title: RCW 9A.46.060

text:
As used in this chapter, "harassment" may include but is not limited to any of the following crimes:
(1) Harassment (RCW 9A.46.020);
(2) Hate crime (RCW 9A.36.080);
(3) Telephone harassment (RCW 9.61.230);
(4) Assault in the first degree (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);
(26) Indecent liberties (RCW 9A.44.100);
(27) Rape of a child in the first degree (RCW 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.46.110);
(34) Cyber harassment (RCW 9A.90.120);
(35) Residential burglary (RCW 9A.52.025);
(36) Violation of a temporary, permanent, or final protective order issued pursuant to chapter 9A.44, 9A.46, 10.99, or 26.09 RCW or any of the former chapters 7.90, 10.14, and 26.50 RCW, or violation of a domestic violence protection order, sexual assault protection order, or antiharassment protection order issued under chapter 7.105 RCW;
(37) Unlawful discharge of a laser in the first degree (RCW 9A.49.020);
(38) Unlawful discharge of a laser in the second degree (RCW 9A.49.030); and
(39) Felony hazing (RCW 28B.10.901(2)(b)).
[ 2023 c 196 s 4; 2022 c 231 s 15; (2022 c 231 s 14 expired July 1, 2022); 2021 c 215 s 109; 2019 c 271 s 8; 2006 c 138 s 21; 2004 c 94 s 4; 1999 c 180 s 7; 1997 c 338 s 52. Prior: 1994 c 271 s 802; 1994 c 121 s 2; prior: 1992 c 186 s 4; 1992 c 145 s 12; 1988 c 145 s 15; 1985 c 288 s 6.]
Notes:
Short title—2023 c 196: See note following RCW 28B.10.901.
Effective date—2022 c 231 ss 8, 9, 11, 13, and 15: See note following RCW 7.105.010.
Expiration date—2022 c 231 ss 7, 10, 12, 14, 16, and 17: See note following RCW 9.94A.030.
Effective date—2022 c 268; 2021 c 215: See note following RCW 7.105.900.
Severability—Effective dates—2004 c 94: See notes following RCW 9A.90.120.
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.

catchline: Crimes included in harassment.


doc_type: statute

jurisdiction: wa

title: RCW 9A.46.070

text:
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.
[ 1985 c 288 s 7.]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Enforcement of orders restricting contact.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 9A.46.080

text:
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 or an equivalent local ordinance is a gross 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.
[ 2012 c 223 s 2; 2011 c 307 s 5; 1985 c 288 s 8.]

catchline: Order restricting contact—Violation.


title: RCW 9A.46.085

text:
(1) A defendant arrested for stalking as defined by RCW 9A.46.110 shall be required to appear in person before a magistrate within one judicial day after the arrest.
(2) At the time of appearance provided in subsection (1) of this section the court shall determine the necessity of imposing a stalking no-contact order under this chapter.
(3) Appearances required pursuant to this section are mandatory and cannot be waived.
(4) The stalking no-contact order shall be issued and entered with the appropriate law enforcement agency pursuant to the procedures outlined in this chapter.
[ 2021 c 215 s 110; 2013 c 84 s 28.]
Notes:
Effective date—2022 c 268; 2021 c 215: See note following RCW 7.105.900.

catchline: Stalking no-contact orders—Appearance before magistrate required.


title: RCW 9A.46.090

text:
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 s 9.]

catchline: Nonliability of peace officer.


title: RCW 9A.46.100

text:
As used in RCW 9.61.230, * 9.61.260, 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.
[ 2004 c 94 s 5; 1992 c 186 s 5; 1985 c 288 s 10.]
Notes:
*Reviser's note: RCW 9.61.260 was recodified as RCW 9A.90.120 pursuant to 2022 c 231 s 4.
Severability—Effective dates—2004 c 94: See notes following RCW 9A.90.120.
Severability—1992 c 186: See note following RCW 9A.46.110.

catchline: "Convicted," time when.


title: RCW 9A.46.110

text:
(1)(a) A person commits the crime of stalking if, without lawful authority the person:
(i) Intentionally and repeatedly harasses another person;
(ii) Intentionally and repeatedly follows another person;
(iii) Intentionally contacts, follows, tracks, or monitors, or attempts to contact, follow, track, or monitor another person after being given actual notice that the person does not want to be contacted, followed, tracked, or monitored; or
(iv) Knowingly and without consent installs or monitors an electronic tracking device, or causes an electronic tracking device to be installed, placed, or used, to track the location of another person; and
(b) The person being harassed, followed, tracked, or monitored suffers substantial emotional distress or is placed in fear that the stalker intends to injure him or her, or another person, or his or her property or the property of another person, or, in the circumstances identified in (a)(iv) of this subsection, the victim's knowledge of the tracking device would reasonably elicit substantial emotional distress or fear. The feeling of substantial emotional distress or fear must be one that a reasonable person in the same situation would experience given the totality of the circumstances.
(2)(a) It is not a defense to the crime of stalking under subsection (1)(a)(i), (ii), or (iv) of this section that the stalker was not given actual notice that the person did not want the stalker to contact, follow, track, or monitor him or her; and
(b) It is not a defense to the crime of stalking under subsection (1)(a)(i) of this section that the stalker did not intend to frighten or intimidate the person or place the person in substantial emotional distress.
(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) The provisions of this section do not apply to the installation, placement, or use of an electronic tracking device by any of the following:
(a) A law enforcement officer, judicial officer, probation or parole officer, or other public employee when any such person is engaged in the lawful performance of official duties and in accordance with state or federal law;
(b) The installation, placement, or use of an electronic tracking device authorized by an order of a state or federal court;
(c) A legal guardian for a disabled adult or a legally authorized individual or organization designated to provide protective services to a disabled adult when the electronic tracking device is installed, placed, or used to track the location of the disabled adult for which the person is a legal guardian or the individual or organization is designated to provide protective services;
(d) A parent or legal guardian of a minor when the electronic tracking device is installed, placed, or used to track the location of that minor unless the parent or legal guardian is subject to a court order that orders the parent or legal guardian not to assault, threaten, harass, follow, or contact that minor;
(e) An employer, school, or other organization, who owns the device on which the tracking device is installed and provides the device to a person for use in connection with the person's involvement with the employer, school, or other organization and the use of the device is limited to recovering lost or stolen items; or
(f) The owner of fleet vehicles, when tracking such vehicles. For the purposes of this section, "fleet vehicle" means any of the following:
(i) One or more motor vehicles owned by a single entity and operated by employees or agents of the entity for business or government purposes;
(ii) Motor vehicles held for lease or rental to the general public; or
(iii) Motor vehicles held for sale, or used as demonstrators, test vehicles, or loaner vehicles, by motor vehicle dealers.
(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 person is guilty of a class B 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;
(ii) The stalking violates any protective order protecting the victim;
(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.825, while stalking the victim;
(v)(A) The victim is or was a law enforcement officer; judge; juror; attorney; victim advocate; legislator; community corrections' officer; an employee, contract staff person, or volunteer of a correctional agency; court employee, court clerk, or courthouse facilitator; or an employee of the child protective, child welfare, or adult protective services division within the department of social and health services; and
(B) 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 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) "Actual notice" includes, in addition to any other form of actual notice, circumstances in which the other person has a protective order in effect protecting him or her from the person.
(b) "Contact" includes, in addition to any other form of contact or communication, the sending of an electronic communication to the other person.
(c) "Correctional agency" means a person working for the department of natural resources in a correctional setting or any state, county, or municipally operated agency with the authority to direct the release of a person serving a sentence or term of confinement and includes but is not limited to the department of corrections, the indeterminate sentence review board, and the department of social and health services.
(d) "Course of conduct" means a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose. "Course of conduct" includes, in addition to any other form of communication, contact, or conduct, the sending of an electronic communication, but does not include constitutionally protected free speech. Constitutionally protected activity is not included within the meaning of "course of conduct."
(e) "Electronic tracking device" means an electronic device that permits a person to remotely determine or monitor the position and movement of another person, vehicle, device, or other personal possession. As used in this subsection (6)(e), "electronic device" includes computer code or other digital instructions that once installed on a digital device, allows a person to remotely track the position of that device.
(f) "Follows" means deliberately maintaining visual or physical proximity to a specific person over a period of time. A finding that the 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 stalker follows the person. It is not necessary to establish that the stalker follows the person while in transit from one location to another.
(g) "Harasses" means a knowing and willful course of conduct directed at a specific person which seriously alarms, annoys, torments, or is detrimental to such person, and which serves no legitimate or lawful purpose.
(h) "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.
(i) "Repeatedly" means on two or more separate occasions.
(j) "Substantial emotional distress" means a mental, emotional, or physical reaction such as anxiety, apprehension, or loss of ability to concentrate or other symptoms, whether or not medical or other professional treatment or counseling is sought or required, which degrades the victim's quality of life.
[ 2023 c 461 s 1; 2021 c 215 s 111; 2013 c 84 s 29; 2007 c 201 s 1; 2006 c 95 s 3; 2003 c 53 s 70. Prior: 1999 c 143 s 35; 1999 c 27 s 3; 1994 c 271 s 801; 1992 c 186 s 1.]
Notes:
Effective date—2022 c 268; 2021 c 215: See note following RCW 7.105.900.
Findings—Intent—2006 c 95: See note following RCW 74.04.790.
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—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 s 10.]

catchline: Stalking.


title: RCW 9A.46.120

text:
A person commits the offense of criminal gang intimidation if the person threatens another person with bodily injury because the other person refuses to join or has attempted to withdraw from a gang, as defined in RCW 28A.600.455, if the person who threatens the victim or the victim attends or is registered in a public or alternative school. Criminal gang intimidation is a class C felony.
[ 1997 c 266 s 3.]
Notes:
Findings—Intent—Severability—1997 c 266: See notes following RCW 28A.600.455.

catchline: Criminal gang intimidation.


title: RCW 9A.46.900

text:
This act shall be known as the antiharassment act of 1985.
[ 1985 c 288 s 12.]

catchline: Short title.


title: RCW 9A.46.905

text:
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 May 1, 1985.
[ 1985 c 288 s 15.]

catchline: Effective date—1985 c 288.


title: RCW 9A.48.010

text:
(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 s 1; 1975-'76 2nd ex.s. c 38 s 6; 1975 1st ex.s. c 260 s 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 s 2.]
Effective date—Severability—1975-'76 2nd ex.s. c 38: See notes following RCW 9A.08.020.

catchline: Definitions.


title: RCW 9A.48.020

text:
(1) A person is guilty of arson in the first degree if he or she knowingly and maliciously:
(a) Causes a fire or explosion which is manifestly dangerous to any human life, including firefighters; or
(b) Causes a fire or explosion which damages a dwelling; or
(c) Causes a fire or explosion in any building in which there shall be at the time a human being who is not a participant in the crime; or
(d) Causes a fire or explosion on property valued at ten thousand dollars or more with intent to collect insurance proceeds.
(2) Arson in the first degree is a class A felony.
[ 2007 c 218 s 63; 1981 c 203 s 2; 1975 1st ex.s. c 260 s 9A.48.020.]
Notes:
Intent—Finding—2007 c 218: See note following RCW 41.08.020.

catchline: Arson in the first degree.


title: RCW 9A.48.030

text:
(1) A person is guilty of arson in the second degree if he or she knowingly and maliciously causes a fire or explosion which damages a building, or any structure or erection appurtenant to or joining any building, or any wharf, dock, machine, engine, automobile, or other motor vehicle, watercraft, aircraft, bridge, or trestle, or hay, grain, crop, or timber, whether cut or standing or any range land, or pasture land, or any fence, or any lumber, shingle, or other timber products, or any property.
(2) Arson in the second degree is a class B felony.
[ 2011 c 336 s 366; 1975 1st ex.s. c 260 s 9A.48.030.]

catchline: Arson in the second degree.


title: RCW 9A.48.040

text:
(1) A person is guilty of reckless burning in the first degree if he or she recklessly damages a building or other structure or any vehicle, railway car, aircraft, or watercraft or any hay, grain, crop, or timber whether cut or standing, by knowingly causing a fire or explosion.
(2) Reckless burning in the first degree is a class C felony.
[ 2011 c 336 s 367; 1975 1st ex.s. c 260 s 9A.48.040.]

catchline: Reckless burning in the first degree.


title: RCW 9A.48.050

text:
(1) A person is guilty of reckless burning in the second degree if he or she knowingly causes a fire or explosion, whether on his or her 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.
[ 2011 c 336 s 368; 1975 1st ex.s. c 260 s 9A.48.050.]

catchline: Reckless burning in the second degree.


title: RCW 9A.48.060

text:
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 260 s 9A.48.060.]

catchline: Reckless burning—Defense.


title: RCW 9A.48.070

text:
(1) A person is guilty of malicious mischief in the first degree if he or she knowingly and maliciously:
(a) Causes physical damage to the property of another in an amount exceeding five thousand dollars;
(b) Causes an interruption or impairment of service rendered to the public by physically damaging or tampering with an emergency vehicle or property of the state, a political subdivision thereof, or a public utility or mode of public transportation, power, or communication;
(c) Causes an impairment of the safety, efficiency, or operation of an aircraft by physically damaging or tampering with the aircraft or aircraft equipment, fuel, lubricant, or parts; or
(d) Causes an interruption or impairment of service rendered to the public by, without lawful authority, physically damaging, destroying, or removing an official ballot deposit box or ballot drop box or, without lawful authority, damaging, destroying, removing, or tampering with the contents thereof.
(2) Malicious mischief in the first degree is a class B felony.
[ 2017 c 283 s 1; 2009 c 431 s 4; 1983 1st ex.s. c 4 s 1; 1975 1st ex.s. c 260 s 9A.48.070.]
Notes:
Applicability—2009 c 431: See note following RCW 4.24.230.
Severability—1983 1st ex.s. c 4: "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 1st ex.s. c 4 s 6.]
Property crime database, liability: RCW 4.24.340.

catchline: Malicious mischief in the first degree.


title: RCW 9A.48.080

text:
(1) A person is guilty of malicious mischief in the second degree if he or she knowingly and maliciously:
(a) Causes physical damage to the property of another in an amount exceeding seven hundred fifty dollars;
(b) Creates a substantial risk of interruption or impairment of service rendered to the public, by physically damaging or tampering with an emergency vehicle or property of the state, a political subdivision thereof, or a public utility or mode of public transportation, power, or communication; or
(c) Creates a substantial risk of interruption or impairment of service rendered to the public by, without lawful authority, physically damaging, destroying, or removing an official ballot deposit box or ballot drop box or, without lawful authority, damaging, destroying, removing, or tampering with the contents thereof.
(2) Malicious mischief in the second degree is a class C felony.
[ 2017 c 283 s 2; 2009 c 431 s 5; 1994 c 261 s 17; 1979 c 145 s 2; 1975 1st ex.s. c 260 s 9A.48.080.]
Notes:
Applicability—2009 c 431: See note following RCW 4.24.230.
Finding—Intent—1994 c 261: See note following RCW 16.52.011.
Action by owner of stolen livestock: RCW 4.24.320.
Property crime database, liability: RCW 4.24.340.

catchline: Malicious mischief in the second degree.


title: RCW 9A.48.090

text:
(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) Malicious mischief in the third degree is a gross misdemeanor.
[ 2009 c 431 s 6; 2003 c 53 s 71; 1996 c 35 s 1; 1975 1st ex.s. c 260 s 9A.48.090.]
Notes:
Applicability—2009 c 431: See note following RCW 4.24.230.
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
Property crime database, liability: RCW 4.24.340.

catchline: Malicious mischief in the third degree.


title: RCW 9A.48.100

text:
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 and the cost to repair any physical damage;
(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 $750, the defendant may be charged with and convicted of malicious mischief in the second degree.
[ 2026 c 151 s 1; 2013 c 322 s 1; 1984 c 273 s 4; 1981 c 260 s 2. Prior: 1979 ex.s. c 244 s 11; 1979 c 145 s 3; 1977 ex.s. c 174 s 1; 1975 1st ex.s. c 260 s 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.90.040 and 9A.90.050.

catchline: Malicious mischief—"Physical damage" defined.


title: RCW 9A.48.105

text:
(1) A person is guilty of criminal street gang tagging and graffiti if he or she commits malicious mischief in the third degree under RCW 9A.48.090(1)(b) and he or she:
(a) Has multiple current convictions for malicious mischief in the third degree offenses under RCW 9A.48.090(1)(b); or
(b) Has previously been convicted for a malicious mischief in the third degree offense under RCW 9A.48.090(1)(b) or a comparable offense under a municipal code provision of any city or town; and
(c) The current offense or one of the current offenses is a "criminal street gang-related offense" as defined in RCW 9.94A.030.
(2) Criminal street gang tagging and graffiti is a gross misdemeanor offense.
[ 2008 c 276 s 306.]
Notes:
Severability—Part headings, subheadings not law—2008 c 276: See notes following RCW 36.28A.200.

catchline: Criminal street gang tagging and graffiti.


title: RCW 9A.48.110

text:
(1) A person is guilty of defacing a state monument if he or she knowingly defaces a monument or memorial on the state capitol campus or other state property.
(2) Defacing a state monument is a misdemeanor.
[ 1995 c 66 s 1.]

catchline: Defacing a state monument.


title: RCW 9A.48.120

text:
(1) A person is guilty of civil disorder training if he or she teaches or demonstrates to any other person the use, application, or making of any device or technique capable of causing significant bodily injury or death to persons, knowing, or having reason to know or intending that same will be unlawfully employed for use in, or in furtherance of, a civil disorder.
(2) Civil disorder training is a class B felony.
(3) Nothing in this section makes unlawful any act of any law enforcement officer that is performed in the lawful performance of his or her official duties.
(4) Nothing in this section makes unlawful any act of firearms training, target shooting, or other firearms activity, so long as it is not done for the purpose of furthering a civil disorder.
(5) For the purposes of this section:
(a) "Civil disorder" means any public disturbance involving acts of violence that is intended to cause an immediate danger of, or to result in, significant injury to property or the person of any other individual.
(b) "Law enforcement officer" means any law enforcement officer as defined in RCW 9A.76.020(2) including members of the Washington national guard, as defined in RCW 38.04.010.
[ 2008 c 206 s 1; 2002 c 340 s 1.]

catchline: Civil disorder training.


title: RCW 9A.49.001

text:
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 s 1.]

catchline: Findings.


title: RCW 9A.49.010

text:
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 [stimulated] 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 s 2.]


title: RCW 9A.49.020

text:
(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 firefighter 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 firefighter 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.
[ 1999 c 180 s 3.]

catchline: Unlawful discharge of a laser in the first degree.


title: RCW 9A.49.030

text:
(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 at the time, causing an impairment of the safety or operation of a motor vehicle by negatively affecting the driver; or
(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(1) (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 s 4.]

catchline: Unlawful discharge of a laser in the second degree.


title: RCW 9A.49.040

text:
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 s 5.]

catchline: Civil infraction, when.


title: RCW 9A.49.050

text:
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 s 6.]

catchline: Exclusions.


title: RCW 9A.50.005

text:
The legislature finds that seeking or obtaining health care is fundamental to public health and safety.
[ 1993 c 128 s 1.]

catchline: Finding.


title: RCW 9A.50.010

text:
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 RCW 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;
(d) The owner of the health care facility or the building or property upon which the health care facility is located.
[ 1993 c 128 s 2.]

catchline: Definitions.


title: RCW 9A.50.020

text:
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.
[ 1993 c 128 s 3.]

catchline: Interference with health care facility.


title: RCW 9A.50.030

text:
(1) 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:
(a) 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;
(b) 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
(c) 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.
(2) The fines imposed by this section apply to adult offenders only.
[ 2015 c 265 s 17; 1993 c 128 s 4.]
Notes:
Finding—Intent—2015 c 265: See note following RCW 13.50.010.

catchline: Penalty.


title: RCW 9A.50.040

text:
(1) A person or health care facility aggrieved by the actions prohibited by RCW 9A.50.020 may seek civil damages from those who committed the prohibited acts and those acting in concert with them. A plaintiff in an action brought under this chapter shall not recover more than his or her actual damages and additional sums authorized in RCW 9A.50.050. Once a plaintiff recovers his or her actual damages and any additional sums authorized under this chapter, additional damages shall not be recovered. A person does not have to be criminally convicted of violating RCW 9A.50.020 to be held civilly liable under this section. It is not necessary to prove actual damages to recover the additional sums authorized under RCW 9A.50.050, costs, and attorneys' fees. The prevailing party is entitled to recover costs and attorneys' fees.
(2) The superior courts of this state shall have authority to grant temporary, preliminary, and permanent injunctive relief to enjoin violations of this chapter.
In appropriate circumstances, any superior court having personal jurisdiction over one or more defendants may issue injunctive relief that shall have binding effect on the original defendants and persons acting in concert with the original defendants, in any county in the state.
Due to the nature of the harm involved, injunctive relief may be issued without bond in the discretion of the court, notwithstanding any other requirement imposed by statute.
The state and its political subdivisions shall cooperate in the enforcement of court injunctions that seek to protect against acts prohibited by this chapter.
[ 1993 c 128 s 6.]

catchline: Civil remedies.


title: RCW 9A.50.050

text:
In a civil action brought under this chapter, an individual plaintiff aggrieved by the actions prohibited by RCW 9A.50.020 may be entitled to recover up to five hundred dollars for each day that the actions occurred, or up to five thousand dollars for each day that the actions occurred if the plaintiff aggrieved by the actions prohibited under RCW 9A.50.020 is a health care facility.
[ 1993 c 128 s 7.]

catchline: Civil damages.


title: RCW 9A.50.060

text:
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 s 8.]

catchline: Informational picketing.


title: RCW 9A.50.070

text:
A court having jurisdiction over a criminal or civil proceeding under this chapter shall take all steps reasonably necessary to safeguard the individual privacy and prevent harassment of a health care patient or health care provider who is a party or witness in a proceeding, including granting protective orders and orders in limine.
[ 1993 c 128 s 9.]

catchline: Protection of health care patients and providers.


title: RCW 9A.50.900

text:
Nothing in this chapter shall be construed to limit the right to seek other available criminal or civil remedies. The remedies provided in this chapter are cumulative, not exclusive.
[ 1993 c 128 s 11.]

catchline: Construction.


title: RCW 9A.50.902

text:
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 [April 26, 1993].
[ 1993 c 128 s 14.]

catchline: Effective date—1993 c 128.


title: RCW 9A.52.010

text:
The following definitions apply in this chapter:
(1) "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 or her body, or any instrument or weapon held in his or her hand and used or intended to be used to threaten or intimidate a person or to detach or remove property.
(2) "Enters or remains unlawfully." A person "enters or remains unlawfully" in or upon premises when he or she 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 or her 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 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. A license or privilege to enter or remain on improved and apparently used land that is open to the public at particular times, which is neither fenced nor otherwise enclosed in a manner to exclude intruders, is not a license or privilege to enter or remain on the land at other times if notice of prohibited times of entry is posted in a conspicuous manner.
(3) "Premises" includes any building, dwelling, structure used for commercial aquaculture, or any real property.
[ 2016 c 164 s 12. Prior: 2011 c 336 s 369; 2004 c 69 s 1; 1985 c 289 s 1; prior: 1984 c 273 s 5; 1984 c 49 s 1; 1975 1st ex.s. c 260 s 9A.52.010.]
Notes:
Findings—Intent—Short title—2016 c 164: See RCW 9A.90.010 and 9A.90.020.


title: RCW 9A.52.020

text:
(1) A person is guilty of burglary in the first degree if, with intent to commit a crime against a person or property therein, he or she enters or remains unlawfully in a building and if, in entering or while in the building or in immediate flight therefrom, the actor or another participant in the crime (a) is armed with a deadly weapon, or (b) assaults any person.
(2) Burglary in the first degree is a class A felony.
[ 1996 c 15 s 1; 1995 c 129 s 9 (Initiative Measure No. 159); 1975 1st ex.s. c 260 s 9A.52.020.]
Notes:
Findings and intent—Short title—Severability—Captions not law—1995 c 129: See notes following RCW 9.94A.510.

catchline: Burglary in the first degree.


title: RCW 9A.52.025

text:
(1) A person is guilty of residential burglary if, with intent to commit a crime against a person or property therein, the person enters or remains unlawfully in a dwelling other than a vehicle.
(2) Residential burglary is a class B felony. In establishing sentencing guidelines and disposition standards, residential burglary is to be considered a more serious offense than second degree burglary.
[ 2011 1st sp.s. c 40 s 38; 1989 2nd ex.s. c 1 s 1; 1989 c 412 s 1.]
Notes:
Application—Recalculation of community custody terms—2011 1st sp.s. c 40: See note following RCW 9.94A.501.
Effective date—1989 2nd ex.s. c 1: "This act shall take effect July 1, 1990." [ 1989 2nd ex.s. c 1 s 4; 1989 c 412 s 4.]

catchline: Residential burglary.


title: RCW 9A.52.030

text:
(1) A person is guilty of burglary in the second degree if, with intent to commit a crime against a person or property therein, he or she enters or remains unlawfully in a building other than a vehicle or a dwelling.
(2) Burglary in the second degree is a class B felony.
[ 2011 c 336 s 370; 1989 2nd ex.s. c 1 s 2; 1989 c 412 s 2; 1975-'76 2nd ex.s. c 38 s 7; 1975 1st ex.s. c 260 s 9A.52.030.]
Notes:
Effective date—1989 2nd ex.s. c 1: See note following RCW 9A.52.025.
Effective date—Severability—1975-'76 2nd ex.s. c 38: See notes following RCW 9A.08.020.

catchline: Burglary in the second degree.


title: RCW 9A.52.040

text:
In any prosecution for burglary, any person who enters or remains unlawfully in a building may be inferred to have acted with intent to commit a crime against a person or property therein, unless such entering or remaining shall be explained by evidence satisfactory to the trier of fact to have been made without such criminal intent.
[ 1975 1st ex.s. c 260 s 9A.52.040.]

catchline: Inference of intent.


title: RCW 9A.52.050

text:
Every person who, in the commission of a burglary shall commit any other crime, may be punished therefor as well as for the burglary, and may be prosecuted for each crime separately.
[ 1975 1st ex.s. c 260 s 9A.52.050.]

catchline: Other crime in committing burglary punishable.


title: RCW 9A.52.060

text:
(1) Every person who shall make or mend or cause to be made or mended, or have in his or her 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.
[ 2011 c 336 s 371; 1975 1st ex.s. c 260 s 9A.52.060.]

catchline: Making or having burglar tools.


title: RCW 9A.52.070

text:
(1) A person is guilty of criminal trespass in the first degree if he or she knowingly enters or remains unlawfully in a building.
(2) Criminal trespass in the first degree is a gross misdemeanor.
[ 2011 c 336 s 372; 1979 ex.s. c 244 s 12; 1975 1st ex.s. c 260 s 9A.52.070.]
Notes:
Effective date—1979 ex.s. c 244: See RCW 9A.44.902.

catchline: Criminal trespass in the first degree.


title: RCW 9A.52.080

text:
(1) A person is guilty of criminal trespass in the second degree if he or she knowingly enters or 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.
[ 2011 c 336 s 373; 1979 ex.s. c 244 s 13; 1975 1st ex.s. c 260 s 9A.52.080.]
Notes:
Effective date—1979 ex.s. c 244: See RCW 9A.44.902.

catchline: Criminal trespass in the second degree.


title: RCW 9A.52.090

text:
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 RCW 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 or her 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.
[ 2011 c 336 s 374; 1986 c 219 s 2; 1975 1st ex.s. c 260 s 9A.52.090.]

catchline: Criminal trespass—Defenses.


title: RCW 9A.52.092

text:
(1) A person is guilty of school bus trespass if he or she knowingly and maliciously:
(a) Enters or remains unlawfully in a school bus;
(b) Does any other act that creates a substantial risk of harm to passengers or the driver; and
(c) Causes a substantial interruption or impairment to services rendered by the school bus.
(2) As used in this section, "school bus" means any vehicle owned, leased, or operated by a public school district, a religious or private school, a private entity contracted with a school district, or educational institution for the purpose of transporting students to and from school or school-related activities.
(3) School bus trespass is a gross misdemeanor.
(4) Subsection (1) of this section shall not apply to any of the following:
(a) Students enrolled in the school which is being serviced by the school bus;
(b) Law enforcement officers or other authorized personnel engaged in the performance of their official duties;
(c) Individuals with written consent from the school district or educational institution allowing them to enter or remain on the school bus; and
(d) Emergency situations where entering the bus is necessary to protect the safety or well-being of students or others.
(5) Local law enforcement agencies shall have the authority to enforce the provisions of chapter 302, Laws of 2024. School districts and educational institutions shall collaborate with local law enforcement to establish protocols and procedures to ensure effective enforcement of chapter 302, Laws of 2024.
(6) School districts and educational institutions shall implement educational programs and awareness campaigns to educate students, parents, and the community about the importance of maintaining safety and security on school buses. These educational programs shall emphasize the potential consequences of school bus trespassing in accordance with chapter 302, Laws of 2024.
(7) Subject to the availability of funds appropriated for this specific purpose, school districts and educational institutions shall affix placards warning of the consequences of violating subsection (1) of this section on the outside of all public school buses in a manner easily visible for all to see.
[ 2024 c 302 s 2.]
Notes:
Short title—2024 c 302: "This act may be known and cited as the Richard Lenhart act." [ 2024 c 302 s 1.]

catchline: School bus trespass.


title: RCW 9A.52.095

text:
(1) A person is guilty of vehicle prowling in the first degree if, with intent to commit a crime against a person or property therein, he or she enters or remains unlawfully in a motor home, as defined in RCW 46.04.305, or in 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 first degree is a class C felony.
[ 2011 c 336 s 375; 1982 1st ex.s. c 47 s 13.]
Notes:
Severability—1982 1st ex.s. c 47: See note following RCW 9.41.190.

catchline: Vehicle prowling in the first degree.


title: RCW 9A.52.100

text:
(1) A person is guilty of vehicle prowling in the second degree if, with intent to commit a crime against a person or property therein, he or she enters or remains unlawfully in a vehicle other than a motor home, as defined in RCW 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) Except as provided in subsection (3) of this section, vehicle prowling in the second degree is a gross misdemeanor.
(3) Vehicle prowling in the second degree is a class C felony upon a third or subsequent conviction of vehicle prowling in the second degree. A third or subsequent conviction means that a person has been previously convicted at least two separate occasions of the crime of vehicle prowling in the second degree.
(4) Multiple counts of vehicle prowling (a) charged in the same charging document do not count as separate offenses for the purposes of charging as a felony based on previous convictions for vehicle prowling in the second degree and (b) based on the same date of occurrence do not count as separate offenses for the purposes of charging as a felony based on previous convictions for vehicle prowling in the second degree.
[ 2013 c 267 s 1; 2011 c 336 s 376; 1982 1st ex.s. c 47 s 14; 1975 1st ex.s. c 260 s 9A.52.100.]
Notes:
Severability—1982 1st ex.s. c 47: See note following RCW 9.41.190.

catchline: Vehicle prowling in the second degree.


title: RCW 9A.52.105

text:
(1) Subject to subsections (2) and (3) of this section and upon the receipt of a declaration signed under penalty of perjury, in the form prescribed in RCW 9A.52.115, declaring the truth of all of the required elements set forth in subsection (4) of this section, a peace officer shall have the authority to:
(a) Remove the person or persons from the premises, with or without arresting the person or persons; and
(b) Order the person or persons to remain off the premises or be subject to arrest for criminal trespass.
(2) Only a peace officer having probable cause to believe that a person is guilty of criminal trespass under RCW 9A.52.070 for knowingly entering or remaining unlawfully in a building considered residential real property, as defined in RCW 61.24.005, has the authority and discretion to make an arrest or exclude anyone under penalty of criminal trespass.
(3) While a peace officer can take into account a declaration from the property owner signed under penalty of perjury containing all of the required elements and in the form prescribed in RCW 9A.52.115, the peace officer must provide the occupant or occupants with a reasonable opportunity to secure and present any credible evidence provided by the person or persons on the premises, which the peace officer must consider, showing that the person or persons are tenants, legal occupants, or the guests or invitees of tenants or legal occupants.
(4) The declaration must include the following elements:
(a) That the declarant is the owner of the premises or the authorized agent of the owner of the premises;
(b) That an unauthorized person or persons have entered and are remaining unlawfully on the premises;
(c) That the person or persons were not authorized to enter or remain;
(d) That the person or persons are not a tenant or tenants and have not been a tenant or tenants, or a homeowner or homeowners who have been on title, within the last twelve months on the property;
(e) That the declarant has demanded that the unauthorized person or persons vacate the premises but they have not done so;
(f) That the premises were not abandoned at the time the unauthorized person or persons entered;
(g) That the premises were not open to members of the public at the time the unauthorized person or persons entered;
(h) That the declarant understands that a person or persons removed from the premises pursuant to this section may bring a cause of action under RCW 4.24.355 against the declarant for any false statements made in the declaration, and that as a result of such action the declarant may be held liable for actual damages, costs, and reasonable attorneys' fees;
(i) That the declarant understands and acknowledges the prohibitions in RCW 59.18.230 and 59.18.290 against taking or detaining an occupant's personal property or removing or excluding an occupant from a dwelling unit or rental premises without an authorizing court order; and
(j) That the declarant agrees to indemnify and hold harmless law enforcement for its actions or omissions made in good faith pursuant to the declaration.
(5) Neither the peace officer nor his or her law enforcement agency shall be held liable for actions or omissions made in good faith under this section.
(6) This section may not be construed to in any way limit rights under RCW 61.24.060 or to allow a peace officer to remove or exclude an occupant who is entitled to occupy a dwelling unit under a rental agreement or the occupant's guests or invitees.
[ 2017 c 284 s 1.]

catchline: Removal of unauthorized persons—Declaration—Liability—Rights.


title: RCW 9A.52.115

text:
The owner of premises, or his or her authorized agent, may initiate the investigation and request the removal of an unauthorized person or persons from the premises by providing to law enforcement a declaration containing all of the following required elements and in substantially the following form:
REQUEST TO REMOVE TRESPASSER(S) FORM
The undersigned owner, or authorized agent of the owner, of the premises located at .......... hereby represents and declares under the penalty of perjury that (initial each box):
(1) [ ] The declarant is the owner of the premises or the authorized agent of the owner of the premises;
(2) [ ] An unauthorized person or persons have entered and are remaining unlawfully on the premises;
(3) [ ] The person or persons were not authorized to enter or remain;
(4) [ ] The person or persons are not a tenant or tenants and have not been a tenant or tenants, or a homeowner or homeowners who have been on title, within the last twelve months on the property;
(5) [ ] The declarant has demanded that the unauthorized person or persons vacate the premises but they have not done so;
(6) [ ] The premises were not abandoned at the time the unauthorized person or persons entered;
(7) [ ] The premises were not open to members of the public at the time the unauthorized person or persons entered;
(8) [ ] The declarant understands that a person or persons removed from the premises pursuant to RCW 9A.52.105 may bring a cause of action under RCW 4.24.355 against the declarant for any false statements made in this declaration, and that as a result of such action the declarant may be held liable for actual damages, costs, and reasonable attorneys' fees;
(9) [ ] The declarant understands and acknowledges the prohibitions in RCW 59.18.230 and 59.18.290 against taking or detaining an occupant's personal property or removing or excluding an occupant from a dwelling unit or rental premises without an authorizing court order;
(10) [ ] The declarant agrees to indemnify and hold harmless law enforcement for its actions or omissions made in good faith pursuant to this declaration; and
(11) [ ] Additional Optional Explanatory Comments:
...................................................................
...................................................................
A declarant of premises who falsely swears on a declaration provided under this section may be guilty of false swearing under RCW 9A.72.040 or of making a false or misleading statement to a public servant under RCW 9A.76.175, both of which are gross misdemeanors.
[ 2017 c 284 s 2.]

catchline: Removal of unauthorized persons—Declaration form—Penalty for false swearing.


title: RCW 9A.56.010

text:
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 identifying ownership;
(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) "Mail," in addition to its common meaning, means any letter, postal card, package, bag, or other item that is addressed to a specific address for delivery by the United States postal service or any commercial carrier performing the function of delivering similar items to residences or businesses, provided the mail:
(a)(i) Is addressed with a specific person's name, family name, or company, business, or corporation name on the outside of the item of mail or on the contents inside; and
(ii) Is not addressed to a generic unnamed occupant or resident of the address without an identifiable person, family, or company, business, or corporation name on the outside of the item of mail or on the contents inside; and
(b) Has been left for collection or delivery in any letter box, mailbox, mail receptacle, or other authorized depository for mail, or given to a mail carrier, or left with any private business that provides mailboxes or mail addresses for customers or when left in a similar location for collection or delivery by any commercial carrier; or
(c) Is in transit with a postal service, mail carrier, letter carrier, commercial carrier, or that is at or in a postal vehicle, postal station, mailbox, postal airplane, transit station, or similar location of a commercial carrier; or
(d) Has been delivered to the intended address, but has not been received by the intended addressee.
Mail, for purposes of chapter 164, Laws of 2011, does not include magazines, catalogs, direct mail inserts, newsletters, advertising circulars, or any mail that is considered third-class mail by the United States postal service;
(8) "Mailbox," in addition to its common meaning, means any authorized depository or receptacle of mail for the United States postal service or authorized depository for a commercial carrier that provides services to the general public, including any address to which mail is or can be addressed, or a place where the United States postal service or equivalent commercial carrier delivers mail to its addressee;
(9) "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;
(10) "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;
(11) "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;
(12) "Parking area" means a parking lot or other property provided by retailers for use by a customer for parking an automobile or other vehicle;
(13) "Receive" includes, but is not limited to, acquiring title, possession, control, or a security interest, or any other interest in the property;
(14) "Received by the intended addressee" means that the addressee, owner of the delivery mailbox, or authorized agent has removed the delivered mail from its delivery mailbox;
(15) "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;
(16) "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;
(17) "Stolen" means obtained by theft, robbery, or extortion;
(18) "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;
(19) "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;
(20) "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;
(21) 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) Except as provided in RCW 9A.56.340(4) and 9A.56.350(4), 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 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. Thefts committed by the same person in different counties that have been aggregated in one county may be prosecuted in any county in which one of the thefts occurred.
(e) 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;
(22) "Vulnerable adult" includes a person eighteen years of age or older who:
(a) Is functionally, mentally, or physically unable to care for himself or herself; or
(b) Is suffering from a cognitive impairment other than voluntary intoxication;
(23) "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 agreement 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.
[ 2017 c 266 s 7; 2011 c 164 s 2; 2006 c 277 s 4; 2002 c 97 s 1; 1999 c 143 s 36; 1998 c 236 s 1; 1997 c 346 s 2; 1995 c 92 s 1; 1987 c 140 s 1; 1986 c 257 s 2; 1985 c 382 s 1; 1984 c 273 s 6; 1975-'76 2nd ex.s. c 38 s 8; 1975 1st ex.s. c 260 s 9A.56.010.]
Notes:
Finding—Intent—2017 c 266: See note following RCW 9A.42.020.
Intent—2011 c 164: "It is important to the citizens of this state to have confidence in the security of the mail. Mail contains personal information, medical records, and financial documents. Theft of mail has become a serious problem in our state because mail is a key source of information for identity thieves. Currently, there is no law that adequately addresses the seriousness of this crime. This act is intended to accurately recognize the seriousness of taking personal, medical, or financial identifying information and compromising the integrity of our mail system." [ 2011 c 164 s 1.]
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 s 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 s 3.]
Effective date—Severability—1975-'76 2nd ex.s. c 38: See notes following RCW 9A.08.020.

catchline: Definitions.


title: RCW 9A.56.020

text:
(1) "Theft" means:
(a) To wrongfully obtain or exert unauthorized control over the property or services of another or the value thereof, with intent to deprive him or her of such property or services; or
(b) By color or aid of deception to obtain control over the property or services of another or the value thereof, with intent to deprive him or her of such property or services; or
(c) To appropriate lost or misdelivered property or services of another, or the value thereof, with intent to deprive him or her of such property or services.
(2) In any prosecution for theft, it shall be a sufficient defense that:
(a) The property or service was appropriated openly and avowedly under a claim of title made in good faith, even though the claim be untenable; or
(b) The property was merchandise pallets that were received by a pallet recycler or repairer in the ordinary course of its business.
[ 2004 c 122 s 1; 1975-'76 2nd ex.s. c 38 s 9; 1975 1st ex.s. c 260 s 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.

catchline: Theft—Definition, defense.


title: RCW 9A.56.030

text:
(1) Except as provided in RCW 9A.56.400, a person is guilty of theft in the first degree if he or she commits theft of:
(a) Property or services which exceed(s) five thousand dollars in value other than a firearm as defined in RCW 9.41.010;
(b) Property of any value, other than a firearm as defined in RCW 9.41.010 or a motor vehicle, taken from the person of another;
(c) A search and rescue dog, as defined in RCW 9.91.175, while the search and rescue dog is on duty;
(d) Commercial metal property, nonferrous metal property, or private metal property, and the costs of the damage to the owner's property exceed five thousand dollars in value; or
(e) Property or equipment used by firefighters or emergency medical service providers that is critical to their work in an emergency setting and taken from a fire station, fire department vehicle, or emergency medical services building, facility, structure, or vehicle; and
(i) The loss of the property or equipment significantly hindered or delayed the firefighter's or emergency medical service provider's ability to respond to an ongoing emergency; or
(ii) The property or equipment exceeds $1,000 in value.
(2) Theft in the first degree is a class B felony.
[ 2025 c 286 s 2; 2017 c 266 s 10; 2013 c 322 s 2; 2012 c 233 s 2; 2009 c 431 s 7; 2007 c 199 s 3; 2005 c 212 s 2; 1995 c 129 s 11 (Initiative Measure No. 159); 1975 1st ex.s. c 260 s 9A.56.030.]
Notes:
Finding—Intent—2017 c 266: See note following RCW 9A.42.020.
Applicability—2009 c 431: See note following RCW 4.24.230.
Findings—Intent—Short title—2007 c 199: See notes following RCW 9A.56.065.
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.
Property crime database, liability: RCW 4.24.340.

catchline: Theft in the first degree.


title: RCW 9A.56.040

text:
(1) Except as provided in RCW 9A.56.400, a person is guilty of theft in the second degree if he or she commits theft of:
(a) Property or services which exceed(s) seven hundred fifty dollars in value but does not exceed five thousand dollars in value, other than a firearm as defined in RCW 9.41.010 or a motor vehicle;
(b) A public record, writing, or instrument kept, filed, or deposited according to law with or in the keeping of any public office or public servant;
(c) Commercial metal property, nonferrous metal property, or private metal property, as those terms are defined in *RCW 19.290.010, and the costs of the damage to the owner's property exceed seven hundred fifty dollars but does not exceed five thousand dollars in value; or
(d) An access device.
(2) Theft in the second degree is a class C felony.
[ 2017 c 266 s 11; 2013 c 322 s 3; 2012 c 233 s 3; 2009 c 431 s 8; 2007 c 199 s 4; 1995 c 129 s 12 (Initiative Measure No. 159); 1994 sp.s. c 7 s 433; 1987 c 140 s 2; 1982 1st ex.s. c 47 s 15; 1975 1st ex.s. c 260 s 9A.56.040.]
Notes:
*Reviser's note: RCW 19.290.010 was amended by 2024 c 301 s 3, deleting the definition of "private metal property," effective April 1, 2025.
Finding—Intent—2017 c 266: See note following RCW 9A.42.020.
Applicability—2009 c 431: See note following RCW 4.24.230.
Findings—Intent—Short title—2007 c 199: See notes following RCW 9A.56.065.
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 ss 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.
Property crime database, liability: RCW 4.24.340.

catchline: Theft in the second degree.


title: RCW 9A.56.050

text:
(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 seven hundred fifty dollars in value, or (b) includes ten or more merchandise 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.
[ 2009 c 431 s 9; 1998 c 236 s 4; 1975 1st ex.s. c 260 s 9A.56.050.]
Notes:
Applicability—2009 c 431: See note following RCW 4.24.230.
Civil action for shoplifting by adults, minors: RCW 4.24.230.
Property crime database, liability: RCW 4.24.340.

catchline: Theft in the third degree.


title: RCW 9A.56.060

text:
(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, knowing at the time of such drawing, or delivery, that he or she has not sufficient funds in, or credit with the bank or other depository, to meet the check or draft, in full upon its presentation, is 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 the check, and who fails to make payment of money in the amount of the check or draft or otherwise arrange a settlement agreed upon by the holder of the check within twenty days of issuing the check or draft is 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 seven 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 seven hundred fifty dollars is a class C felony.
(5) Unlawful issuance of a bank check in an amount of seven 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 fine of up to one thousand one hundred twenty-five dollars for adult offenders. Of the fine imposed, at least three hundred seventy-five dollars or an amount equal to one hundred fifty percent of the amount of the bank check, whichever is greater, shall not be suspended or deferred. Upon conviction for a second offense within any twelve-month period, the court may not suspend or defer any portion of the fine.
[ 2015 c 265 s 18; 2009 c 431 s 10; 1982 c 138 s 1; 1979 ex.s. c 244 s 14; 1975 1st ex.s. c 260 s 9A.56.060.]
Notes:
Finding—Intent—2015 c 265: See note following RCW 13.50.010.
Applicability—2009 c 431: See note following RCW 4.24.230.
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.56.060(1): RCW 43.08.135.
Property crime database, liability: RCW 4.24.340.

catchline: Unlawful issuance of checks or drafts.


title: RCW 9A.56.063

text:
(1) Any person who makes or mends, or causes to be made or mended, uses, or has in his or her possession any motor vehicle theft tool, that is adapted, designed, or commonly used for the commission of motor vehicle related theft, under circumstances evincing an intent to use or employ, or allow the same to be used or employed, in the commission of motor vehicle theft, or knowing that the same is intended to be so used, is guilty of making or having motor vehicle theft tools.
(2) For the purpose of this section, motor vehicle theft tool includes, but is not limited to, the following: Slim jim, false master key, master purpose key, altered or shaved key, trial or jiggler key, slide hammer, lock puller, picklock, bit, nipper, any other implement shown by facts and circumstances that is intended to be used in the commission of a motor vehicle related theft, or knowing that the same is intended to be so used.
(3) For the purposes of this section, the following definitions apply:
(a) "False master" or "master key" is any key or other device made or altered to fit locks or ignitions of multiple vehicles, or vehicles other than that for which the key was originally manufactured.
(b) "Altered or shaved key" is any key so altered, by cutting, filing, or other means, to fit multiple vehicles or vehicles other than the vehicles for which the key was originally manufactured.
(c) "Trial keys" or "jiggler keys" are keys or sets designed or altered to manipulate a vehicle locking mechanism other than the lock for which the key was originally manufactured.
(4) Making or having motor vehicle theft tools is a gross misdemeanor.
[ 2007 c 199 s 18.]
Notes:
Findings—Intent—Short title—2007 c 199: See notes following RCW 9A.56.065.

catchline: Making or possessing motor vehicle theft tools.


title: RCW 9A.56.065

text:
(1) A person is guilty of theft of a motor vehicle if he or she commits theft of a motor vehicle.
(2) Theft of a motor vehicle is a class B felony.
[ 2007 c 199 s 2.]
Notes:
Findings—Intent—2007 c 199: "(1) The legislature finds that:
(a) Automobiles are an essential part of our everyday lives. The west coast is the only region of the United States with an increase of over three percent in motor vehicle thefts over the last several years. The family car is a priority of most individuals and families. The family car is typically the second largest investment a person has next to the home, so when a car is stolen, it causes a significant loss and inconvenience to people, imposes financial hardship, and negatively impacts their work, school, and personal activities. Appropriate and meaningful penalties that are proportionate to the crime committed must be imposed on those who steal motor vehicles;
(b) In Washington, more than one car is stolen every eleven minutes, one hundred thirty-eight cars are stolen every day, someone's car has a one in one hundred seventy-nine chance of being stolen, and more vehicles were stolen in 2005 than in any other previous year. Since 1994, auto theft has increased over fifty-five percent, while other property crimes like burglary are on the decline or holding steady. The national crime insurance bureau reports that Seattle and Tacoma ranked in the top ten places for the most auto thefts, ninth and tenth respectively, in 2004. In 2005, over fifty thousand auto thefts were reported costing Washington citizens more than three hundred twenty-five million dollars in higher insurance rates and lost vehicles. Nearly eighty percent of these crimes occurred in the central Puget Sound region consisting of the heavily populated areas of King, Pierce, and Snohomish counties;
(c) Law enforcement has determined that auto theft, along with all the grief it causes the immediate victims, is linked more and more to offenders engaged in other crimes. Many stolen vehicles are used by criminals involved in such crimes as robbery, burglary, and assault. In addition, many people who are stopped in stolen vehicles are found to possess the personal identification of other persons, or to possess methamphetamine, precursors to methamphetamine, or equipment used to cook methamphetamine;
(d) Juveniles account for over half of the reported auto thefts with many of these thefts being their first criminal offense. It is critical that they, along with first time adult offenders, are appropriately punished for their crimes. However, it is also important that first-time offenders who qualify receive appropriate counseling treatment for associated problems that may have contributed to the commission of the crime, such as drugs, alcohol, and anger management; and
(e) A coordinated and concentrated enforcement mechanism is critical to an effective statewide offensive against motor vehicle theft. Such a system provides for better communications between and among law enforcement agencies, more efficient implementation of efforts to discover, track, and arrest auto thieves, quicker recovery, and the return of stolen vehicles, saving millions of dollars in potential loss to victims and their insurers.
(2) It is the intent of this act to deter motor vehicle theft through a statewide cooperative effort by combating motor vehicle theft through tough laws, supporting law enforcement activities, improving enforcement and administration, effective prosecution, public awareness, and meaningful treatment for first-time offenders where appropriate. It is also the intent of the legislature to ensure that adequate funding is provided to implement this act in order for real, observable reductions in the number of auto thefts in Washington state." [ 2007 c 199 s 1.]
Short title—2007 c 199: "This act shall be known as the Elizabeth Nowak-Washington auto theft prevention act." [ 2007 c 199 s 29.]

catchline: Theft of motor vehicle.


title: RCW 9A.56.068

text:
(1) A person is guilty of possession of a stolen vehicle if he or she possess [possesses] a stolen motor vehicle.
(2) Possession of a stolen motor vehicle is a class B felony.
[ 2007 c 199 s 5.]
Notes:
Findings—Intent—Short title—2007 c 199: See notes following RCW 9A.56.065.

catchline: Possession of stolen vehicle.


title: RCW 9A.56.070

text:
(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
(e) 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 or is engaged in a conspiracy and has solicited a juvenile to participate in the theft of a motor vehicle.
(2) Taking a motor vehicle without permission in the first degree is a class B felony.
[ 2007 c 199 s 16; 2003 c 53 s 72; 2002 c 324 s 1; 1975 1st ex.s. c 260 s 9A.56.070.]
Notes:
Findings—Intent—Short title—2007 c 199: See notes following RCW 9A.56.065.
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
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 s 4.]

catchline: Taking motor vehicle without permission in the first degree.


title: RCW 9A.56.075

text:
(1) 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.
(2) Taking a motor vehicle without permission in the second degree is a class C felony.
[ 2003 c 53 s 73.]
Notes:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.

catchline: Taking motor vehicle without permission in the second degree.


title: RCW 9A.56.078

text:
(1) A person who is deprived of his or her motor vehicle because of a violation of RCW 9A.56.030, 9A.56.040, 9A.56.070, or 9A.56.075 may file an action in superior court against the perpetrator for the recovery of actual damages, limited to the value of any damage to the vehicle and any property stolen from the vehicle, civil damages of up to five thousand dollars, and the costs of the suit, including reasonable attorneys' fees.
(2)(a) Except as provided in (b) of this subsection, service of any summons or other process under this section shall be by personal service.
(b)(i) If the defendant cannot be found after a due and diligent search, the defendant's violation of RCW 9A.56.030, 9A.56.040, 9A.56.070, or 9A.56.075 shall be deemed to constitute an appointment by the defendant of the secretary of state of the state of Washington to be his or her true and lawful attorney upon whom may be served all lawful summons and processes against him or her under this section. The plaintiff shall perform the service allowed under this subsection (2)(b)(i) by leaving two copies of the summons or other process with the secretary of state or at the secretary of state's office. Service in this manner constitutes sufficient and valid personal service upon the defendant.
(ii) After performing service under (b)(i) of this subsection, the plaintiff shall promptly send notice of service under (b)(i) of this subsection and a copy of the summons or process to the defendant by registered mail, with return receipt requested, to the defendant's last known address. After complying with this subsection (2)(b)(ii), the plaintiff shall file the following with the secretary of state to be attached to the summons or process filed under (b)(i) of this subsection:
(A) An affidavit from the plaintiff attesting to compliance with (b)(ii) of this subsection; and
(B) An affidavit from the plaintiff's attorney that he or she has, with due diligence, attempted to serve personal process upon the defendant at all addresses known to him or her and listing the addresses at which he or she attempted to personally serve the defendant. However, if the defendant's endorsed return receipt is received, then the affidavit need only show that the defendant received personal service by mail.
(iii) The secretary of state shall send, by prepaid mail, a copy of the summons or process received under (b)(i) of this subsection to the defendant's address, if known. The secretary of state shall keep a record that shows the day of service of all summons and processes made under (b)(i) of this subsection.
(iv) The court in which an action is brought under this section may order continuances as may be necessary to afford the defendant a reasonable opportunity to defend the action.
(v) The secretary of state may charge a fee for his or her services under (b) of this subsection. The fee shall be part of the costs of suit that may be awarded to the plaintiff.
(3) The department of licensing shall suspend the driver's license or driving privilege of a defendant until any monetary obligation imposed under subsection (1) of this section is paid in full, unless the defendant has entered into a payment plan under subsection (4) of this section.
(4) If the court determines that a person is not able to pay a monetary obligation made under subsection (1) of this section in full, the court may enter into a payment plan with the person. If the person fails to meet the obligations of the payment plan, the court may modify or revoke the plan and order the defendant to pay the obligation in full. If the court revokes the plan, it shall notify the department of licensing and the department of licensing shall suspend the driver's license or driving privilege of the defendant until the monetary obligation is paid in full.
(5) The court shall notify the department of licensing when the monetary obligation of a defendant whose license is suspended under this section is paid in full.
[ 2007 c 393 s 1.]

catchline: Motor vehicle crimes—Civil action.


title: RCW 9A.56.080

text:
(1) Every person who, with intent to sell or exchange and to deprive or defraud the lawful owner thereof, willfully takes, leads, or transports away, conceals, withholds, slaughters, or otherwise appropriates any horse, mule, cow, heifer, bull, steer, swine, goat, or sheep is guilty of theft of livestock in the first degree.
(2) Theft of livestock in the first degree is a class B felony.
[ 2005 c 419 s 1; 2003 c 53 s 74; 1986 c 257 s 32; 1977 ex.s. c 174 s 2; 1975 1st ex.s. c 260 s 9A.56.080.]
Notes:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
Severability—1986 c 257: See note following RCW 9A.56.010.
Effective date—1986 c 257 ss 17-35: See note following RCW 9.94A.030.
Action by owner of damaged or stolen livestock: RCW 4.24.320.

catchline: Theft of livestock in the first degree.


title: RCW 9A.56.083

text:
(1) A person who commits what would otherwise be theft of livestock in the first degree but without intent to sell or exchange, and for the person's own use only, is guilty of theft of livestock in the second degree.
(2) Theft of livestock in the second degree is a class C felony.
[ 2003 c 53 s 75.]
Notes:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.

catchline: Theft of livestock in the second degree.


title: RCW 9A.56.085

text:
(1) Whenever an adult offender is convicted of a violation of RCW 9A.56.080 or 9A.56.083, the convicting court shall order the person to pay the amount of two thousand dollars for each animal killed or possessed.
(2) For the purpose of this section, the term "convicted" includes a plea of guilty, a finding of guilt regardless of whether the imposition of the sentence is deferred or any part of the penalty is suspended, or the levying of a fine.
(3) If two or more persons are convicted of any violation of this section, the amount required under this section shall be imposed upon them jointly and severally.
(4) The fine in this section shall be imposed in addition to and regardless of any penalty, including fines or costs, that is provided for any violation of this section. The amount imposed by this section shall be included by the court in any pronouncement of sentence and may not be suspended, waived, modified, or deferred in any respect. Nothing in this section may be construed to abridge or alter alternative rights of action or remedies in equity or under common law or statutory law, criminal or civil.
(5) A defaulted payment or any installment payment may be collected by any means authorized by law for the enforcement of orders of the court or collection of a fine or costs, including vacation of a deferral of sentencing or of a suspension of sentence.
(6) The two thousand dollars additional penalty shall be remitted by the county treasurer to the state treasurer as provided under RCW 10.82.070.
[ 2015 c 265 s 19; 2003 c 53 s 76; 1989 c 131 s 1.]
Notes:
Finding—Intent—2015 c 265: See note following RCW 13.50.010.
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.

catchline: Minimum fine for theft of livestock.