c 39 § 7. Prior: 1943 c 216 §3(3),part; 1933 ex.s. c 62 § 33(2),part; Rem. Supp. 1943 § 7306-33
(3),Part.]
NOTES:
•
Intent-- 1.987 a 202: See note following RCW 2.04.190.
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RCW 66 . 32 CHAPTER Page 3 of 4
RCW 66.32.060
Claimants may appear.
At the hearing, any person claiming any interest in any of the articles seized may appear and be heard
upon filing a written claim setting forth particularly the character and extent of his interest, and the
burden shall rest upon the claimant to show,by competent evidence, his property right or interest in the
articles claimed, and that they were not used in violation of any of the provisions of this title, and were
not in any manner kept or possessed with the intention of violating any of its provisions.
[1955 c 39 § 8. Prior: 1943 c 216§3(3),part; 1933 ex.s.c 62 §33(2),part;Rem.Supp. 1943 §7306-33(3),part]
RCW 66.32.070
Judgment of forfeiture --Disposition of proceeds of property sold.
If, upon the hearing, the evidence warrants, or, if no person appears as claimant, the judge shall
thereupon enter a judgment of forfeiture, and order such articles destroyed forthwith: PROVIDED, That
if, in the opinion of the judge, any of the forfeited articles other than intoxicating liquors are of value
and adapted to any lawful use, the judge shall, as a part of the order and judgment, direct that the articles
other than intoxicating liquor be sold as upon execution by the officer having them in custody, and the
proceeds of the sale after payment of all costs of'the proceedings shall be paid into the liquor revolving
fund.
[1987 c 202 §222; 1955 c 39 §9. Prior: 1943 c 216§3(3),part, 1933 ex.s. c 62 § 33(2),part;Rem. Supp. 1943 § 7306-33
(3),Pan.]
NOTES:
Intent-- :1987 c 202: See note following RCW 2.04.190.
RCW 66.32.080
Forfeiture action no bar to criminal prosecution.
Action under RCW 66.32.010 through 66.32.080 and the forfeiture, destruction, or sale of any articles
thereunder shall not bar prosecution under any other provision.
[1955 c 39 § 10.Prior: 1943 c 216§3(3),part; 1933 ex.s.c 62 § 33(2),part;Rem. Supp. 1943 § 7306-33(3),part.]
RCW 66.32.090
Seized liquor to be reported to board.
In every case in which liquor is seized by a sheriff or deputy of any county or by a police officer of any
municipality or by a member of the Washington state patrol, or any other authorized peace officer or
inspector, it shall be the duty of the sheriff or deputy of any county, or chief of police of the
municipality, or the chief of the Washington state patrol, as the case may be, to forthwith report in
writing to the board of particulars of such seizure.
[I993 c 26§ 2; 1987 c 202 § 223; 1935 c 174§ 8; 1933 cx.s.c 62 § 55;RRS § 7306-55.]
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RCW 66 . 32 CHAPTER Page 4 of 4
NOTES:
Intent-- 1.987 c 202: See note following RCW 2.04.190.
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Chapter 66.44 RCW
ENFORCEMENT-- PENALTIES
RCW SECTIONS
66.44.010 Local officers to enforce law -- Authority of board-- Liquor enforcement officers.
66.44.040 Sufficiency of description of offenses in complaints, informations, process, etc.
66.44.050 Description of offense in words of. statutes-- Proof required.
66.44.060 Proof of unlawful sale establishes prima facie intent.
66.44.070 Certified analysis is prima facie evidence of alcoholic content.
66.44.080 Service of process on corporation.
66.44.090 Acting without license.
66.44.100 Opening or consuming liquor in public place-- Penalty.
66.44.120 Unlawful use of seal.
66.44.130 Sales of liquor by drink or bottle.
66.44.140 Unlawful sale, transportation of spirituous liquor without stamp or seal-- Unlawful
operation, possession of still or mash.
66.44.150 Buying liquor illegally.
66.44.160 Illegal possession, transportation of alcoholic beverages.
66.44.170 Illegal possession of liquor with intent to sell-- Prima facie evidence, what is.
66.44.175 Violations of law.
66.44.180 General penalties -- Jurisdiction for violations.
66.44.193 Sales on university or college campus.
66.44.20Q Sales to persons apparently under the influence of liquor-- Purchases or consumption by
persons apparently under the influence of liquor on licensed premises -- Penalty -- Notice--
Separation of actions.
66.44.210 Obtaining liquor for ineligible person.
66.44.240 Drinking in public conveyance-- Penalty against carrier-- Exception.
66.44.250 Drinking in public conveyance-- Penalty against individual -- Restricted application.
66.44.265 Candidates giving or purchasing liquor on election day prohibited.
66.44.270 Furnishing liquor to minors-- Possession,use-- Penalties-- Exhibition of effects ---
Exceptions.
66.44.28D Minor applying for permit.
66.44.290 Minor purchasing or attempting to purchase liquor.
66.44.291 Minor purchasing or attempting to purchase liquor-- Penalty against persons between
eighteen and twenty, inclusive.
0.44.292 Sales to minors by licensee or employee-- Board notification to prosecuting attorney to
formulate charges against minors.
66.44.300 Treats, gifts, purchases of liquor for or from minor, or holding out minor as at least twenty-
one, in public place where liquor sold.
66.44.310 Minors frequenting off-limits area-- Misrepresentation of age -- Penalty-- Classification of
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licensees.
��. 66.44.316 Certain persons eighteen years and over permitted to enter and remain upon licensed
premises during employment.
66.44.31 S Employees aged eighteen to twenty-one stocking, merchandising, and handling beer and
wine.
66.44.325 Unlawful transfer to minor of age identification.
66.44.328 Preparation or acquisition and supply to persons under age twenty-one of facsimile of
official identification card -- Penalty.
66.44.330 Prosecutions to be reported by prosecuting attorney and police court.
66.44.340 Employees eighteen years and over allowed to sell and handle beer and wine for certain
licensed employers.
66.44.350 Employees eighteen years and over allowed to serve and carry liquor, clean up, etc., for
certain licensed employers.
66.44.365 Juvenile driving privileges Alcohol or drug violations.
66.44.370 Resisting or opposing officers in enforcement of title.
66.44.800 Compliance by Washington wine commission.
NOTES:
Minors
access to tobacco, role of liquor control board: Chapter 70.155 RCW.
prohibited to enter bars or taverns: RCW 26.28.080.
Sale or gift of tobacco to persons under certain age is gross misdemeanor: RCW 26.28.080.
State institutions, bringing in liquor prohibited: RCW 72.23.300.
RCW 66.44.010
Local officers to enforce law -- Authority of board-- Liquor enforcement officers.
(1) All county and municipal peace officers are hereby charged with the duty of investigating and
prosecuting all violations of this title, and the penal laws of this state relating to the manufacture,
importation, transportation, possession, distribution and sale of liquor, and all fines imposed for
violations of this title and the penal laws of this state relating to the manufacture, importation,
transportation, possession, distribution and sale of liquor shall belong to the county, city or town
wherein the court imposing the fine is located, and shall be placed in the general fund for payment of the
salaries of those engaged in the enforcement of the provisions of this title and the penal laws of this state
relating to the manufacture, importation, transportation, possession, distribution and sale of liquor:
PROVIDED, That all fees, fines, forfeitures and penalties collected or assessed by a district court
because of the violation of a state law shall be remitted as provided in chapter 3.62 RCW as now exists
or is later amended.
(2) In addition to any and all other powers granted, the board shall have the power to enforce the
penal provisions of this title and the penal laws of this state relating to the manufacture, importation,
transportation, possession, distribution and sale of liquor.
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(3) In addition to the other duties under this section, the board shall enforce chapters 82.24 and 82.26
RCW.
(4) The board may appoint and employ, assign to duty and fix the compensation of, officers to be
designated as liquor enforcement officers. Such liquor enforcement officers shall have the power, under
the supervision of the board, to enforce the penal provisions of this title and the penal laws of this state
relating to the manufacture, importation, transportation, possession, distribution and sale of liquor. They
shall have the power and authority to serve and execute all warrants and process of law issued by the
courts in enforcing the penal provisions of this title or of any penal law of this state relating to the
manufacture, importation, transportation, possession, distribution and sale of liquor, and the provisions
of chapters 82.24 and 82.26 R.CW. They shall have the power to arrest without a warrant any person or
persons found in the act of violating any of the penal provisions of this title or of any penal law of this
state relating to the manufacture, importation, transportation, possession, distribution and sale of liquor,
and the provisions of chapters 82.24 and 82.26 RCW.
[1998 c 18§ 1; 1987 c 202 §224; 1969 ex.s.c 199§28; 1939 c 172§ 5; 1935 c 174 § 11; 1933 ex.s.c 62§70; RRS§ 7306-
70.Formerly.RCW 66.44.010 through 66.44.030.]
NOTES:
Intent-- 1987 c 202: See note following RCW 2.04.190.
RCW 66.44.040
Sufficiency of description of offenses in complaints, informations, process, etc.
In describing the offense respecting the sale, or keeping for sale or other disposal, of liquor, or the
having, keeping, giving, purchasing or consumption of liquor in any information, summons, conviction,
warrant, or proceeding under this title, it shall be sufficient to simply state the sale, or keeping for sale or
disposal,having, keeping, giving, purchasing, or consumption of liquor, without stating the name or
kind of such liquor or the price thereof, or to whom it was sold or disposed of, or by whom consumed,
or from whom it was purchased or received; and it shall not be necessary to state the quantity of liquor
so sold, kept for sale, disposed of, had, kept, given, purchased, or consumed, except in the case of
offenses where the quantity is essential, and then it shall be sufficient to allege the sale or disposal of
more or less than such quantity.
[1933 ex.s.c 62 § 57;RRS§ 7306-57.]
RCW 66.44.050
Description of offense in words of statutes -- Proof required.
The description of any offense under this title, in the words of this title, or in any words of like effect,
shall be sufficient in law; and any exception, exemption, provision, excuse, or qualification, whether it
occurs by way of proviso or in the description of the offense in this title, may be proved by the
defendant, but need not be specified or negatived in the information; but if it is so specified or
negatived, no proof in relation to the matter so specified or negatived shall be required on the part of the
informant or complainant.
[1933 ex.s.c 62 § 58;RRS§ 7306-58.]
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RCW 66.44.060
Proof of unlawful sale establishes prima facie intent.
In any proceeding under this title, proof of one unlawful sale of liquor shall suffice to establish prima
facie the intent or purpose of unlawfully keeping liquor for sale in violation of this title.
[1933 ex.s.c 62 § 59;RRS§ 7306-59.]
RCW 66.44.070
Certified analysis is prima facie evidence of alcoholic content.
A certificate, signed by any person appointed or designated by the board in writing as an analyst, as to
the percentage of alcohol contained in any liquid, drink, liquor, or combination of liquors, when
produced in any court or before any court shall be prima facie evidence of the percentage of alcohol
contained therein.
[1933 ex.s. c 62 § 60; RRS § 7306-60.]
RCW 66.44.080
Service of process on corporation.
In all prosecutions, actions, or proceedings under the provisions of this title against a corporation, every
1 summons, warrant, order, writ or other proceeding may be served on the corporation in the same manner
as is now provided by law for service of civil process.
[1933 ex.s.c 62 § 61;RRS§ 7306-61.]
RCW 66.44.090
Acting without license.
Any person doing any act required to be licensed under this title without having in force a license issued
to him shall be guilty of a gross misdemeanor.
[1955 e 289§2.Prior. 0) 1933 ex.s. c 62 § 28;RRS§ 7306-28.00 1939 c 172 § 6(1); 1935 c 174§ 6(1); 1933 ex.s. c 62 § 92
(1); RRS§ 7306-92(1).]
RCW 66.44.100
Opening or consuming liquor in public place-- Penalty.
Except as permitted by this title, no person shall open the package containing liquor or consume liquor
in a public place. Every person who violates any provision of this section shall be guilty of a class 3 civil
infraction under chapter 7.80 RCW.
' [1999 c 189§ 3; 1981 1st ex.s.c 5 §21; 1933 cx.s.c 62 § 34;RRS § 7306-34.]
NOTES:
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RCW 66 . 44 CHAPTER Page 5 of 17
Application -- 1999 c 189: See note following RCW 66.28.230.
Severability-- Effective date -- 1981 1st ex.s. c 5: See RCW 66.98.090 and 66.98.100.
RCW 66.44.120
Unlawful use of seal. (Effective until July 1, 2004.)
•
No person other than an employee of the board shall keep or have in his or her possession any official
seal prescribed under this title, unless the same is attached to a package which has been purchased from
a vendor or store employee; nor shall any person keep or have in his or her possession any design in
imitation of any official seal prescribed under this title, or calculated to deceive by its resemblance
thereto, or any paper upon which any design in imitation thereof, or calculated to deceive as aforesaid, is
stamped, engraved, lithographed, printed, or otherwise marked.
Every person who willfully violates any provision of this section shall be guilty of a gross
misdemeanor and shall be liable on conviction thereof for a first offense to imprisonment in the county
jail for a period of not less than three months nor more than six months, without the option of the
payment of a fine; for a second offense, to imprisonment in the county jail for not less than six months
nor more than one year, without the option of the payment of a fine; for a third offense or subsequent
offenses to imprisonment in a state correctional facility for not less than one year nor more than two
years.
[1992 c 7 §42; 1933 ex.s.c 62§47; RRS§ 7306-47.]
RCW 66.44.120
Unlawful use of seal. (Effective July 1, 2004.)
(1)No person other than an employee of the board shall keep or have in his or her possession any
official seal prescribed under this title, unless the same is attached to a package which has been
purchased from a vendor or store employee; nor shall any person keep or have in his or her possession
any design in imitation of any official seal prescribed under this title, or calculated to deceive by its
resemblance thereto. or any paper upon which any design in imitation thereof, or calculated to deceive
as aforesaid, is stamped, engraved, lithographed, printed, or otherwise marked.
(2)(a) Except as provided in(b) of this subsection, every person who willfully violates this section is
guilty of a gross misdemeanor and shall be liable on conviction thereof for a first offense to
imprisonment in the county jail for a period of not less than three months nor more than six months,
without the option of the payment of a fine, and for a second offense, to imprisonment in the county jail
for not less than six months nor more than one year, without the option of the payment of a fine.
(b) A third or subsequent offense is a class C felony, punishable by imprisonment in a state
correctional facility for not less than one year nor more than two years.
[2003 c 53 § 299; 1992 c 7 §42; 1933 ex.s. c 62§ 47;RRS§ 7306-47.]
NOTES:
Intent-- Effective date -- 2003 c 53: See notes following RCW 2.48.180.
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RCW 66.44.130
Sales of liquor by drink or bottle.
Except as otherwise provided in this title, every person who sells by the drink or bottle, any liquor shall
be guilty of a violation of this title.
[1955 c 289 §3.Prior: 1939 c 172 § 6(2); 1935 c 174§ 15(2); 1933 ex.s.c 62§92(2);RRS§7306-92(2).]
RCW 66.44.140
Unlawful sale, transportation of spirituous liquor without stamp or seal-- Unlawful operation,
possession of still or mash.
Every person who shall sell or offer for sale, or transport in any manner, any spirituous liquor, without
government stamp or seal attached thereto, or who shall operate without a license, any still or other
device for the production of spirituous liquor, or shall have in his possession or under his control any
mash capable of being distilled into spirituous liquor except as provided in RCW 66.12.130, shall.be
guilty of a gross misdemeanor and upon conviction thereof shall upon his first conviction be fined not
less than five hundred dollars and confined in the county jail not less than six months, and upon second
and subsequent conviction shall be fined not less than one thousand dollars and confined in the county
jail not less than one year.
[1980 c 140§4; 1955 c 289§4.Prior: 1939 c 172§6(3); 1935 c 174§ 15(3); 1933 ex.s.c 62§92(3);RRS § 7306-92(3).]
RCW 66.44.150
Buying liquor illegally.
If any person in this state buys alcoholic beverages from any person other than the board, a state liquor
store, or some person authorized by the board to sell them, he shall be guilty of a misdemeanor.
[1955 c 289 § 5.Prior: 1939 c 172 § 6(4); 1935 c 174§ 15(4); 1933 ex.s. c 62§92(4);RRS § 7306-92(4).]
RCW 66.44.160
Illegal possession, transportation of alcoholic beverages.
Except as otherwise provided in this title, any person who has or keeps or transports alcoholic beverages
other than those purchased from the board, a state liquor store, or some person authorized by the board
to sell them, shall be guilty of a violation of this title.
[1955 c 289§ 6.Prior: 1939 c 172 § 6(5); 1935 c 174§ 15(5); 1933 ex.s.c 62 §92(5);RRS § 7306-92(5).]
RCW 66.44.170
Illegal possession of liquor with intent to sell-- Prima facie evidence, what is.
Any person who keeps or possesses liquor upon his person or in any place, or on premises conducted or
maintained by him as principal or agent with the intent to sell it contrary to provisions of this title, shall
be guilty of a violation of this title. The possession of liquor by the principal or agent on premises
conducted or maintained, under federal authority, as a retail dealer in liquors, shall be prima facie
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evidence of the intent to sell liquor.
[1955 c 289§ 7.Prior. 1937 c 144§ I (adding new section 92A to 1933 ex.s.c 62);RRS§ 7306-92A.]
� J
RCW 66.44.175
Violations of law.
Every person who violates any provision of this title or the regulations shall be guilty of a violation of
this title, whether otherwise declared or not.
[1933 ex.s.c 62 § 91; RRS§ 7306-91.]
RCW 66.44.180
General penalties --Jurisdiction for violations. (Effective until July.1, 2004.)
Every person guilty of a violation of this title for which no penalty has been specifically provided shall
be liable, on conviction, for a first offense to a penalty of not more than five hundred dollars, or to
imprisonment for not more than two months, or both; for a second offense to imprisonment for not more
than six months; and for a third or subsequent offense to imprisonment for not more than one year. If the
offender convicted of an offense referred to in this section is a corporation, it shall for a first offense be
liable to a penalty of not more than five thousand dollars, and for a second or subsequent offense to a
penalty of not more than ten thousand dollars, or to forfeiture of its corporate license, or both.
Every district judge and municipal judge shall have concurrent jurisdiction with superior court judges
of the state of Washington of all violations of the provisions of this title and may impose any
punishment provided therefor.
[1987 e 202 §225; 1981 1st ex.s. c 5 § 22; 1935 c 174§ 16; 1933 ex.s.c 62 §93; RRS § 7306-93.]
NOTES:
Intent-- 1987 c 202: See note following RC\V 2.04.190.
Severability-- Effective date-- 1981 1st ex.s. c 5: See RCW 66.98.090 and 66.98.100.
RCW 66.44.180
General penalties --Jurisdiction for violations. (Effective July 1, 2004.)
(1) Every person guilty of a violation of this title for which no penalty has been specifically provided:
(a) For a first offense, is guilty of a misdemeanor punishable by a fine of not more than five hundred
dollars, or by imprisonment for not more than two months, or both;
(b) For a second offense, is guilty of a gross misdemeanor punishable by imprisonment for not more
. than six months; and
(c) For a third or subsequent offense, is guilty of a gross misdemeanor punishable by imprisonment
for not more than one year.
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(2) If the offender convicted of an offense referred to in this section is a corporation, it shall for a first
offense be liable to a penalty of not more than five thousand dollars, and for a second or subsequent
offense to a penalty of not more than ten thousand dollars, or to forfeiture of its corporate license, or
both.
(3) Every district judge and municipal judge shall have concurrent jurisdiction with superior court
judges of the state of Washington of all violations of the provisions of this title and may impose any
punishment provided therefor.
[2003 c 53 fi 300; 1987 c 202 y 225; 1981 1st cx.s. c 5 * 22; 1935 c 174§ 16; 1933 ex.s.c 62 §93;RRS y 7306-93.]
NOTES:
Intent-- Effective date -- 2003 c 53: Sec notes following RCW 2.48.180.
Intent-- 1987 c 202: See note following RCW 2.04.190.
Severability-- Effective date -- 1981 1st ex.s. c 5: See RCW 66.98.090 and 66.98.100.
RCW 66.44.193
Sales on university or college campus.
If an institution of higher education chooses to allow the sale of alcoholic beverages on campus, the
legislature encourages the institution to feature products produced in the state of Washington.
[2003 c 51 * 2.]
RCW 66.44.200
Sales to persons apparently under the influence of liquor-- Purchases or consumption by persons
apparently under the influence of liquor on licensed premises -- Penalty-- Notice-- Separation of
actions.
(1)No person shall sell any liquor to any person apparently under the influence of liquor.
(2)(a) No person who is apparently under the influence of liquor may purchase or consume liquor on
any premises licensed by the board.
(b) A violation of this subsection is an infraction punishable by a fine of not more than five hundred
dollars.
(c) A defendant's intoxication may not be used as a defense in an action under this subsection.
(d)Until July 1, 2000, every establishment licensed under RCW 66.24.330 or 66.24.420 shall
conspicuously post in the establishment notice of the prohibition against the purchase or consumption of
liquor under this subsection.
(3) An administrative action for violation of subsection (1) of this section and an infraction issued for
violation of subsection (2) of this section arising out of the same incident are separate actions and the
outcome of one shall not determine the outcome of the other.
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[1998 c 259 § 1; 1933 ex.s. c 62 § 36; RRS§ 7306-36.]
r
RCW 66.44.210
Obtaining liquor for ineligible person.
Except in the case of liquor administered by a physician or dentist or sold upon a prescription in
accordance with the provisions of this title, no person shall procure or supply, or assist directly or
indirectly in procuring or supplying, liquor for or to anyone whose permit is suspended or has been
canceled.
[1933 ex.s.c 62 § 38; RRS § 7306-38.]
RCW 66.44.240
Drinking in public conveyance-- Penalty against carrier -- Exception.
Every person engaged wholly or in part in the business of carrying passengers for hire, and every agent,
servant, or employee of such person, who knowingly permits any person to drink any intoxicating liquor
in any public conveyance, except in the compartment where such liquor is sold or served under the
authority of a license lawfully issued, is guilty of a misdemeanor. This section does not apply to a public
conveyance that is commercially chartered for group use or a for-hire vehicle licensed under city,
county, or state law.
[1983 c 165 § 29; 1909 c 249§442;RRS § 2694.]
• J NOTES:
Legislative finding, intent-- Effective dates -- Severability-- 1983 c 165: See notes following
RCW 46.20.308.
Alcoholic beverages, drinking or open container in vehicle on highway, exceptions: RCW 46.61.519.
RCW 66.44.250
Drinking in public conveyance-- Penalty against individual— Restricted application.
Every person who drinks any intoxicating liquor in any public conveyance, except in a compartment or
place where sold or served under the authority of a license lawfully issued, is guilty of a misdemeanor.
With respect to a public conveyance that is commercially chartered for group use and with respect to a
for-hire vehicle licensed under city, county, or state law, this section applies only to the driver of the
vehicle.
[1983 c 165 §30; 1909 c 249§441;RR.S§2693.]
NOTES:
Legislative finding, intent-- Effective dates -- Severability-- 1983 c 165: See notes following
R.CW 46.20.308. •
Alcoholic beverages, drinking or open container in vehicle on highway, exceptions: RCW 46.61.519.
RCW 66.44.265
Candidates giving or purchasing liquor on election day prohibited.
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It shall be unlawful for a candidate for office or for nomination thereto whose name appears upon the
ballot at any election to give to or purchase for another person, not a member of his or her family, any
liquor in or upon any premises licensed by the state for the sale of any such liquor by the drink during
- the hours that the polls are open on the day of such election.
[1971 ex.s.c 112 §2.]
RCW 66.44.270
Furnishing liquor to minors-- Possession, use-- Penalties-- Exhibition of effects—Exceptions.
(1) It is unlawful for any person to sell, give, or otherwise supply liquor to any person under the age of
twenty-one years or permit any person under that age to consume liquor on his or her premises or on any
premises under his or her control. For the purposes of this subsection, "premises" includes real property,
houses, buildings, and other structures, and motor vehicles and watercraft. A violation of this subsection
is a gross misdemeanor punishable as provided for in chapter 9A.20
(2)(a) It is unlawful for any person under the age of twenty-one years to possess, consume, or
otherwise acquire any liquor. A violation of this subsection is a gross misdemeanor punishable as
provided for in chapter 9A.20 RCW.
(b) It is unlawful for a person under the age of twenty-one years to be in a public place, or to be in a
motor vehicle in a public place, while exhibiting the effects of having consumed liquor. For purposes of
this subsection, exhibiting the effects of having consumed liquor means that a person has the odor of
liquor on his or her breath and either: (i) Is in possession of or close proximity to a container that has or
recently had liquor in it; or(ii) by speech, manner, appearance, behavior, lack of coordination, or
otherwise, exhibits that he or she is under the influence of liquor. This subsection (2)(b) does not apply
if the person is in the presence of a parent or guardian or has consumed or is consuming liquor under
circumstances described in subsection (4) or(5) of this section.
(3) Subsections (1) and (2)(a) of this section do not apply to liquor given or permitted to be given to a
person under the age of twenty-one years by a parent or guardian and consumed in the presence of the
parent or guardian. This subsection shall not authorize consumption or possession of liquor by a person
under the age of twenty-one years on any premises licensed under chapter 66.24 RCW.
(4) This section does not apply to liquor given for medicinal purposes to a person under the age of
twenty-one years by a parent, guardian,physician, or dentist.
(5)This section does not apply to liquor given to a person under the age of twenty-one years when
such liquor is being used in connection with religious services and the amount consumed is the minimal
amount necessary for the religious service.
(6) Conviction or forfeiture of bail for a violation of this section by a person under the age of twenty-
one years at the time of such conviction or forfeiture shall not be a disqualification of that person to
acquire a license to sell or dispense any liquor after that person has attained the age of twenty-one years.
[1998 c 4§ 1; 1993 c 513 § 1; 1987 c 458 § 3; 1955 c 70§ 2.Prior: 1935 c 174 § 6(1); 1933 exs.c 62 § 37(1);RRS § 7306-
37(1);prior.Code 1881 §939; 1877 p 205 §5.]
NOTES:
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Severability-- 1987 c 458: See note following RCW 48.21.160.
ice,
Minors, access to tobacco, role of liquor control board: Chapter 70.155 RC W.
RCW 66.44.280
Minor applying for permit.
Every person under the age of twenty-one years who makes application for a permit shall be guilty of an
offense against this title.
[1955 c 70§ 3. Prior: 1935 c 174§ 6(2); 1933 ex.s.c 62 §37(2);RRS § 7306-37(2).]
RCW 66.44.290
Minor purchasing or attempting to purchase liquor. (Effective until July 1, 2004.)
(1) Every person under the age of twenty-one years who purchases or attempts to purchase liquor shall
be guilty of a violation of this title. This section does not apply to persons between the ages of eighteen
and twenty-one years who are participating in a controlled purchase program authorized by the liquor
control board under rules adopted by the board. Violations occurring under a private, controlled
purchase program authorized by the liquor control board may not be used for criminal or administrative
prosecution.
(2) An employer who conducts an in-house controlled purchase program authorized under this
section shall provide his or her employees a written description of the employer's in-house controlled
purchase program. The written description must include notice of actions an employer may take as a •
2 consequence of an employee's failure to comply with company policies regarding the sale of alcohol
during an in-house controlled purchase.
(3)An in-house controlled purchase program authorized under this section shall be for the purposes
of employee training and employer self-compliance checks. An employer may not terminate an
employee solely for a first-time failure to comply with company policies regarding the sale of alcohol
during an in-house controlled purchase program authorized under this section.
[2001 c 295 § 1; 1965 c 49 § I; 1955 c 70§ 4.Prior. 1935 c 174§ 6(1); 1933 ex.s.c 62 § 37(1);RRS § 7306-37(1).]
RCW 66.44.290
Minor purchasing or attempting to purchase liquor— Penalty. (Effective July 1, 2004.)
(1) Every person under the age of twenty-one years who purchases or attempts to purchase liquor shall
be guilty of a violation of this title. This section does not apply to persons between the ages of eighteen
and twenty-one years who are participating in a controlled purchase program authorized by the liquor
control board under rules adopted by the board. Violations occurring under a private, controlled
purchase program authorized by the liquor control board may not be used for criminal or administrative
prosecution.
(2) An employer who conducts an in-house controlled purchase program authorized under this
section shall provide his or her employees a written description of the employer's in-house controlled
purchase program. The written description must include notice of actions an employer may take as a
• consequence of an employee's failure to comply with company policies regarding the sale of alcohol
during an in-house controlled purchase.
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(3) An in-house controlled purchase program authorized under this section shall be for the purposes
of employee training and employer self-compliance checks. An employer may not terminate an
employee solely for a first-time failure to comply with company policies regarding the sale of alcohol
during an in-house controlled purchase program authorized under this section.
(4) Every person between the ages of eighteen and twenty, inclusive, who is convicted of a violation
of this section is guilty of a misdemeanor punishable as provided by RCW 9A.20.021, except that a
minimum fine of two hundred fifty dollars shall be imposed and any sentence requiring community
restitution shall require not fewer than twenty-five hours of community restitution.
(2003 c 53 § 301;2001 c 295§ 1; 1965 c 49§ I; 1955 c 70§4.Prior: 1935 c 174§ 6(1); 1933 cx.s.c 62 §37(1);RRS §
7306-37(1).)
NOTES:
Intent— Effective date -- 2003 c 53: See notes following RCW 2.48.180.
RCW 66.44.291
Minor purchasing or attempting to purchase liquor-- Penalty against persons between eighteen
and twenty, inclusive. (Effective until July 1, 2004.)
Every person between the ages of eighteen and twenty, inclusive, who is convicted of a violation of
RCW 66.44.290 is guilty of a misdemeanor punishable as provided by RCW 9A.20.021, except that a
minimum fine of two hundred fifty dollars shall be imposed and any sentence requiring community
restitution shall require not fewer than twenty-five hours of community restitution.
[2002 c 175 §42; 1987 c 101 § 1; 1965 c 49§ 2.]
NOTES:
Effective date-- 2002 c 175: Sec note following RCW 7.80.130.
RCW 66.44.292
Sales to minors by licensee or employee— Board notification to prosecuting attorney to formulate
charges against minors.
The Washington state liquor control board shall furnish notification of any hearing or hearings held,
wherein any licensee or his employee is found to have sold liquor to a minor, to the prosecuting attorney
of the county in which the sale took place, upon which the prosecuting attorney may formulate charges
against said minor or minors for such violation of RCW 66.44.290 as may appear.
[1981 1 st ex.s.c 5 § 23; 1965 c 49§3.1
NOTES:
Severability— Effective date -- 1981 1st ex.s. c 5: See RCW 66.98.090 and 66.98.100.
RCW 66.44.300
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RCW 66 . 44 CHAPTER. Page 13 of 17
Treats, gifts, purchases of liquor for or from minor, or holding out minor as at least twenty-one, in
public place where liquor sold.
Any person who invites a minor into a public place where liquor is sold and treats, gives or purchases
liquor for such minor, or permits a minor to treat, give or purchase liquor for the adult; or holds out such
minor to be twenty-one years of age or older to the owner or employee of the liquor establishment, a law
enforcement officer, or a liquor enforcement officer shall be guilty of a misdemeanor.
[I994 c 201 § 7; 1941 c 78§ 1;Rem. Supp. 1941 § 7306-37A]
RCW 66.44.310
Minors frequenting off-limits area -- Misrepresentation of age -- Penalty-- Classification of
licensees.
(1) Except as otherwise provided by RCW 66.44.316 and 66.44.350, it shall be a misdemeanor:
(a) To serve or allow to remain in any area classified by the board as off-limits to any person under
the age of twenty-one years;
(b) For any person under the age of twenty-one years to enter or remain in any area classified as of
limits to such a person, but persons under twenty-one years of age may pass through a restricted area in
a facility holding a spirits, beer, and wine private club license;
(c) For any person under the age of twenty-one years to represent his or her age as being twenty-one
or more years for the purpose of purchasing liquor or securing admission to, or remaining in any area
classified by the board as off-limits to such a person.
(2)The Washington state liquor control board shall have the power and it shall be its duty to classify
licensed premises or portions of licensed premises as off-limits to persons under the age of twenty-one
years of age.
[1998 c 126§ 14; 1997 c 321 § 53; 1994 c 201 § 8; 1981 1st ex.s.c 5 §24; 1943 c 245 § l (adding new section 36-A to 1933
ex.s.c 62);Rem. Supp. 1943 § 7306-36A. Formerly RCW 66.24.130 and 66.44.310.]
NOTES:
Effective date-- 1998 c 126: See note following RCW 66.20.010.
Effective date -- 1997 c 321: See note following RCW 66.24.010.
Severability— Effective date -- 1981 1st ex.s. c 5: See RCW 66.98.090 and 66.98.100.
Minors, access to tobacco, role of liquor control board: Chapter 70.155 RCW.
RCW 66.44.316
Certain persons eighteen years and over permitted to enter and remain upon licensed premises
during employment.
It is lawful for:
(1) Professional musicians, professional disc jockeys, or professional sound or lighting technicians
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actively engaged in support of professional musicians or professional disc jockeys, eighteen years of age
and older, to enter and to remain in any premises licensed under the provisions of Title 66 RCW, but
only during and in the course of their employment as musicians, disc jockeys, or sound or lighting
technicians;
(2) Persons eighteen years of age and older performing janitorial services to enter and remain on
premises licensed under the provisions of Title 66 RCW when the premises are closed but only during
and in the course of their performance of janitorial services;
(3) Employees of amusement device companies, which employees are eighteen years of age or older,
to enter and to remain in any premises licensed under the provisions of Title 66 RCW,but only during
and in the course of their employment for the purpose of installing, maintaining, repairing, or removing
an amusement device. For the purposes of this section amusement device means coin-operated video
games, pinball machines,juke boxes, or other similar devices; and
(4) Security and law enforcement officers, and tire fighters eighteen years of age or older to enter and
to remain in any premises licensed under Title 66 RCW, but only during and in the course of their
official duties and only if they are not the direct employees of the licensee. However, the application of
the (this] subsection to security officers is limited to casual, isolated incidents arising in the course of
their duties and does not extend to continuous or frequent entering or remaining in any licensed
premises.
This section shall not be construed as permitting the sale or distribution of any alcoholic beverages to
any person under the age of twenty-one years.
[1985 c 323 § 1; 1984 c 136§ 1; 1980 c 22 § 1; 1973 1st ex.s.c 96 § 1.]
RCW 66.44.318
Employees aged eighteen to twenty-one stocking, merchandising, and handling beer and wine.
Licensees holding nonretail class liquor licenses are permitted to allow their employees between [the]
ages of eighteen and twenty-one to stock, merchandise, and handle beer or wine on or about the
nonretail premises if there is an adult twenty-one years of age or older on duty supervising such
activities on the premises.
[1995 c 100§2.]
RCW 66.44.325
Unlawful transfer to minor of age identification.
Any person who transfers in any manner an identification of age to a minor for the purpose of permitting
such minor to obtain alcoholic beverages shall be guilty of a misdemeanor punishable as provided by
RCW 9A.20.021, except that a minimum fine of two hundred fifty dollars shall be imposed and any
sentence requiring community restitution shall require not fewer than twenty-five hours of community
restitution: PROVIDED,That corroborative testimony of a witness other than the minor shall be a
condition precedent to conviction.
[2002 c 175 §43; 1987 c 101 §2; 1961 c 147 § 1.]
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RCW 66 . 44 CHAPTER Page 15 of 17
NOTES:
Effective date-- 2002 c 175: See note following RCW 7.80.130.
Cards of identification: RCW 66.20.160 through 66.20.210.
RCW 66.44.328
Preparation or acquisition and supply to persons under age twenty-one of facsimile of official
identification card-- Penalty.
No person may forge, alter, counterfeit, otherwise prepare or acquire and supply to a person under the
age of twenty-one years a facsimile of any of the officially issued cards of identification that are
required for presentation under RCW 66.16.040. A violation of this section is a gross misdemeanor
punishable as provided by RCW 9A.20.021 except that a minimum fine of two thousand five hundred
dollars shall be imposed.
[1987 c 101 §3.i
RCW 66.44330
Prosecutions to he reported by prosecuting attorney and police court.
See RCW 36.27.020(12).
RCW 66.44.340
Employees eighteen years and over allowed to sell and handle beer and wine for certain licensed
employers.
Employers holding grocery store or beer and/or wine specialty shop licenses exclusively are permitted to
allow their employees, between the ages of eighteen and twenty-one years, to sell, stock, and handle
beer or wine in, on or about any establishment holding a grocery store or beer and/or wine specialty
shop license exclusively: PROVIDED,That there is an adult twenty-one years of aee or older on duty
supervising the sale of liquor at the licensed premises: PROVIDED, That minor employees may make
deliveries of beer and/or wine purchased from licensees holding grocery store or beer and/or wine
specialty shop licenses exclusively, when delivery is made to cars of customers adjacent to such licensed
premises but only, however, when the minor employee is accompanied by the purchaser.
[1999 c 281 § 11; 1986 c 5§ 1; 1981 1st ex.s.c 5§48; 1969 ex.s.c 38§ 1.]
NOTES:
E'S:
Severability-- Effective date-- 1981 1st ex.s. c 5: See RCW 66.98.090 and 66.98.100.
RCW 66.44.350
Employees eighteen years and over allowed to serve and carry liquor, clean up, etc., for certain
licensed employers.
- Notwithstanding provisions of R.CW 66.44.310, employees holding beer and/or wine restaurant; beer
and/or wine private club; snack bar; spirits, beer, and wine restaurant; spirits,beer, and wine private
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club; and sports entertainment facility licenses who are licensees eighteen years of age and over may
take orders for, serve and sell liquor in any part of the licensed premises except cocktail lounges, bars, or
other areas classified by the Washington state liquor control board as off-limits to persons under twenty-
one years of age: PROVIDED, That such employees may enter such restricted areas to perform work
assignments including picking up liquor for service in other parts of the licensed premises, performing
clean up work, setting up and arranging tables, delivering supplies, delivering messages, serving food,
and seating patrons: PROVIDED FURTHER, That such employees shall remain in the areas off-limits
to minors no longer than is necessary to carry out their aforementioned duties: PROVIDED FURTHER,
That such employees shall not be permitted to perform activities or functions of a bartender.
[1999 c 281 § 12; 1988 c 160§ 1; 1975 1st ex.s.c 204§ 1.)
RCW 66.44.365
Juvenile driving privileges-- Alcohol or drug violations.
(1) if a juvenile thirteen years of age or older and under the age of eighteen is found by a court to have
committed any offense that is a violation of this chapter, the court shall notify the department of
licensing within twenty-four hours after entry of the judgment.
(2) Except as otherwise provided in subsection (3) of this section, upon petition of a juvenile whose
privilege to drive has been revoked pursuant to RCW 46.20.265, the court may notify the department of
licensing that the juvenile's privilege to drive should be reinstated.
(3) If the conviction is for the juvenile's first violation of this chapter or chapter 69.41, 69.50, or
69.52 RCW, a juvenile may not petition the court for reinstatement of the juvenile's privilege to drive
revoked pursuant to RCW 46.20.265 until the later of ninety days after the date the juvenile turns sixteen
or ninety days after the judgmient was entered. If the conviction was for the juvenile's second or
subsequent violation of this chapter or chapter 69.41, 69.50, or 69.52 RCW, the juvenile may not
petition the court for reinstatement of the juvenile's privilege to drive revoked pursuant to RCW
46.20.265 until the later of the date the juvenile turns seventeen or one year after the date judgment was
entered.
[1989 c 271 § 118; 1988 c 148 §3.]
NOTES:
Severability-- 1989 c 271: See note following RCW 9.94A.510.
Legislative finding-- Severability-- 1988 c :148: See notes following RCW 13.40.265.
RCW 66.44.370
Resisting or opposing officers in enforcement of title.
No person shall knowingly or wilfully resist or oppose any state, county, or municipal peace officer, or
liquor enforcement officer, in the discharge of his/her duties under Title 66 RCW, or aid and abet such
resistance or opposition. Any person who violates this section shall be guilty of a violation of this title
' and subject to arrest by any such officer.
[1981 1st ex.s.c 5 § 27.]
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RCW 66 . 44 CHAPTER Page 17 of 17
NOTES:
' Severability-- Effective date-- 1981 1st ex.s. c.5: See RCW 66.98.090 and 66.98.100.
RCW 66.44.800
Compliance by Washington wine commission.
Nothing contained in chapter 15.88 RCW shall affect the compliance by the Washington wine
commission with this chapter.
[1987 c 452 $ 17.]
NOTES:
Construction -- Effective dates — Severability— 1987 c 452: See RCW 15.88.900 through
15.88.902.
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RCW 9.08.030
False certificate of registration of animals -- False representation as to breed.
Every person who, by color or aid of any false pretense, representation, token or writing
shall obtain from any club, association, society or company for the improvement of the
breed of cattle, horses, sheep, swine, fowls or other domestic animals or birds, a certificate
of registration of any animal or bird in a herdbook, or other register of any such
association, society or company, or a transfer of any such registration, and every person
who shall knowingly represent an animal or bird for breeding purposes to be of a greater
degree of any particular strain of blood than such animal actually possesses, shall be guilty
of a gross misdemeanor.
[1909 c 249§ 341;RRS§2593.j
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RCW 9.08.065
Definitions. (Effective until July 1, 2004.)
As used in RCW 9.08.070:
(1) "Pet animal" means a tamed or domesticated animal legally retained by a person
and kept as a companion. "Pet animal" does not include livestock raised for commercial
purposes.
(2) "Research institution" means a facility licensed by the United States department of
agriculture to use animals in biomedical or product research.
(3) "U.S.D.A. licensed dealer" means a person who is licensed or required to be
licensed by the United States department of agriculture to commercially buy, receive, sell,
negotiate for sale, or transport animals.
[1989 a 359 ; 1.]
RCW 9.08.065
Definitions. (Effective July 1, 2004.)
As used in RCW 9.08.070 through 9.08.078:
(1) "Pet animal" means a tamed or domesticated animal legally retained by a person
and kept as a companion. "Pet animal" does not include livestock raised for commercial
. purposes.
(2) "Research institution" means a facility licensed by the United States department of
agriculture to use animals in biomedical or product research.
(3) "U.S.D.A. licensed dealer" means a person who is licensed or required to be
licensed by the United States department of agriculture to commercially buy, receive, sell,
negotiate for sale, or transport animals.
[2003 c 53 * 8; 1989 e 359 j 1.]
NOTES:
intent-- Effective date-- 2003 c 53: See notes following RCW 2.48.180.
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RCW 9.08.070
Pet animals — Taking, concealing, injuring, killing, etc.-- Penalty. (Effective until
July 1, 2004.)
(1) Any person who, with intent to deprive or defraud the owner thereof, does any of the
following shall be guilty of a gross misdemeanor and shall be punished as prescribed
• under RCW 9A.20.021(2) and by a mandatory fine of not less than five hundred dollars
per pct animal except as provided by(d) of this subsection:
(a) Takes, leads away, confines, secretes or converts any pet animal, except in cases in
which the value of the pet animal exceeds two hundred fifty dollars;
(b) Conceals the identity of any pet animal or its owner by obscuring, altering, or
removing from the pet animal any collar, tag, license, tattoo, or other identifying device or
mark.
(c) Willfully or recklessly kills or injures any pet animal, unless excused by law.
(d) Nothing in this subsection or subsection(2) of this section shall prohibit a person
from also being convicted of separate offenses under RCW 9A.56.030, 9A.56.040, or
9A.56.050 for theft or under RCW 9A.56.150, 9A.56.160, or 9A.56.170 for possession of
stolen property.
(2)(a) It is unlawful for any person to receive with intent to sell to a research institution
in the state of Washington, or sell or otherwise directly transfer to a research institution in
the state of Washington, a pet animal that the person knows or has reason to know has
been stolen or fraudulently obtained. This subsection does not apply to U.S.D.A. licensed
dealers.
(b) The first conviction under(a) of this subsection is a gross misdemeanor and is
punishable as prescribed under RCW 9A.20.021(2) and by a mandatory fine of not less
than five hundred dollars per pet animal. A second or subsequent conviction under(a)of
this subsection is a class C felony and is punishable as prescribed under RCW 9A.20.021
(1)(c) and by a mandatory fine of not less than one thousand dollars per pet animal.
(3)(a) It is unlawful for any person, who knows or has reason to know that a pet animal
has been stolen or fraudulently obtained, to sell or otherwise transfer the pet animal to
another who the person knows or has reason to know has previously sold a stolen or
fraudulently obtained pet animal to a research institution in the state of Washington.
(b) A conviction under(a) of this subsection is a class C felony and shall be punishable
as prescribed under RCW 9A.20.021(1)(c) and by a mandatory fine of not less than one
thousand dollars per pet animal.
(4)(a) It is unlawful for a I.S.D.A. licensed dealer to receive with intent to sell, or sell
or transfer directly or through a third party, to a research institution in the state of
Washington, a pet animal that the dealer knows or has reason to know has been stolen or
fraudulently obtained.
(b) A conviction under(a) of this subsection is a class C felony and shall be punishable
as prescribed under RCW 9A.20.021(1)(c) and by a mandatory fine of not less than one
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thousand dollars per pet animal.
(5) The sale, receipt, or transfer of each individual pet animal in violation of
subsections (1), (2), (3), and (4) of this section constitutes a separate offense.
(6) The provisions of subsections (1), (2), (3), and (4) of this section shall not apply to
the lawful acts of any employee, agent, or director of any humane society, animal control
agency, or animal shelter operated by or on behalf of any government agency, operating
under law.
[1989 c 359§ 2; 1982 c 114 § 1.]
NOTES:
Application of Consumer Protection Act: RCW 19.86.145.
RCW 9.08.070
Pet animals -- Taking, concealing, injuring, killing, etc.— Penalty. (Effective July
2004.)
(1) Any person who, with intent to deprive or defraud the owner thereof, does any of the
following shall be guilty of a gross misdemeanor punishable according to chapter 9A.20
RCW and by a mandatory fine of not less than five hundred dollars per pet animal, except
as provided by subsection (2) of this section:
(a)Takes, leads away, confines, secretes or converts any pet animal, except in cases in
which the value of the pet animal exceeds two hundred fifty dollars;
(b) Conceals the identity of any pet animal or its owner by obscuring, altering, or
removing from the pet animal any collar, tag, license, tattoo, or other identifying device or
mark;
(c) Willfully or recklessly kills or injures any pet animal, unless excused by law.
(2)Nothing in this section shall prohibit a person from also being convicted of separate
offenses under RCW 9A.56.030, 9A.56.040, or 9A.56.050 for theft or under RCW
9A.56.150, 9A.56.160, or 9A.56.170 for possession of stolen property.
[2003 c 53 § 9; 1989 c 359§2; 1982 c 114§ 1.]
NOTES:
Intent-- Effective date -- 2003 c 53: See notes following RCW 2.48.180.
Application of Consumer Protection Act: RCW 19.86.145.
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RCW 16.52.080
Transporting or confining in unsafe manner-- Penalty.
Any person who wilfully transports or confines or causes to be transported or confined any
domestic animal or animals in a manner, posture or confinement that will jeopardize the Page 1 of 1.
safety of the animal or the public shall be guilty of a misdemeanor. And whenever any •
such person shall be taken into custody or be subject to arrest pursuant to a valid warrant
therefor by any officer or authorized person, such officer or person may take charge of the
animal or animals; and any necessary expense thereof shall be a lien thereon to be paid
before the animal or animals may he recovered; and if the expense is not paid, it may be
recovered from the owner of the animal or the person guilty.
[1982 c 114 5; 1974 ex.s. c 12§ 1; 1901 c 146 § 5; R.R.S § 3188.Prior: ]593 0 27§ 2,parr; Code 1881 §
930,part_
NOTES:
Cruelty to stock in transit: RCW 81,56.20.
I
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RCW 16.52.100
Confinement without food and water-- Intervention by others.
•
If any domestic animal is impounded or confined without necessary food and water for
more than thirty-six consecutive hours, any person may, from time to time, as is necessary,
enter into and open any pound or place of confinement in which any domestic animal is
confined, and supply it with necessary food and water so long as it is confined. The person
shall not be liable to action for the entry, and may collect from the animal's owner the
reasonable cost of the food and water. The animal shall be subject to attachment for the
costs and shall not be exempt from levy and sale upon execution issued upon a judgment.
If an investigating officer finds it extremely difficult to supply confined animals with food
and water, the officer may remove the animals to protective custody for that purpose.
[1994 c 261 j 10; 1982 c 114§6; 1901 c 146§ 12;R.RS§ 3195.]
NOTES:
Finding— Intent-- 1994 c 261: See note following RCW 16.52.011.
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RCW 16.52.117
Animal fighting-- Owners, trainers, spectators -- Exceptions.
(1) Any person who does any of the following is guilty of a gross misdemeanor punishable
by imprisonment not to exceed one year, or by a fine not to exceed five thousand dollars,
or by both fine and imprisonment:
(a) Owns, possesses, keeps, or trains any animal with the intent that the animal shall be
engaged in an exhibition of fighting with another animal;
(b)For amusement or gain causes any animal to fight with another animal, or causes
any animals to injure each other; or
(c) Permits any act in violation of(a) or(b) of this subsection to be done on any
premises under his or her charge or control, or promotes or aids or abets any such act.
(2)Any person who is knowingly present, as a spectator, at any place or building where
preparations are being made for an exhibition of the fighting of animals, with the intent to
be present at such preparations, or is knowingly present at such exhibition or at any other
fighting or injuring as described in subsection (1)(b) of this section, with the intent to be
present at such exhibition, fighting, or injuring, is guilty of a misdemeanor.
(3)Nothing in this section may prohibit the following:
(a) The use of dogs in the management of livestock, as defined by chapter 16.57 RCW,
by the owner of the livestock or the owner's employees or agents or other persons in lawful
custody of the livestock;
(b) The use of dogs in hunting as permitted by law; or
(c)The training of animals or the use of equipment in the training of animals for any
purpose not prohibited by law.
[1994c261 § 11; 1982c 114§9.]
NOTES:
Finding-- intent-- 1994 c 261: See note following RCW 16.52.011.
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RCW 16.52.190
Poisoning animals. (Effective until July 1, 2004.)
(1) Except as provided in subsections (2) and (3) of this section, a person is guilty of the
crime of poisoning animals if the person intentionally or knowingly poisons an animal
under circumstances which do not constitute animal cruelty in the first degree.
(2) Subsection(1) of this section shall not apply to euthanizing by poison an animal in a
lawful and humane manner by the animal's owner, or by a duly authorized servant or agent
of the owner, or by a person acting pursuant to instructions from a duly constituted public
authority.
(3) Subsection (1) of this section shall not apply to the reasonable use of rodent or pest
poison, insecticides, fungicides, or slug bait for their intended purposes. As used in this
section, the term "rodent" includes but is not limited to Columbia ground squirrels, other
ground squirrels,rats, mice, gophers, rabbits, and any other rodent designated as injurious
to the agricultural interests of the state as provided in *chapter 17.16 RCW. The term
"pest" as used in this section includes any pest as defined in RCW 17.21.020.
[1994 c 261 j 13; 1941 c 105 § 1;RRS§ 3207-I.Formerly RCW 16.52.150,part.]
NOTES:
*Reviser's note: Chapter 17.16 RCW was repealed by 1994 c 11 § 1.
Finding-- Intent— 1994 c 261: See note following RCW 16.52.011.
RCW 16.52.190
Poisoning animals—Penalty. (Effective July 1, 2004.)
(1) Except as provided in subsections (2) and (3) of this section, a person is guilty of the
crime of poisoning animals if the person intentionally or knowingly poisons an animal
under circumstances which do not constitute animal cruelty in the first degree.
(2) Subsection(1) of this section shall not apply to euthanizing by poison an animal in a
lawful and humane manner by the animal's owner, or by a duly authorized servant or agent
of the owner, or by a person acting pursuant to instructions from a duly constituted public
authority.
(3) Subsection(1) of this section shall not apply to the reasonable use of rodent or pest
poison, insecticides, fungicides, or slug bait for their intended purposes. As used in this
section, the term "rodent" includes but is not limited to Columbia ground squirrels, other
ground squirrels, rats, mice, gophers, rabbits, and any other rodent designated as injurious
to the agricultural interests of the state as provided in *chapter 17.16 RCW. The term
"pest" as used in this section includes any pest as defined in RCW 17.21.020.
(4) A person violating this section is guilty of a gross misdemeanor.
•
[2003 c 53 § 111; 1994 c 261 § 13; 1941 c 105 j 1;RRS§ 3207-1. Formerly RCW 16.52.150,part.]
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NOTES:
*Reviser's note: Chapter 17.16 RCW was repealed by 1994 c 11 § 1.
Intent-- Effective date-- 2003 c 53: See notes following RCW 2.48.180.
Finding-- Intent-- 1994 c 261: See note following RCW 16.52.011.
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RCW 16.52.195
Poisoning animals -- Penalty. (Effective until July 1, 2004.)
Any person violating any of the provisions of RCW 16.52.190 or 16.52.193 shall be guilty
of a cross misdemeanor.
[1941 c-105 § 3;RRS §3207-3. Formerly RCW 16.52.150,part.]
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RCW 16.52.207
Animal cruelty in the second degree.
(1)A person is guilty of animal cruelty in the second degree if, under circumstances not
amounting to first degree animal cruelty, the person knowingly, recklessly, or with
criminal negligence inflicts unnecessary suffering or pain upon an animal.
(2) An owner of an animal is guilty of animal cruelty in the second degree if,under
circumstances not amounting to first degree animal cruelty, the owner knowingly,
recklessly, or with criminal negligence:
(a) Fails to provide the animal with necessary food, water, shelter, rest, sanitation,
ventilation, space, or medical attention and the animal suffers unnecessary or unjustifiable
physical pain as a result of the failure; or
(b) Abandons the animal.
(3) Animal cruelty in the second degree is a misdemeanor.
(4) In any prosecution of animal cruelty in the second degree, it shall be an affirmative
defense, if established by the defendant by a preponderance of the evidence, that the
defendant's failure was due to economic distress beyond the defendant's control.
[1994c261 §9.]
NOTES:
Finding— Intent— 1994 c 261: See note following RCW 16.52.011.
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RCW 16.52.300
Dogs or cats used as bait-- Seizure — Limitation.
(1) If any person commits the crime of animal cruelty in the first or second degree by
using or trapping to use domestic dogs or cats as bait, prey, or targets for the purpose of
training dogs or other animals to track, fight, or hunt, law enforcement officers or animal
control officers shall seize and hold the animals being trained. The seized annuals shall be
disposed of by the court pursuant to the provisions of RCW 16.52.200(3).
(2) This section shall not in any way interfere with or impair the operation of any
provision of Title 28B RCW, relating to higher education or biomedical research.
[1994 c 261 § 15; 1990 c 226 § 1.]
NOTES:
Finding-- Intent— 1994 c 261: See note following RCW 16.52.011.
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RCW 9A.36.041.
Assault in the fourth degree.
(1) A person is guilty of assault in the fourth degree if, under circumstances not amounting
to assault in the first, second, or third degree, or custodial assault, he or she assaults
another.
(2) Assault in the fourth degree is a gross misdemeanor.
[1987c188§2; 1986c257§ 7.]
NOTES:
Effective date — 1986 c 257 §§ 3-10: See note following RCW 9A.04.110.
Effective date -- 1987 c 188: See note following RCW 9A.36.100.
Severability-- 1986 c 257: See note following RCW 9A.56.010.
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RCW 9A.36.050
Reckless endangerment,
(1)A person is guilty of reckless endangerment when he or she recklessly engages in
conduct not amounting to drive-by shooting but that creates a substantial risk of death or
serious physical injury to another person.
(2) Reckless endangerment is a gross misdemeanor.
[19'97 c 338 §45; 1989 c 271 § 110; 1975 1st ex.s. c 260§ 9A,36.050.]
NOTES:
Finding-- Evaluation -- Report— 1997 c 338: See note following RCW 13.40.0357.
Severability— Effective dates -- 1997 c 338: See notes following RC\'V 5.60.060.
Finding-- Intent— 1989 c 271 §§ 102, 109, and 11.0: "The legislature finds that
increased trafficking in illegal drugs has increased the likelihood of"drive-by shootings."
It is the intent of the legislature in sections 102, 109, and 110 of this act to categorize such
reckless and criminal activity into a separate crime and to provide for an appropriate
punishment." [1989 c 271 § 108.]
Application— 1989 c 271 §§ 101-111: See note following RCW 9.94A.510.
•
Severability-- 1989 c 271: See note following RCW 9.94A.510.
Criminal history and driving record: RCW 46.61.513.
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RCW 9A.36.070
Coercion.
(1)A person is guilty of coercion if by use of a threat he compels or induces a person to
engage in conduct which the latter has a legal right to abstain from, or to abstain from
conduct which he has a legal right to engage in.
(2) "Threat" as used in this section means:
(a) To communicate, directly or indirectly, the intent immediately to use force against
any person who is present at the time; or
(b)Threats as defined in RCW 9A.04.110(25)(a), (b), or (c).
(3) Coercion is a gross misdemeanor.
[1975 1st ex.s.c 260§ 9A.36.070.]
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RCW 9.18.120
( Suppression of competitive bidding. (Effective until July 1, 2004.)
When any competitive bid or bids are to be or have been solicited, requested, or advertised
for by the state of Washington, or any county, city, town or other municipal corporation
therein, or any department of either thereof, for any work or improvement to be done or
constructed for or by such state, county, city, town, or other municipal corporation, or any
department of either thereof, it shall be unlawful for any person acting for himself or as
agent of another, or as agent for or as a member of any partnership, unincorporated firm or
association, or as an officer or agent of any corporation, to offer, give, or promise to give,
any money, check, draft, property, or other thing of value, to another or to any firm,
association, or corporation for the purpose of inducing such other person, fine,
association, or corporation, either to refrain from submitting any bids upon such public
work or improvement, or to enter into any agreement, understanding or arrangement
whereby full and unrestricted competition for the securing of such public work will be
suppressed, prevented, or eliminated; and it shall be unlawful for any person to solicit,
accept, or receive any money, check, draft, property, or other thing of value upon a
promise or understanding, express or implied, that he individually or as an agent or officer
of another person, persons, or corporation, will refrain from bidding upon such public
work or improvement, or that he will on behalf of himself or such others submit or permit
another to submit for him any bid upon such public work or improvement in such sum as
to eliminate full and unrestricted competition thereon.
[1921 c 12§ 1;RRS§2333-1.i
RCW 9.18.120
Suppression of competitive bidding. (Effective July 1, 2004.)
(1) When any competitive hid or bids are to be or have been solicited, requested, or
advertised for by the state of Washington, or any county, city, town or other municipal
corporation therein, or any department of either thereof, for any work or improvement to
be done or constructed for or by such state, county, city, town, or other municipal
corporation, or any department of either thereof, it shall be unlawful for any person acting
for himself or herself or as agent of another, or as agent for or as a member of any
partnership, unincorporated firm or association, or as an officer or agent of any
corporation, to offer, give, or promise to give, any money, check, draft, property, or other
thing of value, to another or to any firm, association, or corporation for the purpose of
inducing such other person, firm, association, or corporation, either to refrain from
submitting any bids upon such public work or improvement, or to enter into any
agreement, understanding or arrangement whereby full and unrestricted competition for
the securing of such public work will be suppressed, prevented, or eliminated; and it shall
be unlawful for any person to solicit, accept, or receive any money, check, draft, property,
or other thing of value upon a promise or understanding, express or implied, that he or she
individually or as an agent or officer of another person, persons, or corporation, will
refrain from bidding upon such public work or improvement, or that he or she will on
behalf of himself or herself or such others submit or permit another to submit for him or
her any bid upon such public work or improvement in such sum as to eliminate full and
unrestricted competition thereon.
(2) A person violating this section is guilty of a gross misdemeanor.
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[2003 c 53 § 15; 1921 c 12§ 1;R.RS§ 2333-1.]
f l NOTES:
Intent-- Effective date— 2003 c 53: See notes following RCW 2.48.180.
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RCW 9.18.130
Collusion to prevent competitive bidding. (Effective until July 1, 2004.)
It shall be unlawful for any person for himself or as an agent or officer of any other person,
persons, or corporation to in any manner enter into collusion or an understanding with any
other person, persons, or corporation to prevent or eliminate full and unrestricted
competition upon any public work or improvement mentioned in RCW 9.18.120.
(1921 c 12 ti 2;RRS§2333-2.]
RCW 9.18.130
Collusion to prevent competitive bidding— Penalty. (Effective July 1, 2004.)
(1) It shall be unlawful for any person for himself or herself or as an agent or officer of any
other person,persons, or corporation to in any manner enter into collusion or an
understanding with any other person, persons, or corporation to prevent or eliminate full
and unrestricted competition upon any public work or improvement mentioned in RCW
9.18.120.
(2) A person violating this section is guilty of a gross misdemeanor.
[2003 c 53 § 16; 1921 c 12 § 2;RRS § 2333-2.]
NOTES:
Intent-- Effective date -- 2003 c 53: See notes following RCW 2A8.180.
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RCW 9.18.140
Penalty. (Effective until July 1, 2004.)
Any person violating any provisions of RCW 9.18.120 through 9.18.150 shall be guilty of
a gross misdemeanor.
[1921 c 12 §3; RRS §2333-3.]
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RC"W 69.c0.112
Drug paraphernalia -- Definitions.
(a) As used in this chapter, "drug paraphernalia" means all equipment, products, and
materials or any kind which are used, intended for use, or designed for use in planting,
propagating, cultivating, growing, harvesting, manufacturing, compounding, converting,
producing, processing, preparing, testing, analyzing, packaging, repackaging, storing,
containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the
human body a controlled substance, It includes, but is not limited to
(1) fits used, intended for use, or designed for use in planting, propagating, cultivating,
growing, or harvesting of any species of plant which is a controlled substance or from
which a controlled substance can be derived;
( ) Kits used, intended For use, or designed for use in manufacturing, compounding,
converting, producing, processing, or preparing controlled substances;
(3) Isomerization devices used, intended for use, or designed for use in increasing the
potency of any species of plant which is a controlled substance;
(4) Testing equipment used, intended for use, or designed for use in identifying or in
analyzing the strength, eRectiveness, or purity of controlled substances;
(5) Scales and balances used, intended For use, or designed for use in weighing or
F.. measuring controlled substances;
(6) Diluents and adulterants, such as quinine hydrochloride, mannitol, marmite,
dextrose, and lactose, used, intended for use, or designed for use in cutting controlled
substances;
(7) Separation gins and sifters used, intended for use, or designed for use in removing
twigs and seeds from, or in otherwise cleaning or refining, marihuana;
(8) Blenders, bowls, containers, spoons, and mixing devices used, intended for use, or
designed for use in compounding controlled substances;
(9) Capsules, balloons, envelopes, and other containers used, intended for use, or
designed for use in packaging small quantities of controlled substances;
(10) Containers and other objects used, intended for use, or designed for use in storing
or concealing controlled substances;
(11) Hypodermic syringes, needles, and other objects used, intended for use, or
designed for use in parenterally injecting controlled substances into the human body;
(12) Objects used, intended for use, or designed for use in ingesting, inhaling, or
otherwise introducing marihuana, cocaine, hashish, or hashish. oil into the human body,
such as:
(i) Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without
screens, permanent screens, hashish heads, or punctured metal bowls;
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(ii) Water pipes;
/
(iii) Carburetion tubes and devices;
(iv) Smoking and carburation masks;
(v) Roach clips: Meaning objects used to hold burning material, such as a marihuana
cigarette, that has become too small or too short to be held in the hand;
(vi) Miniature cocaine spoons, and cocaine vials;
(vii) Chamber pipes;
(viii) Carburetor pipes;
(ix) Electric pipes;
(x) Air-driven pipes;
(xi) Chillums;
(xii) Bongs; and
(xiii) ice pipes or chillers.
(b) In determining whether an object is drug paraphernalia under this section, a court or
other authority should consider, in addition to all other logically relevant factors, the
following:
(1) Statements by an owner or by anyone in control of the object concerning its use;
(2) Prior convictions, if any, of an owner, or of anyone in control of the object, under
any state or federal law relating to any controlled substance;
(3)The proximity of the object, in time and space, to a direct violation of this chapter;
(4) The proximity of the object to controlled substances;
(5) The existence of any residue of controlled substances on the object;
(6) Direct or circumstantial evidence of the intent of an owner, or of anyone in control
of the object, to deliver it to persons whom he knows, or should reasonably know, intend
to use the object to facilitate a violation of this chapter; the innocence of an owner, or of
anyone in control of the object, as to a direct violation of this chapter shall not prevent a
finding that the object is intended or designed for use as drug paraphernalia;
(7) Instructions, oral or written, provided with the object concerning its use;
(8) Descriptive materials accompanying the object which explain or depict its use;
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(9) National and local advertising concerning its use;
(10) The manner in which the object is displayed for sale;
(11) Whether the owner, or anyone in control of the object, is a legitimate supplier of
like or related items to the community, such as a licensed distributor or dealer of tobacco
products;
(12) Direct or circumstantial evidence of the ratio of sales of the object(s) to the total
sales of the business enterprise;
(13) The existence and scope of legitimate uses for the object in the community; and
(14) Expert testimony concerning its use.
[1981c48 § 1.]
NOTES:
Severability -- 1981 c 48: "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." [1981 c 48 § 4]
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.R W 6 .0.412
Prohibited acts: E -- Penalties.
(I) It is unlawful for any person to use drug paraphernalia to plant, propagate, cultivate,
grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze,
pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the
human body a controlled substance. Any person who violates this subsection is guilty of a
misdemeanor.
(2) it is unlawful for any person to deliver, possess with intent to deliver, or
manufacture with intent to deliver drug paraphernalia, knowing, or under circumstances
where one reasonably should know, that it will be used to plant, propagate, cultivate, grow,
harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack,
repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human
body a controlled substance. Any person who violates this subsection is guilty of a
misdemeanor.
(3) Any person eighteen years of age or over who violates subsection (2) of this section
by delivering drug paraphernalia to a person under eighteen years of age who is at least
three years his junior is guilty of a gross misdemeanor.
(4) It is unlawful for any person to place in any newspaper, magazine, handbill, or other
publication any advertisement, knowing, or under circumstances where one reasonably
should know, that the purpose of the advertisement, in whole or in part, is to promote the
sale of objects designed or intended for use as drug paraphernalia. Any person who
ti ) violates this subsection is guilty of a misdemeanor.
(5) It is lawful for any person over the age of eighteen to possess sterile hypodermic
syringes and needles for the purpose of reducing bloodborne diseases.
•
[2002 213 § U 19$1 c4$ b 2]
•
NOTES:
Severability — 1981 c 48: See note following. CW 69.50,rt 02.
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RCW 69.50.101
Definitions.
Unless the context clearly requires otherwise, definitions of terms shall be as indicated
where used in this chapter:
(a) "Administer" means to apply a controlled substance, whether by injection,
inhalation, ingestion, or any other means, directly to the body of a patient or research
subject by:
(l) a practitioner authorized to prescribe (or, by the practitioner's authorized agent); or
(2) the patient or research subject at the direction and in the presence of the practitioner.
(b) "Agent" means an authorized person who acts on behalf of or at the direction of a
manufacturer, distributor, or dispenser. it does not include a common or contract carrier,
public warehouseperson, or employee of the carrier or warehouseperson.
(c) "Board" means the state board of pharmacy.
(d) "Controlled substance" means a drug, substance, or immediate precursor included in
Schedules I through V as set forth in federal or state laws, or federal or board rules.
(e)(1) "Controlled substance analog" means a substance the chemical structure of which
is substantially similar to the chemical structure of a controlled substance in Schedule 1 or
• II and:
(i) that has a stimulant, depressant, or hallucinogenic effect on the central nervous
system substantially similar to the stimulant, depressant, or hallucinogenic effect on the
central nervous system of a controlled substance included in Schedule I or II; or
(ii) with respect to a particular individual, that the individual represents or intends to
have a stimulant, depressant, or hallucinogenic effect on the central nervous system
substantially similar to the stimulant, depressant, or hallucinogenic effect on the central
nervous system of a controlled substance included in Schedule I or II.
(2) The term does not include:
(i) a controlled substance;
(ii) a substance for which there is an approved new drug application;
(iii) a substance with respect to which an exemption is in effect for investigational use
by a particular person under Section 505 of the federal Food, Drug and Cosmetic Act, 21
U.S.C. Sec. 355, to the extent conduct with respect to the substance is pursuant to the
exemption; or
(iv) any substance to the extent not intended for human consumption before an
exemption takes effect with respect to the substance.
(0 "Deliver" or "delivery," means the actual or constructive transfer from one person to
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another of a substance, whether or not there is an agency relationship.
(g) "Department" means the department of health. -
(h) "Dispense" means the interpretation of a prescription or order for a controlled
substance and, pursuant to that prescription or order, the proper selection, measuring,
compounding, labeling, or packaging necessary to prepare that prescription or order for
deli very.
(i) "Dispenser" means a practitioner who dispenses.
(j) "Distribute" means to deliver other than by administering or dispensing a controlled
substance.
(k) "Distributor" means a person who distributes.
(1) "Drug" means (1) a controlled substance recognized as a drug in the official United
States pharmacopoeia/national formulary or the official homeopathic pharmacopoeia of
the United States, or any supplement to them; (2) controlled substances intended for use in
the diagnosis, cure,mitigation, treatment, or prevention of disease in individuals or
animals; (3) controlled substances (other than food) intended to affect the structure or any
function of the body of individuals or animals; and (4) controlled substances intended for
use as a component of any article specified in (1), (2), or(3) of this subsection. The term
does not include devices or their components, parts, or accessories.
(m) "Drug enforcement administration" means the drug enforcement administration in
the United States Department of Justice, or its successor agency.
(n) "Immediate precursor" means a substance:
(1) that the state board of pharmacy has found to be and by rule designates as being the
principal compound commonly used, or produced primarily for use, in the manufacture of
a controlled substance;
(2) that is an immediate chemical intermediary used or likely to be used in the
manufacture of a controlled substance; and
(3) the control of which is necessary to prevent, curtail, or limit the manufacture of the
controlled substance.
(o) "Isomer" means an optical isomer, but in RCW 69.50.101(r)(5), 69.50.204(a) (12)
and (34), and 69.50.206(a)(4), the term includes any geometrical isomer; in RCW
69.50.204(a) (8) and (42), and 69.50.210(c) the term includes any positional isomer; and in
RCW 69.50.204(a)(35), 69.50.204(c), and69.50.208 (a) the term includes any positional or
geometric isomer.
(p) "Manufacture" means the production, preparation, propagation, compounding,
conversion, or processing of a controlled substance, either directly or indirectly or by
extraction from substances of natural origin, or independently by means of chemical
synthesis, or by a combination of extraction and chemical synthesis, and includes any
packaging or repackaging of the substance or labeling or relabeling of its container. The
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term does not include the preparation, compounding, packaging, repackaging, labeling, or
�. . relabeling of a controlled substance:
(1) by a practitioner as an incident to the practitioner's administering or dispensing of a
controlled substance in the course of the practitioner's professional practice; or
(2)by a practitioner, or by the practitioner's authorized agent under the practitioner's
supervision, for the purpose of or as an incident to, research, teaching, or chemical
analysis and not for sale.
(q) "Marijuana" or "marihuana" means all parts of the plant Cannabis, whether growing
or not; the seeds thereof; the resin extracted from any part of the plant; and every
compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or
resin. The term does not include the mature stalks of the plant, fiber produced from the
stalks, oil or cake made from the seeds of the plant, any other compound, manufacture,
salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted
therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of
germination.
(r) "Narcotic drug" means any of the following, whether produced directly or indirectly
by extraction from substances of vegetable origin, or independently by means of chemical
synthesis, or by a combination of extraction and chemical synthesis:
(1) Opium, opium derivative, and any derivative of opium or opium derivative,
including their salts, isomers, and salts of isomers, whenever the existence of the salts,
isomers, and salts of isomers is possible within the specific chemical designation. The term
does not include the isoquinoline alkaloids of opium.
(2) Synthetic opiate and any derivative of synthetic opiate, including their isomers,
esters, ethers, salts, acid salts of isomers, esters, and ethers, whenever the existence of the
isomers, esters, ethers, and salts is possible within the specific chemical designation.
(3) Poppy straw and concentrate of poppy straw.
(4) Coca leaves, except coca leaves and extracts of coca leaves from which cocaine,
ecgonine, and derivatives or ecgonine or their salts have been removed.
(5) Cocaine, or any salt, isomer, or salt of isomer thereof.
(6) Cocaine base.
(7) Ecgonine, or any derivative, salt, isomer, or salt of isomer thereof.
(8) Any compound, mixture, or preparation containing any quantity of any substance
referred to in subparagraphs (1) through (7).
(s) "Opiate" means any substance having an addiction-forming or addiction-sustaining
.., liability similar to morphine or being capable of conversion into a drug having addiction-
forming or addiction-sustaining liability. The term includes opium, substances derived
from opium (opium derivatives), and synthetic opiates. The term does not include, unless •
specifically designated as controlled under RCW 69.50.201, the dextrorotatory isomer of
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3-methoxy-n-methylmorphinan and its salts (dextromethorphan). The term includes the
racemic and levorotatory forms of dextromethorphan.
(t) "Opium poppy" means the plant of the species Papaver somniferum L., except its
seeds.
(u) "Person" means individual, corporation, business trust, estate, trust, partnership,
association,joint venture, government, governmental subdivision or agency, or any other
legal or commercial entity.
(v) "Poppy straw" means all parts, except the seeds, of the opium poppy, after mowing.
(w) "Practitioner" means:
(1)A physician under chapter 18.71 RCW, a physician assistant under chapter 18.71A
RCW, an osteopathic physician and surgeon under chapter 18.57 RCW, an optometrist
licensed under chapter 18.53 RCW who is certified by the optometry board under RCW
18.53.010 subject to any limitations in RCW 18.53.010, a dentist under chapter 18.32
RCW, a podiatric physician and surgeon under chapter 18.22 RCW, a veterinarian under
chapter 18.92 RCW, a registered nurse, advanced registered nurse practitioner, or licensed
practical nurse under chapter 18.79 RCW, a pharmacist under chapter 18.64 RCW or a
scientific investigator under this chapter, licensed, registered or otherwise permitted
insofar as is consistent with those licensing laws to distribute, dispense, conduct research
with respect to or administer a controlled substance in the course of their professional
practice or research in this state.
(2) A pharmacy, hospital or other institution licensed, registered, or otherwise permitted
to distribute, dispense, conduct research with respect to or to administer a controlled
substance in the course of professional practice or research in this state.
(3) A physician licensed to practice medicine and surgery, a physician licensed to
practice osteopathic medicine and surgery, a dentist licensed to practice dentistry, a
podiatric physician and surgeon licensed to practice podiatric medicine and surgery, or a
veterinarian licensed to practice veterinary medicine in any state of the United States.
(x) "Prescription" means an order for controlled substances issued by a practitioner
duly authorized by law or rule in the state of Washington to prescribe controlled
substances within the scope of his or her professional practice for a legitimate medical
purpose.
(y) "Production" includes the manufacturing, planting, cultivating, growing, or
harvesting. of a controlled substance.
(z) "Secretary" means the secretary of health or the secretary's designee.
(aa) "State," unless the context otherwise requires,means a state of the United States,
the District of Columbia, the Commonwealth of Puerto Rico, or a territory or insular
possession subject to the jurisdiction of the United States.
(bb) "Ultimate user" means an individual who lawfully possesses a controlled substance
for the individual's own use or for the use of a member of the individual's household or for
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administering to an animal owned by the individual or by a member of the individual's
household.
(cc) "Electronic communication of prescription information" means the communication
of prescription information by computer, or the transmission of an exact visual image of a
prescription by facsimile, or other electronic means for original prescription information or
prescription refill information for a Schedule III-V controlled substance between an
authorized practitioner and a pharmacy or the transfer of prescription information for a
controlled substance from one pharmacy to another pharmacy.
[2003 c 142§4; 1998 c 222§3; 1996 c 178 § 18; 1994 sp.s. c 9§ 739; 1993 c 187 § 1.Prior: 1990 c 248 §
1: 1990 c 219§3; 1990 c 196 § 8; 1989 1st ex.s.c 9 §429; 1987 c 144 § 2; 1986 c 124 § 1; 1984 c 153 § 18;
1980 c 71 § 2; 1973 2nd cx.s.c 38§ 1; 1971 ex.s. c 308 § 69.50.101.]
NOTES:
Severability— 2003 c 142: See note following RCW 18.53.010.
Effective date -- 1996 c 178: See note following RCW 18.35.110.
Severability-- Headings and captions not law-- Effective date-- 1994 sp.s. c 9: See
RCW 18.79.900 through 18.79.902.
Finding— 1990 c 219: See note following RCW 69.41.030.
` Effective date-- Severability— 1989 1st ex.s. c 9: See RCW 43.70.910 and
43.70.920.
Severability-- 1973 2nd ex.s. c 38: "If any of the provisions of this amendatory act, or
its application to any person or circumstance is held invalid, the remainder of the
amendatory act, or the application of the provision to other persons or circumstances,or
the act prior to its amendment is not affected." [1973 2nd ex.s. c 38 § 3.]
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RCW 69.50.204
Schedule I.
Unless specifically excepted by state or federal law or regulation or more specifically
included in another schedule, the following controlled substances are listed in Schedule I:
(a) Any of the following opiates, including their isomers, esters, ethers, salts, and salts
of isomers, esters, and ethers whenever the existence of these isomers, esters, ethers, and
salts is possible within the specific chemical designation:
(1)Acetyl-alpha-methylfentanyl (N-[1-(1-methyl-2-phenethyl)-4-piperidinyl]-N-
phenylacetamide);
(2) Acetylrnethadol;
(3) Allylprodine;
(4) Alphacetylmethadol;
(5) Alphameprodine;
(6) Alphamethadol;
(7) Alpha-methylfentanyl (N-[1-(alpha-methyl-beta-phenyl) ethyl-4-piperidyl]
propionanilide); (1-(1-methyl-2-phenylethyl)-4-(N-propanilido) piperidine);
(8) Alpha-methylthiofentanyl (N-[1-methyl-2-(2-thienyl)ethyl-4-piperidinyl]-N-
phenylpropanamide);
(9) Benzethidine;
(10) Betacetylmethadol;
(11)Beta-hydroxyfentanyl (N-[1-(2-hydroxy-2-phenethyl)-4-piperidinyl]-N-
phenylpropanamide);
(12) Beta-hydroxy-3-methylfentanyl some trade or other names: N-[1-(2-hydrox-2-
phen ethyl)-3-methyl-4-piperidinyl]-N-phenylpropanani i de;
(13) Betameprodine;
(14)Betamethadol;
(15) Betaprodine;
(1 6) Clonitazene;
(17) Dextromoramide;
+ l
(18) Diampromide;
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(19) Diethylthiambutene;
/ (20) Difenoxin;
(21) Dimenoxadol;
(22) Dimepheptanol;
(23) Dimethylthiambutene;
(24) Dioxaphetyl butyrate;
(25) Dipipanone;
(26) Ethylmethylthiambutene;
(27) Etonitazene;
(28) Etoxeridine;
(29) Furethidine;
(30) Hydroxypethidine;
(31) Ketobemidone;
(32) Levomoramide;
(33) Levophenacylmorphan;
(34) 3-Methyl fentanyl (N-[3-methyl-1-(2-phenylethyl)-4-piperidyl]-N-phenylprop
anamide);
(35) 3-Methylthiofentanyl (N-[(3-methyl-l-(2-thienyl)ethyl-4-piperid nyl]-N-
phenylpropanamide);
(36) Morpheridine;
(3 7) MPPP (1-methyl-4-phenyl-4-propionoxypiperi dine);
(38) Noracymethadol;
(39)Norlevorphanol;
(40)Nonnethadone;
(41)Norpipanone;
(42) Para-fluorofentanyl (N-(4-fl uorophenyl)-N-[1-(2-phenethyl)-4-piperidinyl]
propanamide);
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(43) PEPAP(1-(-2-phenethyl)-4-phenyl-4-acetoxypiperidine);
/ (44) Phenadoxone;
(45) Phenampromide;
(46) Phenomorphan;
(47) Phenoperidine;
(48) Piritramide;
(49) Proheptazine;
(50) Properidine;
(51) Propiram;
(52) Racemoramide;
(53) Thiofentanyl (N-phenyl-N-[1-(2-thienyl)ethyl-4-piperidinyl]-propanaminde);
(54) Tilidine;
(55)Trimeperidine.
(b) Opium derivatives. Unless specifically excepted or unless listed in another schedule,
any of the following opium derivatives, including their salts, isomers, and salts of isomers
whenever the existence of those salts, isomers, and salts of isomers is possible within the
specific chemical designation:
(1) Acetorphine;
(2) Acetyldihydrocodeine;
(3) Benzylmorphine;
•
(4) Codeine methylbromide;
(5) Codeine-N-Oxide;
(6) Cyprenorphine;
(7) Desomorphine;
(8) 3,4-methylenedioxy-N-ethylamphetamine some trade or other names: N-ethyl-
alpha-methyl-3,4(methylenedioxy)phenthylamine,N-ethyl 'VEDA, MDE, MDEA;
(9) N-hydroxy-3,4-methylenedioxyamphetamine some trade or other names: N-
hydroxy-alpha-methyl-3,4(methylenedioxy)phenethylamine, and N-hydroxy MDA;
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(10) Dihydromorphine;
(11) Drotebanol;
(12) Etorphine, except hydrochloride salt;
(13) Heroin;
(14) Hydromorphinol;
(15) Methyldesorphine;
(16) Methyldihydromorphine;
(17) Morphine methylbromide;
(18) Morphine methylsulfonate;
(19) Morphine-N-Oxide;
(20) Myrophine;
(21) Nicocodeine;
(22)Nicomorphine;
(23)Normorphine;
(24) Pholcodine;
(25) Thebacon.
(c) Hallucinogenic substances. Unless specifically excepted or unless listed in another
schedule, any material, compound, mixture, or preparation which contains any quantity of
the following hallucinogenic substances, including their salts, isomers, and salts of isomers
whenever the existence of those salts, isomers, and salts of isomers is possible within the
specific chemical designation.
(1) 4-bromo-2,5-di_methoxy-amphetamine: Some trade or other names: 4-bromo-2,5-
dimethoxy-a-methylphenethylarnine; 4-bromo-2,5-DMA;
(2) 2,5-dimethoxyamphetamine: Some trade or other names: 2,5-dimethoxy-a-
methylphenethylamine; 2,5-DMA;
(3) 4-methoxyamphetamine: Some trade or other names: 4-methoxy-a-
methylphenethylamine; paramethoxyamphetamine, PMA;
(4) 5-methoxy-3,4-methylenedioxy-amphetamine;
(5) 4-methyl-2,5-dimethoxy-amphetamine: Some trade and other names: 4-methyl-2,5-
dimethoxy-a-methylphenethylamine; "DOM"; and "STP";
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(6) 3,4-methylenedioxy amphetamine;
(7) 3,4-methylenediox etham hetamine(MDMA);
Ym P
(8) 3,4,5-trimethoxy amphetamine;
(9) Bufotenine: Some trade or other names: 3-(beta-Dimethylaminoethyl)-5-
hydroxindole; 3-(2-dimethylaminoethyl)-5-indolol; N, N-dimethylserotonin; 5-hydroxy-
N,N-dimethyltryptamine; mappine;
(10) Diethyltryptamine: Some trade or other names: N,N-Diethyltryptamine; DET;
(11) Dimethyltryptamine: Some trade or other names: DMT;
(12) lbogaine: Some trade or other names: 7-Ethyl-6,6 beta,7,8,9,1 0,12,13,-octahydro-
2-methoxy-6,9-methano-51-1-pyndo (1',2' 1,2) azepino (5,4-b) indole; Tabemanthe iboga;
(13) Lysergic acid diethylamide;
(1C4)•Marii1Affa��a'�i Li avij << a1
(15) Mescaline;
(16) Parahexyl-7374: Some trade or other names: 3-Hexyl-l-hydroxy-7, 8, 9, 10-
\ tetrahydro-6, 6, 9-trimethyl-6H-dibenzo[b,d]pyran; synhexyl;
(17) Peyote, meaning all parts of the plant presently classified botanically as
Lophophora Williamsii Lemaire, whether growing or not, the seeds thereof, any extract
from any part of such plant, and every compound, manufacture, salts, derivative, mixture,
or preparation of such plant, its seeds, or extracts; (interprets 21 U.S.C. Sec. 812 (c),
Schedule I (0(12));
(18)N-ethyl-3-piperidyl benzilate;
(19)N-methyl-3-piperidyl benzilate;
(20) Psilocybin;
(21) Psilocyn;
(22) Tetrahydrocannabinols, synthetic equivalents of the substances contained in the
plant, or in the resinous extractives of Cannabis, species, and/or synthetic substances,
derivatives, and their isomers with similar chemical structure and pharmacological activity
such as the following:
(i) Delta 1 - cis - or trans tetrahydrocannabinol, and their optical isomers, excluding
tetrahydrocannabinol in sesame oil and encapsulated in a soft gelatin capsule in a drug
product approved by the United States Food and Drug Administration;
(ii) Delta 6 - cis - or trans tetrahydrocannabinol, and their optical isomers;
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(iii) Delta 3,4 - cis - or trans tetrahydrocannabinol, and its optical isomers;
`"- (Since nomenclature of these substances is not internationally standardized, compounds of
these structures, regardless of numerical designation of atomic positions covered.)
(23) Ethylamine analog of phencyclidine: Some trade or other names: N-ethyl-
lphenylcyclohexalymine, (1-phenylcyclohexl) ethylamine;N-(1-phenylcyclohexyl)
ethylamine; cyclohexam_ine; PCE;
(24) Pyrrolidine analog of phencyclidine: Some trade or other names: 1-(1-
phencyclohexyl)pyrrolidine; PCPy; PHP;
(25) Thiophene analog of phencyclidine: Some trade or other names: 1-(1-[2-thenyl]-
cyclohexly)-pipendine; 2-thienylanalog of phencyclidine; TPCP; TCP;
(26) 1-[1-(2-thienyl)cyclohexyl]pyrrolidine: A trade or other name is TCPy.
(d) Depressants. Unless specifically excepted or unless listed in another schedule, any
material, compound, mixture, or preparation which contains any quantity of the following
substances having a depressant effect on the central nervous system, including its salts,
isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of
isomers is possible within the specific chemical designation. •
(1) Mecloqualone;
(2) Methaqualone.
(e) Stimulants. Unless specifically excepted or unless listed in another schedule, any
material, compound, mixture, or preparation which contains any quantity of the following
substances having a stimulant effect on the central nervous system, including its salts,
isomers, and salts of isomers:
(1) Fenethylline;
(2) (+-)cis-4-methylanunorex((+-)cis-4,5-dihydro-4-methyl-5-phenyl-2-oxazolamine);
(3) N-ethylamphetamine;
(4) N,N-dimethylamphetamine: Some trade or other names: N Iii-alpha-trimethyl-
benzeneethanaminc; N,N-alpha-trimethylphenoethylene.
The controlled substances in this section may be rescheduled or deleted as provided for
in RCW 69.50.201.
[1993 c 187 §4; 1986 c 124§ 3; 1980 c 138 § 1; 1971 ex.s.c 308 § 69.50.204.1
NOTES:
State board of pharmacy may change schedules of controlled substances: RCW 69.50.201.
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RCM/ 69.50.309
Containers.
rTh
A person to whom or for whose use any controlled substance has been prescribed, sold, or
dispensed by a practitioner, and the owner of any animal for which such controlled
substance has been prescribed, sold, or dispensed may lawfully possess it only in the
container in which it was delivered to him by the person selling or dispensing the same.
[1971 ex.s.c 308 §69.50.309.]
•
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RCW 69.50.401
Prohibited acts: A -- Penalties. (Effective until July 1, 2004.)
(a) Except as authorized by this chapter, it is unlawful for any person to manufacture,
deliver, or possess with intent to manufacture or deliver, a controlled substance.
(1)Any person who violates this subsection with respect to:
(i) a controlled substance classified in Schedule I or H which is a narcotic drug or
flunitrazepam classified in Schedule IV, is guilty of a crime and upon conviction may be
imprisoned for not more than ten years, or(A) fined not more than twenty-five thousand
dollars if the crime involved less than two kilograms of the drug, or both such
imprisonment and fine; or(B) if the crime involved two or more kilograms of the drug,
then fined not more than one hundred thousand dollars for the first two kilograms and not
more than fifty dollars for each gram in excess of two kilograms, or both such
imprisonment and fine;
(ii) amphetamine or methamphetamne, is guilty of a crime and upon conviction may be
imprisoned for not more than ten years, or(A) fined not more than twenty-five thousand
dollars if the crime involved less than two kilograms of the drug, or both such
imprisonment and fine; or(B) if the crime involved two or more kilograms of the drug,
then fined not more than one hundred thousand dollars for the first two kilograms and not
more than fifty dollars for each gram in excess of two kilograms, or both such
imprisonment and fine. Three thousand dollars of the fine may not be suspended. As
�-,, collected, the first three thousand dollars of the fine must be deposited with the law
enforcement agency having responsibility for cleanup of laboratories, sites, or substances
used in the manufacture of the methamphetamine. The fine moneys deposited with that
law enforcement agency must be used for such clean-up cost;
(iii) any other controlled substance classified in Schedule 1, II, or III, is guilty of a
crime and upon conviction may be imprisoned for not more than five years, fined not more
than ten thousand dollars, or both;
(iv) a substance classified in Schedule IV, except flunitrazepam, is guilty of a crime and
upon conviction may be imprisoned for not more than five years, fined not more than ten
thousand dollars, or both;
(v) a substance classified in Schedule V, is guilty of a crime and upon conviction may
be imprisoned for not more than five years, fined not more than ten thousand dollars, or
both.
(b) Except as authorized by this chapter, it is unlawful for any person to create, deliver,
or possess a counterfeit substance.
(1) Any person who violates this subsection with respect to:
(i) a counterfeit substance classified in Schedule I or Ii which is a narcotic drug, or
flunitrazepam classified in Schedule IV, is guilty of a crime and upon conviction may be
imprisoned for not more than ten years, fined not more than twenty-five thousand dollars,
or both;
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(ii) a counterfeit substance which is methamphetamine, is guilty of a crime and upon
r—N,, conviction may be imprisoned for not more than ten years, fined not more than twenty-five
thousand dollars, or both;
(iii) any other counterfeit substance classified in Schedule 1, 11, or iIi, is guilty of a
crime and upon conviction may be imprisoned for not more than five years, fined not more
than ten thousand dollars, or both;
(iv) a counterfeit substance classified in Schedule IV, except flunitrazepam, is guilty of
a crime and upon conviction may be imprisoned for not more than five years, fined not
more than ten thousand dollars, or both;
(v) a counterfeit substance classified in Schedule V, is guilty of a crime and upon
conviction may be imprisoned for not more than five years, fined not more than ten
thousand dollars, or both.
(c) It is unlawful, except as authorized in this chapter and chapter 69.41 RCW, for any
person to offer, arrange, or negotiate for the sale, gift, delivery, dispensing, distribution, or
administration of a controlled substance to any person and then sell, give, deliver,
dispense, distribute, or administer to that person any other liquid, substance, or material in
lieu of such controlled substance. Any person who violates this subsection is guilty of a
crime and upon conviction may be imprisoned for not more than five years, fined not more
than ten thousand dollars, or both.
(d) It is unlawful for any person to possess a controlled substance unless the substance
was obtained directly from, or pursuant to, a valid prescription or order of a practitioner
while acting in the course of his or her professional practice, or except as otherwise
authorized by this chapter. Any person who violates this subsection is guilty of a crime,
and upon conviction may be imprisoned for not more than five years, fined not more than
ten thousand dollars, or both, except as provided for in subsection (e)of this section.
dediforAintsubsectiorn(a:)(1)(iii):o'Ethisse dllic anyOrson=foarid:
gniitlirc!f possessIocl of fgrk}�grams-or less of marihuana shall h ng lly.��i a:irii demeanor.
(f) It is unlawful to compensate, threaten, solicit, or in any other manner involve a
person under the age of eighteen years in a transaction unlawfully to manufacture, sell, or
deliver a controlled substance. A violation of this subsection shall be punished as a class C
felony punishable in accordance with RCW 9A.20.021.
This section shall not apply to offenses defined and punishable under the provisions of
RCW 69.50.410.
[1998 c 290§ 1; 1998 c 82 § 2; 1997 c 71 § 2; 1996 c 205 § 2; 1989 c 271 § 104; 1987 c 458§4; 1979 c 67
§ 1; 1973 2nd ex.s.c 2 § 1; 1971 ex.s.c 308§ 69.50.401.]
NOTES:
Reviser's note: This section was amended by 1998 c 82 § 2 and by 1998 c 290 § 1,
each without reference to the other. Both amendments are incorporated in the publication
of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
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Application -- 1998 c 290: "This act applies to crimes committed on or after July 1,
1998." [1998 c 290 § 9.]
Effective date -- 1998 c 290: "This act takes effect July 1, 1998." [1998 c 290 § 10.]
Severability-- 1998 c 290: "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." [1998 c 290 § 11.]
Application -- 1989 c 271 §§ 101-111: See note following RCW 9.94A.510.
Severability-- 1989 c 271: See note following RCW 9.94A.510.
Severability-- 1987 c 458: See note following RCW 48.21.160.
Serious drug offenders, notice of release or escape: RCW 9.94A.610.
RCW 69.50.401
Prohibited acts: A-- Penalties. (Effective July 1, 2004.)
(1) except as authorized by this chapter, it is unlawful for any person to manufacture,
deliver, or possess with intent to manufacture or deliver, a controlled substance.
(2) Any person who violates this section with respect to:
(a) A controlled substance classified in Schedule I or Il which is a narcotic drug or
flunitrazepam classified in Schedule IV, is guilty of a class B felony and upon conviction
may be imprisoned for not more than ten years, or(i) fined not more than twenty-five
thousand dollars if the crime involved less than two kilograms of the drug, or both such
imprisonment and fine; or(ii) if the crime involved two or more kilograms of the drug,
then fined not more than one hundred thousand dollars for the first two kilograms and not
more than fifty dollars for each gram in excess of two kilograms, or both such
imprisonment and fine;
(b) Amphetamine or mcthamphetamine, is guilty of a class B felony and upon
conviction may be imprisoned for not more than ten years, or(i) fined not more than
twenty-five thousand dollars if the crime involved less than two kilograms of the drug, or
both such imprisonment and fine; or(ii) if the crime involved two or more kilograms of
the drug, then fined not more than one hundred thousand dollars for the first two kilograms
and not more than fifty dollars for each gram in excess of two kilograms, or both such
imprisonment and fine. Three thousand dollars of the fine may not be suspended. As
collected, the first three thousand dollars of the fine must be deposited with the law
enforcement agency having responsibility for cleanup of laboratories, sites, or substances
used in the manufacture of the methamphetamine. The fine moneys deposited with that
law enforcement agency must be used for such clean-up cost;
(c) Any other controlled substance classified in Schedule I, H, or 111, is guilty of a class
C felony punishable according to chapter 9A.20 RCW;
(d) A substance classified in Schedule IV, except flunitrazepam, is guilty of a class C
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felony punishable according to chapter 9A.20 RCW; or
(u), A h t.in:ceTel issified in.Schedule V,is guiltyrofa�class G felony punishable
autbfer g to ihaptei yA` 2tqe.:
[2003 c 53 § 331.Prior. 1998 c 290§ 1; 1998 c 82 §2; 1997 c 71 §2; 1996 c 205 § 2; 1989 c 271 § 104;
1987 c 458 §4; 1979 c 67 § 1; 1973 2nd ex.s. c 2§ 1; 1971 ex.s.c 308§ 69.50.401]
NOTES:
Intent-- Effective date-- 2003 c 53: See notes following RCW 2.48.180.
Application — 1998 c 290: "This act applies to crimes committed on or after July 1,
1998." [1998 c 290 § 9.]
Effective date-- 1998 c 290: "This act takes effect July 1, 1998." [1998 c 290 § 10.]
Severability-- 1998 c 290: "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." [1998 c 290 § 11.]
Application -- 1989 c 271 §§ 101-111: See note following RCW 9.94A.510.
Severability-- 1989 c 271: See note following RCW 9.94A.510.
Severability-- 1987 c 458: See note following RCW 48.21.160.
Serious drug offenders, notice of release or escape: R.CW 9.94A.610.
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RCW 69.50.425
Misdemeanor violations -- Minimum penalties.
A person who is convicted of a misdemeanor violation of any provision of this chapter
P Y p
shall be punished by imprisonment for not less than twenty-four consecutive hours, and by
a fine of not less than two hundred fifty dollars. On a second or subsequent conviction, the
fine shall not be less than five hundred dollars. These fines shall be in addition to any other
fine or penalty imposed. Unless the court finds that the imposition of the minimum
imprisonment will pose a substantial risk to the defendant's physical or mental well-being
or that local jail facilities are in an overcrowded condition, the minimum term of
imprisonment shall not be suspended or deferred. If the court finds such risk or
overcrowding exists, it shall sentence the defendant to a minimum of forty hours of
community restitution. If a minimum term of imprisonment is suspended or deferred, the
court shall state in writing the reason for granting the suspension or deferral and the facts
upon which the suspension or deferral is based. Unless the court finds the person to be
indigent, the minimum fine shall not be suspended or deferred.
[2002 c 175 § 44; 1989 c 271 § 105.1
NOTES:
Effective date-- 2002 c 175: See note following RCW 7.80.130.
Application -- 1989 c 271 §§ 101-111: See note following RCW 9.94A.510.
Severability-- 1989 c 271: See note following RCW 9.94A.510.
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RCW 69.50.505
Seizure and forfeiture. (Effective until July 1, 2004.)
§)` 'he following are subject to seizure and forfeiture and no property right exists in them:
■(th)!All controlled substances which have been manufactured, distributed, dispensed,
acquired, or possessed in violation of this chapter or chapter 69.41 or 69.52 RCW, and all
hazardous chemicals, as defined in RCW 64.44.010,used or intended to be used in the
manufacture of controlled substances;
(2) All raw materials, products, and equipment of any kind which are used, or intended
for use, in manufacturing, compounding, processing, delivering, importing, or exporting
any controlled substance in violation of this chapter or chapter 69.41 or 69.52 RCW;
4(135)All property which is used, or intended for use, as a container for property described
in paragraphs (1) or(2);
(4) All conveyances, including aircraft, vehicles, or vessels, which are used, or intended
for use, in any manner to facilitate the sale, delivery, or receipt of property described in
paragaphs (1) or(2), except that:
(i) No conveyance used by any person as a common carrier in the transaction of
business as a common carrier is subject to forfeiture under this section unless it appears
that the owner or other person in charge of the conveyance is a consenting party or privy to
a violation of this chapter or chapter 69.41 or 69.52 RCW;
(ii)No conveyance is subject to forfeiture under this section by reason of any act or
omission established by the owner thereof to have been committed or omitted without the
owner's knowledge or consent;
(iii) No conveyance is subject to forfeiture under this section if used in the receipt of
only an amount of marijuana for which possession constitutes a misdemeanor under RCW
69.50.401(e);
•
(iv) A forfeiture of a conveyance encumbered by a bona fide security interest is subject
to the interest of the secured party if the secured party neither had knowledge of nor
consented to the act or omission; and
(v) When the owner of a conveyance has been arrested under this chapter or chapter
69.41 or 69.52 RCW the conveyance in which the person is arrested may not be subject to
forfeiture unless it is seized or process is issued for its seizure within ten days of the
owner's arrest;
(5) All books, records, and research products and materials, including formulas,
microfilm, tapes, and data which are used, or intended for use, in violation of this chapter
or chapter 69.41 or 69.52 RCW;
-- -.(6).All drug paraphernalia;
<(i14A11 moneys, negotiable instruments, securities, or other tangible or intangible
property of value furnished or intended to be furnished by any person in exchange for a
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controlled substance in violation of this chapter or chapter 69.41 or 69.52 RCW, all
tangible or intangible personal property,proceeds, or assets acquired in whole or in part
with proceeds traceable to an exchange or series of exchanges in violation of this chapter
or chapter 69.41 or 69.52 RCW, and all moneys, negotiable instruments, and securities
used or intended to be used to facilitate any violation of this chapter or chapter 69.41 or
69.52 RCW. A forfeiture of money, negotiable instruments, securities, or other tangible or
intangible property encumbered by a bona fide security interest is subject to the interest of
the secured party if, at the time the security interest was created, the secured party neither
had knowledge of nor consented to the act or omission. No personal property may be
forfeited under this paragraph, to the extent of the interest of an owner, by reason of any
act or omission which that owner establishes was committed or omitted without the
owner's knowledge or consent; and
(8) All real property, including any right, title, and interest in the whole of any lot or
tract of land, and any appurtenances or improvements which are being used with the
knowledge of the owner for the manufacturing, compounding, processing, delivery,
importing, or exporting of any controlled substance, or which have been acquired in whole
or in part with proceeds traceable to an exchange or series of exchanges in violation of this
chapter or chapter 69.41 or 69.52 RCW, if such activity is not less than a class C felony
and a substantial nexus exists between the commercial production or sale of the controlled
substance and the real property. However:
(i) No property may be forfeited pursuant to this subsection, to the extent of the interest
of an owner,by reason of any act or omission committed or omitted without the owner's
--� knowledge or consent;
(ii) The bona fide gift of a controlled substance, legend drug, or imitation controlled
substance shall not result in the forfeiture of real property;
(iii) The possession of marijuana shall not result in the forfeiture of real property unless
the marijuana is possessed for commercial purposes, the amount possessed is five or more
plants or one pound or more of marijuana, and a substantial nexus exists between the
possession of marijuana and the real property. In such a case, the intent of the offender
shall be determined by the preponderance of the evidence, including the offender's prior
criminal history, the amount of marijuana possessed by the offender, the sophistication of
the activity or equipment used by the offender, and other evidence which demonstrates the
offender's intent to engage in commercial activity;
(iv)The unlawful sale of marijuana or a legend drug shall not result in the forfeiture of
real property unless the sale was forty grams or more in the case of marijuana or one
hundred dollars or more in the case of a legend drug, and a substantial nexus exists
between the unlawful sale and the real property; and
(v) A forfeiture of real property encumbered by a bona fide security interest is subject
to the interest of the secured party if the secured party, at the time the security interest was
created, neither had knowledge of nor consented to the act or omission.
(b) Real or personal property subject to forfeiture under this chapter may be seized by
any board inspector or law enforcement officer of this state upon process issued by any
superior court having jurisdiction over the property. Seizure of real property shall include
the filing of a lis pendens by the seizing agency. Real property seized under this section
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shall not be transferred or otherwise conveyed until ninety days after seizure or until a
judgment of forfeiture is entered, whichever is later: PROVIDED, That real property
( , seized under this section may be transferred or conveyed to any person or entity who
acquires title by foreclosure or deed in lieu of foreclosure of a security interest. Seizure of
personal property without process may be made if:
(1) The seizure is incident to an arrest or a search under a search warrant or an
inspection under an administrative inspection warrant;
(2) The property subject to seizure has been the subject of a prior judgment in favor of
the state in a criminal injunction or forfeiture proceeding based upon this chapter;
(3) A board inspector or law enforcement officer has probable cause to believe that the
property is directly or indirectly dangerous to health or safety; or
(4)The board inspector or law enforcement officer has probable cause to believe that
the property was used or is intended to be used in violation of this chapter.
(c) In the event of seizure pursuant to subsection (b), proceedings fbr forfeiture shall be
deemed commenced by the seizure. The law enforcement agency under whose authority
the seizure was made shall cause notice to be served within fifteen days following the
seizure on the owner of the property seized and the person in charge thereof and any
person having any known right or interest therein, including any community property
interest, of the seizure and intended forfeiture of the seized property. Service of notice of
seizure of real property shall be made according to the rules of civil procedure. However,
the state may not obtain a default judgment with respect to real property against a party
who is served by substituted service absent an affidavit stating that a good faith effort has
been made to ascertain if the defaulted party is incarcerated within the state, and that there
is no present basis to believe that the party is incarcerated within the state. Notice of
seizure in the case of property subject to a security interest that has been perfected by
filing a financing statement in accordance with chapter 62A.9A RCW, or a certificate of
title, shall be made by service upon the secured party or the secured party's assignee at the
address shown on the financing statement or the certificate of title. The notice of seizure in
other cases may be served by any method authorized by law or court rule including but not
limited to service by certified mail with return receipt requested. Service by mail shall be
deemed complete upon mailing within the fifteen day period following the seizure.
(d) If no person notifies the seizing law enforcement agency in writing of the person's
claim of ownership or right to possession of items specified in subsection (a)(4), (a)(7), or
(a)(8) of this section within forty-five days of the seizure in the case of personal property
and ninety days in the case of real property, the item seized shall be deemed forfeited. The
community property interest in real property of a person whose spouse committed a
violation giving rise to seizure of the real property may not be forfeited if the person did
not participate in the violation.
(e) If any person notifies the seizing law enforcement agency in writing of the person's
claim of ownership or right to possession of items specified in subsection (a)(2), (a)(3), (a)
(4), (a)(5), (a)(6), (a)(7), or(a)(8) of this section within forty-five days of the seizure in the
case of personal property and ninety days in the case of real property, the person or
persons shall be afforded a reasonable opportunity to be heard as to the claim or right. The
hearing shall be before the chief law enforcement officer of the seizing agency or the chief
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law enforcement officer's designee, except where the seizing agency is a state agency as
defined in RCW 34.12.020(4), the hearing shall be before the chief law enforcement
officer of the seizing agency or an administrative law judge appointed under chapter 34.12
RCW, except that any person asserting a claim or right may remove the matter to a court
of competent jurisdiction. Removal of any matter involving personal property may only be
accomplished according to the rules of civil procedure. The person seeking removal of the
matter must serve process against the state, county, political subdivision, or municipality
that operates the seizing agency, and any other party of interest, in accordance with RCW
4.28.080 or 4.92.020, within forty-five days after the person seeking removal has notified
the seizing law enforcement agency of the person's claim of ownership or right to
possession. The court to which the matter is to be removed shall be the district court when
the aggregate value of personal property is within the jurisdictional limit set forth in RCW
3.66.020. A hearing before the seizing agency and any appeal therefrom shall be under
Title 34 RCW. In all cases, the burden of proof is upon the law enforcement agency to
establish,by a preponderance of the evidence, that the property is subject to forfeiture.
The seizing law enforcement agency shall promptly return the article or articles to the
claimant upon a determination by the administrative law judge or court that the claimant is
the present lawful owner or is lawfully entitled to possession thereof of items specified in
subsection (a)(2), (a)(3), (a)(4), (a)(5), (a)(6), (a)(7), or(a)(8) of this section.
(f) In any proceeding to forfeit property under this title, where the claimant
substantially prevails, the claimant is entitled to reasonable attorneys' fees reasonably
incurred by the claimant. In addition, in a court hearing between two or more claimants to
the article or articles involved, the prevailing party is entitled to a judgment for costs and
reasonable attorneys' fees.
(g) When property is forfeited under this chapter the board or seizing law enforcement
agency may:
(1) Retain it for official use or upon application by any law enforcement agency of this
state release such property to such agency for the exclusive use of enforcing the provisions
of this chapter;
(2) Sell that which is not required to be destroyed by law and which is not harmful to
the public;
(3) Request the appropriate sheriff or director of public safety to take custody of the
property and remove it for disposition in accordance with law; or
(4) Forward it to the drug enforcement administration for disposition.
(h)(1) When property is forfeited, the seizing agency shall keep a record indicating the
identity of the prior owner, if known, a description of the property, the disposition of the
property, the value of the property at the time of seizure, and the amount of proceeds
realized from disposition of the property.
(2) Each seizing agency shall retain records of forfeited property for at least seven
years.
(3) Each seizing agency shall file a report including a copy of the records of forfeited
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property with the state treasurer each calendar quarter.
•
1 (4) The quarterly report need not include a record of forfeited property that is still being
held for use as evidence during the investigation or prosecution of a case or during the
appeal from a conviction.
(i)(1) By January 31st of each year, each seizing agency shall remit to the state
treasurer an amount equal to ten percent of the net proceeds of any property forfeited
during the preceding calendar year. Money remitted shall be deposited in the violence
reduction and drug enforcement account under RC\'V 69.50.520.
(2) The net proceeds of forfeited property is the value of the forfeitable interest in the
property after deducting the cost of satisfying any bona fide security interest to which the
property is subject at the time of seizure; and in the case of sold property, after deducting
the cost of sale, including reasonable fees or commissions paid to independent selling
agents, and the cost of any valid landlord's claim for damages under subsection (o) of this
section.
(3)The value of sold forfeited property is the sale price. The value of retained forfeited
property is the fair market value of the property at the time of seizure, determined when
possible by reference to an applicable commonly used index, such as the index used by the
department of licensing for valuation of motor vehicles. A seizing agency may use, but
need not use, an independent qualified appraiser to determine the value of retained
property. If an appraiser is used, the value of the property appraised is net of the cost of the
appraisal. The value of destroyed property and retained firearms or illegal property is zero.
(j) Forfeited property and net proceeds not required to be paid to the state treasurer shall
be retained by the seizing law enforcement agency exclusively for the expansion and
improvement of controlled substances related law enforcement activity. Money retained
under this section may not be used to supplant preexisting funding sources.
(k) Controlled substances listed in Schedule 1, IL III, 1V, and V that are possessed,
transferred, sold, or offered for sale in violation of this chapter are contraband and shall be
seized and summarily forfeited to the state. Controlled substances listed in Schedule I, iI,
III, IV, and V, which are seized or come into the possession of the board, the owners of
which are unknown, are contraband and shall be summarily forfeited to the board.
(1) Species of plants from which controlled substances in Schedules I and II may be
derived which have been planted or cultivated in violation of this chapter, or of which the
owners or cultivators are unknown, or which are wild growths, may be seized and
summarily forfeited to the board.
(m) The failure, upon demand by a board inspector or law enforcement officer, of the
person in occupancy or in control of land or premises upon which the species of plants are
growing or being stored to produce an appropriate registration or proof that he is the
holder thereof constitutes authority for the seizure and forfeiture of the plants.
(n) Upon the entry of an order of forfeiture of real property, the court shall forward a
copy of the order to the assessor of the county in which the property is located. Orders for
the forfeiture of real property shall be entered by the superior court, subject to court rules.
Such an order shall be filed by the seizing agency in the county auditor's records in the
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county in which the real property is located.
(o) A landlord may assert a claim against proceeds from the sale of assets seized and
forfeited under subsection(g)(2) of this section, only if:
(1)A law enforcement officer, while acting in his or her official capacity, directly
caused damage to the complaining landlord's property while executing a search of a
tenant's residence; and
(2) The landlord has applied any funds remaining in the tenant's deposit, to which the
landlord has a right under chapter 59.18 RCW, to cover the damage directly caused by a
law enforcement officer prior to asserting a claim under the provisions of this section;
(i) Only if the funds applied under(2) of this subsection are insufficient to satisfy the
damage directly caused by a law enforcement officer, may the landlord seek compensation
for the damage by filing a claim against the governmental entity under whose authority the
law enforcement agency operates within thirty days after the search;
(ii) Only if the governmental entity denies or fails to respond to the landlord's claim
within sixty days of the date of filing, may the landlord collect damages under this
subsection by filing within thirty days of denial or the expiration of the sixty-day period,
whichever occurs first, a claim with the seizing law enforcement agency. The seizing law
enforcement agency must notify the landlord of the status of the claim by the end of the
thirty-day period. Nothing in this section requires the claim to be paid by the end of the
sixty-day or thirty-day period.
(3) For any claim filed under(2) of this subsection; the law enforcement agency shall
pay the claim unless the agency provides substantial proof that the landlord either:
(i) Knew or consented to actions of the tenant in violation of this chapter or chapter
69.41 or 69.52 RCW; or
(ii) Failed to respond to a notification of the illegal activity; provided by a law
enforcement agency under RCW 59.18.075, within seven days of receipt of notification of
the illegal activity.
(p)The landlord's claim for damages under subsection (o) of this section may not
include a claim for loss of business and is limited to:
(1) Damage to tangible property and clean-up costs;
(2)The lesser of the cost of repair or fair market value of the damage directly caused by
a law enforcement officer;
(3) The proceeds from the sale of the specific tenant's property seized and forfeited
under subsection (g)(2) of this section; and
(4) The proceeds available after the seizing law enforcement agency satisfies any bona
fide security interest in the tenant's property and costs related to sale of the tenant's
property as provided by subsection (i)(2) of this section.
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(q) Subsections (o) and (p) of this section do not limit any other rights a landlord may
r I have against a tenant to collect for damages. However, if a law enforcement agency
satisfies a landlord's claim under subsection (o) of this section, the rights the landlord has
against the tenant for damages directly caused by a law enforcement officer under the
terms of the landlord and tenant's contract are subrogated to the law enforcement agency.
[2001 c 168 § 1; 1993 c 487 § 1; 1992 c 211 § 1.Prior: (1992 c 210 § 5 repealed by 1992 c 211 §2); 1990 c
248§2; 1990 a 213 § 12; 1989 c 271 § 212; 1988 c 282§2; 1986 c 124§9; 1984 c 258§333; 1983 c 2 §
15;prior: 1982 c 189§ 6; 1982 c 171 § 1;prior: 1981 c 67§32; 1981 c 48 §3; 1977 cx.s. c 77§ 1; 1971
cx.s.c 308 § 69.50.505.]
NOTES:
Severability-- 2001 c 168: "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." [2001 c 168 § 5.]
Effective date-- 1990 c 213 §§ 2 and 12: See note following RCW 64.44.010.
Severability— 1990 c 213: See RCW 64.44.901.
Findings-- 1989 c 271: "The legislature finds that: Drug offenses and crimes resulting
from illegal drug use are destructive to society; the nature of drug trafficking results in
many property crimes and crimes of violence; state and local governmental agencies incur
' immense expenses in the investigation, prosecution, adjudication, incarceration, and
treatment of drug-related offenders and the compensation of their victims; drug-related
offenses are difficult to eradicate because of the profits derived from the criminal
activities, which can be invested in legitimate assets and later used for further criminal
activities; and the forfeiture of real assets where a substantial nexus exists between the
commercial production or sale of the substances and the real property will provide a
significant deterrent to crime by removing the profit incentive of drug trafficking, and will
provide a revenue source that will partially defray the large costs incurred by government
as a result of these crimes. The legislature recognizes that seizure of real property is a very
powerful tool and should not be applied in cases in which a manifest injustice would occur
as a result of forfeiture of an innocent spouse's community property interest." [1989 c 271
§ 211.]
Severability-- 1989 c 271: See note following RCW 9.94A.510.
Severability-- 1988 c 282: "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." [1988 c 282 § 3.]
Court Improvement Act of 1984 -- Effective dates -- Severability-- Short title--
1984 c 258: See notes following RCW 3.30.010.
Intent-- 1984 c 258: See note following RCW 3.46.120.
Severability-- 1983 c 2: See note following RCW 18.71.030.
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Effective date-- 1982 c 189: See note following RCW 34.12.020.
Severability-- Effective date -- 1982 c 171: See RCW 69.52.900 and 69.52.901.
Severability-- 1981 c 48: See note following RCW 69.50.102.
RCW 69.50.505
Seizure and forfeiture. (Effective July 1, 2004.)
(1) The following are subject to seizure and forfeiture and no property right exists in them:
, All controlled substances which have been manufactured, distributed, dispensed,
acquired, or possessed in violation of this chapter or chapter 69.41 or 69.52 RCW, and all
hazardous chemicals, as defined in RCW 64.44.010, used or intended to be used in the
manufacture of controlled substances;
(b) All raw materials, products, and equipment of any kind which are used, or intended
for use, in manufacturing, compounding, processing, delivering, importing, or exporting
any controlled substance in violation of this chapter or chapter 69.41 or 69.52 RCW;
(c) All property which is used, or intended for use, as a container for property described
in (a) or(b) of this subsection;
(d) All conveyances, including aircraft, vehicles, or vessels, which are used, or intended
for use, in any manner to facilitate the sale, delivery, or receipt of property described in (a)
`-- or(b) of this subsection, except that:
(i)No conveyance used by any person as a common carrier in the transaction of
business as a common carrier is subject to forfeiture under this section unless it appears
that the owner or other person in charge of the conveyance is a consenting party or privy to
a violation of this chapter or chapter 69.41 or 69.52 RCW;
(ii)No conveyance is subject to forfeiture under this section by reason of any act or
omission established by the owner thereof to have been committed or omitted without the
owner's knowledge or consent;
(iii)No conveyance is subject to forfeiture under this section if used in the receipt of
only an amount of marijuana for which possession constitutes a misdemeanor under RCW
69.50.4014;
(iv) A forfeiture of a conveyance encumbered by a bona fide security interest is subject
to the interest of the secured party if the secured party neither had knowledge of nor
consented to the act or omission; and
(v) When the owner of a conveyance has been arrested under this chapter or chapter
69.41 or 69.52 RCW the conveyance in which the person is arrested may not be subject to
forfeiture unless it is seized or process is issued for its seizure within ten days of the
owner's arrest;
(e) All books, records, and research products and materials, including formulas,
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•
Page 9 of 15
microfilm, tapes, and data which are used, or intended for use, in violation of this chapter
or chapter 69.41 or 69.52 RCW;
(f)All drug paraphernalia;
(g) All moneys, negotiable instruments, securities, or other tangible or intangible
property of value furnished or intended to be furnished by any person in exchange for a
controlled substance in violation of this chapter or chapter 69.41 or 69.52 RCW, all
tangible or intangible personal property, proceeds, or assets acquired in whole or in part
with proceeds traceable to an exchange or series of exchanges in violation of this chapter •
or chapter 69.41 or 69.52 RCW, and all moneys, negotiable instruments, and securities
used or intended to be used to facilitate any violation of this chapter or chapter 69.41 or
69.52 R.CW. A forfeiture of money, negotiable instruments, securities, or other tangible or
intangible property encumbered by a bona fide security interest is subject to the interest of
the secured party if, at the time the security interest was created, the secured party neither
had knowledge of nor consented to the act or omission. No personal property may be
forfeited under this subsection (1)(g), to the extent of the interest of an owner, by reason of
any act or omission which that owner establishes was committed or omitted without the
owner's knowledge or consent; and
(h)All real property, including any right, title, and interest in the whole of any lot or
tract of land, and any appurtenances or improvements which are being used with the
knowledge of the owner for the manufacturing, compounding, processing, delivery,
importing, or exporting of any controlled substance, or which have been acquired in whole
or in part with proceeds traceable to an exchange or series of exchanges in violation of this
chapter or chapter 69.41 or 69.52 RCW, if such activity is not less than a class C felony
and a substantial nexus exists between the commercial production or sale of the controlled
substance and the real property. However:
(i)No property may be forfeited pursuant to this subsection (1)(h), to the extent of the
interest of an owner,by reason of any act or omission committed or omitted without the
owner's knowledge or consent;
(ii)The bona fide gift of a controlled substance, legend drug, or imitation controlled
substance shall not result in the forfeiture of real property;
(iii) The possession of marijuana shall not result in the forfeiture of real property unless
the marijuana is possessed for commercial purposes, the amount possessed is five or more
plants or one pound or more of marijuana, and a substantial nexus exists between the
possession of marijuana and the real property. In such a case, the intent of the offender
shall be determined by the preponderance of the evidence, including the offender's prior
criminal history, the amount of marijuana possessed by the offender, the sophistication of
the activity or equipment used by the offender, and other evidence which demonstrates the
offender's intent to engage in commercial activity;
(iv) The unlawful sale of marijuana or a legend drug shall not result in the forfeiture of
real property unless the sale was forty grams or more in the case of marijuana or one
hundred dollars or more in the case of a legend drug, and a substantial nexus exists
between the unlawful sale and the real property; and
(v)A forfeiture of real property encumbered by a bona fide security interest is subject
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to the interest of the secured party if the secured party, at the time the security interest was
created, neither had knowledge of nor consented to the act or omission.
(2) Real or personal property subject to forfeiture under this chapter may be seized by
any board inspector or law enforcement officer of this state upon process issued by any
superior court having jurisdiction over the property. Seizure of real property shall include
the filing of a lis pendens by the seizing agency. Real property seized under this section
shall not be transferred or otherwise conveyed until ninety days after seizure or until a
judgment of forfeiture is entered, whichever is later: PROVIDED, That real property
seized under this section may be transferred or conveyed to any person or entity who
acquires title by foreclosure or deed in lieu of foreclosure of a security interest. Seizure of
personal property without process may be made if:
(a) The seizure is incident to an arrest or a search under a search warrant or an
inspection under an administrative inspection warrant;
(b) The property subject to seizure has been the subject of a prior judgment in favor of
the state in a criminal injunction or forfeiture proceeding based upon this chapter;
(c) A board inspector or law enforcement officer has probable cause to believe that the
property is directly or indirectly dangerous to health or safety; or
(d) The board inspector or law enforcement officer has probable cause to believe that
the property was used or is intended to be used in violation of this chapter.
(3) In the event of seizure pursuant to subsection (2) of this section, proceedings for
forfeiture shall be deemed commenced by the seizure. The law enforcement agency under
whose authority the seizure was made shall cause notice to be served within fifteen days
following the seizure on the owner of the property seized and the person in charge thereof
and any person having any known right or interest therein, including any community
property interest, of the seizure and intended forfeiture of the seized property. Service of
notice of seizure of real property shall be made according to the rules of civil procedure.
However, the state may not obtain a default judgment with respect to real property against
a party who is served by substituted service absent an affidavit stating that a good faith
effort has been made to ascertain if the defaulted party is incarcerated within the state, and
that there is no present basis to believe that the party is incarcerated within the state.
Notice of seizure in the case of property subject to a security interest that has been
perfected by filing a financing statement in accordance with chapter 62A.9A RCW, or a
certificate of title, shall be made by service upon the secured party or the secured party's
assignee at the address shown on the financing statement or the certificate of title. The
notice of seizure in other cases may be served by any method authorized by law or court
rule including but not limited to service by certified mail with return receipt requested.
Service by mail shall be deemed complete upon mailing within the fifteen day period
following the seizure.
(4) If no person notifies the seizing law enforcement agency in writing of the person's
claim of ownership or right to possession of items specified in subsection (1)(d), (g), or(h)
of this section within forty-five days of the seizure in the case of personal property and
ninety days in the case of real property, the item seized shall be deemed forfeited. The
community property interest.in real property of a person whose spouse committed a
violation giving rise to seizure of the real property may not be forfeited if the person did
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not participate in the violation.
(5) If any person notifies the seizing law enforcement agency in writing of the person's
claim of ownership or right to possession of items specified in subsection (1)(b), (c), (d),
(e), (f), (g), or(h) of this section within forty-five days of the seizure in the case of
personal property and ninety days in the case of real property, the person or persons shall
be afforded a reasonable opportunity to be heard as to the claim or right. The hearing shall
be before the chief law enforcement officer of the seizing agency or the chief law
enforcement officer's designee, except where the seizing agency is a state agency as
defined in RCW 34.12.020(4), the hearing shall be before the chief law enforcement
officer of the seizing agency or an administrative law judge appointed under chapter 34.12
RCW, except that any person asserting a claim or right may remove the matter to a court
of competent jurisdiction. Removal of any matter involving personal property may only be
accomplished according to the rules of civil procedure. The person seeking removal of the
matter must serve process against the state, county, political subdivision, or municipality
that operates the seizing agency, and any other party of interest, in accordance with RCW
4.28.080 or 4.92.020, within forty-five days after the person seeking removal has notified
the seizing law enforcement agency of the person's claim of ownership or right to
possession. The court to which the matter is to be removed shall be the district court when
the aggregate value of personal property is within the jurisdictional limit set forth in RCW
3.66.020. A hearing before the seizing agency and any appeal therefrom shall be under
Title 34 RCW. In all cases, the burden of proof is upon the law enforcement agency to
establish, by a preponderance of the evidence, that the property is subject to forfeiture.
The seizing law enforcement agency shall promptly return the article or articles to the
claimant upon a determination by the administrative law judge or court that the claimant is
the present lawful owner or is lawfully entitled to possession thereof of items specified in
subsection (1)(b), (c), (d), (e), (f), (g), or(h) of this section.
(6) In any proceeding to forfeit property under this title, where the claimant
substantially prevails, the claimant is entitled to reasonable attorneys' fees reasonably
incurred by the claimant. In addition, in a court hearing between two or more claimants to
the article or articles involved, the prevailing party is entitled to a judgment for costs and
reasonable attorneys' fees.
(7) When property is forfeited under this chapter the board or seizing law enforcement
agency may:
(a) Retain it for official use or upon application by any law enforcement agency of this
state release such property to such agency for the exclusive use of enforcing the provisions
of this chapter;
(b) Sell that which is not required to be destroyed by law and which is not harmful to
the public;
(c) Request the appropriate sheriff or director of public safety to take custody of the
property and remove it for disposition in accordance with law; or
(d) Forward it to the drug enforcement administration for disposition.
(8)(a) When property is forfeited, the seizing agency shall keep a record indicating the
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identity of the prior owner, if known, a description of the property, the disposition of the
property, the value of the property at the time of seizure, and the amount of proceeds
,I realized from disposition of the property.
(b) Each seizing agency shall retain records of forfeited property for at least seven
years.
(c) Each seizing agency shall file a report including a copy of the records of forfeited
property with the state treasurer each calendar quarter.
(d) The quarterly report need not include a record of forfeited property that is still being
held for use as evidence during the investigation or prosecution of a case or during the
appeal from a conviction.
(9)(a) By January 31st of each year, each seizing agency shall remit to the state
treasurer an amount equal to ten percent of the net proceeds of any property forfeited
during the preceding calendar year. Money remitted shall be deposited in the violence
reduction and drug enforcement account under RCW 69.50.520.
(b) The net proceeds of forfeited property is the value of the forfeitable interest in the
property after deducting the cost of satisfying any bona fide security interest to which the
property is subject at the time of seizure; and in the case of sold property, after deducting
the cost of sale, including reasonable fees or commissions paid to independent selling
agents, and the cost of any valid landlord's claim for damages under subsection (15) of this
section.
(c) The value of sold forfeited property is the sale price. The value of retained forfeited
property is the fair market value of the property at the time of seizure, determined when
possible by reference to an applicable commonly used index, such as the index used by the
department of licensing for valuation of motor vehicles. A seizing agency may use, but
need not use, an independent qualified appraiser to determine the value of retained
property. If an appraiser is used, the value of the property appraised is net of the cost of the
appraisal. The value of destroyed property and retained firearms or illegal property is zero.
(10) Forfeited property and net proceeds not required to be paid to the state treasurer
shall be retained by the seizing law enforcement agency exclusively for the expansion and
improvement of controlled substances related law enforcement activity. Money retained
under this section may not be used to supplant preexisting funding sources.
(11) Controlled substances listed in Schedule I, II, 111, IV, and V that are possessed,
transferred, sold, or offered for sale in violation of this chapter are contraband and shall be
seized and summarily forfeited to the state. Controlled substances listed in Schedule 1, II,
III, IV, and V, which are seized or come into the possession of the board, the owners of
which are unknown, are contraband and shall be summarily forfeited to the board.
(12) Species of plants from which controlled substances in Schedules 1 and II may be
derived which have been planted or cultivated in violation of this chapter, or of which the
owners or cultivators are unknown, or which are wild growths, may be seized and
summarily forfeited to the board.
(13)The failure, upon demand by a board inspector or law enforcement officer, of the
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person in occupancy or in control of land or premises upon which the species of plants are
�.- -•„ growhig or being stored to produce an appropriate registration or proof that he or she is the
holder thereof constitutes authority for the seizure and forfeiture of the plants.
(14) Upon the entry of an order of forfeiture of real property, the court shall forward a
copy of the order to the assessor of the county in which the property is located. Orders for
the forfeiture of real property shall be entered by the superior court, subject to court rules.
Such an order shall be filed by the seizing agency in the county auditor's records in the
county in which the real property is located_
(15) A landlord may assert a claiul against proceeds from the sale of assets seized and
forfeited under subsection (7)(b) of this section, only if
(a) A law enforcement officer, while acting in his or her official capacity, directly
caused damage to the complaining landlord's property while executing a search of a
tenant's residence; and
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(b)The landlord has applied any funds remaining in the tenant's deposit, to which the
landlord has a right under chapter 59.18 RW, to cover the damage directly caused by a
law enforcement officer prior to asserting a claim under the provisions of this section;
(i) Only if the funds applied under (b) of this subsection are insufficient to satisfy the
damage directly caused by a law enforcement officer, may the landlord seek compensation
for the damage by filing a claim against the governmental entity under whose authority the
law enforcement agency operates within thirty days after the search;
(ii) Only if the governmental entity denies or fails to respond to the landlord's claim
within sixty days of the date of filing, may the landlord collect damages under this
subsection by filing within thirty days of denial or the expiration of the sixty-dayperiod,
whichever occurs first, a claim with the seeing law enforcement agency. The seizing law
enforcement agency must notify the landlord of the status of the claim by the end of the
thirty-day period, Nothing in this section requires the claim to be paid by the end of the
sixty-day or thirty-day period.
(c) For any claim filed under(b) of this subsection, the law enforcement agency shall
pay the claim unless the agency provides substantial proof that the landlord either:
(i) Knew or consented to actions of the tenant in violation of this chapter or chapter
69.41 or 69.52 RW: or
(ii) Failed to respond to a notification of the illegal activity, provided by a law
enforcement agency under lW 59_]8.075, within seven days of receipt of notification of
the illegal activity.
(16) The landlord's claim for damages under subsection (1 5) of this section may not
include a claim for loss of-business and is limited to:
(a) Damage to tangible property and clean-up costs;
(b) The lesser of the cost of repair or fair market value of the damage directly caused by
a law enforcement officer;
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(c) The proceeds from the sale of the specific tenant's property seized and forfeited
under subsection (7)(b) of this section; and
(d) The proceeds available after the seizing law enforcement agency satisfies any bona
fide security interest in the tenant's property and costs related to sale of the tenant's
property as provided by subsection(9)(b) of this section.
(17) Subsections (15) and (16) of this section do not limit any other rights a landlord
may have against a tenant to collect for damages. However, if a law enforcement agency
satisfies a landlord's claim under subsection (15) of this section, the rights the landlord has
against the tenant for damages directly caused by a law enforcement officer under the
terms of the landlord and tenant's contract are subrogated to the law enforcement agency.
[2003 c 53 § 348;2001 c 168 § 1; 1993 c 487 § 1; 1992 c 211 § 1.Prior: (1992 c 210§ 5 repealed by 1992 c
211 § 2); 1990 c 248 § 2; 1990 c 213 § 12; 1989 c 271 § 212; 1988 c 282 § 2; 1986 c 124§ 9; 1984 c 258 §
333; 1983 c 2 § 15;prior: 1982 a 189 § 6; 1982 c 171 § 1;prior: 1981 c 67§32; 1981 c 48 § 3; 1977 ex.s.c
77 § 1; 1971 ex.s.c 308 §69.50.505 .l
NOTES:
Intent-- Effective date -- 2003 c 53: See notes following RCW 2.48.180.
Severability-- 2001 c 168: "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." [2001 c 168 § 5.]
Effective date-- 1990 c 213 §§ 2 and 12: See note following RCW 64.44.010.
Severability-- 1990 c 213: See RCW 64.44.901.
Findings-- 1989 c 271: "The legislature finds that: Drug offenses and crimes resulting
from illegal drug use are destructive to society; the nature of drug trafficking results in
many property crimes and crimes of violence; state and local governmental agencies incur
immense expenses in the investigation, prosecution, adjudication, incarceration, and
treatment of drug-related offenders and the compensation of their victims; drug-related
offenses are difficult to eradicate because of the profits derived from the criminal
activities, which can be invested in legitimate assets and later used for further criminal
activities; and the forfeiture of real assets where a substantial nexus exists between the
commercial production or sale of the substances and the real property will provide a
significant deterrent to crime by removing the profit incentive of drug trafficking, and will
provide a revenue source that will partially defray the large costs incurred by government
as a result of these crimes. The legislature recognizes that seizure of real property is a very
powerful tool and should not be applied in cases in which a manifest injustice would occur
as a result of forfeiture of an innocent spouse's community property interest." [1989 c 271
5 211.]
Severability-- 1989 c 271: See note following RCW 9.94A.510.
Severability-- 1988 c 282: "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
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to other persons or circumstances is not affected." [1988 c 282 § 3.1
Court Improvement Act of 1984 -- Effective dates -- Severability-- Short title--
1984 c 258: See notes following RCW 3.30.010.
Intent-- 1984 c 258: See note following RCW 3.46.120.
Severability-- 1983 c 2: See note following RCW 18.71.030.
Effective date— 1982 c 189: See note following RCW 34.12.020.
Severability— Effective date -- 1982 c 171: See RCW 69.52.900 and 69.52.901.
Severability— 1981 c 48: See note following RCW 69.50.102.
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RCW 69.50.506
Burden of proof; liabilities.
(a) It is not necessary for the state to negate any exemption or exception in this chapter in
any complaint, information, indictment or other pleading or in any trial, hearing, or other
proceeding under this chapter. The burden of proof of any exemption or exception is upon
the person claiming it.
(b) In the absence of proof that a person is the duly authorized holder of an appropriate
registration or order form issued under this chapter, he is presumed not to be the holder of
the registration or form. The burden of proof is upon him to rebut the presumption.
(c) No liability is imposed by this chapter upon any authorized state, county or
municipal officer, engaged in the lawful performance of his duties.
[1971 cx.s.c 308 § 69.50.506.]
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RCW 69.50.509
Search and seizure of controlled substances.
lf, upon the sworn complaint of any person, it shall be made to appear to any judge of the
superior court, district court, or municipal court that there is probable cause to believe that
any controlled substance is being used, manufactured, sold, bartered, exchanged,
administered, dispensed, delivered, distributed, produced, possessed, given away,
furnished or otherwise disposed of or kept in violation of the provisions of this chapter,
such judge shall, with or without the approval of the prosecuting attorney, issue a warrant
directed to any law enforcement officer of the state, commanding him or her to search the
premises designated and described in such complaint and warrant, and to seize all
controlled substances there found, together with the vessels in which they are contained,
and all implements, furniture and fixtures used or kept for the illegal manufacture, sale,
barter, exchange, administering, dispensing, delivering, distributing, producing,
possessing, giving away, furnishing or otherwise disposing of such controlled substances,
and to safely keep the same, and to make a return of said warrant within three days,
showing all acts and things done thereunder, with a particular statement of all articles
seized and the name of the person or persons in whose possession the same were found, if
any, and if no person be found in the possession of said articles, the returns shall so state.
The provisions of RCW 10.31.030 as now or hereafter amended shall apply to actions
taken pursuant to this chapter.
[1987 a 202§228; 1971 ex.s.c 308 § 69.50.509.]
NOTES:
Intent-- 1987 c 202: See note following RCW 2.04.190.
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RCW 9.24.010
-.\ Fraud in stock subscription.
Every person who shall sign the name of a fictitious person to any subscription for or any
agreement to take stock in any corporation existing or proposed, and every person who
shall sign to any such subscription or agreement the name of any person, knowing that
such person does not intend in good faith to comply with the terms thereof, or upon any
understanding or agreement that the terms of such subscription or agreement are not to be
complied with or enforced, shall be guilty of a gross misdemeanor.
[1909 c 249§386; RRS§2638.Formerly RCW 9.44.090.]
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RCW 9.24.040
Corporation doing business without license.
Every corporation, whether domestic or foreign, and every person representing or
pretending to represent such corporation as an officer, agent or employee thereof, who
shall transact, solicit or advertise for any business in this state, before such corporation
shall have obtained from the officer lawfully authorized to issue the same, a certificate that
such corporation is authorized to transact business in this state, shall be guilty of a gross
misdemeanor.
[1909 c 249§389;R.RS§ 2641.Formerly RCW 9.45.130.1
NOTES:
Application to mutual savings banks: RCW 32.04.120.
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RCW 9A.40.01.0
Definitions.
The following definitions apply in this chapter:
(1) "Restrain" means to restrict a person's movements without consent and without
legal authority in a manner which interferes substantially with his liberty. Restraint is
"without consent" if it is accomplished by (a) physical force, intimidation, or deception, or
(b) any means including acquiescence of the victim, if he is a child less than sixteen years
old or an incompetent person and if the parent, guardian, or other person or institution
having lawful control or custody of him has not acquiesced.
(2) "Abduct" means to restrain a person by either (a) secreting or holding him in a place
where he is not likely to be found, or (b) using or threatening to use deadly force;
(3) "Relative" means an ancestor, descendant, or sibling, including a relative of the
same degree through marriage or adoption, or a spouse.
[1975 1st ex.s.c 260 §9A,40.010.]
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RCW 9A.40.070
Custodial interference in the second degree. (Effective until July 1, 2004.)
(1) A relative of a person is guilty of custodial interference in the second degree if, with
the intent to deny access to such person by a parent, guardian, institution, agency, or other
person having a lawful right to physical custody of such person, the relative takes, entices,
retains, detains, or conceals the person from a parent, guardian, institution, agency, or
other person having a lawful right to physical custody of such person. This subsection
shall not apply to a parent's noncompliance with a court-ordered parenting plan.
(2) A parent of a child is guilty of custodial interference in the second degree if: (a)The
parent takes, entices,retains, detains, or conceals the child, with the intent to deny access,
from the other parent having the lawful right to time with the child pursuant to a court-
ordered parenting plan; or(b) the parent has not complied with the residential provisions
of a court-ordered parenting plan after a finding of contempt under RCW 26.09.160(3); or
(c) if the court finds that the parent has engaged in a pattern of willful violations of the
court-ordered residential provisions.
(3) Nothing in (b) of this subsection prohibits conviction of custodial interference in the
second degree under(a) or(c) of this subsection in absence of findings of contempt.
(4) The first conviction of custodial interference in the second degree is a gross
misdemeanor. The second or subsequent conviction of custodial interference in the second
degree is a class C felony.
[1989 c 318 § 2; 1984 c 95 §2.]
NOTES:
Severability— 1989 c 318: See note following RCW 26.09.160.
Severability-- 1984 c 95: See note following RCW 9A.40.060.
RCW 9A.40.070
Custodial interference in the second degree. (Effective July 1, 2004.)
(1) A relative of a person is guilty of custodial interference in the second degree if, with
the intent to deny access to such person by a parent, guardian, institution, agency, or other
person having a lawful right to physical custody of such person, the relative takes, entices,
retains, detains, or conceals the person from a parent, guardian, institution, agency, or
other person having a lawful right to physical custody of such person. This subsection
shall not apply to a parent's noncompliance with a court-ordered parenting plan.
(2) A parent of a child is guilty of custodial interference in the second degree if: (a) The
parent takes, entices,retains, detains, or conceals the child, with the intent to deny access,
from the other parent having the lawful right to time with the child pursuant to a court-
ordered parenting plan; or(b) the parent has not complied with the residential provisions
of a court-ordered parenting plan after a finding of contempt under RCW 26.09.160(3); or
(c) if the court finds that the parent has engaged in a pattern of willful violations of the
court-ordered residential provisions.
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(3)Nothing in subsection (2)(b) of this section prohibits conviction of custodial
interference in the second degree under subsection(2)(a) or(c) of this section in absence
of findings of contempt.
(4)(a)The first conviction of custodial interference in the second degree is a gross
misdemeanor.
(b) The second or subsequent conviction of custodial interference in the second degree
is a class C felony.
[2003 c 53 § 66; 1989 c 318 § 2; 1984 c 95 § 2.]
NOTES:
Intent-- Effective date-- 2003 c 53: See notes following RCW 2.48.180.
Severability-- 1989 c 318: See note following RCW 26.09.160.
Severability-- 1984 c 95: See note following RCW 9A.40.060.
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RCW 9A.40.080
--, Custodial interference-- Assessment of costs -- Defense -- Consent defense, restricted.
(1) Any reasonable expenses incurred in locating or returning a child or incompetent
person shall be assessed against a defendant convicted under RCW 9A.40.060 or
9A.40.070.
(2) In any prosecution of custodial interference in the first or second duee, it is a
complete defense, if established by the defendant by a preponderance of the evidence, that:
(a) The defendant's purpose was to protect the child, incompetent person, or himself or
herself from imminent physical harm, that the belief in the existence of the imminent
physical harm was reasonable, and that the defendant sought the assistance of the police,
sheriffs office, protective agencies, or the court of any state before committing the acts
giving rise to the charges or within a reasonable time thereafter;
(b) The complainant had, prior to the defendant committing the acts giving rise to the
crime, for a protracted period of time, failed to exercise his or her rights to physical
custody or access to the child under a court-ordered parenting plan or order granting
visitation rights, provided that such failure was not the direct result of the defendant's
denial of access to such person;
(c) The acts giving rise to the charges were consented to by the complainant; or
(d)The offender, after providing or making a good faith effort to provide notice to the
J person entitled to access to the child, failed to provide access to the child due to reasons
that a reasonable person would believe were directly related to the welfare of the child, and
allowed access to the child in accordance with the court order within a reasonable period
of time. The burden of proof that the denial of access was reasonable is upon the person
denying access to the child.
(3) Consent of a child less than sixteen years of age or of an incompetent person does
not constitute a defense to an action under RCW 9A.40.060 or 9A.40.070.
[1989c318 §S; 1984c95§3]
NOTES:
Severability-- 1989 c 318: See note following RCW 26.09.160.
Severability— 1984 c 95: See note following RCW 9A.40.060.
Child custody, action by relative: RCW 26.09.255.
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RCN' 10.99.020
Definitions.
Unless the context clearly requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Family or household members" means spouses, former spouses, persons who have
a child in common regardless of whether they have been married or have lived together at
any time, adult persons related by blood or marriage, adult persons who are presently
residing together or who have resided together in the past, persons sixteen years of age or
older who are presently residing together or who have resided together in the past and who
have or have had a dating relationship,persons sixteen years of age or older with whom a
person sixteen years of age or older has or has had a dating relationship, and persons who
have a biological or legal parent-child relationship, including stepparents and stepchildren
and grandparents and grandchildren.
(2) "Dating relationship" has the same meaning as in RCW 26.50.010.
(3) "Domestic violence" includes but is not limited to any of the following crimes when
committed by one family or household member against another:
(a) Assault in the first degree (RCW 9A.36.011);
(b) Assault in the second degree (RCW 9A.36.021);
(c) Assault in the third degree(RCW 9A.36.031);
(d)Assault in the fourth degree(RCW 9A.36.041);
(c) Drive-by shooting(RCW 9A.36.045);
(1) Reckless endangerment (RCW 9A.36.050);
(g) Coercion (RCW 9A.36.070);
(h) Burglary in the first degree (RCW 9A.52.020);
(i) Burglary in the second degree (RCW 9A.52.030);
(j) Criminal trespass in the first degree(RCW 9A.52.070);
(k) Criminal trespass in the second degree (RCW 9A.52.080);
(1) Malicious mischief in the first degree (RCW 9A.48.070);
(m) Malicious mischief in the second degree (RCW 9A.48.080);
(n) Malicious mischief in the third degree(RCW 9A.48.090);
(o) Kidnapping in the first degree(RCW 9A.40.020);
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(p) Kidnapping in the second degree (RCW 9A.40.030);
(q) Unlawful imprisorunent (RCW 9A.40.040);
(r) Violation of the provisions of a restraining order, no-contact order, or protection
order restraining or enjoining the person or restraining the person from going onto the
grounds of or entering a residence, workplace, school, or day care, or prohibiting the
person from knowingly coming within, or knowingly remaining within, a specified
distance of a location (RCW 10.99.040, 10.99.050, 26.09.300, 26.10.220, 26.26.138,
26.44.063, 26.44.150, 26.50.060, 26.50.070, 26.50.130, 26.52.070, or 74.34.145);
(s) Rape in the first degree (RCW 9A.44.040);
(t) Rape in the second degree(R.CW 9A.44.050);
(u) Residential burglary(RCW 9A.52.025);
(v) Stalking (RCW 9A.46.110); and
(w) Interference with the reporting of domestic violence (RCW 9A.36.150).
(4) "Victim" means a family or household member who has been subjected to domestic
violence.
[2000 c 119 § 5; 1997 c 338 § 53; 1996 c 248§ 5; 1995 c 246§21; 1994 c 121 §4; 1991 c 301 § 3; 1986 c
257 § 3; 1934 c 263 §20; 1979 ex.s.c 105 §2.]
NOTES:
Application— 2000 c 119: See note following RCW 26.50.021.
Finding-- Evaluation -- Report-- 1997 c 338: See note following RCW 13.40.0357.
Severability-- Effective dates -- 1997 c 338: See notes following RCW 5.60.060.
Severability-- 1.995 c 246: See note following RCW 26.50.010.
Finding-- 1991 c 301: "The legislature finds that:
The collective costs to the community for domestic violence include the systematic
destruction of individuals and their families, lost lives, lost productivity, and increased
health care, criminal justice, and social service costs.
Children growing up in violent homes are deeply affected by the violence as it happens
and could be the next generation of batterers and victims.
Many communities have made headway in addressing the effects of domestic violence
and have devoted energy and resources to stopping this violence. However, the process for
breaking the cycle of abuse is lengthy.No single system intervention is enough in itself.
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An integrated system has not been adequately funded and structured to assure access to
a wide range of services, including those of the law/safety/justice system, human service
system, and health care system. These services need to be coordinated and
multidisciplinary in approach and address the needs of victims, batterers, and children
from violent homes.
Given the lethal nature of domestic violence and its effect on all within its range, the
community has a vested interest in the methods used to stop and prevent future violence.
Clear standards of quality are needed so that perpetrator treatment programs receiving
public funds or court-ordered referrals can be required to comply with these standards.
While incidents of domestic violence are not caused by perpetrator's use of alcohol and
illegal substances, substance abuse may be a contributing factor to domestic violence and
the injuries and deaths that result from it.
There is a need for consistent training of professionals who deal frequently with
domestic violence or are in a position to identify domestic violence and provide support
and information.
Much has been learned about effective interventions in domestic violence situations;
however, much is not yet known and further study is required to know how to best stop
this violence." [1991 c 301 § 1.]
Severability-- 1986 c 257: See note following RCW 9A.56.010.
Effective date-- 1986 c 257 §§ 3-10: See note following RCW 9A.04.110.
Effective date--Severability-- 1984 c 263: See RCW 26.50.901 and 26.50.902.
Domestic violence defined under the Domestic Violence Prevention Act: RCW 26.50.010.
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RCW 10.99.030
Law enforcement officers -- Training, powers, duties-- Domestic violence reports.
(1) All training relating to the handling of domestic violence complaints by law
enforcement officers shall stress enforcement of criminal laws in domestic situations,
availability of community resources, and protection of the victim. Law enforcement
agencies and community organizations with expertise in the issue of domestic violence
shall cooperate in all aspects of such training.
(2) The criminal justice training commission shall implement by January 1, 1997, a
course of instruction for the training of law enforcement officers in-Washington in the
handling of domestic violence complaints. The basic law enforcement curriculum of the
criminal justice training commission shall include at least twenty hours of basic training
instruction on the law enforcement response to domestic violence. The course of
instruction, the learning and performance objectives, and the standards for the training
shall be developed by the commission and focus on enforcing the criminal laws, safety of
the victim, and holding the perpetrator accountable for the violence. The curriculum shall
include training on the extent and prevalence of domestic violence, the importance of
criminal justice intervention, techniques for responding to incidents that minimize the
likelihood of officer injury and that promote victim safety, investigation and interviewing
skills, evidence gathering and report writing, assistance to and services for victims and
children, verification and enforcement of court orders, liability, and any additional
provisions that are necessary to carry out the intention of this subsection.
(3) The criminal justice training commission shall develop and update annually an in-
service training program to familiarize law enforcement officers with the domestic
violence laws. The program shall include techniques for handling incidents of domestic
violence that minimize the likelihood of injury to the officer and that promote the safety of
all parties. The commission shall make the training program available to all law
enforcement agencies in the state.
(4) Development of the training in subsections (2) and (3) of this section shall be
conducted in conjunction with agencies having a primary responsibility for serving victims
of domestic violence with emergency shelter and other services, and representatives to the
statewide organization providing training and education to these organizations and to the
general public.
(5) The primary duty of peace officers, when responding to a domestic violence
situation, is to enforce the laws allegedly violated and to protect the complaining party.
(6)(a) When a peace officer responds to a domestic violence call and has probable
cause to believe that a crime has been committed, the peace officer shall exercise arrest
powers with reference to the criteria in RCW 10.31.100. The officer shall notify the victim
of the victim's right to initiate a criminal proceeding in all cases where the officer has not
exercised arrest powers or decided to initiate criminal proceedings by citation or
otherwise. The parties in such cases shall also be advised of the importance of preserving
evidence.
(b) A peace officer responding to a domestic violence call shall take a complete offense
report including the officer's disposition of the case.
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(7) When a peace officer responds to a domestic violence call, the officer shall advise
t" victims of all reasonable means to prevent further abuse; including advising each person of
the availability of a shelter or other services in the community, and giving each person
immediate notice of the legal rights and remedies available. The notice shall include
handing each person a copy of the following statement:
"IF YOU ARE THE VICTIM OF DOMESTIC VIOLENCE, you can ask the
city or county prosecuting attorney to file a criminal complaint. You also have
the right to file a petition in superior, district, or municipal court requesting an
order for protection from domestic abuse which could include any of the
following: (a) An order restraining your abuser from further acts of abuse; (b)
an order directing your abuser to leave your household; (c) an order
preventing your abuser from entering your residence, school, business, or
place of employment; (d) an order awarding you or the other parent custody of
or visitation with your minor child or children; and (e) an order restraining
your abuser from molesting or interfering with minor children in your
custody. The forms you need to obtain a protection order are available in any
municipal, district, or superior court.
Information about shelters and alternatives to domestic violence is available
from a statewide twenty-four-hour toll-free hot line at (include appropriate
phone number). The battered women's shelter and other resources in your area
are (include local information)"
(8) The peace officer may offer, arrange, or facilitate transportation for the victim to a
hospital for treatment of injuries or to a place of safety or shelter.
(9) The law enforcement agency shall forward the offense report to the appropriate
prosecutor within ten days of making such report if there is probable cause to believe that
an offense has been committed, unless the case is under active investigation.
(10) Each law enforcement agency shall make as soon as practicable a written record
•
and shall maintain records of all incidents of domestic violence reported to it.
(11) Records kept pursuant to subsections (6) and (10) of this section shall be made
identifiable by means of a departmental code for domestic violence.
(12) Commencing January 1, 1994, records of incidents of domestic violence shall be
submitted, in accordance with procedures described in this subsection, to the Washington
association of sheriffs and police chiefs by all law enforcement agencies. The Washington
criminal justice training commission shall amend its contract for collection of statewide
crime data with the Washington association of sheriffs and police chiefs:
•
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(a) To include a table, in the annual report of crime in Washington produced by the
_. Washington association of sheriffs and police chiefs pursuant to the contract, showing the
total number of actual offenses and the number and percent of the offenses that are
domestic violence incidents for the following crimes: (i) Criminal homicide, with subtotals
for murder and nonnegligent homicide and manslaughter by negligence; (ii) forcible rape,
with subtotals for rape by force and attempted forcible rape; (iii) robbery, with subtotals
for firearm, knife or cutting instrument, or other dangerous weapon, and strongarm
robbery; (iv) assault, with subtotals for firearm, knife or cutting instrument, other
dangerous weapon, hands, feet, aggravated, and other nonaggravated assaults; (v)
burglary, with subtotals for forcible entry, nonforcible unlawful entry, and attempted
forcible entry; (vi) larceny theft, except motor vehicle theft; (vii) motor vehicle theft, with
subtotals for autos, trucks and buses, and other vehicles; (viii) arson; and (ix) violations of
the provisions of a protection order or no-contact order restraining the person from going
onto the grounds of or entering a residence, workplace, school, or day care, provided that
specific appropriations are subsequently made for the collection and compilation of data
regarding violations of protection orders or no-contact orders;
(b) To require that the table shall continue to be prepared and contained in the annual
report of crime in Washington until that time as comparable or more detailed information
about domestic violence incidents is available through the Washington state incident based
reporting system and the information is prepared and contained in the annual report of
crime in Washington; and
(c) To require that, in consultation with interested persons, the Washington association
of sheriffs and police chiefs prepare and disseminate procedures to all law enforcement
agencies in the state as to how the agencies shall code and report domestic violence
incidents to the Washington association of sheriffs and police chiefs.
[1996 c 248§6; 1995 c 246§22; 1993 c 350§ 3; 1984 c 263 § 21; 1981 c 145 §5; 1979 ex.s.c 105§3.]
NOTES:
Severability— 1995 c 246: See note following RCW 26.50.010.
Findings-- Severability— 1993 c 350: See notes following RCW 26.50.035.
Effective date — Severability-- 1984 c 263: See RCA 26.50.901 and 26.50.902.
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RCW 10.99.040
Duties of court--No-contact order.
(1) Because of the serious nature of domestic violence, the court in domestic violence
actions:
(a) Shall not dismiss any charge or delay disposition because of concurrent dissolution
or other civil proceedings;
(b) Shall not require proof that either party is seeking a dissolution of marriage prior to
instigation of criminal proceedings;
(c) Shall waive any requirement that the victim's location be disclosed to any person,
other than the attorney of a criminal defendant, upon a showing that there is a possibility
of further violence: PROVIDED, That the court may order a criminal defense attorney not
to disclose to his or her client the victim's location; and
(d) Shall identify by any reasonable means on docket sheets those criminal actions
arising from acts of domestic violence.
(2)(a) Because of the likelihood of repeated violence directed at those who have been
victims of domestic violence in the past, when any person charged with or arrested for a
crime involving domestic violence is released from custody before arraignment or trial on
bail or personal recognizance, the court authorizing the release may prohibit that person
from having any contact with the victim. The jurisdiction authorizing the release shall .
determine whether that person should be prohibited from having any contact with the
victim. If there is no outstanding restraining or protective order prohibiting that person
from having contact with the victim, the court authorizing release may issue, by telephone,
a no-contact order prohibiting the person charged or arrested from having contact with the
victim or from knowingly coming within, or knowingly remaining within, a specified
distance of a location.
(b) In issuing the order, the court shall consider the provisions of RCW 9.41.800.
(c) The no-contact order shall also be issued in writing as soon as possible.
(3) At the time of arraignment the court shall determine whether a no-contact order
shall be issued or extended. The no-contact order shall terminate if the defendant is
acquitted or the charges are dismissed. If a no-contact order is issued or extended, the
court may also include in the conditions of release a requirement that the defendant submit
to electronic monitoring. If electronic monitoring is ordered, the court shall specify who
shall provide the monitoring services, and the terms under which the monitoring shall be
performed. Upon conviction, the court may require as a condition of the sentence that the
defendant reimburse the providing agency for the costs of the electronic monitoring.
(4)(a) Willful violation of a court order issued under subsection (2) or(3) of this section
is punishable under RCW 26.50.110.
(b) The written order releasing the person charged or arrested shall contain the court's
directives and shall bear the legend: "Violation of this order is a criminal offense under
chapter 26.50 RCW and will subject a violator to arrest; any assault, drive-by shooting, or
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reckless endangerment that is a violation of this order is a felony. You can be arrested even
if any person protected by the order invites or allows you to violate the order's
prohibitions. You have the sole responsibility to avoid or refrain from violating the order's
provisions. Only the court can change the order."
(c) A certified copy of the order shall be provided to the victim.
(5) If a no-contact order has been issued prior to charging, that order shall expire at
arraignment or within seventy-two hours if charges are not filed. Such orders need not be
entered into the computer-based criminal intelligence information system in this state
which is used by law enforcement agencies to list outstanding warrants.
(6) Whenever a no-contact order is issued, modified, or terminated under subsection (2)
or(3) of this section, the clerk of the court shall forward a copy of the order on or before
the next judicial day to the appropriate law enforcement agency specified in the order.
Upon receipt of the copy of the order the law enforcement agency shall enter the order for
one year or until the expiration date specified on the order into any computer-based
criminal intelligence information system available in this state used by law enforcement
agencies to list outstanding warrants. Entry into the computer-based criminal intelligence
information system constitutes notice to all law enforcement agencies of the existence of
the order. The order is fully enforceable in any jurisdiction in the state. Upon receipt of
notice that an order has been terminated under subsection (3) of this section, the law
enforcement agency shall remove the order from the computer-based criminal intelligence
information system.
[2000 c 119§ 18; 1997 c 338 § 54; 1996 c 248 §7; 1995 c 246§ 23; 1994 sp.s. c 7§449; 1992 c 86§ 2;
1991 c 301 §4; 1985 c 303 § 10; 1984 c 263 §22; 1983 c 232 § 7; 1981 c 145§ 6; 1979 ex.s.c 105§4.J
NOTES:
Application — 2000 c 119: See note following RCW 26.50.021.
Finding-- Evaluation -- Report-- 1997 c 338: See note following RCW 13.40.0357.
•
Severability— Effective dates -- 1997 c 338: See notes following RCW 5.60.060.
Sevcrability-- 1995 c 246: See note following RCW 26.50.010.
Finding— Intent-- Severability-- 1994 sp.s. c 7: See notes following RCW
43.70.540.
Effective date— 1994 sp.s. c 7 §§ 401-410, 413-416, 418-437, and 439-460: See note
following RCW 9.41.010.
Finding-- 1991 c 301: See note following RCW 10.99.020.
Effective date-- Severability— 1984 c 263: See RCW 26.50.901 and 26.50.902.
•Severability-- 1983 c 232: See note following RCW 9.41.010.
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•
Page 3 of 3
Child abuse, temporary restraining order: RCW 26.44.063.
Orders for protection in cases of domestic violence: RCW 26.50.030, 26.50.070.
Temporary restraining order: RCW 26.09.060.
•
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RCW 10.99.040
f— Duties of court--No-contact order.
(1) Because of the serious nature of domestic violence, the court in domestic violence
actions:
(a) Shall not dismiss any charge or delay disposition because of concurrent dissolution
or other civil proceedings;
(b) Shall not require proof that either party is seeking a dissolution of marriage prior to
instigation of criminal proceedings;
(c) Shall waive any requirement that the victim's location he disclosed to any person,
other than the attorney of a criminal defendant, upon a showing that there is a possibility
of further violence: PROVIDED,That the court may order a criminal defense attorney not
to disclose to his or her client the victim's location; and
(d) Shall identify by any reasonable means on docket sheets those criminal actions
arising from acts of domestic violence.
(2)(a) Because of the likelihood of repeated violence directed at those who have been
victims of domestic violence in the past, when any person charged with or arrested for a
crime involving domestic violence is released from custody before arraignment or trial on
bail or personal recognizance, the court authorizing the release may prohibit that person
from having any contact with the victim. The jurisdiction authorizing the release shall
determine whether that person should be prohibited from having any contact with the
victim. If there is no outstanding restraining or protective order prohibiting that person
from having contact with the victim, the court authorizing release may issue, by telephone,
a no-contact order prohibiting the person charged or arrested from having contact with the
victim or from knowingly coming within, or knowingly remaining within, a specified
distance of a location.
(b) In issuing the order, the court shall consider the provisions of RCW 9.41.800.
(c)The no-contact order shall also be issued in writing as soon as possible.
(3) At the time of arraignment the court shall determine whether a no-contact order
shall be issued or extended. The no-contact order shall terminate if the defendant is
acquitted or the charges are dismissed. if a no-contact order is issued or extended, the
court may also include in the conditions of release a requirement that the defendant submit
to electronic monitoring. If electronic monitoring is ordered, the court shall specify who
shall provide the monitoring services, and the terms under which the monitoring shall be
performed. Upon conviction, the court may require as a condition of the sentence that the
defendant reimburse the providing agency for the costs of the electronic monitoring.
(4)(a)Willful violation of a court order issued under subsection(2) or(3) of this section
is punishable under RCW 26.50.110.
(b) The written order releasing the person charged or arrested shall contain the court's
directives and shall bear the legend: "Violation of this order is a criminal offense under
chapter 26.50 RCW and will subject a violator to arrest; any assault, drive-by shooting, or
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reckless endangerment that is a violation of this order is a felony. You can be arrested even
if any person protected by the order invites or allows you to violate the order's
prohibitions. You have the sole responsibility to avoid or refrain from violating the order's
provisions. Only the court can change the order."
(c) A certified copy of the order shall be provided to the victim.
(5) If a no-contact order has been issued prior to charging, that order shall expire at
arraignment or within seventy-two hours if charges are not filed. Such orders need not be
entered into the computer-based criminal intelligence information system in this state
which is used by law enforcement agencies to list outstanding warrants.
(6) Whenever a no-contact order is issued, modified, or terminated under subsection (2)
or(3) of this section, the clerk of the court shall forward a copy of the order on or before
the next judicial day to the appropriate law enforcement agency specified in the order.
Upon receipt of the copy of the order the law enforcement agency shall enter the order for
one year or until the expiration date specified on the order into any computer-based
criminal intelligence information system available in this state used by law enforcement
agencies to list outstanding warrants. Entry into the computer-based criminal intelligence
information system constitutes notice to all law enforcement agencies of the existence of
the order. The order is fully enforceable in any jurisdiction in the state. Upon receipt of
notice that an order has been terminated under subsection (3) of this section, the law
enforcement agency shall remove the order from the computer-based criminal intelligence
information system.
[2000 c 119§ 18; 1997 c 338 § 54; 1996 c 248 § 7; 1995 c 246§23; 1994 sp.s.c 7§449; 1992 c 86§2;
1991 c 301 §4; 1985 c 303 § 10; 1984 c 263 § 22; 1983 c 232 § 7; 1981 c 145 § 6; 1979 ex.s.c 105§4.]
NOTES:
Application— 2000 c 119: See note following RCW 26.50.021.
Finding-- Evaluation -- Report— 1997 c 338: See note following RCW 13.40.0357.
Severability-- Effective dates -- 1997 c 338: See notes following RCW 5.60.060.
Severability— 1995 c 246: See note following RCW 26.50.010.
Finding-- Intent— Severability— 1994 sp.s. c 7: See notes following RCW
43.70.540.
Effective date -- 1994 sp.s. c 7 §§ 401-410,413-416,418-437, and 439-460: See note
following RCW 9.41.010.
Finding— 1991 c 301: See note following RCW 10.99.020.
Effective date— Severability-- 1984 c 263: See RCW 26.50.901 and 26.50.902.
Severability-- 1983 c 232: See note following RCW 9.41.010.
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Child abuse, temporary restraining order: RC\V 26.44.063.
Orders for protection in cases of domestic violence: RCW 26.50.030, 26.50.070.
Temporary restraining order: RCW 26.09.060.
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RCW 10.99.045
Appearances by defendant--No-contact order.
i
(1)A defendant arrested for an offense involving domestic violence as defined by RCW
10.99.020 shall be required to appear in person before a magistrate within one judicial day
after the arrest.
(2) A defendant who is charged by citation, complaint, or information with an offense
involving domestic violence as defined by RCW 10.99.020 and not arrested shall appear in
court for arraignment in person as soon as practicable, but in no event later than fourteen
days after the next day on which court is in session following the issuance of the citation
or the filing of the complaint or information.
(3) At the time of the appearances provided in subsection (1) or(2) of this section, the
court shall determine the necessity of imposing a no-contact order or other conditions of
pretrial release according to the procedures established by court rule for a preliminary
appearance or an arraignment. The court may include in the order any conditions
authorized under RCW 9.41.800 and 10.99.040.
(4) Appearances required pursuant to this section are mandatory and cannot be waived.
(5)The no-contact order shall be issued and entered with the appropriate law
enforcement agency pursuant to the procedures outlined in *RCW 10.99.040 (2) and (4).
[2000 c 119§ 19; 1998 c 55 §2; 1994 sp.s.c 7 §450; 1984 c 263 §23; 1983 c 232 § 8; 1981 c 145 § 7.]
NOTES:
*Reviser's note: RCW 10.99.040 was amended by 1985 c 303 § 10 changing
subsection (4) to subsection(5); and was subsequently amended by 2000 c 119 § 18
changing subsection (5) to subsection (6).
Application -- 2000 c 119: See note following RCW 26.50.021.
Finding-- Intent-- Severability-- 1994 sp.s. c 7: See notes following RCW
43.70.540.
Effective date -- 1994 sp.s. c 7 §§ 401-410,413-416, 418-437, and 439-460: See note
following RCW 9.41.010.
Effective date -- Severability-- 1984 c 263: See RCW 26.50.901 and 26.50.902.
Severability-- 1983 c 232: See note following RCW 9.41.010.
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RCW 10.99.050
Victim contact-- Restriction, prohibition -- Violation, penalties-- Written order --
� 1
Procedures --Notice of change.
(I) When a defendant is found guilty of a crime and a condition of the sentence restricts
the defendant's ability to have contact with the victim, such condition shall be recorded
and a written certified copy of that order shall be provided to the victim.
(2)(a) Willful violation of a court order issued under this section is punishable under
RCW 26.50.110.
(b)The written order shall contain the court's directives and shall bear the legend:
Violation of this order is a criminal offense under chapter 26.50 RCW and will subject a
violator to arrest; any assault, drive-by shooting, or reckless endangerment that is a
violation of this order is a felony.
(3) Whenever an order prohibiting contact is issued pursuant to this section, the clerk of
the court shall forward a copy of the order on or before the next judicial day to the
appropriate law enforcement agency specified in the order. Upon receipt of the copy of the
order the law enforcement agency shall enter the order for one year or until the expiration
date specified on the order into any computer-based criminal intelligence information
system available in this state used by law enforcement agencies to list outstanding
warrants. Entry into the computer-based criminal intelligence information system
constitutes notice to all law enforcement agencies of the existence of the order. The order
is fully enforceable in any jurisdiction in the state.
(4) If an order prohibiting contact issued pursuant to this section is modified or
terminated, the clerk of the court shall notify the law enforcement agency specified in the
order on or before the next judicial day. Upon receipt of notice that an order has been
terminated, the law enforcement agency shall remove the order from any computer-based
criminal intelligence system.
[2000 c 119§20; 1997 c 338§55; 1996 c 248 § 8; 1991 c 301 § 5; 1985 c 303§ 12; 1984 c 263 §24; 1979
ex.s. c 105 § 5.]
NOTES: •
Application— 2000 c 119: See note following RCW 26.50.021.
Finding-- Evaluation -- Report-- 1997 c 338: See note following RCW 13.40.0357.
Severability-- Effective dates -- 1997 c 338: See notes following RCW 5.60.060.
Finding-- 1991 c 301: See note following RCW 10.99.020.
Effective date -- Severability-- 1984 c 263: See RCW 26.50.901 and 26.50.902.
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RCW 10.99.055
-� Enforcement of orders.
A peace officer in this state shall enforce an order issued by any court in this state
restricting a defendant's ability to have contact with a victim by arresting and taking the
defendant into custody,pending release on bail,personal recognizance, or court order,
when the officer has probable cause to believe that the defendant has violated the terms of
that order.
[1984c263 §25; 1983c232 §9; 1981 c 145§8.)
NOTES:
Effective date-- Severability-- 1984 c 263: See RCW 26.50.901 and 26.50.902.
Severability-- 1983 c 232: See note following RCW 9.41.010.
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RCW 26 . 50 CHAPTER Page 1 of 24
Chapter 26.50 RCW
DOMESTIC VIOLENCE PREVENTION
RCW SECTIONS
ig26.-5 U:lll(i Definitions.
+26:50:020"Commencement of action-- Jurisdiction-- Venue.
26.50.021 Actions on behalf of vulnerable adults -- Authority of department of social and health
services -- Immunity from liability.
26.50.025 Orders under this chapter and chapter 26.09, 26.10, or 26.26 RCW -- Enforcement --
Consolidation.
426,A0030..Petition for an order for protection -- Availability of forms and informational brochures --
Bond not required.
2.6.50.035 Development of instructions, informational brochures, forms, and handbook by the
administrator for the courts -- Community resource list--Distribution of master copy.
'7'6; 0:040iFees not permitted -- Filing, service of process, certified copies.
c'26.50.050 Hearing-- Service --Time.
26.50.055 Appointment of interpreter.
..gip ,(i.0_Relief-- Duration -- Realignment of designation of parties -- Award of costs, service fees,
and attorneys' fees.
,,26:50:070y,Ex parte temporary order for protection.
.26:50Q i ! suance of order-- Assistance of peace officer-- Designation of appropriate law
enforcement agency.
,26-50:08S,Hearing reset after ex parte order -- Service by publication-- Circumstances.
26.50.090iOrder-- Service -- Fees.
.26A5:1!99?-5‘Order following service by publication.
2'6'. ON110.0,Order-- Transmittal to law enforcement agency -- Record in law enforcement information
system-- Enforceability.
2.64:50-14 l!4 Violation of order-- Penalties.
r20.1P.. 0111t,5,'Enforcement of ex parte order -- Knowledge of order prerequisite to penalties-- Reasonable
efforts to serve copy of order.
r267-50ilail Violation of order-- Prosecuting attorney or attorney for municipality may be requested to
assist -- Costs and attorney's fee.
26J2'3i Service by mail.
2 ?' `Service by publication or mailing-- Costs.
2C OLi,F?.@ Order-- Modification -- Transmittal.
26.50.135 Residential placement or custody of a child-- Prerequisite.
25;f1.C4:U11?'eace officers -- Immunity.
26.50.150 Domestic violence perpetrator programs.
26.50.160 Judicial information system -- Data base (as amended by 2000 c 51).
26.50.160 Judicial information system-- Data base (as amended by 2000 c 119).
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RCW 26 . 50 CHAPTER Page 2 of 24
26.50.165 Judicial information system --Names of adult cohabitants in third-party custody actions.
26.50.200 Title to real estate-- Effect.
-) g2h50Proceedings additional.
26.50.220 Parenting plan-- Designation of parent for other state and federal purposes.
26.50.900 Short title.
26.50.901 Effective date -- 1984 c 263.
26.50.902 Severability -- 1984 c 263.
26.50.903 Severability-- 1992 c 1 1 1.
NOTES:
Abuse of children: Chapter 26.44 RCW.
Arrest without warrant: R.CW 10.31.100(2).
Dissolution of marriage: Chapter 26.09 RCW.
Domestic violence, official response: Chapter.10.99 RCW.
Nonparental actions for child custody: Chapter 26.10 RCW.
Shelters for victims of domestic violence: Chapter 70.123 RCW.
RCW 26.50.010
Definitions.
As used in this chapter, the following terms shall have the meanings given them:
(1) "Domestic violence" means: (a) Physical harm, bodily injury, assault, or the infliction of fear of
imminent physical harm, bodily injury or assault, between family or household members; (b) sexual
assault of one family or household member by another; or(c) stalking as defined in RCW 9A.46.110 of
one family or household member by another family or household member.
(2) "Family or household members" means spouses, former spouses, persons who have a child in
common regardless of whether they have been married or have lived together at any time, adult persons
related by blood or marriage, adult persons who are presently residing together or who have resided
together in the past, persons sixteen years of age or older who are presently residing together or who
have resided together in the past and who have or have had a dating relationship, persons sixteen years
of age or older with whom a person sixteen years of age or older has or has had a dating relationship,
and persons who have a biological or legal parent-child relationship, including stepparents and
stepchildren and grandparents and grandchildren.
(3) "Dating relationship" means a social relationship of a romantic nature. Factors that the court may
consider in making this determination include: (a) The length of time the relationship has existed; (b) the
nature of the relationship; and (c) the frequency of interaction between the parties.
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RCW 26 . 50 CHAPTER Page 3 of 24
(4) "Court" includes the superior, district, and municipal courts of the state of Washington.
(5) "Judicial day" does not include Saturdays, Sundays, or legal holidays.
(6) "Electronic monitoring" means a program in which a person's presence at a particular location is
monitored from a remote location by use of electronic equipment.
(7) "Essential personal effects" means those items necessary for a person's immediate health, welfare,
and livelihood. "Essential personal effects" includes but is not limited to clothing, cribs, bedding,
documents, medications, and personal hygiene items.
[1999 c 184§ 13; 1995 c 246§ 1.Prior: 1992 c 1 I 1 § 7; 1992 c 86§3; 1991 c 301 § 8; 1984 c 263 § 2.]
NOTES:
Short title-- Severability-- 1999 c 184: See RCW 26.52.900 and 26.52.902.
Severability— 1995 c 246: "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." [1995 c 246 § 40.]
Findings -- 1992 c 111: See note following RCW 26.50.030.
Finding-- 1991 c 301: See note following RCW 10.99.020.
Domestic violence offenses defined: RCW 10.99.020.
RCW 26.50.020
Commencement of action -- Jurisdiction — Venue.
(1) Any person may seek relief under this chapter by filing a petition with a court alleging that the
person has been the victim of domestic violence committed by the respondent. The person may petition
for relief on behalf of himself or herself and on behalf of minor family or household members.
(2) A person under eighteen years of age who is sixteen years of age or older may seek relief under
this chapter and is not required to seek relief by a guardian or next friend.
(3)No guardian or guardian ad litem need be appointed on behalf of a respondent to an action under
this chapter who is under eighteen years of age if such respondent is sixteen years of age or older.
(4) The court may, if it deems necessary, appoint a guardian ad litem for a petitioner or respondent
who is a party to an action under this chapter.
(5)The courts defined in *RCW 26.50.010(3) have jurisdiction over proceedings under this chapter.
The jurisdiction of district and municipal courts under this chapter shall be limited to enforcement of
RCW 26.50.110(1), or the equivalent municipal ordinance, and the issuance and enforcement of
temporary orders for protection provided for in RCW 26.50.070 if: (a) A superior court has exercised or
is exercising jurisdiction over a proceeding under this title or chapter 13.34 RCW involving the parties;
(b) the petition for relief under this chapter presents issues of residential schedule of and contact with
children of the parties; or (c) the petition for relief under this chapter requests the court to exclude a
party from the dwelling which the parties share. When the jurisdiction of a district or municipal court is
limited to the issuance and enforcement of a temporary order, the district or municipal court shall set the
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full hearing provided for in RCW 26.50.050 in superior court and transfer the case. If the notice and
r.\ order are not served on the respondent in time for the full hearing, the issuing court shall have
concurrent jurisdiction with the superior court to extend the order for protection.
(6) An action under this chapter shall be filed in the county or the municipality where the petitioner
resides,unless the petitioner has left the residence or household to avoid abuse. In that case, the
petitioner may bring an action in the county or municipality of the previous or the new household or
residence.
(7) A person's right to petition for relief under this chapter is not affected by the person leaving the
residence or household to avoid abuse.
[1992 c 111 §8; 1989 c 375§28; 1987 c 71 § 1; 1985 c 303 § 1; 1984 c 263 §3.]
NOTES:
*Reviser's note: RCW 26.50.010(3) was renumbered as RCW 26.50.010(4)by 1992 c 111 § 7.
Findings— 1992 c 1l l: See note following RCW 26.50.030.
Severability— 1989 c 375: See RCW 26.09.914.
Effective date-- 1985 c 303 §§ 1, 2: "Sections 1 and 2 of this act shall take effect September 1,
1985." [1985 c 303 § 15.]
RCW 26.50.021
Actions on behalf of vulnerable adults— Authority of department of social and health services —
Immunity from liability.
The department of social and health services, in its discretion, may seek the relief provided in this
chapter on behalf of and with the consent of any vulnerable adult as those persons are defined in RCW
74.34.020. Neither the department nor the state of Washington shall be liable for failure to seek relief on
behalf of any persons under this section.
[2000 c 119 § 1.]
NOTES:
Application -- 2000 c 119: "The penalties prescribed in this act apply to violations of court orders
which occur on or after July 1, 2000, regardless of the date the court issued the order." [2000 c 119 §
31.]
RCW 26.50.025
Orders under this chapter and chapter 26.09,26.10, or 26.26 RCW-- Enforcement—
Consolidation.
(1) Any order available under this chapter may be issued in actions under chapter 26.09, 26.10, or 26.26
RCW. If an order for protection is issued in an action under chapter 26.09, 26.10, or 26.26 RCW, the
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order shall be issued on the forms mandated by RCW 26.50.035(1). An order issued in accordance with
this subsection is fully enforceable and shall be enforced under the provisions of this chapter.
(2) If a party files an action under chapter 26.09, 26.10, or 26.26 RCW, an order issued previously
under this chapter between the same parties may be consolidated by the court under that action and
cause number. Any order issued under this chapter after consolidation shall contain the original cause
number and the cause number of the action under chapter 26.09, 26.10, or 26.26 RCW. Relief under this
chapter shall not be denied or delayed on the grounds that the relief is available in another action.
[1995 e 246 § 2.]
NOTES:
Severability— 1995 c 246: See note following RCW 26.50.010.
RCW 26.50.030
Petition for an order for protection -- Availability of forms and informational brochures— Bond
not required.
There shall exist an action known as a petition for an order for protection in cases of domestic violence.
(1) A petition for relief shall allege the existence of domestic violence, and shall be accompanied by
an affidavit made under oath stating the specific facts and circumstances from which relief is sought.
Petitioner and respondent shall disclose the existence of any other litigation concerning the custody or
residential placement of a child of the parties as set forth in *RCW 26.27.090 and the existence of any
other restraining, protection, or no-contact orders between the parties.
(2) A petition for relief may be made regardless of whether or not there is a pending lawsuit,
complaint, petition, or other action between the parties except in cases where the court realigns
petitioner and respondent in accordance with RCW 26.50.060(4).
(3) Within ninety days of receipt of the master copy from the administrator for the courts, all court
clerk's offices shall make available the standardized forms, instructions, and informational brochures
required by RCW 26.50.035 and shall fill in and keep current specific program names and telephone
numbers for community resources. Any assistance or information provided by clerks under this section
does not constitute the practice of law and clerks are not responsible for incorrect information contained
in a petition.
(4)No filing fee may be charged for proceedings under this section. Forms and instructional
brochures shall be provided free of charge.
(5) A person is not required to post a bond to obtain relief in any proceeding under this section.
[1996 c 248 § 12; 1995 c 246§ 3; 1992 c 111 § 2; 1985 c 303 § 2; 1984 c 263 §4.]
NOTES:
*Reviser's note: RCW 26.27.090 was repealed by 2001 c 65 § 403. Later enactment, see RCW
26.27.281.
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Severability-- 1995 c 246: See note following RCW 26.50.010.
Findings -- 1992 c 111: "The legislature finds that:
Domestic violence is a problem of immense proportions affecting individuals as well as
communities. Domestic violence has long been recognized as being at the core of other major social
problems: Child abuse, other crimes of violence against person or property, juvenile delinquency, and
alcohol and drug abuse. Domestic violence costs millions of dollars each year in the state of Washington
for health care, absence from work; services to children, and more. The crisis is growing.
While the existing protection order process can be a valuable tool to increase safety for victims and to
hold batterers accountable, specific problems in its use have become evident. Victims have difficulty
completing the paperwork required particularly if they have limited English proficiency; model forms
have been modified to be inconsistent with statutory language; different forms create confusion for law
enforcement agencies about the contents and enforceability of orders. Refinements are needed so that
victims have the easy, quick, and effective access to the court system envisioned at the time the
protection order process was first created.
When courts issue mutual protection orders without the filing of separate written petitions, notice to
each respondent, and hearing on each petition, the original petitioner is deprived of due process. Mutual
protection orders label both parties as violent and treat both as being equally at fault: Batterers conclude
that the violence is excusable or provoked and victims who are not violent are confused and stigmatized.
Enforcement may be ineffective and mutual orders may be used in other proceedings as evidence that
the victim is equally at fault.
Valuable information about the reported incidents of domestic violence in the state of Washington is
unobtainable without gathering data from all law enforcement agencies; without this information, it is
difficult for policymakers, funders, and service providers to plan for the resources and services needed
to address the issue.
Domestic violence must be addressed more widely and more effectively in our state: Greater
knowledge by professionals who deal frequently with domestic violence is essential to enforce existing
laws, to intervene in domestic violence situations that do not come to the attention of the law
enforcement or judicial systems, and to reduce and prevent domestic violence by intervening before the
violence becomes severe.
Adolescent dating violence is occurring at increasingly high rates: Preventing and confronting
adolescent violence is important in preventing potential violence in future adult relationships." [1992 c
111 § 1.]
Effective date -- 1985 c 303 §§ 1, 2: See note following RCW 26.50.020.
Child abuse, temporary restraining order: RCW 26.44.063.
Orders prohibiting contact: RCW 10.99.040.
Temporary restraining order: RCW 26.09.060.
RCW 26.50.035
Development of instructions, informational brochures, forms, and handbook by the administrator
for the courts -- Community resource list--Distribution of master copy.
•
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(1) The administrator for the courts shall develop and prepare instructions and informational brochures
required under RCW 26.50.230(4), standard petition and order for protection forms, and a court staff
handbook on domestic violence and the protection order process. The standard petition and order for
protection forms must be used after September 1, 1994, for all petitions filed and orders issued under
this chapter. The instructions, brochures, forms, and handbook shall be prepared in consultation with
interested persons, including a representative of the state domestic violence coalition,judges, and law
enforcement personnel.
(a) The instructions shall be designed to assist petitioners in completing the petition, and shall include
a sample of standard petition and order for protection forms.
(b) The informational brochure shall describe the use of and the process for obtaining, modifying,
and terminating a domestic violence protection order as provided under this chapter, an antiharassment
no-contact order as provided under chapter 9A.46 RCW, a domestic violence no-contact order as
provided under chapter 10.99 RCW, a restraining order as provided under chapters 26.09, 26.10, 26.26,
and 26.44 RCW, an antiharassment protection order as provided by chapter 10.14 RCW, and a foreign
protection order as defined in chapter 26.52 RCW.
(c) The order for protection form shall include, in a conspicuous location, notice of criminal penalties
resulting from violation of the order, and the following statement: "You can be arrested even if the
person or persons who obtained the order invite or allow you to violate the order's prohibitions. The
respondent has the sole responsibility to avoid or refrain from violating the order's provisions. Only the
court can change the order upon written application."
(d) The court staff handbook shall allow for the addition of a community resource list by the court
- clerk.
(2) All court clerks shall obtain a community resource list from a domestic violence program, defined
in RCW 70.123.020, serving the county in which the court is located. The community resource list shall
include the names and telephone numbers of domestic violence programs serving the community in
which the court is located, including law enforcement agencies, domestic violence agencies, sexual
assault agencies, legal assistance programs, interpreters, multicultural programs, and batterers' treatment
programs. The court shall make the community resource list available as part of or in addition to the
informational brochures described in subsection (1) of this section.
(3) The administrator for the courts shall distribute a master copy of the petition and order forms,
instructions, and informational brochures to all court clerks and shall distribute a master copy of the
petition and order forms to all superior, district, and municipal courts.
(4) For purposes of this section, "court clerks" means court administrators in courts of limited
jurisdiction and elected court clerks.
(5) The administrator for the courts shall determine the significant non-English-speaking or limited
English-speaking populations in the state. The administrator shall then arrange for translation of the
instructions and informational brochures required by this section, which shall contain a sample of the
standard petition and order for protection forms, into the languages spoken by those significant non-
English-speaking populations and shall distribute a master copy of the translated instructions and
informational brochures to all court clerks by January 1, 1997.
(6) The administrator for the courts shall update the instructions, brochures, standard petition and
order for protection forms, and court staff handbook when changes in the law make an update necessary.
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[2000 c 119§ 14; 1995 c 246§4; 1993 c 350§ 2; 1985 c 303 §3; 1984 c 263§ 311
r
Application -- 2000 c 11.9: See note following RCW 26.50.021.
Severability— 1995 c 246: See note following RCW 26.50.010.
Findings -- 1993 c 350: The legislature finds that domestic violence is a problem of immense
proportions affecting individuals as well as communities. Domestic violence has long been recognized
as being at the core of other major social problems including child abuse, crimes of violence against
person or property,juvenile delinquency, and alcohol and drug abuse. Domestic violence costs include
the loss of lives as well as millions of dollars each year in the state of Washington for health care,
absence from work, and services to children. The Crisis is growing.
While the existing protection order process can be a valuable tool to increase safety for victims and to
hold batterers accountable, specific problems in its use have become evident. Victims have difficulty
completing the paperwork required; model forms have been modified to be inconsistent with statutory
language; different forms create confusion for law enforcement agencies about the contents and
enforceability of orders. Refinements are needed so that victims have the easy, quick, and effective
access to the court system envisioned at the time the protection order process was first created.
Valuable information about the reported incidents of domestic violence in the state of Washington is
unobtainable without gathering data from all law enforcement agencies. Without this information, it is
difficult for policymakers, fenders, and service providers to plan for the resources and services needed
to address the issue." [1993 c 350 § 1.]
Severability-- 1993 c 350: "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." [1993 c 350 § 9.]
RCW 2630.040
Fees not permitted — Filing, service of process, certified copies.
No fees for filing or service of process may be charged by a public agency to petitioners seeking relief
under this chapter. Petitioners shall be provided the necessary number of certified copies at no cost.
. [1995 e 246 § 5; 1985 c 303 §4; 1984 c 263 § 5.]
NOTES:
Severability— 1995 c 246: See note following RCW 26.50.010.
RCW 26.50.050
Bearing-- Service -- Time.
Upon receipt of the petition, the court shall order a hearing which shall be held not later than fourteen
days from the date of the order. The court may schedule a hearing by telephone pursuant to local court
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rule, to reasonably accommodate a disability, or in exceptional circumstances to protect a petitioner
from further acts of domestic violence. The court shall require assurances of the petitioner's identity
before conducting a telephonic hearing. Except as provided in RCW 26.50.085 and 26.50.123, personal
service shall be made upon the respondent not less than five court days prior to the hearing. If timely
personal service cannot be made, the court shall set a new hearing date and shall either require additional
attempts at obtaining personal service or permit service by publication as provided in RCW 26.50.085 or
service by mail as provided in RCW 26.50.123. if the court permits service by publication or by mail,
the court shall set the hearing date not later than twenty-four days from the date of the order. The court
may issue an ex parte order for protection pending the hearing as provided in RCW 26.50.070,
26.50.085, and 26.50.123.
[1995 c 246 § 6; 1992 c 143 §x' 1; 1984 c 263 § 6.]
NOTES:
Severability— 1995 c 246: See note following RCW 26.50.010.
RCW 26.50.055
Appointment of interpreter.
(1) Pursuant to chapter 2.42 RCW, an interpreter shall be appointed for any party who, because of a
hearing or speech impairment, cannot readily understand or communicate in spoken language.
(2) Pursuant to chapter 2.43 RCW, an interpreter shall be appointed for any party who cannot readily
speak or understand the English language.
(3)The interpreter shall translate or interpret for the party in preparing forms, participating in the
hearing and court-ordered assessments, and translating any orders.
[1995 c 246§ 11.]
NOTES:
Severability-- 1995 c 246: See note following RCW 26.50.010.
RCW 26.50.060
Relief— Duration — Realignment of designation of parties — Award of costs, service fees, and
attorneys' fees.
(l) Upon notice and after hearing, the court may provide relief as follows:
(a) Restrain the respondent from committing acts of domestic violence;
(b) Exclude the respondent from the dwelling that the parties share, from the residence, workplace, or
school of the petitioner, or from the day care or school of a child;
(c) Prohibit the respondent from knowingly coming within, or knowingly remaining within, a
specified distance from a specified location;
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(d) On the same basis as is provided in chapter 26.09 RCW, the court shall make residential
provision with regard to minor children of the parties. However, parenting plans as specified in chapter
26.09 RCW shall not be required under this chapter;
(e) Order the respondent to participate in a domestic violence perpetrator treatment program
approved under RCW 26.50.150;
(f) Order other relief as it deems necessary for the protection of the petitioner and other family or
household members sought to be protected, including orders or directives to a peace officer, as allowed
under this chapter;
(g) Require the respondent to pay the administrative court costs and service fees, as established by
the county or municipality incurring the expense and to reimburse the petitioner for costs incurred in
bringing the action, including reasonable attorneys' fees;
(h) Restrain the respondent from having any contact with the victim of domestic violence or the
victim's children or members of the victim's household;
(i) Require the respondent to submit to electronic monitoring. The order shall specify who shall
provide the electronic monitoring services and the terms under which the monitoring must be performed.
The order also may include a requirement that the respondent pay the costs of the monitoring. The court
shall consider the ability of the respondent to pay for electronic monitoring;
(j) Consider the provisions of RCW 9.41.800;
(l:) Order possession and use of essential personal effects. The court shall list the essential personal
effects with sufficient specificity to make it clear which property is included; and
(1) Order use of a vehicle.
(2) If a protection order restrains the respondent from contacting the respondent's minor children the
restraint shall be for a fixed period not to exceed one year. This limitation is not applicable to orders for
protection issued under chapter 26.09, 26.10, or 26.26 RCW. With regard to other relief, if the petitioner
has petitioned for relief on his or her own behalf or on behalf of the petitioner's family or household
members or minor children, and the court finds that the respondent is likely to resume acts of domestic
violence against the petitioner or the petitioner's family or household members or minor children when
the order expires, the court may either grant relief for a fixed period or enter a permanent order of
protection.
If the petitioner has petitioned for relief on behalf of the respondent's minor children, the court shall
advise the petitioner that if the petitioner wants to continue protection for a period beyond one year the
petitioner may either petition for renewal pursuant to the provisions of this chapter or may seek relief
pursuant to the provisions of chapter 26.09 or 26.26 RCW.
(3) if the court grants an order for a fixed time period, the petitioner may apply for renewal of the
order by filing a petition for renewal at any time within the three months before the order expires. The
petition for renewal shall state the reasons why the petitioner seeks to renew the protection order. Upon
receipt of the petition for renewal the court shall order a hearing which shall be not later than fourteen
days from the date of the order. Except as provided in RCW 26.50.085, personal service shall be made
on the respondent not less than five days before the hearing. If timely service cannot be made the court
shall set a new hearing date and shall either require additional attempts at obtaining personal service or
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permit service by publication as provided in RCW 26.50.0a5_or by mail as provided in RCW 26.50.123.
If the court permits service by publication or mail, the court shall set the new hearing date not later than
�f ~; twenty-four days from the date of the order. if the order expires because timely service cannot be made
-/ the court shall grant an ex parte order of protection as provided in RCW 26.50.070. The court shall grant
the petition for renewal unless the respondent proves by a preponderance of the evidence that the
respondent will not resume acts of domestic violence against the petitioner or the petitioner's children or
family or household members when the order expires. The court may renew the protection order for
another fixed time period or may enter a permanent order as provided in this section. The court may
award court costs, service fees, and reasonable attorneys' fees as provided in *subsection (1)(f) of this
section.
(4) In providing relief under this chapter, the court may realign the designation of the parties as
"petitioner" and "respondent" where the court finds that the original petitioner is the abuser and the
original respondent is the victim of domestic violence and may issue an ex parte temporary order for
protection in accordance with RCW 26.50.070 on behalf of the victim until the victim is able to prepare
a petition for an order for protection in accordance with RCW 26.50.03 _.
(5) Except as provided in subsection (4) of this section, no order for protection shall grant relief to
any party except upon notice to the respondent and hearing pursuant to a petition or counter-petition
filed and served by the party seeking relief in accordance with RCW 26.50.050.
(6) The court order shall specify the date the order expires if any. The court order shall also state
whether the court issued the protection order following personal service, service by publication, or
service by mail and whether the court has approved service by publication or mail of an order issued
under this section.
(7) If the court declines to issue an order for protection or declines to renew an order for protection,
the court shall state in writing on the order the particular reasons for the court's denial.
[2000 c 119§ 15; 1999 c 147 § 2; 1996 c 248 § 13; 1995 c 246§ 7; 1994 sp.s.c 7 §457. Prior: 1992 c 143 § 2; 1992 c 111 §
4; 1992 c 86 §4; 1989 c 411 § 1; 1987 c 460§ 55; 1985 c 303 § 5; 1984 c 263 § 7.]
NOTES:
*Reviser's note: Subsection (1)(f) of this section was renumbered as subsection(1)(g) by 2000 c 119
§ 15.
Application -- 2000 c 119: See note following RCW 26.50.021.
Severability-- 1995 c 246: See note following RCW 26.50.010.
Finding-- Intent-- Severability-- 1994 sp.s. c 7: See notes following RCW 43.70.540.
Effective date— 1994 sp.s. c 7 §§ 401-410, 413-416, 418-437, and 439-460: See note following
RCW 9.41.010.
Findings -- 1992 c 111: See note following RCW 26.50.030.
Short title -- Section captions -- Effective date -- Severability-- 1987 c 460: See R.CW 26.09.910
through 26.09.913.
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RCW 26.50.070
Ex parte temporary order for protection.
(1) Where an application under this section alleges that irreparable injury could result from domestic
violence if an order is not issued immediately without prior notice to the respondent, the court may grant
an ex parte temporary order for protection, pending a full hearing, and grant relief as the court deems
proper, including an order:
(a) Restraining any party from committing acts of domestic violence;
(b) Restraining any party from going onto the grounds of or entering the dwelling that the parties
share, from the residence, workplace, or school of the other, or from the day care or school of a child
until further order of the court;
(c) Prohibiting any party from knowingly coming within, or knowingly remaining within, a specified
distance from a specified location;
(d) Restraining any party from interfering with the other's custody of the minor children or from
removing the children from the jurisdiction of the court;
(e) Restraining any party from having any contact with the victim of domestic violence or the
victim's children or members of the victim's household; and
(f) Considering the provisions of RCW 9.41.800.
(2) Irreparable injury under this section includes but is not limited to situations in which the
respondent has recently threatened petitioner with bodily injury or has engaged in acts of domestic
violence against the petitioner.
(3)The court shall hold an ex parte hearing in person or by telephone on the day the petition is filed
or on the following judicial day.
(4) An ex parte temporary order for protection shall be effective for a fixed period not to exceed
fourteen days or twenty-four days if the court has permitted service by publication under RCW
26.50.085 or by mail under RCW 26.50.123. The ex parte order may be reissued. A full hearing, as
provided in this chapter, shall be set for not later than fourteen days from the issuance of the temporary
order or not later than twenty-four days if service by publication or by mail is permitted. Except as
provided in RCW 26.50.050, 26.50.085, and 26.50.123, the respondent shall be personally served with a
copy of the ex parte order along with a copy of the petition and notice of the date set for the hearing.
(5) Any order issued under this section shall contain the date and time of issuance and the expiration
date and shall be entered into a statewide judicial information system by the clerk of the court within one
judicial day after issuance.
(6) If the court declines to issue an ex parte temporary order for protection the court shall state the
particular reasons for the court's denial. The court's denial of a motion for an ex parte order of protection
shall be filed with the court.
[2000 c 119§ 16; 1996 e 248 § 14; 1995 c 246§ 8; 1994 sp.s.c 7 `458; 1992 c 143 § 3; 1989 c 411 § 2; 1954 c 263 § 81
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NOTES:
j Application— 2000 c 119: See note following RCW 26.50.021.
Severability-- 1995 c 246: See note following RCW 26.50.010.
Finding-- Intent— Severability -- 1994 sp.s. c 7: See notes following RCW 43.70.540.
Effective date-- 1994 sp.s. c 7 §§ 401-410, 413-416, 418-437, and 439-460: See note following
RCW 9.41.010.
Child abuse, temporary restraining order: RCW 26.44.063.
Orders prohibiting contact: RCW 10.99.040.
Temporary restraining order: RCW 26.09.060.
RCW 26.50.080
Issuance of order-- Assistance of peace officer --Designation of appropriate law enforcement
agency.
(1) When an order is issued under this chapter upon request of the petitioner, the court may order a
peace officer to accompany the petitioner and assist in placing the petitioner in possession of those items
indicated in the order or to otherwise assist in the execution of the order of protection. The order shall
list all items that are to be included with sufficient specificity to make it clear which property is
included. Orders issued under this chapter shall include a designation of the appropriate law
`._ enforcement agency to execute, serve, or enforce the order.
(2) Upon order of a court, a peace officer shall accompany the petitioner in an order of protection and
assist in placing the petitioner in possession of all items listed in the order and to otherwise assist in the
execution of the order.
[1995 c 246§ 9; 1984 c 263 § 9.]
NOTES:
Severability-- 1995 c 246: See note following RCW 26.50.010.
RCW 26.50.085
Hearing reset after ex parte order -- Service by publication -- Circumstances.
(1) If the respondent was not personally served with the petition, notice of hearing, and ex parte order
before the hearing, the court shall reset the hearing for twenty-four days from the date of entry of the
order and may order service by publication instead of personal service under the following
circumstances:
(a) The sheriff or municipal officer files an affidavit stating that the officer was unable to complete
personal service upon the respondent. The affidavit must describe the number and types of attempts the
officer made to complete service;
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(b) The petitioner files an affidavit stating that the petitioner believes that the respondent is hiding
from the server to avoid service. The petitioner's affidavit must state the reasons for the belief that the
petitioner [respondent] is avoiding service;
(c) The server has deposited a copy of the summons, in substantially the form prescribed in
subsection (3) of this section, notice of hearing, and the ex parte order of protection in the post office,
directed to the respondent at the respondent's last known address, unless the server states that the server
does not know the respondent's address; and
(d) The court finds reasonable grounds exist to believe that the respondent is concealing himself or
herself to avoid service, and that further attempts to personally serve the respondent would be futile or
unduly burdensome.
(2)The court shall reissue the temporary order of protection not to exceed another twenty-four days
from the date of reissuing the ex parte protection order and order to provide service by publication.
(3)The publication shall be made in a newspaper of general circulation in the county where the
petition was brought and in the county of the last known address of the respondent once a week for three
consecutive weeks. The newspaper selected must be one of the three most widely circulated papers in
the county. The publication of summons shall not be made until the court orders service by publication
under this section. Service of the summons shall be considered complete when the publication has been
made for three consecutive weeks. The summons must be signed by the petitioner. The summons shall
contain the date of the first publication, and shall require the respondent upon whom service by
publication is desired, to appear and answer the petition on the date set for the hearing. The summons
shall also contain a brief statement of the reason for the petition and a summary of the provisions under
the ex parte order. The summons shall be essentially in the following form:
In the court of the state of Washington for the courtly of
Petitioner
vs. No
Respondent
The stale of Washington to (respondent):
You are hereby summoned to appear on the....day of ,19 '11
a.m./p.m.,and respond to the petition.If you lull to respond,an order of
protection will he issued against you pursuant to the provisions of the domestic
violence protection act,chapter 2650 RCS',for a mututtum of one year from
the date you are required to appear.A temporary order of protection has been
issued against you,restraining you from the following:(Insert a brief
statement of the provisions of the ex parte order).A copy of the petition,
notice of hearing,and ex parte order has been filed with the clerk of this court_
Petitioner
[1992c143 §4.1
RCW 26.50.090
Order-- Service-- Fees.
(1) An order issued under this chapter shall be personally served upon the respondent, except as
provided in subsections (6) and (8) of this section.
(2)The sheriff of the county or the peace officers of the municipality in which the respondent resides '
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shall serve the respondent personally unless the petitioner elects to have the respondent served by a
private party.
(3) If service by a sheriff or municipal peace officer is to be used, the clerk of the court shall have a
copy of any order issued under this chapter forwarded on or before the next judicial day to the
appropriate law enforcement agency specified in the order for service upon the respondent. Service of an
order issued under this chapter shall take precedence over the service of other documents unless they are
of a similar emergency nature.
• (4) If the sheriff or municipal peace officer cannot complete service upon the respondent within ten
days, the sheriff or municipal peace officer shall notify the petitioner. The petitioner shall provide
information sufficient to permit notification.
(5) Returns of service under this chapter shall be made in accordance with the applicable court rules.
(6) If an order entered by the court recites that the respondent appeared in person before the court, the
necessity for further service is waived and proof of service of that order is not necessary.
(7) Municipal police departments serving documents as required under this chapter may collect from
respondents ordered to pay fees under RCW 26.50.060 the same fees for service and mileage authorized
by RCW 36.18.040 to be collected by sheriffs.
(8) If the court previously entered an order allowing service of the notice of hearing and temporary
order of protection by publication pursuant to RC\'V 26.50.085 or by mail pursuant to RCW 26.50.123,
the court may permit service by publication or by mail of the order of protection issued under RCW
26.50.060. Service by publication must comply with the requirements of RCW 26.50.085 and service by
mail must comply with the requirements of RCW 26.50.123. The court order must state whether the
court permitted service by publication or by mail.
[1995 c 246§ 10; 1992 c 143 § 6; 1985 c 303 § 6; 1984 c 263 § 10.]
NOTES:
Severability— 1995 c 246: See note following RCW 26.50.010.
RCW 26.50.095
Order following service by publication.
Following completion of service by publication as provided in RCW 26.50.085 or by mail as provided
in RCW 26.50.123, if the respondent fails to appear at the hearing, the court may issue an order of
protection as provided in RCW 26.50.060. That order must be served pursuant to RCW 26.50.090, and
forwarded to the appropriate law enforcement agency pursuant to RCW 26.50.100.
[1995 c 246§ 12; 1992 c 143 § 5.]
NOTES:
fy�
Severability-- 1995 c 246: See note following RCW 26.50.010.
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RCW 26.50.100
Order-- Transmittal to law enforcement agency-- Record in law enforcement information system
_ Enforceability.
(1) A copy of an order for protection granted under this chapter shall be forwarded by the clerk of the
court on or before the next judicial day to the appropriate law enforcement agency specified in the order.
Upon receipt of the order, the law enforcement agency shall forthwith enter the order into any
computer-based criminal intelligence information system available in this state used by law enforcement
agencies to list outstanding warrants. The order shall remain in the computer for the period stated in the
order. The law enforcement agency shall only expunge from the computer-based criminal intelligence
information system orders that are expired, vacated, or superseded. Entry into the law enforcement
information system constitutes notice to all law enforcement agencies of the existence of the order. The
order is fully enforceable in any county in the state.
(2) The information entered into the computer-based criminal intelligence information system shall
include notice to law enforcement whether the order was personally served, served by publication, or
served by mail.
[1996 c 248 § 15; 1995 c 246* 13; 1992 c 143 § 7; 1984 c 263 § 11.]
NOTES:
Severability-- 1995 c 246: See note following RCW 26.50.010.
RCW 26.50.1.10
Violation of order-- Penalties.
(1) Whenever an order is granted under this chapter, chapter 10.99, 26.09, 26.10, 26.26, or 74.34 RCW,
or there is a valid foreign protection order as defined in RCW 26.52.020, and the respondent or person to
be restrained knows of the order, a violation of the restraint provisions, or of a provision excluding the
person from a residence, workplace, school, or day care, or of a provision prohibiting a person from
knowingly coming within, or knowingly remaining within, a specified distance of a location, or of a
provision of a foreign protection order specifically indicating that a violation will be a crime, for which
an arrest is required under RCW 10.31.100(2) (a) or(b), is a gross misdemeanor except as provided in
subsections (4) and (5)of this section. Upon conviction, and in addition to any other penalties provided
by law, the court may require that the respondent submit to electronic monitoring. The court shall
specify who shall provide the electronic monitoring services, and the terms under which the monitoring
shall be performed. The order also may include a requirement that the respondent pay the costs of the
monitoring. The court shall consider the ability of the convicted person to pay for electronic monitoring.
(2) A peace officer shall arrest without a warrant and take into custody a person whom the peace
officer has probable cause to believe has violated an order issued under this chapter, chapter 10.99,
26.09, 26.10, 26.26, or 74.34 RCW, or a valid foreign protection order as defined in RCW 26.52.020,
that restrains the person or excludes the person from a residence, workplace, school, or day care, or
prohibits the person from knowingly coming within, or knowingly remaining within, a specified
distance of a location, if the person restrained knows of the order. Presence of the order in the law
enforcement computer-based criminal intelligence information system is not the only means of
establishing knowledge of the order.
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(3) A violation of an order issued under this chapter, chapter 10.99, 26.09, 26.10, 26.26, or 74.34
RCW, or of a valid foreign protection order as defined in RCW 26.52.020, shall also constitute contempt
of court, and is subject to the penalties prescribed by law.
(4) Any assault that is a violation of an order issued under this chapter, chapter 10.99, 26.09, 26.10,
26.26, or 74.34 RCW, or of a valid foreign protection order as defined in RCW 26.52.020, and that does
not amount to assault in the first or second degree under RCW 9A.36.011 or 9A.36.021 is a class C
felony, and any conduct in violation of such an order that is reckless and creates a substantial risk of
death or serious physical injury to another person is a class C felony.
(5) A violation of a court order issued under this chapter, chapter 10.99, 26.09, 26.10, 26.26, or 74.34
RCW, or of a valid foreign protection order as defined in RCW 26.52.020, is a class C felony if the
offender has at least two previous convictions for violating the provisions of an order issued under this
chapter, chapter 10.99, 26.09, 26.10, 26.26, or 74.34 RCW, or a valid foreign protection order as defined
in RCW 26.52.020. The previous convictions may involve the same victim or other victims specifically
protected by the orders the offender violated.
(6) Upon the filing of an affidavit by the petitioner or any peace officer alleging that the respondent
has violated an order granted under this chapter, chapter 10.99, 26.09, 26.10, 26.26, or 74.34 RC\'V, or a
valid foreign protection order as defined in RCW 26.52.020, the court may issue an order to the
respondent, requiring the respondent to appear and show cause within fourteen days why the respondent
should not be found in contempt of court and punished accordingly. The hearing may be held in the
court of any county or municipality in which the petitioner or respondent temporarily or permanently
resides at the time of the alleged violation.
• [2000 c 119§ 24; 1996 c 248 § 16; 1995 c 246§ 14; 1992 c 86§ 5; 1991 c 301 § 6; 1984 c 263 § 12.]
NOTES:
Application -- 2000 c 119: See note following RCW 26.50421.
Severability-- 1995 c 246: See note following RCW 26.50.010.
Finding-- 1991 c 301: See note following RCW 10.99.020.
Violation of order protecting vulnerable adult: RCW 74.34.145.
RCW 26.50.115
Enforcement of ex parte order -- Knowledge of order prerequisite to penalties -- Reasonable
efforts to serve copy of order.
(1) When the court issues an ex parte order pursuant to RCW 26.50.070 or an order of protection
pursuant to RCW 26.50.060, the court shall advise the petitioner that the respondent may not be
subjected to the penalties set forth in RC\'V 26.50.1 10 for a violation of the order unless the respondent
knows of the order.
(2) When a peace officer investigates a report of an alleged violation of an order for protection issued
under this chapter the officer shall attempt to determine whether the respondent knew of the existence of
the protection order. If the law enforcement officer determines that the respondent did not or probably
did not know about the protection order and the officer is provided a current copy of the order, the
officer shall serve the order on the respondent if the respondent is present. If the respondent is not
present, the officer shall make reasonable efforts to serve a copy of the order on the respondent. If the
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officer serves the respondent with the petitioner's copy of the order, the officer shall give petitioner a
receipt indicating that petitioner's copy has been served on the respondent. After the officer has served
(! the order on the respondent, the officer shall enforce prospective compliance with the order.
(3) Presentation of an unexpired, certified copy of a protection order with proof of service is
sufficient for a law enforcement officer to enforce the order regardless of the presence of the order in the
law enforcement computer-based criminal intelligence information system.
[1996 c 248 § 17; 1995 c 246§ 15; 1992 c 143 § 8.]
NOTES:
Severability-- 1995 c 246: See note following RCW 26.50.010.
RCW 26.50.120
Violation of order-- Prosecuting attorney or attorney for municipality may be requested to assist-
- Costs and attorney's fee.
When a party alleging a violation of an order for protection issued under this chapter states that the party
is unable to afford private counsel and asks the prosecuting attorney for the county or the attorney for
the municipality in which the order was issued for assistance, the attorney shall initiate and prosecute a
contempt proceeding if there is probable cause to believe that the violation occurred. In this action, the
court may require the violator of the order to pay the costs incurred in bringing the action, including a
f .l reasonable attorney's fee.
[1984 c 263 § 13.]
RCW 26.50.123
Service by mail.
(1) In circumstances justifying service by publication under RCW 26.50.085(1), if the serving party files
an affidavit stating facts from which the court determines that service by mail is just as likely to give
actual notice as service by publication and that the serving party is unable to afford the cost of service by
publication, the court may order that service be made by mail. Such service shall be made by any person
over eighteen years of age, who is competent to be a witness, other than a party, by mailing copies of the
order and other process to the party to be served at his or her last known address or any other address
determined by the court to be appropriate. Two copies shall be mailed, postage prepaid, one by ordinary
first class mail and the other by a form of mail requiring a signed receipt showing when and to whom it
was delivered. The envelopes must bear the return address of the sender.
(2) Proof of service under this section shall be consistent with court rules for civil proceedings.
(3) Service under this section may be used in the same manner and shall have the same jurisdictional
effect as service by publication for purposes of this chapter. Service shall be deemed complete upon the
mailing of two copies as prescribed in this section.
[1995 c 246 § 16.]
NOTES:
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Severability-- 1995 c 246: See note following RCW 26.50.010.
RCW 26.50.125
Service by publication or mailing-- Costs.
Except as provided in RCW 10.14.055, the court may permit service by publication or by mail under
this chapter only if the petitioner pays the cost of publication or mailing unless the county legislative
authority allocates funds for service of process by publication or by mail for indigent petitioners.
[2002 c 117 §5; 1995 c 246§ 17; 1992 c 143 § 9.]
NOTES:
Severability-- 1995 c 246: See note following RCW 26.50.010.
RCW 26.50.130
Order-- Modification —Transmittal.
Upon application with notice to all parties and after a hearing, the court may modify the terms of an
existing order for protection. In any situation where an order is terminated or modified before its
expiration date, the clerk of the court shall forward on or before the next judicial day a true copy of the
modified order or the termination order to the appropriate law enforcement agency specified in the
modified or termination order. Upon receipt of the order, the law enforcement agency shall promptly
enter it in the law enforcement information system.
[1984 c 263 § 14.1
RCW 26.50.135
Residential placement or custody of a child-- Prerequisite.
(1) Before granting an order under this chapter directing residential placement of a child or restraining or
limiting a party's contact with a child, the court shall consult the judicial information system, if
available, to determine the pendency of other proceedings involving the residential placement of any
child of the parties for whom residential placement has been requested.
(2) Jurisdictional issues regarding out-of-state proceedings involving the custody or residential
placement of any child of the parties shall be governed by the uniform child custody jurisdiction act,
chapter 26.27 RCW.
[1995 c 246 § 191
NOTES:
Severability-- 1995 c 246: See note following RCW 26.50.010.
RCW 26.50.140
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Peace officers -- Immunity.
No peace officer may be held criminally or civilly liable for making an arrest under RCW 26.50.1 1 0 if
the police officer acts in good faith and without malice.
[1984 c 263 § 17.]
RCW 26.50.150
Domestic violence perpetrator programs.
The department of social and health services shall adopt rules for standards of approval of domestic
violence perpetrator programs that accept perpetrators of domestic violence into treatment to satisfy
court orders or that represent the programs as ones that treat domestic violence perpetrators. The
treatment must meet the following minimum qualifications:
(1) All treatment must be based upon a full, complete clinical intake including: Current and past
violence history; a lethality risk assessment; a complete diagnostic evaluation; a substance abuse
assessment; criminal history; assessment of cultural issues, learning disabilities, literacy, and special
language needs; and a treatment plan that adequately and appropriately addresses the treatment needs of
the individual.
(2) To facilitate communication necessary for periodic safety checks and case monitoring, the
program must require the perpetrator to sign the following releases:
\ J (a) A release for the prop-am to inform the victim and victim's community and legal advocates that
the perpetrator is in treatment with the program, and to provide information, for safety purposes, to the
victim and victim's community and legal advocates;
(b) A release to prior and current treatment agencies to provide information on the perpetrator to the
program; and
(c) A release for the program to provide information on the perpetrator to relevant legal entities
including: Lawyers, courts, parole, probation, child protective services, and child welfare services.
(3) Treatment must be for a minimum treatment period defined by the secretary of the department by
rule. The weekly treatment sessions must be in a group unless there is a documented, clinical reason for
another modality. Any other therapies, such as individual, marital, or family therapy, substance abuse
evaluations or therapy, medication reviews, or psychiatric interviews, may be concomitant with the
weekly group treatment sessions described in this section but not a substitute for it.
(4) The treatment must focus primarily on ending the violence, holding the perpetrator accountable
for his or her violence, and changing his or her behavior. The treatment must be based on nonvictim-
blaming strategies and philosophies and shall include education about the individual, family, and
cultural dynamics of domestic violence. If the perpetrator or the victim has a minor child, treatment must
specifically include education regarding the effects of domestic violence on children, such as the
emotional impacts of domestic violence on children and the long-term consequences that exposure to
incidents of domestic violence may have on children.
(5) Satisfactory completion of treatment must be contingent upon the perpetrator meeting specific
criteria, defined by rule by the secretary of the department, and not just upon the end of a certain period
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of time or a certain number of sessions.
(6)The program must have policies and procedures for dealing with reoffenses and noncompliance.
(7) All evaluation and treatment services must be provided by, or under the supervision of, qualified
personnel.
(8) The secretary of the department may adopt rules and establish fees as necessary to implement this
section.
[1999c147 § 1; 1991c301 § 7.]
NOTES:
Finding-- 1991 c 301: See note following RCW 10.99.020.
RCW 26.50.160
Judicial information system-- Data base (as amended by 2000 c 51).
To prevent the issuance of competing protection orders in different courts and to give courts needed
information for issuance of orders, the judicial information system shall be available in each district,
municipal, and superior court by July 1, 1997, and shall include a data base containing the following
information:
(1)The names of the parties and the cause number for every order of protection issued under this
title, every criminal no-contact order issued under chapter 10.99 RCW, every antiharassment order
issued under chapter 10.14 RCW, every dissolution action under chapter 26.09 RCW, every third-party
custody action under chapter 26.10 RCW, ((arm)) every parentage action under chapter 26.10 RCW, and
every order for erotection_issued under chapter 74.34 R.CVNW;
(2)A criminal history of the parties; and
(3) Other relevant information necessary to assist courts in issuing orders under this chapter as
determined by the judicial information system committee.
[2000 c 51 § 1; 1995 c 246§ 18.]
RCW 26.50.160
Judicial information system-- Data base (as amended by 2000 c 119).
To prevent the issuance of competing protection orders in different courts and to give courts needed
information for issuance of orders, the judicial information system shall be available in each district,
municipal, and superior court by July 1, 1997, and shall include a data base containing the following
information:
(1) The names of the parties and the cause number for every order of protection issued under this
title, every criminal no-contact order issued under chapters 9A.46 and 10.99 RCW, every antiharassment
.i order issued under chapter 10.14 RCW, every dissolution action under chapter 26.09 RCW, every third-
party custody action under chapter 26.10 RCW, ((ttr l)) every parentage action under chapter((2G.10))
26.26 RCW. every restraining order issued on behalf of an abused child or adult dependent person under
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chapter 26.44 RCW, every foreign protection order filed under chapter 26.52 RCW,and every order for
protection of a vulnerable adult under chapter 74.34 RCW. When a _uardian or the department of social
and health services has petitioned for relief on behalf of an abused child, adult dependent person, or
vulnerable adult the name of the .erson on whose behalf relief was sou_t shall be included in the data
base as a party rather than the guardian or clenart nent;
(2) A criminal history of the parties; and
(3) Other relevant information necessary to assist courts in issuing orders under this chapter as
determined by the judicial information system committee.
[2000 c 119§ 25; 1995 c 246§ 18.]
NOTES:
Reviser's note: RCW 26.50.160 was amended twice during the 2000 legislative session, each
without reference to the other. For rule of construction concerning sections amended more than once
during the same legislative session, see RCW 1.12.025.
Application -- 2000 c 119: See note following RCW 26.50.021.
Severability-- 1995 c 246: See note following RCW 26.50.010.
RCW 26.50.165
j Judicial information system--Names of adult cohabitants in third-party custody actions.
In addition to the information required to be included in the judicial information system under RCW
26.50.160, the data base shall contain the names of any adult cohabitant of a petitioner to a third-party
custody action under chapter 26.10 RCW.
[2003 c 105 §4.]
RCW 26.50.200
Title to real estate -- Effect.
Nothing in this chapter may affect the title to real estate: PROVIDED, That a judgment for costs or fees
awarded under this chapter shall constitute a lien on real estate to the extent provided in chapter 4.56
RCW.
[1985 e 303 § 7; 1984 c 263 § 15.]
RCW 26.50.21(1
Proceedings additional.
Any proceeding under chapter 263, Laws of 1984 is in addition to other civil or criminal remedies.
[1984 c 263 § 16.]
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RCW 26.50.220
Parenting plan -- Designation of parent for other state and federal purposes.
Solely for the purposes of all other state and federal statutes which require a designation or
determination of custody, a parenting plan shall designate the parent with whom the child is scheduled
to reside a majority of the time as the custodian of the child. However, this designation shall not affect
either parent's rights and responsibilities under the parenting plan. In the absence of such a designation,
the parent with whom the child is scheduled to reside the majority of the time shall be deemed to be the
custodian of the child for the purposes of such federal and state statutes.
[1989 c 375 § 26.]
NOTES:
Severability-- 1989 c 375: See RCW 26.09.914.
RCW 26.50.900
Short title.
This chapter may be cited as the "Domestic Violence Prevention Act".
[1984 c 263 § 1.]
RCW 26.50.901
Effective date -- 1984 c 263.
Sections 1 through 29 of this act shall take effect on September 1, 1984.
[1984 c 263 §32.]
RCW 26.50.902
Severability-- 1984 c 263.
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.
[1984 c 263 § 33.]
RCW 26.50.903
Severability-- 1992 c 111.
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.
[1992c111 § 14.]
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RCW 9.38.010
False representation concerning credit.
Every person who, with intent thereby to obtain credit or financial rating, shall wilfully
make any false statement in writing of his assets or liabilities to any person with whom he
may be either actually or prospectively engaged in any business transaction or to any
commercial agency or other person engaged in the business of collecting or disseminating
information concerning financial or commercial ratings, shall be guilty of a misdemeanor.
[1909 c 249 § 368;RRS §2620.]
•
•
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RCW 9.38.015
False statement by deposit account applicant.
(1) It is a gross misdemeanor for a deposit account applicant to knowingly make any false
statement to a financial institution regarding:
(a) The applicant's identity;
(b) Past convictions for crimes involving fraud or deception; or
(c) Outstanding judgments on checks or drafts issued by the applicant.
(2) Each violation of subsection (1) of this section after the third violation is a class C
felony punishable as provided in chapter 9A.20 RCW.
[1995 c 186§4.]
NOTES:
Severability-- 1.995 c 186: See RCW 30.22.901.
•
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RCW 9.38.020
False representation concerning title.
Every person who shall maliciously or fraudulently execute or file for record any
instrument, or put forward any claim, by which the right or title of another to any real or
personal property is, or purports to be transferred, encumbered or clouded, shall be guilty
of a gross misdemeanor.
[2000 c 250§9A-821; 1909 c 249 § 369;RRS § 2621.E
NOTES:
Effective date-- 2000 c 250: See RCW 62A.9A-701.
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RCW 9A.72.010
Definitions.
The following definitions are applicable in this chapter unless the context otherwise
requires:
(1) "Materially false statement" means any false statement oral or written, regardless of
its admissibility under the rules of evidence, which could have affected the course or
outcome of the proceeding; whether a false statement is material shall be determined by
the court as a matter of law;
(2) "Oath" includes an affirmation and every other mode authorized by law of attesting
to the truth of that which is stated; in this chapter, written statements shall be treated as if
made under oath if:
(a) The statement was made on or pursuant to instructions on an official form bearing
notice, authorized by law, to the effect that false statements made therein are punishable;
(b) The statement recites that it was made under oath, the declarant was aware of such
recitation at the time he or she made the statement, intended that the statement should be
represented as a sworn statement, and the statement was in fact so represented by its
delivery or utterance with the signed jurat of an officer authorized to administer oaths
appended thereto; or
(c) It is a statement, declaration, verification, or certificate, made within or outside the
state of Washington, which is certified or declared to be true under penalty of perjury as
provided in RCW 9A.72.085.
(3) An oath is "required or authorized by law" when the use of the oath is specifically
provided for by statute or regulatory provision or when the oath is administered by a
person authorized by state or federal law to administer oaths;
(4) "Official proceeding" means a proceeding heard before any legislative,judicial,
administrative, or other government agency or official authorized to hear evidence under
oath, including any referee, hearing examiner, commissioner, notary, or other person
taking testimony or depositions;
(5) "Juror" means any person who is a member of any jury, including a grand jury,
impaneled by any court of this state or by any public servant authorized by law to impanel
a jury; the term juror also includes any person who has been drawn or summoned to attend
as a prospective juror;
(6) "Testimony" includes oral or written statements, documents, or any other material
that may be offered by a witness in an official proceeding.
[2001 c 171 §2.Prior: 1995 c 285 § 30; 1981 c 187 § 1; 1975 1st ex.s.c 260§ 9A.72.010.]
•
NOTES:
Purpose-- 2001 c 171: "The purpose of this act is to respond to State v. Thomas, 103
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Wn. App. 800, by reenacting, without changes, legislation relating to the crime of perjury,
as amended in sections 30 and 31, chapter 285, Laws of 1995." [2001 c 171 § 1.]
Effective date -- 2001 c 171: "This act is necessary for the immediate preservation of
the public peace, health, or safety, or support of the state government and its existing
public institutions, and takes effect immediately [May 7, 2001]." [2001 c 171 § 4.]
Effective date-- 1.995 c 285: See RCW 48.30A.900.
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RCW 9A.72.040
False swearing.
(1) A person is guilty of false swearing if he makes a false statement, which he knows to
be false, under an oath required or authorized by law.
(2) False swearing is a gross misdemeanor.
[1975 1st ex.s. c 260§ 9A.72.040.]
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RCN'9A.72.050
Perjury and false swearing-- Inconsistent statements -- Degree of crime.
(I) Where, in the course of one or more official proceedings, a person makes inconsistent
material statements under oath, the prosecution may proceed by setting forth the
inconsistent statements in a single count alleging in the alternative that one or the other
was false and known by the defendant to be false. In such case it shall not be necessary for
the prosecution to prove which material statement was false but only that one or the other
was false and known by the defendant to be false.
(2)The highest offense of which a person may be convicted in such an instance as set
forth in subsection (1) of this section shall be determined by hypothetically assuming each
statement to be false. If perjury of different degrees would be established by the making of
the two statements, the person may only be convicted of the lesser degree. If perjury or
false swearing would be established by the making of the two statements, the person may
only be convicted of false swearing. For purposes of this section, no corroboration shall be
required of either inconsistent statement.
[1975 1st cx.s. c 260 5 9A.72.050.1
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RCW 9A.72.060
Perjury and false swearing-- Retraction.
No person shall be convicted of perjury or false swearing if he retracts his false statement
in the course of the same proceeding in which it was made, if in fact he does so before it
becomes manifest that the falsification is or will be exposed and before the falsification
substantially affects the proceeding. Statements made in separate hearings at separate
stages of the same trial, administrative, or other official proceeding shall be treated as if
made in the course of the same proceeding.
[1975276 2nd ex.s.c 38 § 16; 1975 1st ex.s. c 260 § 9A.72.060.]
NOTES:
Effective date-- Severability-- 1975-'76 2nd ex.s. c 38: See notes following RCW
9A.08.020.
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RCW 9A.72.070
Perjury and false swearing-- Irregularities no defense.
It is no defense to a prosecution for perjury or false swearing:
(1)That the oath was administered or taken in an irregular manner; or
(2)That the person administering the oath lacked authority to do so, if the taking of the
oath was required or authorized by law.
[1975 1st ex.s.c 260§ 9A.72.070.]
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RCW 9A.72.080
Statement of what one does not know to be true.
Every unqualified statement of that which one does not know to be true is equivalent to a
statement of that which he knows to be false.
[1975 ]st ex.s.c 2.60 § 9A.72.080.]
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RCW 9A.72.140
Jury tampering.
• (1) A person is guilty of jury tampering if with intent to influence a juror's vote, opinion,
decision, or other official action i.n a case, he attempts to communicate directly or
indirectly with a juror other than as part of the proceedings in the trial of the case.
(2) Jury tampering is a gross misdemeanor.
[1975 1st cx.s.c 260§9A.72,140.]
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RCW 9A.72.150
Tampering with physical evidence.
(1) A person is guilty of tampering with physical evidence if, having reason to believe that
an official proceeding is pending or about to be instituted and acting without legal right or
authority, he:
(a) Destroys, mutilates, conceals, removes, or alters physical evidence with intent to
impair its appearance, character, or availability in such pending or prospective official
proceeding; or
(b) Knowingly presents or offers any false physical evidence.
(2) "Physical evidence" as used in this section includes any article, object, document,
record, or other thing of physical substance.
(3)Tampering with physical evidence is a gross misdemeanor.
[1975 1st ex.s.c 260§9A.72.1501
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RCW 9.40.040
Operating engine or holler without spark arrester.
Every person who shall operate or permit to be operated in dangerous proximity to any
brush, grass or other inflammable material, any spark-emitting engine or boiler which is
not equipped with a modern spark-arrester, in good condition, shall be guilty of a
misdemeanor.
[1 929 c 172 § 1; 1949 c 249§ 272;RRS§ 2524.]
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, RCW 9.40.100
Tampering with fire alarm or fire fighting equipment— False alarm -- Penalties.
(Effective until July 1, 2004.)
(1) Any person who willfully and without cause tampers with, molests, injures or breaks
any public or private fire alarm apparatus, emergency phone, radio, or other wire or signal,
or any fire fighting equipment, or who willfully and without having reasonable grounds for
believing a fire exists, sends, gives, transmits, or sounds any false alarm of fire, by
shouting in a public place or by means of any public or private fire alarm system or signal,
or by telephone, is guilty of a misdemeanor. This provision shall not prohibit the testing of
fire alarm systems by persons authorized to do so, by a fire department or the chief of the
Washington state patrol, through the director of fire protection.
(2)Any person who willfully and without cause tampers with, molests, injures, or
breaks any public or private fire alarm apparatus, emergency phone, radio, or other wire or
signal, or any fire fighting equipment with the intent to commit arson, is guilty of a felony.
[1995 c 369§ 3; 1990 c 177 § 1; 1986 c 266§80; 1967 c 204 § 1.]
NOTES:
Effective date— 1995 c 369: See note following RCW 43.43.930.
Severability-- 1990 c 177: See RCW 18.160.902.
Severability-- 1986 c 266: See note following RCW 38.52.005.
RCW 9.40.100
Tampering with fire alarm or fire fighting equipment— False alarm — Penalties.
(Effective.luly 1, 2004.)
Any person who willfully and without cause tampers with, molests, injures or breaks any
public or private fire alarm apparatus, emergency phone, radio, or other wire or signal, or
any fire fighting equipment, or who willfully and without having reasonable grounds for
believing a fire exists, sends, gives, transmits, or sounds any false alarm of fire, by
shouting in a public place or by means of any public or private fire alarm system or signal,
or by telephone, is guilty of a misdemeanor. This provision shall not prohibit the testing of
fire alarm systems by persons authorized to do so, by a fire department or the chief of the
Washington state patrol, through the director of fire protection.
[2003 c 53 §23; 1995 c 369§3; 1990 c 177§ 1; 1986 c 266§ 80; 1967 c 204 § 1.]
NOTES:
Intent-- Effective date-- 2003 c 53: See notes following RCW 2.48.180.
Effective date — 1995 c 369: See note following RC\'V 43.43.930.
Severability— 1990 e 177: See RCW 18.160.902.
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Scverability -- 1986 c 266: See note following RCM 38.52.005,
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RCW 9 . 41 CHAPTER Page 1 of 45
Chapter 9.41 RCW
FIREARiMS AND DANGEROUS WEAPONS
RCW SECTIONS
9.41.010 Terms defined.
9.41.040 Unlawful possession of firearms -- Ownership,possession by certain persons.
49 .1.042 Children -- Permissible firearm possession.
9.41.045 Possession by offenders.
9.41.047 Restoration of possession rights.
9.41.050 Carrying firearms.
9.41.060 Exceptions to restrictions on carrying firearms.
9.41.070 Concealed pistol license-- Application -- Fee-- Renewal.
9.41.0.5 Concealed pistol license-- Revocation.
9.41.080 Delivery to ineligible persons.
9.41.090 Dealer deliveries regulated -- Hold on delivery.
9.41.094 Waiver of confidentiality.
9.41.097 Supplying information on persons purchasing pistols or applying for concealed pistol licenses.
9.41.0975 Officials and agencies -- Immunity, writ of mandamus.
9.41.098 Forfeiture of firearms -- Disposition-- Confiscation.
9.41.100 Dealer licensing and registration required.
9.41.110 Dealer's licenses, by whom granted, conditions, fees -- Employees, fingerprinting and
background checks -- Wholesale sales excepted -- Permits prohibited.
9.41.120 Firearms as loan security.
9.41.122 Out-of-state purchasing.
9.41.124 Purchasing by nonresidents.
9.41.129 Recordkeeping requirements.
9.41.135 Verification of licenses and registration -- Notice to federal government.
9.41.140 Alteration of identifying marks-- Exceptions.
9.41.170 Alien's license to carry firearms -- Exception.
9.41.185 Coyote getters.
9.41.190 Unlawful firearms -- Exceptions.
9.41.220 Unlawful firearms and parts contraband.
9.41.225 Use of machine gun in felony -- Penalty.
9.41.230 Aiming or discharging firearms, dangerous weapons.
9.41.24Q Possession of pistol by person from eighteen to twenty-one.
9.41.250 Dangerous weapons -- Penalty.
9.41.260 Dangerous exhibitions.
9.41.270 Weapons apparently capable of producing bodily harm Unlawful carrying or handling --
Penalty-- Exceptions.
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RCW 9 . 41 CHAPTER Page 2 of 45
9.41.280 Possessing dangerous weapons on school facilities -- Penalty -- Exceptions.
9.41.290 State preemption.
9.41.300 Weapons prohibited in certain places-- Local laws and ordinances -- Exceptions -- Penalty.
9.41.310 Information pamphlet.
9.41.320 Fireworks.
9.41.800 Surrender of weapons or licenses -- Prohibition on future possession or licensing.
9.41.81 Q Penalty.
NOTES:
Carrying loaded firearm in vehicle: RCW 77.15.460.
Explosives: Chapter 70.74 RCW.
Possessing a stolen firearm: RCW 9A.56.310.
Shooting firearm from, across, or along public highway: RCW 77.15.460.
Theft of a firearm: RCW 9A.56.300.
RCW 9.41.010
Terms defined.
Unless the context clearly requires otherwise, the definitions in this section apply throughout this
chapter.
(1) "Firearm" means a weapon or device from which a projectile or projectiles may be fired by an
explosive such as gunpowder.
(2) "Pistol" means any firearm with a barrel less than sixteen inches in length, or is designed to be
held and fired by the use of a single hand.
(3) "Rifle" means a weapon designed or redesigned, made or remade, and intended to be fired from
the shoulder and designed or redesigned, made or remade, and intended to use the energy of the
explosive in a fixed metallic cartridge to fire only a single projectile through a rifled bore for each single
pull of the trigger.
(4) "Short-barreled rifle" means a rifle having one or more barrels less than sixteen inches in length
and any weapon made from a rifle by any means of modification if such modified weapon has an overall
length of less than twenty-six inches.
(5) "Shotgun" means a weapon with one or more barrels, designed or redesigned, made or remade,
and intended to be fired from the shoulder and designed or redesigned, made or remade, and intended to
use the energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a number of
ball shot or a single projectile for each single pull of the trigger.
•
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RCW 9 . 41 CHAPTER Page 3 of 45
(6) "Short-barreled shotgun" means a shotgun having one or more barrels less than eighteen inches in
length and any weapon made from a shotgun by any means of modification if such modified weapon has
an overall length of less than twenty-six inches.
(7) "Machine gun" means any firearm known as a machine gun, mechanical rifle, submachine gun, or
any other mechanism or instrument not requiring that the trigger be pressed for each shot and having a
reservoir clip, disc, drum, belt, or other separable mechanical device for storing, carrying, or supplying
ammunition which can be loaded into the firearm, mechanism, or instrument, and fired therefrom at the
rate of five or more shots per second.
(8) "Antique firearm" means a firearm or replica of a firearm not designed or redesig=ned for using
rim fire or conventional center fire ignition with fixed ammunition and manufactured in or before 1898,
including any matchlock,'flintlock, percussion cap, or similar type of ignition system and also any
firearm using fixed ammunition manufactured in or before 1898, for which ammunition is no longer
manufactured in the United States and is not readily available in the ordinary channels of commercial
trade.
(9) "Loaded" means:
(a) There is a cartridge in the chamber of the firearm;
(b) Cartridges arc in a clip that is locked in place in the firearm;
(c) There is a cartridge in the cylinder of the firearm, if the firearm is a revolver;
(d)There is a cartridge in the tube or magazine that is inserted in the action; or
(e) There is a ball in the barrel and the firearm is capped or primed if the firearm is a muzzle loader.
(10) "Dealer" means a person engaged in the business of selling firearms at wholesale or retail who
has, or is required to have, a federal firearms license under 18 U.S.C. Sec. 923(a). A person who does
not have, and is not required to have, a federal firearms license under 18 U.S.C. Sec. 923(a), is not a
dealer if that person makes only occasional sales, exchanges, or purchases of firearms for the
enhancement of a personal collection or for a hobby, or sells all or part of his or her personal collection
of firearms.
(1 1) "Crime of violence" means:
(a) Any of the following felonies, as now existing or hereafter amended: Any felony defined under
any law as a class A felony or an attempt to commit a class A felony, criminal solicitation of or criminal
conspiracy to commit a class A felony, manslaughter in the first degree, manslaughter in the second
degree, indecent liberties if committed by forcible compulsion, kidnapping in the second degree, arson
in the second degree, assault in the second degree, assault of a child in the second degree, extortion in
the first degree, burglary in the second degree, residential burglary, and robbery in the second degree;
(b) Any conviction for a felony offense in effect at any time prior to June 6, 1996, which is
comparable to a felony classified as a crime of violence in(a) of this subsection; and
(c) Any federal or out-of-state conviction for an offense comparable to a felony classified as a crime
•
of violence under(a)or(b) of this subsection.
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RCW 9 . 41 CHAPTER Page 4 of 45
(12) "Serious offense" means any of the following felonies or a felony attempt to commit any of the
following felonies, as now existing or hereafter amended:
• (a) Any crime of violence;
(b) Any felony violation of the uniform controlled substances act, chapter 69.50 RCW, that is
classified as a class B felony or that has a maximum term of imprisonment of at least ten years;
(c) Child molestation in the second degree;
(d) Incest when committed against a child under age fourteen;
(e) Indecent liberties;
(0 Leading organized crime;
(g) Promoting prostitution in the first degree;
(h) Rape in the third degree;
(i) Drive-by shooting;
(j) Sexual exploitation;
(k) Vehicular assault, when caused by the operation or driving of a vehicle by a person while under
the influence of intoxicating liquor or any drug or by the operation or driving of a vehicle in a reckless
manner;
(I)Vehicular homicide, when proximately caused by the driving of any vehicle by any person while
under the influence of intoxicating liquor or any drug as defined by RCW 46.61.502, or by the operation
of any vehicle in a reckless manner;
(m)Any other class B felony offense with a finding of sexual motivation, as "sexual motivation" is
defined under RCW 9.94A.030;
(n) Any other felony with a deadly weapon verdict under *RCW 9.94A.602; or
(o) Any felony offense in effect at any time prior to June 6, 1996, that is comparable to a serious
offense, or any federal or out-of-state conviction for an offense that under the laws of this state would be
a felony classified as a serious offense.
(13) "Law enforcement officer" includes a general authority Washington peace officer as defined in
RCW 10.93.020, or a specially commissioned Washington peace officer as defined in RCW 10.93.020.
"Law enforcement officer" also includes a limited authority Washington peace officer as defined in
RCW 10.93.020 if such officer is duly authorized by his or her employer to carry a concealed pistol.
(14) "Felony" means any felony offense under the laws of this state or any federal or out-of-state
offense comparable to a felony offense under the laws of this state.
(15) "Sell" refers to the actual approval of the delivery of a firearm in consideration of payment or
promise of payment of a certain price in money.
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RCW 9 . 41 CHAPTER Page 5 of 45
(16) "Barrel length" means the distance from the bolt face of a closed action down the length of the
axis of the bore to the crown of the muzzle, or in the case of a barrel with attachments to the end of any
legal device permanently attached to the end of the muzzle.
(17) "Family or household member" means "family" or "household member" as used in RCW
10.99.020.
[2001 c 300§ 2; 1997 c 338 § 46; 1996 c 295 § 1.Prior: 1994 sp.s.c 7 §401; 1994 c 121 § 1;prior: 1992 c 205 § 117; 1992 c
145 § 5; 1983c232§ 1; 1971 cx.s. c 302§ 1; 1961 c 124§ 1; 1935 c 172 § 1;RRS§ 2516-11
NOTES:
*Reviser's note: This RCW reference has been corrected to reflect the reorganization of chapter
9.94A RCW by 2001 e 10 § 6.
Finding-- Evaluation -- Report-- 1997 c 338: See note following RCW 13.40.0357.
Severability-- Effective dates — 1997 c 338: See notes following RCW 5.60.060.
Effective date-- 1994 sp.s. c 7 §§ 401-410,413-416, 418-437, and 439-460: "Sections 401 through
410, 413 through 416, 418 through 437, and 439 through 460 of this act shall take effect July 1,
1994." [1994 sp.s. c 7 § 916.]
Finding-- Intent-- Severability-- 1994 sp.s. c 7: See notes following RCW 43.70.540.
Part headings not law— Severability-- .1992 c 205: See notes following RCW 13.40.010.
Severability— 1983 c 232: 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 232 § 14.]
Severability— 1971 ex.s. c 302: "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." [1971 ex.s. c 302 § 35.]
Severability-- 1961 c. 124: "If any part of this act is for any reason declared void, such invalidity
shall not affect the validity of the remaining portions of this act." [1961 c 124 § 13.]
Preemption and general repealer — 1961 c 124: "All laws or parts of laws of the state of
Washington, its subdivisions and municipalities inconsistent herewith are hereby preempted and
repealed." [1961 c 124 § 14.]
Short title-- 1935 c 172: "This act may be cited as the'Uniform Firearms Act."' [1935 c 172 § 18.]
Severability-- 1935 c 172: "If any part of this act is for any reason declared void, such invalidity
shall not affect the validity of the remaining portions of this act." [1935 c 172 § 17.]
Construction-- 1935 c 1.72: "This act shall be so interpreted and construed as to effectuate its
general purpose to make uniform the law of those states which enact it." [1935 c 172 § 19.]
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RCW 9.41.040
Unlawful possession of firearms-- Ownership, possession by certain persons. (Effective until July
1, 2004.)
(1)(a) A person, whether an adult or juvenile, is guilty of the crime of unlawful possession of a firearm
in the first degree, if the person owns, has in his or her possession, or has in his or her control any
firearm after having previously been convicted in this state or elsewhere of any serious offense as
defined in this chapter.
(b) A person, whether an adult or juvenile, is guilty of the crime of unlawful possession of a firearm
in the second degree, if the person does not qualify under(a) of this subsection for the crime of unlawful
possession of a firearm in the first degree and the person owns, has in his or her possession, or has in his
or her control any firearm:
(i) After having previously been convicted in this state or elsewhere of any felony not specifically
listed as prohibiting firearm possession under(a) of this subsection, or any of the following crimes when
committed by one family or household member against another, committed on or after July 1, 1993:
Assault in the fourth degree, coercion, stalking, reckless endangerment, criminal trespass in the first
degree, or violation of the provisions of a protection order or no-contact order restraining the person or
excluding the person from a residence (RCW 26.50.060, 26.50.070, 26.50.130, or 10.99.040);
(ii) After having previously been involuntarily comnutted for mental health treatment under RCW
71.05.320, 71.34.090, chapter 10.77 RCW, or equivalent statutes of another jurisdiction, unless his or
her right to possess a firearm has been restored as provided in RCW 9.41.047;
(iii) If the person is under eighteen years of age, except as provided in RCW 9.41.042; and/or
(iv) if the person is free on bond or personal recoguizance pending trial, appeal, or sentencing for a
serious offense as defined in RCW 9.41.010.
(2)(a)Unlawful possession of a firearm in the first degree is a class B felony, punishable under
chapter 9A.20 RCW.
(b)Unlawful possession of a firearm in the second degree is a class C felony, punishable under
chapter 9A.20 RCW.
(3)Notwithstanding RCW 9.41.047 or any other provisions of law, as used in this chapter, a person
has been "convicted", whether in an adult court or adjudicated in a juvenile court, at such time as a plea
of guilty has been accepted, or a verdict of guilty has been filed, notwithstanding the pendency of any
future proceedings including but not limited to sentencing or disposition, post-trial or post-factfinding
motions, and appeals. Conviction includes a dismissal entered after a period of probation, suspension or
deferral of sentence, and also includes equivalent dispositions by courts in jurisdictions other than
Washington state. A person shall not be precluded from possession of a firearm if the conviction has
been the subject of a pardon, annulment, certificate of rehabilitation, or other equivalent procedure based
on a finding of the rehabilitation of the person convicted or the conviction or disposition has been the
subject of a pardon, annulment, or other equivalent procedure based on a finding of innocence. Where
- - no record of the court's disposition of the charges can be found, there shall be a rebuttable presumption
that the person was not convicted of the charge.
•
(4)Notwithstanding subsection (1) of this section, a person convicted of an offense prohibiting the
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RCW 9 . 41 CHAPTER Page 7 of 45
possession of a firearm under this section other than murder, manslaughter, robbery, rape, indecent
liberties, arson, assault, kidnapping, extortion, burglary, or violations with respect to controlled
substances under RCW 69.50.401(a) and 69.50.410, who received a probationary sentence under RCW
9.95.200, and who received a dismissal of the charge under RCW 9.95.240, shall not be precluded from
possession of a firearm as a result of the conviction. Notwithstanding any other provisions of this
section, if a person is prohibited from possession of a firearm under subsection(1)of this section and
has not previously been convicted of a sex offense prohibiting firearm ownership under subsection (1) of
this section and/or any felony defined under any law as a class A felony or with a maximum sentence of
at least twenty years, or both, the individual may petition a court of record to have his or her right to
possess a firearm restored:
(a) Under RCW 9.41.047; and/or
(b)(i) If the conviction was for a felony offense, after five or more consecutive years in the
community without being convicted or currently charged with any felony, gross misdemeanor, or
misdemeanor crimes, if the individual has no prior felony convictions that prohibit the possession of a
firearm counted as part of the offender score under *RCW 9.94A.525; or
(ii) If the conviction was for a nonfelony offense, after three or more consecutive years in the
community without being convicted or currently charged with any felony, gross misdemeanor, or
misdemeanor crimes, if the individual has no prior felony convictions that prohibit the possession of a
firearm counted as part of the offender score under *RCW 9.94A.525 and the individual has completed
all conditions of the sentence.
(5) In addition to any other penalty provided for by law, if a person under the age of eighteen years is
found by a court to have possessed a firearm in a vehicle in violation of subsection(1) of this section or
to have committed an offense while armed with a firearm during which offense a motor vehicle served
an integral function, the court shall notify the department of licensing within twenty-four hours and the
person's privilege to drive shall be revoked under RCW 46.20.265.
(6)Nothing in chapter 129, Laws of 1995 shall ever be construed or interpreted as preventing an
offender from being charged and subsequently convicted for the separate felony crimes of theft of a
firearm or possession of a stolen firearm, or both, in addition to being charged and subsequently
convicted under this section for unlawful possession of a firearm in the first or second degree.
Notwithstanding any other law, if the offender is convicted under this section for unlawful possession of
a firearm in the first or second degree and for the felony crimes of theft of a firearm or possession of a
stolen firearm, or both, then the offender shall serve consecutive sentences for each of the felony crimes
of conviction listed in this subsection.
(7) Each firearm unlawfully possessed under this section shall be a separate offense.
[1997 c 338 §47; 1996 c 295 §2.Prior: 1995 c 129 § 16(Initiative Measure No. 159); 1994 sp.s.c 7 §402;prior: 1992 c 205
§ 118; 1992 c 168 § 2; 1983 c 232 § 2; 1961 c 124§ 3; 1935 c 172 §4;R,RS§ 2516-4.]
NOTES:
*Reviser's note: This RCW reference has been corrected to reflect the reorganization of chapter
9.94A RCW by 2001 c 10 § 6.
Finding-- Evaluation -- Report-- 1997 c 338: See note following RCW 13.40.0357.
•
•
•
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Severability-- Effective dates — 1997 c 338: Sec notes following RCW 5.60.060.
Findings and intent-- Short title-- Severability-- Captions not law-- 1995 c 129: See notes
following RCW 9.94A.510.
Finding-- Intent-- Severability— 1994 sp.s. c 7: See notes following RCW 43.70.540.
Effective date -- 1994 sp.s. c 7 §§401-410, 413-416,418-437, and 439-460: See note following
RCW 9.41.010.
Part headings not law-- Severability— 1992 c 205: See notes following RCW 13.40.010.
Severability— 1992 a 168: See note following RCW 9.41.070.
Severability-- 1983. c 232: See note following RCW 9.41.010.
RCW 9.41.040
Unlawful possession of firearms — Ownership, possession by certain persons-- Penalties. (Effective
July 1, 2004.)
(1)(a) A person, whether an adult or juvenile, is guilty of the crime of unlawful possession of a firearm
in the first degree, if the person owns,has in his or her possession, or has in his or her control any
firearm after having previously been convicted in this state or elsewhere of any serious offense as
defined in this chapter.
(b) Unlawful possession of a firearm in the first degree is a class B felony punishable according to
chapter 9A.20 RCW.
(2)(a)A person, whether an adult or juvenile, is guilty of the crime of unlawful possession of a
firearm in the second degree, if the person does not qualify under subsection (1)of this section for the
crime of unlawful possession of a firearm in the first degree and the person owns, has in his or her
possession, or has in his or her control any firearm:
(i) After having previously been convicted in this state or elsewhere of any felony not specifically
listed as prohibiting firearm possession under subsection (1) of this section, or any of the following
crimes when committed by one family or household member against another, committed on or after July
1, 1993: Assault in the fourth degree, coercion, stalking, reckless endangerment, criminal trespass in the
first degree, or violation of the provisions of a protection order or no-contact order restraining the person
or excluding the person from a residence(RCW 26.50.060, 26.50.070, 26.50.130, or 10.99.040);
(ii) After having previously been involuntarily committed for mental health treatment under RCW
71.05.320, 71.34.090, chapter 10.77 RCW, or equivalent statutes of another jurisdiction, unless his or
her right to possess a firearm has been restored as provided in RCW 9.41.047;
(iii) If the person is under eighteen years of age, except as provided in RCW 9.41.042; and/or
(iv) If the person is free on bond or personal recognizance pending trial, appeal, or sentencing for a
serious offense as defined in RCW 9.41.010.
(b)Unlawful possession of a firearm in the second degree is a class C felony punishable according to
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chapter 9A.20 RCW.
(3)Notwithstanding RCW 9.41.047 or any other provisions of law, as used in this chapter, a person
has been "convicted", whether in an adult court or adjudicated in a juvenile court, at such time as a plea
of guilty has been accepted, or a verdict of guilty has been filed, notwithstanding the pendency of any
future proceedings including but not limited to sentencing or disposition, post-trial or post-factfinding
motions, and appeals. Conviction includes a dismissal entered after a period of probation, suspension or
deferral of sentence, and also includes equivalent dispositions by courts in jurisdictions other than
Washington state. A person shall not be precluded from possession of a firearm if the conviction has
been the subject of a pardon, annulment, certificate of rehabilitation, or other equivalent procedure based
on a finding of the rehabilitation of the person convicted or the conviction or disposition has been the
subject of a pardon, annulment, or other equivalent procedure based on a finding of innocence. Where
no record of the court's disposition of the charges can be found, there shall be a rebuttable presumption
that the person was not convicted of the charge.
(4) Notwithstanding subsection (1) or(2) of this section, a person convicted of an offense prohibiting
the possession of a firearm under this section other than murder, manslaughter, robbery, rape, indecent
liberties, arson, assault, kidnapping, extortion, burglary, or violations with respect to controlled
substances under RCW 69.50.401 and 69.50.410, who received a probationary sentence under RCW
9.95.200, and who received a dismissal of the charge under RCW 9.95.240, shall not be precluded from
possession of a firearm as a result of the conviction. Notwithstanding any other provisions of this
section, if a person is prohibited from possession of a firearm under subsection(1) or(2) of this section
and has not previously been convicted of a sex offense prohibiting firearm ownership under subsection
(1) or(2) of this section and/or any felony defined under any law as a class A felony or with a maximum
sentence of at least twenty years, or both, the individual may petition a court of record to have his or her
Jright to possess a firearm restored:
(a) Under RCW 9.41.047; and/or
(b)(i) If the conviction was for a felony offense, after five or more consecutive years in the
community without being convicted or currently charged with any felony, gross misdemeanor, or
misdemeanor crimes, if the individual has no prior felony convictions that prohibit the possession of a
firearm counted as part of the offender score under RCW 9.94A.525; or
(ii) If the conviction was for a nonfelony offense, after three or more consecutive years in the
community without being convicted or currently charged with any felony, gross misdemeanor, or
misdemeanor crimes, if the individual has no prior felony convictions that prohibit the possession of a
firearm counted as part of the offender score under RCW 9.94A.525 and the individual has completed
all conditions of the sentence.
(5) In addition to any other penalty provided for by law, if a person under the age of eighteen years is
found by a court to have possessed a firearm in a vehicle in violation of subsection (1) or(2) of this
section or to have committed an offense while armed with a firearm during which offense a motor
vehicle served an integral function, the court shall notify the department of licensing within twenty-four
hours and the person's privilege to drive shall be revoked under RCW 46.20.265.
(6)Nothing in chapter 129, Laws of 1995 shall ever be construed or interpreted as preventing an
offender from being charged and subsequently convicted for the separate felony crimes of theft of a
firearm or possession of a stolen firearm, or both, in addition to being charged and subsequently
convicted under this section for unlawful possession of a firearm in the first or second degree.
Notwithstanding any other law, if the offender is convicted under this section for unlawful possession of
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a firearm in the first or second degree and for the felony crimes of theft of a firearm or possession of a
stolen firearm, or both, then the offender shall serve consecutive sentences for each of the felony crimes
, of conviction listed in this subsection.
(7) Each firearm unlawfully possessed under this section shall be a separate offense.
[2003 c 53 § 26; 1997 c 338 §47; 1996 c 295 § 2.Prior: 1995 c 129 § 16(Initiative Measure No. 159); 1994 sp.s.c 7§402;
prior: 1992 c 205 § 118; 1992 c 168 §2; 1983 c 232§ 2; 1961 c 124§3; 1935 c 172 §4; RRS§ 2516-4.]
NOTES:
Intent— Effective date -- 2003 c 53: See notes following RCW 2.48.180.
Finding-- Evaluation--Report-- 1997 c 338: See note following RCW 13.40.0357.
Severability— Effective dates -- 1997 c 338: See notes following RCW 5.60.060.
Findings and intent-- Short title -- Severability-- Captions not law-- 1995 c 129: See notes
following RCW 9.94A.510.
Finding— Intent-- Severability-- 1994 sp.s. c 7: See notes following RCW 43.70.540.
Effective date-- 1994 sp.s. c 7 §§ 401-410, 413-416, 418-437, and 439-460: See note following
RCW 9.41.010.
Part headings not law-- Severability-- 1992 c 205: See notes following RCW 13.40.010.
Severability— 1992 c 168: See note following RCW 9.41.070.
Severability-- 1983 c. 232: See note following RCW 9.41.010.
RCW 9.41.042
Children— Permissible firearm possession. (Effective until July 1, 2004.)
RCW 9.41.040(1)(b)(iii) shall-not apply to any person under the age of eighteen years who is:
(1) In attendance at a hunter's safety course or a firearms safety course;
(2) Engaging in practice in the use of a firearm or target shooting at an established range authorized
by the governing body of the jurisdiction in which such range is located or any other area where the
discharge of a firearm is not prohibited;
(3) Engaging in an organized competition involving the use of a firearm, or participating in or
practicing for a performance by an organized group that uses firearms as a part of the performance;
(4)Hunting or trapping under a valid license issued to the person under Title 77 RCW;
(5) In an area where the discharge of a firearm is permitted, is not trespassing, and the person either:
(a) Is at least fourteen years of age, has been issued a hunter safety certificate, and is using a lawful
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firearm other than a pistol; or(b) is under the supervision of a parent, guardian, or other adult approved
for the purpose by the parent or guardian;
(6)Traveling with any unloaded firearm in the person's possession to or from any activity described
in subsection (1), (2), (3), (4), or(5) of this section;
(7) On real property under the control of his or her parent, other relative, or legal guardian and who
has the permission of the parent or legal guardian to possess a firearm;
(8) At his or her residence and who, with the permission of his or her parent or legal guardian,
possesses a firearm for the purpose of exercising the rights specified in RCW 9A.16.020(3); or
(9) Is a member of the armed forces of the United States, national guard, or organized reserves, when
on duty.
[1999 c 143 §2; 1994 sp.s. c 7 §403.]
NOTES:
Finding— intent— Severability— 1994 sp.s. c 7: See notes following RCW 43.70.540.
Effective date -- 1994 sp.s. c 7 §§ 401-410, 413-416, 418-437, and 439-460: See note following
RCW 9.41.010.
RCW 9.41.042
Children -- Permissible firearm possession. (Effective July 1, 2004.)
RCW 9.41.040(2)(a)(iii) shall not apply to any person under the age of eighteen years who is:
(1) In attendance at a hunter's safety course or a firearms safety course;
(2) Engaging in practice in the use of a firearm or target shooting at an established range authorized
by the governing body of the jurisdiction in which such range is located or any other area where the
discharge of a firearm is not prohibited;
(3) Engaging in an organized competition involving the use of a firearm, or participating in or
practicing for a performance by an organized group that uses firearms as a part of the performance;
(4) Hunting or trapping under a valid license issued to the person under Title 77 RCW;
(5) In an area where the discharge of a firearm is permitted, is not trespassing, and the person either:
(a) Is at least fourteen years of age, has been issued a hunter safety certificate, and is using a lawful
firearm other than a pistol; or(b) is under the supervision of a parent, guardian, or other adult approved
for the purpose by the parent or guardian;
(6)Traveling with any unloaded firearm in the person's possession to or from any activity described
in subsection (1), (2), (3), (4), or(5) of this section;
(7) On real property under the control of his or her parent, other relative, or legal guardian and who
has the permission of the parent or legal guardian to possess a firearm;
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(8)At his or her residence and who, with the permission of his or her parent or legal guardian,
possesses a firearm for the purpose of exercising the rights specified in RCW 9A.16.020(3); or
(9) Is a member of the armed forces of the United States; national guard, or organized reserves, when
on duty.
[2003 c 53 § 27; 1999 c 143 § 2; 1994 sp.s. c 7 §403.]
NOTES:
Intent-- Effective date —2003 c 53: See notes following RCW 2.48.180.
Finding— Intent-- Severability-- 1994 sp.s. c 7: Sec notes following RCW 43.70.540.
Effective date-- 1994 sp.s. c 7 §§ 401-410, 413-416,418-437, and 439-460: See note following
RCW 9.41.01 Q.
RCW 9.41.045
Possession by offenders.
As a sentence condition and requirement, offenders under the supervision of the department of
corrections pursuant to chapter 9.94A RCW shall not own, use, or possess firearms or ammunition. In
addition to any penalty imposed pursuant to R.CW 9.41.040 when applicable, offenders found to be in
actual or constructive possession of firearms or ammunition shall be subject to the appropriate violation
process and sanctions as provided for in *RCS\Y 9.94A.634. Firearms or ammunition owned, used, or
possessed by offenders may be confiscated by community corrections officers and turned over to the
Washington state patrol for disposal as provided in RCW 9.41.098.
[1991c221 § 1.]
NOTES:
*Reviser's note: This RCW reference has been corrected to reflect the reorganization of chapter
9.94A RCW by 2001 c10 § 6.
RCW 9.41.047
Restoration of possession rights.
(1) At the time a person is convicted of an offense making the person ineligible to possess a firearm, or
at the time a person is committed by court order under RCW 71.05.320, 71.34.090, or chapter 10.77
RCW for mental health treatment, the convicting or committing court shall notify the person, orally and
in writing, that the person must immediately surrender any concealed pistol license and that the person
may not possess a firearm unless his or her right to do so is restored by a court of record.
The convicting or committing court also shall forward a copy of the person's driver's license or
. identicard, or comparable information, to the department of licensing, along with the date of conviction
or commitment.
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(2) Upon receipt of the information provided for by subsection (1) of this section, the department of
licensing shall determine if the convicted or committed person has a concealed pistol license. If the
person does have a concealed pistol license, the department of licensing shall immediately notify the
license-issuing authority which, upon receipt of such notification, shall immediately revoke the license.
(3)(a) A person who is prohibited from possessing a firearm, by reason of having been involuntarily
committed for mental health treatment under RCW 71.05.320, 71.34.090, chapter 10.77 RCW, or
equivalent statutes of another jurisdiction may, upon discharge, petition a court of record to have his or
her right to possess a firearm restored. At the time of commitment, the court shall specifically state to
the person that he or she is barred from possession of firearms.
(b)The secretary of social and health services shall develop appropriate rules to create an approval
process under this subsection. The rules must provide for the restoration of the right to possess a firearm
upon a showing in a court of competent jurisdiction that the person is no longer required to participate in
an inpatient or outpatient treatment program, is no longer required to take medication to treat any
condition related to the commitment, and does not present a substantial danger to himself or herself,
others, or the public. Unlawful possession of a firearm under this subsection shall be punished as a class
C felony under chapter 9A.20 RCW.
(c) A person petitioning the court under this subsection (3) shall bear the burden of proving by a
preponderance of the evidence that the circumstances resulting in the commitment no longer exist and
are not reasonably likely to recur.
[1996 c 295§3.Prior: 1994 sp.s.c 7 §404.]
NOTES:
Finding-- Intent-- Severability-- 1994 sp.s. c 7: Sec notes following RCW 43.70.540.
Effective date— 1994 sp.s. c 7 §§ 401-410,413-416, 418-437, and 439-460: See note following
RCW 9.41.010.
RCW 9.41.050
Carrying firearms. (Effective until July 1, 2004.)
(1)(a) Except in the person's place of abode or fixed place of business, a person shall not carry a pistol
concealed on his or her person without a license to carry a concealed pistol.
(b) Every licensee shall have his or her concealed pistol license in his or her immediate possession at
all times that he or she is required by this section to have a concealed pistol license and shall display the
same upon demand to any police officer or to any other person when and if required by law to do so.
Any violation of this subsection (1)(b) shall be a class 1 civil infraction under chapter 7.80 RCW and
shall be punished accordingly pursuant to chapter 7.80 RCW and the infraction rules for courts of
limited jurisdiction.
(2)A person shall not carry or place a loaded pistol in any vehicle unless the person has a license to
carry a concealed pistol and: (a) The pistol is on the licensee's person, (b) the licensee is within the
vehicle at all times that the pistol is there, or(c) the licensee is away from the vehicle and the pistol is
locked within the vehicle and concealed from view from outside the vehicle.
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(3) A person at least eighteen years of age who is in possession of an unloaded pistol shall not leave
the unloaded pistol in a vehicle unless the unloaded pistol is locked within the vehicle and concealed
r 1� from view from outside the vehicle.
(4) Violation of any of the prohibitions of subsections (2) and (3) of this section is a misdemeanor.
(5)Nothing in this section permits the possession of firearms illegal to possess under state or federal
law.
[1997 c 200§ 1; 1996 c 295 §4; 1994 sp.s.c 7 §405; 1982 1st ex.s.c 47§3; 1961 c 124 §4; 1935 c 172§5; RRS§2516-
5.]
NOTES:
•
Finding-- Intent-- Severability-- 1994 sp.s. c 7: See notes following RCW 43.70.540.
Effective date-- 1994 sp.s. c 7 §§ 401-410, 413-416, 418-437, and 439-460: See note following
RCW 9.41.010.
Severability-- 1982 1st ex.s. c 47: See note following RCW 9.41.10.
RCW 9.41.050
Carrying firearms. (Effective July 1, 2004.)
(1)(a) Except in the person's place of abode or fixed place of business, a person shall not carry a pistol
concealed on his or her person without a license to carry a concealed pistol.
(b) Every licensee shall have his or her concealed pistol license in his or her immediate possession at
all times that he or she is required by this section to have a concealed pistol license and shall display the
same upon demand to any police officer or to any other person when and if required by law to do so.
Any violation of this subsection (1)(b) shall be a class 1 civil infraction under chapter 7.80 RCW and
shall be punished accordingly pursuant to chapter 7.80 RCW and the infraction rules for courts of
limited jurisdiction.
(2)(a) A person shall not carry or place a loaded pistol in any vehicle unless the person has a license
to carry a concealed pistol and: (i) The pistol is on the licensee's person, (ii) the licensee is within the
vehicle at all times that the pistol is there, or(iii) the licensee is away from the vehicle and the pistol is
locked within the vehicle and concealed from view from outside the vehicle.
(b) A violation of this subsection is a misdemeanor.
(3)(a) A person at least eighteen years of age who is in possession of an unloaded pistol shall not
leave the unloaded pistol in a vehicle unless the unloaded pistol is locked within the vehicle and
concealed from view from outside the vehicle.
(b) A violation of this subsection is a misdemeanor.
(4) Nothing in this section permits the possession of firearms illegal to possess under state or federal
' law.
[2003 c 53 § 28; 1997 c 200§ 1; 1996 c 295 §4; 1994 sp.s.c 7§405; 1982 1st ex.s.c 47 §3; 1961 c 124§4; 1935 c 172 §
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5;RRS§ 2516-5.1
NOTES:
Intent-- Effective date --2003 c 53: See notes following RCW 2.48.180.
Finding-- Intent-- Severability-- 1994 sp.s. c 7: See notes following RCW 43.70.540.
Effective date-- 1994 sp.s. c 7 §§ 401-410, 413-416, 418-437, and 439-460: See note following
RCW 9.41.010.
Severability-- 1982 1st ex.s. c 47: See note following RCW 9.41.190.
RCW 9.41.060
Exceptions to restrictions on carrying firearms.
The provisions of RCW 9.41.050 shall not apply to:
(1) Marshals, sheriffs, prison or jail wardens or their deputies, or other law enforcement officers of
this state or another state;
(2) Members of the armed forces of the United States or of the national guard or organized reserves,
when on duty;
(3) Officers or employees of the United States duly authorized to carry a concealed pistol;
(4) Any person engaged in the business of manufacturing, repairing, or dealing in firearms, or the
agent or representative of the person, if possessing, using, or carrying a pistol in the usual or ordinary
course of the business;
(5) Regularly enrolled members of any organization duly authorized to purchase or receive pistols
from the United States or from this state;
(6) Regularly enrolled members of clubs organized for the purpose of target shooting, when those
members arc at or are going to or from their places of target practice;
(7) Regularly enrolled members of clubs organized for the purpose of modern and antique firearm
collecting, when those members are at or are going to or from their collector's gun shows and exhibits;
(8) Any person engaging in a lawful outdoor recreational activity such as hunting, fishing, camping,
hiking, or horseback riding, only if, considering all of the attendant circumstances, including but not
limited to whether the person has a valid hunting or fishing license, it is reasonable to conclude that the
person is participating in lawful outdoor activities or is traveling to or from a legitimate outdoor
recreation area;
(9) Any person while carrying a pistol unloaded and in a closed opaque case or secure wrapper; or
(1 0) Law enforcement officers retired for service or physical disabilities, except for those law
enforcement officers retired because of mental or stress-related disabilities. This subsection applies only
to a retired officer who has: (a) Obtained documentation from a law enforcement agency within
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Washington state from which he or she retired that is signed by the agency's chief law enforcement
officer and that states that the retired off cer wa.S retired for service or physical disability; and (b) not
been convicted of a crime making him or her ineligible for a concealed pistol license.
[199$ c253 § 2; 1996c295 ti 5; 1995c392 § 1: 1994 sp,s. r 7 § 406; 1961 c 124 § 5; 1935 c 172 § 6; PAS§ 2516-6.]
NOTES:
Finding-- intent— Severability-- 1994 sp.s. c 7: See notes following RCW 43.70.540.
Effective date -- 1994 sp.s. c 7 §§ 491-410, 413-416, 418-437, and 439-460: See note following
RCW 9-41-01(1
RCW 9.41.070
Concealed pistol license -- Application -- Fee -- Renewal.
(1) The chief of police of a municipality or the sherifF of a county shall within thirty days after the filing
of an application of any person, issue a license to such person to carry a pistol concealed on his or her
person within this state for five years from date of issue, for the purposes of protection or while engaged
in business, sport, or while traveling. However, if the applicant does not have a valid permanent
Washington driver's license or Washington state identification card or has not been a resident of the state
fbr the previous consecutive ninety days, the issuing authority shall have up to sixty days after the filing
of the application to issue a license- The issuing authority shall not refuse to accept completed
--, applications for concealed pistol licenses during regular business hours.
The applicant's constitutional right to bear arms shall not be denied, unless:
•
(a) He or she is ineligible to possess a firearm under the provisions of R W 9.41.040 or 9.41.045;
(b) The applicant's concealed pistol license is in a revoked status;
(c) He or she is under twenty-one years of age;
(d) Pie or she is subject to a court order or injunction regarding firearms pursuant to R W 9A-46.080,
10.14-080, 10-99-040, 10.99.045, 26.09,050, 26.09,060, 26.10-040, 26-10-115, 6-26-130, 26.50-060,
26-50-070, or 26-26-590;
(e) He or she is free on bond or personal recognizance pending trial, appeal, or sentencing for a
felony offense;
(f) He or she has an outstanding warrant for his or her arrest from any court of competent jurisdiction
for a felony or misdemeanor; or
(g) He or she has been ordered to forfeit a lirearrn under RCW 9.41.098(1)(e) within one year before
filing an application to carry a pistol concealed on his or her person.
No person convicted of a felony may have his or her right to possess firearms restored or his or her
privilege to ca a concealed pistol restored unless the person has been anted relief from disabilities
-- -�� p' tv n7' a )!� - � p �'
by the secretary of the treasury under 18 U,S. , Sec- 925(c), or RCW 9.41.040 (3) or(4) applies.
•
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(2) The issuing authority shall check with the national crime information center, the Washington state
patrol electronic data base, the department of social and health services electronic data base, and with
other agencies or resources as appropriate, to determine whether the applicant is ineligible under RCW
9.41.040 or 9.41.045 to possess a firearm and therefore ineligible for a concealed pistol license. This
subsection applies whether the applicant is applying for a new concealed pistol license or to renew a
concealed pistol license.
(3) Any person whose firearms rights have been restricted and who has been granted relief from
disabilities by the secretary of the treasury under 18 U.S.C. Sec. 925(c) or who is exempt under 18 •
U.S.C. Sec. 921(a)(20)(A) shall have his or her right to acquire, receive, transfer, ship, transport, carry,
and possess firearms in accordance with Washington state law restored except as otherwise prohibited
by this chapter.
(4) The license application shall bear the full name, residential address, telephone number at the
option of the applicant, date and place of birth, race, gender, description, not more than two complete
sets of fingerprints, and signature of the licensee, and the licensee's driver's license number or state
identification card number if used for identification in applying for the license. A signed application for
a concealed pistol license shall constitute a waiver of confidentiality and written request that the
department of social and health services, mental health institutions, and other health care facilities
release information relevant to the applicant's eligibility for a concealed pistol license to an inquiring
court or law enforcement agency.
The application for an original license shall include two complete sets of fingerprints to be forwarded
to the Washington state patrol.
? The license and application shall contain a warning substantially as follows:
CAUTION: Although state and local laws do not differ, federal law and state law on the
possession of firearms differ. If you are prohibited by federal law from possessing a firearm,
you may be prosecuted in federal court. A state license is not a defense to a federal
prosecution.
The license shall contain a description of the major differences between state and federal law and an
explanation of the fact that local laws and ordinances on firearms are preempted by state law and must
be consistent with state law. The application shall contain questions about the applicant's eligibility
under RCW 9.41.040 to possess a pistol, the applicant's place of birth, and whether the applicant is a
United States citizen. The applicant shall not be required to produce a birth certificate or other evidence
of citizenship. A person who is not a citizen of the United States shall meet the additional requirements
of RCW 9.41.170 and produce proof of compliance with RCW 9.41.170 upon application. The license
shall be in triplicate and in a form to be prescribed by the department of licensing.
The original thereof shall be delivered to the licensee, the duplicate shall within seven days be sent to
the director of licensing and the triplicate shall be preserved for six years, by the authority issuing the
license.
The department of licensing shall make available to law enforcement and corrections agencies, in an
on-line format, all information received under this subsection.
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(5)The nonrefundable fee, paid upon application, for the original five-year license shall be thirty-six
dollars plus additional charges imposed by the Federal Bureau of investigation that are passed on to the
applicant. No other state or local branch or unit of government may impose any additional charges on
the applicant for the issuance of the license.
The fee shall be distributed as follows:
(a) Fifteen dollars shall be paid to the state general fund;
(b) Four dollars shall be paid to the agency taking the fingerprints of the person licensed;
(c) Fourteen dollars shall be paid to the issuing authority for the purpose of enforcing this chapter;
and
(d) Three dollars to the firearms range account in the general fund.
(6) The nonrefundable fee for the renewal of such license shall be thirty-two dollars. No other branch
or unit of government may impose any additional charges on the applicant for the renewal of the license.
The renewal fee shall be distributed as follows:
(a) Fifteen dollars shall be paid to the state general fund;
(b) Fourteen dollars shall be paid to the issuing authority for the purpose of enforcing this chapter;
and
(c) Three dollars to the firearms range account in the general fund.
(7) The nonrefundable fee for replacement of lost or damaged licenses is ten dollars to be paid to the
issuing authority.
(8) Payment shall be by cash, check, or money order at the option of the applicant. Additional
methods of payment may be allowed at the option of the issuing authority.
(9) A licensee may renew a license if the licensee applies for renewal within ninety days before or
after the expiration date of the license. A license so renewed shall take effect on the expiration date of
the prior license. A licensee renewing after the expiration date of the license must pay a late renewal
penalty of ten dollars in addition to the renewal fee specified in subsection (6) of this section. The fee
shall be distributed as follows:
(a) Three dollars shall be deposited in the state wildlife fund and used exclusively first for the
printing and distribution of a pamphlet on the legal limits of the use of firearms, firearms safety, and the
preemptive nature of state law, and subsequently the support of volunteer instructors in the basic
firearms safety training program conducted by the department of fish and wildlife. The pamphlet shall
be given to each applicant for a license; and
(b) Seven dollars shall be paid to the issuing authority for the purpose of enforcing this chapter.
(10)Notwithstanding the requirements of subsections (1) through (9) of this section, the chief of
police of the municipality or the sheriff of the county of the applicant's residence may issue a temporary
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emergency license for good cause pending review under subsection (1) of this section. However; a
temporary emergency license issued under this subsection shall not exempt the holder of the license
from any records check requirement. Temporary emergency licenses shall be easily distinguishable from
regular licenses,
(11) A political subdivision of the state shall not modify the requirements of this section or chapter,
nor may a political subdivision ask the applicant to voluntarily submit any information not required by
this section.
• (12) A person who knowingly makes a false statement regarding citizenship or identity on an
• application for a concealed pistol license is guilty of false swearing under R.CW 9A_72,040. In addition
• to any other penalty provided for by law, the concealed pistol license of a person who knowingly makes
a false statement shall be revoked, and the person shall be permanently ineligible for a concealed pi stol
license.
(13) A person may apply for a concealed pistol license: •
(a) To the municipality or to the county in which the applicant resides if the applicant resides in a
municipality;
•
(b) To the county in which the applicant resides if the applicant resides in an unincorporated area; or
(c) Anywhere in the state if the applicant is a nonresident,
f--� [2002 c 302 § 703; 1999 c 222 § 2; 19.96 c 295 § 6; 1995 c 351 § 1.Prior: 1994 sp.s. r 7 §407; 1994 e 190.5 2; 1992 c 165 §
1; 1990 c 195 § 6;prior: 19884;263 § 10; 1488 c 223 § I; ]98R 0219 § 1; 1988 c 36 § 1; 1985 c 428 § 3; 1983 c 232§ 3;
1979 c 155 § I; ]971 cx.R. c3022; 1961c1246; 1935 172 § 7;R1S § 25161-7.]
NOTES:
Application -- Construction -- Short title -- Severability-- 2002 c 302: See RCW 26.26.903,
26.26.911, and 26.26.912.
Finding— Hunter education program: "The legislature finds that the hunter education program
offers classes that all new hunters in the state are legally required to complete, but that budget reductions
have limited the assistance that may be provided to the volunteers who conduct these classes, portion
of the )Funds for this program is provided by statute exclusively for printing end distributing the hunter
safety pamphlet. While this pamphlet should remain the highest spending priority for these fluids, there
is a surplus in the account which could assist with other activities by the volunteerrs conducting the
hunter education program_" [1999 c 222 § 1.]
finding -- Intent-- Severability — 1994 sp.s. c 7: See notes fol lowing RCW 43.70.540_
Effective date -- 1994 sp.s. c 7 § 401-410, 413-416, 418-437, and 439-460: See note following
RCW 9.41.010.
Severability -- 1992 c 168; "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." [1992 c 168 § 4.]
Severability-- .1.985 c 428: See note following R AN 9.41.290.
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Severability-- 1983 c 232: See note following RCW 9.41.010.
Severabillity-- 1971 ex.s. c 302: See note following RCW 9.41.010.
RCW 9.41.075
Concealed pistol license-- Revocation.
(1) The license shall be revoked by the license-issuing authority immediately upon:
(a) Discovery by the issuing authority that the person was ineligible under RCW 9.41.070 for a
concealed pistol license when applying for the license or license renewal;
(b) Conviction of the licensee of an offense, or commitment of the licensee for.mental health
treatment, that makes a person ineligible under RCW 9.41.040 to possess a firearm;
(c) Conviction of the licensee for a third violation of this chapter within five calendar years; or
(d) An order that the licensee forfeit a firearm under RCW 9.41.098(1)(d).
(2)(a)Unless the person may lawfully possess a pistol without a concealed pistol license, an
ineligible person to whom a concealed pistol license was issued shall, within fourteen days of license
revocation, lawfully transfer ownership of any pistol acquired while the person was in possession of the
license.
(b) Upon discovering a person issued a concealed pistol license was ineligible for the license, the
issuing authority shall contact the department of licensing to determine whether the person purchased a
pistol while in possession of the license. If the person did purchase a pistol while in possession of the
concealed pistol license, if the person may not lawfully possess a pistol without a concealed pistol
license, the issuing authority shall require the person to present satisfactory evidence of having lawfully
transferred ownership of the pistol. The issuing authority shall require the person to produce the
evidence within fifteen days of the revocation of the license.
(3)When a licensee is ordered to forfeit a firearm under RCW 9.41.098(1)(d), the issuing authority
shall:
(a) On the first forfeiture, revoke the license for one year;
(b) On the second forfeiture, revoke the license for two years; or
(c) On the third or subsequent forfeiture, revoke the license for five years.
Any person whose license is revoked as a result of a forfeiture of a firearm under RCW 9.41.Q98.(1)
(d)may not reapply for a new license until the end of the revocation period.
(4) The issuing authority shall notify, in writing, the department of licensing of the revocation of a
license. The department of licensing shall record the revocation.
[1994 sp.s.c 7§408.]
NOTES:
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Finding-- Intent-- Severability-- 1994 sp.s. c 7: See notes following RCW 43.70.540.
Effective date-- 1994 sp.s. c 7 §§ 401-410, 413-416, 418-437, and 439-460: See note following
RCW 9.41.010.
RCW 9.41.080
Delivery to ineligible persons.
No person may deliver a firearm to any person whom he or she has reasonable cause to believe is
ineligible under R.CW .41.040 to possess a firearm. Any person violating this section is guilty of a class
C felony, punishable under chapter 9A.20 RCW.
[1994 sp.s.c 7 §409; 1935 c 172 j 8;RRS§2516-8.]
NOTES:
Finding-- Intent-- Severability-- 1994 sp.s. c 7: See notes following RCW 43.70.540.
Effective date-- 1994 sp.s. c 7 §§401-410, 413-416,418-437, and 439-460: See note following
RCW 9.41.010.
RCW 9.41.090
Dealer deliveries regulated— Hold on delivery.
(1) In addition to the other requirements of this chapter,no dealer may deliver a pistol to the purchaser
thereof until:
(a)The purchaser produces a valid concealed pistol license and the dealer has recorded the
purchaser's name, license number, and issuing agency, such record to be made in triplicate and
processed as provided in subsection (5) of this section. For purposes of this subsection(1)(a), a "valid
concealed pistol license" does not include a temporary emergency license, and does not include any
license issued before July 1, 1996, unless the issuing agency conducted a records search for
disqualifying crimes under.RCW 9.41.070 at the time of issuance;
(b) The dealer is notified in writing by the chief of police or the sheriff of the jurisdiction in which
the purchaser resides that the purchaser is eligible to possess a pistol under RCW 9.41.040 and that the
application to purchase is approved by the chief of police or sheriff; or
(c) Five business days, meaning days on which state offices are open, have elapsed from the time of
receipt of the application for the purchase thereof as provided herein by the chief of police or sheriff
designated in subsection (5) of this section, and, when delivered, the pistol shall be securely wrapped
and shall be unloaded. However; if the purchaser does not have a valid permanent Washington driver's
license or state identification card or has not been a resident of the state for the previous consecutive
ninety days, the waiting period under this subsection (1)(c) shall be up to sixty days.
(2)(a) Except as provided in (b) of this subsection, in determining whether the purchaser meets the
requirements of RCW 9.41.040, the chief of police or sheriff, or the designee of either, shall check with
the national crime information center, the Washington state patrol electronic data base, the department
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of social and health services electronic data base, and with other agencies or resources as appropriate, to
determine whether the applicant is ineligible under RCW 9.41.040 to possess a firearm.
(b) Once the system is established, a dealer shall use the state system and national instant criminal
background check system, provided for by the Brady Handgun Violence Prevention Act (18 U.S.C. Sec.
921 et seq.), to make criminal background checks of applicants to purchase firearms. However, a chief
of police or sheriff, or a designee of either, shall continue to check the department of social and health
services' electronic data base and with other agencies or resources as appropriate, to determine whether
applicants are ineligible under RCW 9.41.040 to possess a firearm.
(3) In any case under subsection (1)(c) of this section where the applicant has an outstanding warrant
for his or her arrest from any court of competent jurisdiction for a felony or misdemeanor, the dealer
shall hold the delivery of the pistol until the warrant for arrest is served and satisfied by appropriate
court appearance. The local jurisdiction for purposes of the sale shall confirm the existence of
outstanding warrants within seventy-two hours after notification of the application to purchase a pistol is
received. The local jurisdiction shall also immediately confirm the satisfaction of the warrant on request
of the dealer so that the hold may be released if the warrant was for an offense other than an offense
making a person ineligible under RCW 9.41.04Q to possess a pistol.
(4) In any case where the chief or sheriff of the local jurisdiction has reasonable grounds based on the
following circumstances: (a) Open criminal charges, (b) pending criminal proceedings, (c) pending
commitment proceedings, (d) an outstanding warrant for an offense making a person ineligible under
RCW 9.41.040 to possess a pistol, or (e) an arrest for an offense making a person ineligible under RCW
9.41.040 to possess a pistol, if the records of disposition have not yet been reported or entered
- sufficiently to determine eligibility to purchase a pistol, the local jurisdiction may hold the sale and
delivery of the pistol beyond five days up to thirty days in order to confirm existing records in this state
or elsewhere. After thirty days, the hold will be lifted unless an extension of the thirty days is approved
by a local district court or municipal court for good cause shown. A dealer shall be notified of each hold
placed on the sale by local law enforcement and of any application to the court for additional hold period
to confirm records or confirm the identity of the applicant.
(5) At the time of applying for the purchase of a pistol, the purchaser shall sign in triplicate and
deliver to the dealer an application containing his or her full name, residential address, date and place of
birth, race, and gender; the date and hour of the application; the applicant's driver's license number or
state identification card number; a description of the pistol including the make, model, caliber and
manufacturer's number if available at the time of applying for the purchase of a pistol. If the
manufacturer's number is not available, the application may be processed, but delivery of the pistol to
the purchaser may not occur unless the manufacturer's number is recorded on the application by the
dealer and transmitted to the chief of police of the municipality or the sheriff of the county in which the
purchaser resides; and a statement that the purchaser is eligible to possess a pistol under RCW 9.41.040.
The application shall contain a warning substantially as follows:
CAUTION: Although state and local laws do not differ, federal law and state law on the
possession of firearms differ. If you are prohibited by federal law from possessing a firearm,
you may be prosecuted in federal court. State permission to purchase a firearm is not a
defense to a federal prosecution.
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The purchaser shall be given a copy of the department of fish and wildlife pamphlet on the legal limits
; of the use of firearms, firearms safety, and the fact that local laws and ordinances on firearms are
preempted by state law and must be consistent with state law.
The dealer shall, by the end of the business day, sign and attach his or her address and deliver a copy
of the application and such other documentation as required under subsection (1) of this section to the
chief of police of the municipality or the sheriff of the county of which the purchaser is a resident. The
triplicate shall be retained by the dealer for six years. The dealer shall deliver the pistol to the purchaser
following the period of time specified in this section unless the dealer is notified of an investigative hold
under subsection (4) of this section in writing by the chief of police of the municipality or the sheriff of
the county, whichever is applicable, denying the purchaser's application to purchase and the grounds
thereof. The application shall not be denied unless the purchaser is not eligible to possess a pistol under
RCW 9.41.040 or 9.41.045, or federal law.
The chief of police of the municipality or the sheriff of the county shall retain or destroy applications
to purchase a pistol in accordance with the requirements of 18 U.S.C. Sec. 922.
(6) A person who knowingly makes a false statement regarding identity or eligibility requirements on
the application to purchase a pistol is guilty of false swearing under RCW 9A.72.040.
(7)This section does not apply to sales to licensed dealers for resale or to the sale of antique firearms.
[1996 e 295 § 8. Prior. 1994 sp.s.c 7 § 410; 1994 c 264§ 1; 1988 c 36§ 2; 1985 c 428 §4; 1983 c 232 § 4; 1969 ex.s.c 227
§ I; 1961 c 124§ 7; 1935 c 172 §9;RRS § 2516-9.]
NOTES:
Finding-- intent-- Severability-- 1994 sp.s. a 7: See notes following RCW 43.70.540.
Effective date-- 1994 sp.s. c 7 §§ 401-410,413-416, 418-437, and 439-460: See note following
RCW 9.41.010.
Severability-- 1985 c 428: See note following RCW 9.41.290.
Severability-- 1983 c 232: See note following RCW 9.41.010.
RCW 9.41.094
Waiver of confidentiality.
A signed application to purchase a pistol shall constitute a waiver of confidentiality and written request
that the department of social and health services, mental health institutions, and other health care
facilities release, to an inquiring court or law enforcement agency, information relevant to the applicant's
eligibility to purchase a pistol to an inquiring court or law enforcement agency.
[1994 sp.s. c 7 §411.]
NOTES:
Finding--Intent-- Severability-- Effective dates-- Contingent expiration date -- 1994 sp.s. c 7:
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See notes following RCW 43.70.540.
RCW 9.41.097
Supplying information on persons purchasing pistols or applying for concealed pistol licenses.
(1) The department of social and health services, mental health institutions, and other health care
facilities shall, upon request of a court or law enforcement agency, supply such relevant information as
is necessary to determine the eligibility of a person to possess a pistol or to be issued a concealed pistol
license under RCW 2,4110 or to purchase a pistol under RCW 9.41.090.
(2) Mental health information received by: (a) The department of licensing pursuant to RCW
9.41.047 or 9.41.170; (b) an issuing authority pursuant to RCW 9.41.047 or 9.41.070; (c) a chief of
police or sheriff pursuant to RCW 9.41.090 or 9.41.170; (d) a court or law enforcement agency pursuant
to subsection (1) of this section, shall not be disclosed except as provided in RCW 42.17.318.
[1994sp.s.c7*412; 1983c232 §5.]
NOTES:
Finding-- intent— Severability— Effective dates -- Contingent expiration date— 1994 sp.s. c 7:
See notes following RCW 43.70.540.
Severability-- 1983 c 232: See note following RCW 141.010.
RCW 9.41.0975
Officials and agencies -- Immunity, writ of mandamus.
(1)The state, local governmental entities, any public or private agency, and the employees of any state
or local governmental entity or public or private agency, acting in good faith, are immune from liability:
(a) For failure to prevent the sale or transfer of a firearm to a person whose receipt or possession of
the firearm is unlawful;
(b) For preventing the sale or transfer of a firearm to a person who may lawfully receive or possess a
firearm;
(c) For issuing a concealed pistol license to a person ineligible for such a license;
(d) For failing to issue a concealed pistol license to a person eligible for such a license;
(e) For revoking or failing to revoke an issued concealed pistol license;
(f) For errors in preparing or transmitting information as part of determining a person's eligibility to
receive or possess a firearm, or eligibility for a concealed pistol license;
(g) For issuing a dealer's license to a person ineligible for such a license; or
(h) For failing to issue a dealer's license to a person eligible for such a license.
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(2) An application may be made to a court of competent jurisdiction for a writ of mandamus:
(a) Directing an issuing agency to issue a concealed pistol license wrongfully refused;
(b) Directing a law enforcement agency to approve an application to purchase wrongfully denied;
(c) Directing that erroneous information resulting either in the wrongful refusal to issue a concealed
pistol license or in the wrongful denial of a purchase application be corrected; or
(d) Directing a law enforcement agency to approve a dealer's license wrongfully denied.
The application for the writ may be made in the county in which the application for a concealed
pistol license or to purchase a pistol was made, or in Thurston county, at the discretion of the petitioner.
A court shall provide an expedited hearing for an application brought under this subsection (2) for a writ
of mandamus. A person granted a writ of mandamus under this subsection (2) shall be awarded
reasonable attorneys' fees and costs.
[1996 c 295`3 9; 1994 sp.s.c 7 §413.]
NOTES:
Finding-- intent— Severability-- 1994 sp.s. c 7: See notes following RCW 43.70.540.
Effective date-- 1994 sp.s. c 7 §§ 401-410, 413-416, 418-437, and 439-460: See note following
RCW 9.41.010.
RCW 9.41.098
Forfeiture of firearms -- Disposition -- Confiscation.
(1) The superior courts and the courts of limited jurisdiction of the state may order forfeiture of a firearm
which is proven to be:
(a) Found concealed on a person not authorized by RCW 9.41.060 or 9.41.070 to carry a concealed
pistol: PROVIDED,That it is an absolute defense to forfeiture if the person possessed a valid
Washington concealed pistol license within the preceding two years and has not become ineligible for a
concealed pistol license in the interim. Before the firearm may be returned, the person must pay the past
due renewal fee and the current renewal fee;
(b) Commercially sold to any person without an application as required by RCW 9.41.090;
(c) in the possession of a person prohibited from possessing the firearm under RCW 9.41_.040 ar
9.41.045;
(d) In the possession or under the control of a person at the time the person committed or was
arrested for committing a felony or committing a nonfelony crime in which a fireann was used or
displayed;
(e) In the possession of a person who is in any place in which a concealed pistol license is required,
and who is under the influence of any drug or under the influence of intoxicating liquor, as defined in
chapter 46.61 RCW;
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(f) In the possession of a person free on bail or personal recognizance pending trial, appeal, or
sentencing for a felony or for a nonfelony crime in which a firearm was used or displayed, except that
violations of Title 77 RCW shall not result in forfeiture under this section;
(g) In the possession of a person found to have been mentally incompetent while in possession of a
firearm when apprehended or who is thereafter committed pursuant to chapter 10.77 or 71.05 RCW;
(h) Used or displayed by a person in the violation of a proper written order of a court of general
jurisdiction; or
(i) Used in the commission of a felony or of a nonfelony crime in which a firearm was used or
displayed.
(2)Upon order of forfeiture, the court in its discretion may order destruction of any forfeited firearm.
A court may temporarily retain forfeited firearms needed for evidence.
(a) Except as provided in (b), (c), and (d) of this subsection, firearms that are: (i) Judicially forfeited
and no longer needed for evidence; or(ii) forfeited due to a failure to make a claim under RCW
63.32.010 or 63.40.010; may be disposed of in any manner determined by the local legislative authority.
Any proceeds of an auction or trade may be retained by the legislative authority. This subsection(2)(a)
applies only to firearms that come into the possession of the law enforcement agency after June 30,
1993.
By midnight, June 30, 1993, every law enforcement agency shall prepare an inventory, under oath, of
, ? every firearm that has been judicially forfeited, has been seized and may be subject to judicial forfeiture,
or that has been, or may be, forfeited due to a failure to make a claim under RCW 63.32.010 or
63.40.010.
(b) Except as provided in (c) of this subsection, of the inventoried firearms a law enforcement agency
shall destroy illegal firearms, may retain a maximum of ten percent of legal forfeited firearms for agency
use, and shall either:
(i) Comply with the provisions for the auction of firearms in RCW 9.41.098 that were in effect
immediately preceding May 7, 1993; or
(ii)Trade, auction, or arrange for the auction of rifles and shotguns. In addition, the law enforcement
agency shall either trade, auction, or arrange for the auction of short firearms, or shall pay a fee of
twenty-five dollars to the state treasurer for every short firearm neither auctioned nor traded, to a
maximum of fifty thousand dollars. The fees shall be accompanied by an inventory, under oath, of every
short firearm listed in the inventory required by (a) of this subsection, that has been neither traded nor
auctioned. The state treasurer shall credit the fees to the firearms range account established in RCW
79A.25.210. All trades or auctions of firearms under this subsection shall be to licensed dealers.
Proceeds of any auction less costs, including actual costs of storage and sale, shall be forwarded to the
firearms range account established in RCW 79A.25.210.
(c) Antique firearms and firearms recognized as curios, relics, and firearms of particular historical
significance by the United States treasury department bureau of alcohol, tobacco, and firearms are
exempt from destruction and shall be disposed of by auction or trade to licensed dealers.
(d) Firearms in the possession of the Washington state patrol on or after May 7, 1993, that are
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judicially forfeited and no longer needed for evidence, or forfeited due to a failure to make a claim under
�.� RCW 63.35.020, must be disposed of as follows: (i) Firearms illegal for any person to possess must be
destroyed; (ii) the Washington state patrol may retain a maximum of ten percent of legal firearms for
agency use; and (iii) all other legal firearms must be auctioned or traded to licensed dealers. The
Washington state patrol may retain any proceeds of an auction or trade.
(3) The court shall order the firearm returned to the owner upon a showing that there is no probable
cause to believe a violation of subsection (1) of this section existed or the firearm was stolen from the
owner or the owner neither had knowledge of nor consented to the act or omission involving the firearm
which resulted in its forfeiture.
(4) A law enforcement officer of the state or of any county or municipality may confiscate a firearm
found to be in the possession of a person under circumstances specified in subsection (1) of this section.
After confiscation, the firearm shall not be surrendered except: (a) To the prosecuting attorney for use in
subsequent legal proceedings; (b) for disposition according to an order of a court having jurisdiction as
provided in subsection (1) of this section; or(c) to the owner if the proceedings are dismissed or as
directed in subsection(3) of this section.
[2003 c 39 § 5; 1996 c 295 § 10; 1994 sp.s.c 7§ 414; 1993 c 243 § 1; 1989 c 222 § 8; 1988 c 223 § 2.Prior: 1987 c 506 §
91; 1987c373 § 7; 1986c 153 § 1; 1983c232 § 6.]
NOTES:
Finding-- Intent-- Severability-- 1994 sp.s. c 7: See notes following RCW 43.70.540.
Effective date-- 1994 sp.s. c 7 §§ 401-410, 413-416,418-437, and 439-460: See note following
., RCW 9.41.010.
Effective date — 1993 c 243: "This act is necessary for the immediate preservation of the public
peace, health, or safety, or support of the state government and its existing public institutions, and shall
take effect immediately [May 7, 1993]." [1993 c 243 § 2.]
Severability-- 1989 c 222: See RCW 63.35.900.
Legislative findings and intent-- 1987 c 506: See note following RCW 77.04.020.
Legislative finding, purpose-- Severability-- 1987 c 373: See notes following RCW 46.61.502.
Severability-- 1983 c 232: See note following RCW 9.41.010.
RCW 9.41.100
Dealer licensing and registration required.
Every dealer shall be licensed as provided in RCW 9.41.110 and shall register with the department of
revenue as provided in chapters 82.04 and 82.32 RCW.
[1994sp.s.c7 §415; 1935c172 § 10; RRS §2516-10.]
NOTES:
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Finding-- Intent-- Severability-- 1994 sp.s. c 7: See notes following RCW 43.70.540.
Effective date-- 1994 sp.s. c 7 §§ 401-410, 413-416, 418-437, and 439-460: See note following
RCW 9.41.01.0.
RCW 9.41.110
Dealer's licenses, by whom granted, conditions, fees -- Employees, fingerprinting and background
checks -- Wholesale sales excepted-- Permits prohibited.
(1)No dealer may sell or otherwise transfer, or expose for sale or transfer, or have in his or her
possession with intent to sell, or otherwise transfer, any pistol without being licensed as provided in this
section.
(2)No dealer may sell or otherwise transfer, or expose for sale or transfer, or have in his or her
possession with intent to sell, or otherwise transfer, any firearm other than a pistol without being
licensed as provided in this section.
(3)No dealer may sell or otherwise transfer, or expose for sale or transfer, or have in his or her
possession with intent to sell, or otherwise transfer, any ammunition without being licensed as provided
in this section.
(4) The duly constituted licensing authorities of any city, town, or political subdivision of this state
shall grant licenses in forms prescribed by the director of licensing effective for not more than one year
from the date of issue permitting the licensee to sell firearms within this state subject to the following
conditions, for breach of any of which the license shall be forfeited and the licensee subject to
punishment as provided in RCW 9.41.010 through 9.41.810. A licensing authority shall forward a copy
of each license granted to the department of licensing. The department of licensing shall notify the
department of revenue of the name and address of each dealer licensed under this section.
(5)(a) A licensing authority shall, within thirty days after the filing of an application of any person for
a dealer's license, determine whether to grant the license. However, if the applicant does not have a valid
permanent Washington driver's license or Washington state identification card, or has not been a
resident of the state for the previous consecutive ninety days, the licensing authority shall have up to
sixty days to determine whether to issue a license. No person shall qualify for a license under this
section without first receiving a federal firearms license and undergoing fingerprinting and a background
check. In addition, no person ineligible to possess a firearm under RCW 9.41.040 or ineligible for a
concealed pistol license under RCW 9.41.070 shall qualify for a dealer's license.
(b) A dealer shall require every employee who may sell a firearm in the course of his or her
employment to undergo fingerprinting and a background check. An employee must be eligible to
possess a firearm, and must not have been convicted of a crime that would make the person ineligible
for a concealed pistol license, before being permitted to sell a firearm. Every employee shall comply
with requirements concerning purchase applications and restrictions on delivery of pistols that are
applicable to dealers.
(6)(a) Except as otherwise provided in (b) of this subsection, the business shall be carried on only in
the building designated in the license. For the purpose of this section, advertising firearms for sale shall
not be considered the carrying on of business.
(b)A dealer may conduct business temporarily at a location other than the building designated in the
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license, if the temporary location is within Washington state and is the location of a gun show sponsored
by a national, state, or local organization, or an affiliate of any such organization, devoted to the
collection, competitive use, or other sporting use of firearms in the community. Nothing in this
subsection (6)(b) authorizes a dealer to conduct business in or from a motorized or towed vehicle.
In conducting business temporarily at a location other than the building designated in the license, the
dealer shall comply with all other requirements imposed on dealers by RCW 9.41.090, 9.41.100, and
9.41.110. The license of a dealer who fails to comply with the requirements of RCW 9.41.080 and
9.41.090 and subsection (8) of this section while conducting business at a temporary location shall be
revoked, and the dealer shall be permanently ineligible for a dealer's license.
(7) The license or a copy thereof, certified by the issuing authority, shall be displayed on the premises
in the area where firearms are sold, or at the temporary location, where it can easily be read.
(8)(a)No pistol maybe sold: (i) In violation of any provisions of RCW .41.010 through 9.41.810;
nor (ii) may a pistol be sold under any circumstances unless the purchaser is personally known to the
dealer or shall present clear evidence of his or her identity.
(b) A dealer who sells or delivers any firearm in violation of RCW 9.41.080 is guilty of a class C
felony. In addition to any other penalty provided for by law, the dealer is subject to mandatory
permanent revocation of his or her dealer's license and permanent ineligibility for a dealer's license.
(c) The license fee for pistols shall be one hundred twenty-five dollars. The license fee for firearms
other than pistols shall be one hundred twenty-five dollars. The license fee for ammunition shall be one
hundred twenty-five dollars. Any dealer who obtains any license under subsection (1), (2), or(3) of this
section may also obtain the remaining licenses without payment of any fee. The fees received under this
section shall be deposited in the account under RCW 69.50.520.
(9)(a) A true record in triplicate shall be made of every pistol sold, in a book kept for the purpose, the
form of which may be prescribed by the director of licensing and shall be personally signed by the
purchaser and by the person effecting the sale, each in the presence of the other, and shall contain the
date of sale, the caliber, make, model and manufacturer's number of the weapon, the name, address,
occupation, and place of birth of the purchaser and a statement signed by the purchaser that he or she is
not ineligible under RCW 9.41.040 to possess a firearm.
(b) One copy shall within six hours be sent by certified mail to the chief of police of the municipality
or the sheriff of the county of which the purchaser is a resident; the duplicate the dealer shall within
seven days send to the director of licensing; the triplicate the dealer shall retain for six years.
(10) Subsections (2) through (9) of this section shall not apply to sales at wholesale.
(1 1) The dealer's licenses authorized to be issued by this section are general licenses covering all
sales by the licensee within the effective period of the licenses. The department shall provide a single
application form for dealer's licenses and a single license form which shall indicate the type or types of
licenses granted.
(12) Except as provided in RCW 9.41.090, every city, town, and political subdivision of this state is
• prohibited from requiring the purchaser to secure a permit to purchase or from requiring the dealer to
secure an individual permit for each sale.
[1994 sp.s. c 7 § 416; 1979 c 158 § 2; 1969 cx.s. c 227 §4; 1963 c 163 § 1; 1961 c 124 § 8; 1935 c 172 § I I;RRS §2516-
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11.1
NOTES:
Finding--Intent-- Severability-- 1994 sp.s. c 7: See notes following RCW 43.70.540.
Effective date -- 1994 sp.s. c 7 §§401-410, 413-416, 418-437, and 439-460: See note following
RCW 9.41.010.
RCW 9.41.120
Firearms as loan security.
No person other than a duly licensed dealer shall make any loan secured by a mortgage, deposit or
pledge of a pistol. Any licensed dealer receiving a pistol as a deposit or pledge for a loan shall keep such
records and make such reports as are provided by law for pawnbrokers and secondhand dealers in cities
of the first class. A duly licensed dealer may mortgage any pistol or stock of pistols but shall not deposit
or pledge the same with any other person.
[1961 c 124§9; 1935 c 172 § 12;RRS§2516-12.]
NOTES:
Pawnbrokers and second-hand dealers: Chapter 19.60 RCW.
RCW 9.41.122
Out-of-state purchasing.
Residents of Washington may purchase rifles and shotguns in a state other than Washington:
PROVIDED, That such residents conform to the applicable provisions of the federal Gun Control Act of
1968, Title IV, Pub. L. 90-351 as administered by the United States secretary of the treasury: AND
PROVIDED FURTHER, That such residents are eligible to purchase or possess such weapons in
Washington and in the state in which such purchase is made.
[1970 ex.s.c 74§ 1.Formerly RCW 19.70.010.]
RCW 9.41.124
Purchasing by nonresidents.
Residents of a state other than Washington may purchase rifles and shotguns in Washington:
PROVIDED, That such residents conform to the applicable provisions of the federal Gun Control Act of
1968, Title IV, Pub. L. 90-351 as administered by the United States secretary of the treasury: AND
PROVIDED FURTHER, That such residents are eligible to purchase or possess such weapons in
Washington and in the state in which such persons reside.
[1970 ex.s.c 74§2. Formerly RCM 19.70.020.]
•
RCW 9.41.129
Recordkeeping requirements.
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The department of licensing may keep copies or records of applications for concealed pistol licenses
provided for in RCW 9.41.070, copies or records of applications for alien firearm licenses, copies or
records of applications to purchase pistols provided for in RCW 9.41.O9Q, and copies or records of pistol
transfers provided for in RCW 9.41.110. The copies and records shall not be disclosed except as
provided in RCW 42.17.318.
[1994sp.s.c7§417.1
NOTES:
Finding-- Intent— Severability-- Effective dates -- Contingent expiration date -- 1994 sp.s. c 7:
See notes following RCW 43.70.540.
RCW 9.41.135
Verification of licenses and registration --Notice to federal government.
(1) At least once every twelve months, the department of licensing shall obtain a list of dealers licensed
under 18 U.S.C. Sec. 923(a) with business premises in the state of Washington from the United States
bureau of alcohol, tobacco, and firearms. The department of licensing shall verify that all dealers on the
list provided by the bureau of alcohol, tobacco, and firearms are licensed and registered as required by
RCW 9.41.100.
(2) At least once every twelve months, the department of licensing shall obtain from the department
of revenue and the department of revenue shall transmit to the department of licensing a list of dealers
registered with the department of revenue, and a list of dealers whose names and addresses were
forwarded to the department of revenue by the department of licensing under RCW 9.41.110, who failed
to register with the department of revenue as required by RCW 9.41.100.
(3) At least once every twelve months, the department of licensing shall notify the bureau of alcohol,
tobacco, and firearms of all dealers licensed under 18 U.S.C. Sec. 923(a) with business premises in the
state of Washington who have not complied with the licensing or registration requirements of RCW
9.41.100. In notifying the bureau of alcohol, tobacco, and firearms, the department of licensing shall not
specify whether a particular dealer has failed to comply with licensing requirements or has failed to
comply with registration requirements.
[1995 c 318 ■ 6; 1 994 sp.s.c 7 §4181
NOTES:
Effective date -- 1.995 c 318: See note following RCW 82.04.030.
Finding-- Intent-- Severability-- Effective dates — Contingent expiration date-- 1994 sp.s. c 7:
See notes following RCW 43.70.540.
Effective date -- 1994 sp.s. c 7 §§ 401-410, 413-416, 418-437, and 439-460: See note following
RCW 9.41.010.
RCW 9.41.140
•
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Alteration of identifying marks -- Exceptions.
, No person may change, alter, remove, or obliterate the name of the maker, model, manufacturer's
number, or other mark of identification on any firearm. Possession of any firearm upon which any such
mark shall have been changed, altered, removed, or obliterated, shall be prima facie evidence that the
possessor has changed, altered, removed, or obliterated the same. This section shall not apply to
replacement barrels in old firearms, which barrels are produced by current manufacturers and therefor
do not have the markings on the barrels of the original manufacturers who are no longer in business.
This section also shall not apply if the changes do not make the firearm illegal for the person to possess
under state or federal law.
[1994 sp.s. e 7 §419; 1961 c 124 § 10; 1935 c 172 § 14;RR.S §2516-14.]
NOTES:
•
Finding-- Intent— Severability-- 1994 sp.s. c 7: See notes following RCW 43.70.540.
Effective date -- 1994 sp.s. c 7 §§ 401-410,413-416, 418-437, and 439-460: See note following
RCW 9.41.010.
RCW 9.41.170
Alien's license to carry firearms -- Exception.
(1) It is a class C felony for any person who is not a citizen of the United States to carry or possess any
firearm, without first having obtained an alien firearm license from the director of licensing. In order to
be eligible for a license, an alien must provide proof that he or she is lawfully present in the United
States, which the director of licensing shall verify through the appropriate authorities. Except as
provided in subsection(2)(a) of this section, and subject to the additional requirements of subsection (2)
(b) of this section, the director of licensing may issue an alien firearm license only upon receiving from
the consul domiciled in this state representing the country of the alien, a certified copy of the alien's
criminal history in the alien's country indicating the alien is not ineligible under RCW 9.41.040 to own,
possess, or control a firearm, and the consul's attestation that the alien is a responsible person.
(2)(a) Subject to the additional requirements of(b) of this subsection, the director of licensing may
issue an alien firearm license without a certified copy of the alien's criminal history or the consul's
attestation required by subsection (1) of this section, if the alien has been a resident of this state for at
least two years and: (i) The alien is from a country without a consul domiciled within this state, or(ii)
the consul has failed to provide, within ninety days after a request by the alien, the criminal history or
attestation required by subsection (1) of this section.
(b) Before issuing an alien firearm license under subsection (1) of this section or this subsection (2),
the director of licensing shall ask the local law enforcement agency of the jurisdiction in which the alien
resides to complete a background and fingerprint check to determine the alien's eligibility under RCW
9.41.040 to own, possess, or control a firearm. The law enforcement agency shall complete a
background check within thirty days after the request, unless the alien does not have a valid Washington
driver's license or Washington state identification card. In the latter case, the law enforcement agency
shall complete the background check within sixty days after the request.
A signed application for an alien firearm license shall constitute a waiver of confidentiality and
written request that the department of social and health services, mental health institutions, and other
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health care facilities release information relevant to the applicant's eligibility for an alien firearm license
to an inquiring law enforcement agency.
(3) The alien firearm license shall be valid for five years from the date of issue so long as the alien is
lawfully present in the United States. The nonrefundable fee, paid upon application, for the five-year
license shall be fifty-five dollars plus additional charges imposed by the Federal Bureau of Investigation
that are passed on to the applicant. The fee shall be distributed as follows:
(a) Fifteen dollars shall be paid to the department of licensing;
(b) Twenty-five dollars shall be paid to the Washington state patrol; and
(c) Fifteen dollars shall be paid to the local law enforcement agency conducting the background
check.
(4) This section shall not apply to Canadian citizens resident in a province which has an enactment or
public policy providing substantially similar privilege to residents of the state of Washington and who
are carrying or possessing weapons for the purpose of using them in the hunting of game while such
persons are in the act of hunting, or while on a hunting trip, or while such persons are competing in a
bona fide trap or skeet shoot or any other organized contest where rifles, pistols, or shotguns are used.
Nothing in this section shall be construed to allow aliens to hunt or fish in this state without first having
obtained a regular hunting or fishing license.
[1996 c 295§ 11; 1994 c 190§ 1; 1979 c 158§ 3; 1969 ex.s.c 90§ 1; 1953 c 109§ 1. Prior. 1911 c 52§ l; RRS§2517-1.]
RCW 9.41.185
Coyote getters.
The use of"coyote getters" or similar spring-triggered shell devices shall not constitute a violation of
any of the laws of the state of Washington when the use of such "coyote getters" is authorized by the
state department of agriculture and/or the state department of fish and wildlife in cooperative programs
with the United States Fish and Wildlife Service, for the purpose of controlling or eliminating coyotes
harmful to livestock and game animals on range land or forest areas.
[1999 c 143 § 3; 1988 c 36§3; 1965 c 46§ 1.]
RCW 9.41.190
Unlawful firearms -- Exceptions.
(1) It is unlawful for any person to manufacture, own, buy, sell, loan, furnish, transport, or have in
possession or under control, any machine gun, short-barreled shotgun, or short-barreled rifle; or any part
designed and intended solely and exclusively for use in a machine gun, short-barreled shotgun, or short-
barreled rifle, or in converting a weapon into a machine gun, short-barreled shotgun, or short-barreled
rifle; or to assemble or repair any machine gun, short-barreled shotgun, or short-barreled rifle.
(2)This section shall not apply to:
(a)Any peace officer in the discharge of official duty or traveling to or from official duty, or to any
officer or member of the armed forces of the United States or the state of Washington in the discharge of
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official duty or traveling to or from official duty; or
(b)A person, including an employee of such person if the employee has undergone fingerprinting
and a background check, who or which is exempt from or licensed under federal law, and engaged in the
production, manufacture, repair, or testing of machine guns, short-barreled shotguns, or short-barreled
rifles:
(i) To be used or purchased by the armed forces of the United States;
(ii)To be used or purchased by federal, state, county, or municipal law enforcement agencies; or
(iii) For exportation in compliance with all applicable federal laws and regulations.
(3) It shall be an affirmative defense to a prosecution brought under this section that the machine gun,
short-barreled shotgun, or short-barreled rifle was acquired prior to July 1, 1994, and is possessed in
compliance with federal law.
(4) Any person violating this section is guilty of a class C felony.
[1994 sp.s.c 7 §420; 1982 1st ex.s.c 47§ 2; 1933 c 64§ 1;RRS§2518-1.]
NOTES:
Finding-- intent-- Severability-- 1994 sp.s. c 7: See notes following RCW 43.70.540.
Effective date-- 1994 sp.s. c 7 §§401-410,413-416, 418-437, and 439-460: See note following
RCW 9.41.010.
Severability-- 1982 1st ex.s. c 47: "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." [1982 1st ex.s. c 47 § 31.]
RCW 9.41.220
Unlawful firearms and parts contraband.
All machine guns, short-barreled shotguns, or short-barreled rifles, or any part designed and intended
solely and exclusively for use in a machine gun, short-barreled shotgun, or short-barreled rifle, or in
converting a weapon into a machine gun, short-barreled shotgun, or short-barreled rifle, illegally held or
illegally possessed are hereby declared to be contraband, and it shall be the duty of all peace officers,
and/or any officer or member of the armed forces of the United States or the state of Washington, to
seize said machine gun, short-barreled shotgun, or short-barreled rifle, or parts thereof, wherever and
whenever found.
[1994 sp.s. c 7 §421; 1933 c 64 §4; RRS § 2518-4.]
NOTES:
Finding-- Intent-- Severability-- 1994 sp.s. c 7: See notes following RCW 43.70.540.
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Effective date-- 1994 sp.s. c 7 §§ 401-410,413-416, 418-437, and 439-460: See note following
RCW 9.41.010.
•
RCW 9.41.225
Use of machine gun in felony-- Penalty.
It is unlawful for a person, in the commission or furtherance of a felony other than a violation of RCW
9.41.190, to discharge a machine gun or to menace or threaten with a machine gun, another person. A
violation of this section shall be punished as a class A felony under chapter 9A.20 RCW.
[1989 c 231 § 3.]
NOTES:
Intent-- 1989 c 231: "The legislature is concerned about the increasing number of drug dealers,
gang members, and other dangerous criminals who are increasingly being found in possession of
machine guns. The legislature recognizes that possession of machine guns by dangerous criminals
represents a serious threat to law enforcement officers and the general public. The use of a machine gun
in furtherance of a felony is a particularly heinous crime because of the potential for great harm or death
to a large number of people. It is the intent of the legislature to protect the public safety by deterring the
illegal use of machine guns in the furtherance of a felony by creating a separate offense with severe
penalties for such use of a machine gun." [1989 c 231 § l.]
RCW 9.41.230
Aiming or discharging firearms, dangerous weapons.
(1) For conduct not amounting to a violation of chapter 9A.36 RCW, any person who:
(a) Aims any firearm, whether loaded or not, at or towards any human being;
(b) Willfully discharges any firearm, air gun, or other weapon, or throws any deadly missile in a
public place, or in any place where any person might be endangered thereby. A public place shall not
include any location at which firearms are authorized to be lawfully discharged; or
(c) Except as provided in RCW 9.41.1 5, sets a so-called trap, spring pistol, rifle, or other dangerous
weapon,
although no injury results, is guilty of a gross misdemeanor punishable under chapter 9A.20 RCW.
(2) If an injury results from a violation of subsection (I) of this section, the person violating
subsection (1) of this section shall be subject to the applicable provisions of chapters 9A.32 and 9A.36
RCW.
[1994 sp.s. c 7 §422; 1909 c 249§307; 1888 p 100§§ 2,3;RRS§ 2559.]
NOTES:
Finding-- Intent-- Severability-- 1994 sp.s. c 7: See notes following RCW 43.70.540.
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RCW 9 . 41 CHAPTER Page 36 of 45
Effective date-- 1994 sp.s. c 7 §§ 401-410, 413-416, 418-437, and 439-460: See note following
RCW 9.41.010.
Discharging firearm at railroad rolling stock: RCW 81.60.070.
RCW 9.41.240
Possession of pistol by person from eighteen to twenty-one.
Unless an exception under RCW 9.41.042, 9.41.050, or 9.41.060 applies, a person at least eighteen years
of age, but less than twenty-one years of age, may possess a pistol only:
(1) In the person's place of abode;
(2) At the person's fixed place of business; or
(3) On real property under his or her control.
[1994 sp.s. c 7 §423; 1971 c 34 § 1; 1909 c 249 § 308; 1883 p 67 § 1;RRS § 2560.]
NOTES:
Finding-- Intent-- Severability-- 1994 sp.s. c 7: See notes following RCW 43.70.540.
Effective date -- 1994 sp.s. c 7 §§ 401-410,413-416, 418-437, and 439-460: See note following
RCW 9.41.010.
RCW 9.41.250
Dangerous weapons e Penalty.
Every person who:
(1) Manufactures, sells, or disposes of or possesses any instrument or weapon of the kind usually
known as slung shot, sand club, or metal knuckles, or spring blade knife, or any knife the blade of which
is automatically released by a spring mechanism or other mechanical device, or any knife having a blade
which opens, or falls, or is ejected into position by the force of gravity, or by an outward, downward, or
centrifugal thrust or movement;
(2) Furtively carries with intent to conceal any dagger, dirk, pistol, or other dangerous weapon; or
(3) Uses any contrivance or device for suppressing the noise of any firearm,
is guilty of a gross misdemeanor punishable under chapter 9A.20 RCW.
[1994 sp.s.c 7§424; 1959 c 143§ 1; 1957 c 93 § 1; 1909 c 249§265; 1586 p 81 § 1;Code 1881 §929;RRS§2517.]
NOTES:
•
Finding-- Intent-- Severability-- 1994 sp.s. c 7: See notes following RCW 43.70.540.
Effective date -- 1994 sp.s. c 7 §§401-410, 413-416, 418-437, and 439-460: See note following
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RCW 9.41.010.
RCW 9.41.260
Dangerous exhibitions.
Every proprietor, lessee, or occupant of any place of amusement, or any plat of ground or building, who
allows it to be used for the exhibition of skill in throwing any sharp instrument or in shooting any bow
gun or firearm of any description, at or toward any human being, is guilty of a misdemeanor punishable
under chapter 9A.20 RCW.
[1994 sp.s.c 7 §425; 1909 c 249§ 283;RRS §2535.]
NOTES:
Finding-- Intent— Severability— 1994 sp.s. c 7: See notes following RCW 43.70.540. •
Effective date-- 1994 sp.s. c 7 §§ 401-410, 413-416, 418-437, and 439-460: See note following
R.CW 9.41.010.
Fireworks: Chapter 70.77 RCW.
RCW 9.41.270
Weapons apparently capable of producing bodily harm-- Unlawful carrying or handling--
Penalty-- Exceptions.
• (1) It shall be unlawful for any person to carry, exhibit, display, or draw any firearm, dagger, sword,
knife or other cutting or stabbing instrument, club, or any other weapon apparently capable of producing
bodily harm, in a manner, under circumstances, and at a time and place that either manifests an intent to
intimidate another or that warrants alarm for the safety of other persons.
(2) Any person violating the provisions of subsection (1) above shall be guilty of a gross
misdemeanor. If any person is convicted of a violation of subsection (1) of this section, the person shall
lose his or her concealed pistol license, if any. The court shall send notice of the revocation to the
department of licensing, and the city, town, or county which issued the license.
(3) Subsection (1) of this section shall not apply to or affect the following:
(a) Any act committed by a person while in his or her place of abode or fixed place of business;
(b) Any person who by virtue of his or her office or public employment is vested by law with a duty
to preserve public safety, maintain public order, or to make arrests for offenses, while in the
performance of such duty;
(c) Any person acting for the purpose of protecting himself or herself against the use of presently
threatened unlawful force by another, or for the purpose of protecting another against the use of such
unlawful force by a third person;
(d) Any person making or assisting in making a lawful arrest for the commission of a felony; or
(e)Any person engaged in military activities sponsored by the federal or state governments.
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[1994 sp.s.c 7§426; 1969c8§ 1.]
� NOTES:
Finding-- Intent— Severability— 1994 sp.s. c 7: See notes following RCW 43.70.540.
Effective date-- 1994 sp.s. c 7 §§ 401-410,413-416, 418-437, and 439-460: See note following
RCW 9.41.010.
RCW 9.41.280
Possessing dangerous weapons on school facilities-- Penalty-- Exceptions.
(1) It is unlawful for a person to carry onto, or to possess on, public or private elementary or secondary
school premises, school-provided transportation, or areas of facilities while being used exclusively by
public or private schools:
(a) Any firearm;
(b)Any other dangerous weapon as defined in RCW 9.41.250;
(c) Any device commonly known as "nun-chu-ka sticks", consisting of two or more lengths of wood,
metal, plastic, or similar substance connected with wire, rope, or other means;
(d) Any device, commonly known as "throwing stars", which are multi-pointed, metal objects
designed to embed upon impact from any aspect; or
(e) Any air gun, including any air pistol or air rifle, designed to propel a BB, pellet, or other
projectile by the discharge of compressed air, carbon dioxide, or other gas.
(2) Any such person violating subsection (1) of this section is guilty of a gross misdemeanor. if any
person is convicted of a violation of subsection(1)(a) of this section, the person shall have his or her
concealed pistol license, if any revoked for a period of three years. Anyone convicted under this
subsection is prohibited from applying for a concealed pistol license for a period of three years. The
court shall send notice of the revocation to the department of licensing, and the city, town, or county
which issued the license.
Any violation of subsection (1) of this section by elementary or secondary school students constitutes
grounds for expulsion from the state's public schools in accordance with RCW 28A.600.010. An
appropriate school authority shall promptly notify law enforcement and the student's parent or guardian
regarding any allegation or indication of such violation.
Upon the arrest of a person at least twelve years of age and not more than twenty-one years of age for
violating subsection (1)(a) of this section, the person shall be detained or confined in a juvenile or adult
facility for up to seventy-two hours. The person shall not be released within the seventy-two hours until
after the person has been examined and evaluated by the county-designated mental health professional
unless the court in its discretion releases the person sooner after a determination regarding probable
cause or on probation bond or bail.
Within twenty-four hours of the arrest, the arresting law enforcement agency shall refer the person to
the county-designated mental health professional for examination and evaluation under chapter 71.05 or
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71.34 i7CW and inform a parent or guardian of the person of the arrest, detention, and examination. The
county-designated mental health professional shall examine and evaluate the person subject to the
) provisions of chapter 71.05 or 71.34 RCW. The examination shall occur at the facility in which the
person is detained or confined. If the person has been released on probation, bond, or bail, the
examination shall occur wherever is appropriate.
The county-designated mental health professional may determine whether to refer the person to the
county-designated chemical dependency specialist for examination and evaluation in accordance with
chapter 70.96A RCW. The county-designated chemical dependency specialist shall examine the person
subject to the provisions of chapter 70.96A RCW. The examination shall occur at the facility in which
the person is detained or confined. If the person has been released on probation, bond, or bail, the
examination shall occur wherever is appropriate.
Upon completion of any examination by the county-designated mental health professional or the
•
county-designated chemical dependency specialist, the results of the examination shall be sent to the
court, and the court shall consider those results in making any determination about the person.
The county-designated mental health professional and county-designated chemical dependency
specialist shall, to the extent permitted by law, notify a parent or guardian of the person that an
examination and evaluation has taken place and the results of the examination. Nothing in this
subsection prohibits the delivery of additional, appropriate mental health examinations to the person
while the person is detained or confined.
If the county-designated mental health professional determines it is appropriate, the county-
designated mental health professional may refer the person to the local regional support network for
follow-up services or the department of social and health services or other community providers for
other services to the family and individual.
(3) Subsection (1) of this section does not apply to:
(a) Any student or employee of a private military academy when on the property of the academy;
(b) Any person engaged in military, law enforcement, or school district security activities;
(e) Any person who is involved in a convention, showing, demonstration, lecture, or firearms safety
course authorized by school authorities in which the firearms of collectors or instructors are handled or
displayed;
(d) Any person while the person is participating in a firearms or air gun competition approved by the
school or school district;
(e) Any person in possession of a pistol who has been issued a license under RCW 9.41.070, or is
exempt from the licensing requirement by RCW 9.41.060, while picking up or dropping off a student; •
(f) Any nonstudent at least eighteen years of age legally in possession of a firearm or dangerous
weapon that is secured within an attended vehicle or concealed from view within a locked unattended
vehicle while conducting legitimate business at the school;
(g) Any nonstudent at least eighteen years of age who is in lawful possession of an unloaded firearm,
secured in a vehicle while conducting legitimate business at the school; or
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(h) Any law enforcement officer of the federal, state, or local government agency.
(4) Subsections (1)(c) and (d) of this section do not apply to any person who possesses nun-chu-ka
sticks, throwing stars, or other dangerous weapons to be used in martial arts classes authorized to be
conducted on the school premises.
(5) Except as provided in subsection (3)(b), (c), (f), and (h) of this section, firearms are not permitted
in a public or private school building.
(6) "GUN-FREE ZONE" signs shall be posted around school facilities giving warning of the
prohibition of the possession of firearms on school grounds.
[1999 c 167 § 1; 1996 c 295 § 13; 1995 c 87§ 1; 1994 sp.s.c 7 §427; 1993 c 347§ 1; 1989 c 219§ 1; 1982 1st ex.s.c 47§
4.]
NOTES:
Finding-- Intent-- Severability-- 1994 sp.s. c 7: See notes following RCW 43.70.540.
Effective date-- 1994 sp.s. c 7 §§ 401-410, 413-416,418-437, and 439-460: See note following
RCW 9.41.010.
Severability-- 1.982 1st ex.s. c 47: See note following RCW 9.41.190.
RCW 9.41.290
State preemption.
The state of Washington hereby fully occupies and preempts the entire field of firearms regulation
within the boundaries of the state, including the registration, licensing, possession, purchase, sale,
acquisition, transfer, discharge, and transportation of firearms, or any other element relating to firearms
or parts thereof', including ammunition and reloader components. Cities, towns, and counties or other
municipalities may enact only those laws and ordinances relating to firearms that are specifically
authorized by state law, as in RCW 9.41.300, and are consistent with this chapter. Such local ordinances
shall have the same penalty as provided for by state law. Local laws and ordinances that are inconsistent
with, more restrictive than, or exceed the requirements of state law shall not be enacted and are
preempted and repealed, regardless of the nature of the code, charter, or home rule status of such city,
town, county, or municipality.
[1994 sp.s.c 7 §428; 1985 c 428§ 1; 1983 c 232§ 12.]
NOTES:
•
Finding— Intent-- Severability-- 1994 sp.s. c 7: See notes following RCW 43.70.540.
Effective date-- 1994 sp.s. c 7 §§ 401-410, 413-416,418-437, and 439-460: See note following
RCW 9.41.010.
Severability-- 1985 c 428: "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." [1985 c 428 § 6.]
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RCW 9 . 41 CHAPTER Page 41 of 45
•
Application -- 1983 c 232 § 12: "Section 12 of this act shall not apply to any offense committed
__\ prior to July 24, 1983." [1983 c 232 § 13.]
Severability-- 1983 c 232: See note following RCW 9.41.010.
RCW 9.41.300
Weapons prohibited in certain places-- Local laws and ordinances-- Exceptions -- Penalty.
*** CHANGE IN 2004 *** (SEE 2473.SL) ***
*** CHANGE IN 2004 *** (SEE 6389-S.SL) ***
(1) It is unlawful for any person to enter the following places when he or she knowingly possesses or
knowingly has under his or her control a weapon: •
(a) The restricted access areas of a jail, or of a law enforcement facility, or any place used for the
confinement of a person(i) arrested for, charged with, or convicted of an offense, (ii) held for
extradition or as a material witness, or (iii) otherwise confined pursuant to an order of a court, except an
order under chapter 13.32A or 13.34 RCW. Restricted access areas do not include common areas of
egress or ingress open to the general public;
(b) Those areas in any building which are used in connection with court proceedings, including
courtrooms,jury rooms,judge's chambers, offices and areas used to conduct court business, waiting
areas, and corridors adjacent to areas used in connection with court proceedings. The restricted areas do
�.. not include common areas of ingress and egress to the building that is used in connection with court
proceedings, when it is possible to protect court areas without restricting ingress and egress to the
building. The restricted areas shall be the minimum necessary to fulfill the objective of this subsection
(1)(b).
In addition, the local legislative authority shall provide either a stationary locked box sufficient in
size for pistols and key to a weapon owner for weapon storage, or shall designate an official to receive
weapons for safekeeping, during the owner's visit to restricted areas of the building. The locked box or
designated official shall be located within the same building used in connection with court proceedings.
The local legislative authority shall be liable for any negligence causing damage to or loss of a weapon
either placed in a locked box or left with an official during the owner's visit to restricted areas of the
building.
The local judicial authority shall designate and clearly mark those areas where weapons are
prohibited, and shall post notices at each entrance to the building of the prohibition against weapons in
the restricted areas;
(c) The restricted access areas of a public mental health facility certified by the department of social
and health services for inpatient hospital care and state institutions for the care of the mentally ill,
excluding those facilities solely for evaluation and treatment. Restricted access areas do not include
common areas of egress and ingress open to the general public; or
(d)That portion of an establishment classified by the state liquor control board as off-limits to
persons under twenty-one years of age.
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(2) Cities, towns, counties, and other municipalities may enact laws and ordinances:
(a) Restricting the discharge of firearms in any portion of their respective jurisdictions where there is
a reasonable likelihood that humans, domestic animals, or property will be jeopardized. Such laws and
ordinances shall not abridge the right of the individual guaranteed by Article 1, section 24 of the state
Constitution to bear arms in defense of self or others; and
(b) Restricting the possession of firearms in any stadium or convention center, operated by a city,
town, county, or other municipality, except that such restrictions shall not apply to:
(i) Any pistol in the possession of a person licensed under RCW 9.41.070 or exempt from the
licensing requirement by RCW 9.41.060; or
(ii) Any showing, demonstration, or lecture involving the exhibition of firearms.
(3)(a) Cities, towns, and counties may enact ordinances restricting the areas in their respective
jurisdictions in which firearms may be sold, but, except as provided in (b) of this subsection, a business
selling firearms may not be treated more restrictively than other businesses located within the same
zone. An ordinance requiring the cessation of business within a zone shall not have a shorter grandfather
period for businesses selling firearms than for any other businesses within the zone.
(b) Cities, towns, and counties may restrict the location of a business selling firearms to not less than
five hundred feet from primary or secondary school grounds, if the business has a storefront, has hours
during which it is open for business, and posts advertisements or signs observable to passersby that
firearms are available for sale. A business selling firearms that exists as of the date a restriction is
enacted under this subsection (3)(b) shall be grandfathered according to existing law.
(4)Violations of local ordinances adopted under subsection (2) of this section must have the same
penalty as provided for by state law.
(5)The perimeter of the premises of any specific location covered by subsection(1) of this section
shall be posted at reasonable intervals to alert the public as to the existence of any law restricting the
possession of firearms on the premises.
(6) Subsection (I) of this section does not apply to:
(a) A person engaged in military activities sponsored by the federal or state governments; while
engaged in official duties;
(b) Law enforcement personnel; or
(c) Security personnel while engaged in official duties.
(7) Subsection (1)(a) of this section does not apply to a person licensed pursuant to RCW 9.41.070
who, upon entering the place or facility, directly and promptly proceeds to the administrator of the
facility or the administrator's designee and obtains written permission to possess the firearm while on the
premises or checks his or her firearm. The person may reclaim the firearms upon leaving but must
immediately and directly depart from the place or facility.
(8) Subsection(1)(c) of this section does not apply to any administrator or employee of the facility or
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to any person who. upon entering the place or facility, directly and promptly proceeds to the
administrator of the facility or the administrator's designee and obtains written permission to possess the
fireanri while on the premises.
(9) Subsection (1)(d) of this section does not apply to the proprietor of the premises or his or her
employees while engaged in their employment.
(I 0) Any person violating subsection (1) of this section is guilty of a gross misdemeanor.
(11) "Weapon" as used in this section means any firearm, explosive as defined in RCW 70.74.010, or
instrument or weapon listed in R.CW 9.41 .250-
11994sp.s. c7 § 429; 1993c396 § I; 1985c.428 2•1
NOTES:
Finding-- Intent-- evcrahility-- 1994 sp.s. c 7: See notes following RCW 4170-540.
•
Effective date — 1994 sp.s. c 7 §§ 401-410, 413-416,418-437, and 439-460: See note following
RCW 9.41,010.
Severability-- 1985 c 428: See note following RCW 9-41.290.
•,� RCW 9.41.310 •
l\--1 Information pamphlet.
After a public headng, the department of fish and wildlife shall publish a pamphlet on firearms safety
and the legal limits of the use of firearms. The pamphlet shall include current information on firearms
laws and regulations and state preemption of local firearms laws. This pamphlet may be used in the
department's hunter safety education program and shall be provided to the department of licensing for
distribution to fu-eaims dealers and persons authorized to issue concealed pistol licenses. The department
of fish and wildlife shall reimburse the department of licensing for costs associated with distribution of
the pamphlet.
[1994 c 264 * 2; 1988 c 36 § 4; 1985 c428 § 5.]
NOTES
Scvcrability-- 1985 c 428: See note following RCW .41_2.90.
RCW 9.41.320
Fireworks.
Nothing in this chapter shall prohibit the possession, sale, or use of fireworks when possessed, sold, or
used in compliance with chapter 70.77 RCW.
•
[1594 c 133 § 161
•
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RCW 9 . 41 CHAPTER Page 44 of 45
NOTES:
Severability-- Effective date — 1994 c 133: See notes following RCW 70.77.146.
RCW 9.41.800
Surrender of weapons or licenses-- Prohibition on future possession or licensing.
(1) Any court when entering an order authorized under RCW 9A.46.080, 10.14.080, 10.99.040,
10.99.045, 26.09.050, 26.09.060, 26.10.040, 26.10.115, 26.26.130, 26.50.060, 26.50.070, or 26.26.590
shall, upon a showing by clear and convincing evidence, that a party has: Used, displayed, or threatened
to use a firearm or other dangerous weapon in a felony, or previously committed any offense that makes
him or her ineligible to possess a firearm under the provisions of RCW 9.41.040:
(a) Require the party to surrender any firearm or other dangerous weapon;
(b) Require the party to surrender any concealed pistol license issued under RCW 9.41.070;
(c) Prohibit the party from obtaining or possessing a firearm or other dangerous weapon;
(d) Prohibit the party from obtaining or possessing a concealed pistol license.
(2)Any court when entering an order authorized under RCW 9A.46.080, 10.14.080, 10.99.040,
10.99.045, 26.09.050, 26.09.060, 26.10.040, 26.10.115, 26.26.130, 26.50.060, 26.50.070, or 26.26.590
may, upon a showing by a preponderance of the evidence but not by clear and convincing evidence, that
a party has: Used, displayed, or threatened to use a firearm or other dangerous weapon in a felony, or
previously committed any offense that makes him or her ineligible to possess a pistol under the
provisions of RCW 9.41.040:
(a) Require the party to surrender any firearm or other dangerous weapon;
(b) Require the party to surrender a concealed pistol license issued under RCW 9.41.070;
(c) Prohibit the party from obtaining or possessing a firearm or other dangerous weapon;
(d) Prohibit the party from obtaining or possessing a concealed pistol license.
(3) The court may order temporary surrender of a firearm or other dangerous weapon without notice
to the other party if it funds, on the basis of the moving affidavit or other evidence, that irreparable injury
could result if an order is not issued until the time for response has elapsed.
(4) In addition to the provisions of subsections (1), (2), and (3) of this section, the court may enter an
order requiring a party to comply with the provisions in subsection (1) of this section if it finds that the
possession of a firearm or other dangerous weapon by any party presents a serious and imminent threat
to public health or safety, or to the health or safety of any individual.
(5) The requirements of subsections (1), (2), and (4) of this section may be for a period of time less
than the duration of the order.
(6) The court may require the party to surrender any firearm or other dangerous weapon in his or her
immediate possession or control or subject to his or her immediate possession or control to the sheriff of
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the county having jurisdiction of the proceeding, the chief of police of the municipality having
jurisdiction, or to the restrained or enjoined party's counsel or to any person designated by the court.
- � [2002 c 302 § 704; 1996 c 295 § 14; 1994 sp.s.c 7 §430.]
NOTES:
Application -- Construction -- Short title-- Severability-- 2002 c 302: See RCW 26.26.903,
26.26.911, and 26.26.912.
Finding-- Intent-- Severability-- 1994 sp.s. c 7: See notes following RCW 43.70.540.
Effective date-- 1994 sp.s. c 7 §§ 401-410, 413-416, 418-437, and 439-460: See note following
RCW 9.41.010.
RCW 9.41.810
Penalty.
Any violation of any provision of this chapter, except as otherwise provided, shall be a misdemeanor
and punishable accordingly.
[1984 c 258 §312; 1983 c 232 § 11; 1983 c 3 § 7; 1961 c 124§ 12; 1935 c 172 § 16; RRS§2516-16.Formerly RCW
9.41.160.]
NOTES:
Court Improvement Act of 1984 -- Effective dates -- Severability-- Short title -- 1984 c 258: See
notes following RCW 3.30.010.
Intent-- 1984 c 258: See note following RCW 3.46.120.
Severability-- 1983 c 232: See note following RCW 9.41.010.
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RCW 9 . 86 CHAPTER Page 1 of 3
Chapter 9.86 RCW
FLAGS, CRIMES RELATING TO
RCW SECTIONS
9.86.010 "Flag," etc., defined.
9.86.020 improper use of flag prohibited.
9.86.030 Desecration of flag.
9.86.040 Application of provisions.
9.86.050 Penalty.
NOTES:
Display of flags: RCW 1.20.015.
Flag exercises in schools: RCW 28A.230.140.
State flag: RCW 1.20.010.
RCW 9.86.01.0
"Flag," etc., defined.
'' The words flag, standard, color, ensign or shield, as used in this chapter, shall include any flag, standard,
color, ensign or shield, or copy,picture or representation thereof, made of any substance or represented
or produced thereon, and of any size, evidently purporting to be such flag, standard, color, ensign or
shield of the United States or of this state, or a copy, picture or representation thereof.
[1919c 107 § 1;RRS §2675-1.]
RCVV 9.86.020
Improper use of flag prohibited. (Effective until July I, 2004.)
No person shall, in any manner, for exhibition or display:
(1) Place or cause to be placed any word, figure, mark, picture, design, drawing or advertisement of
any nature upon any flag, standard, color, ensign or shield of the United States or of this state, or
authorized by any law of the United States or of this state; or
(2) Expose to public view any such flag, standard, color, ensign or shield upon which shall have been
printed, painted or otherwise produced, or to which shall have been attached, appended, affixed or
annexed any such word, figure, mark, picture, design, drawing or advertisement; or
(3) Expose to public view for sale, manufacture, or otherwise, or to sell, give, or have in possession
for sale, for gift or for use for any purpose, any substance,being an article of merchandise, or receptacle,
or thing for holding or carrying merchandise, upon or to which shall have been produced or attached any
such flag, standard, color, ensign or shield, in order to advertise, call attention to, decorate, mark or
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RCW 9 . 86 CHAPTER Page 2 of 3
distinguish such article or substance.
[1919 c 107 §2; 1909 c 249§ 423; 1901 e 154§ 1;RRS §2675-2.]
RCW 9.86.020
Improper use of flag prohibited. (Effective July 1, 2004.)
(1)No person shall, in any manner, for exhibition or display:
(a) Place or cause to be placed any word, figure, mark, picture, design, drawing or advertisement of
any nature upon any flag, standard, color, ensign or shield of the United States or of this state, or
authorized by any law of the United States or of this state; or
(b) Expose to public view any such flag, standard, color, ensign or shield upon which shall have been
printed,painted or otherwise produced, or to which shall have been attached, appended, affixed or
annexed any such word, figure, mark, picture, design, drawing or advertisement; or
(c) Expose to public view for sale, manufacture, or otherwise, or to sell, give, or have in possession
for sale, for gift or for use for any purpose, any substance, being an article of merchandise, or receptacle,
or thing for holding or carrying merchandise, upon or to which shall have been produced or attached any
such flag, standard, color, ensign or shield, in order to advertise, call attention to, decorate, mark or
distinguish such article or substance.
(2) A violation of this section is a gross misdemeanor.
i" 1 [2003 e 53 §47; 1919 c 107 §2; 1909 c 249§ 423; 1901 c 154 § 1;RRS §2675-2.]
NOTES:
Intent-- Effective date -- 2003 c 53: See notes following RCW 2.48.180.
RCW 9.86.030
Desecration of flag. (Effective until July 1, 2004.)
No person shall knowingly cast contempt upon any flag, standard, color, ensign or shield, as defined in
RCW 9.86 O10, by publicly mutilating, defacing, defiling, burning, or trampling upon said flag,
standard, color, ensign or shield.
[1969 ex.s.c 1 10§ 1; 1919 a 107§3; 1909 c 249§423;RRS § 2675-3.]
RCW 9.86.030
Desecration of flag. (Effective July I, 2004.)
(1)No person shall knowingly cast contempt upon any flag, standard, color, ensign or shield, as defined
in RCW 9.86.010, by publicly mutilating, defacing, defiling,burning, or trampling upon the flag,
standard, color, ensign or shield.
(2) A violation of this section is a dross misdemeanor.
[2003 c 53 §48; 1969 ex.s.c 110§ 1; 1919 c 107§ 3; 1909 c 249§423; RRS §2675-3.]
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RCW 9 . 86 CHAPTER Page 3 of 3
NOTES:
Intent— Effective date--2003 c 53: See notes following RCW 2.48.180.
RCW 9.86.040
Application of provisions.
This chapter shall not apply to any act permitted by the statutes of the United States or of this state, or
by the United States army and navy regulations, nor shall it apply to any printed or written document or
production, stationery, ornament, picture or jewelry whereon shall be depicted said flag, standard, color,
ensign or shield with no design or words thereon and disconnected with any advertisement.
[1919 c 107§4; RRS §2675-41
RCW 9.86.050
Penalty. (Effective until July 1, 2004.)
Any violation of this chapter shall be a gross misdemeanor.
[1919c107 § 5;R.RS §2675-5.]
•
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RCW 9.45.060
Encumbered, leased, or rented personal property-- Construction.
Every person being in possession thereof, who shall sell, remove, conceal, convert to his
own use, or destroy or connive at or consent to the sale, removal, conversion, concealment
or destruction of any personal property or any part thereof, upon which a security
agreement, mortgage, lien, conditional sales contract, rental agreement, or lease exists,
with intent to hinder, delay, or defraud the secured party of such security agreement, or the
holder of such mortgage, lien, or conditional sales contract or the lessor under such lease
or rentor of[under] such rental agreement, or any assignee of such security agreement,
mortgage, lien, conditional sales contract, rental agreement or lease shall be guilty of a
gross misdemeanor.
In any prosecution under this section any allegation containing a description of the
security agreement, mortgage, lien, conditional sales contract, rental agreement, or lease
by reference to the date thereof and names of the parties thereto, shall be sufficiently
definite and certain.
The provisions of this section shall be cumulative and nonexclusive and shall not affect
any other criminal provision.
[1971 c 61 § 1; 1965 ex.s.c 109§ 1; 1909 c 249 § 377;RRS § 2629.]
NOTES:
Destruction or removal of fixtures, etc., from mortgaged real property: RCW 61.12.030.
Larceny, sale of mortgaged property: Chapter 9A.56 RCW.
•
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RCW 9.45.070
Mock auctions.
Every person who shall obtain any money or property from another or shall obtain the
signature of another to any writing the false making of which would be forgery, by color
or aid of any false or fraudulent sale of property or pretended sale of property by auction,
or by any of the practices known as mock auction, shall be punished by imprisonment in a
state correctional facility for not more than five years or in the county jail for not more
than one year, or by a fine of not more than one thousand dollars, or by both fine and
imprisonment.
Every person who shall buy or sell or pretend to buy or sell any goods, wares or
merchandise, exposed to sale by auction, if an actual sale, purchase and change of
ownership therein does not thereupon take place, shall be guilty of a misdemeanor.
[1992 c 7§ 10; 1909 c 249§378; RRS §2630.]
NOTES:
Auctioneering without license: RCW 36.71.070.
Auctioneers: Chapter 18.11 RCW.
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RCW 9.45.080
Fraudulent removal of property.
Every person who, with intent to defraud a prior or subsequent purchaser thereof, or
prevent any of his property being made liable for the payment of any of his debts, or levied
upon by an execution or warrant of attachment, shall remove any of his property, or
secrete, assign, convey or otherwise dispose of the same, or with intent to defraud a
creditor shall remove, secrete, assign, convey or otherwise dispose of any of his books or
accounts, vouchers or writings in any way relating to his business affairs, or destroy,
obliterate, alter or erase any of such books of account, accounts, vouchers or writing or any
entry, memorandum or minute therein contained, shall be guilty of a gross misdemeanor.
[1909 c 249 y 379; RRS §2631.]
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Pagel oft
RCW 9.45.090
Knowingly receiving fraudulent conveyance.
Every person who shall receive any property or conveyance thereof from another, knowing
that the same is transferred or delivered to him in violation of, or with the intent to violate
RCW 9.45.080, shall be guilty of a misdemeanor.
[1909 c 249 §380;RRS§2632.]
•
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RCW 9.45.100
Fraud in assignment for benefit of creditors.
Every person who, having made, or being about to make, a general assignment of his
property to pay his debts, shall by color or aid of any false or fraudulent representation,
pretense, token or writing induce any creditor to participate in the benefits of such
assignments, or to give any release or discharge of his claim or any part thereof, or shall
connive at the payment in whole or in part of any false, fraudulent or fictitious claim, shall
be guilty of a gross misdemeanor.
[1909 c 249§381; RRS§2633.)
NOTES:
Assignment for benefit of creditors: Chapter 7.08 RCW.
Banks and trust companies, preferential transfers: RCW 30.44.110.
Mutual savings banks, transfer of assets due to insolvency: RCW 32.24.080.
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RCW 9A.60.01.0
Definitions.
The following definitions and the definitions of RCW 9A.56.O10 are applicable in this
chapter unless the context otherwise requires:
(1) "Written instrument" means: (a) Any paper, document, or other instrument
containing written or printed matter or its equivalent; or(b) any access device, token,
stamp, seal,badge, trademark, or other evidence or symbol of value, right, privilege, or
identification;
(2) "Complete written instrument" means one which is fully drawn with respect to
every essential feature thereof;
(3) "incomplete written instrument" means one which contains some matter by way of
content or authentication but which requires additional matter in order to render it a
complete written instrument;
(4)To "falsely make" a written instrument means to make or draw a complete or
incomplete written instrument which purports to be authentic, but which is not authentic
either because the ostensible maker is fictitious or because, if real, he did not authorize the
making or drawing thereof;
(5) To "falsely complete" a written instrument means to transform an incomplete
written instrument into a complete one by adding or inserting matter, without the authority
of anyone entitled to grant it;
(6)To "falsely alter" a written instrument means to change, without authorization by
anyone entitled to p-ant it, a written instrument, whether complete or incomplete, by
means of erasure, obliteration, deletion, insertion of new matter, transposition of matter, or
in any other manner;
(7) "Forged instrument" means a written instrument which has been falsely made,
completed, or altered.
[1999 c 143 §38; 1987 c 140§ 5; 1975-'76 2nd ex.s.c 38 § 12; 1975 1st ex.s.c 260§9A.60.010.1
NOTES:
Effective date—Severability-- 1975-'76 2nd ex.s. c 38: See notes following RCW
9A.08.020.
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RCW 9A.60.040
Criminal impersonation. (Effective until July 1, 2004.)
(1) A person is guilty of criminal impersonation in the first degree if the person:
( ) P' 1� y P' bn'� p
(a) Assumes a false identity and does an act in his or her assumed character with intent
to defraud another or for any other unlawful purpose; or
(b) Pretends to be a representative of some person or organization or a public servant
and does an act in his or her pretended capacity with intent to defraud another or for any
other unlawful purpose.
(2) Criminal impersonation in the first degree is a gross misdemeanor.
(3) A person is guilty of criminal impersonation in the second degree if the person:
(a) Claims to be a law enforcement officer or creates an impression that he or she is a
law enforcement officer; and
(b) Under circumstances not amounting to criminal impersonation in the first degree,
does an act with intent to convey the impression that he or she is acting in an official
capacity and a reasonable person would believe the person is a law enforcement officer.
(4) Criminal impersonation in the second degree is a misdemeanor.
j [1993 c 457§ 1; 1975 1st ex.s.c 260§9A.60.040.]
RCW 9A.60.040
Criminal impersonation in the first degree. (Effective July.1, 2004.)
(1)A person is guilty of criminal impersonation in the first degree if the person:
(a) Assumes a false identity and does an act in his or her assumed character with intent
to defraud another or for any other unlawful purpose; or
(b) Pretends to be a representative of some person or organization or a public servant
and does an act in his or her pretended capacity with intent to defraud another or for any
other unlawful purpose.
(2) Criminal impersonation in the first degree is a gross misdemeanor.
[2003 c 53 § 78; 1993 c 457§ 1; 1975 1st ex.s.c 260§ 9A.60.040.1
NOTES:
Intent-- Effective date — 2003 c 53: See notes following RCW 2.48.180.
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RCW 9A.60.050
False certification.
(1) A person is guilty of false certification, if, being an officer authorized to take a proof or
acknowledgment of an instrument which by law may be recorded, he knowingly certifies
falsely that the execution of such instrument was acknowledged by any party thereto or
that the execution thereof was proved.
(2) False certification is a gross misdemeanor.
(1975-'76 2nd ex.s. c 38 § 15; 1975 1st cx.s. c 260§ 9A.60.050.]
NOTES:
Effective date--Severability-- 1975-'76 2nd ex.s. c 38: See notes following RCW
9A.08.020.
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RCW 9A.61.010
Definitions.
The definitions set forth in this section apply throughout this chapter.
(1) "Customer" means the person in whose name a utility service is provided.
(2) "Divert" means to change the intended course or path of electricity, gas, or water
without the authorization or consent of the utility.
(3) "Person" means an individual, partnership, firm, association, or corporation or
government agency.
(4) "Reconnection" means the commencement of utility service to a customer or other
person after service has been lawfully disconnected by the utility.
(5) "Tamper" means to rearrange, injure, alter, interfere with, or otherwise prevent from
performing the normal or customary function.
(6) "Utility" means an electrical company, gas company, or water company as those
terms are defined in RCW 80.04.010, and includes an electrical, gas, or water system
operated by a public agency.
(7) "Utility service" means the provision of electricity, gas, water, or any other service
or commodity furnished by the utility for compensation.
[1989 c 109§ 1."
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RCW 9A.61.020
Defrauding a public utility.
"Defrauding a public utility" means to commit, authorize, solicit, aid, abet, or attempt to:
(1)Divert, or cause to be diverted, utility services by any means whatsoever;
(2)Make, or cause to be made, a connection or reconnection with property owned or
used by the utility to provide utility service without the authorization or consent of the
utility;
(3) Prevent a utility meter or other device used in determining the charge for utility
services from accurately performing its measuring function by tampering or by any other
means;
(4) Tamper with property owned or used by the utility to provide utility services; or
(5) Use or receive the direct benefit of all or a portion of the utility service with
knowledge of, or reason to believe that, the diversion, tampering, or unauthorized
connection existed at the time of the use or that the use or receipt was without the
authorization or consent of the utility.
[1989c109 §2.]
•
•
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RCW 9A.61.050
Defrauding a public utility in the third degree.
(1) A person is guilty of defrauding a public utility in the third degree if:
(a) The utility service diverted or used is five hundred dollars or less in value; or
(b) A connection or reconnection has occurred without authorization or consent of the
utility.
(2) Defrauding a public utility in the third degree is a gross misdemeanor.
[1989c I49§5.]
. 1
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RCW 9A.61.060
Restitution and costs.
In any prosecution under this section, the court may require restitution from the defendant
as provided by chapter 9A.20 RCW, plus court costs plus the costs incurred by the utility
on account of the bypassing, tampering, or unauthorized reconnection, including but not
limited to costs and expenses for investigation, disconnection, reconnection, service calls,
and expert witnesses.
•
(1989c109§ 6.]
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RCW 9.26A.1.10
Fraud in obtaining telecommunications service-- Penalty. (Effective until July 1,
2004.)
(1) Every person who, with intent to evade the provisions of any order or rule of the
Washington utilities and transportation commission or of any tariff, price list, contract, or
any other filing lawfully submitted to said commission by any telephone, telegraph, or
telecommunications company, or with intent to defraud, obtains telephone, telegraph, or
telecommunications service from any telephone, telegraph, or telecommunications
company through: (a) The use of a false or fictitious name or telephone number; (b) the
unauthorized use of the name or telephone number of another; (c) the physical or
electronic installation of, rearrangement of, or tampering with any equipment, or use of a
telecommunications device; (d) the commission of computer trespass; or(e) any other
trick, deceit, or fraudulent device, shall be guilty of a misdemeanor. If the value of the
telephone, telegraph, or telecommunications service that any person obtains in violation of
this section during a period of ninety days exceeds:
(a) Fifty dollars in the aggregate, then such person shall be guilty of a gross
misdemeanor;
(b) Two hundred fifty dollars in the aggregate, then such person shall be guilty of a
class C felony.
However, for any act that constitutes a violation of both this subsection and subsection
(2) of this section the provisions of subsection(2) of this section shall be exclusive.
(2) Every person who:
(a) Makes, possesses, sells, gives, or otherwise transfers to another a
telecommunications device with intent to use it or with knowledge or reason to believe it is
intended to be used to avoid any lawful telephone or telegraph toll charge or to conceal the
existence or place of origin or destination of any telephone or telegraph message; or
(b) Sells, gives, or otherwise transfers to another plans or instructions for making or
assembling a telecommunications device described in subparagraph (a) of this subsection
with knowledge or reason to believe that the plans may be used to make or assemble such
device
shall be guilty of a felony.
[1990 c 11 § 2; 1981 c 252§ l; 1977 ex.s.c 42§ 1; 1974 ex.s.c 160§2; 1972 ex.s. c 75 § l; 1955 c 114 § 1.
Formerly R.CW 9.45.240.]
NOTES:
Injunctive relief for violations: RCW 7.40.230.
RCW 9.26A.110
Fraud in obtaining telecommunications service— Penalty. (Effective July 1, 2004.)
(1) Every person who, with intent to evade the provisions of any order or rule of the
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Washington utilities and transportation commission or of any tariff, price list, contract, or
any other filing lawfully submitted to the commission by any telephone, telegraph, or
r -1 telecommunications company, or with intent to defraud, obtains telephone, telegraph, or
telecommunications service from any telephone, telegraph, or telecommunications
company through: (a) The use of a false or fictitious name or telephone number; (b) the
unauthorized use of the name or telephone number of another; (c) the physical or
electronic installation of, rearrangement of, or tampering with any equipment, or use of a
telecommunications device; (d) the commission of computer trespass; or(e) any other
trick, deceit, or fraudulent device, is guilty of a misdemeanor.
(2) If the value of the telephone, telegraph, or telecommunications service that any
person obtains in violation of this section during a period of ninety days exceeds fifty
dollars in the aggregate, then such person is guilty of a gross misdemeanor.
(3) If the value of the telephone, telegraph, or telecommunications service that any
person obtains in violation of this section during a period of ninety days exceeds two
hundred fifty dollars in the aggregate, then such person is guilty of a class C felony
punishable according to chapter 9A.20 RCW.
(4) For any act that constitutes a violation of both this section and RCW 9.26A.115 the
provisions of RCW 9.26A.115 shall be exclusive.
[2003 c 53 § 20; 1990 c 11 § 2; 1981 c 252§ 1; 1977 ex.s. c 42 § 1; 1974 ex.s. c 160§ 2; 1972 ex.s. c 75§ 1;
1955 c 114§ 1.Formerly RCW 9.45.240.]
NOTES:
Intent-- Effective date-- 2003 c 53: See notes following RCW 2.48.180.
Injunctive relief for violations: RCW 7.40.230.
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RCW 9.46.190
Violations relating to fraud or deceit.
Any person or association or organization operating any gambling activity who or which,
directly or indirectly, shall in the course of such operation:
(1) Employ any device, scheme, or artifice to defraud; or
(2) Make any untrue statement of a material fact, or omit to state a material fact
necessary in order to make the statement made not misleading, in the light of the
circumstances under which said statement is made; or
(3) Engage in any act, practice or course of operation as would operate as a fraud or
deceit upon any person;
Shall be guilty of a gross misdemeanor subject to the penalty set forth in RCW
9A.20.021.
•
[1991 c 261 § 7; 1977 ex.s.c 326§ 10; 1973 1st ex.s.c 218 § 19.1
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RCW 9.46.193
Cities and towns -- Ordinance adopting certain sections of chapter-- Jurisdiction of
courts.
District courts operating under the provisions of chapters 3.30 through 3.74 RCW, except
municipal departments of such courts operating under chapter 3.46 RCW and municipal
courts operating under chapter 3.50 RCW, shall have concurrent jurisdiction with the
superior court to hear, try, and determine misdemeanor and gross misdemeanor violations
of this chapter and violations of any ordinance passed under authority of this chapter by
any city or town.
Municipal courts operating under chapters 35.20 or 3.50 RCW and municipal
departments of the district court operating under chapter 3.46 RCW, shall have concurrent
jurisdiction with the superior court to hear, try, and determine violations of any ordinance
passed under authority of this chapter by the city or town in which the court is located.
Notwithstanding any other provision of law, each of these courts shall have the
jurisdiction and power to impose up to the maximum penalties provided for the violation
of the ordinances adopted under the authority of this chapter. Review of the judgments of
these courts shall be as provided in other criminal actions.
[1977 cx.s.c 326§ 12.]
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RCW 9.46.195
Obstruction of public servant-- Penalty.
No person shall intentionally obstruct or attempt to obstruct a public servant in the
administration or enforcement of this chapter by using or threatening to use physical force
or by means of any unlawful act. Any person who violates this section shall be guilty of a
misdemeanor.
[1974 ex.s.c 155 t 11; 1974 ex.s.c 1.35 § H.]
NOTES:
Severability-- 1974 ex.s. c 155: See note following RCW 9.46.010.
•
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RCW 9.46.196
Cheating-- Defined.
"Cheating," as used in this chapter, means to:
(1) Employ or attempt to employ any device, scheme, or artifice to defraud any other
participant or any operator;
(OEngage in any act, practice, or course of operation as would operate as a fraud or
decei upon any other participant or any operator;
(3) Engage in any act, practice, or course of operation while participating in a gambling
activity with the intent of cheating any other participant or the operator to gain an
advantage in the game over the other participant or operator; or
(4) Cause, aid, abet, or conspire with another person to cause any other person to
violate subsections (1) through (3) of this section.
[2002 c 253 § 1; 1991 c 261 § 8; 1977 ex.s.c 326§ 13.]
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RCW 9.46.1962
Cheating in the second degree.
(1) A person is guilty of cheating in the second degree if he or she engages in cheating and
his or her conduct does not constitute cheating in the first degree.
j'Cheating in the second degree is a gross misdemeanor subject to the penalty set
forth in RCW 9A.20.021.
[2002 c 253 §3.]
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RCW 9.46.198
Working in gambling activity without license as violation-- Penalty.
Any person who works as an employee or agent or in a similar capacity for another person
in connection with the operation of an activity for which a license is required under this
chapter or by commission rule without having obtained the applicable license required by
the commission under RCW 9.46.070(17) shall be guilty of a gross misdemeanor and
shall, upon conviction, be punished by not more than one year in the county jail or a fine
of not more than five thousand dollars, or both.
[1999 c 143 § 7; 1977 cx.s.c 326§ 14.1
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• RCW 9.46.210
Enforcement-- Commission as a law enforcement agency.
(1) It shall be the duty of all peace officers, law enforcement officers, and law enforcement
agencies within this state to investigate, enforce, and prosecute all violations of this
chapter.
(2) In addition to the authority granted by subsection (1) of this section law
enforcement agencies of cities and counties shall investigate and report to the commission
all violations of the provisions of this chapter and of the rules of the commission found by
them and shall assist the commission in any of its investigations and proceedings
respecting any such violations. Such law enforcement agencies shall not be deemed agents
of the commission.
(3) In addition to its other powers and duties, the commission shall have the power to
enforce the penal provisions of*chapter 218, Laws of 1973 1st ex. sess. and as it may be
amended, and the penal laws of this state relating to the conduct of or participation in
gambling activities and the manufacturing, importation, transportation, distribution,
possession, and sale of equipment or paraphernalia used or for use in connection therewith.
The director, the deputy director, both assistant directors, and each of the commission's
investigators, enforcement officers, and inspectors shall have the power, under the
supervision of the commission, to enforce the penal provisions of*chapter 218, Laws of
1973 1st ex. sess. and as it may be amended, and the penal laws of this state relating to the
conduct of or participation in gambling activities and the manufacturing, importation,
f transportation, distribution, possession, and sale of equipment or paraphernalia used or for
use in connection therewith. They shall have the power and authority to apply for and
execute all warrants and serve process of law issued by the courts in enforcing the penal
provisions of*chapter 218, Laws of 1973 1st ex. sess. and as it may be amended, and the
penal laws of this state relating to the conduct of or participation in gambling activities and
the manufacturing, importation, transportation, distribution, possession, and sale of
equipment or paraphernalia used or for use in connection therewith. They shall have the
power to arrest without a warrant, any person or persons found in the act of violating any
of the penal provisions of*chapter 218, Laws of 1973 1st ex. sess. and as it may be
amended, and the penal laws of this state relating to the conduct of or participation in
gambling activities and the manufacturing, importation, transportation, distribution,
possession, and sale of equipment or paraphernalia used or for use in connection therewith.
To the extent set forth above, the commission shall be a law enforcement agency of this
state with the power to investigate for violations of and to enforce the provisions of this
chapter, as now law or hereafter amended, and to obtain information from and provide
information to all other law enforcement agencies.
(4) Criminal history record information that includes nonconviction data, as defined in
RCW 10.97.030, may be disseminated by a criminal justice agency to the Washington
state gambling commission for any purpose associated with die investigation for suitability
for involvement in gambling activities authorized under this chapter. The Washington state
gambling commission shall only disseminate nonconviction data obtained under this
i section to criminal justice agencies.
[2000 c 46 § 1; 1981 c 139 § 11; 1977 ex.s.c 326* 15; 1975 1st ex.s.c 166' 10; 1974 ex.s. c 155 § 9; 1974
ex.s. c 135 §9; 1973 1st ex.s.c 218 § 21.]
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NOTES:
*Reviser's note: 1973 1st ex.s. c 218 consisted entirely of chapter 9.46 RCW and the
repeal of various former laws regulating gambling.
Severability-- 1981 c 139: See note following RCW 9.46.070.
Severability-- 1975 l st ex.s. c 166: See note following RCW 9.46.090.
Severability-- 1974 ex.s. c 155: See note following RCW 9.46.010.
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RCW 9.46.217
Gambling records — Penalty-- Exceptions.
■
Whoever knowingly prints, makes, possesses, stores, or transports any gambling record, or
buys, sells, offers, or solicits any interest therein, whether through an agent or employee or
otherwise, is guilty of a gross misdemeanor. However, this section does not apply to
records relating to and kept for activities authorized by this chapter when the records are of
the type and kind traditionally and usually employed in connection with the particular
activity. This section also does not apply to any act or acts in furtherance of the activities
when conducted in compliance with this chapter and in accordance with the rules adopted
under this chapter. In the enforcement of this section direct possession of any such a
gambling record is presumed to be knowing possession thereof.
[1994c218§ 10.]
NOTES:
Effective date— 1994 c 218: See note following RCW 9.46.010. •
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RCW 9.46.222
Professional gambling in the third degree.
(1) person guilty 1 A erson is gambling degree� engages of professional ambling in the third de{Tree if he or she engages in
,
or knowingly causes, aids, abets, or conspires with another to engage in professional
gambling as defined in this chapter, and:
(a) His or her conduct does not constitute first or second degree professional gambling;
(b) He or she operates any of the unlicensed gambling activities authorized by this
chapter in a manner other than as prescribed by this chapter; or
(c) He or she is directly employed in but not managing or directing any gambling
operation.
(2) This section shall not apply to those activities enumerated in RCW 9.46.0305
through 9.46.0361 or to any acts in furtherance of such activities when conducted in
compliance with the provisions of this chapter and the rules adopted pursuant to this
chapter.
(3) Professional gambling in the third degree is a gross misdemeanor subject to the
penalty established in RCW 9A.20.021.
[1994c218* 13; 1991c261 § 12.]
NOTES:
Effective date— 1994 c 218: See note following RCW 9.46.010.
/
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RCW 9.46.240 •
Gambling information, transmitting or receiving.
Whoever knowingly transmits or receives gambling information by telephone, telegraph,
radio, semaphore or similar means, or knowingly installs or maintains equipment for the
transmission or receipt of gambling information shall be guilty of a gross misdemeanor
subject to the penalty set forth in RCW 9A.20.021: PROVIDED, HOWEVER, That this
section shall not apply to such information transmitted or received or equipment installed
or maintained relating to activities authorized by this chapter or to any act or acts in
furtherance thereof when conducted in compliance with the provisions of this chapter and -
in accordance with the rules and regulations adopted pursuant thereto.
[1991 c 261 § 9; 1987 c 4§ 44; 1973 1st ex.s.c 21$ §24.]
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RCW 9.46.260
Proof of possession as evidence of knowledge of its character.
Proof of possession of any device used for professional gambling or any record relating to
professional gambling specified in RCW 9.46.215 is prima facie evidence of possession
thereof with knowledge of its character or contents.
[1994 0.18 § 16; 1973 1st ex.s.c 218 6 26.1
NOTES:
• Effective date-- 1994 c 218: See note following RCW 9.46.010.
i
j
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RCW 9A. 46 CHAPTER Page 1 of 11
Chapter 9A.46 RCW
HARASSMENT
RCW SECTIONS
S9.F-7..40.0Ih{)Jegislative finding.
p�9r1—�t :U'2f)'Definition -- Penalties.
G9A746=03:01Place where committed.
1.9-A:4670407Court-ordered requirements upon person charged with crime -- Violation.
'9K.4G;050 Arraignment --No-contact order.
97..A.:40-5i Crimes included in harassment.
.9A:46.07O:Enforcement of orders restricting contact.
1t9A-7 80'Order restricting contact -- Violation.
l :46.09Oy.Nonliability of peace officer.
i9A74:G71:0"Convicted," time when.
,W ;A.4614i�0� talking.
9A.46.1.20 Criminal gang intimidation.
9A.46.900 Short title.
9A.46.905 Effective date -- 1985 c 288.
9A.46.910 Severability-- 1985 c 288.
NOTES:
Disclosure of information to person threatened or harassed by mentally ill person: RCW 71.05.390.
Harassment: RCW 9A.36.080, chapter 10.14 RCW.
RCW 9A.46.010
Legislative finding.
The legislature finds that the prevention of serious, personal harassment is an important government
objective. Toward that end, this chapter is aimed at making unlawful the repeated invasions of a person's
privacy by acts and threats which show a pattern of harassment designed to coerce, intimidate, or
humiliate the victim.
The legislature further finds that the protection of such persons from harassment can be accomplished
without infringing on constitutionally protected speech or activity.
[1985 c 288 § l]
N
��,. . RCW 9A.46.020
Definition-- Penalties. (Effective until July 1, 2004.)
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RCW 9A. 46 CHAPTER Page 2 of 11
(1) A person is guilty of harassment if:
(a) Without lawful authority, the person knowingly threatens:
(i) To cause bodily injury immediately or in the future to the person threatened or to any other
person; or
(ii)To cause physical damage to the property of a person other than the actor; or
(iii) To subject the person threatened or any other person to physical confinement or restraint; or
(iv) Maliciously to do any other act which is intended to substantially harm the person threatened or
another with respect to his or her physical or mental health or safety; and
(b)The person by words or conduct places the person threatened in reasonable fear that the threat
will be carried out. "Words or conduct" includes, in addition to any other form of communication or
conduct, the sending of an electronic communication.
(2) A person who harasses another is guilty of a gross misdemeanor punishable under chapter 9A.20
RCW, except that the person is guilty of a class C felony if either of the following applies: (a) The
person has previously been convicted in this or any other state of any crime of harassment, as defined in
RCW 9A.46.060, of the same victim or members of the victim's family or household or any person
specifically named in a no-contact or no-harassment order; or(b) the person harasses another person
under subsection (1)(a)(i) of this section by threatening to kill the person threatened or any other person.
(3) The penalties provided in this section for harassment do not preclude the victim from seeking any
-' other remedy otherwise available under law.
[1999c27 § 2; 1997c I05 § 1; 1992c186§2; 1985c288 §2.1
NOTES:
Intent-- 1999 c 27: "It is the intent of chapter 27, Laws of 1999 to clarify that electronic
communications are included in the types of conduct and actions that can constitute the crimes of
harassment and stalking. It is not the intent of the legislature, by adoption of chapter 27, Laws of 1999,
to restrict in any way the types of conduct or actions that can constitute harassment or stalking." [1999 c
27 § l.]
Severability-- 1992 c 186: See note following RCW 9A.46.110.
RCW 9A.46.020
Definition -- Penalties. (Effective July 1, 2004.)
(1) A person is guilty of harassment if:
(a) Without lawful authority, the person knowingly threatens:
(i) To cause bodily injury immediately or in the future to the person threatened or to any other
person; or
(ii) To cause physical damage to the property of a person other than the actor; or
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RCW 9A. 46 CHAPTER Page 3 of II
(iii) To subject the person threatened or any other person to physical confinement or restraint; or
(iv) Maliciously to do any other act which is intended to substantially harm the person threatened or
another with respect to his or her physical or mental health or safety; and
(b) The person by words or conduct places the person threatened in reasonable fear that the threat
will be carried out. "Words or conduct" includes, in addition to any other form of communication or
conduct, the sending of an electronic communication.
(2)(a) Except as provided in (b) of this subsection, a person who harasses another is guilty of a gross
misdemeanor.
(b) A person who harasses another is guilty of a class C felony if either of the following applies: (i)
The person has previously been convicted in this or any other state of any crime of harassment, as
defined in RCW 9A.46.060, of the same victim or members of the victim's family or household or any
person specifically named in a no-contact or no-harassment order; or(ii) the person harasses another
person under subsection (1)(a)(i) of this section by threatening to kill the person threatened or any other
person.
(3) The penalties provided in this section for harassment do not preclude the victim from seeking any
other remedy otherwise available under law.
[2003 c 53 § 69; 1999 c 27§ 2; 1997 c 105 § l; 1992 c 186§ 2; 1985 c 288 §2.]
N, NOTES:
Intent-- Effective date-- 2003 c 53: See notes following RCW 2.48.180.
Intent— 1999 c 27: "It is the intent of chapter 27, Laws of 1999 to clarify that electronic
communications are included in the types of conduct and actions that can constitute the crimes of
harassment and stalking. It is not the intent of the legislature, by adoption of chapter 27, Laws of 1999,
to restrict in any way the types of conduct or actions that can constitute harassment or stalking." [1999 c
27 § 1.]
Severability-- 1992 c 186: See note following RCW 9A.46.110.
RCW 9A.46.030
Place where committed.
Any harassment offense committed as set forth in RCW 9A.46.020 or 9A.46.110 may be deemed to
have been committed where the conduct occurred or at the place from which the threat or threats were
made or at the place where the threats were received.
[1992 c 186§ 3; 1985 c 288 § 3.]
NOTES:
Severability— 1992 c 186: See note following RCW A.46.110.
•
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RCW 9A. 46 CHAPTER Page 4 of 11
RCW 9A.46.040
`\ Court-ordered requirements upon person charged with crime — Violation.
(1) Because of the likelihood of repeated harassment directed at those who have been victims of
harassment in the past, when any defendant charged with a crime involving harassment is released from
custody before trial on bail or personal recognizance, the court authorizing the release may require that
the defendant:
(a) Stay away from the home, school,business, or place of employment of the victim or victims of
the alleged offense or other location, as shall be specifically named by the court in the order;
(b) Refrain from contacting, intimidating, threatening, or otherwise interfering with the victim or
victims of the alleged offense and such other persons, including but not limited to members of the
family or household of the victim, as shall be specifically named by the court in the order.
(2) An intentional violation of a court order issued under this section is a misdemeanor. The written
order releasing the defendant shall contain the court's directives and shall bear the legend: Violation of
this order is a criminal offense under chapter 9A.46 RCW. A certified copy of the order shall be
provided to the victim by the clerk of the court.
[1985 c 288 §4.]
RCW 9A.46.050
Arraignment-- No-contact order.
A defendant who is charged by citation, complaint, or information with an offense involving harassment •
and not arrested shall appear in court for arraignment in person as soon as practicable,but in no event
later than fourteen days after the next day on which court is in session following the issuance of the
citation or the filing of the complaint or information. At that appearance, the court shall determine the
necessity of imposing a no-contact or no-harassment order, and consider the provisions of RCW
9.41.800, or other conditions of pretrial release according to the procedures established by court rule for
preliminary appearance or an arraignment.
[1994 sp.s.c 7 §447; 1985 c 288 § 5.]
NOTES:
Finding-- Intent-- Severability-- 1994 sp.s. c 7: See notes following RCW 43.70.540.
Effective date -- 1994 sp.s. c 7 §§ 401-410,413-416, 418-437, and 439-460: See note following
RCW 9.41.010.
RCW 9A.46.060
Crimes included in harassment.
*** CHANGE IN 2004 *** (SEE 2771-S.SL) ***
As used in this chapter, "harassment" may include but is not limited to any of the following crimes:
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RCW 9A. 46 CHAPTER Page 5 of 11
(1) Harassment (RCW 9A.46.020);
(2) Malicious harassment (RCW 9A.36.080);
(3) Telephone harassment (RCW 9.61.230);
(4) Assault in the first degee (RCW 9A.36.011);
(5) Assault of a child in the first degree(RCW 9A.36.120);
(6) Assault in the second degree(RCW 9A.36.021);
(7) Assault of a child in the second degree (RCW 9A.36.130);
(8) Assault in the fourth degree(RCW 9A.36.041);
(9) Reckless endangerment (RCW 9A.36.050);
(10) Extortion in the first degree (RCW 9A.56.120);
(11) Extortion in the second degree (RCW 9A.56.130);
(12) Coercion (RCW 9A.36.070);
(13) Burglary in the first degree (RCW 9A.52.020);
(14) Burglary in the second degree (RCW 9A.52.030);
(15) Criminal trespass in the first degree(RCW 9A.52.070);
(16) Criminal trespass in the second degree(RCW 9A.52.080);
(17) Malicious mischief in the first degree(RCW 9A.48.070);
(18) Malicious mischief in the second degree (RCW 9A.48.080);
(19) Malicious mischief in the third degree (RCW 9A.48.090);
(20) Kidnapping in the first degree (RCW 9A.40.020);
(21) Kidnapping in the second degree(RCW 9A.40.030);
(22) Unlawful imprisonment (RCW 9A.40.040);
(23) Rape in the first degree(RCW 9A.44.040);
(24) Rape in the second degree(RCW 9A.44.050);
(25) Rape in the third degree (RCW 9A.44.060);
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(26) Indecent liberties (RCW 9A.44.100);
(27) Rape of a child in the first degree (RCN's/ 9A.44.073);
(28) Rape of a child in the second degree(RCW 9A.44.076);
(29) Rape of a child in the third degree (RCW 9A.44.079);
(30) Child molestation in the first degree (RCW 9A.44.083);
(31) Child molestation in the second degree(RCW 9A.44.086);
(32) Child molestation in the third degree (RCW 9A.44.089);
(33) Stalking (RCW 9A.46.1.10);
(34) Residential burglary(RCW 9A.52.025);
(35) Violation of a temporary or permanent protective order issued pursuant to chapter 9A.46, 10.14,
10.99, 26.09, or 26.50 RCW;
(36) Unlawful discharge of a laser in the first degree(RCW 9A.49.020); and
(37) Unlawful discharge of a laser in the second degree (RCW 9A.49.030).
f
/ [1999 c 180§ 7; 1997 c 338 § 52.Prior: 1994 c 271 § 802; 1994 c 121 § 2;prior: 1992 c 186§4; 1992 c 145 § 12; 1988 c
145 § 15; 1985 c 288 § 6.]
NOTES:
Finding-- Evaluation-- Report-- 1997 c 338: See note following RCW 13.40.0357.
Severability-- Effective dates -- 1997 c 338: See notes following RCW 5.60.060.
Purpose-- Severability— 1994 c 271: See notes following RCW 9A.28.020.
Severability-- 1992 c 186: See note following RCW 9A.46.110.
Effective date --Savings -- Application -- 1988 c 145: See notes following RCW 9A.44.010.
RCW 9A.46.070
Enforcement of orders restricting contact.
Any law enforcement agency in this state may enforce this chapter as it relates to orders restricting the
defendants' ability to have contact with the victim or others.
[1985c288 § 7.]
•
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RCW 9A.46.080
Order restricting contact -- Violation.
The victim shall be informed by local law enforcement agencies or the prosecuting attorney of the final
disposition of the case in which the victim is involved. If a defendant is found guilty of a crime of
harassment and a condition of the sentence restricts the defendant's ability to have contact with the
victim or witnesses, the condition shall be recorded and a written certified copy of that order shall be
provided to the victim or witnesses by the clerk of the court. Willful violation of a court order issued
under this section is a misdemeanor. The written order shall contain the court's directives and shall bear
the legend: Violation of this order is a criminal offense under chapter 9A.46 RCW and will subject a
violator to arrest.
[1985 c 288 § 8.]
RCW 9A.46.090
Nonliability of peace officer.
•
A peace officer shall not be held liable in any civil action for an arrest based on probable cause,
enforcement in good faith of a court order, or any other action or omission in good faith under this
chapter arising from an alleged incident of harassment brought by any party to the incident.
[1985 c 288 §9.]
�� RCW 9A.46.100
• 2 "Convicted," time when.
*** CHANGE IN 2004 *** (SEE 2771-S.SL) ***
As used in RCW 9.61.230,9A.46.020, or 9A.46.110, a person has been "convicted" at such time as a
plea of guilty has been accepted or a verdict of guilty has been filed, notwithstanding the pendency of
any future proceedings including but not limited to sentencing,posttrial motions, and appeals. •
[1992 c 186§ 5; 1985 c 288 § 10.]
NOTES:
Severability-- 1992 c 186: See note following RCW 9A.46.110.
RCW 9A.46.110
Stalking. (Effective until July 1, 2004.)
(1) A person commits the crime of stalking if, without lawful authority and under circumstances not
amounting to a felony attempt of another crime:
(a) He or she intentionally and repeatedly harasses or repeatedly follows another person; and
(b) The person being harassed or followed is placed in fear that the stalker intends to injure the
person, another person, or property of the person or of another person. The feeling of fear must be one
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RCW 9A. 46 CHAPTER Paee 8 of 11
that a reasonable person in the same situation would experience under all the circumstances; and
(c) The stalker either:
(i) Intends to frighten, intimidate, or harass the person; or
(ii) Knows or reasonably should know that the person is afraid, intimidated, or harassed even if the
stalker did not intend to place the person in fear or intimidate or harass the person.
(2)(a) It is not a defense to the crime of stalking under subsection(1)(c)(i) of this section that the
stalker was not given actual notice that the person did not want the stalker to contact or follow the
person; and
(b) It is not a defense to the crime of stalking under subsection (1)(c)(ii) of this section that the stalker
did not intend to frighten, intimidate, or harass the person.
(3) It shall be a defense to the crime of stalking that the defendant is a licensed private investigator
acting within the capacity of his or her license as provided by chapter 18.165 RCW.
(4) Attempts to contact or follow the person after being given actual notice that the person does not
want to be contacted or followed constitutes prima facie evidence that the stalker intends to intimidate or
harass the person. "Contact" includes, in addition to any other form of contact or communication, the
sending of an electronic communication to the person.
(5) A person who stalks another person is guilty of a gross misdemeanor except that the person is
guilty of a class C felony if any of the following applies: (a)The stalker has previously been convicted
in this state or any other state of any crime of harassment, as defined in RC\'V 9A.46.060, of the same
victim or members of the victim's family or household or any person specifically named in a protective
order; (b) the stalking violates any protective order protecting the person being stalked; (c) the stalker
has previously been convicted of a gross misdemeanor or felony stalking offense under this section for
stalking another person; (d) the stalker was armed with a deadly weapon, as defined in *RCW
9.94A.602, while stalking the person; (e) the stalker's victim is or was a law enforcement officer,judge,
juror, attorney, victim advocate, legislator, or community correction's officer, and the stalker stalked the
victim to retaliate against the victim for an act the victim performed during the course of official duties
or to influence the victim's performance of official duties; or(f) the stalker's victim is a current, former,
or prospective witness in an adjudicative proceeding, and the stalker stalked the victim to retaliate
against the victim as a result of the victim's testimony or potential testimony.
(6) As used in this section:
(a) "Follows" means deliberately maintaining visual or physical proximity to a specific person over a
period of time. A finding that the alleged stalker repeatedly and deliberately appears at the person's
home, school, place of employment, business, or any other location to maintain visual or physical
proximity to the person is sufficient to find that the alleged stalker follows the person. It is not necessary
to establish that the alleged stalker follows the person while in transit from one location to another.
(b) "Harasses" means unlawful harassment as defined in RCW 10.14.020.
(c) "Protective order" means any temporary or permanent court order prohibiting or limiting violence
against, harassment of, contact or communication with, or physical proximity to another person.
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(d) "Repeatedly" means on two or more separate occasions.
[1999 c 143 § 35; 1999 c 27§ 3; 1994 c 271 § 8O 1; 1992 c 186 § 1.1
NOTES:
Reviser's note: *(1)This RCW reference has been corrected to reflect the reorganization of chapter
9.94A RCW by 2001 c 10 § 6.
(2) This section was amended by 1999 c 27 § 3 and by 1999 c 143 § 35, each without reference to the
other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Intent — 1999 c 27: See note following RCW 9A.46.020.
Purpose-- Severability-- 1994 c 271: See notes following RCW 9A.28.020.
Severability - 1992 c 186: "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." [1992 c 186 § 10.]
RCW 9A.46.110
Stalking. (Effective July 1, 2004.)
(1) A person commits the crime of stalking if, without lawful authority and under circumstances not
amounting to a felony attempt of another crime:
(a) He or she intentionally and repeatedly harasses or repeatedly follows another person; and
(b) The person being harassed or followed is placed in fear that the stalker intends to injure the
person, another person, or property of the person or of another person. The feeling of fear must be one
that a reasonable person in the same situation would experience under all the circumstances; and
(c) The stalker either:
(i) Intends to frighten, intimidate, or harass the person; or
(ii) Knows or reasonably should know that the person is afraid, intimidated, or harassed even if the
stalker did not intend to place the person in fear or intimidate or harass the person.
(2)(a) It is not a defense to the crime of stalking under subsection (1)(c)(i) of this section that the
stalker was not given actual notice that the person did not want the stalker to contact or follow the
person; and
(b) It is not a defense to the crime of stalking under subsection (1)(c)(ii) of this section that the stalker
did not intend to frighten, intimidate, or harass the person.
(3) It shall be a defense to the crime of stalking that the defendant is a licensed private investigator
acting within the capacity of his or her license as provided by chapter 18.165 RCW.
(4) Attempts to contact or follow the person after being given actual notice that the person does not
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want to be contacted or followed constitutes prima facie evidence that the stalker intends to intimidate or
harass the person. "Contact" includes, in addition to any other form of contact or communication, the
sending of an electronic communication to the person.
N
(5)(a) Except as provided in (b) of this subsection, a person who stalks another person is guilty of a
gross misdemeanor.
(b) A person who stalks another is guilty of a class C felony if any of the following applies: (i) The
stalker has previously been convicted in this state or any other state of any crime of harassment, as
defined in RCW 9A.46.060, of the same victim or members of the victim's family or household or any
person specifically named in a protective order; (ii) the stalking violates any protective order protecting
the person being stalked; (iii) the stalker has previously been convicted of a gross misdemeanor or
felony stalking offense under this section for stalking another person; (iv) the stalker was armed with a
deadly weapon, as defined in RCW 9.94A.602, while stalking the person; (v) the stalker's victim is or
.was a law enforcement officer,judge,juror, attorney, victim advocate, legislator, or community
correction's officer, and the stalker stalked the victim to retaliate against the victim for an act the victim
performed during the course of official duties or to influence the victim's performance of official duties;
or(vi) the stalker's victim is a current, former, or prospective witness in an adjudicative proceeding, and
the stalker stalked the victim to retaliate against the victim as a result of the victim's testimony or
potential testimony.
(6)As used in this section:
(a) "Follows" means deliberately maintaining visual or physical proximity to a specific person over a
period of time. A finding that the alleged stalker repeatedly and deliberately appears at the person's
home, school, place of employment, business, or any other location to maintain visual or physical
proximity to the person is sufficient to find that the alleged stalker follows the person. It is not necessary
to establish that the alleged stalker follows the person while in transit from one location to another.
(b) "Harasses" means unlawful harassment as defined in RCW 10.14.020.
(c) "Protective order" means any temporary or permanent court order prohibiting or limiting violence
against, harassment of, contact or communication with, or physical proximity to another person.
(d) "Repeatedly" means on two or more separate occasions.
[2003 c 53 §70.Prior: 1999 c 143 §35; 1999 c 27 $3; 1994 c 271 § 801; 1992 c 186§ 1.]
NOTES:
Intent-- Effective date -- 2003 c 53: See notes following RCW 2.48.180.
Intent-- 1999 c 27: See note following RCW 9A.46.020.
Purpose-- Severability— 1994 c 271: See notes following RCW 9A.28.020.
Severability a 1992 c 186: "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." [1992 c 186 § 10.E
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RCW 9.61.230
Telephone harassment. (Effective until July 1, 2004.)
Every person who, with intent to harass, intimidate, torment or embarrass any other
person, shall make a telephone call to such other person:
(1) Using any lewd, lascivious, profane, indecent, or obscene words or language, or
suggesting the commission of any lewd or lascivious act; or
(2) Anonymously or repeatedly or at an extremely inconvenient hour, whether or not
conversation ensues; or
(3) Threatening to inflict injury on the person or property of the person called or any
member of his or her family or household;
shall be guilty of a gross misdemeanor, except that the person is guilty of a class C felony
if either of the following applies:
(a) That person has previously been convicted of any crime of harassment, as defined in
RCW 9A.46.060, with the same victim or member of the victim's family or household or
any person specifically named in a no-contact or no-harassment order in this or any other
state; or
(b) That person harasses another person under subsection (3) of this section by
� threatening to kill the person threatened or any other person.
[1992 c 186§ 6; 1985 c 288 § 11; 1967 c 16§ 1.]
NOTES:
Severability-- 1992 c 186: See note following RCW 9A.46.110.
Effective date -- Severability-- 1985 c 288: See RCW 9A.46.905 and 9A.46.910.
Severability-- 1967 c 16: "If any portion of this act is held to be unconstitutional or
void, such decision shall not affect the validity of the remaining parts of this act." [1967 c
16j4.]
Communicating with child for immoral purposes: RCW 9.68A.090.
Interference with telephone message: RCW 9A.48.070, 9A.48.080.
•
RCW 9.61.230
Telephone harassment. (Effective July.1, 2004.)
(1) Every person who, with intent to harass, intimidate, torment or embarrass any other
person, shall make a telephone call to such other person:
(a) Using any lewd, lascivious, profane, indecent, or obscene words or language, or
suggesting the commission of any lewd or lascivious act; or
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(b) Anonymously or repeatedly or at an extremely inconvenient hour, whether or not
conversation ensues; or
(c) Threatening to inflict injury on the person or property of the person called or any
member of his or her family or household;
is guilty of a gross misdemeanor, except as provided in subsection (2)of this section.
(2)The person is guilty of a class C felony punishable according to chapter 9A.20
RCW if either of the following applies:
(a) That person has previously been convicted of any crime of harassment, as defined in
RCW 9A.46.060, with the same victim or member of the victim's family or household or
any person specifically named in a no-contact or no-harassment order in this or any other
state; or
(b) That person harasses another person under subsection(1)(c) of this section by
threatening to kill the person threatened or any other person.
[2003c53 §39; 1992c186§6; 1985c288 § 11; 1967c16§ I.]
NOTES:
Intent-- Effective date — 2003 c 53: See notes following RCW 2.48.180.
Severability-- 1992 c 186: See note following RCW 9A.46.110.
Effective date -- Severability-- 1985 c 288: See RCW 9A.46.905 and 9A.46.910.
Severability-- 1967 c 16: "If any portion of this act is held to be unconstitutional or
void, such decision shall not affect the validity of the remaining parts of this act." [1967 c
16 § 4.]
Communicating with child for immoral purposes: RCW 9.68A.090.
Interference with telephone message: RCW 9A.48.070, 9A.48.080.
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RCW 9.61.240
Telephone harassment-- Permitting telephone to be used.
Any person who knowingly permits any telephone under his control to be used for any
purpose prohibited by RCW 9.61.230 shall be guilty of a misdemeanor.
[1967 c 16§21
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RCW 9.61.250
Telephone harassment-- Offense, where deemed committed.
Any offense committed by use of a telephone as set forth in RCW 9.61.230 may be
deemed to have been committed either at the place from which the telephone call or calls
were made or at the place where the telephone call or calls were received.
[1967c16§ 3.]
•
•
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O SECTION 35
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RCW 9 . 47A CHAPTER Page 1 of 3
Chapter 9.47A RCW
INHALING TOXIC FUMES
(Formerly Clue sniffing)
RCW SECTIONS
9.47A.O10 Definition.
9.47A.020 Unlawful inhalation -- Exception.
9.47A.030 Possession of certain substances prohibited, when.
9.47A.040 Sale of certain substances prohibited, when.
9.47A.050 Penalty.
•
RCW 9.47A.010
Definition.
As used in this chapter, the phrase "substance containing a solvent having the property of releasing toxic
vapors or fumes" shall mean and include any substance containing one or more of the following
chemical compounds:
(1) Acetone;
(2) Amylacetate;
(3) Benzol or benzene;
(4) Butyl acetate;
(5)Butyl alcohol;
(G) Carbon tetrachloride;
(7) Chloroform;
(8) Cyclohexanone;
(9) Ethanol or ethyl alcohol;
(10) Ethyl acetate;
(11) Hexane;
(12) Isopropanol or isopropyl alcohol;
(13) Isopropyl acetate;
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RCW 9 . 47A CHAPTER Page 2 of 3
(14) Methyl "cellosolve" acetate;
(15) Methyl ethyl ketone;
(16) Methyl isobutyl ketone;
(17) Toluol or toluene;
(18) Trichloroethylene;
(19) Tricresyl phosphate;
(20) Xylol or xylene; or
(21) Any other solvent, material substance, chemical, or combination thereof, having the property of
releasing toxic vapors.
[1984c68 § 1; 1969ex.s.c 149§ 1.]
RCW 9.47A.020
Unlawful inhalation-- Exception.
It is unlawful for any person to intentionally smell or inhale the fumes of any type of substance as
defined in RCW 9.47A.01.0 or to induce any other person to do so, for the purpose of causing a
condition of, or inducing symptoms of intoxication, elation, euphoria, dizziness, excitement, irrational
behavior, exhilaration, paralysis, stupefaction, or dulling of the senses of the nervous system, or for the
purpose of, in any manner, changing, distorting, or disturbing the audio, visual, or mental processes.
This section does not apply to the inhalation of any anesthesia for medical or dental purposes.
[1984 c 68 §2; 1969 ex.s. c 149§ 2.]
RCW 9.47A.030
Possession of certain substances prohibited, when.
No person may, for the purpose of violating RCW 9.47A.020, use, or possess for the purpose of so
using, any substance containing a solvent having the property of releasing toxic vapors or fumes.
[1984 c 68 § 3; 1969 ex.s.c 149§ 3.]
RCW 9.47A.040
Sale of certain substances prohibited, when.
•
No person may sell, offer to sell, deliver, or give to any other person any container of a substance
containing a solvent having the property of releasing toxic vapors or fumes, jibe has knowledge that the
product sold, offered for sale, delivered, or given will be used for the purpose set forth in R.CW
9.47A.020.
[1984 c 68§4; 1969 ex.s.c 149§4.]
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RCW 9 . 47A CHAPTER Page 3 of 3
RCW 9.47A.050
1 Penalty.
Any person who violates this chapter shall be guilty of a misdemeanor and, upon conviction thereof,
shall be punished by a fine of not more than one hundred dollars or by imprisonment for not more than
thirty days, or by both.
[1969 ex.s.c 149 § 5.)
•
•
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RC`V 9A.50.005
Finding.
The legislature finds that seeking or obtaining health care is fundamental to public health
and safety. _
[1993 c 128 § I.]
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RCW 9A.50.010
Definitions.
J Unless the context clearly requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Health care facility" means a facility that provides health care services directly to
patients, including but not limited to, a hospital, clinic, health care provider's office, health
maintenance organization, diagnostic or treatment center, neuropsychiatric or mental
health facility, hospice, or nursing home.
(2) "Health care provider" has the same meaning as defined in RC\'V 7.70.020 (1) and
(2), and also means an officer, director, employee, or agent of a health care facility who
sues or testifies regarding matters within the scope of his or her employment.
(3) "Aggrieved" means: -
(a) A person, physically present at the health care facility when the prohibited actions
occur, whose access is or is about to be obstructed or impeded;
(b) A person, physically present at the health care facility when the prohibited actions
occur, whose care is or is about to be disrupted;
(c) The health care facility, its employees, or agents;
r
(d) The owner of the health care facility or the building or property upon which the
health care facility is located.
[1993 c 128 § 2.]
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RCW 9A.50.020
Interference with health care facility.
It is unlawful for a person except as otherwise protected by state or federal law, alone or in
concert with others, to willfully or recklessly interfere with access to or from a health care
facility or willfully or recklessly disrupt the normal functioning of such facility by:
(1) Physically obstructing or impeding the free passage of a person seeking to enter or
depart from the facility or from the common areas of the real property upon which the
facility is located;
(2) Making noise that unreasonably disturbs the peace within the facility;
(3) Trespassing on the facility or the common areas of the real property upon which the
facility is located;
(4) Telephoning the facility repeatedly, or knowingly permitting any telephone under
his or her control to be used for such purpose; or
(5)Threatening to inflict injury on the owners, agents, patients, employees, or property
of the facility or knowingly permitting any telephone under his or her control to be used
for such purpose.
[1993c128 §3.1
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RCW 9A.50.030
Penalty.
1 J A violation of RCW 9A.50.020 is a gross misdemeanor. A person convicted of violating
RCW 9A.50.020 shall be punished as follows:
(1) For a first offense, a fine of not less than two hundred fifty dollars and a jail term of
not less than twenty-four consecutive hours;
(2) For a second offense, a fine of not less than five hundred dollars and a jail term of
not less than seven consecutive days; and
(3) For a third or subsequent offense, a fine of not less than one thousand dollars and a
jail term of not less than thirty consecutive days.
[1993c128§4.]
•
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Pagel of
RCW 9A.50.060
Informational picketing.
Nothing in RCW 9A.50.020 shall prohibit either lawful picketing or other publicity for the
purpose of providing the public with information.
[1993 c 128 § 8.]
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RCW 9.51.010
Misconduct of officer drawing jury.
•
Every person charged by law with the preparation of any jury list or list of names from
which any jury is to be drawn, and every person authorized by law to assist at the drawing
of a grand or petit jury'to attend a court or term of court or to try any cause or issue, who
shall --
(1) Place in any such list any name at the request or solicitation, direct or indirect, of •
any person; or
(2) Designedly put upon the list of jurors, as having been drawn, any name which was
not lawfully drawn for that purpose; or
(3) Designedly omit to place upon such list any name which was lawfully drawn; or
(4) Designedly sign or certify a list of such jurors as having been drawn which were not
lawfully drawn; or
(5) Designedly and wrongfully withdraw from the box or other receptacle for the
ballots containing the names of such jurors any paper or ballot lawfully placed or
belonging there and containing the name of a juror, or omit to place therein any name
lawfully drawn or designated, or place therein a paper or ballot containing the name of a
person not lawfully drawn and designated as a juror; or
(6)In drawing or impanelling such jury, do any act which is unfair, partial or improper
in any respect;
Shall be guilty of a gross misdemeanor. •
[1909 c 249§75;Code 1881 §922; 1854 p 94 § 107;RRS § 2327.]
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RCW 9.51.020
Soliciting jury duty.
Every person who shall, directly or indirectly, solicit or request any person charged with
the duty of preparing any jury list to put his name, or the name of any other person, on any
such list, shall be guilty of a gross misdemeanor.
[1909c249§ 76; 1888p 114§ 1;RRSj 2328.E •
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RCW 9.51.030
Misconduct of officer in charge of jury.
Every person to whose charge a jury.shall be committed by a court or magistrate, who
shall knowingly, without leave of such court or magistrate, permit them or any one of them
to receive any communication from any person, to make any communication to any
person, to obtain or receive any book, paper or refreshment, or to leave the jury room, shall
be guilty of a gross misdemeanor.
[1909 c 249 § 77;RRS §2329.]
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RCW 9A. 49 CHAPTER Page 1 of 3
Chapter 9A.49 RCW
LASERS
RCW SECTIONS
�,�1.:A=4J:Uf_?a�Findings.
it 9:A:49.01;0-D e funi ti o ns.
9A.49.020 Unlawful discharge of a laser in the first degree.
, -.97.A74.97.11304Unlawful discharge of a laser in the second degree.
,-.67.49_UaQaCivil infraction, when.
9A 49:0501xclusions.
RCW 9A.49.001
Findings.
The legislature finds that lasers are becoming both less expensive and more accessible in our
technologically advanced society. Laser devices are being used by individuals in a manner so as to
intimidate and harass. This creates an especially serious problem for law enforcement officers who
reasonably believe they are the target of a laser sighting device on a firearm. Additionally, emergency
service providers, service providers, and others who operate aircraft or motor vehicles may be negatively
affected to the point of jeopardizing their safety as well as the safety of others. In order to address the
misuse of lasers, the legislature hereby finds it necessary to criminalize the discharge of lasers under
certain circumstances.
[1999 c 180§ I.]
RCW 9A.49.010
Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires
otherwise.
(1) "Aircraft" means any contrivance known or hereafter invented, used, or designed for navigation
of or flight in air.
(2) "Laser" means any device designed or used to amplify electromagnetic radiation by simulated
emission which is visible to the human eye.
(3) "Laser sighting system or device" means any system or device which is integrated with or affixed
to a firearm and which emits a laser light beam that is used by the shooter to assist in the sight alignment
of that firearm.
[1999 c 180§ 2.]
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RCW 9A. 49 CHAPTER Page 2 of 3
RCW 9A.49.020
Unlawful discharge of a laser in the first degree.
•
(1) A person is guilty of unlawful discharge of a laser in the first degree if he or she knowingly and
maliciously discharges a laser,under circumstances not amounting to malicious mischief in the first
degree:
(a) At a law enforcement officer or other employee of a law enforcement agency who is performing
his or her official duties in uniform or exhibiting evidence of his or her authority, and in a manner that
would support that officer's or employee's reasonable belief that he or she is targeted with a laser
sighting device or system; or
(b) At a law enforcement officer or other employee of a law enforcement agency who is performing
his or her official duties, causing an impairment of the safety or operation of a law enforcement vehicle
or causing an interruption or impairment of service rendered to the public by negatively affecting the
officer or employee; or
(c) At a pilot, causing an impairment of the safety or operation of an aircraft or causing an
interruption or impairment of service rendered to the public by negatively affecting the pilot; or
(d) At a fire fighter or other employee of a fire department, county fire marshal's office, county fire
prevention bureau, or fire protection district who is performing his or her official duties, causing an
impairment of the safety or operation of an emergency vehicle or causing an interruption or impairment
of service rendered to the public by negatively affecting the fire fighter or employee; or
(e) At a transit operator or driver of a public or private transit company while that person is
performing his or her official duties, causing an impairment of the safety or operation of a transit vehicle
or causing an interruption or impairment of service rendered to the public by negatively affecting the
operator or driver; or
(f) At a school bus driver employed by a school district or private company while the driver is
performing his or her official duties, causing an impairment of the safety or operation of a school bus or
causing an interruption or impairment of service by negatively affecting the bus driver.
(2) Except as provided in RCW 9A.49.040, unlawful discharge of a laser in the first degree is a class
C felony.
[1999c 180§ 3.]
RCW 9A.49.030
Unlawful discharge of a laser in the second degree.
(1) A person is guilty of unlawful discharge of a laser in the second degree if he or she knowingly and
maliciously discharges a laser,under circumstances not amounting to unlawful discharge of a laser in
the first degree or malicious mischief in the first or second degree:
(a) At a person, not described in RCW 9A.49.020(1) (a) through (f), who is operating a motor vehicle
ti at the time, causing an impairment of the safety or operation of a motor vehicle by negatively affecting
the driver; or
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RCW 9A. 49 CHAPTER Page 3 of 3
(b) At a person described in RCW 9A.49.020(1) (b) through (f), causing a substantial risk of an
impairment or interruption as described in RCW 9A.49.020(l) (b) through (f); or
(c) At a person in order to intimidate or threaten that person.
(2) Except as provided in RCW 9A.49.040, unlawful discharge of a laser in the second degree is a
gross misdemeanor.
[1999 c 180§4.]
RCW 9A.49.040
Civil infraction,when.
Unlawful discharge of a laser in the first degree or second degree is a civil infraction if committed by a
juvenile who has not before committed either offense. The monetary penalty imposed upon a juvenile
may not exceed one hundred dollars.
[1999 c 180§5.]
RCW 9A.49.050
Exclusions.
This chapter does not apply to the conduct of a laser development activity by or on behalf of the United
States armed forces.
[1999 c 180§6.]
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RCW 70.93.030
Definitions.
The definitions in this section apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Conveyance" means a boat, airplane, or vehicle.
(2) "Department" means the department of ecology.
(3) "Director" means the director of the department of ecology.
(4) "Disposable package or container" means all packages or containers defined as such
by rules adopted by the department of ecology.
(5) "Junk vehicle" has the same meaning as defined in RCW 46.55.010.
(6) "Litter" means all waste material including but not limited to disposable packages or
containers thrown or deposited as herein prohibited and solid waste that is illegally
dumped, but not including the wastes of the primary processes of mining, logging,
sawmilling, farming, or manufacturing. "Litter" includes the material described in
subsection (10) of this section as "potentially dangerous litter."
(7) "Litter bag" means a bag, sack, or other container made of any material which is
•
large enough to serve as a receptacle for litter inside the vehicle or watercraft of any
\._,)
person. It is not necessarily limited to the state approved litter bag but must be similar in
size and capacity.
(8) "Litter receptacle" means those containers adopted by the department of ecology
and which may be standardized as to size, shape, capacity, and color and which shall bear
the state anti-litter symbol, as well as any other receptacles suitable for the depositing of
litter.
(9) "Person" means any political subdivision, government agency, municipality,
industry, public or private corporation, copartnership, association, firm, individual, or
other entity whatsoever. _
(10) "Potentially dangerous litter" means litter that is likely to injure a person or cause
damage to a vehicle or other property. "Potentially dangerous litter" means:
(a) Cigarettes, cigars, or other tobacco products that are capable of starting a fire;
(b) Glass;
(c) A container or other product made predominantly or entirely of glass;
(d) A hypodermic needle or other medical instrument designed to cut or pierce;
(e) Raw human waste, including soiled baby diapers, regardless of whether or not the
waste is in a container of any sort; and
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(f)Nails or tacks.
(11) "Public place" means any area that is used or held out for use by the public
whether owned or operated by public or private interests.
(12) "Recycling" means transforming or remanufacturing waste materials into a
finished product for use other than landfill disposal or incineration.
(13) "Recycling center" means a central collection point for recyclable materials.
(14) "To litter" means a single or cumulative act of disposing of litter.
(15) "Vehicle" includes every device capable of being moved upon a public highway
and in,upon, or by which any persons or property is or may be transported or drawn upon
a public highway, excepting devices moved by human or animal power or used
exclusively upon stationary rails or tracks.
(16) "Waste reduction" means reducing the amount or toxicity of waste generated or
reusing materials.
(17) "Watercraft" means any boat, ship, vessel, barge, or other floating craft.
[2003 c 337 § 2;2000 c 154 § 1; 1998 c 257§ 3; 1991 c 319§ 102; 1979 c 94 §3; 1971 ex.s.c 307§ 3.]
NOTES:
Findings -- 2003 c 337: See note following RCW 70.93.060.
Severability-- 2000 c 154: "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." [2000 c 154 § 5.]
Severability-- Part headings not law-- 1991 c 319: See RCW 70.95F.900 and
70.95F.901.
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RCW 70.93.060
Littering prohibited-- Penalties-- Litter cleanup restitution payment.
(1) It is a violation of this section to abandon a junk vehicle upon any property. In
addition, no person shall throw, drop, deposit, discard, or otherwise dispose of litter upon
any public property in the state or upon private property in this state not owned by him or
her or in the waters of this state whether from a vehicle or otherwise including but not
limited to any public highway, public park, beach, campground, forest land, recreational
area, trailer park, highway, road, street, or alley except:
(a) When the property is designated by the state or its agencies or political subdivisions
for the disposal of garbage and refuse, and the person is authorized to use such property
for that purpose;
(b) Into a litter receptacle in a manner that will prevent litter from being carried away or
deposited by the elements upon any part of the private or public property or waters.
(2)(a) Except as provided in subsection (4) of this section, it is a class 3 civil infraction
as provided in RCW 7.80.120 for a person to litter in an amount less than or equal to one
cubic foot.
(b) It is a misdemeanor for a person to litter in an amount greater than one cubic foot
but less than one cubic yard. The person shall also pay a litter cleanup restitution payment
equal to twice the actual cost of cleanup, or fifty dollars per cubic foot of litter, whichever
is greater. The court shall distribute one-half of the restitution payment to the landowner
and one-half of the restitution payment to the law enforcement agency investigating the
incident. The court may, in addition to or in lieu of part or all of the cleanup restitution
payment, order the person to pick up and remove litter from the property, with prior
permission of the legal owner or, in the case of public property, of the agency managing
the property. The court may suspend or modify the litter cleanup restitution payment for a
first-time offender under this section, if the person cleans up and properly disposes of the
litter.
(c) It is a gross misdemeanor for a person to litter in an amount of one cubic yard or
more. The person shall also pay a litter cleanup restitution payment equal to twice the
actual cost of cleanup, or one hundred dollars per cubic foot of litter, whichever is greater.
The court shall distribute one-half of the restitution payment to the landowner and one-half
of the restitution payment to the law enforcement agency investigating the incident. The -
court may, in addition to or in lieu of part or all of the cleanup restitution payment, order
the person to pick up and remove litter from the property, with prior permission of the
legal owner or, in the case of public property, of the agency managing the property. The
court may suspend or modify the litter cleanup restitution payment for a first-time offender
under this section, if the person cleans up and properly disposes of the litter.
(d) If a junk vehicle is abandoned in violation of this section, RCW 46.55.230 governs
the vehicle's removal, disposal, and sale, and the penalties that may be imposed against the
person who abandoned the vehicle.
fi (3) if the violation occurs in a state park, the court shall, in addition to any other
penalties assessed, order the person to perform twenty-four hours of community restitution
in the state park where the violation occurred if the state park has stated an intent to
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participate as provided in RCW 79A.05.050.
(4) It is a class 1 civil infraction as provided in RCW 7.80.120 for a person to discard,
in violation of this section, potentially dangerous litter in any amount.
[2003 c 337 § 3;2002 c 175 §45; 2001 c 139§ 1;2000 a 154§2; 1997 c 159 § 1; 1996 c 263 § 1; 1993 c
292§ 1; 1983 c 277 § 1; 1979 ex.s.c 39 § I; 1971 ex.s. c 307§ 6.]
NOTES:
Findings-- 2003 c 337: "(1) The legislature finds that the littering of potentially
dangerous products poses a greater danger to the public safety than other classes of litter.
Broken glass, human waste, and other dangerous materials along roadways, within parking
lots, and on pedestrian, bicycle, and recreation trails elevates the risk to public safety, such
as vehicle tire punctures, and the risk to the community volunteers who spend their time
gathering and properly disposing of the litter left behind by others. As such, the legislature
finds that a higher penalty should be imposed on those who improperly dispose of
potentially dangerous products, such as is imposed on those who improperly dispose of
tobacco products.
(2)The legislature further finds that litter is a nuisance, and, in order to alleviate such a
nuisance, counties must be provided statutory authority to declare what shall be a
nuisance, to abate a nuisance, and to impose and collect fines upon parties who may create,
cause, or commit a nuisance." [2003 c 337 § 1.]
Effective date -- 2002 c 175: See note following RCW 7.80.130.
Severability— 2000 c 154: See note following RCW 70.93.030.
Lighted material, etc. -- Receptacles in conveyances: RCW 76.04.455.
Throwing materials on highway prohibited -- Removal: RCW 46.61.645.
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RCW 9.91.010
Denial of civil rights — Terms defined.
Terms used in this section shall have the following definitions:
(1)(a) "Every person" shall be construed to include any owner, lessee, proprietor,
manager, agent or employee whether one or more natural persons, partnerships,
associations, organizations, corporations, cooperatives, legal representatives, trustees,
receivers, of this state and its political subdivisions, boards and commissions, engaged in
or exercising control over the operation of any place of public resort, accommodation,
assemblage or amusement.
(b) "Deny" is hereby defined to include any act which directly or indirectly, or by
subterfuge, by a person or his agent or employee, results or is intended or calculated to
result in whole or in part in any discrimination, distinction,restriction, or unequal
treatment, or the requiring of any person to pay a larger sum than the uniform rates
charged other persons, or the refusing or withholding from any person the admission,
patronage, custom, presence, frequenting, dwelling, staying, or lodging in any place of
public resort, accommodation, assemblage, or amusement except for conditions and
limitations established by law and applicable alike to all persons, regardless of race, creed
or color.
(c) "Full enjoyment of' shall be construed to include the right to purchase any service,
commodity or article of personal property offered or sold on, or by, any establishment to
the public, and the admission of any person to accommodations, advantages, facilities or
privileges of any place of public resort, accommodation, assemblage or amusement,
without acts directly or indirectly causing persons of any particular race, creed or color, to
be treated as not welcome, accepted, desired or solicited.
(d) "Any place of public resort, accommodation, assemblage or amusement" is hereby
defined to include,but not to be limited to, any public place, licensed or unlicensed, kept
for gain, hire or reward, or where charges are made for admission, service, occupancy or
use of any property or facilities, whether conducted for the entertainment, housing or
lodging of transient guests, or for the benefit, use or accommodation of those seeking
health, recreation or rest, or for the sale of goods and merchandise, or for the rendering of
personal services, or for public conveyance or transportation on land, water or in the air,
including the stations and terminals thereof and the garaging of vehicles, or where food or
beverages of any kind are sold for consumption on the premises, or where public
amusement, entertainment, sports or recreation of any kind is offered with or without
charge, or where medical service or care is made available, or where the public gathers,
congregates, or assembles for amusement, recreation or public purposes, or public halls,
public elevators and public washrooms of buildings and structures occupied by two or
more tenants, or by the owner and one or more tenants, or any public library or any
educational institution wholly or partially supported by public funds, or schools of special
instruction, or nursery schools, or day care centers or children's camps; nothing herein
contained shall be construed to include, or apply to, any institute, bona fide club, or place
of accommodation, which is by its nature distinctly private provided that where public use
is permitted that use shall be covered by this section; nor shall anything herein contained
apply to any educational facility operated or maintained by a bona fide religious or
sectarian institution; and the right of a natural parent in loco parentis to direct the
education and upbringing of a child under his control is hereby affirmed.
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(2) Every person who denies to any other person because of race, creed, or color, the
f \' full enjoyment of any of the accommodations, advantages, facilities or privileges of any
place of public resort, accommodation, assemblage, or amusement, shall be guilty of a
misdemeanor.
[1953 c 87 § 1; 1909 c 249§434;RRS §2686.]
NOTES:
Application forms, licenses-- Mention of race or religion prohibited -- Penalty: RCW
43.01.100.
Interference with board against discrimination: RCW 49.60.310.
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RCW 9.91.025
Unlawful bus conduct.
** CHANGE IN 2004 *** (SEE 6326.SL) ***
(1) A person is guilty of unlawful bus conduct if while on or in a municipal transit vehicle
as defined by RCW 46.04.355 or in or at a municipal transit station and with knowledge
that such conduct is prohibited, he or she:
(a) Except while in or at a municipal transit station, smokes or carries a lighted or
smoldering pipe, cigar, or cigarette;
(b) Discards litter other than in designated receptacles;
(c) Plays any radio, recorder, or other sound-producing equipment except that nothing
herein shall prohibit the use of such equipment when connected to earphones that limit the
sound to individual listeners or the use of a communication device by an employee of the
owner or operator of the municipal transit vehicle or municipal transit station;
(d) Spits or expectorates;
(c) Carries any flammable liquid, explosive, acid, or other article or material likely to
cause harm to others except that nothing herein shall prevent a person from carrying a
cigarette, cigar, or pipe lighter or carrying a firearm or ammunition in a way that is not
( otherwise prohibited by law;
(f) Intentionally obstructs or impedes the flow of municipal transit vehicles or
passenger traffic, hinders or prevents access to municipal transit vehicles or stations, or
•
otherwise unlawfully interferes with the provision or use of public transportation services;
(g) Intentionally disturbs others by engagingin loud, raucous,unruly, harmful, or
harassing behavior; or
(h) Destroys, defaces, or otherwise damages property of a municipality as defined in
RCW 35.58.272 employed in the provision or use of public transportation services.
(2) For the purposes of this section, "municipal transit station" means all facilities,
structures, lands, interest in lands, air rights over lands, and rights of way of all kinds that
are owned, leased,held, or used by a municipality as defined in RCW 35.58.272 for the
purpose of providing public transportation services, including, but not limited to, park and
ride lots, transit centers and tunnels, and bus shelters.
(3)Unlawful bus conduct is a misdemeanor.
[1994 c 45 §4; 1992 c 77 § 1; 1984 c 167 § 1.]
NOTES:
Findings--Declaration -- Severability-- 1994 c.45: See notes following RCVS/
7.48.140.
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Drinking in public conveyance: RCW 66.44.250.
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RCW 9.91.060
Leaving children unattended in parked automobile.
Every person having the care and custody, whether temporary or permanent, of minor
children under the age of twelve years, who shall leave such children in a parked
automobile unattended by an adult while such person enters a tavern or other premises
where vinous, spirituous, or malt liquors are dispensed for consumption on the premises
shall be guilty of a gross misdemeanor.
[1999 c 143 § 9; 1951 c270§ 17.]
NOTES:
Leaving children unattended in standing vehicle with motor running: RCW 46.61.685.
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RCW 9.91.110
Metal buyers — Records of purchases -- Penalty.
(1) It shall be unlawful for any person, firm or corporation engaged in the business of
( ) YP 1 m
buying or otherwise obtaining new, used or secondhand metals to purchase or otherwise
obtain such metals unless a permanent record of the purchase of such metals is maintained:
PROVIDED, That no such record need be kept of purchases made by or from a
manufacturer, remanufacturer or distributor appointed by a manufacturer of such metals.
For the purpose of this section the term "metals" shall mean copper, copper wire,
copper cable, copper pipe, copper sheets and tubing, copper bus, aluminum wire, brass
pipe, lead, electrolytic nickel and zinc.
(2) The permanent record required by subsection (1) of this section shall contain the
following:
(a) a general description of all property purchased;
(b) the type and quantity or weight;
(c) the name, address, driver's license number, and signature of the seller or the person
making delivery; and,
(d) a description of any motor vehicle and the license number thereof used in the
delivery of such metals.
The information so recorded shall be retained by the purchaser for a period of not less
than one year.
(3) Any violation of this section is punishable, upon conviction, by a fine of not more
than five hundred dollars or by imprisonment in the county jail for not more than six
months, or by both such fine and imprisonment.
[1971 ex.s.c 302 § 18]
NOTES:
Severability— 1971 ex.s. c 302: See note following RCW 9.41.010.
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RCW 9.91.130
Disposal of trash in charity donation receptacle.
(I) It is unlawful for any person to throw, drop, deposit, discard, or otherwise dispose of
any trash, including, but not limited to items that have deteriorated to the extent that they
are no longer of monetary value or of use for the purpose they were intended; garbage,
including any organic matter; or litter, in or around a receptacle provided by a charitable
organization, as defined in R.CW 19.09.020(2), for the donation of clothing, property, or
other thing of monetary value to be used for the charitable purposes of such organization.
(2) Charitable organizations must post a clearly visible notice on the donation
receptacles warning of the existence and content of this section and the penalties for
violation of its provisions, as well as a general identification of the items which are
appropriate to be deposited in the receptacle.
(3) Any person violating the provisions of this section shall be guilty of a misdemeanor,
and the fine for such violation shall be not less than fifty dollars for each offense.
(4)Nothing in this section shall preclude a charitable organization which maintains the
receptacle from pursuing a civil action and seeking whatever damages were sustained by
reason of the violation of the provisions of this section. For a second or subsequent
violation of this section, such person shall be liable for treble the amount of damages done
by the person, but in no event less than two hundred dollars, and such damages may be
recovered in a civil action before any district court judge.
[1987 c 385 § 1.]
NOTES:
Severability-- 1987 c 385: "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." [1987 c 385 § 2.]
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RCW 9.02.050
Concealing birth.
Every person who shall endeavor to conceal the birth of a child by any disposition of its
dead body, whether the child died before or after its birth, shall be guilty of a gross
misdemeanor.
[1909 c 249§200;RRS§2452.]
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RCW 9.44.080
Misconduct in signing a petition.
In a situation not covered by *RCW 29.79.440, 29.79.490, 29.82.170, or 29.82.220, every
person who shall willfully sign the name of another person or of a fictitious person, or for
any consideration, gratuity or reward shall sign his own name to or withdraw his name
from any referendum or other petition circulated in pursuance of any law of this state or
any municipal ordinance; or in signing his name to such petition shall willfully subscribe
to any false statement concerning his age, citizenship, residence or other qualifications to
sign the same; or knowing that any such petition contains any such false or wrongful
signature or statement, shall file the same, or put the same off with intent that it should be
filed, as a true and genuine petition, shall be guilty of a misdemeanor.
1999 c 143 §4; 1909 c 249§ 337;RRS§ 2589.]
•
NOTES:
*Reviser's note: RCW 29.79.440, 29.79.490, 29.82.170, and 29.82.220 were
recodified as RCW 29A.84.230, 29A.84.250, 29A.84.240, and 29A.84.220, respectively,
pursuant to 2003 c 111 § 2401, effective July 1, 2004.
Forgery: RCW 9A.60.020.
Initiative and referendum petition forgery: RCW 29A.84.230, 29A.84.250.
Recall petition forgery: RCW 29A.84.240, 29A.84.220.
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RCW 9A.76.010
Definitions.
The following definitions are applicable in this chapter unless the context otherwise
requires:
(1) "Custody" means restraint pursuant to a lawful arrest or an order of a court, or any
period of service on a work crew: PROVIDED, That custody pursuant to chapter 13.34
RCW and RCW 74.13.020 and 74.13.031 and chapter 13.32A RCW shall not be deemed
custody for purposes of this chapter;
(2) "Detention facility" means any place used for the confinement of a person (a)
arrested for, charged with or convicted of an offense, or(b) charged with being or •
adjudicated to be a juvenile offender as defined in RCW 13.40.020 as now existing or
hereafter amended, or(c)held for extradition or as a material witness, or(d) otherwise
confined pursuant to an order of a court, except an order under chapter 13.34 RCW or
chapter 13.32A RCW, or(e) in any work release, furlough, or other such facility or
program;
(3) "Contraband" means any article or thing which a person confined in a detention
facility is prohibited from obtaining or possessing by statute, rule,regulation, or order of a
court;
(4) "Uncontrollable circumstances" means an act of nature such as a flood, earthquake,
or lire, or a medical condition that requires immediate hospitalization or treatment, or an
act of man such as an automobile accident or threats of death, forcible sexual attack, or
substantial bodily injury in the immediate future for which there is no time for a complaint
to the authorities and no time or opportunity to resort to the courts.
[2001 c 264§4; 1991 c 181 § 6; 1979 c 155 §35; 1977 ex.s.c 291 § 53; 1975 1st ex.s. c 260§ 9A.76.010.]
NOTES:
Effective date-- 2001 c 264: See note following RCW 9A.76.110.
Effective date -- Severability-- 1979 c 155: See notes following RCW 13.04.011.
Effective dates -- Severability-- 1977 ex.s. c 291: See notes following RCW
13.04.005.
•
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RCW 9A.76.020
Obstructing a law enforcement officer. ,
(1)A person is guilty of obstructing a law enforcement officer if the person willfully
hinders, delays, or obstructs any law enforcement officer in the discharge of his or her
official powers or duties.
(2) "Law enforcement officer" means any general authority, limited authority, or
specially commissioned Washington peace officer or federal peace officer as those terms
are defined in RCW 10.93.020, and other public officers who are responsible for
enforcement of fire, building, zoning, and life and safety codes.
(3) Obstructing a law enforcement officer is a gross misdemeanor.
[2001 c 308 § 3.Prior. 1995 c 285 §33; 1994 c 196§ 1; 1975 1st ex.s.c 260 §9A.76.020.)
NOTES:
Purpose-- Effective date -- 2001 c 308: See notes following RCW 9A.76.175.
Effective date -- 1995 c 285: See RCW 48.30A.900.
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RCW 9A.76.030
Refusing to summon aid for a peace officer.
1 A person is guilty of refusing to summon aid for peace officer if, upon request by a
( ) p' g � g p � P Q Y
person he knows to be a peace officer, he unreasonably refuses or fails to summon aid for
such peace officer. -
•
(2) Refusing to summon aid for a peace officer is a misdemeanor.
[1975 1st ex.s.c 260§9A.76.030.J
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RC«' 9A.76.040
Resisting arrest.
(1) A person is guilty of resisting arrest if he intentionally prevents or attempts to prevent a
peace officer from lawfully arresting him.
(2) Resisting arrest is a misdemeanor.
[1975 1st ex.s.c 260§ 9A.76.0401
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RCW 9A.76.050
Rendering criminal assistance-- Definition of term.
As used in RCW 9A.76.070, 9A.76.080, and 9A.76.090, a person "renders criminal
assistance" if, with intent to prevent, hinder, or delay the apprehension or prosecution of
another person who he knows has committed a crime or juvenile offense or is being sought
by law enforcement officials for the commission of a crime or juvenile offense or has
escaped from a detention facility, he:
(1) Harbors or conceals such person; or
(2) Warns such person of impending discovery or apprehension; or
(3) Provides such person with money, transportation, disguise, or other means of
avoiding discovery or apprehension; or
(4) Prevents or obstructs,by use of force, deception, or threat, anyone from performing
an act that might aid in the discovery or apprehension of such person; or
(5) Conceals, alters, or destroys any physical evidence that might aid in the discovery
or apprehension of such person; or
(6) Provides such person with a weapon.
[1982 1st ex.s.c 47§20; 1975 1st ex.s.c 260§9A.76.050.]
NOTES:
Severability-- 1982 1st ex.s. c 47: See note following RCW 9.41.190.
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RCW 9A.76.060
Relative defined.
As used in RCW 9A.76.070 and 9A.76.080, "relative" means a person:
(1) Who is related as husband or wife, brother or sister, parent or grandparent, child or
grandchild, step-child or step-parent to the person to whom criminal assistance is rendered;
and
(2) Who does not render criminal assistance to another person in one or more of the
means defined in subsections (4), (5), or(6) of RCW 9A.76.050.
[1975 1st ex.s. c 260§ 9A.76.060,]
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RCW 9A.76.070
Rendering criminal assistance in the first degree. (Effective until July 1, 2004.)
(1) A person is guilty of rendering criminal assistance in the first degree if he renders
criminal assistance to a person who has committed or is being sought for murder in the
first degree or any class A felony or equivalent juvenile offense.
(2) Rendering criminal assistance in the first degree is:
(a) A gross misdemeanor if it is established by a preponderance of the evidence that the
actor is a relative as defined in RCW 9A.76.060;
(b) A class C felony in all other cases.
[1982 1st ex.s.c 47 § 21; 1975 1st ex.s.c 260§9A.76.070.]
•
NOTES:
Severability-- 1982 1st ex.s. c 47: See note following RCW 9.41.190.
RCW 9A.76.070
Rendering criminal assistance in the first degree. (Effective July 1, 2004.)
(1)A person is guilty of rendering criminal assistance in the first degree if he or she
renders criminal assistance to a person who has committed or is being sought t for murder in
J the first degree or any class A felony or equivalent juvenile offense. -
(2)(a) Except as provided in (b) of this subsection, rendering criminal assistance in the
first degree is a class C felony.
(b) Rendering criminal assistance in the first degree is a gross misdemeanor if it is
established by a preponderance of the evidence that the actor is a relative as defined in
RCW 9A.76.060.
[2003 c 53 § 83; 1982 1st cx.s.c 47§21; 1975 1st ex.s.c 260§ 9A.76.070.]
NOTES:
Intent-- Effective date -- 2003 c 53: See notes following RCW 2.48.180.
Severability-- 1982 1st ex.s. c 47: See note following RCW 9.41.190.
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RCW 9A.76.080
Rendering criminal assistance in the second degree. (Effective until July 1, 2004.)
(1) A person is guilty of rendering criminal assistance in the second degree if he renders
criminal assistance to a person who has committed or is being sought for a class B or class
C felony or an equivalent juvenile offense or to someone being sought for violation of
parole, probation, or community supervision.
(2) Rendering criminal assistance in the second degree is:
(a) A misdemeanor if it is established by a preponderance of the evidence that the actor
is a relative as defined in RCW 9A.76.060;
(b)A gross misdemeanor in all other cases.
[1982 1st ex.s. c 47§ 22; 1975 1st ex.s.c 260 §9A.76.080.]
NOTES:
Severability-- 1982 1st ex.s. c 47: See note following RCW 9.41.190.
RCW 9A.76.080
Rendering criminal assistance in the second degree. (Effective July 1, 2004.)
(1) A person is guilty of rendering criminal assistance in the second degree if he or she
renders criminal assistance to a person who has committed or is being sought for a class B
or class C felony or an equivalent juvenile offense or to someone being sought for
violation of parole,probation, or community supervision.
(2)(a) Except as provided in (b) of this subsection, rendering criminal assistance in the
second degree is a gross misdemeanor.
(b) Rendering criminal assistance in the second degree is a misdemeanor if it is
established by a preponderance of the evidence that the actor is a relative as defined in
RCW 9A.76.060.
[2003 c 53 § 84; 1982 1st ex.s.c 47 §22; 1975 1st ex.s.c 260§9A.76.080.]
NOTES:
Intent— Effective date-- 20(13 c 53: See notes following RCW 2.48.180.
Severability-- 1982 1st ex.s. c 47: See note following RCW 9.41.190.
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RCW 9A.76.090
Rendering criminal assistance in the third degree.
(1) A person is guilty of rendering criminal assistance in the third degree if he renders
criminal assistance to a person who has committed a gross misdemeanor or misdemeanor.
(2) Rendering criminal assistance in the third degree is a misdemeanor.
[1975 1st ex.s.c 260§9A.76.090.]
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Pan 1ofl.
RCW 9A.76.100
Compounding.
•
V (1) A person is guilty of compounding if:
(a) He requests, accepts, or agrees to accept any pecuniary benefit pursuant to an
agreement or understanding that he will refrain from initiating a prosecution for a crime; or
(b) He confers, or offers or agrees to confer, any pecuniary benefit upon another
pursuant to an agreement or understanding that such other person will refrain from
initiating a prosecution for a crime.
(2) In any prosecution under this section, it is a defense if established by a
preponderance of the evidence that the pecuniary benefit did not exceed an amount which
the defendant reasonably believed to be due as restitution or indemnification for harm
caused by the crime.
(3) Compounding is a gross misdemeanor.
[1975 1st ex.s.c 260§ 9A.76.100.]
•
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RCW 9A.76.130
Escape in the third degree.
(1)A person is guilty of escape in the third degree if he escapes from custody.
(2) Escape in the third degree is a gross misdemeanor.
(1975 1st ex.s.c 260§ 9A.76.130.]
NOTES:
Term of escaped prisoner recaptured: RCW 9.31.090.
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RCW 9A.76.160
Introducing contraband in the third degree.
(1)A person is guilty of introducing contraband in the third degree if he knowingly and
unlawfully provides contraband to any person confined in a detention facility.
(2) Introducing contraband in the third degree is a misdemeanor.
[1975 1st ex.s.c 260§ 9A.76.160.1
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RCW 9A.7 .170
Bail jumping.
(1) Any person having been released by court order or admitted to bail with knowledge of
the requirement of a subsequent personal appearance before any court of this state, or of
the requirement to report to a correctional facility for service of sentence, and who fails to
appear or who fails to surrender for service of sentence as required is guilty of bail
jumping.
- ( ) it is an affirmative defense to a prosecution under this section that uncontrollable
circumstances prevented the person from appearing or surrendering, and that the person •
did not contribute to the creation of such circumstances in reckless disregard of the
requirement to appear or surrender, and that the person appeared or surrendered as soon as
such circumstances ceased to exist.
(3) Bail jumping is:
(a) A class A felony if the person was held far, charged with, or convicted of murder in
the first degree;
(b) A class B felony if the person was held for. charged with, or convicted of a class A.
felony other than murder in the first degree;
(c) A class C felony if the person was held for, charged with, or convicted of a class B
or class C felony;
(d) A misdemeanor if the person was held for, charged with, or convicted of a gross
misdemeanor or misdemeanor_
[2001 c 264 3; 195'3 lst cx_s_c 4 3: 1975 1st ex.s.c 260 § 9A.76.170.] •
NOTES:
Effective date — 2001. c 2.64: See note following RCW 9A,76.110.
everahility — 1983 1st ex.s. c 4: See note following RCW 9A.48,070
•
•
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RCW 9 . 62 CHAPTER Page 1 of 2
Chapter 9.62 RCW
MALICIOUS PROSECUTION —ABUSE OF PROCESS
- 1 RCW SECTIONS
.62.010 Malicious prosecution.
9.62.020 Instituting suit in name of another.
RCW 9.62.010
Malicious prosecution. (Effective until July 1, 2004.)
Every person who shall, maliciously and without probable cause therefor, cause or attempt to cause
another to be arrested or proceeded against for any crime of which he or she is innocent:
(1) If such crime be a felony, shall be punished by imprisonment in a state correctional facility for not
more than five years; and
(2) If such crime be a gross misdemeanor or misdemeanor, shall be guilty of a misdemeanor.
[1992 c 7 § 15; 1909 c 249 § 117;Code. 1881 § 899; 1873 p 203 §98; 1854 p 92 § 89; RRS§ 2369.]
RCW 9.62.010
Malicious prosecution. (Effective July 1, 2004.)
Every person who shall, maliciously and without probable cause therefor, cause or attempt to cause
another to be arrested or proceeded against for any crime of which he or she is innocent:
(1) If such crime be a felony, is guilty of a class C felony and shall be punished by imprisonment in a
state correctional facility for not more than five years; and
(2) If such crime be a gross misdemeanor or misdemeanor, shall be guilty of a misdemeanor.
[2003 c 53 §40; 1992 c 7 § 15; 1909 c 249 § 117; Code 1881 § 899; 1873 p 203 § 98; 1854 p 92 § 89;RRS§2369.]
NOTES:
Intent— Effective date — 2003 c 53: See notes following RCW 2.48.180.
RCW 9.62.020
Instituting suit in name of another.
Every person who shall institute or prosecute any action or other proceeding in the name of another,
without his consent and contrary to law, shall be guilty of a gross misdemeanor.
[1909 c 249 § 124; R.RS §2376.]
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RCW 9A.80.O10
Official misconduct.
(1) A public servant is guilty of official misconduct if, with intent to obtain a benefit or to
deprive another person of a lawful right or privilege:
(a) He intentionally commits an unauthorized act under color of law; or
(b) IIe intentionally refrains from performing a duty imposed upon him by law.
(2) Official misconduct is a gross misdemeanor.
[1975-'76 2nd ex.s.c 38§ 17; 1975 1st ex.s. c 260 §9A.80.0101
NOTES:
Effective date-- Severability -- 1975-'76 2nd ex.s. c 38: See notes following RCW
9A.08.020.
Failure of duty by public officers: RCW 42.20.100.
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RCW 9A.88.030
Prostitution.
(1)A person is guilty of prostitution if such person engages or agrees or offers to engage
in sexual conduct with another person in return for a fee.
(2) For purposes of this section, "sexual conduct" means "sexual intercourse" or "sexual
contact," both as defined in chapter 9A.44 RCW.
(3) Prostitution is a misdemeanor.
[1988 c 145§ 16; 1979 ex.s.c 244§ 15; 1975 1st ex.s.c 260§ 9A.88.030.]
NOTES:
Effective date-- Savings-- Application-- 1988 c 145: See notes following RCW
9A.44.010.
Effective date -- 1979 ex.s. c 244: See RCW 9A.44.902.
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RCW 9A.88.050
Prostitution-- Sex of parties immaterial -- No defense.
In any prosecution for prostitution, the sex of the two parties or prospective parties to the
sexual conduct engaged in, contemplated, or solicited is immaterial, and it is no defense
that:
(1) Such persons were of the same sex; or
(2) The person who received, agreed to receive, or solicited a fee was a male and the
person who paid or agreed or offered to pay such fee was female.
[1975 1st ex.s. c 260§ 9A.88.050.]
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RCW 9A.88.060
Promoting prostitution — Definitions.
The following definitions are applicable in RCW 9A.88.070 through 9A.88.090:
(1) "Advances prostitution." A person "advances prostitution" if, acting other than as a
prostitute or as a customer thereof, he causes or aids a person to commit or engage in
prostitution, procures or solicits customers for prostitution, provides persons or premises
for prostitution purposes, operates or assists in the operation of a house of prostitution or a
prostitution enterprise, or engages in any other conduct designed to institute, aid, or
facilitate an act or enterprise of prostitution.
(2) "Profits from prostitution." A person "profits from prostitution" if, acting other than
as a prostitute receiving compensation for personally rendered prostitution services, he
accepts or receives money or other property pursuant to an agreement or understanding
with any person whereby he participates or is to participate in the proceeds of prostitution
activity.
[1975 1st ex.s.c 260§ 9A.88.060.]
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RCW 9A.88.990
Permitting prostitution.
i .
(1) A person is guilty of permitting prostitution if, having possession or control of
premises which he knows are being used for prostitution purposes, he fails without lawful
excuse to make reasonable effort to halt or abate such use.
(2) Permitting prostitution is a misdemeanor.
[1975 1st ex.s. c 260§ 9A.88.090.]
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RCW 9A.88.110
Patronizing a prostitute.
(1) A person is guilty of patronizing a prostitute if:
(a) Pursuant to a prior understanding, he or she pays a fee to another person as
compensation for such person or a third person having engaged in sexual conduct with him
or her; or
(b) He or she pays or agrees to pay a fee to another person pursuant to an understanding
that in return therefor such person will engage in sexual conduct with him or her; or
(c) He or she solicits or requests another person to engage in sexual conduct with him
or her in return for a fee.
(2) For purposes of this section, "sexual conduct" has the meaning given in RCW
9A.88.030.
(3) Patronizing a prostitute is a misdemeanor.
[1988 c 146 4.]
NOTES:
Severability-- Effective dates — 1988 c 146: See notes following RCW 9A.44.050.
( .
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RCW 9A.84.010
Riot. (Effective until July 1, 2004.)
(1) A person is guilty of the crime of riot if, acting with three or more other persons, he
knowingly and unlawfully uses or threatens to use force, or in any way participates in the
use of such force, against any other person or against property.
(2) The crime of riot is:
(a) A class C felony, if the actor is armed with a deadly weapon;
(b) A gross misdemeanor in all other cases.
11975 I st ex.s.c 260 §9A.84.010.]
RCW 9A.84.010
Riot. (Effective July 1, 2004.)
(1) A person is guilty of the crime of riot if, acting with three or more other persons, he or
she knowingly and unlawfully uses or threatens to use force, or in any way participates in
the use of such force, against any other person or against property.
(2)(a) Except as provided in (b) of this subsection, the crime of riot is a gross
misdemeanor.
(b) The crime of riot is a class C felony if the actor is armed with a deadly weapon.
12003 c 53 §91; 1975 1st cx.s.c 260 §9A.84.0101
NOTES:
Intent-- Effective date -- 2003 c 53: See notes following RCW 2.48.180.
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RCN' 9A.84.020
Failure to disperse.
- (1) A person is guilty of failure to disperse if:
(a) He congregates with a group of three or more other persons and there are acts of
conduct within that group which create a substantial risk of causing injury to any person;
or substantial harm to property; and
(b) He refuses or fails to disperse when ordered to do so by a peace officer or other
public servant engaged in enforcing or executing the law.
(2) Failure to disperse is a misdemeanor.
[1975 1st cx.s.c 260§ 9A.84.020.]
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RCW 9A.84.040
False reporting.
(1) A person is guilty of false reporting if with knowledge that the information reported,
conveyed or circulated is false, he initiates or circulates a false report or warning of an
alleged occurrence or impending occurrence of a fire, explosion, crime, catastrophe, or
emergency knowing that such false report is likely to cause evacuation of a building, place
of assembly, or transportation facility, or to cause public inconvenience or alarm.
(2) False reporting is a gross misdemeanor.
[1975 1st ex.s.c 260§ 9A.84.040.]
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RCW 9 . 27 CHAPTER Page 1 of 1
Chapter 9.27 RCW
INTERFERENCE WITH COURT
RCW SECTIONS
9.27.015 Interference, obstruction of any court, building, or residence-- Violations.
NOTES:
Disturbing school or school meeting: RCW 28A.635.030.
RCW 9.27.015
Interference, obstruction of any court, building, or residence -- Violations.
Whoever, interfering with, obstructing, or impeding the administration of justice, pickets or parades in
or near a building housing a court of the state of Washington or any political subdivision thereof, or in
or near a building or residence occupied or used by such judge,juror, witness, or court officer, or uses
any sound-truck or similar device or resorts to any other demonstration in or near any such building or
residence, shall be guilty of a gross misdemeanor.
Nothing in this section shall interfere with or prevent the exercise by any court of the state of
Washington or any political subdivision thereof of its power to punish for contempt.
_ 1 [1971 ex.s.c 302 § 16.]
NOTES:
Severability— 1971 ex.s. c 302: See note following RCW 9.41.010.
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Chapter 9.66 RCW
NUISANCE
RCW SECTIONS
9.66.010 Public nuisance.
• 9.66.020 Unequal damage.
9.66.030 Maintaining or permitting nuisance.
9.66.040 Abatement of nuisance.
9.66.050 Deposit of unwholesome substance.
NOTES:
Cemeteries established illegally: RCW 68.56.040.
Furnishing impure water: RCW 70.54.020.
Malicious mischief-- Injury to property: Chapters 9.61, 9A.48 RCW.
Mausoleums and columbariums constructed illegally: RCW 68.28.060.
Nuisances: Chapter 7.48 RCW.
nPoisoning food or water: RCW 69.40.030.
Sexually transmitted disease control, penalty: RCW 70.24.080.
RCW 9.66.010
Public nuisance.
A public nuisance is a crime against the order and economy of the state. Every place
(1) Wherein any fighting between people or animals or birds shall be conducted; or,
(2) Wherein any intoxicating liquors are kept for unlawful use, sale or distribution; or,
(3) Where vagrants resort; and
Every act unlawfully done and every omission to perform a duty, which act or omission ,
(1) Shall annoy, injure or endanger the safety, health, comfort, or repose of any considerable number
of persons; or,
(2) Shall offend public decency; or,
(3) Shall unlawfully interfere with,befoul, obstruct, or tend to obstruct, or render dangerous for
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RCW 9 . 66 CHAPTER Page 2 of 3
passage, a lake, navigable river, bay, stream, canal or basin, or a public park, square, street, alley,
highway, or municipal transit vehicle or station; or,
(4) Shall in any way render a considerable number of persons insecure in life or the use of property;
Shall be a public nuisance.
[1994 c 45 §3; 1971 ex.s.c 280§22; 1909 c 249§ 248; 1895 c 14§ 1;Code 1881 § 1246;RRS§ 2500.]
NOTES:
Findings-- Declaration — Severability-- 1994 c 45: See notes following RCW 7.48.140.
Severability— Construction — 1971 ex.s. c 280: "If any provision of this 1971 amendatory 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: PROVIDED, That should provisions
of this 1971 amendatory act pertaining to the playing of bingo, or holding raffles,permitting the
operation of amusement games be held invalid or unconstitutional by the supreme court of the state of
Washington as being violative of Article 11, section 24, of the Constitution of the state of Washington,
then the provisions hereof relating to each such item as aforesaid specifically declared invalid or
unconstitutional by such court shall remain inoperative unless and until the qualified electors of this
state shall approve an amendment to Article I1, section 24, of the Constitution which may remove any
constitutional restrictions against the legislature enacting such laws." [1971 ex.s. c 280 § 211
Boxing and wrestling regulated: Chapter 67.08 RCW.
Devices simulating traffic control signs declared public nuisance: RCW 47.36.180.
Highway obstructions: Chapter 47.3,2 RCW.
Navigation, obstructing: Chapter 88.28 RCW.
Parimutuel betting on horse races permitted: RCW 67.16.060.
RCW 9.66.020
Unequal damage.
An act which affects a considerable number of persons in any of the ways specified in RCW 9.66.010 is
not less a public nuisance because the extent of the damage is unequal.
•
[1909 c 249§249; Code 1881 § 1236; 1875 p 79§ 2;RRS§2501.]
RCW 9.66.030
Maintaining or permitting nuisance.
Every person who shall commit or maintain a public nuisance, for which no special punishment is
prescribed; or who shall wilfully omit or refuse to perform any legal duty relating to the removal of such
nuisance; and every person who shall let, or permit to be used, any building or boat, or portion thereof,
knowing that it is intended to be, or is being used, for committing or maintaining any such nuisance,
shall be guilty of a misdemeanor.
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RCW 9 . 66 CHAPTER Page 3 of 3
[1909 c 249§250;Code 1 881 § 1248; l 875 p 8 I § 14;RRS§ 2502.]
`_ RCW 9.66.040
Abatement of nuisance.
Any court or magistrate before whom there may be pending any proceeding for a violation of RCW
9.66.030, shall, in addition to any fine or other punishment which it may impose for such violation,
order such nuisance abated, and all property unlawfully used in the maintenance thereof destroyed by
the sheriff at the cost of the defendant: PROVIDED, That if the conviction was had in a district court,
the district judge shall not issue the order and warrant of abatement, but on application therefor, shall
transfer the cause to the superior court which shall proceed to try the issue of abatement in the same
manner as if the action had been originally commenced therein.
[1987 c 202 § 140; 1957 c 45 §4; 1909 c 249§ 251;Code 1881 §§ 1244, 1245; 1 875 p 80§§ 10, 11;RRS§2503.]
NOTES:
Intent-- 1987 c 202: See note following RCW 2.04.190.
Jurisdiction to abate a nuisance: State Constitution Art. 4 § 6 (Amendment 28).
RCW 9.66.050
Deposit of unwholesome substance.
Every person who shall deposit, leave or keep, on or near a highway or route of public travel, on land or
) water, any unwholesome substance; or who shall establish, maintain or carry on, upon or near a highway
or route of public travel, on land or water, any business, trade or manufacture which is noisome or
detrimental to the public health; or who shall deposit or cast into any lake, creek or river, wholly or
partly in this state, the offal from or the dead body of any animal, shall be guilty of a gross
misdemeanor.
[1909 c 249§285; RRS § 2537.]
NOTES:
Discharging ballast: RCW 88.28.060.
Disposal of dead animals: Chapter 16.68 RCW.
Water pollution: Chapter 35.88 RCW, RCW 70.54.010 through 70.54.030, chapter 90.48 RCW.
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RCW 9A.48.010
Definitions.
\-• (1) For the purpose of this chapter, unless the context indicates otherwise:
(a) ":building" has the definition in RCW 9A.04.110(5), and where a building consists
of two or more units separately secured or occupied, each unit shall not be treated as a
separate building;
(b) "Damages", in addition to its ordinary meaning, includes any charring, scorching,
burning, or breaking, or agricultural or industrial sabotage, and shall include any
diminution in the value of any property as a consequence of an act;
(c) "Property of another" means property in which the actor possesses anything less
than exclusive ownership.
(2) To constitute arson it is not necessary that a person other than the actor has
ownership in the building or structure damaged or set on fire.
[2002 c 32 § 1; 1975-'76 2nd ex.s.c 38 § 6; 1975 1st ex.s.c 260§ 9A.48.010.]
NOTES:
Effective date --2002 c 32: "This act is necessary for the immediate preservation of
the public peace, health, or safety, or support of the state government and its existing
public institutions, and takes effect immediately [March 12, 2002]." [2002 c 32 § 2.]
Effective date -- Severability-- 1975-'76 2nd ex.s. c 38: See notes following RCW
9A.08.020.
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RCW 9A.48.050
Reckless burning in the second degree.
\\__/
(1) A person is guilty of reckless burning in the second degree if he knowingly causes a
fire or explosion, whether on his own property or that of another, and thereby recklessly
places a building or other structure, or any vehicle, railway car, aircraft, or watercraft, or
any hay, grain, crop or timber, whether cut or standing, in danger of destruction or
damage.
(2) Reckless burning in the second degree is a gross misdemeanor.
[1975 1st ex.s.c 260§ 9A.48.050.]
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RCW 9A.48.060
Reckless burning-- Defense.
l`/ In any prosecution for the crime of reckless burning in the first or second degrees, it shall
be a defense if the defendant establishes by a preponderance of the evidence that:
(a) No person other than the defendant had a possessory, or pecuniary interest in the
damaged or endangered property, or if other persons had such an interest, all of them
consented to the defendant's conduct; and
(b) The defendant's sole intent was to destroy or damage the property for a lawful
purpose.
[1975 1st ex.s.c 240§9A.48.060.]
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RCW 9A.48.090
Malicious mischief in the third degree. (Effective until July 1, 2004.)
(1) A person is guilty of malicious mischief in the third degree if he or she:
(a) Knowingly and maliciously causes physical damage to the property of another,
under circumstances not amounting to malicious mischief in the first or second degree; or
(b) Writes, paints, or draws any inscription, figure, or mark of any type on any public or
private building or other structure or any real or personal property owned by any other
person unless the person has obtained the express permission of the owner or operator of
the property,under circumstances not amounting to malicious mischief in the first or
second degree.
(2)(a) Malicious mischief in the third degree under subsection (1)(a) of this section is a
gross misdemeanor if the damage to the property is in an amount exceeding fifty dollars;
otherwise, it is a misdemeanor.
(b) Malicious mischief in the third degree under subsection(1)(b) of this section is a
gross misdemeanor.
[1996 c 35§ 1; 1975 1st ex.s.c 260§ 9A.48.090.]
RCW 9A.48.090
Malicious mischief in the third degree. (Effective July 1, 2004.)
(1) A person is guilty of malicious mischief in the third degree if he or she:
(a) Knowingly and maliciously causes physical damage to the property of another,
under circumstances not amounting to malicious mischief in the first or second degree; or
(b) Writes, paints, or draws any inscription, figure, or mark of any type on any public or
private building or other structure or any real or personal property owned by any other
person unless the person has obtained the express permission of the owner or operator of
the property, under circumstances not amounting to malicious mischief in the first or
second degree.
(2)(a) Malicious mischief in the third degree under subsection (1)(a) of this section is a
gross misdemeanor if the damage to the property is in an amount exceeding fifty dollars.
(b) Malicious mischief in the third degree under subsection (l)(a) of this section is a
misdemeanor if the damage to the property is fifty dollars or less.
(c) Malicious mischief in the third degree under subsection (1)(b) of this section is a
gross misdemeanor.
[2003 c 53 § 7 1; 1996 c 35§ 1; 1975 I st ex.s. c 260§ 9A.48.090.]
NOTES:
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Intent-- Effective date-- 2003 c 53: See notes following RCW 2.48.180.
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RCW 9A.48.100
Malicious mischief-- "Physical damage" defined.
J�
For the purposes of RCW 9A.48.070 through 9A.48.090 inclusive:
(1) "Physical damage", in addition to its ordinary meaning, shall include the total or
partial alteration, damage, obliteration, or erasure of records, information, data, computer
programs, or their computer representations, which are recorded for use in computers or
the impairment, interruption, or interference with the use of such records, information,
data, or computer programs, or the impairment, interruption, or interference with the use of
any computer or services provided by computers. "Physical damage" also includes any
diminution in the value of any property as the consequence of an act;
(2) If more than one item of property is physically damaged as a result of a common
scheme or plan by a person and the physical damage to the property would, when
considered separately, constitute mischief in the third degree because of value, then the
value of the damages may be aggregated in one count. If the sum of the value of all the
physical damages exceeds two hundred fifty dollars, the defendant may be charged with
and convicted of malicious mischief in the second degree.
11984 c 273 §4; 1981 c 260 § 2.Prior: 1979 ex.s.c 244§ 11; 1979 c 145 §3; 1977 ex.s.c 174§ 1; 1975 1st
cx.s.c 260 §9A.48.100.)
NOTES:
Effective date-- 1979 ex.s. c 244: See RCW 9A.44.902.
Action by owner of stolen livestock: RCW 4.24.320.
Computer trespass: RCW 9A.52.110 through 9A.52.130.
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RCW 9A.44.O10
Definitions.
As used in this chapter:
(1) "Sexual intercourse" (a) has its ordinary meaning and occurs upon any penetration,
however slight, and
(b) Also means any penetration of the vagina or anus however slight, by an object,
when committed on one person by another, whether such persons are of the same or
opposite sex, except when such penetration is accomplished for medically recognized
treatment or diagnostic purposes, and
(c) Also means any act of sexual contact between persons involving the sex organs of
one person and the mouth or anus of another whether such persons are of the same or
opposite sex.
(2) "Sexual contact" means any touching of the sexual or other intimate parts of a
person done for the purpose of gratifying sexual desire of either party or a third party.
(3) "Married" means one who is legally married to another,but does not include a
•
person who is living separate and apart from his or her spouse and who has filed in an
appropriate court for legal separation or for dissolution of his or her marriage.� (4) "Mental incapacity" is that condition existing at the time of the offense which
) prevents a person from understanding the nature or consequences of the act of sexual
intercourse whether that condition is produced by illness, defect, the influence of a
substance or from some other cause.
(5) "Physically helpless" means a person who is unconscious or for any other reason is
physically unable to communicate unwillingness to an act.
(6) "Forcible compulsion" means physical force which overcomes resistance, or a
threat, express or implied, that places a person in fear of death or physical injury to herself
or himself or another person, or in fear that she or he or another person will be kidnapped.
(7) "Consent" means that at the time of the act of sexual intercourse or sexual contact
there are actual words or conduct indicating freely given agreement to have sexual
intercourse or sexual contact.
(8) "Significant relationship" means a situation in which the perpetrator is:
(a) A person who undertakes the responsibility, professionally or voluntarily, to provide
education, health, welfare, or organized recreational activities principally for minors;
(b) A person who in the course of his or her employment supervises minors; or
(c) A person who provides welfare, health or residential assistance, personal care, or
organized recreational activities to frail elders or vulnerable adults, including a provider,
employee, temporary employee, volunteer, or independent contractor who supplies
services to long-term care facilities licensed or required to be licensed under chapter 18.20,
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1 8.51, 72.36, or 70.128 RCW, and home health, hospice, or home care agencies licensed
or required to be licensed under chapter 70.127 RCW, but not including a consensual
sexual partner.
(9) "Abuse of a supervisory position" means a direct or indirect threat or promise to use
authority to the detriment or benefit of a minor.
_ (10) "Developmentally disabled," for purposes of RCW 9A.44.050(1)(c) and 9A.44.100
(1)(c), means a person with a developmental disability as defined in RCW 71A.10.020.
(1 l) "Person with supervisory authority," for purposes of RCW 9A.44.050(1) (c) or(e)
and 9A.44.100(1) (c) or(e), means any proprietor or employee of any public or private
care or treatment facility who directly supervises developmentally disabled, mentally
disordered, or chemically dependent persons at the facility.
(12) "Mentally disordered person" for the purposes of RCW 9A.44.050(1)(e) and
9A.44.100(1)(e) means a person with a "mental disorder" as defined in RCW 71.05.020.
(13) "Chemically dependent person" for purposes of RCW 9A.44.050(1)(e) and
9A.44.100(1)(e) means a person who is "chemically dependent" as defined in RCW
70.96A.020(4).
(14) "Health care provider" for purposes of RCW 9A.44.050 and 9A.44.100 means a
person who is, holds himself or herself out to be, or provides services as if he or she were:
(a) A member of a health care profession under chapter 18.130 RCW; or(b) registered
under chapter 18.19 RCW or licensed under chapter 18.225 RCW, regardless of whether
the health care provider is licensed, certified, or registered by the state.
(1 5) "Treatment" for purposes of RCW 9A.44.050 and 9A.44.100 means the active
delivery of professional services by a health care provider which the health care provider
holds himself or herself out to be qualified to provide.
(16) "Frail elder or vulnerable adult" means a person sixty years of age or older who
has the functional, mental, or physical inability to care for himself or herself. "Frail elder
or vulnerable adult" also includes a person found incapacitated under chapter 11.88 RCW,
a person over eighteen years of age who has a developmental disability under chapter
71A.10 RCW, a person admitted to a long-term care facility that is licensed or required to
be licensed under chapter 18.20, 18.51, 72.36, or 70.128 RCW, and a person receiving
services from a home health, hospice, or home care agency licensed or required to be
licensed under chapter 70.127 RCW.
[2001 c 251 §28.Prior: 1997 c 392 § 513; 1997 c 112 §37; 1994 c 271 §302; 1993 e 477 § 1; 1988 c 146§
3; 1988 c 145 § 1; 1981 c. 123 § 1; 1975 1st ex.s.c 14§ 1. Formerly RCW 9.79.140.]
NOTES:
Sevcrability-- 2001 c 251: See RCW 18.225.900.
Short title-- Findings-- Construction -- Conflict with federal requirements -- Part
headings and captions not law-- 1997 c 392: See notes following RCW 74.39A.009.
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•
• intent -- 1994 c 271.: "The legis]ature hereby reaffirms its desire to protect the children
• of Washington from sexual abuse and further reaffirms its condemnation of child sexual
abuse that takes the form of causing one child to engage in sexual contact with another
child for the sexual gratification of the one causing such activities to take place." [1 994 a
271 § 301 .] •
Purpose -- Severability -- 1994 c 271: See notes following RCW 9A.28.020.
Sever:ability -- Effective dates — 1988 c 146: See notes following R W 9A_44.05f_
Effective date -- 1988 c 145; "This act shall take effect July 1. 1988," [1988 c 145
'26.]
•
Savings -- Application -- 1988 c 145: "This act shall not have the effect of terminating
or in any way modifying any liability, civil or criminal, which is already in existence on
July 1. 1988, and shall apply only to offenses committed on or after July 1, 1988." [1988 c
145 § 25.]
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RCW 9A.44.030
Defenses to prosecution under this chapter.
(1) in any prosecution under this chapter in which lack of consent is based solely upon the
victim's mental incapacity or upon the victim's being physically helpless, it is a defense
which the defendant must prove by a preponderance of the evidence that at the time of the
offense the defendant reasonably believed that the victim was not mentally incapacitated
and/or physically helpless.
(2) In any prosecution under this chapter in which the offense or degree of the offense
depends on the victim's age, it is no defense that the perpetrator did not know the victim's
age, or that the perpetrator believed the victim to be older, as the case may be:
PROVIDED, That it is a defense which the defendant must prove by a preponderance of
the evidence that at the time of the offense the defendant reasonably believed the alleged
victim to be the age identified in subsection (3)of this section based upon declarations as
to age by the alleged victim.
(3) The defense afforded by subsection (2) of this section requires that for the following
defendants, the reasonable belief be as indicated:
(a) For a defendant charged with rape of a child in the first degree, that the victim was
at least twelve, or was less than twenty-four months younger than the defendant;
(b) For a defendant charged with rape of a child in the second degree, that the victim
was at least fourteen, or was less than thirty-six months younger than the defendant;
(c) For a defendant charged with rape of a child in the third degree, that the victim was
at least sixteen, or was less than forty-eight months younger than the defendant;
(d) For a defendant charged with sexual misconduct with a minor in the first degree,
that the victim was at least eighteen, or was less than sixty months younger than the
defendant;
(e) For a defendant charged with child molestation in the first degree, that the victim
was at least twelve, or was less than thirty-six months younger than the defendant;
(f) For a defendant charged with child molestation in the second degree, that the victim
was at least fourteen, or was less than thirty-six months younger than the defendant;
(g) For a defendant charged with child molestation in the third degree, that the victim
was at least sixteen, or was less than thirty-six months younger than the defendant;
(h) For a defendant charged with sexual misconduct with a minor in the second degree,
that the victim was at least eighteen, or was less than sixty months younger than the
defendant.
[1988 c 145§20; 1975 1st ex_s.c 14§ 3.Formerly RCW 9.79.160.]
NOTES:
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Effective date --Savings -- Application -- 1988 c 145: See notes following RCW
9A.44.010.
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RCW 9A.44.096
Sexual misconduct with a minor in the second degree.
(1) A person is guilty of sexual misconduct with a minor in the second degree when: (a)
The person has, or knowingly causes another person under the age of eighteen to have,
sexual contact with another person who is at least sixteen years old but less than eighteen
years old and not married to the perpetrator, if the perpetrator is at least sixty months older
than the victim, is in a significant relationship to the victim, and abuses a supervisory
position within that relationship in order to engage in or cause another person under the
age of eighteen to engage in sexual contact with the victim; or(b) the person is a school
employee who has, or knowingly causes another person under the age of eighteen to have,
sexual contact with a registered student of the school who is at least sixteen years old and
not married to the employee, if the employee is at least sixty months older than the
student.
(2) Sexual misconduct with a minor in the second degree is a gross misdemeanor.
(3) For the purposes of this section, "school employee" means an employee of a
common school defined in RCW 28A.150.020, or a grade kindergarten through twelve
employee of a private school under chapter 28A.195 RCW, who is not enrolled as a
student of the common school or private school.
[2001 2nd sp.s. c 12 § 358; 1994 c 271 §307; 1988 c 145 § 9.1
NOTES:
Intent-- Severability-- Effective dates -- 2001 2nd sp.s. c 12: See notes following
RCW 71.09.250.
Application -- 2001 2nd sp.s. c 12 §§ 301-363: See note following RCW 9.94A.030.
Intent-- 1994 c 271: See note following RCW 9A.44.010.
Purpose-- Severability— 1994 c 271: See notes following RCW 9A.28.020.
Effective date-- Savings-- Application -- 1988 c 145: See notes following RCW
9A.44.010.
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RCIV 9A.88.010
Indecent exposure. (Effective until July 1, 2004.)
(1)A person is guilty of indecent exposure if he or she intentionally makes any open and
obscene exposure of his or her person or the person of another knowing that such conduct
is likely to cause reasonable affront or alarm. The act of brcastfeeding or expressing breast
milk is not indecent exposure.
(2) Indecent exposure is a misdemeanor unless such person exposes himself or herself
to a person under the age of fourteen years in which case indecent exposure is a gross
misdemeanor on the first offense and, if such person has previously been convicted under
this subsection or of a sex offense as defined in RCW 9.94A.030, then such person is
guilty of a class C felony punishable under chapter 9A.20 RCW.
[2001 c 88§ 2; 1990 c 3 § 904; 1987 c 277 § 1; 1975 1st ex.s.c 260§9A.88.010.]
NOTES:
Acknowledgment-- Declaration -- Findings-- 2001 c 88: See note following RCW
43.70.640.
Index, part headings not law-- Severability-- Effective dates -- Application-- 1990
c 3: See RCW 18.155.900 through 18.155.902.
rTh
RCW 9A.88.010
Indecent exposure. (Effective July 1, 2004.)
(1) A person is guilty of indecent exposure if he or she intentionally makes any open and
obscene exposure of his or her person or the person of another knowing that such conduct
is likely to cause reasonable affront or alarm. The act of breastfeeding or expressing breast
milk is not indecent exposure.
(2)(a) Except as provided in (b) and (c) of this subsection, indecent exposure is a
misdemeanor.
(b) indecent exposure is a gross misdemeanor on the first offense if the person exposes
himself or herself to a person under the age of fourteen years.
(c) Indecent exposure is a class C felony if the person has previously been convicted
under this section or of a sex offense as defined in RCW 9.94A.030.
[2003 c 53 § 92; 2001 c 88 § 2; 1990 c 3 §904; 1987 c 277§ 1; 1975 1st ex.s.c 260§9A.88.010.]
NOTES:
Intent-- Effective date-- 2003 c 53: See notes following RCW 2.48.180.
Acknowledgment-- Declaration -- Findings-- 2001. c 88: See note following RCW
43.70.640.
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Index, part headings not law— Severability-- Effective dates -- Application — 1990
c 3: See RCW 18.155.900 through 18.155.902.
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RCW 9A.88.030
Prostitution.
�\‘
(1) A person is guilty of prostitution if such person engages or agrees or offers to engage
in sexual conduct with another person in return for a fee.
(2) For purposes of this section, "sexual conduct" means "sexual intercourse" or "sexual
contact," both as defined in chapter 9A.44 RCW.
(3) Prostitution is a misdemeanor.
[1988 c 145§ 16; 1979 ex.s.c 244 § 15; 1975 1st ex.s.c 260§ 9A.88.030.]
NOTES:
Effective date -- Savings --Application — 1988 c 145: See notes following RCW
9A.44.010.
Effective date — 1979 ex.s. c 244: See RCW 9A.44.902.
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RCW 9A.88.050
Prostitution — Sex of parties immaterial--No defense.
In any prosecution for prostitution, the sex of the two parties or prospective parties to the -
sexual conduct engaged in, contemplated, or solicited is immaterial, and it is no defense
that:
(1) Such persons were of the same sex; or
(2) The person who received, agreed to receive, or solicited a fee was a male and the
person who paid or agreed or offered to pay such fee was female.
[1975 1st cx.s.c 260§ 9A.88.0501
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RCW 9A.88.090
Permitting prostitution.
U (1) A person is guilty of permitting prostitution if, having possession or control of .
premises which he knows are being used for prostitution purposes, he fails without lawful
excuse to make reasonable effort to halt or abate such use.
(2) Permitting prostitution is a misdemeanor.
[1975 1st ex.s.c 260§9A.88.090.]
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RCW 9A.88.110
Patronizing a prostitute.
"f (1) A person is guilty of patronizing a prostitute if:
(a) Pursuant to a prior understanding, he or she pays a fee to another person as
compensation for such person or a third person having engaged in sexual conduct with him
or her; or
(b) He or she pays or agrees to pay a fee to another person pursuant to an understanding
that in return therefor such person will engage in sexual conduct with him or her; or
(c) He or she solicits or requests another person to engage in sexual conduct with him
or her in return for a fee.
(2) For purposes of this section, "sexual conduct" has the meaning given in RCW
9A.88.030.
(3) Patronizing a prostitute is a misdemeanor.
[1988 c 146§4.]
NOTES:
Severability-- Effective dates -- 1988 c 146: See notes following RCW 9A.44.050.
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RCW 9A.88.120
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Additional fee assessments.
-' (1)(a) In addition to penalties set forth in RCW 9A.88.010, 9A.88.030, and 9A.88.090, a
person who is either convicted or given a deferred sentence or a deferred prosecution as a
result of an arrest for violating RCW 9A.88.010, 9A.88.030, 9A.88.090, or comparable
county or municipal ordinances shall be assessed a fifty dollar fee.
(b) In addition to penalties set forth in RCW 9A.88.110, a person who is either
convicted or given a deferred sentence or a deferred prosecution as a result of an arrest for
violating RCW 9A.88.110 or a comparable county or municipal ordinance shall be
assessed a one hundred fifty dollar fee.
(c) In addition to penalties set forth in RCW 9A.88.070 and 9A.88.080, a person who is
either convicted or given a deferred sentence or a deferred prosecution as a result of an
arrest for violating RCW 9A.88.070, 9A.88.080, or comparable county or municipal
ordinances shall be assessed a three hundred dollar fee.
(2)The court may not suspend payment of all or part of the fee unless it finds that the
person does not have the ability to pay.
(3) When a minor has been adjudicated a juvenile offender for an offense which, if
committed by an adult, would constitute a violation under this chapter or comparable
county or municipal ordinances, the court shall assess the fee as specified under subsection
(1) of this section. The court may not suspend payment of all or part of the fee unless it
finds that the minor does not have the ability to pay the fee.
(4) Any fee assessed under this section shall be collected by the clerk of the court and
distributed each month to the state treasurer for deposit in the prostitution prevention and
intervention account under RCW 43.63A.740 for the purpose of funding prostitution
prevention and intervention activities.
[1995 c 353 § 13.]
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RCW 9.68.130
"Sexually explicit material" -- Defined — Unlawful display.
(
---' (1) A person is guilty of unlawful display of sexually explicit material if he knowingly
exhibits such material on a viewing screen so that the sexually explicit material is easily
visible from a public thoroughfare, park or playground or from one or more family
dwelling units.
(2) "Sexually explicit material" as that term is used in this section means any pictorial
.material displaying direct physical stimulation of unclothed genitals, masturbation,
sodomy (i.e. bestiality or oral or anal intercourse), flagellation or torture in the context of a
sexual relationship, or emphasizing the depiction of adult human genitals: PROVIDED
HOWEVER, That works of art or of anthropological significance shall not be deemed to
be within the foregoing definition.
(3) Any person who violates subsection (1) of this section shall be guilty of a
misdemeanor.
[1975 1st ex.s.c 156 § 1.]
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RCW 9.68.140
Promoting pornography-- Class C felony-- Penalties.
A P erson who, for profit-making purposes and with knowledge, sells, exhibits, displays, or
produces any lewd matter as defined in RCW 7.48A.010 is guilty of promoting
pornography. Promoting pornography is a class C felony and shall bear the punishment
and fines prescribed for that class of felony. In imposing the criminal penalty, the court
shall consider the wilfulness of the defendant's conduct and the profits made by the
defendant attributable to the felony. All fines assessed under this chapter shall be paid into
the general treasury of the state.
[1985c235 §3; 1982c184§ 8.]
NOTES:
Severability-- 1985 c 235: See note following RCW 7.48A.040.
Severability— 1982 c 184: See RCW 7.48A.900.
Class C felony-- Authorized sentence: RCW 9A.20.020.
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RCW 9.68A.011
Definitions.
' 1
Unless the context clearly indicates otherwise, the definitions in this section apply
throughout this chapter.
(1) To "photograph" means to make a print, negative, slide, digital image, motion
picture, or videotape. A "photograph" means anything tangible or intangible produced by
photographing.
(2) "Visual or printed matter" means any photograph or other material that contains a
reproduction of a photograph.
(3) "Sexually explicit conduct" means actual or simulated:
(a) Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal,
whether between persons of the same or opposite sex or between humans and animals;
(b) Penetration of the vagina or rectum by any object;
(c) Masturbation;
(d) Sadomasochistic abuse for the purpose of sexual stimulation of the viewer;
(e) Exhibition.of the genitals or unclothed pubic or rectal areas of any minor, or the
( ' unclothed breast of a female minor, for the purpose of sexual stimulation of the viewer;
(f) Defecation or urination for the purpose of sexual stimulation of the viewer; and
(g)Touching of a person's clothed or unclothed genitals, pubic area, buttocks, or breast
area for the purpose of sexual stimulation of the viewer.
(4) "Minor" means any person under eighteen years of age.
(5) "Live performance" means any play, show, skit, dance, or other exhibition
performed or presented to or before an audience of one or more, with or without
consideration.
[2002 c 70§ 1; 1989 c 32 § 1; 1984 c 262 § 2.1
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RCW 9.68A.080
Reporting of depictions of minor engaged in sexually explicit conduct-- Civil
immunity.
(1) A person who, in the course of processing or producing visual or printed matter either
privately or commercially, has reasonable cause to believe that the visual or printed matter
submitted for processing or producing depicts a minor engaged in sexually explicit
conduct shall immediately report such incident, or cause a report to be made, to the proper
law enforcement agency. Persons failing to do so are guilty of a gross misdemeanor.
(2) If, in the course of repairing, modifying, or maintaining a computer that has been
submitted either privately or commercially for repair, modification, or maintenance, a
person has reasonable cause to believe that the computer stores visual or printed matter
that depicts a minor engaged in sexually explicit conduct, the person performing the repair,
modification, or maintenance may report such incident, or cause a report to be made, to the
proper law enforcement agency.
(3) A person who makes a report in good faith under this section is immune from civil
liability resulting from the report.
[2002 c 70§ 2; 1989 c 32 §6; 1984 c 262 § 7]
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RCW 9.68A.090
Communication with minor for immoral purposes. (Effective until July 1, 2004.)
A person who communicates with a minor for immoral purposes, or a person who
communicates with someone the person believes to be a minor for immoral purposes, is
guilty of a gross misdemeanor, unless that person has previously been convicted under this
section or of a felony sexual offense under chapter 9.68A, 9A.44, or 9A.64 RCW or of any
other felony sexual offense in this or any other state, in which case the person is guilty of a
class C felony punishable under chapter 9A.20 RCW.
[2003c26§ 1; 1989c32 § 7; 1986c319 § 2; 1984c262§ 8.]
RCW 9.68A.090
Communication with minor for immoral purposes-- Penalties. (Effective July.1,
2004.)
(1) Except as provided in subsection(2) of this section, a person who communicates with a
minor for immoral purposes, or a person who communicates with someone the person
believes to be a minor for immoral purposes, is guilty of a gross misdemeanor.
(2)A person who communicates with a minor for immoral purposes is guilty of a class
C felony punishable according to chapter 9A.20 RCW if the person has previously been
convicted under this section or of a felony sexual offense under chapter 9.68A, 9A.44, or
9A.64 RCW or of any other felony sexual offense in this or any other state.
[2003 c 53 §42;2003 c 26§ 1; 1989c32 § 7; 1986 c 319§ 2; 1984 c 262 § 8.]
NOTES:
Reviser's note: This section was amended by 2003 c 26 § 1 and by 2003 c 53 § 42,
each without reference to the other. Both amendments are incorporated in the publication
of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Intent-- -Effective date— 2003 c 53: See notes following RCW 2.48.180.
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RCW 9.68A.140
Definitions. (Effective until July 1, 2004.)
•
For the purposes of RCW 9.68A.140 through 9.68A.160:
(1) "Minor" means any person under the age of eighteen years.
(2) "Erotic materials" means live performance:
(a) Which the average person, applying contemporary community standards, would
find, when considered as a whole, appeals to the prurient interest of minors; and
(b) Which explicitly depicts or describes patently offensive representations or
descriptions of sexually explicit conduct as defined in RCW 9.68A.01.1; and
(c) Which, when considered as a whole, and in the context in which it is used, lacks
serious literary, artistic, political, or scientific value for minors.
(3) "Live performance" means any play, show, skit, dance, or other exhibition
performed or presented to, or before an audience of one or more, with or without
consideration.
(4) "Person" means any individual, partnership, firm, association, corporation, or other
legal entity.
[1987c396§ 1.]
NOTES:
Severability-- 1987 c 396: "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." [1987 c 396 § 4.]
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RCW 9.68A.150
- Allowing minor on premises of live erotic performance. (Effective until July 1, 2004.)
No person may knowingly allow a minor to be on the premises of a commercial
establishment open to the public if there is a live performance containing matter which is
erotic material.
[1987 c 396§ 2.]
NOTES:
Severability-- 1987 c 396: See note following RCW 9.68A.140.
RCW 9.68A.150
Allowing minor on premises of live erotic performance--Definitions -- Penalty.
(Effective July 1, 2004.)
•
(1) No person may knowingly allow a minor to be on the premises of a commercial
establishment open to the public if there is a live performance containing matter which is
erotic material.
(2) Any person who is convicted of violating this section is guilty of a gross
misdemeanor.
(3) For the purposes of this section:
(a) "Minor" means any person under the age of eighteen years.
(b) "Erotic materials" means live performance:
(i) Which the average person, applying contemporary community standards, would
find, when considered as a whole, appeals to the prurient interest of minors; and
(ii)Which explicitly depicts or describes patently offensive representations or
descriptions of sexually explicit conduct as defined in RCW 9.68A.011; and
(iii) Which, when considered as a whole, and in the context in which it is used, lacks
serious literary, artistic, political, or scientific value for minors.
(c) "Live performance" means any play, show, skit, dance, or other exhibition
performed or presented to, or before an audience of one or more, with or without
consideration.
(d) "Person" means any individual, partnership, firm, association, corporation, or other
legal entity.
[2003 c 53 §43; 1987 c.396 §2.]
NOTES:
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Page 2 of 2
Intent-- Effective date-- 2003 c 53: See notes following RCW 2.48.180.
Severability— 1987 c 396: "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." [1987 c 396 § 4.]
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RCW 9.68A.160
Penalty. (Effective until July 1, 2004.)
Any person who is convicted of violating any provision of RCW 9.68A.150 is guilty of a
gross misdemeanor.
[1987 e 396§ 3.1
NOTES:
Severability-- 1987 c 396: See note following RCW 9.68A.140.
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RCW 9.69.100
Duty of witness of offense against child or any violent offense-- Penalty.
\ " (1) A person who witnesses the actual commission of:
(a) A violent offense as defined in RCW 9.94A.030 or preparations for the commission
of such an offense;
(b) A sexual offense against a child or an attempt to commit such a sexual offense; or
(c) An assault of a child that appears reasonably likely to cause substantial bodily harm
to the child,
shall as soon as reasonably possible notify the prosecuting attorney, law enforcement,
medical assistance, or other public officials.
(2)This section shall not be construed to affect privileged relationships as provided by
law.
(3) The duty to notify a person or agency under this section is met if a person notifies or
attempts to provide such notice by telephone or any other means as soon as reasonably
possible.
(4) Failure to report as required by subsection (1) of this section is a gross
misdemeanor. However, a person is not required to report under this section where that
; person has a reasonable belief that making such a report would place that person or
another family or household member in danger of immediate physical harm.
[1957 c 503 § 18; 1985 c 443 §21; 1970 ex.s.c 49§ 8.)
NOTES:
Severability-- Effective date— 1987 c 503: See RCW 74.14B.901 and 74.14B.902.
Severability-- Effective date -- 1985 c 443: See notes following RCW 7.69.010.
Severability-- 1970 ex.s. c 49: "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." [1 970 ex.s. c 49 § 9.]
Abuse of children: Chapter 26.44 RCW.
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RCW 26.28.080
Selling or giving tobacco to minor-- Belief of representative capacity, no defense --
Penalty.
Every person who sells or gives, or permits to be sold or given to any person under the age
of eighteen years any cigar, cigarette, cigarette paper or wrapper, or tobacco in any form is
guilty of a gross misdemeanor.
It shall be no defense to a prosecution for a violation of this section that the person
acted, or was believed by the defendant to act, as agent or representative of another.
[1994 sp.s. c 7§ 437.Prior: 1987 c 250 §2; 1987 c 204§ 1; 1971 ex.s, c 292§ 37; 1919 c 17§ 1; 1911 c 133.
§ 1; 1909 ex.s.c 27 § 1; 1909 c 249 § 193; 1901 c 122 § 1; 1895 c 126§§ 1,3 and 4;RRS §2445. Formerly
RCW 26.08.080,26.08.090,and 26.08.100.)
NOTES:
Finding-- Intent— Severability-- 1994 sp.s. c 7: See notes following RCW
43.70.540.
Effective date-- 1994 sp.s. c 7 §§401-410, 413-416,418-437, and 439-460: See note
following RCW 9.41.010.
Severability-- 1971 ex.s. c 292: See note following RCW 26.28.010.
Juvenile courts and juvenile offenders: Title 13 RCW.
Minors, access to tobacco, role of liquor control board: Chapter 70.155 RCW.
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RCW 9 . 26A CHAPTER Page 1 of 5
Chapter 9.26A RCW
TELECOMMUNICATIONS CRIME
(Formerly Credit cards,crimes relating to)
RCW SECTIONS
1.9y.'6W,90 Telephone company credit cards -- Prohibited acts.
X 11-K #4-1100,Definitions.
i�?+ li'A,!!N11111) Fraud in obtaining telecommunications service-- Penalty.
9.26A.1_15_Fraud in obtaining telecommunications service--Use of telecommunications device--
Penalty.
i .2 M21„/Fraud in operating coin-box telephone or other receptacle.
69,MINIPIPenalty for manufacture or sale of slugs to be used for coin.
9.26A.900 Severability -- 1990 c 11. •
•
NOTES:
Civil cause of action: RCW 9A.56.268.
Telecommunications crimes: RCW 9A.56.262 through 9A.56.266.
RCW 9.26A.090
Telephone company credit cards -- Prohibited acts.
Every person who sells, rents, lends, gives, advertises for sale or rental, or publishes the credit card
number of an existing, canceled, revoked, expired, or nonexistent telephone company credit card, or the
numbering or coding that is employed in the issuance of telephone company credit cards or access
devices, with the intent that it be used or with knowledge or reason to believe that it will be used to
avoid the payment of any lawful charge, shall be guilty of a gross misdemeanor.
[1990 c 11 § 3; 1974 ex.s.c 160§ 1.1
RCW 9.26A.100
Definitions.
Unless the context clearly requires otherwise, the definitions in this section apply throughout this
chapter.
(I) "Access device" shall have the same meaning as that contained in RCW 9A.56.010.
(2) "Computer" means an electronic, magnetic, optical, electrochemical, or other high speed data
'`, processing device performing logical, arithmetic, or storage functions, and includes any data storage
' facility or communications facility directly related to or operating in conjunction with such device, but
does not mean an automated typewriter or typesetter, portable hand held calculator, or other similar
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RCW 9 . 26A CHAPTER Page 2 of 5
device.
,
(3) "Computer trespass" shall have the same meaning as that contained in chapter 9A.52 RCW.
(4) "Credit card number" means the card number or coding appearing on a credit card or other form
of authorization, including an identification card or plate issued to a person by any telecommunications
provider that permits the person to whom it has been issued to obtain telecommunications service on
credit. The term includes the number or description of the card or plate, even if the card or plate itself is
not produced at the time the telecommunications service is obtained.
(5) "Publish" means the communication or dissemination of information to any one or more persons:
(a) Orally, in person, or by telephone, radio, or television; (b) in a writing of any kind, including without
limitation a letter or memorandum, circular or handbill, newspaper or magazine article, or book; or(c)
electronically, including by the use of recordings, computer networks,bulletin boards, or other means of
electronic storage and retrieval.
(6) "Telecommunications" shall have the same meaning as that contained in RCW 80.04.010 and
includes telecommunications service that originates, terminates, or both originates and terminates in this
state.
(7) "Telecommunications company" shall have the same meaning as that contained in RCW
80.04.010.
(8) "Telecommunications device" means any operating procedure or code, instrument, apparatus, or
equipment designed or adapted for a particular use, and which is intended or can be used in violation of
this chapter, and includes, but is not limited to, computer hardware, software, and programs; electronic
mail system; voice mail system; private branch exchange; or any other means of facilitating
telecommunications service.
(9) "Telephone company" means any local exchange company, as defined in RCW 80.04.010.
[1990 c 11 t 1.]
RCW 9.26A.110
Fraud in obtaining telecommunications service-- Penalty. (Effective until July 1, 2004.)
-(1) Every person who, with intent to evade the provisions of any order or rule of the Washington utilities
and transportation commission or of any tariff, price list, contract, or any other filing lawfully submitted
to said commission by any telephone, telegraph, or telecommunications company, or with intent to
defraud, obtains telephone, telegraph, or telecommunications service from any telephone, telegraph, or
telecommunications company through: (a) The use of a false or fictitious name or telephone number; (b)
the unauthorized use of the name or telephone number of another; (c) the physical or electronic
installation of, rearrangement of, or tampering with any equipment, or use of a telecommunications
device; (d) the commission of computer trespass; or(e) any other trick, deceit, or fraudulent device,
shall be guilty of a misdemeanor. If the value of the telephone, telegraph, or telecommunications service
that any person obtains in violation of this section during a period of ninety days exceeds:
(a) Fifty dollars in the aggregate, then such person shall be guilty of a gross misdemeanor;
(b) Two hundred fifty dollars in the aggregate, then such person shall be guilty of a class C felony.
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RCW 9 . 26A CHAPTER Page 3 of 5
However, for any act that constitutes a violation of both this subsection and subsection (2) of this
section the provisions of subsection (2) of this section shall be exclusive.
(2) Every person who:
(a) Makes, possesses, sells, gives, or otherwise transfers to another a telecommunications device with
intent to use it or with knowledge or reason to believe it is intended to be used to avoid any lawful
telephone or telegraph toll charge or to conceal the existence or place of origin or destination of any
telephone or telegraph message; or
(b) Sells, gives, or otherwise transfers to another plans or instructions for making or assembling a
telecommunications device described in subparagraph (a) of this subsection with knowledge or reason to
believe that the plans may be used to make or assemble such device
shall be guilty of a felony.
[1990 c 11 2; 1981 c 252§ 1; 1977 ex.s.c 42 § 1; 1974 ex.s.c 160§2; 1972 ex.s.c 75§ 1; 1955 c 114§ 1.Formerly RCM
9.45.240.]
NOTES:
Injunctive relief for violations: RCW 7.40.230.
RCW 9.26A.110
Fraud in obtaining telecommunications service— Penalty. (Effective July 1, 2004.)
(I) Every person who, with intent to evade the provisions of any order or rule of the Washington utilities
and transportation commission or of any tariff, price list, contract, or any other filing lawfully submitted
to the commission by any telephone, telegraph, or telecommunications company, or with intent to
defraud, obtains telephone, telegraph, or telecommunications service from any telephone, telegraph, or
telecommunications company through: (a) The use of a false or fictitious name or telephone number; (b)
the unauthorized use of the name or telephone number of another; (c) the physical or electronic
installation of, rearrangement of, or tampering with any equipment, or use of a telecommunications
device; (d) the commission of computer trespass; or(e) any other trick, deceit, or fraudulent device, is
guilty of a misdemeanor,
(2) If the value of the telephone, telegraph, or telecommunications service that any person obtains in
violation of this section during a period of ninety days exceeds fifty dollars in the aggregate, then such
person is guilty of a gross misdemeanor.
(3) If the value of the telephone, telegraph, or telecommunications service that any person obtains in
violation of this section during a period of ninety days exceeds two hundred fifty dollars in the
aggregate, then such person is guilty of a class C felony punishable according to chapter 9A.20 RCW.
(4) For any act that constitutes a violation of both this section and RCW 9.26A.1 1 5 the provisions of
RCW 9.26A.115 shall be exclusive.
[2003 c 53 § 20; 1990 c 11 §2; 1981 c 252§ 1; 1977 ex.s. c 42 § 1; 1974 ex.s.c 160§2; 1972 ex.s.c 75§ 1; 1955 c 114 § 1.
Formerly RCW 9.45.240.]
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RCW 9 . 26A CHAPTER Page 4 of 5
NOTES:
Intent-- Effective date-- 2003 c 53: See notes following RCW 2.48.180.
Injunctive relief for violations: RCW 7.40.230.
RCW 9.26A.115
Fraud in obtaining telecommunications service-- Use of telecommunications device-- Penalty.
(Effective.July 1, 2004.)
Every person is guilty of a class B felony punishable according to chapter 9A.20 RCW who:
(1) Makes, possesses, sells, gives, or otherwise transfers to another a telecommunications device with
intent to use it or with knowledge or reason to believe it is intended to be used to avoid any lawful
telephone or telegraph toll charge or to conceal the existence or place of origin or destination of any
telephone or telegraph message; or
(2) Sells, gives, or otherwise transfers to another plans or instructions for making or assembling a
telecommunications device described in subsection (1) of this section with knowledge or reason to
believe that the plans may be used to make or assemble such device.
[2003 c 53 § 211
NOTES:
Intent-- Effective date --2003 c 53: See notes following RCW 2.48.180.
RCW 9.26A.120
Fraud in operating coin-box telephone or other receptacle.
Any person who shall knowingly and wilfully operate, or cause to be operated, or who shall attempt to
operate, or attempt to cause to be operated, [any] coin-box telephone or other receptacle designed to
receive lawful coin of the United States of America in connection with the sale, use or enjoyment of
property or service, by means of a slug or any false, counterfeited, mutilated, sweated or foreign coin, or
by any means, method, trick or device whatsoever not lawfully authorized by the owner, lessee, or
licensee of such machine, coin-box telephone or other receptacle designed to receive lawful coin of the
United States of America in connection with the sale, use or enjoyment of property or service, any
goods, wares, merchandise, gas, electric current, article of value, or the use or enjoyment of any
telephone or telegraph facilities or service without depositing in and surrendering to such machine, coin-
box telephone or receptacle lawful coin of the United States of America to the amount required therefor
by the owner, lessee or licensee of such machine, coin-box telephone or receptacle, shall be guilty of a
Misdemeanor.
[1929 c 184§ 1;RRS §5842-1. Formerly RCW 9.45.180.]
RCW 9.26A.130
Penalty for manufacture or sale of slugs to be used for coin.
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RCW 9 . 26A CHAPTER Page 5 of 5
Any person who, with intent to cheat or defraud the owner, lessee, licensee or other person entitled to
the contents of any coin-box telephone or other receptacle, depository or contrivance, designed to
receive lawful coin of the United States of America in connection with the sale, use or enjoyment of
property or service, or who, knowing or having cause to believe, that the same is intended for unlawful
use, shall manufacture for sale, or sell or give away any slug, device, or substance whatsoever intended
or calculated to be placed or deposited in any coin-box telephone or other such receptacle, depository or
contrivance, shall be guilty of a misdemeanor.
[1929 c 184§ 2;RRS §5842-2.Formerly RCW 9.45.190.]
RCW 9.26A.900
Severability-- 1990 a 11.
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.
[1990c11 § 6.]
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RCW 9A. 56 CHAPTER Page 1 of 29
Chapter 9A.56 RCW
THEFT AND ROBBERY
RCW SECTIONS
..9. 6•()111.0_Definitions.
„ t1.46e.()20 Theft -- Definition, defense.
9A.56.030 Theft in the first degree -- Other than firearm.
9A.56.040 Theft in the second degree -- Other than firearm.
Theft in the third degree.
kgAt!i ai.Unlawful issuance of checks or drafts.
9A.56.070 Taking motor vehicle without permission.
9A.56.075 Taking motor vehicle without permission in the second degree.
9A.56.080 Theft of livestock.
9A.56.083 Theft of livestock in the second degree.
9A.56.085 Minimum fine for theft of livestock.
9A.56.096 Theft of rental, leased, or lease-purchased property.
'19.7:A Ti .i!ltillTheft and larceny equated.
9A.56.110 Extortion -- Definition.
9A.56.120 Extortion in the first degree.
) 9A.56.130 Extortion in the second degree.
69r.A.5.6'.41!4rO:Possessing stolen property -- Definition-- Presumption.
9A.56.150 Possessing stolen property in the first degree-- Other than firearm.
9A.56.160 Possessing stolen property in the second degree-- Other than firearm.
074.5'6147:0 Possessing stolen property in the third degree.
1945_61(1180 Obscuring the identity of a machine.
9A.56.1.90 Robbery-- Definition.
9A.56.200 Robbery in the first degree.
9A.56.210 Robbery in the second degree.
!{9A-41.542%21 (heft of subscription television services.
l 1f,i,4-i 0 Unlawful sale of subscription television services.
119.70W**0 Forfeiture and disposal of device used to commit violation.
9A.56250 Civil cause of action.
12(i0 Connection of channel converter.
9A.56.262 Theft of telecommunication services.
9A.56.264 Unlawful manufacture of telecommunication device.
\,
9A.56.266 Unlawful sale of telecommunication device.
9A.56.268 Civil cause of action.
gi15' .2 70 Shopping cart theft.
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A.56.280 Credit, debit cards, checks, etc. -- Definitions.
9A.56.290 Credit, payment cards -- Unlawful factoring of transactions.
9A.56.300 Theft of a firearm.
9A.56.310 Possessing a stolen firearm.
9A.56.320 Financial fraud -- Unlawful possession, production of instruments of.
9A.56.330 Possession of anther's identification.
•
NOTES:
insurance agent, appropriation of premiums: RCW 48.17.480.
Pawnbrokers and second-hand dealers: RCW 19.60.066.
Public lands, taking or destroying property is theft: RCW 79.02.310.
Public officer misappropriating funds: RCW 42.20.070, 42.20.090.
Removing native flora from state lands or highways: RCW 47.40.080.
Retaining books, etc., from public library: RCW 27.12.340.
Search and seizures: Chapter 10.79 RCW.
Stealing, receiving railroad property: RCW 81.60.080.
Stolen property, restoration, sale does not divest rights, duty of officer: RCW 10.79.050.
Sufficiency of indictment or information alleging crime of larceny: RCW 10.37.110.
RCW 9A.56.010
Definitions.
The following definitions are applicable in this chapter unless the context otherwise requires:
(1) "Access device" means any card, plate, code, account number, or other means of account access
that can be used alone or in conjunction with another access device to obtain money, goods, services, or
anything else of value, or that can be used to initiate a transfer of funds, other than a transfer originated
solely by paper instrument;
(2) "Appropriate lost or misdelivered property or services" means obtaining or exerting control over
the property or services of another which the actor knows to have been lost or mislaid, or to have been
delivered under a mistake as to identity of the recipient or as to the nature or amount of the property;
(3) "Beverage crate" means a plastic or metal box-like container used by a manufacturer or
distributor in the transportation or distribution of individually packaged beverages to retail outlets, and
affixed with language stating "property of ," "owned by ," or other markings or words
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identifying ownership;
l ` (4) "By color or aid of deception" means that the deception operated to bring about the obtaining of
the property or services; it is not necessary that deception be the sole means of obtaining the property or
services;
(5) "Deception" occurs when an actor knowingly:
(a) Creates or confirms another's false impression which the actor knows to be false; or
(b) Fails to correct another's impression which the actor previously has created or confirmed; or
(c) Prevents another from acquiring information material to the disposition of the property involved;
or
(d)Transfers or encumbers property without disclosing a lien, adverse claim, or other legal
impediment to the enjoyment of the property, whether that impediment is or is not valid, or is or is not a
matter of official record; or
(e) Promises performance which the actor does not intend to perform or knows will not be performed.
(6) "Deprive" in addition to its common meaning means to make unauthorized use or an unauthorized
copy of records, information, data, trade secrets, or computer programs;
(7) "Merchandise pallet" means a wood or plastic carrier designed and manufactured as an item on
which products can be placed before or during transport to retail outlets, manufacturers, or contractors,
and affixed with language stating "property of. . .," "owned by . . .," or other markings or words
identifying ownership;
(8) "Obtain control over" in addition to its common meaning, means:
(a) In relation to property, to bring about a transfer or purported transfer to the obtainer or another of
a legally recognized interest in the property; or
(b) In relation to labor or service, to secure performance thereof for the benefits of the obtainer or
another;
(9) "Owner" means a person, other than the actor, who has possession of or any other interest in the
property or services involved, and without whose consent the actor has no authority to exert control over
the property or services;
(10) "Parking area" means a parking lot or other property provided by retailers for use by a customer
for parking an automobile or other vehicle;
(11) "Receive" includes, but is not limited to, acquiring title, possession, control, or a security
•
interest, or any other interest in the property;
(12) "Services" includes, but is not limited to, labor, professional services, transportation services,
electronic computer services, the supplying of hotel accommodations, restaurant services, entertainment,
the supplying of equipment for use, and the supplying of commodities of a public utility nature such as
gas, electricity, steam, and water;
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(13) "Shopping cart" means a basket mounted on wheels or similar container generally used in a
retail establishment by a customer for the purpose of transporting goods of any kind;
(14) "Stolen" means obtained by theft, robbery, or extortion;
(15) "Subscription television service" means cable or encrypted video and related audio and data
services intended for viewing on a home television by authorized members of the public only, who have
agreed to pay a fee for the service. Subscription services include but are not limited to those video
services presently delivered by coaxial cable, fiber optic cable, terrestrial microwave, television
broadcast, and satellite transmission;
(16) "Telecommunication device" means (a) any type of instrument, device, machine, or equipment
that is capable of transmitting or receiving telephonic or electronic communications; or(b) any part of
such an instrument, device, machine, or equipment, or any computer circuit, computer chip, electronic
mechanism, or other component, that is capable of facilitating the transmission or reception of
telephonic or electronic communications;
(17) "Telecommunication service" includes any service other than subscription television service
provided for a charge or compensation to facilitate the transmission, transfer, or reception of a
telephonic communication or an electronic communication;
(18) Value. (a) "Value" means the market value of the property or services at the time and in the
approximate area of the criminal act.
(b) Whether or not they have been issued or delivered, written instruments, except those having a
-' readily ascertained market value, shall be evaluated as follows:
(i) The value of an instrument constituting an evidence of debt, such as a check, draft, or promissory
note, shall be deemed the amount due or collectible thereon or thereby, that figure ordinarily being the
face amount of the indebtedness less any portion thereof which has been satisfied;
(ii) The value of a ticket or equivalent instrument which evidences a right to receive transportation,
entertainment, or other service shall be deemed the price stated thereon, if any; and if no price is stated
thereon, the value shall be deemed the.price of such ticket or equivalent instrument which the issuer
charged the general public; -
(iii) The value of any other instrument that creates, releases, discharges, or otherwise affects any
valuable legal right, privilege, or obligation shall be deemed the greatest amount of economic loss which
the owner of the instrument might reasonably suffer by virtue of the loss of the instrument.
(c) 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.
(d) Whenever any person is charged with possessing stolen property and such person has unlawfully
•
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•
RCW 9A. 56 CHAPTER Page 5 of 29
in his possession at the same time the stolen property of more than one person, then the stolen property
possessed may be aggregated in one count and the sum of the value of all said stolen property shall be
the value considered in determining the degree of theft involved.
(c) Property or services having value that cannot be ascertained pursuant to the standards set forth
above shall be deemed to be of a value not exceeding two hundred and fifty dollars;
(19) "Wrongfully obtains" or "exerts unauthorized control" means:
(a) To take the property or services of another;
(b) Having any property or services in one's possession, custody or control as bailee, factor, lessee,
pledgee, renter, servant, attorney, agent, employee, trustee, executor, administrator, guardian, or officer
of any person, estate, association, or corporation, or as a public officer, or person authorized by
ageement or competent authority to take or hold such possession, custody, or control, to secrete,
withhold, or appropriate the same to his or her own use or to the use of any person other than the true
owner or person entitled thereto; or
(c) Having any property or services in one's possession, custody, or control as partner, to secrete,
withhold, or appropriate the same to his or her use or to the use of any person other than the true owner
or person entitled thereto, where the use is unauthorized by the partnership agreement.
[2002 a 97 § 1; 1999 c 143 § 36; 1998 c 236§ 1; 1997 c 346§ 2; 1995 c 92 § 1; 1987 c 140§ 1; 1986 c 257§2; 1985 c 382 §
1; 1984 c 273 § 6; 1975-'76 2nd ex.s.c 38 § 8; 1975 1st ex.s.c 260§9A.56.010.]
NOTES:
Severability-- 1986 c 257: "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." [1986 c 257 § 37.]
Severability-- 1985 c 382: "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." [1985 c 382 § 3.]
Effective date-- Scvcrability-- 1975-'76 2nd ex.s. c 38: See notes following RCW 9A.08.020.
RCW 9A.56.020
Theft-- Definition, defense.
•
*** CHANGE IN 2004 *** (SEE 6338.SL) ***
(I) "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 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 of such property or services; or
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(c) To appropriate lost or misdelivered property or services of another, or the value thereof, with
intent to deprive him of such property or services.
(2) In any prosecution for theft, it shall be a sufficient defense that the property or service was
appropriated openly and avowedly under a claim of title made in good faith, even though the claim be
untenable.
[1975-'76 2nd cx.s.c 38 §9; 1975 1st ex.s. c 260§9A.56.020.]
NOTES:
Effective date -- Severability— 1975-'76 2nd ex.s. c 38: See notes following RCW 9A.08.020.
Civil action for shoplifting by adults, minors: RCW 4.24.230.
RCW 9A.56.030
Theft in the first degree-- Other than firearm.
(1) A person is guilty of theft in the first degree if he or she commits theft of:
(a) Property or services which exceed(s)one thousand five hundred dollars in value other than a
firearm as defined in RCW 9.41.010; or
(b) Property of any value other than a firearm as defused in RCW 9.41.010 taken from the person of
another.
(2) Theft in the first degree is a class B felony.
[1995 c 129§ 11 (Initiative Measure No. 159); 1975 1st ex.s. c 260§ A.56.030.]
NOTES:
Findings and intent-- Short title -- Severability-- Captions not law -- 1995 c 129: See notes
following RCW 9.94A.510.
Civil action for shoplifting by adults, minors: RCW 4.24.230.
RCW 9A.56.040
Theft in the second degree-- Other than firearm.
(1) A person is guilty of theft in the second degree if he or she commits theft of: .
(a) Property or services which exceed(s) two hundred and fifty dollars in value other than a firearm as
defined in RCW 9.41.010, but does not exceed one thousand five hundred dollars in value; or
(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; or
(c) An access device; or
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(d) A motor vehicle, of a value less than one thousand five hundred dollars.
(2) Theft in the second degree is a class C felony.
[1995 c 129 § 12 (Initiative Measure No. 159); 1994 sp.s.c 7 §433; 1987 c 140§ 2; 1982 1st cx.s.c 47§ 15; 1975 1st ex.s.c
260§9A.56.040.]
NOTES:
Findings and intent—Short title -- Severability-- Captions not law— 1995 c 129: See notes
following RCW 9.94A.510.
Finding-- Intent-- Severability-- 1994 sp.s. c 7: See notes following RCW 43.70.540.
Effective date-- 1994 sp.s. c 7 §§ 401-410, 413-416, 418-437, and 439-460: See note following
RCW 9.41.010.
Severability-- 1982 1st ex.s. c 47: See note following RCW 9.41.190.
Civil action for shoplifting by adults, minors: RCW 4.24.230.
RCW 9A.56.050
Theft in the third degree.
(1) A person is guilty of theft in the third degree if he or she commits theft of property or services which
(a) does not exceed two hundred and fifty dollars in value, or(b) includes ten or more merchandise
1 pallets, or ten or more beverage crates, or a combination of ten or more merchandise pallets and
beverage crates.
(2)Theft in the third degree is a gross misdemeanor.
•
[1998 c 236§4; 1975 1st ex.s.c.260 §9A.56.050.]
NOTES:
Civil action for shoplifting by adults, minors: RCW 4.24.230.
RCW 9A.56.060
Unlawful issuance of checks or drafts.
(1)Any person who shall with intent to defraud, make, or draw, or utter, or deliver to another person any
check, or draft, on a bank or other depository for the payment of money, bowing at the time of such
drawing, or delivery, that he has not sufficient funds in, or credit with said bank or other depository, to
meet said check or draft, in full upon its presentation, shall be guilty of unlawful issuance of bank check.
The word "credit" as used herein shall be construed to mean an arrangement or understanding with the
bank or other depository for the payment of such check or draft, and the uttering or delivery of such a
check or draft to another person without such fund or credit to meet the same shall be prima facie
evidence of an intent to defraud.
(2) Any person who shall with intent to defraud, make, or draw, or utter, or deliver to another person
any check, or draft on a bank or other depository for the payment of money and who issues a stop-
payment order directing the bank or depository on which the check is drawn not to honor said check,
and who fails to make payment of money in the amount of the check or draft or otherwise arrange a
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settlement agreed upon by the holder of the check within twenty days of issuing said check or draft shall
be guilty of unlawful issuance of a bank check.
(3) When any series of transactions which constitute unlawful issuance of a bank check would, when
considered separately, constitute unlawful issuance of a bank check in an amount of two hundred fifty
dollars or less because of value, and the series of transactions are a part of a common scheme or plan,
the transactions may be aggregated in one count and the sum of the value of all of the transactions shall
be the value considered in determining whether the unlawful issuance of'a bank check is to be punished
as a class C felony or a gross misdemeanor.
(4) Unlawful issuance of a bank check in an amount greater than two hundred fifty dollars is a class
C felony.
(5) Unlawful issuance of a bank check in an amount of two hundred fifty dollars or less is a gross
misdemeanor and shall be punished as follows:
(a) The court shall order the defendant to make full restitution;
(b)The defendant need not be imprisoned, but the court shall impose a minimum fine of five hundred
dollars. Of the fine imposed, at least fifty dollars shall not be suspended or deferred. Upon conviction
for a second offense within any twelve-month period, the court may suspend or defer only that portion
of the fine which is in excess of five hundred dollars.
[1982 c 138 § 1; 1979 ex.s. c 244§ 14; 1975 1st ex.s. c 260§9A.56.060.1
NOTES:
Effective date -- 1979 ex.s. c 244: See RCW 9A.44.902.
Maintenance by state treasurer of accounts in amount less than all warrants outstanding not a violation
of RCW 9A.56.06Q(1): RCW 43.08.135.
RCW 9A.56.070
Taking motor vehicle without permission. (Effective until July 1, 2004.)
(1)(a) A person is guilty of taking a motor vehicle without permission in the first degree if he or she,
without the permission of the owner or person entitled to possession, intentionally takes or drives away
an automobile or motor vehicle, whether propelled by steam, electricity, or internal combustion engine,
that is the property of another, and he or she:
(i) Alters the motor vehicle for the purpose of changing its appearance or primary identification,
including obscuring, removing, or changing the manufacturer's serial number or the vehicle
identification number plates;
(ii) Removes, or participates in the removal of, parts from the motor vehicle with the intent to sell the
parts;
(iii) Exports, or attempts to export, the motor vehicle across state lines or out of the United States for
profit;
(iv) Intends to sell the motor vehicle; or
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(v) Is engaged in a conspiracy and the central object of the conspiratorial agreement is the theft of
motor vehicles for sale to others for profit.
(b) Taking a motor vehicle without permission in the first degree is a class B felony.
(2)(a) A person is guilty of taking a motor vehicle without permission in the second degree if he or
she, without the permission of the owner or person entitled to possession, intentionally takes or drives
away any automobile or motor vehicle, whether propelled by steam, electricity, or internal combustion
engine, that is the property of another, or he or she voluntarily rides in or upon the automobile or motor
vehicle with knowledge of the fact that the automobile or motor vehicle was unlawfully taken.
(b) Taking a motor vehicle without permission in the second degree is a class C felony.
[2002 c 324§ 1; 1975 1st ex.s. c 260§ 9A,56.07Q.l
NOTES:
Study and report— 2002 c 324: "The sentencing guidelines commission shall study the impact of
the sentencing changes in this act upon the incidence of the crime of taking a motor vehicle without
permission. By December 2004, the commission shall submit a report to the governor and the
legislature. The report shall address:
(1) Whether the creation of the crime of taking a motor vehicle without permission in the first degree
and the increased penalties for that new crime have resulted in a reduction in the number of convictions
for taking a motor vehicle without permission in the first or second degree; and
(2) Whether there are other actions, either civil or criminal, that could have the effect of further
decreasing the incidence of these crimes, including but not limited to: The revocation of driving
privileges, double scoring of prior convictions, or increasing penalties for juveniles." [2002 c 324 § 4.)
RCW 9A.56.070
Taking motor vehicle without permission in the first degree. (Effective July.1, 2004.)
(1) A person is guilty of taking a motor vehicle without permission in the first degree if he or she,
without the permission of the owner or person entitled to possession, intentionally takes or drives away
an automobile or motor vehicle, whether propelled by steam, electricity, or internal combustion engine,
that is the property of another, and he or she:
(a) Alters the motor vehicle for the purpose of changing its appearance or primary identification,
including obscuring, removing, or changing the manufacturer's serial number or the vehicle
identification number plates;
(b) Removes, or participates in the removal of, parts from the motor vehicle with the intent to sell the
parts;
(c) Exports, or attempts to export, the motor vehicle across state lines or out of the United States for
profit;
(d) Intends to sell the motor vehicle; or
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NOTES:
Intent-- Effective date-- 2003 c 53: See notes following RCW 2.48.180.
RCW 9A.56.1.00
Theft and larceny equated.
All offenses defined as larcenies outside of this title shall be treated as thefts as provided in this title.
[1975 1st ex.s.c 260§ 9A.,$6.I00.]
RCW 9A.56.11.0
Extortion -- Definition.
"Extortion" means knowingly to obtain or attempt to obtain by threat property or services of the owner,
and specifically includes sexual favors.
[1999 c 143 § 37; 1983 1st cx.s.c 4 § 2; 1975-'76 2nd ex.s. c 38 § 10.Prior: 1975 1st ex.s. c 260§ 9A.56.110.]
NOTES:
Severability-- 1983 1st ex.s. c 4: See note following RCW 9A.48.070.
Effective date -- Severability— 1975-'76 2nd ex.s. c 38: See notes following RCW 9A.08.020.
RCW 9A.56.120
Extortion in the first degree.
•
(1)A person is guilty of extortion in the first degree if he commits extortion by means of a threat as
defined in RCW 9A.04.110(25) (a), (b), or(c).
(2) Extortion in the first degree is a class B felony.
[1975 1st ex.s.c 260§9A.54:1.2Q.]
RCW 9A.56.130
Extortion in the second degree.
(1) A person is guilty of extortion in the second degree if he or she commits extortion by means of a
wrongful threat as defined in RCW 9A.04.110(25) (d) through (j).
(2) In any prosecution under this section based on a threat to accuse any person of a crime or cause
criminal charges to be instituted against any person, it is a defense that the actor reasonably believed the
threatened criminal charge to be true and that his or her sole purpose was to compel or induce the person
threatened to take reasonable action to make good the wrong which was the subject of such threatened
criminal charge.
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(3) Extortion in the second degree is a class C felony.
[2002 c 47 § 2; 1975 1st ex.s.c 260§9A.56.130.]
NOTES:
Intent-- 2002 c 47: "The legislature intends to revise the crime of extortion in the second degree in
response to the holding in State v. Pauling, 108 Wn. App. 445 (2001), by adding a requirement that the
threat required for conviction of the offense be wrongful." [2002 c 47 § 1.1
RCW 9A.56.140
Possessing stolen property-- Definition -- Presumption.
*** CHANGE IN 2004 *** (SEE 6338.SL) ***
(1) "Possessing stolen property" means knowingly to receive, retain, possess, conceal, or dispose of
stolen property knowing that it has been stolen and to withhold or appropriate the same to the use of any
person other than the true owner or person entitled thereto.
(2) The fact that the person who stole the property has not been convicted, apprehended, or identified
is not a defense to a charge of possessing stolen property.
(3) When a person has in his or her possession, or under his or her control, stolen access devices
issued in the names of two or more persons, or ten or more stolen merchandise pallets, or ten or more
stolen beverage crates, or a combination of ten or more stolen merchandise pallets and beverage crates,
as defined under RCW 9A.56.010, he or she is presumed to know that they are stolen.
(4) The presumption in subsection (3) of this section is rebuttable by evidence raising a reasonable
inference that the possession of such stolen access devices,merchandise pallets, or beverage crates was
without knowledge that they were stolen.
•
[1998 c 236§3; 1987 c 140§3; 1975 1st ex.s.c 260§9A.56.140.]
RCW 9A.56.150
Possessing stolen property in the first degree -- Other than firearm.
(1) A person is guilty of possessing stolen property in the first degree if he or she possesses stolen
property other than a firearm as defined in RCW 9.41.010 which exceeds one thousand five hundred
dollars in value.
(2) Possessing stolen property in the first degree is a class B felony.
[1995 c 129§ 14(Initiative Measure No. 159); 1975 1st ex.s.c 260§9A.56.150.]
NOTES:
Findings and intent-- Short title-- Severability-- Captions not law-- 1995. c 129: See notes
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following RCW 9.94A.510.
RCW 9A.56.160
Possessing stolen property in the second degree-- Other than firearm.
(1) A person is guilty of possessing stolen property in the second degree if:
(a) He or she possesses stolen property other than a firearm as defined in RCW 9.41.010 which
exceeds two hundred fifty dollars in value but does not exceed one thousand five hundred dollars in
value; or
(b) He or she possesses a stolen public record, writing or instrument kept, filed, or deposited
according to law; or
(c) He or she possesses a stolen access device; or
(d) He or she possesses a stolen motor vehicle of a value less than one thousand five hundred dollars.
(2) Possessing stolen property in the second degree is a class C felony.
[1995 c 129 § 15(Initiative Measure No. 159); 1994 sp.s.c 7 §434; 1987 c 140§4; 1975 1st ex.s.c 260 § 9A.56.160.)
NOTES:
Findings and intent-- Short title-- Severability-- Captions not law-- 1995 c 129: See notes
following RCW 9.94A.510.
Finding-- Intent-- Severability-- 1994 sp.s. c 7: See notes following RCW 43.70.540.
Effective date -- 1994 sp.s. c 7 §§401-410,413-416,418-437, and 439-460: See note following
RCW 9.41.010.
RCW 9A.56.1.70
Possessing stolen property in the third degree.
(1) A person is guilty of possessing stolen property in the third degree if he or she possesses (a) stolen
property which does not exceed two hundred fifty dollars in value, or(b) ten or more stolen merchandise
pallets, or ten or more stolen beverage crates, or a combination of ten or more stolen merchandise pallets
and beverage crates.
(2) Possessing stolen property in the third degree is a gross misdemeanor.
[1998 c 236§2; 1975 1st ex.s.c 260§
RCW 9A.56.180
Obscuring the identity of a machine.
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(1) A person is guilty of obscuring the identity of a machine if he knowingly:
7.
(a) Obscures the manufacturer's serial number or any other distinguishing identification number or
mark upon any vehicle, machine, engine, apparatus, appliance, or other device with intent to render it
unidentifiable; or
(b) Possesses a vehicle, machine, engine, apparatus, appliance, or other device held for sale knowing
that the serial number or other identification number or mark has been obscured.
(2) "Obscure" means to remove, deface, cover, alter, destroy, or otherwise render unidentifiable.
(3) Obscuring the identity of a machine is a gross misdemeanor.
[1975-'76 2nd cx.s.c 38§ 11; 1975 1st ex.s. c 260§9A.56.180.]
NOTES:
Effective date-- Severability-- 1975-'76 2nd ex.s. c 38: See notes following RC\'V 9A.08.020.
RCW 9A.56.190
Robbery-- Definition.
A person commits robbery when he unlawfully takes personal property from the person of another or in
his presence against his will by the use or threatened use of immediate force, violence, or fear of injury
to that person or his property or the person or property of anyone. Such force or fear must be used to
obtain or retain possession of the property, or to prevent or overcome resistance to the taking; in either
of which cases the degree of force is immaterial. Such taking constitutes robbery whenever it appears
that, although the taking was fully completed without the knowledge of the person from whom taken,
such knowledge was prevented by the use of force or fear.
[1975 1 st ex.s.c 260§9A.56.190.1
RCW 9A.56.200
Robbery in the first degree.
(1) A person is guilty of robbery in the first degree if:
(a) In the commission of a robbery or of immediate flight therefrom, he or she:
(i) is armed with a deadly weapon; or
(ii) Displays what appears to be a firearm or other deadly weapon; or
(iii) Inflicts bodily injury; or
(b) He or she commits a robbery within and against a financial institution as defined in RCW
7.85.010 or 35.38.060.
(2) Robbery in the first degree is a class A felony.
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[2002 c 85 § 1; 1975 1st cx.s.c 260§ 9A.56.200.]
RCW 9A.56.210
Robbery in the second degree.
(1) A person is guilty of robbery in the second degree if he commits robbery.
(2) Robbery in the second degree is a class B felony.
[1975 1st ex.s.c 260 §9A.56.210.]
RCW 9A.56.220
Theft of subscription television services.
(l)A person is guilty of theft of subscription television services if with intent to avoid payment of the
lawful charge of a subscription television service, he or she:
(a) Obtains or attempts to obtain subscription television service from a subscription television service
company by trick, artifice, deception, use of a device or decoder, or other fraudulent means without
authority from the company providing the service;
(b) Assists or instructs a person in obtaining or attempting to obtain subscription television service
without authority of the company providing the service;
(c) Makes or maintains a connection or connections, whether physical, electrical, mechanical,
acoustical, or by other means, with cables, wires, components, or other devices used for the distribution
of subscription television services without authority from the company providing the services;
(d) Makes or maintains a modification or alteration to a device installed with the authorization of a
subscription television service company for the purpose of interception or receiving a program or other
service carried by the company that the person is not authorized by the company to receive; or
(e) Possesses without authority a device designed in whole or in part to receive subscription
television services offered for sale by the subscription television service company, regardless of whether
the program or services are encoded, filtered, scrambled, or otherwise made unintelligible, or to perform
or facilitate the performance of any other acts set out in (a) through (d) of this subsection for the
reception of subscription television services without authority. •
(2) Theft of subscription television services is a gross misdemeanor.
[1995 c 92 § 2; 1989 c 11 § 1; 1985 c 430§ 1.]
NOTES:
Severability-- 1989 c 11: "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." [1989 c 11 § 33.]
Severability— 1985 c 430: "Jf any provision of this act or its application to any person or
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circumstance is held invalid, the remainder of the act or the application of the provision to other persons
or circumstances is not affected." [1985 c 430 § 7.]
RCW 9A.56.230
Unlawful sale of subscription television services.
(1) A person is guilty of unlawful sale of subscription television services if, with intent to avoid payment
or to facilitate the avoidance of payment of the lawful charge for any subscription television service, he
or she, without authorization from the subscription television service company:
(a) Publishes or advertises for sale a plan for a device that is designed in whole or in part to receive
subscription television or services offered for sale by the subscription television service company,
regardless of whether the programming or services are encoded, filtered, scrambled, or otherwise made
unintelligible;
(b) Advertises for sale or lease a device or kit fir a device designed in whole or in part to receive
•
subscription television services offered for sale by the subscription television service company,
regardless of whether the programming or services are encoded, filtered, scrambled, or otherwise made
unintelligible; or
(c) Manufactures, imports into the state of Washington, distributes, sells, leases, or offers for sale or
lease a device, plan, or kit for a device designed in whole or in part to receive subscription television
services offered for sale by the subscription television service company, regardless of whether the
programming or services are encoded, filtered, scrambled, or otherwise made unintelligible.
(2) Unlawful sale of subscription television services is a class C felony.
[1995 c 92 5 3; 1985 c 430
NOTES:
Severability-- 1985 c 430: See note following RCW 9A.56.220.
RCW 9A.56.240
Forfeiture and disposal of device used to commit violation.
Upon conviction of theft or unlawful sale of cable television services and upon motion and hearing, the
court shall order the forfeiture of any decoder, descrambler, or other device used in committing the
violation bf RCW 9A.56.220 or 9A.56230 as contraband and dispose of it at the court's discretion.
[1985 c 430§3.]
NOTES:
Severability-- 1985 c 430: See note following RCW 9A.56.220.
RCW 9A.56.250
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(1) In addition to the criminal penalties provided in RCW 9A.56.262 through 9A.56.266, there is created
a civil cause of action for theft of telecommunication services, for unlawful manufacture of a
telecommunication device, and for unlawful sale of a telecommunication device.
1
(2) A person who sustains injury to his or her person, business, or property by an act described in
RCW 9A.56.262, 9A.56.264, or 9A.56.266 may file an action in superior court for recovery of damages
and the costs of the suit, including reasonable investigative and attorneys' fees and costs.
(3) Upon finding a violation of 9A.56.262, 9A.56.264, or 9A.56.266, in addition to the remedies
described in this section, the court may impose a civil penalty not exceeding twenty-five thousand
dollars.
(4) The superior court may grant temporary and final injunctions on such terms as it deems
reasonable to prevent or restrain violations of RCW 9A.56.262 through 9A.56.266.
[1995 c 92 §9.]
NOTES: -
Telecommunications crime: Chapter 9.26A RCW.
RCW 9A.56.270
Shopping cart theft.
(1) It is unlawful to do any of the following acts, if a shopping cart has a permanently affixed sign as
provided in subsection (2) of this section:
(a) To remove a shopping cart from the parking area of a retail establishment with the intent to
deprive the owner of the shopping cart the use of the cart; or
(b) To be in possession of any shopping cart that has been removed from the parking area of a retail
establishment with the intent to deprive the owner of the shopping cart the use of the cart.
(2) This section shall apply only when a shopping cart: (a) Has a sign permanently affixed to it that
identifies the owner of the cart or the retailer, or both; (b) notifies the public of the procedure to be
utilized for authorized removal of the cart from the premises; (c) notifies the public that the unauthorized
removal of the cart from the premises or parking area of the retail establishment, or the unauthorized
possession of the cart, is unlawful; and (d) lists a telephone number or address for returning carts
removed from the premises or parking area to the owner or retailer.
(3)Any person who violates any provision of this section is guilty of a misdemeanor.
[1985 c 382 §2.]
NOTES:
Severability-- 1985 c 382: See note following RCW 9A.56.0 10.
RCW 9A.56.280
Credit, debit cards, checks, etc. -- Definitions.
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As used in RCW 9A.56.280, 9A.56.290, 9A.60.020,9A.56.320, and 9A.56.330, unless the context
requires otherwise:
f �1
(1) "Cardholder" means a person to whom a credit card or payment card is issued or a person who
otherwise is authorized to use a credit card or payment card.
(2) "Check" means a negotiable instrument that meets the definition of"check" under RCW 62A3-
104 or a blank form instrument that would meet the definition of"check" under RCW62A.3-104 if it
were completed and signed.
(3) "Credit card" means a card, plate, booklet, credit card number, credit card account number, or
other identifying symbol, instrument, or device that can be used to pay for, or to obtain on credit, goods
or services.
(4) "Credit card or payment card transaction" means a sale or other transaction in which a credit card
or payment card is used to pay for, or to obtain on credit, goods or services.
(5) "Credit card or payment card transaction record" means a record or evidence of a credit card or
payment card transaction, including, without limitation, a paper, sales draft, instrument, or other writing
and an electronic or magnetic transmission or record.
•
(6) "Debit card" means a card used to obtain goods or services by a transaction that debits the
cardholder's account, rather than extending credit.
. (7) "Financial information" means financial information as defined in RCW 9.35.005.
(8) "Financial institution" means a bank, trust company, mutual savings bank, savings and loan
association, or credit union authorized under state or federal law to do business and accept deposits in
Washington.
(9) "Means of identification" means means of identification as defined in RCW 9.35.005.
(10) "Merchant" means an owner or operator of any retail mercantile establishment or any agent,
employee, lessee, consignee, officer, director, franchisee, or independent contractor of such owner or
operator. "Merchant" also means a person who receives from an authorized user, a payment card or
information from a payment card, or what the person believes to be a payment card or information from
a payment card, as the instrument for obtaining, purchasing, or receiving goods, services, money, or
anything else of value from the person.
(11) "Payment card" means a credit card, charge card, debit card, stored value card, or any card that
is issued to an authorized card user and that allows the user to obtain goods, services, money, or
anything else of value from a merchant.
(12) "Person" means an individual, partnership, corporation, trust, or unincorporated association, but •
does not include a financial institution or its authorized employees, representatives, or agents.
(13) "Personal identification" means any driver's license, passport, or identification card actually or
purportedly issued by any federal, state, local or foreign governmental entity; any credit card or debit
• card; or any employee identification card actually or purportedly issued by any employer,public or
private, including but not limited to a badge or identification or access card.
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Chapter 9.16 RCW
BRANDS AND MARKS, CRIMES RELATING TO
RCW SECTIONS
9.16.005 Definitions.
9.16.010 Removing lawful brands.
9.16.020 Imitating lawful brand.
elll6IWCounterfeit mark -- Intellectual property.
9.16.035 Counterfeiting -- Penalties.
9.16.041 Counterfeit items -- Seizure and forfeiture.
, ,10 .0 When deemed affixed.
re419(�fi!)i raudulent registration of trademark. •
!IlaWMForm and similitude defined.
94 C�!t)hQ Petroleum products improperly labeled or graded.
19_lci!ci8 Petroleum products -- Penalty.
(<i)l1.1I 1�10).01Use of the words "sterling silver," etc.
,11161(II11Q Use of words "coin silver," etc.
�L Vii.Ib2l1 Use of the word "sterling" on Ofimuuse of the words "coin silver" on mounting.
t;9il]rGvro Unlawfully marking article made of gold.
9111 i?i11;{(11"Marked, stamped or branded" defined.
NOTES:
Animals and livestock: Title 16 RCW.
Defacement of motor serial numbers: RCW 9A.56.180.
Egg law: Chapter 69.25 RCW.
Fertilizers, minerals, and limes, brand alteration, etc.: Chapter 15.54 RCW.
Food, drugs, and cosmetics: Chapter 69.04 RCW.
•
Forest products, marks and brands: Chapter 76.36 RCW.
Honey act, misbranding, etc.: Chapter 69.28 RCW.
• Poisons, misbranding: Chapters 69.36, 69.40 RCW.
Trademark registration: Chapters 19.76, 19.77 RCW.
Watches, removal of serial number: Chapter 19.60 RCW.
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RCW 9 . 16 CHAPTER Page 3 of 8
own use, the property of such other owner, guilty of a felony, and be punished by imprisonment in a
state correctional facility for not more than five years, or by imprisonment in the county jail for not more
(7Th than one year, or by a fine of not more than one thousand dollars, or by both fine and imprisonment; or
(2) If done without such intent, guilty of a misdemeanor.
[1992 c 7 §4; 1909 c 249 §343; RRS§2595.]
RCW 9.16.030
Counterfeit mark-- Intellectual property.
Any person who willfully and knowingly, and for financial gain, manufactures, uses, displays,
advertises, distributes, offers for sale, sells or possesses with intent to sell or distribute any item, or
offers any services, bearing or identified by a counterfeit mark, is guilty of the crime of counterfeiting.
Any state or federal certificate of registration of any intellectual property is prima facie evidence of
the facts stated in the certificate.
[1999 c 322 § 2; 1909 c 249§344;Code 1 S81 §854; 1873 p 194 §63; 1854 p 85 §87; RRS*2596.]
RCW 9.16.035
Counterfeiting-- Penalties.
(1) Counterfeiting is a misdemeanor, except as provided in subsections (2), (3) and (4) of this section.
(2) Counterfeiting is a gross misdemeanor if
(a) The defendant has previously been convicted under RCW 9.16.030; or
(b)The violation involves more than one hundred but fewer than one thousand items bearing a
counterfeit mark or the total retail value of all items bearing a counterfeit mark or the total retail value of
all items bearing, or services identified by, a counterfeit mark is more than one thousand dollars but less
than ten thousand dollars.
(3) Counterfeiting is a class C felony if:
(a) The defendant has been previously convicted of two or more offenses under RCW .16.030;
(b)The violation involves the manufacture or production of items bearing counterfeit marks; or
(c) The violation involves one thousand or more items bearing a counterfeit mark or the total retail
value of all items bearing, or services identified by, a counterfeit mark is ten thousand dollars or more.
(4) Counterfeiting is a class C felony if:
(a) The violation involves the manufacture, production, or distribution of items bearing counterfeit
marks; and
(b)The defendant knew or should have known that the counterfeit items, by their intended use,
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RCW 9 . 16 CHAPTER Page 4 of 8
endangered the health or safety of others.
(5) For purposes of this section, the quantity or retail value of items or services shall include the
\ �� aggregate quantity or retail value of all items bearing, or services identified by, every counterfeit mark
the defendant manufactures, uses, displays, advertises, distributes, possesses, or possesses with intent to
sell.
(6) A person guilty of counterfeiting shall be fined an amount up to three times the retail value of the
items bearing, or services identified by, a counterfeit mark, unless extenuating circumstances are shown
by the defendant.
(7) The penalties provided for in this section are cumulative and do not affect any other civil and
criminal penalties provided by law.
[1999 c 322 § 3.)
RCW 9.16.041.
Counterfeit items -- Seizure and forfeiture.
(1) Any items bearing a counterfeit mark, and all personal property employed or used in connection with
counterfeiting, including but not limited to, any items, objects, tools, machines, equipment, instruments,
or vehicles of any kind, shall be seized by any law enforcement officer.
All seized personal property referenced in this subsection shall be forfeited in accordance with RCW
10.105.010.
(2) Upon request of the intellectual property owner, all seized items bearing a counterfeit mark shall
be released to the intellectual property owner for destruction or disposition.
(3) if the intellectual property owner does not request release of seized items bearing a counterfeit
mark, such items shall be destroyed unless the intellectual property owner consents to another
disposition.
[1999 c 322 §4.]
RCW 9.16.050
When deemed affixed.
A label, trademark, term, design, device or form of advertisement shall be deemed to be affixed to any
goods, wares, merchandise, mixture, preparation or compound whenever it is in any manner placed in or
upon either the article itself, or the box,bale, barrel, bottle, case, cask or other vessel or package, or the
cover, wrapper, stopper, brand, label or other thing in, by or with which the goods are packed, enclosed
or otherwise prepared for sale or distribution.
[1909 c 249§ 346;RRS § 2598.]
•
RCW 9.16.060
Fraudulent registration of trademark.
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Every person who shall for himself, or on behalf of any other person, corporation, association or union,
procure the filing of any label, trademark, term, design, device or form of advertisement, with the
r ) secretary of state by any fraudulent means, shall be guilty of a misdemeanor.
[1909 c 249§ 347;RRS§2599.]
NOTES:
Trademark registration: Chapter 19.77 RCW.
RCW 9.16.070
Form and similitude defined.
A plate, label, trademark, term, design, device or form of advertisement is in the form and similitude of
the genuine instrument imitated if the finished parts of the engraving thereupon shall resemble or
conform to the similar parts of the genuine instrument.
[1909 c 249§348;RRS§ 2600.]
RCW 9.16.080
Petroleum products improperly labeled or graded. (Effective until July I, 2004.)
It shall be unlawful for any person, firm or corporation:
(1) To use, adopt, place upon, or permit to be used, adopted or placed upon, any barrel, tank, drum or
other container of gasoline or lubricating oil for internal combustion engines, sold or offered for sale, or
- upon any pump or other device used in delivering the same, any trade name, trademark, designation or
other descriptive matter, which is not the true and correct trade name, trademark, designation or other
descriptive matter of the gasoline or lubricating oil so sold or offered for sale;
(2) To sell, or offer for sale, or have in his or its possession with intent to sell, any gasoline or
lubricating oil, contained in, or taken from, or through any barrel, tank, drum, or other container or
pump or other device, so unlawfully labeled or marked, as hereinabove provided;
(3) To sell, or offer for sale, or have in his or its possession with intent to sell any gasoline or
lubricating oil for internal combustion engines and to represent to the purchaser, or prospective
purchaser, that such gasoline or lubricating oil so sold or offered for sale, is of a quality, grade or
standard, or the product of a particular gasoline or lubricating oil manufacturing, refining or distributing
company or association, other than the true quality, grade, standard, or the product of a particular
gasoline or oil manufacturing, refining or distributing company or association, of the gasoline or oil so
offered for sale or sold.
[1927 c 222§ 1;RRS §2637-1.]
RCW 9.16.080
Petroleum products improperly labeled or graded-- Penalty. (Effective July 1, 2004.)
(1) It shall be unlawful for any person, firm, or corporation:
(a) To use, adopt, place upon, or permit to be used, adopted or placed upon, any barrel, tank, drum or
other container of gasoline or lubricating oil for internal combustion engines, sold or offered for sale, or
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•
RCW 9 . 16 CHAPTER Page 6 of 8
upon any pump or other device used in delivering the same, any trade name, trademark, designation or
other descriptive matter, which is not the true and correct trade name, trademark, designation or other
descriptive matter of the gasoline or lubricating oil so sold or offered for sale;
(b) To sell, or offer for sale, or have in his or her or its possession with intent to sell, any gasoline or
lubricating oil, contained in, or taken from, or through any barrel, tank, drum, or other container or
pump or other device, so unlawfully labeled or marked, as hereinabove provided;
(c) To sell, or offer for sale, or have in his or her or its possession with intent to sell any gasoline or
lubricating oil for internal combustion engines and to represent to the purchaser, or prospective
purchaser, that such gasoline or lubricating oil so sold or offered for sale, is of a quality, grade or
standard, or the product of a particular gasoline or lubricating oil manufacturing, refining or distributing
company or association, other than the true quality, grade, standard, or the product of a particular
gasoline or oil manufacturing,refining or distributing company or association, of the gasoline or oil so
offered for sale or sold.
(2)(a) Except as provided in (b) of this subsection, any person, firm, or corporation violating this
section is guilty of a misdemeanor.
(b) A second and each subsequent violation of this section is a gross misdemeanor.
[2003 c 53 § 14; 1927 c 222 § 1;RRS§2637-11
NOTES:
intent-- Effective date -- 2003 c 53: See notes following RCW 2.48.180.
RCW 9.16.090
•
Petroleum products -- Penalty. (Effective until July 1, 2004.)
Any person, fine or corporation, violating any of the provisions of RCW 9.16.080 shall be guilty of a
misdemeanor, and for a second, and each subsequent, violation of any provision of RCW 9.16.080 shall
be guilty of a gross misdemeanor.
[1927 c 222 §2;RRS § 2637-2.]
RCW 9.16.100
Use of the words "sterling silver," etc.
Every person who shall make, sell or offer to sell or dispose of or have in his possession with intent to
sell or dispose of any metal article marked, stamped or branded with the words "sterling," "sterling
silver," or "solid silver," unless nine hundred twenty-five one-thousandths of the component parts of the
metal of which such article and all parts thereof is manufactured is pure silver, shall be guilty of a gross
misdemeanor.
[1909 c 249§428;RRS§ 2680.]
RCW 9.16.110
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Use of words "coin silver," etc.
( " Every person who shall make, sell or offer to sell or dispose of, or have in his possession with intent to
dispose of any metal article marked, stamped or branded with the words "coin," or "coin silver," unless
nine hundred one-thousandths of the component parts of the metal of which such article and all parts
thereof is manufactured, is pure silver, shall be guilty of a gross misdemeanor.
[1909 c 249§429; RRS § 2681.]
RCW 9.16.120
Use of the word "sterling" on mounting.
Every person who shall make, sell, offer to sell or dispose of, or have in his possession with intent to sell
or dispose of, any article comprised of leather, shell, ivory, celluloid, pearl, glass, porcelain, pottery,
steel or wood, to which is applied or attached a metal mounting marked, stamped or branded with the
words "sterling," or"sterling silver," unless nine hundred twenty-five one-thousandths of the component
parts of the metal of which such metal mounting is manufactured is pure silver, shall be guilty of a gross
misdemeanor. •
[1909 c 249§ 430;RRS §2682.]
RCW 9.16.130
Use of the words "coin silver" on mounting.
Every person who shall make, sell, offer to sell or dispose of, or have in his possession with intent to sell
or dispose of, any article comprised of leather, shell, ivory, celluloid, pearl, glass, porcelain, pottery,
steel or wood, to which is applied or attached a metal mounting marked, stamped or branded with the
words "coin" or"coin silver," unless nine hundred one-thousandths of the component parts of the metal
of which such metal mounting is manufactured is pure silver, shall be guilty of a gross misdemeanor.
•
[1909 c 249 §431;RRS§2683.]
•
RCW 9.16.140
Unlawfully marking article made of gold.
Every person who shall make, sell, offer to sell or dispose of, or have in his possession with intent to sell
or dispose of, any article constructed wholly or in part of gold, or of an alloy of cold, and marked,
stamped or branded in such manner as to indicate that the gold or alloy of gold in such article is of a
greater degree or carat of fineness, by more than one carat, than the actual carat or fineness of such gold
or alloy of gold, shall be guilty of a gross misdemeanor.
•
[1909c249§432;RRS§2684.]
RCW 9.16.150
"Marked, stamped or branded" defined.
An article shall be deemed to be "marked, stamped or branded" whenever such article, or any box,
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package, cover or wrapper in which the same is enclosed, encased or prepared for sale or delivery, or
any card, label or placard with which the same may be exhibited or displayed, is so marked, stamped or
branded.
11909 c 249§433;RRS§26851
•
•
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RCW 9A.52.010
Definitions.
The following definitions apply in this chapter:
(I) "Premises" includes any building, dwelling, structure used for commercial
aquaculture, or any real property;
(2) "Enter". The word "enter" when constituting an element or part of a crime, shall
include the entrance of the person, or the insertion of any part of his body, or any
instrument or weapon held in his hand and used or intended to be used to threaten or
intimidate a person or to detach or remove property;
(3) "Enters or remains unlawfully". A person "enters or remains unlawfully" in or upon
premises when he is not then licensed, invited, or otherwise privileged to so enter or
remain.
A license or privilege to enter or remain in a building which is only partly open to the
public is not a license or privilege to enter or remain in that part of a building which is not
open to the public. A person who enters or remains upon unimproved and apparently-
unused land, which is neither fenced nor otherwise enclosed in a manner designed to
exclude intruders, does so with license and privilege unless notice against trespass is
personally communicated to him by the owner of the land or some other authorized
person, or unless notice is given by posting in a conspicuous manner. Land that is used for
commercial aquaculture or for growing an agricultural crop or crops, other than timber, is
0 not unimproved and apparently unused land if a crop or any other sign of cultivation is
clearly visible or if notice is given by posting in a conspicuous manner. Similarly, a field
fenced in any manner is not unimproved and apparently unused land;
(4) "Data" means a representation of information, knowledge, facts, concepts, or
instructions that are being prepared or have been prepared in a formalized manner and are
intended for use in a computer;
(5) "Computer program" means an ordered set of data representing coded instructions
or statements that when executed by a computer cause the computer to process data;
(6) "Access" means to approach, instruct, communicate with, store data in, retrieve data
from, or otherwise make use of any resources of a computer, directly or by electronic
means.
[1985 c 289 § I.Prior: 1984 c 273 § 5; 1984 c 49 § 1; 1975 1st ex.s.c 260§9A.52.010.]
•
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•
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RCW 9A.52.060
Making or having burglar tools.
• 'J (1) Every person who shall make or mend or cause to be made or mended, or have in his
possession, any engine, machine, tool, false key, pick lock, bit, nippers, or implement
adapted, designed, or commonly used for the commission of burglary under circumstances
evincing an intent to use or employ, or allow the same to be used or employed in the
commission of a burglary, or knowing that the same is intended to be so used, shall be
guilty of making or having burglar tools.
(2) Making or having burglar tools is a gross misdemeanor.
[1975 1st cx.s. c 260§9A.52.060.1
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RCW 9A.52.070
Criminal trespass in the first degree.
- (1) A person is guilty of criminal trespass in the first degree if he knowingly enters or
remains unlawfully in a building.
(2) Criminal trespass in the first degree is a gross misdemeanor.
11979 ex.s.c 244 § 12; 1975 1st cx.s.c 260§ 9A.52.070.]
NOTES:
Effective date -- 1979 ex.s. c 244: See RCW 9A.44.902.
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RCW 9A.52.080
Criminal trespass in the second degree.
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(1) A person is guilty of criminal trespass in the second degree if he knowingly enters or
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remains unlawfully in or upon premises of another under circumstances not constituting
criminal trespass in the first degree.
(2) Criminal trespass in the second degree is a misdemeanor.
[1979 cx.s.c 244 § 13; 1975 I st ex.s. c 260§ 9A.52.080.]
NOTES:
Effective date -- 1979 cx.s. c 244: See RCW 9A.44.902.
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RCW 9A.52.090
Criminal trespass -- Defenses.
In any prosecution under RCW 9A.52.070 and 9A.52.080, it is a defense that:
(1) A building involved in an offense under R.CW 9A.52.070 was abandoned; or
(2) The premises were at the time open to members of the public and the actor
complied with all lawful conditions imposed on access to or remaining in the premises; or
(3)The actor reasonably believed that the owner of the premises, or other person
empowered to license access thereto, would have licensed him to enter or remain; or
(4)The actor was attempting to serve legal process which includes any document
required or allowed to be served upon persons or property, by any statute, rule, ordinance,
regulation, or court order, excluding delivery by the mails of the United States. This
defense applies only if the actor did not enter into a private residence or other building not
open to the public and the entry onto the premises was reasonable and necessary for
service of the legal process.
[1986 c 219§ 2; 1975 1st ex.s.c 260§9A.52.090.i
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RCW 9A.52.100
Vehicle prowling in the second degree.
I A person is guilty of vehicle prowling in the second degree if, with intent to commit a
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crime against a person or property therein, he enters or remains unlawfully in a vehicle
other than a motor home, as defined in R.CW 46.04.305, or a vessel equipped for
propulsion by mechanical means or by sail which has a cabin equipped with permanently
installed sleeping quarters or cooking facilities.
(2) Vehicle prowling in the second degree is a gross misdemeanor.
[1932 1st ex.s. c 47§ 14; 1975 1st cx.s.c 260§ 9A.52.100.]
NOTES:
Severability-- 1982 1st ex.s. c 47: See note following RCW 9.41.190.
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RCW 9A.52.120
Computer trespass in the second degree.
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(1) A person is guilty of computer trespass in the second degree if the person, without
authorization, intentionally gains access to a computer system or electronic data base of
another under circumstances not constituting the offense in the first degree.
(2) Computer trespass in the second degree is a gross misdemeanor.
[1984 c 273 §2.]
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RCW 9A.52.130
Computer trespass-- Commission of other crime.
A person who, in the commission of a computer trespass, commits any other crime may be
punished for that other crime as well as for the computer trespass and may be prosecuted
for each crime separately.
[1984 c 273 §3.]
NOTES:
Physical damage to computer programs: .RCW 9A.48.100.
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.RCW 9.73.020
Opening sealed letter.
Every person who shall wilfully open or read, or cause to be opened or read, any sealed
message, letter or telegram intended for another person, or publish the whole or any
portion of such a message, letter or telegram, knowing it to have been opened or read
without authority, shall be guilty of a misdemeanor.
[1909e249§411; RRS§2663.]
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I. Chri line Bainbridge, Spokane Valley City Clerk, hereby certify that the copies of the RCN
Statutes contained herein are authentic copies as taken from the Revised Code of Washington
website May 4 and 5, 2004,
• Dated this 5th day of May, 2004.
1.■2<-11—'
f _.
Irri fine I3ainbricl
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