West's RCWA T. 9, Refs & Annos
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments
Current with 2013 Legislation effective through June 7, 2013
West's RCWA T. 9, Ch. 9.01, Refs & Annos
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments
Chapter 9.01. General Provisions
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.01.010
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.01. General Provisions (Refs & Annos)
9.01.010. Repealed by Laws 1975, 1st Ex.Sess., ch. 260, § 9A.92.010, eff. July 1, 1976
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.01.020
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.01. General Provisions (Refs & Annos)
9.01.020. Repealed by Laws 1975, 1st Ex.Sess., ch. 260, § 9A.92.010, eff. July 1, 1976
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.01.030
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.01. General Provisions (Refs & Annos)
9.01.030. Repealed by Laws 1975, 1st Ex.Sess., ch. 260, § 9A.92.010, eff. July 1, 1976
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.01.040
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.01. General Provisions (Refs & Annos)
9.01.040. Repealed by Laws 1975, 1st Ex.Sess., ch. 260, § 9A.92.010; Laws 1975-'76, 2nd Ex.Sess., ch. 38, § 19, eff. July 1, 1976
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.01.050
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.01. General Provisions (Refs & Annos)
9.01.050. Repealed by Laws 1975, 1st Ex.Sess., ch. 260, § 9A.92.010, eff. July 1, 1976
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.01.055
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.01. General Provisions (Refs & Annos)
9.01.055. Citizen immunity if aiding officer, scope--When
Private citizens aiding a police officer, or other officers of the law in the performance of their duties as police officers or officers of the law, shall have the same civil and criminal immunity as such officer, as a result of any act or commission for aiding or attempting to aid a police officer or other officer of the law, when such officer is in imminent danger of loss of life or grave bodily injury or when such officer requests such assistance and when such action was taken under emergency conditions and in good faith.
CREDIT(S)
[1969 c 37 § 1.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.01.060
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.01. General Provisions (Refs & Annos)
9.01.060. Repealed by 1975, 1st Ex.Sess., ch. 260, § 9A.92.010, eff. July 1, 1976
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.01.070
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.01. General Provisions (Refs & Annos)
9.01.070. Repealed by Laws 1975, 1st Ex.Sess., ch. 260, § 9A.92.010, eff. July 1, 1976
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.01.080
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.01. General Provisions (Refs & Annos)
9.01.080. Repealed by Laws 1975, 1st Ex.Sess., ch. 260, § 9A.92.010, eff. July 1, 1976
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.01.090
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.01. General Provisions (Refs & Annos)
9.01.090. Repealed by Laws 1975, 1st Ex.Sess., ch. 260, § 9A.92.010, eff. July 1, 1976
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.01.100
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.01. General Provisions (Refs & Annos)
9.01.100. Repealed by Laws 1975, 1st Ex.Sess., ch. 260, § 9A.92.010, eff. July 1, 1976
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.01.110
Effective: July 22, 2011
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.01. General Provisions (Refs & Annos)
9.01.110. Omission, when not punishable
No person shall be punished for an omission to perform an act when such act has been performed by another acting in his or her behalf, and competent to perform it.
CREDIT(S)
[2011 c 336 § 285, eff. July 22, 2011; 1909 c 249 § 23; RRS § 2275.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.01.111
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.01. General Provisions (Refs & Annos)
9.01.111. Repealed by Laws 1975, 1st Ex.Sess., ch. 260, § 9A.92.010, eff. July 1, 1976
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.01.112
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.01. General Provisions (Refs & Annos)
9.01.112. Repealed by Laws 1975, 1st Ex.Sess., ch. 260, § 9A.92.010, eff. July 1, 1976
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.01.113
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.01. General Provisions (Refs & Annos)
9.01.113. Repealed by Laws 1975, 1st Ex.Sess., ch. 260, § 9A.92.010, eff. July 1, 1976
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.01.114
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.01. General Provisions (Refs & Annos)
9.01.114. Repealed by Laws 1975, 1st Ex.Sess., ch. 260, § 9A.92.010, eff. July 1, 1976
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.01.116
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.01. General Provisions (Refs & Annos)
9.01.116. Repealed by Laws 1975, 1st Ex.Sess., ch. 260, § 9A.92.010, eff. July 1, 1976
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.01.120
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.01. General Provisions (Refs & Annos)
9.01.120. Civil remedies preserved
The omission to specify or affirm in this act any liability to any damages, penalty, forfeiture or other remedy, imposed by law, and allowed to be recovered or enforced in any civil action or proceeding, for any act or omission declared punishable herein, shall not affect any right to recover or enforce the same.
CREDIT(S)
[1909 c 249 § 44; RRS § 2296.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.01.130
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.01. General Provisions (Refs & Annos)
9.01.130. Sending letter, when complete
Whenever any statute makes the sending of a letter criminal, the offense shall be deemed complete from the time it is deposited in any post office or other place, or delivered to any person, with intent that it shall be forwarded; and the sender may be proceeded against in the county wherein it was so deposited or delivered, or in which it was received by the person to whom it was addressed.
CREDIT(S)
[1909 c 249 § 22; RRS § 2274.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.01.140
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.01. General Provisions (Refs & Annos)
9.01.140. Recodified as § 10.82.070
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.01.150
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.01. General Provisions (Refs & Annos)
9.01.150. Repealed by Laws 1975, 1st Ex.Sess., ch. 260, § 9A.92.010, eff. July 1, 1976
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.01.160
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.01. General Provisions (Refs & Annos)
9.01.160. Application to existing civil rights
Nothing in this act shall be deemed to affect any civil right or remedy existing at the time when it shall take effect, by virtue of the common law or of the provision of any statute.
CREDIT(S)
[1909 c 249 § 43; RRS § 2295.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.01.170
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.01. General Provisions (Refs & Annos)
9.01.170 to 9.01.190. Repealed by Laws 1975, 1st Ex.Sess., ch. 260, § 9A.92.010, eff. July 1, 1976
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.01.190
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.01. General Provisions (Refs & Annos)
9.01.170 to 9.01.190. Repealed by Laws 1975, 1st Ex.Sess., ch. 260, § 9A.92.010, eff. July 1, 1976
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.01.200
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.01. General Provisions (Refs & Annos)
9.01.200. Recodified as § 9A.16.110 by Laws 1989, ch. 94, § 2
Current with 2013 Legislation effective through June 7, 2013
West's RCWA T. 9, Ch. 9.02, Refs & Annos
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments
Chapter 9.02. Abortion
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.02.005
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.02. Abortion (Refs & Annos)
9.02.005. Transfer of duties to the department of health
The powers and duties of the state board of health under this chapter shall be performed by the department of health.
CREDIT(S)
[1989 1st ex.s. c 9 § 202; 1985 c 213 § 3.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.02.010
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.02. Abortion (Refs & Annos)
9.02.010. Repealed by Laws 1992, ch. 1, § 9 (Initiative Measure No. 120, approved Nov. 5, 1991), eff. Dec. 5, 1991
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.02.020
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.02. Abortion (Refs & Annos)
9.02.020. Repealed by Laws 1992, ch. 1, § 9 (Initiative Measure No. 120, approved Nov. 5, 1991), eff. Dec. 5, 1991
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.02.030
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.02. Abortion (Refs & Annos)
9.02.030. Repealed by Laws 1992, ch. 1, § 9 (Initiative Measure No. 120, approved Nov. 5, 1991), eff. Dec. 5, 1991
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.02.040
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.02. Abortion (Refs & Annos)
9.02.040. Repealed by Laws 1992, ch. 1, § 9 (Initiative Measure No. 120, approved Nov. 5, 1991), eff. Dec. 5, 1991
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.02.050
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.02. Abortion (Refs & Annos)
9.02.050. Concealing birth
Every person who shall endeavor to conceal the birth of a child by any disposition of its dead body, whether the child died before or after its birth, shall be guilty of a gross misdemeanor.
CREDIT(S)
[1909 c 249 § 200; RRS § 2452.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.02.060
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.02. Abortion (Refs & Annos)
9.02.060. Repealed by Laws 1992, ch. 1, § 9 (Initiative Measure No. 120, approved Nov. 5, 1991), eff. Dec. 5, 1991
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.02.070
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.02. Abortion (Refs & Annos)
9.02.070. Repealed by Laws 1992, ch. 1, § 9 (Initiative Measure No. 120, approved Nov. 5, 1991), eff. Dec. 5, 1991
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.02.080
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.02. Abortion (Refs & Annos)
9.02.080. Repealed by Laws 1992, ch. 1, § 9 (Initiative Measure No. 120, approved Nov. 5, 1991), eff. Dec. 5, 1991
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.02.090
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.02. Abortion (Refs & Annos)
9.02.090. Repealed by Laws 1992, ch. 1, § 9 (Initiative Measure No. 120, approved Nov. 5, 1991), eff. Dec. 5, 1991
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.02.100
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.02. Abortion (Refs & Annos)
9.02.100. Reproductive privacy--Public policy
The sovereign people hereby declare that every individual possesses a fundamental right of privacy with respect to personal reproductive decisions.
Accordingly, it is the public policy of the state of Washington that:
(1) Every individual has the fundamental right to choose or refuse birth control;
(2) Every woman has the fundamental right to choose or refuse to have an abortion, except as specifically limited by RCW 9.02.100 through 9.02.170 and 9.02.900 through 9.02.902;
(3) Except as specifically permitted by RCW 9.02.100 through 9.02.170 and 9.02.900 through 9.02.902, the state shall not deny or interfere with a woman's fundamental right to choose or refuse to have an abortion; and
(4) The state shall not discriminate against the exercise of these rights in the regulation or provision of benefits, facilities, services, or information.
CREDIT(S)
[1992 c 1 § 1 (Initiative Measure No. 120, approved November 5, 1991).]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.02.110
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.02. Abortion (Refs & Annos)
9.02.110. Right to have and provide
The state may not deny or interfere with a woman's right to choose to have an abortion prior to viability of the fetus, or to protect her life or health.
A physician may terminate and a health care provider may assist a physician in terminating a pregnancy as permitted by this section.
CREDIT(S)
[1992 c 1 § 2 (Initiative Measure No. 120, approved November 5, 1991).]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.02.120
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.02. Abortion (Refs & Annos)
9.02.120. Unauthorized abortions--Penalty
Unless authorized by RCW 9.02.110, any person who performs an abortion on another person shall be guilty of a class C felony punishable under chapter 9A.20 RCW.
CREDIT(S)
[1992 c 1 § 3 (Initiative Measure No. 120, approved November 5, 1991).]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.02.130
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.02. Abortion (Refs & Annos)
9.02.130. Defenses to prosecution
The good faith judgment of a physician as to viability of the fetus or as to the risk to life or health of a woman and the good faith judgment of a health care provider as to the duration of pregnancy shall be a defense in any proceeding in which a violation of this chapter is an issue.
CREDIT(S)
[1992 c 1 § 4 (Initiative Measure No. 120, approved November 5, 1991).]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.02.140
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.02. Abortion (Refs & Annos)
9.02.140. State regulation
Any regulation promulgated by the state relating to abortion shall be valid only if:
(1) The regulation is medically necessary to protect the life or health of the woman terminating her pregnancy,
(2) The regulation is consistent with established medical practice, and
(3) Of the available alternatives, the regulation imposes the least restrictions on the woman's right to have an abortion as defined by RCW 9.02.100 through 9.02.170 and 9.02.900 through 9.02.902.
CREDIT(S)
[1992 c 1 § 5 (Initiative Measure No. 120, approved November 5, 1991).]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.02.150
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.02. Abortion (Refs & Annos)
9.02.150. Refusing to perform
No person or private medical facility may be required by law or contract in any circumstances to participate in the performance of an abortion if such person or private medical facility objects to so doing. No person may be discriminated against in employment or professional privileges because of the person's participation or refusal to participate in the termination of a pregnancy.
CREDIT(S)
[1992 c 1 § 6 (Initiative Measure No. 120, approved November 5, 1991).]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.02.160
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.02. Abortion (Refs & Annos)
9.02.160. State-provided benefits
If the state provides, directly or by contract, maternity care benefits, services, or information to women through any program administered or funded in whole or in part by the state, the state shall also provide women otherwise eligible for any such program with substantially equivalent benefits, services, or information to permit them to voluntarily terminate their pregnancies.
CREDIT(S)
[1992 c 1 § 7 (Initiative Measure No. 120, approved November 5, 1991).]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.02.170
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.02. Abortion (Refs & Annos)
9.02.170. Definitions
For purposes of this chapter:
(1) “Viability” means the point in the pregnancy when, in the judgment of the physician on the particular facts of the case before such physician, there is a reasonable likelihood of the fetus's sustained survival outside the uterus without the application of extraordinary medical measures.
(2) “Abortion” means any medical treatment intended to induce the termination of a pregnancy except for the purpose of producing a live birth.
(3) “Pregnancy” means the reproductive process beginning with the implantation of an embryo.
(4) “Physician” means a physician licensed to practice under chapter 18.57 or 18.71 RCW in the state of Washington.
(5) “Health care provider” means a physician or a person acting under the general direction of a physician.
(6) “State” means the state of Washington and counties, cities, towns, municipal corporations, and quasi-municipal corporations in the state of Washington.
(7) “Private medical facility” means any medical facility that is not owned or operated by the state.
CREDIT(S)
[1992 c 1 § 8 (Initiative Measure No. 120, approved November 5, 1991).]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.02.900
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.02. Abortion (Refs & Annos)
9.02.900. Construction--1992 c 1 (Initiative Measure No. 120)
RCW 9.02.100 through 9.02.170 and 9.02.900 through 9.02.902 shall not be construed to define the state's interest in the fetus for any purpose other than the specific provisions of RCW 9.02.100 through 9.02.170 and 9.02.900 through 9.02.902.
CREDIT(S)
[1992 c 1 § 10 (Initiative Measure No. 120, approved November 5, 1991).]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.02.901
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.02. Abortion (Refs & Annos)
9.02.901. Severability--1992 c 1 (Initiative Measure No. 120)
If any provision of RCW 9.02.100 through 9.02.170 and 9.02.900 through 9.02.902 or its application to any person or circumstance is held invalid, the remainder of RCW 9.02.100 through 9.02.170 and 9.02.900 through 9.02.902 or the application of the provision to other persons or circumstances is not affected.
CREDIT(S)
[1992 c 1 § 11 (Initiative Measure No. 120, approved November 5, 1991).]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.02.902
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.02. Abortion (Refs & Annos)
9.02.902. Short title--1992 c 1 (Initiative Measure No. 120)
RCW 9.02.100 through 9.02.170 and 9.02.900 through 9.02.902 shall be known and may be cited as the Reproductive Privacy Act.
CREDIT(S)
[1992 c 1 § 12 (Initiative Measure No. 120, approved November 5, 1991).]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.03.010
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.03. Abandoned Refrigeration Equipment
9.03.010. Abandoning, discarding refrigeration equipment
Any person who discards or abandons or leaves in any place accessible to children any refrigerator, icebox, or deep freeze locker having a capacity of one and one-half cubic feet or more, which is no longer in use, and which has not had the door removed or a portion of the latch mechanism removed to prevent latching or locking of the door, is guilty of a misdemeanor.
CREDIT(S)
[1955 c 298 § 1.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.03.020
Effective: July 22, 2011
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.03. Abandoned Refrigeration Equipment
9.03.020. Permitting unused equipment to remain on premises
Any owner, lessee, or manager who knowingly permits such an unused refrigerator, icebox, or deep freeze locker to remain on the premises under his or her control without having the door removed or a portion of the latch mechanism removed to prevent latching or locking of the door is guilty of a misdemeanor.
CREDIT(S)
[2011 c 336 § 286, eff. July 22, 2011; 1955 c 298 § 2.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.03.030
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.03. Abandoned Refrigeration Equipment
9.03.030. Violation of RCW 9.03.010 or 9.03.020
Guilt of a violation of RCW 9.03.010 or 9.03.020 shall not, in itself, render one guilty of manslaughter, battery, or other crime against a person who may suffer death or injury from entrapment in such refrigerator, icebox, or deep freeze locker.
CREDIT(S)
[1955 c 298 § 3.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.03.040
Effective: July 22, 2011
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.03. Abandoned Refrigeration Equipment
9.03.040. Keeping or storing equipment for sale
Any person who keeps or stores refrigerators, iceboxes, or deep freeze lockers for the purpose of selling or offering them for sale shall not be guilty of a violation of this chapter if he or she takes reasonable precautions to effectively secure the door of any refrigerator, icebox, or deep freeze locker held for purpose of sale so as to prevent entrance of children small enough to fit into such articles.
CREDIT(S)
[2011 c 336 § 287, eff. July 22, 2011; 1955 c 298 § 4.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA T. 9, Ch. 9.04, Refs & Annos
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments
Chapter 9.04. Advertising, Crimes Relating to
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.04.010
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.04. Advertising, Crimes Relating to (Refs & Annos)
9.04.010. False advertising
Any person, firm, corporation or association who, with intent to sell or in any wise dispose of merchandise, securities, service, or anything offered by such person, firm, corporation or association, directly or indirectly, to the public for sale or distribution, or with intent to increase the consumption thereof, or to induce the public in any manner to enter into any obligation relating thereto, or to acquire title thereto, or an interest therein, makes, publishes, disseminates, circulates, or places before the public, or causes, directly or indirectly, to be made, published, disseminated, circulated, or placed before the public in this state, in a newspaper or other publication, or in the form of a book, notice, hand-bill, poster, bill, circular, pamphlet, or letter, or in any other way, an advertisement of any sort regarding merchandise, securities, service, or anything so offered to the public, which advertisement contains any assertion, representation or statement of fact which is untrue, deceptive or misleading, shall be guilty of a misdemeanor: PROVIDED, That the provisions of this section shall not apply to any owner, publisher, agent, or employee of a newspaper for the publication of such advertisement published in good faith and without knowledge of the falsity thereof.
CREDIT(S)
[1913 c 34 § 1; RRS § 2622-1.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.04.020
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.04. Advertising, Crimes Relating to (Refs & Annos)
9.04.020. Repealed by Laws 1984, ch. 258, § 87, eff. July 1, 1984
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.04.030
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.04. Advertising, Crimes Relating to (Refs & Annos)
9.04.030. Repealed by Laws 1987, ch. 456, § 32
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.04.040
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.04. Advertising, Crimes Relating to (Refs & Annos)
9.04.040. Advertising cures of lost sexual potency--Evidence
Any advertisement in any newspaper, periodical, pamphlet, circular or other written or printed paper, containing the words, “lost manhood”, “lost vitality”, “lost vigor”, “monthly regulators for women”, or words synonymous therewith, shall be prima facie evidence of intent to violate *RCW 9.04.030 and 9.04.040 by the person or persons so advertising, or causing to be advertised, or publishing or permitting to be published, or distributing, circulating and displaying or causing to be distributed, circulated or displayed, any such advertisement.
CREDIT(S)
[1921 c 168 § 2; RRS § 2462-1.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.04.050
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.04. Advertising, Crimes Relating to (Refs & Annos)
9.04.050. False, misleading, deceptive advertising
It shall be unlawful for any person to publish, disseminate or display, or cause directly or indirectly, to be published, disseminated or displayed in any manner or by any means, including solicitation or dissemination by mail, telephone, electronic communication, or door-to-door contacts, any false, deceptive or misleading advertising, with knowledge of the facts which render the advertising false, deceptive or misleading, for any business, trade or commercial purpose or for the purpose of inducing, or which is likely to induce, directly or indirectly, the public to purchase, consume, lease, dispose of, utilize or sell any property or service, or to enter into any obligation or transaction relating thereto: PROVIDED, That nothing in this section shall apply to any radio or television broadcasting station which broadcasts, or to any publisher, printer or distributor of any newspaper, magazine, billboard or other advertising medium who publishes, prints or distributes, such advertising in good faith without knowledge of its false, deceptive or misleading character.
CREDIT(S)
[2000 c 33 § 1; 1961 c 189 § 1.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.04.060
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.04. Advertising, Crimes Relating to (Refs & Annos)
9.04.060. False, misleading, deceptive advertising--Action to restrain and prevent
The attorney general or the prosecuting attorneys of the several counties may bring an action in the superior court to restrain and prevent any person from violating any provision of RCW 9.04.050 through 9.04.080.
CREDIT(S)
[1961 c 189 § 2.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.04.070
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.04. Advertising, Crimes Relating to (Refs & Annos)
9.04.070. False, misleading, deceptive advertising--Penalty
Any person who violates any order or injunction issued pursuant to RCW 9.04.050 through 9.04.080 shall be subject to a fine of not more than five thousand dollars or imprisonment for not more than ninety days or both.
CREDIT(S)
[1999 c 143 § 1; 1961 c 189 § 3.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.04.080
Effective: July 22, 2011
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.04. Advertising, Crimes Relating to (Refs & Annos)
9.04.080. False, misleading, deceptive advertising--Assurance of discontinuance of unlawful practice
In the enforcement of RCW 9.04.050 through 9.04.080 the official enforcing RCW 9.04.050 through 9.04.080 may accept an assurance of discontinuance of any act or practice deemed in violation of RCW 9.04.050 through 9.04.080, from any person engaging in, or who has engaged in such act or practice. Any such assurance shall be in writing and be filed with and subject to the approval of the superior court of the county in which the alleged violator resides or has his or her principal place of business, or in Thurston county. A violation of such assurance shall constitute prima facie proof of a violation of RCW 9.04.050 through 9.04.080: PROVIDED, That after commencement of any action by a prosecuting attorney, as provided herein, the attorney general may not accept an assurance of discontinuance without the consent of the prosecuting attorney.
CREDIT(S)
[2011 c 336 § 288, eff. July 22, 2011; 1961 c 189 § 4.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.04.090
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.04. Advertising, Crimes Relating to (Refs & Annos)
9.04.090. Advertising fuel prices by service stations
It is unlawful for any dealer or service station, as both are defined in *RCW 82.36.010, to advertise by publication, dissemination, display, or whatever means:
(1) A price per unit of fuel that is expressed in a unit of measurement different from that employed by the pump or other device used to dispense the fuel, unless the price is advertised for both units of measurement in the same fashion; or
(2) A price per unit of fuel that is conditioned upon the purchase of another product, unless the conditional language, name, and price of the other product are clearly expressed in the advertisement in characters at least one-half the height of the characters used to advertise the fuel price.
Violation of this section is a misdemeanor and is subject to the provisions of RCW 9.04.060 through 9.04.080.
CREDIT(S)
[1983 c 114 § 1.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA T. 9, Ch. 9.05, Refs & Annos
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments
Chapter 9.05. Sabotage
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.05.010
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.05. Sabotage (Refs & Annos)
9.05.010. Repealed by Laws 1999, ch. 191, § 4
<(Formerly: Anarchy and Sabotage)>
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.05.020
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.05. Sabotage (Refs & Annos)
9.05.020. Repealed by Laws 1999, ch. 191, § 4
<(Formerly: Anarchy and Sabotage)>
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.05.030
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.05. Sabotage (Refs & Annos)
9.05.030. Assemblages of saboteurs
Whenever two or more persons assemble for the purpose of committing criminal sabotage, as defined in RCW 9.05.060, such an assembly is unlawful, and every person voluntarily and knowingly participating therein by his or her presence, aid, or instigation, is guilty of a class B felony and shall be punished by imprisonment in a state correctional facility for not more than ten years, or by a fine of not more than five thousand dollars, or both.
CREDIT(S)
[2003 c 53 § 6, eff. July 1, 2004; 1999 c 191 § 1; 1992 c 7 § 2; 1909 c 249 § 314; 1903 c 45 § 4; RRS § 2566.]
<(Formerly: Anarchy and Sabotage)>
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.05.040
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.05. Sabotage (Refs & Annos)
9.05.040. Repealed by Laws 1999, ch. 191, § 4
<(Formerly: Anarchy and Sabotage)>
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.05.050
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.05. Sabotage (Refs & Annos)
9.05.050. Repealed by Laws 1999, ch. 191, § 4
<(Formerly: Anarchy and Sabotage)>
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.05.060
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.05. Sabotage (Refs & Annos)
9.05.060. Criminal sabotage defined--Penalty
(1) Whoever, with intent that his or her act shall, or with reason to believe that it may, injure, interfere with, interrupt, supplant, nullify, impair, or obstruct the owner's or operator's management, operation, or control of any agricultural, stockraising, lumbering, mining, quarrying, fishing, manufacturing, transportation, mercantile, or building enterprise, or any other public or private business or commercial enterprise, wherein any person is employed for wage, shall willfully damage or destroy, or attempt or threaten to damage or destroy, any property whatsoever, or shall unlawfully take or retain, or attempt or threaten unlawfully to take or retain, possession or control of any property, instrumentality, machine, mechanism, or appliance used in such business or enterprise, shall be guilty of criminal sabotage.
(2) Criminal sabotage is a class B felony punishable according to chapter 9A.20 RCW.
CREDIT(S)
[2003 c 53 § 7, eff. July 1, 2004; 1999 c 191 § 2; 1919 c 173 § 1; RRS § 2563-3.]
<(Formerly: Anarchy and Sabotage)>
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.05.070
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.05. Sabotage (Refs & Annos)
9.05.070. Repealed by Laws 1999, ch. 191, § 4
<(Formerly: Anarchy and Sabotage)>
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.05.080
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.05. Sabotage (Refs & Annos)
9.05.080. Repealed by Laws 1999, ch. 191, § 4
<(Formerly: Anarchy and Sabotage)>
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.05.090
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.05. Sabotage (Refs & Annos)
9.05.090. Provisions cumulative
RCW 9.05.030 and 9.05.060 shall not be construed to repeal or amend any existing penal statute.
CREDIT(S)
[1999 c 191 § 3; 1919 c 173 § 4; RRS § 2563-6.]
<(Formerly: Anarchy and Sabotage)>
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.05.100
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.05. Sabotage (Refs & Annos)
9.05.100. Repealed by Laws 1999, ch. 191, § 4
<(Formerly: Anarchy and Sabotage)>
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.05.110
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.05. Sabotage (Refs & Annos)
9.05.110. Repealed by Laws 1999, ch. 191, § 4
<(Formerly: Anarchy and Sabotage)>
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.05.120
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.05. Sabotage (Refs & Annos)
9.05.120. Repealed by Laws 1999, ch. 191, § 4
<(Formerly: Anarchy and Sabotage)>
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.05.130
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.05. Sabotage (Refs & Annos)
9.05.130. Repealed by Laws 1999, ch. 191, § 4
<(Formerly: Anarchy and Sabotage)>
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.05.140
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.05. Sabotage (Refs & Annos)
9.05.140. Repealed by Laws 1999, ch. 191, § 4
<(Formerly: Anarchy and Sabotage)>
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.05.150
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.05. Sabotage (Refs & Annos)
9.05.150. Repealed by Laws 1999, ch. 191, § 4
<(Formerly: Anarchy and Sabotage)>
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.05.160
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.05. Sabotage (Refs & Annos)
9.05.160. Repealed by Laws 1999, ch. 191, § 4
<(Formerly: Anarchy and Sabotage)>
Current with 2013 Legislation effective through June 7, 2013
West's RCWA T. 9, Ch. 9.08, Refs & Annos
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments
Chapter 9.08. Animals, Crimes Relating to
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.08.010
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.08. Animals, Crimes Relating to (Refs & Annos)
9.08.010. Repealed by Laws 1987, ch. 94, § 5
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.08.020
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.08. Animals, Crimes Relating to (Refs & Annos)
9.08.020. Repealed by Laws 1998, ch. 8, § 22
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.08.030
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.08. Animals, Crimes Relating to (Refs & Annos)
9.08.030. False certificate of registration of animals--False representation as to breed
Every person who, by color or aid of any false pretense, representation, token or writing shall obtain from any club, association, society or company for the improvement of the breed of cattle, horses, sheep, swine, fowls or other domestic animals or birds, a certificate of registration of any animal or bird in a herdbook, or other register of any such association, society or company, or a transfer of any such registration, and every person who shall knowingly represent an animal or bird for breeding purposes to be of a greater degree of any particular strain of blood than such animal actually possesses, shall be guilty of a gross misdemeanor.
CREDIT(S)
[1909 c 249 § 341; RRS § 2593.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.08.040
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.08. Animals, Crimes Relating to (Refs & Annos)
9.08.040. Repealed by Laws 1975, 1st Ex.Sess., ch. 260, § 9A.92.010, eff. July 1, 1976
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.08.050
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.08. Animals, Crimes Relating to (Refs & Annos)
9.08.050. Repealed by Laws 1975, 1st Ex.Sess., ch. 61, § 3
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.08.060
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.08. Animals, Crimes Relating to (Refs & Annos)
9.08.060. Repealed by Laws 1982, ch. 114, § 14
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.08.065
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.08. Animals, Crimes Relating to (Refs & Annos)
9.08.065. Definitions
As used in RCW 9.08.070 through 9.08.078:
(1) “Pet animal” means a tamed or domesticated animal legally retained by a person and kept as a companion. “Pet animal” does not include livestock raised for commercial purposes.
(2) “Research institution” means a facility licensed by the United States department of agriculture to use animals in biomedical or product research.
(3) “U.S.D.A. licensed dealer” means a person who is licensed or required to be licensed by the United States department of agriculture to commercially buy, receive, sell, negotiate for sale, or transport animals.
CREDIT(S)
[2003 c 53 § 8, eff. July 1, 2004; 1989 c 359 § 1.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.08.070
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.08. Animals, Crimes Relating to (Refs & Annos)
9.08.070. Pet animals--Taking, concealing, injuring, killing, etc.--Penalty
(1) Any person who, with intent to deprive or defraud the owner thereof, does any of the following shall be guilty of a gross misdemeanor punishable according to chapter 9A.20 RCW and by a mandatory fine of not less than five hundred dollars per pet animal, except as provided by subsection (2) of this section:
(a) Takes, leads away, confines, secretes or converts any pet animal, except in cases in which the value of the pet animal exceeds two hundred fifty dollars;
(b) Conceals the identity of any pet animal or its owner by obscuring, altering, or removing from the pet animal any collar, tag, license, tattoo, or other identifying device or mark;
(c) Willfully or recklessly kills or injures any pet animal, unless excused by law.
(2) Nothing in this section shall prohibit a person from also being convicted of separate offenses under RCW 9A.56.030, 9A.56.040, or 9A.56.050 for theft or under RCW 9A.56.150, 9A.56.160, or 9A.56.170 for possession of stolen property.
CREDIT(S)
[2003 c 53 § 9, eff. July 1, 2004; 1989 c 359 § 2; 1982 c 114 § 1.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.08.072
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.08. Animals, Crimes Relating to (Refs & Annos)
9.08.072. Transferring stolen pet animal to a research institution--Penalty
(1) It is unlawful for any person to receive with intent to sell to a research institution in the state of Washington, or sell or otherwise directly transfer to a research institution in the state of Washington, a pet animal that the person knows or has reason to know has been stolen or fraudulently obtained. This section does not apply to U.S.D.A. licensed dealers.
(2) The first conviction under this section is a gross misdemeanor punishable according to chapter 9A.20 RCW and by a mandatory fine of not less than five hundred dollars per pet animal.
(3) A second or subsequent conviction under this section is a class C felony punishable according to chapter 9A.20 RCW and by a mandatory fine of not less than one thousand dollars per pet animal.
(4) Nothing in this section shall prohibit a person from also being convicted of separate offenses under RCW 9A.56.030, 9A.56.040, or 9A.56.050 for theft or under RCW 9A.56.150, 9A.56.160, or 9A.56.170 for possession of stolen property.
CREDIT(S)
[2003 c 53 § 10, eff. July 1, 2004.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.08.074
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.08. Animals, Crimes Relating to (Refs & Annos)
9.08.074. Transferring stolen pet animal to a person who has previously sold a stolen pet animal to a research institution--Penalty
(1) It is unlawful for any person, who knows or has reason to know that a pet animal has been stolen or fraudulently obtained, to sell or otherwise transfer the pet animal to another who the person knows or has reason to know has previously sold a stolen or fraudulently obtained pet animal to a research institution in the state of Washington.
(2) A conviction under this section is a class C felony punishable according to chapter 9A.20 RCW and by a mandatory fine of not less than one thousand dollars per pet animal.
CREDIT(S)
[2003 c 53 § 11, eff. July 1, 2004.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.08.076
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.08. Animals, Crimes Relating to (Refs & Annos)
9.08.076. Transferring stolen pet animal to a research institution by a U.S.D.A. licensed dealer--Penalty
(1) It is unlawful for a U.S.D.A. licensed dealer to receive with intent to sell, or sell or transfer directly or through a third party, to a research institution in the state of Washington, a pet animal that the dealer knows or has reason to know has been stolen or fraudulently obtained.
(2) A conviction under this section is a class C felony punishable according to chapter 9A.20 RCW and by a mandatory fine of not less than one thousand dollars per pet animal.
CREDIT(S)
[2003 c 53 § 12, eff. July 1, 2004.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.08.078
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.08. Animals, Crimes Relating to (Refs & Annos)
9.08.078. Illegal sale, receipt, or transfer of pet animals--Separate offenses
(1) The sale, receipt, or transfer of each individual pet animal in violation of RCW 9.08.070 through 9.08.078 constitutes a separate offense.
(2) The provisions of RCW 9.08.070 through 9.08.078 shall not apply to the lawful acts of any employee, agent, or director of any humane society, animal control agency, or animal shelter operated by or on behalf of any government agency, operating under law.
CREDIT(S)
[2003 c 53 § 13, eff. July 1, 2004.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.08.080
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.08. Animals, Crimes Relating to (Refs & Annos)
9.08.080. Acts against animal facilities--Intent
There has been an increasing number of illegal acts committed against animal production and research facilities involving injury or loss of life to animals or humans, criminal trespass, and damage to property. These actions not only abridge the property rights of the owners, operators, and employees of the facility, they may also damage the public interest by jeopardizing crucial animal production or agricultural, scientific, or biomedical research. These actions may also threaten the public safety by exposing communities to public health concerns and creating traffic hazards. These actions substantially disrupt or damage research and result in the potential loss of physical and intellectual property. While the criminal code, particularly the malicious mischief crimes, adequately covers those who intentionally and without authority damage or destroy farm animals, the code does not adequately cover similar misconduct directed against research and educational facilities. Therefore, it is in the interest of the people of the state of Washington to protect the welfare of humans and animals, as well as the productive use of private or public funds, to promote and protect scientific and medical research, foster education, and preserve and enhance agricultural production.
It is the intent of the legislature that the courts in deciding applications for injunctive relief under RCW 4.24.580 give full consideration to the constitutional rights of persons to speak freely, to picket, and to conduct other lawful activities.
CREDIT(S)
[1991 c 325 § 1.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.08.090
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.08. Animals, Crimes Relating to (Refs & Annos)
9.08.090. Acts against animal facilities
A person is guilty of a class C felony: If he or she, without authorization, knowingly takes, releases, destroys, contaminates, or damages any animal or animals kept in a research or educational facility where the animal or animals are used or to be used for medical research purposes or other research purposes or for educational purposes; or if he or she, without authorization, knowingly destroys or damages any records, equipment, research product, or other thing pertaining to such animal or animals.
CREDIT(S)
[1991 c 325 § 2.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.09.010
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.09. Arson [Repealed]
9.09.010 to 9.09.060. Repealed by Laws 1975, 1st Ex.Sess., ch. 260, § 9A.92.010, eff. July 1, 1976
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.09.060
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.09. Arson [Repealed]
9.09.010 to 9.09.060. Repealed by Laws 1975, 1st Ex.Sess., ch. 260, § 9A.92.010, eff. July 1, 1976
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.11.010
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.11. Assault [Repealed]
9.11.010 to 9.11.050. Repealed by Laws 1975, 1st Ex.Sess., ch. 260, § 9A.92.010, eff. July 1, 1976
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.11.050
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.11. Assault [Repealed]
9.11.010 to 9.11.050. Repealed by Laws 1975, 1st Ex.Sess., ch. 260, § 9A.92.010, eff. July 1, 1976
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.12.010
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.12. Barratry
9.12.010. Barratry
Every person who brings on his or her own behalf, or instigates, incites, or encourages another to bring, any false suit at law or in equity in any court of this state, with intent thereby to distress or harass a defendant in the suit, or who serves or sends any paper or document purporting to be or resembling a judicial process, that is not in fact a judicial process, is guilty of a misdemeanor; and in case the person offending is an attorney, he or she may, in addition thereto be disbarred from practicing law within this state.
CREDIT(S)
[2001 c 310 § 3. Prior: 1995 c 285 § 27; 1915 c 165 § 1; 1909 c 249 § 118; Code 1881 § 901; 1873 p 204 § 100; 1854 p 92 § 91; RRS § 2370.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.12.020
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.12. Barratry
9.12.020. Buying, demanding, or promising reward by district judge or deputy
Every district judge or deputy who shall, directly or indirectly, buy or be interested in buying anything in action for the purpose of commencing a suit thereon before a district judge, or who shall give or promise any valuable consideration to any person as an inducement to bring, or as a consideration for having brought, a suit before a district judge, shall be guilty of a misdemeanor.
CREDIT(S)
[1987 c 202 § 138; 1909 c 249 § 119; RRS § 2371.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.12.030
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.12. Barratry
9.12.030. Repealed by Laws 1987, ch. 456, § 32
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.15.010
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.15. Bigamy [Repealed]
9.15.010, 9.15.020. Repealed by Laws 1975, 1st Ex.Sess., ch. 260, § 9A.92.010, eff. July 1, 1976
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.15.020
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.15. Bigamy [Repealed]
9.15.010, 9.15.020. Repealed by Laws 1975, 1st Ex.Sess., ch. 260, § 9A.92.010, eff. July 1, 1976
Current with 2013 Legislation effective through June 7, 2013
West's RCWA T. 9, Ch. 9.16, Refs & Annos
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments
Chapter 9.16. Brands and Marks, Crimes Relating to
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.16.005
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.16. Brands and Marks, Crimes Relating to (Refs & Annos)
9.16.005. Definitions
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) “Counterfeit mark” means:
(a) Any unauthorized reproduction or copy of intellectual property; or
(b) Intellectual property affixed to any item knowingly sold, offered for sale, manufactured, or distributed, or identifying services offered or rendered, without the authority of the owner of the intellectual property.
(2) “Intellectual property” means any trademark, service mark, trade name, label, term, device, design, or work adopted or used by a person to identify such person's goods or services. Intellectual property does not have exclusive use rights to trade names registered under chapter 19.80 RCW.
(3) “Retail value” means the counterfeiter's regular selling price for the item or service bearing or identified by the counterfeit mark. In the case of items bearing a counterfeit mark which are components of a finished product, the retail value shall be the counterfeiter's regular selling price of the finished product on or in which the component would be utilized.
CREDIT(S)
[1999 c 322 § 1.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.16.010
Effective: July 22, 2011
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.16. Brands and Marks, Crimes Relating to (Refs & Annos)
9.16.010. Removing lawful brands
Every person who shall willfully deface, obliterate, remove, or alter any mark or brand placed by or with the authority of the owner thereof on any shingle bolt, log or stick of timber, or on any horse, mare, gelding, mule, cow, steer, bull, sheep, goat or hog, shall be punished by imprisonment in a state correctional facility for not more than five years, or by imprisonment in the county jail for up to three hundred sixty-four days, or by a fine of not more than one thousand dollars, or by both fine and imprisonment.
CREDIT(S)
[2011 c 96 § 4, eff. July 22, 2011; 1992 c 7 § 3; 1909 c 249 § 342; Code 1881 § 839; 1873 p 191 § 54; RRS § 2594.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.16.020
Effective: July 22, 2011
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.16. Brands and Marks, Crimes Relating to (Refs & Annos)
9.16.020. Imitating lawful brand
Every person who, in any county, places upon any property, any brand or mark in the likeness or similitude of another brand or mark filed with the county auditor of such county by the owner thereof as a brand or mark for the designation or identification of a like kind of property, is:
(1) If done with intent to confuse or commingle such property with, or to appropriate to his or her own use, the property of such other owner, guilty of a felony, punishable by imprisonment in a state correctional facility for not more than five years, or by imprisonment in the county jail for up to three hundred sixty-four days, or by a fine of not more than one thousand dollars, or by both fine and imprisonment; or
(2) If done without such intent, guilty of a misdemeanor.
CREDIT(S)
[2011 c 96 § 5, eff. July 22, 2011; 1992 c 7 § 4; 1909 c 249 § 343; RRS § 2595.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.16.030
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.16. Brands and Marks, Crimes Relating to (Refs & Annos)
9.16.030. Counterfeit mark--Intellectual property
Any person who willfully and knowingly, and for financial gain, manufactures, uses, displays, advertises, distributes, offers for sale, sells or possesses with intent to sell or distribute any item, or offers any services, bearing or identified by a counterfeit mark, is guilty of the crime of counterfeiting.
Any state or federal certificate of registration of any intellectual property is prima facie evidence of the facts stated in the certificate.
CREDIT(S)
[1999 c 322 § 2; 1909 c 249 § 344; Code 1881 § 854; 1873 p 194 § 63; 1854 p 85 § 87; RRS § 2596.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.16.035
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.16. Brands and Marks, Crimes Relating to (Refs & Annos)
9.16.035. Counterfeiting--Penalties
(1) Counterfeiting is a misdemeanor, except as provided in subsections (2), (3) and (4) of this section.
(2) Counterfeiting is a gross misdemeanor if:
(a) The defendant has previously been convicted under RCW 9.16.030; or
(b) The violation involves more than one hundred but fewer than one thousand items bearing a counterfeit mark or the total retail value of all items bearing a counterfeit mark or the total retail value of all items bearing, or services identified by, a counterfeit mark is more than one thousand dollars but less than ten thousand dollars.
(3) Counterfeiting is a class C felony if:
(a) The defendant has been previously convicted of two or more offenses under RCW 9.16.030;
(b) The violation involves the manufacture or production of items bearing counterfeit marks; or
(c) The violation involves one thousand or more items bearing a counterfeit mark or the total retail value of all items bearing, or services identified by, a counterfeit mark is ten thousand dollars or more.
(4) Counterfeiting is a class C felony if:
(a) The violation involves the manufacture, production, or distribution of items bearing counterfeit marks; and
(b) The defendant knew or should have known that the counterfeit items, by their intended use, endangered the health or safety of others.
(5) For purposes of this section, the quantity or retail value of items or services shall include the aggregate quantity or retail value of all items bearing, or services identified by, every counterfeit mark the defendant manufactures, uses, displays, advertises, distributes, possesses, or possesses with intent to sell.
(6) A person guilty of counterfeiting shall be fined an amount up to three times the retail value of the items bearing, or services identified by, a counterfeit mark, unless extenuating circumstances are shown by the defendant.
(7) The penalties provided for in this section are cumulative and do not affect any other civil and criminal penalties provided by law.
CREDIT(S)
[1999 c 322 § 3.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.16.040
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.16. Brands and Marks, Crimes Relating to (Refs & Annos)
9.16.040. Repealed by Laws 1999, ch. 322, § 7
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.16.041
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.16. Brands and Marks, Crimes Relating to (Refs & Annos)
9.16.041. Counterfeit items--Seizure and forfeiture
(1) Any items bearing a counterfeit mark, and all personal property employed or used in connection with counterfeiting, including but not limited to, any items, objects, tools, machines, equipment, instruments, or vehicles of any kind, shall be seized by any law enforcement officer.
All seized personal property referenced in this subsection shall be forfeited in accordance with RCW 10.105.010.
(2) Upon request of the intellectual property owner, all seized items bearing a counterfeit mark shall be released to the intellectual property owner for destruction or disposition.
(3) If the intellectual property owner does not request release of seized items bearing a counterfeit mark, such items shall be destroyed unless the intellectual property owner consents to another disposition.
CREDIT(S)
[1999 c 322 § 4.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.16.050
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.16. Brands and Marks, Crimes Relating to (Refs & Annos)
9.16.050. When deemed affixed
A label, trademark, term, design, device or form of advertisement shall be deemed to be affixed to any goods, wares, merchandise, mixture, preparation or compound whenever it is in any manner placed in or upon either the article itself, or the box, bale, barrel, bottle, case, cask or other vessel or package, or the cover, wrapper, stopper, brand, label or other thing in, by or with which the goods are packed, enclosed or otherwise prepared for sale or distribution.
CREDIT(S)
[1909 c 249 § 346; RRS § 2598.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.16.060
Effective: July 22, 2011
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.16. Brands and Marks, Crimes Relating to (Refs & Annos)
9.16.060. Fraudulent registration of trademark
Every person who shall for himself or herself, or on behalf of any other person, corporation, association, or union, procure the filing of any label, trademark, term, design, device, or form of advertisement, with the secretary of state by any fraudulent means, shall be guilty of a misdemeanor.
CREDIT(S)
[2011 c 336 § 289, eff. July 22, 2011; 1909 c 249 § 347; RRS § 2599.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.16.070
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.16. Brands and Marks, Crimes Relating to (Refs & Annos)
9.16.070. Form and similitude defined
A plate, label, trademark, term, design, device or form of advertisement is in the form and similitude of the genuine instrument imitated if the finished parts of the engraving thereupon shall resemble or conform to the similar parts of the genuine instrument.
CREDIT(S)
[1909 c 249 § 348; RRS § 2600.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.16.080
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.16. Brands and Marks, Crimes Relating to (Refs & Annos)
9.16.080. Petroleum products improperly labeled or graded--Penalty
(1) It shall be unlawful for any person, firm, or corporation:
(a) To use, adopt, place upon, or permit to be used, adopted or placed upon, any barrel, tank, drum or other container of gasoline or lubricating oil for internal combustion engines, sold or offered for sale, or upon any pump or other device used in delivering the same, any trade name, trademark, designation or other descriptive matter, which is not the true and correct trade name, trademark, designation or other descriptive matter of the gasoline or lubricating oil so sold or offered for sale;
(b) To sell, or offer for sale, or have in his or her or its possession with intent to sell, any gasoline or lubricating oil, contained in, or taken from, or through any barrel, tank, drum, or other container or pump or other device, so unlawfully labeled or marked, as hereinabove provided;
(c) To sell, or offer for sale, or have in his or her or its possession with intent to sell any gasoline or lubricating oil for internal combustion engines and to represent to the purchaser, or prospective purchaser, that such gasoline or lubricating oil so sold or offered for sale, is of a quality, grade or standard, or the product of a particular gasoline or lubricating oil manufacturing, refining or distributing company or association, other than the true quality, grade, standard, or the product of a particular gasoline or oil manufacturing, refining or distributing company or association, of the gasoline or oil so offered for sale or sold.
(2)(a) Except as provided in (b) of this subsection, any person, firm, or corporation violating this section is guilty of a misdemeanor.
(b) A second and each subsequent violation of this section is a gross misdemeanor.
CREDIT(S)
[2003 c 53 § 14, eff. July 1, 2004; 1927 c 222 § 1; RRS § 2637-1.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.16.090
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.16. Brands and Marks, Crimes Relating to (Refs & Annos)
9.16.090. Repealed by Laws 2003, ch. 53, § 421, eff. July 1, 2004
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.16.100
Effective: July 22, 2011
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.16. Brands and Marks, Crimes Relating to (Refs & Annos)
9.16.100. Use of the words “sterling silver,” etc.
Every person who shall make, sell or offer to sell or dispose of, or have in his or her possession with intent to sell or dispose of any metal article marked, stamped or branded with the words “sterling,” “sterling silver,” or “solid silver,” unless nine hundred twenty-five one-thousandths of the component parts of the metal of which such article and all parts thereof is manufactured is pure silver, shall be guilty of a gross misdemeanor.
CREDIT(S)
[2011 c 336 § 290, eff. July 22, 2011; 1909 c 249 § 428; RRS § 2680.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.16.110
Effective: July 22, 2011
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.16. Brands and Marks, Crimes Relating to (Refs & Annos)
9.16.110. Use of words “coin silver,” etc.
Every person who shall make, sell or offer to sell or dispose of, or have in his or her possession with intent to dispose of any metal article marked, stamped or branded with the words “coin,” or “coin silver,” unless nine hundred one-thousandths of the component parts of the metal of which such article and all parts thereof is manufactured, is pure silver, shall be guilty of a gross misdemeanor.
CREDIT(S)
[2011 c 336 § 291, eff. July 22, 2011; 1909 c 249 § 429; RRS § 2681.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.16.120
Effective: July 22, 2011
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.16. Brands and Marks, Crimes Relating to (Refs & Annos)
9.16.120. Use of the word “sterling” on mounting
Every person who shall make, sell, offer to sell or dispose of, or have in his or her possession with intent to sell or dispose of, any article comprised of leather, shell, ivory, celluloid, pearl, glass, porcelain, pottery, steel or wood, to which is applied or attached a metal mounting marked, stamped or branded with the words “sterling,” or “sterling silver,” unless nine hundred twenty-five one-thousandths of the component parts of the metal of which such metal mounting is manufactured is pure silver, shall be guilty of a gross misdemeanor.
CREDIT(S)
[2011 c 336 § 292, eff. July 22, 2011; 1909 c 249 § 430; RRS § 2682.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.16.130
Effective: July 22, 2011
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.16. Brands and Marks, Crimes Relating to (Refs & Annos)
9.16.130. Use of the words “coin silver” on mounting
Every person who shall make, sell, offer to sell or dispose of, or have in his or her possession with intent to sell or dispose of, any article comprised of leather, shell, ivory, celluloid, pearl, glass, porcelain, pottery, steel or wood, to which is applied or attached a metal mounting marked, stamped or branded with the words “coin” or “coin silver,” unless nine hundred one-thousandths of the component parts of the metal of which such metal mounting is manufactured is pure silver, shall be guilty of a gross misdemeanor.
CREDIT(S)
[2011 c 336 § 293, eff. July 22, 2011; 1909 c 249 § 431; RRS § 2683.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.16.140
Effective: July 22, 2011
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.16. Brands and Marks, Crimes Relating to (Refs & Annos)
9.16.140. Unlawfully marking article made of gold
Every person who shall make, sell, offer to sell or dispose of, or have in his or her possession with intent to sell or dispose of, any article constructed wholly or in part of gold, or of an alloy of gold, and marked, stamped or branded in such manner as to indicate that the gold or alloy of gold in such article is of a greater degree or carat of fineness, by more than one carat, than the actual carat or fineness of such gold or alloy of gold, shall be guilty of a gross misdemeanor.
CREDIT(S)
[2011 c 336 § 294, eff. July 22, 2011; 1909 c 249 § 432; RRS § 2684.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.16.150
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.16. Brands and Marks, Crimes Relating to (Refs & Annos)
9.16.150. “Marked, stamped or branded” defined
An article shall be deemed to be “marked, stamped or branded” whenever such article, or any box, package, cover or wrapper in which the same is enclosed, encased or prepared for sale or delivery, or any card, label or placard with which the same may be exhibited or displayed, is so marked, stamped or branded.
CREDIT(S)
[1909 c 249 § 433; RRS § 2685.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA T. 9, Ch. 9.18, Refs & Annos
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments
Chapter 9.18. Bidding Offenses
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.18.010
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.18. Bidding Offenses (Refs & Annos)
9.18.010 to 9.18.070. Repealed by Laws 1975, 1st Ex.Sess., ch. 260, § 9A.92.010, eff. July 1, 1976
<(Formerly: Bribery and Grafting)>
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.18.070
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.18. Bidding Offenses (Refs & Annos)
9.18.010 to 9.18.070. Repealed by Laws 1975, 1st Ex.Sess., ch. 260, § 9A.92.010, eff. July 1, 1976
<(Formerly: Bribery and Grafting)>
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.18.080
Effective: July 22, 2011
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.18. Bidding Offenses (Refs & Annos)
9.18.080. Offender a competent witness
Every person offending against any of the provisions of law relating to bribery or corruption shall be a competent witness against another so offending and shall not be excused from giving testimony tending to criminate himself or herself.
CREDIT(S)
[2011 c 336 § 295, eff. July 22, 2011; 1909 c 249 § 78; RRS § 2330. Cf. 1907 c 60 §§ 1, 2; RRS §§ 2149, 2150.]
<(Formerly: Bribery and Grafting)>
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.18.090
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.18. Bidding Offenses (Refs & Annos)
9.18.090 to 9.18.110. Repealed by Laws 1975, 1st Ex.Sess., ch. 260, § 9A.92.010, eff. July 1, 1976
<(Formerly: Bribery and Grafting)>
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.18.110
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.18. Bidding Offenses (Refs & Annos)
9.18.090 to 9.18.110. Repealed by Laws 1975, 1st Ex.Sess., ch. 260, § 9A.92.010, eff. July 1, 1976
<(Formerly: Bribery and Grafting)>
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.18.120
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.18. Bidding Offenses (Refs & Annos)
9.18.120. Suppression of competitive bidding
(1) When any competitive bid or bids are to be or have been solicited, requested, or advertised for by the state of Washington, or any county, city, town or other municipal corporation therein, or any department of either thereof, for any work or improvement to be done or constructed for or by such state, county, city, town, or other municipal corporation, or any department of either thereof, it shall be unlawful for any person acting for himself or herself or as agent of another, or as agent for or as a member of any partnership, unincorporated firm or association, or as an officer or agent of any corporation, to offer, give, or promise to give, any money, check, draft, property, or other thing of value, to another or to any firm, association, or corporation for the purpose of inducing such other person, firm, association, or corporation, either to refrain from submitting any bids upon such public work or improvement, or to enter into any agreement, understanding or arrangement whereby full and unrestricted competition for the securing of such public work will be suppressed, prevented, or eliminated; and it shall be unlawful for any person to solicit, accept, or receive any money, check, draft, property, or other thing of value upon a promise or understanding, express or implied, that he or she individually or as an agent or officer of another person, persons, or corporation, will refrain from bidding upon such public work or improvement, or that he or she will on behalf of himself or herself or such others submit or permit another to submit for him or her any bid upon such public work or improvement in such sum as to eliminate full and unrestricted competition thereon.
(2) A person violating this section is guilty of a gross misdemeanor.
CREDIT(S)
[2003 c 53 § 15, eff. July 1, 2004; 1921 c 12 § 1; RRS § 2333-1.]
<(Formerly: Bribery and Grafting)>
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.18.130
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.18. Bidding Offenses (Refs & Annos)
9.18.130. Collusion to prevent competitive bidding--Penalty
(1) It shall be unlawful for any person for himself or herself or as an agent or officer of any other person, persons, or corporation to in any manner enter into collusion or an understanding with any other person, persons, or corporation to prevent or eliminate full and unrestricted competition upon any public work or improvement mentioned in RCW 9.18.120.
(2) A person violating this section is guilty of a gross misdemeanor.
CREDIT(S)
[2003 c 53 § 16, eff. July 1, 2004; 1921 c 12 § 2; RRS § 2333-2.]
<(Formerly: Bribery and Grafting)>
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.18.140
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.18. Bidding Offenses (Refs & Annos)
9.18.140. Repealed by Laws 2003, ch. 53, § 421, eff. July 1, 2004
<(Formerly: Bribery and Grafting)>
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.18.150
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.18. Bidding Offenses (Refs & Annos)
9.18.150. Agreements outside state
It shall be no defense to a prosecution under RCW 9.18.120 through 9.18.150 that a payment or promise of payment of any money, check, draft, or anything of value, or any other understanding or arrangement to eliminate unrestricted competitive bids was had or made outside of the state of Washington, if such work or improvement for which bids are called is to be done or performed within the state.
CREDIT(S)
[1921 c 12 § 4; RRS § 2333-4.]
<(Formerly: Bribery and Grafting)>
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.19.010
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.19. Burglary [Repealed]
9.19.010 to 9.19.050. Repealed by Laws 1975, 1st Ex.Sess., ch. 260, § 9A.92.010, eff. July 1, 1976
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.19.050
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.19. Burglary [Repealed]
9.19.010 to 9.19.050. Repealed by Laws 1975, 1st Ex.Sess., ch. 260, § 9A.92.010, eff. July 1, 1976
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.22.010
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.22. Conspiracy [Repealed]
9.22.010 to 9.22.040. Repealed by Laws 1975, 1st Ex.Sess., ch. 260, § 9A.92.010, eff. July 1, 1976
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.22.040
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.22. Conspiracy [Repealed]
9.22.010 to 9.22.040. Repealed by Laws 1975, 1st Ex.Sess., ch. 260, § 9A.92.010, eff. July 1, 1976
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.23.010
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.23. Contempt [Repealed]
9.23.010. Repealed by Laws 1989, ch. 373, § 28
Current with 2013 Legislation effective through June 7, 2013
West's RCWA T. 9, Ch. 9.24, Refs & Annos
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments
Chapter 9.24. Corporations, Crimes Relating to
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.24.010
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.24. Corporations, Crimes Relating to (Refs & Annos)
9.24.010. Fraud in stock subscription
Every person who shall sign the name of a fictitious person to any subscription for or any agreement to take stock in any corporation existing or proposed, and every person who shall sign to any such subscription or agreement the name of any person, knowing that such person does not intend in good faith to comply with the terms thereof, or upon any understanding or agreement that the terms of such subscription or agreement are not to be complied with or enforced, shall be guilty of a gross misdemeanor.
CREDIT(S)
[1909 c 249 § 386; RRS § 2638. Formerly RCW 9.44.090.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.24.020
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.24. Corporations, Crimes Relating to (Refs & Annos)
9.24.020. Fraudulent issue of stock, scrip, etc.
Every officer, agent or other person in the service of a joint stock company or corporation, domestic or foreign, who, willfully and knowingly with intent to defraud:
(1) Sells, pledges, or issues, or causes to be sold, pledged, or issued, or signs or executes, or causes to be signed or executed, with intent to sell, pledge, or issue, or cause to be sold, pledged, or issued, any certificate or instrument purporting to be a certificate or evidence of ownership of any share or shares of such company or corporation, or any conveyance or encumbrance of real or personal property, contract, bond, or evidence of debt, or writing purporting to be a conveyance or encumbrance of real or personal property, contract, bond or evidence of debt of such company or corporation, without being first duly authorized by such company or corporation, or contrary to the charter or laws under which such company or corporation exists, or in excess of the power of such company or corporation, or of the limit imposed by law or otherwise upon its power to create or issue stock or evidence of debt; or,
(2) Reissues, sells, pledges, disposes of, or causes to be reissued, sold, pledged, or disposed of, any surrendered or canceled certificate or other evidence of the transfer of ownership of any such share or shares
is guilty of a class B felony and shall be punished by imprisonment in a state correctional facility for not more than ten years, or by a fine of not more than five thousand dollars, or by both.
CREDIT(S)
[2003 c 53 § 17, eff. July 1, 2004; 1992 c 7 § 5; 1909 c 249 § 387; RRS § 2639. Formerly RCW 9.37.070.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.24.030
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.24. Corporations, Crimes Relating to (Refs & Annos)
9.24.030. Insolvent bank receiving deposit
Every owner, officer, stockholder, agent or employee of any person, firm, corporation or association engaged, wholly or in part, in the business of banking or receiving money or negotiable paper or securities on deposit or in trust, who shall accept or receive, with or without interest, any deposit, or who shall consent thereto or connive thereat, when he or she knows or has good reason to believe that such person, firm, corporation or association is unsafe or insolvent, is guilty of a class B felony and shall be punished by imprisonment in a state correctional facility for not more than ten years, or by a fine of not more than ten thousand dollars.
CREDIT(S)
[2003 c 53 § 18, eff. July 1, 2004; 1992 c 7 § 6; 1909 c 249 § 388; 1893 c 111 § 1; RRS § 2640. Formerly RCW 9.45.140.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.24.040
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.24. Corporations, Crimes Relating to (Refs & Annos)
9.24.040. Corporation doing business without license
Every corporation, whether domestic or foreign, and every person representing or pretending to represent such corporation as an officer, agent or employee thereof, who shall transact, solicit or advertise for any business in this state, before such corporation shall have obtained from the officer lawfully authorized to issue the same, a certificate that such corporation is authorized to transact business in this state, shall be guilty of a gross misdemeanor.
CREDIT(S)
[1909 c 249 § 389; RRS § 2641. Formerly RCW 9.45.130.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.24.050
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.24. Corporations, Crimes Relating to (Refs & Annos)
9.24.050. False report of corporation
Every director, officer or agent of any corporation or joint stock association, and every person engaged in organizing or promoting any enterprise, who shall knowingly make or publish or concur in making or publishing any written prospectus, report, exhibit or statement of its affairs or pecuniary condition, containing any material statement that is false or exaggerated, is guilty of a class B felony and shall be punished by imprisonment in a state correctional facility for not more than ten years, or by a fine of not more than five thousand dollars.
CREDIT(S)
[2003 c 53 § 19, eff. July 1, 2004; 1992 c 7 § 7; 1909 c 249 § 390; RRS § 2642. Formerly RCW 9.38.040.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.24.060
Effective: September 29, 2011
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.24. Corporations, Crimes Relating to (Refs & Annos)
9.24.060. Decodified September 2011
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.24.070
Effective: September 29, 2011
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.24. Corporations, Crimes Relating to (Refs & Annos)
9.24.070. Decodified September 2011
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.24.080
Effective: September 29, 2011
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.24. Corporations, Crimes Relating to (Refs & Annos)
9.24.080. Decodified September 2011
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.24.090
Effective: September 29, 2011
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.24. Corporations, Crimes Relating to (Refs & Annos)
9.24.090. Decodified September 2011
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.24.100
Effective: September 29, 2011
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.24. Corporations, Crimes Relating to (Refs & Annos)
9.24.100. Decodified September 2011
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.24.110
Effective: August 31, 2007
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.24. Corporations, Crimes Relating to (Refs & Annos)
9.24.110. Decodified September 2007
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.24.120
Effective: August 31, 2007
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.24. Corporations, Crimes Relating to (Refs & Annos)
9.24.120. Decodified September 2007
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.24.125
Effective: September 29, 2011
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.24. Corporations, Crimes Relating to (Refs & Annos)
9.24.125. Decodified September 2011
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.26.010
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.26. Counterfeiting [Repealed]
9.26.010 to 9.26.030. Repealed by Laws 1975, 1st Ex.Sess., ch. 260, § 9A.92.010, eff. July 1, 1976
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.26.030
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.26. Counterfeiting [Repealed]
9.26.010 to 9.26.030. Repealed by Laws 1975, 1st Ex.Sess., ch. 260, § 9A.92.010, eff. July 1, 1976
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.26A.010
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.26A. Telecommunications Crime
9.26A.010 to 9.26A.080. Repealed by Laws 1975, 1st Ex.Sess., ch. 260, § 9A.92.010, eff. July 1, 1976
<(Formerly: Credit Cards, Crimes Relating To)>
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.26A.080
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.26A. Telecommunications Crime
9.26A.010 to 9.26A.080. Repealed by Laws 1975, 1st Ex.Sess., ch. 260, § 9A.92.010, eff. July 1, 1976
<(Formerly: Credit Cards, Crimes Relating To)>
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.26A.090
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.26A. Telecommunications Crime
9.26A.090. Telephone company credit cards--Prohibited acts
Every person who sells, rents, lends, gives, advertises for sale or rental, or publishes the credit card number of an existing, canceled, revoked, expired, or nonexistent telephone company credit card, or the numbering or coding that is employed in the issuance of telephone company credit cards or access devices, with the intent that it be used or with knowledge or reason to believe that it will be used to avoid the payment of any lawful charge, shall be guilty of a gross misdemeanor.
CREDIT(S)
[1990 c 11 § 3; 1974 ex.s. c 160 § 1.]
<(Formerly: Credit Cards, Crimes Relating To)>
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.26A.100
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.26A. Telecommunications Crime
9.26A.100. Definitions
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) “Access device” shall have the same meaning as that contained in RCW 9A.56.010.
(2) “Computer” means an electronic, magnetic, optical, electrochemical, or other high speed data processing device performing logical, arithmetic, or storage functions, and includes any data storage facility or communications facility directly related to or operating in conjunction with such device, but does not mean an automated typewriter or typesetter, portable hand held calculator, or other similar device.
(3) “Computer trespass” shall have the same meaning as that contained in chapter 9A.52 RCW.
(4) “Credit card number” means the card number or coding appearing on a credit card or other form of authorization, including an identification card or plate issued to a person by any telecommunications provider that permits the person to whom it has been issued to obtain telecommunications service on credit. The term includes the number or description of the card or plate, even if the card or plate itself is not produced at the time the telecommunications service is obtained.
(5) “Publish” means the communication or dissemination of information to any one or more persons: (a) Orally, in person, or by telephone, radio, or television; (b) in a writing of any kind, including without limitation a letter or memorandum, circular or handbill, newspaper or magazine article, or book; or (c) electronically, including by the use of recordings, computer networks, bulletin boards, or other means of electronic storage and retrieval.
(6) “Telecommunications” shall have the same meaning as that contained in RCW 80.04.010 and includes telecommunications service that originates, terminates, or both originates and terminates in this state.
(7) “Telecommunications company” shall have the same meaning as that contained in RCW 80.04.010.
(8) “Telecommunications device” means any operating procedure or code, instrument, apparatus, or equipment designed or adapted for a particular use, and which is intended or can be used in violation of this chapter, and includes, but is not limited to, computer hardware, software, and programs; electronic mail system; voice mail system; private branch exchange; or any other means of facilitating telecommunications service.
(9) “Telephone company” means any local exchange company, as defined in RCW 80.04.010.
CREDIT(S)
[1990 c 11 § 1.]
<(Formerly: Credit Cards, Crimes Relating To)>
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.26A.110
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.26A. Telecommunications Crime
9.26A.110. Fraud in obtaining telecommunications service--Penalty
(1) Every person who, with intent to evade the provisions of any order or rule of the Washington utilities and transportation commission or of any tariff, price list, contract, or any other filing lawfully submitted to the commission by any telephone, telegraph, or telecommunications company, or with intent to defraud, obtains telephone, telegraph, or telecommunications service from any telephone, telegraph, or telecommunications company through: (a) The use of a false or fictitious name or telephone number; (b) the unauthorized use of the name or telephone number of another; (c) the physical or electronic installation of, rearrangement of, or tampering with any equipment, or use of a telecommunications device; (d) the commission of computer trespass; or (e) any other trick, deceit, or fraudulent device, is guilty of a misdemeanor.
(2) If the value of the telephone, telegraph, or telecommunications service that any person obtains in violation of this section during a period of ninety days exceeds fifty dollars in the aggregate, then such person is guilty of a gross misdemeanor.
(3) If the value of the telephone, telegraph, or telecommunications service that any person obtains in violation of this section during a period of ninety days exceeds two hundred fifty dollars in the aggregate, then such person is guilty of a class C felony punishable according to chapter 9A.20 RCW.
(4) For any act that constitutes a violation of both this section and RCW 9.26A.115 the provisions of RCW 9.26A.115 shall be exclusive.
CREDIT(S)
[2003 c 53 § 20, eff. July 1, 2004; 1990 c 11 § 2; 1981 c 252 § 1; 1977 ex.s. c 42 § 1; 1974 ex.s. c 160 § 2; 1972 ex.s. c 75 § 1; 1955 c 114 § 1. Formerly RCW 9.45.240.]
<(Formerly: Credit Cards, Crimes Relating To)>
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.26A.115
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.26A. Telecommunications Crime
9.26A.115. Fraud in obtaining telecommunications service--Use of telecommunications device--Penalty
Every person is guilty of a class B felony punishable according to chapter 9A.20 RCW who:
(1) Makes, possesses, sells, gives, or otherwise transfers to another a telecommunications device with intent to use it or with knowledge or reason to believe it is intended to be used to avoid any lawful telephone or telegraph toll charge or to conceal the existence or place of origin or destination of any telephone or telegraph message; or
(2) Sells, gives, or otherwise transfers to another plans or instructions for making or assembling a telecommunications device described in subsection (1) of this section with knowledge or reason to believe that the plans may be used to make or assemble such device.
CREDIT(S)
[2003 c 53 § 21, eff. July 1, 2004.]
<(Formerly: Credit Cards, Crimes Relating To)>
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.26A.120
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.26A. Telecommunications Crime
9.26A.120. Fraud in operating coin-box telephone or other receptacle
Any person who shall knowingly and wilfully operate, or cause to be operated, or who shall attempt to operate, or attempt to cause to be operated, [any] coin-box telephone or other receptacle designed to receive lawful coin of the United States of America in connection with the sale, use or enjoyment of property or service, by means of a slug or any false, counterfeited, mutilated, sweated or foreign coin, or by any means, method, trick or device whatsoever not lawfully authorized by the owner, lessee, or licensee of such machine, coin-box telephone or other receptacle designed to receive lawful coin of the United States of America in connection with the sale, use or enjoyment of property or service, any goods, wares, merchandise, gas, electric current, article of value, or the use or enjoyment of any telephone or telegraph facilities or service without depositing in and surrendering to such machine, coin-box telephone or receptacle lawful coin of the United States of America to the amount required therefor by the owner, lessee or licensee of such machine, coin-box telephone or receptacle, shall be guilty of a misdemeanor.
CREDIT(S)
[1929 c 184 § 1; RRS § 5842-1. Formerly RCW 9.45.180.]
<(Formerly: Credit Cards, Crimes Relating To)>
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.26A.130
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.26A. Telecommunications Crime
9.26A.130. Penalty for manufacture or sale of slugs to be used for coin
Any person who, with intent to cheat or defraud the owner, lessee, licensee or other person entitled to the contents of any coin-box telephone or other receptacle, depository or contrivance, designed to receive lawful coin of the United States of America in connection with the sale, use or enjoyment of property or service, or who, knowing or having cause to believe, that the same is intended for unlawful use, shall manufacture for sale, or sell or give away any slug, device, or substance whatsoever intended or calculated to be placed or deposited in any coin-box telephone or other such receptacle, depository or contrivance, shall be guilty of a misdemeanor.
CREDIT(S)
[1929 c 184 § 2; RRS § 5842-2. Formerly RCW 9.45.190.]
<(Formerly: Credit Cards, Crimes Relating To)>
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.26A.140
Effective: June 7, 2006
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.26A. Telecommunications Crime
9.26A.140. Unauthorized sale or procurement of telephone records--Penalties--Definitions
(1) A person is guilty of the unauthorized sale or procurement of telephone records if the person:
(a) Intentionally sells the telephone record of any resident of this state without the authorization of the customer to whom the record pertains;
(b) By fraudulent, deceptive, or false means obtains the telephone record of any resident of this state to whom the record pertains;
(c) Knowingly purchases the telephone record of any resident of this state without the authorization of the customer to whom the record pertains; or
(d) Knowingly receives the telephone record of any resident of this state without the authorization of the customer to whom the record pertains.
(2) This section does not apply to:
(a) Any action by a government agency, or any officer, employee, or agent of such agency, to obtain telephone records in connection with the performance of the official duties of the agency;
(b) A telecommunications company that obtains, uses, discloses, or permits access to any telephone record, either directly or indirectly through its agents, that is:
(i) With the lawful consent of the customer or subscriber;
(ii) Authorized by law;
(iii) Necessarily incident to the rendition of the service or to the protection of the rights or property of the provider of that service, or to protect users of those services and other carriers from fraudulent, abusive, or unlawful use of, or subscription to, such services; or
(iv) In connection with the sale or transfer of all or part of its business, or the purchase or acquisition of a portion or all of a business, or the migration of a customer from one carrier to another.
(3) A violation of subsection (1)(a), (b), or (c) of this section is a class C felony. A violation of subsection (1)(d) of this section is a gross misdemeanor.
(4) A person who violates this section is subject to legal action for injunctive relief and either actual damages, including mental pain and suffering, or liquidated damages of five thousand dollars per violation, whichever is greater. Reasonable attorneys' fees and other costs of litigation are also recoverable.
(5) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
(a) “Telecommunications company” has the meaning provided in RCW 9.26A.100 and includes “radio communications service companies” as defined in RCW 80.04.010.
(b) “Telephone record” means information retained by a telecommunications company that relates to the telephone number dialed by the customer or the incoming number or call directed to a customer, or other data related to such calls typically contained on a customer telephone bill such as the time the call started and ended, the duration of the call, the time of day the call was made, and any charges applied. “Telephone record” does not include any information collected and retained by customers using caller identification or other similar technologies.
(c) “Procure” means to obtain by any means, whether electronically, in writing, or in oral form, with or without consideration.
CREDIT(S)
[2006 c 193 § 1, eff. June 7, 2006.]
<(Formerly: Credit Cards, Crimes Relating To)>
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.26A.900
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.26A. Telecommunications Crime
9.26A.900. Severability--1990 c 11
If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
CREDIT(S)
[1990 c 11 § 6.]
<(Formerly: Credit Cards, Crimes Relating To)>
Current with 2013 Legislation effective through June 7, 2013
West's RCWA T. 9, Ch. 9.27, Refs & Annos
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments
Chapter 9.27. Interference with Court
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.27.010
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.27. Interference with Court (Refs & Annos)
9.27.010. Repealed by Laws 1975, 1st Ex.Sess., ch. 260, § 9A.92.010, eff. July 1, 1976
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.27.015
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.27. Interference with Court (Refs & Annos)
9.27.015. Interference, obstruction of any court, building, or residence--Violations
Whoever, interfering with, obstructing, or impeding the administration of justice, pickets or parades in or near a building housing a court of the state of Washington or any political subdivision thereof, or in or near a building or residence occupied or used by such judge, juror, witness, or court officer, or uses any sound-truck or similar device or resorts to any other demonstration in or near any such building or residence, shall be guilty of a gross misdemeanor.
Nothing in this section shall interfere with or prevent the exercise by any court of the state of Washington or any political subdivision thereof of its power to punish for contempt.
CREDIT(S)
[1971 ex.s. c 302 § 16.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.27.020
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.27. Interference with Court (Refs & Annos)
9.27.020 to 9.27.100. Repealed by Laws 1975, 1st Ex.Sess., ch. 260, § 9A.92.010, eff. July 1, 1976
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.27.100
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.27. Interference with Court (Refs & Annos)
9.27.020 to 9.27.100. Repealed by Laws 1975, 1st Ex.Sess., ch. 260, § 9A.92.010, eff. July 1, 1976
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.30.010
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.30. Duelling [Repealed]
9.30.010 to 9.30.050. Repealed by Laws 1975, 1st Ex.Sess., ch. 260, § 9A.92.010, eff. July 1, 1976
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.30.050
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.30. Duelling [Repealed]
9.30.010 to 9.30.050. Repealed by Laws 1975, 1st Ex.Sess., ch. 260, § 9A.92.010, eff. July 1, 1976
Current with 2013 Legislation effective through June 7, 2013
West's RCWA T. 9, Ch. 9.31, Refs & Annos
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments
Chapter 9.31. Escaped Prisoner Recaptured
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.31.005
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.31. Escaped Prisoner Recaptured (Refs & Annos)
9.31.005 to 9.31.080. Repealed by Laws 1975, 1st Ex.Sess., ch. 260, § 9A.92.010, eff. July 1, 1976
<(Formerly: Escape)>
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.31.080
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.31. Escaped Prisoner Recaptured (Refs & Annos)
9.31.005 to 9.31.080. Repealed by Laws 1975, 1st Ex.Sess., ch. 260, § 9A.92.010, eff. July 1, 1976
<(Formerly: Escape)>
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.31.090
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.31. Escaped Prisoner Recaptured (Refs & Annos)
9.31.090. Escaped prisoner recaptured
Every person in custody, under sentence of imprisonment for any crime, who shall escape from custody, may be recaptured and imprisoned for a term equal to the unexpired portion of the original term.
CREDIT(S)
[1909 c 249 § 89; RRS § 2341.]
<(Formerly: Escape)>
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.31.100
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.31. Escaped Prisoner Recaptured (Refs & Annos)
9.31.100. Repealed by Laws 1975, 1st Ex.Sess., ch. 260, § 9A.92.010, eff. July 1, 1976
<(Formerly: Escape)>
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.33.010
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.33. Extortion, Blackmail and Coercion [Repealed; Recodified]
9.33.010, 9.33.020. Repealed by Laws 1975, 1st Ex.Sess., ch. 260, § 9A.92.010, eff. July 1, 1976
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.33.020
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.33. Extortion, Blackmail and Coercion [Repealed; Recodified]
9.33.010, 9.33.020. Repealed by Laws 1975, 1st Ex.Sess., ch. 260, § 9A.92.010, eff. July 1, 1976
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.33.030
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.33. Extortion, Blackmail and Coercion [Repealed; Recodified]
9.33.030. Recodified as § 9.33.020
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.33.040
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.33. Extortion, Blackmail and Coercion [Repealed; Recodified]
9.33.040 to 9.33.070. Repealed by Laws 1975, 1st Ex.Sess., ch. 260, § 9A.92.010, eff. July 1, 1976
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.33.070
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.33. Extortion, Blackmail and Coercion [Repealed; Recodified]
9.33.040 to 9.33.070. Repealed by Laws 1975, 1st Ex.Sess., ch. 260, § 9A.92.010, eff. July 1, 1976
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.34.010
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.34. False Personation [Repealed]
9.34.010, 9.34.020. Repealed by Laws 1975, 1st Ex.Sess., ch. 260, § 9A.92.010, eff. July 1, 1976
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.34.020
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.34. False Personation [Repealed]
9.34.010, 9.34.020. Repealed by Laws 1975, 1st Ex.Sess., ch. 260, § 9A.92.010, eff. July 1, 1976
Current with 2013 Legislation effective through June 7, 2013
West's RCWA T. 9, Ch. 9.35, Refs & Annos
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments
Chapter 9.35. Identity Crimes
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.35.001
Effective: June 12, 2008
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.35. Identity Crimes (Refs & Annos)
9.35.001. Findings--Intent
The legislature finds that means of identification and financial information are personal and sensitive information such that if unlawfully obtained, possessed, used, or transferred by others may result in significant harm to a person's privacy, financial security, and other interests. The legislature finds that unscrupulous persons find ever more clever ways, including identity theft, to improperly obtain , possess, use, and transfer another person's means of identification or financial information. The legislature intends to penalize for each unlawful act of improperly obtaining, possessing, using, or transferring means of identification or financial information of an individual person. The unit of prosecution for identity theft by use of a means of identification or financial information is each individual unlawful use of any one person's means of identification or financial information. Unlawfully obtaining, possessing, or transferring each means of identification or financial information of any individual person, with the requisite intent, is a separate unit of prosecution for each victim and for each act of obtaining, possessing, or transferring of the individual person's means of identification or financial information.
CREDIT(S)
[2008 c 207 § 3, eff. June 12, 2008; 1999 c 368 § 1.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.35.005
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.35. Identity Crimes (Refs & Annos)
9.35.005. Definitions
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) “Financial information” means any of the following information identifiable to the individual that concerns the amount and conditions of an individual's assets, liabilities, or credit:
(a) Account numbers and balances;
(b) Transactional information concerning an account; and
(c) Codes, passwords, social security numbers, tax identification numbers, driver's license or permit numbers, state identicard numbers issued by the department of licensing, and other information held for the purpose of account access or transaction initiation.
(2) “Financial information repository” means a person engaged in the business of providing services to customers who have a credit, deposit, trust, stock, or other financial account or relationship with the person.
(3) “Means of identification” means information or an item that is not describing finances or credit but is personal to or identifiable with an individual or other person, including: A current or former name of the person, telephone number, an electronic address, or identifier of the individual or a member of his or her family, including the ancestor of the person; information relating to a change in name, address, telephone number, or electronic address or identifier of the individual or his or her family; a social security, driver's license, or tax identification number of the individual or a member of his or her family; and other information that could be used to identify the person, including unique biometric data.
(4) “Person” means a person as defined in RCW 9A.04.110.
(5) “Victim” means a person whose means of identification or financial information has been used or transferred with the intent to commit, or to aid or abet, any unlawful activity.
CREDIT(S)
[2001 c 217 § 1.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.35.010
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.35. Identity Crimes (Refs & Annos)
9.35.010. Improperly obtaining financial information
(1) No person may obtain or attempt to obtain, or cause to be disclosed or attempt to cause to be disclosed to any person, financial information from a financial information repository, financial services provider, merchant, corporation, trust, partnership, or unincorporated association:
(a) By knowingly making a false, fictitious, or fraudulent statement or representation to an officer, employee, or agent of a financial information repository with the intent to deceive the officer, employee, or agent into relying on that statement or representation for purposes of releasing the financial information;
(b) By knowingly making a false, fictitious, or fraudulent statement or representation to a customer of a financial information repository, financial services provider, merchant, corporation, trust, partnership, or unincorporated association with the intent to deceive the customer into releasing financial information or authorizing the release of such information;
(c) By knowingly providing any document to an officer, employee, or agent of a financial information repository, financial services provider, merchant, corporation, trust, partnership, or unincorporated association, knowing that the document is forged, counterfeit, lost, or stolen; was fraudulently obtained; or contains a false, fictitious, or fraudulent statement or representation, if the document is provided with the intent to deceive the officer, employee, or agent to release the financial information.
(2) No person may request another person to obtain financial information from a financial information repository, financial services provider, merchant, corporation, trust, partnership, or unincorporated association and knows or should have known that the person will obtain or attempt to obtain the information from the financial institution repository, financial services provider, merchant, corporation, trust, partnership, or unincorporated association in any manner described in subsection (1) of this section.
(3) No provision of this section shall be construed so as to prevent any action by a law enforcement agency, or any officer, employee, or agent of such agency, or any action of an agent of the financial information repository, financial services provider, merchant, corporation, trust, partnership, or unincorporated association when working in conjunction with a law enforcement agency.
(4) This section does not apply to:
(a) Efforts by the financial information repository to test security procedures or systems of the financial institution repository for maintaining the confidentiality of customer information;
(b) Investigation of alleged employee misconduct or negligence; or
(c) Efforts to recover financial or personal information of the financial institution obtained or received by another person in any manner described in subsection (1) or (2) of this section.
(5) Violation of this section is a class C felony.
(6) A person who violates this section is liable for five hundred dollars or actual damages, whichever is greater, and reasonable attorneys' fees.
CREDIT(S)
[2001 c 217 § 8; 1999 c 368 § 2.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.35.020
Effective: June 12, 2008
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.35. Identity Crimes (Refs & Annos)
9.35.020. Identity theft
(1) No person may knowingly obtain, possess, use, or transfer a means of identification or financial information of another person, living or dead, with the intent to commit, or to aid or abet, any crime.
(2) Violation of this section when the accused or an accomplice violates subsection (1) of this section and obtains credit, money, goods, services, or anything else of value in excess of one thousand five hundred dollars in value shall constitute identity theft in the first degree. Identity theft in the first degree is a class B felony punishable according to chapter 9A.20 RCW.
(3) A person is guilty of identity theft in the second degree when he or she violates subsection (1) of this section under circumstances not amounting to identity theft in the first degree. Identity theft in the second degree is a class C felony punishable according to chapter 9A.20 RCW.
(4) Each crime prosecuted under this section shall be punished separately under chapter 9.94A RCW, unless it is the same criminal conduct as any other crime, under RCW 9.94A.589.
(5) Whenever any series of transactions involving a single person's means of identification or financial information which constitute identity theft would, when considered separately, constitute identity theft in the second degree because of value, and the series of transactions are a part of a common scheme or plan, then 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 the degree of identity theft involved.
(6) Every person who, in the commission of identity theft, shall commit any other crime may be punished therefor as well as for the identity theft, and may be prosecuted for each crime separately.
(7) A person who violates this section is liable for civil damages of one thousand dollars or actual damages, whichever is greater, including costs to repair the victim's credit record, and reasonable attorneys' fees as determined by the court.
(8) In a proceeding under this section, the crime will be considered to have been committed in any locality where the person whose means of identification or financial information was appropriated resides, or in which any part of the offense took place, regardless of whether the defendant was ever actually in that locality.
(9) The provisions of this section do not apply to any person who obtains another person's driver's license or other form of identification for the sole purpose of misrepresenting his or her age.
(10) In a proceeding under this section in which a person's means of identification or financial information was used without that person's authorization, and when there has been a conviction, the sentencing court may issue such orders as are necessary to correct a public record that contains false information resulting from a violation of this section.
CREDIT(S)
[2008 c 207 § 4, eff. June 12, 2008; 2004 c 273 § 2, eff. July 1, 2004; 2003 c 53 § 22, eff. July 1, 2004; 2001 c 217 § 9; 1999 c 368 § 3.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.35.030
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.35. Identity Crimes (Refs & Annos)
9.35.030. Soliciting undesired mail
(1) It is unlawful for any person to knowingly use a means of identification or financial information of another person to solicit undesired mail with the intent to annoy, harass, intimidate, torment, or embarrass that person.
(2) Violation of this section is a misdemeanor.
(3) Additionally, a person who violates this section is liable for civil damages of five hundred dollars or actual damages, including costs to repair the person's credit record, whichever is greater, and reasonable attorneys' fees as determined by the court.
CREDIT(S)
[2001 c 217 § 10; 2000 c 77 § 1.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.35.040
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.35. Identity Crimes (Refs & Annos)
9.35.040. Information available to victim
(1) A person, financial information repository, financial service provider, merchant, corporation, trust, partnership, or unincorporated association possessing information relating to an actual or potential violation of this chapter, and who may have entered into a transaction, provided credit, products, goods, or services, accepted payment, or otherwise done business with a person who has used the victim's means of identification, must, upon written request of the victim, provide copies of all relevant application and transaction information related to the transaction being alleged as a potential or actual violation of this chapter. Nothing in this section requires the information provider to disclose information that it is otherwise prohibited from disclosing by law, except that a law that prohibits disclosing a person's information to third parties shall not be used to deny disclosure of such information to the victim under this section.
(2) Unless the information provider is otherwise willing to verify the victim's identification, the victim shall provide the following as proof of positive identification:
(a) The showing of a government-issued photo identification card or, if providing proof by mail, a copy of a government-issued photo identification card;
(b) A copy of a filed police report evidencing the victim's claim; and
(c) A written statement from the state patrol showing that the state patrol has on file documentation of the victim's identity pursuant to the personal identification procedures in RCW 43.43.760.
(3) The provider may require compensation for the reasonable cost of providing the information requested.
(4) No person, financial information repository, financial service provider, merchant, corporation, trust, partnership, or unincorporated association may be held liable for an action taken in good faith to provide information regarding potential or actual violations of this chapter to other financial information repositories, financial service providers, merchants, law enforcement authorities, victims, or any persons alleging to be a victim who comply with subsection (2) of this section which evidences the alleged victim's claim for the purpose of identification and prosecution of violators of this chapter, or to assist a victim in recovery of fines, restitution, rehabilitation of the victim's credit, or such other relief as may be appropriate.
(5) A person, financial information repository, financial service provider, merchant, corporation, trust, partnership, or unincorporated association may decline to provide information pursuant to this section when, in the exercise of good faith and reasonable judgment, it believes this section does not require disclosure of the information.
(6) Nothing in this section creates an obligation on the part of a person, financial information repository, financial services provider, merchant, corporation, trust, partnership, or unincorporated association to retain or maintain information or records that they are not otherwise required to retain or maintain in the ordinary course of its business.
(7) The legislature finds that the practices covered by this section are matters vitally affecting the public interest for the purpose of applying the Consumer Protection Act, chapter 19.86 RCW. Violations of this section are not reasonable in relation to the development and preservation of business. It is an unfair or deceptive act in trade or commerce and an unfair method of competition for the purpose of applying the Consumer Protection Act, chapter 19.86 RCW. The burden of proof in an action alleging a violation of this section shall be by a preponderance of the evidence, and the applicable statute of limitation shall be as set forth in RCW 19.182.120. For purposes of a judgment awarded pursuant to an action by a consumer under chapter 19.86 RCW, the consumer shall be awarded actual damages. However, where there has been willful failure to comply with any requirement imposed under this section, the consumer shall be awarded actual damages, a monetary penalty of one thousand dollars, and the costs of the action together with reasonable attorneys' fees as determined by the court.
CREDIT(S)
[2001 c 217 § 2.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.35.050
Effective: June 12, 2008
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.35. Identity Crimes (Refs & Annos)
9.35.050. Incident reports
(1) A person who has learned or reasonably suspects that his or her financial information or means of identification has been unlawfully obtained, used by, or disclosed to another, as described in this chapter, may file an incident report with a law enforcement agency, by contacting the local law enforcement agency that has jurisdiction over his or her actual residence, place of business, or place where the crime occurred. The law enforcement agency shall create a police incident report of the matter and provide the complainant with a copy of that report, and may refer the incident report to another law enforcement agency.
(2) Nothing in this section shall be construed to require a law enforcement agency to investigate reports claiming identity theft. An incident report filed under this section is not required to be counted as an open case for purposes of compiling open case statistics.
CREDIT(S)
[2008 c 207 § 2, eff. June 12, 2008.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.35.800
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.35. Identity Crimes (Refs & Annos)
9.35.800. Application of Consumer Protection Act
The legislature finds that the practices covered by RCW 9.35.010 and 9.35.020 are matters vitally affecting the public interest for the purpose of applying the Consumer Protection Act, chapter 19.86 RCW. Violations of RCW 9.35.010 or 9.35.020 are not reasonable in relation to the development and preservation of business. A violation of RCW 9.35.010 or 9.35.020 is an unfair or deceptive act in trade or commerce and an unfair method of competition for the purpose of applying the Consumer Protection Act, chapter 19.86 RCW.
Nothing in RCW 9.35.010 or 9.35.020 limits a victim's ability to receive treble damages under RCW 19.86.090.
CREDIT(S)
[2001 c 217 § 7.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.35.900
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.35. Identity Crimes (Refs & Annos)
9.35.900. Effective date--1999 c 368
This act takes effect January 1, 2000.
CREDIT(S)
[1999 c 368 § 4.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.35.901
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.35. Identity Crimes (Refs & Annos)
9.35.901. Captions not law--1999 c 368
Captions used in this chapter are not part of the law.
CREDIT(S)
[1999 c 368 § 5.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.35.902
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.35. Identity Crimes (Refs & Annos)
9.35.902. Severability--1999 c 368
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.
CREDIT(S)
[1999 c 368 § 6.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.37.010
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.37. False Pretenses [Repealed; Recodified]
9.37.010 to 9.37.060. Repealed by Laws 1975, 1st Ex.Sess., ch. 260, § 9A.92.010, eff. July 1, 1976
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.37.060
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.37. False Pretenses [Repealed; Recodified]
9.37.010 to 9.37.060. Repealed by Laws 1975, 1st Ex.Sess., ch. 260, § 9A.92.010, eff. July 1, 1976
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.37.070
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.37. False Pretenses [Repealed; Recodified]
9.37.070. Recodified as § 9.24.020
Current with 2013 Legislation effective through June 7, 2013
West's RCWA T. 9, Ch. 9.38, Refs & Annos
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments
Chapter 9.38. False Representations
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.38.010
Effective: July 22, 2011
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.38. False Representations (Refs & Annos)
9.38.010. False representation concerning credit
Every person who, with intent thereby to obtain credit or financial rating, shall willfully make any false statement in writing of his or her assets or liabilities to any person with whom he or she may be either actually or prospectively engaged in any business transaction or to any commercial agency or other person engaged in the business of collecting or disseminating information concerning financial or commercial ratings, shall be guilty of a misdemeanor.
CREDIT(S)
[2011 c 336 § 296, eff. July 22, 2011; 1909 c 249 § 368; RRS § 2620.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.38.015
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.38. False Representations (Refs & Annos)
9.38.015. False statement by deposit account applicant
(1) It is a gross misdemeanor for a deposit account applicant to knowingly make any false statement to a financial institution regarding:
(a) The applicant's identity;
(b) Past convictions for crimes involving fraud or deception; or
(c) Outstanding judgments on checks or drafts issued by the applicant.
(2) Each violation of subsection (1) of this section after the third violation is a class C felony punishable as provided in chapter 9A.20 RCW.
CREDIT(S)
[1995 c 186 § 4.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.38.020
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.38. False Representations (Refs & Annos)
9.38.020. False representation concerning title
Every person who shall maliciously or fraudulently execute or file for record any instrument, or put forward any claim, by which the right or title of another to any real or personal property is, or purports to be transferred, encumbered or clouded, shall be guilty of a gross misdemeanor.
CREDIT(S)
[2000 c 250 § 9A-821; 1909 c 249 § 369; RRS § 2621.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.38.030
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.38. False Representations (Refs & Annos)
9.38.030. Repealed by Laws 1975, 1st Ex.Sess., ch. 260, § 9A.92.010, eff. July 1, 1976
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.38.040
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.38. False Representations (Refs & Annos)
9.38.040. Recodified as § 9.24.050
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.38.050
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.38. False Representations (Refs & Annos)
9.38.050. Repealed by Laws 1975, 1st Ex.Sess., ch. 260, § 9A.92.010, eff. July 1, 1976
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.38.060
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.38. False Representations (Refs & Annos)
9.38.060. Digital signature violations
(1) A person shall not knowingly misrepresent the person's identity or authorization to obtain a public key certificate used to reference a private key for creating a digital signature.
(2) A person shall not knowingly forge a digital signature as defined in RCW 19.34.020(16).
(3) A person shall not knowingly present a public key certificate for which the person is not the owner of the corresponding private key in order to obtain unauthorized access to information or engage in an unauthorized transaction.
(4) The definitions in RCW 19.34.020 apply to this section.
(5) A person who violates this section is guilty of a class C felony punishable under chapter 9A.20 RCW.
CREDIT(S)
[2001 c 39 § 1.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA T. 9, Ch. 9.40, Refs & Annos
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments
Chapter 9.40. Fire, Crimes Relating to
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.40.010
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.40. Fire, Crimes Relating to (Refs & Annos)
9.40.010 to 9.40.030. Repealed by Laws 1975, 1st Ex.Sess., ch. 260, § 9A.92.010, eff. July 1, 1976
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.40.030
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.40. Fire, Crimes Relating to (Refs & Annos)
9.40.010 to 9.40.030. Repealed by Laws 1975, 1st Ex.Sess., ch. 260, § 9A.92.010, eff. July 1, 1976
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.40.040
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.40. Fire, Crimes Relating to (Refs & Annos)
9.40.040. Operating engine or boiler without spark arrester
Every person who shall operate or permit to be operated in dangerous proximity to any brush, grass or other inflammable material, any spark-emitting engine or boiler which is not equipped with a modern spark-arrester, in good condition, shall be guilty of a misdemeanor.
CREDIT(S)
[1929 c 172 § 1; 1909 c 249 § 272; RRS § 2524.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.40.050
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.40. Fire, Crimes Relating to (Refs & Annos)
9.40.050 to 9.40.080. Repealed by Laws 1975, 1st Ex.Sess., ch. 260, § 9A.92.010, eff. July 1, 1976
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.40.080
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.40. Fire, Crimes Relating to (Refs & Annos)
9.40.050 to 9.40.080. Repealed by Laws 1975, 1st Ex.Sess., ch. 260, § 9A.92.010, eff. July 1, 1976
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.40.090
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.40. Fire, Crimes Relating to (Refs & Annos)
9.40.090. Recodified as § 76.04.395
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.40.100
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.40. Fire, Crimes Relating to (Refs & Annos)
9.40.100. Tampering with fire alarm or firefighting equipment--False alarm--Penalties
Any person who willfully and without cause tampers with, molests, injures or breaks any public or private fire alarm apparatus, emergency phone, radio, or other wire or signal, or any firefighting equipment, or who willfully and without having reasonable grounds for believing a fire exists, sends, gives, transmits, or sounds any false alarm of fire, by shouting in a public place or by means of any public or private fire alarm system or signal, or by telephone, is guilty of a misdemeanor. This provision shall not prohibit the testing of fire alarm systems by persons authorized to do so, by a fire department or the chief of the Washington state patrol, through the director of fire protection.
CREDIT(S)
[2003 c 53 § 23, eff. July 1, 2004; 1995 c 369 § 3; 1990 c 177 § 1; 1986 c 266 § 80; 1967 c 204 § 1.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.40.105
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.40. Fire, Crimes Relating to (Refs & Annos)
9.40.105. Tampering with fire alarm or firefighting equipment--Intent to commit arson--Penalty
Any person who willfully and without cause tampers with, molests, injures, or breaks any public or private fire alarm apparatus, emergency phone, radio, or other wire or signal, or any firefighting equipment with the intent to commit arson, is guilty of a class B felony punishable according to chapter 9A.20 RCW.
CREDIT(S)
[2003 c 53 § 24, eff. July 1, 2004.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.40.110
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.40. Fire, Crimes Relating to (Refs & Annos)
9.40.110. Incendiary devices--Definitions
For the purposes of RCW 9.40.110 through 9.40.130, as now or hereafter amended, unless the context indicates otherwise:
(1) “Disposes of” means to give, give away, loan, offer, offer for sale, sell, or transfer.
(2)
“Incendiary device” means any material, substance, device, or combination
thereof which is capable of supplying the initial ignition and/
CREDIT(S)
[1971 ex.s. c 302 § 3; 1969 ex.s. c 79 § 2.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.40.120
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.40. Fire, Crimes Relating to (Refs & Annos)
9.40.120. Incendiary devices--Penalty
Every person who possesses, manufactures, or disposes of an incendiary device knowing it to be such is guilty of a class B felony punishable according to chapter 9A.20 RCW, and upon conviction, shall be punished by imprisonment in a state prison for a term of not more than ten years.
CREDIT(S)
[2003 c 53 § 25, eff. July 1, 2004; 1999 c 352 § 5; 1971 ex.s. c 302 § 4; 1969 ex.s. c 79 § 3.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.40.130
Effective: July 22, 2007
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.40. Fire, Crimes Relating to (Refs & Annos)
9.40.130. Incendiary devices--Exceptions
RCW 9.40.120, as now or hereafter amended, shall not prohibit the authorized use or possession of any material, substance, or device described therein by a member of the armed forces of the United States or by firefighters, or peace officers, nor shall these sections prohibit the use or possession of any material, substance, or device described therein when used solely for scientific research or educational purposes or for any lawful purpose. RCW 9.40.120, as now or hereafter amended, shall not prohibit the manufacture or disposal of an incendiary device for the parties or purposes described in this section.
CREDIT(S)
[2007 c 218 § 62, eff. July 22, 2007; 1971 ex.s. c 302 § 5; 1969 ex.s. c 79 § 4.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA T. 9, Ch. 9.41, Refs & Annos
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments
Chapter 9.41. Firearms and Dangerous Weapons
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.41.010
Effective: July 26, 2009
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.41. Firearms and Dangerous Weapons (Refs & Annos)
9.41.010. Terms defined
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) “Antique firearm” means a firearm or replica of a firearm not designed or redesigned for using rim fire or conventional center fire ignition with fixed ammunition and manufactured in or before 1898, including any matchlock, flintlock, percussion cap, or similar type of ignition system and also any firearm using fixed ammunition manufactured in or before 1898, for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade.
(2) “Barrel length” means the distance from the bolt face of a closed action down the length of the axis of the bore to the crown of the muzzle, or in the case of a barrel with attachments to the end of any legal device permanently attached to the end of the muzzle.
(3) “Crime of violence” means:
(a) Any of the following felonies, as now existing or hereafter amended: Any felony defined under any law as a class A felony or an attempt to commit a class A felony, criminal solicitation of or criminal conspiracy to commit a class A felony, manslaughter in the first degree, manslaughter in the second degree, indecent liberties if committed by forcible compulsion, kidnapping in the second degree, arson in the second degree, assault in the second degree, assault of a child in the second degree, extortion in the first degree, burglary in the second degree, residential burglary, and robbery in the second degree;
(b) Any conviction for a felony offense in effect at any time prior to June 6, 1996, which is comparable to a felony classified as a crime of violence in (a) of this subsection; and
(c) Any federal or out-of-state conviction for an offense comparable to a felony classified as a crime of violence under (a) or (b) of this subsection.
(4) “Dealer” means a person engaged in the business of selling firearms at wholesale or retail who has, or is required to have, a federal firearms license under 18 U.S.C. Sec. 923(a). A person who does not have, and is not required to have, a federal firearms license under 18 U.S.C. Sec. 923(a), is not a dealer if that person makes only occasional sales, exchanges, or purchases of firearms for the enhancement of a personal collection or for a hobby, or sells all or part of his or her personal collection of firearms.
(5) “Family or household member” means “family” or “household member” as used in RCW 10.99.020.
(6) “Felony” means any felony offense under the laws of this state or any federal or out-of-state offense comparable to a felony offense under the laws of this state.
(7) “Firearm” means a weapon or device from which a projectile or projectiles may be fired by an explosive such as gunpowder.
(8) “Law enforcement officer” includes a general authority Washington peace officer as defined in RCW 10.93.020, or a specially commissioned Washington peace officer as defined in RCW 10.93.020. “Law enforcement officer” also includes a limited authority Washington peace officer as defined in RCW 10.93.020 if such officer is duly authorized by his or her employer to carry a concealed pistol.
(9) “Lawful permanent resident” has the same meaning afforded a person “lawfully admitted for permanent residence” in 8 U.S.C. Sec. 1101(a)(20).
(10) “Loaded” means:
(a) There is a cartridge in the chamber of the firearm;
(b) Cartridges are in a clip that is locked in place in the firearm;
(c) There is a cartridge in the cylinder of the firearm, if the firearm is a revolver;
(d) There is a cartridge in the tube or magazine that is inserted in the action; or
(e) There is a ball in the barrel and the firearm is capped or primed if the firearm is a muzzle loader.
(11) “Machine gun” means any firearm known as a machine gun, mechanical rifle, submachine gun, or any other mechanism or instrument not requiring that the trigger be pressed for each shot and having a reservoir clip, disc, drum, belt, or other separable mechanical device for storing, carrying, or supplying ammunition which can be loaded into the firearm, mechanism, or instrument, and fired therefrom at the rate of five or more shots per second.
(12) “Nonimmigrant alien” means a person defined as such in 8 U.S.C. Sec. 1101(a)(15).
(13) “Pistol” means any firearm with a barrel less than sixteen inches in length, or is designed to be held and fired by the use of a single hand.
(14) “Rifle” means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned, made or remade, and intended to use the energy of the explosive in a fixed metallic cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger.
(15) “Sell” refers to the actual approval of the delivery of a firearm in consideration of payment or promise of payment of a certain price in money.
(16) “Serious offense” means any of the following felonies or a felony attempt to commit any of the following felonies, as now existing or hereafter amended:
(a) Any crime of violence;
(b) Any felony violation of the uniform controlled substances act, chapter 69.50 RCW, that is classified as a class B felony or that has a maximum term of imprisonment of at least ten years;
(c) Child molestation in the second degree;
(d) Incest when committed against a child under age fourteen;
(e) Indecent liberties;
(f) Leading organized crime;
(g) Promoting prostitution in the first degree;
(h) Rape in the third degree;
(i) Drive-by shooting;
(j) Sexual exploitation;
(k) Vehicular assault, when caused by the operation or driving of a vehicle by a person while under the influence of intoxicating liquor or any drug or by the operation or driving of a vehicle in a reckless manner;
(l) Vehicular homicide, when proximately caused by the driving of any vehicle by any person while under the influence of intoxicating liquor or any drug as defined by RCW 46.61.502, or by the operation of any vehicle in a reckless manner;
(m) Any other class B felony offense with a finding of sexual motivation, as “sexual motivation” is defined under RCW 9.94A.030;
(n) Any other felony with a deadly weapon verdict under *RCW 9.94A.602; or
(o) Any felony offense in effect at any time prior to June 6, 1996, that is comparable to a serious offense, or any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a serious offense.
(17) “Short-barreled rifle” means a rifle having one or more barrels less than sixteen inches in length and any weapon made from a rifle by any means of modification if such modified weapon has an overall length of less than twenty-six inches.
(18) “Short-barreled shotgun” means a shotgun having one or more barrels less than eighteen inches in length and any weapon made from a shotgun by any means of modification if such modified weapon has an overall length of less than twenty-six inches.
(19) “Shotgun” means a weapon with one or more barrels, designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned, made or remade, and intended to use the energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a number of ball shot or a single projectile for each single pull of the trigger.
CREDIT(S)
[2009 c 216 § 1, eff. July 26, 2009; 2001 c 300 § 2; 1997 c 338 § 46; 1996 c 295 § 1. Prior: 1994 sp.s. c 7 § 401; 1994 c 121 § 1; prior: 1992 c 205 § 117; 1992 c 145 § 5; 1983 c 232 § 1; 1971 ex.s. c 302 § 1; 1961 c 124 § 1; 1935 c 172 § 1; RRS § 2516-1.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.41.020
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.41. Firearms and Dangerous Weapons (Refs & Annos)
9.41.020. Repealed by Laws 1969, Ex.Sess., ch. 175, § 2
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.41.025
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.41. Firearms and Dangerous Weapons (Refs & Annos)
9.41.025. Repealed by Laws 1981, ch. 137, § 38; Laws 1982, ch. 10, § 17; Laws 1983, ch. 2, § 20; and Laws 1984, ch. 209, § 31, all eff. July 1, 1984
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.41.030
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.41. Firearms and Dangerous Weapons (Refs & Annos)
9.41.030. Repealed by Laws 1994, 1st Sp.Sess., ch. 7, § 460, eff. July 1, 1994
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.41.040
Effective: July 22, 2011
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.41. Firearms and Dangerous Weapons (Refs & Annos)
9.41.040. Unlawful possession of firearms--Ownership, possession by certain persons--Restoration of right to possess--Penalties
(1)(a) A person, whether an adult or juvenile, is guilty of the crime of unlawful possession of a firearm in the first degree, if the person owns, has in his or her possession, or has in his or her control any firearm after having previously been convicted or found not guilty by reason of insanity in this state or elsewhere of any serious offense as defined in this chapter.
(b) Unlawful possession of a firearm in the first degree is a class B felony punishable according to chapter 9A.20 RCW.
(2)(a) A person, whether an adult or juvenile, is guilty of the crime of unlawful possession of a firearm in the second degree, if the person does not qualify under subsection (1) of this section for the crime of unlawful possession of a firearm in the first degree and the person owns, has in his or her possession, or has in his or her control any firearm:
(i) After having previously been convicted or found not guilty by reason of insanity in this state or elsewhere of any felony not specifically listed as prohibiting firearm possession under subsection (1) of this section, or any of the following crimes when committed by one family or household member against another, committed on or after July 1, 1993: Assault in the fourth degree, coercion, stalking, reckless endangerment, criminal trespass in the first degree, or violation of the provisions of a protection order or no-contact order restraining the person or excluding the person from a residence (RCW 26.50.060, 26.50.070, 26.50.130, or 10.99.040);
(ii) After having previously been involuntarily committed for mental health treatment under RCW 71.05.240, 71.05.320, 71.34.740, 71.34.750, chapter 10.77 RCW, or equivalent statutes of another jurisdiction, unless his or her right to possess a firearm has been restored as provided in RCW 9.41.047;
(iii)
If the person is under eighteen years of age, except as provided in RCW
9.41.042; and/
(iv) If the person is free on bond or personal recognizance pending trial, appeal, or sentencing for a serious offense as defined in RCW 9.41.010.
(b) Unlawful possession of a firearm in the second degree is a class C felony punishable according to chapter 9A.20 RCW.
(3) Notwithstanding RCW 9.41.047 or any other provisions of law, as used in this chapter, a person has been “convicted”, whether in an adult court or adjudicated in a juvenile court, at such time as a plea of guilty has been accepted, or a verdict of guilty has been filed, notwithstanding the pendency of any future proceedings including but not limited to sentencing or disposition, post-trial or post-factfinding motions, and appeals. Conviction includes a dismissal entered after a period of probation, suspension or deferral of sentence, and also includes equivalent dispositions by courts in jurisdictions other than Washington state. A person shall not be precluded from possession of a firearm if the conviction has been the subject of a pardon, annulment, certificate of rehabilitation, or other equivalent procedure based on a finding of the rehabilitation of the person convicted or the conviction or disposition has been the subject of a pardon, annulment, or other equivalent procedure based on a finding of innocence. Where no record of the court's disposition of the charges can be found, there shall be a rebuttable presumption that the person was not convicted of the charge.
(4)(a)
Notwithstanding subsection (1) or (2) of this section, a person convicted or
found not guilty by reason of insanity of an offense prohibiting the possession
of a firearm under this section other than murder, manslaughter, robbery, rape,
indecent liberties, arson, assault, kidnapping, extortion, burglary, or
violations with respect to controlled substances under RCW 69.50.401 and
69.50.410, who received a probationary sentence under RCW 9.95.200, and who
received a dismissal of the charge under RCW 9.95.240, shall not be precluded
from possession of a firearm as a result of the conviction or finding of not
guilty by reason of insanity. Notwithstanding any other provisions of this
section, if a person is prohibited from possession of a firearm under subsection
(1) or (2) of this section and has not previously been convicted or found not
guilty by reason of insanity of a sex offense prohibiting firearm ownership
under subsection (1) or (2) of this section and/
(i)
Under RCW 9.41.047; and/
(ii)(A) If the conviction or finding of not guilty by reason of insanity was for a felony offense, after five or more consecutive years in the community without being convicted or found not guilty by reason of insanity or currently charged with any felony, gross misdemeanor, or misdemeanor crimes, if the individual has no prior felony convictions that prohibit the possession of a firearm counted as part of the offender score under RCW 9.94A.525; or
(B) If the conviction or finding of not guilty by reason of insanity was for a nonfelony offense, after three or more consecutive years in the community without being convicted or found not guilty by reason of insanity or currently charged with any felony, gross misdemeanor, or misdemeanor crimes, if the individual has no prior felony convictions that prohibit the possession of a firearm counted as part of the offender score under RCW 9.94A.525 and the individual has completed all conditions of the sentence.
(b) An individual may petition a court of record to have his or her right to possess a firearm restored under (a) of this subsection (4) only at:
(i) The court of record that ordered the petitioner's prohibition on possession of a firearm; or
(ii) The superior court in the county in which the petitioner resides.
(5) In addition to any other penalty provided for by law, if a person under the age of eighteen years is found by a court to have possessed a firearm in a vehicle in violation of subsection (1) or (2) of this section or to have committed an offense while armed with a firearm during which offense a motor vehicle served an integral function, the court shall notify the department of licensing within twenty-four hours and the person's privilege to drive shall be revoked under RCW 46.20.265.
(6) Nothing in chapter 129, Laws of 1995 shall ever be construed or interpreted as preventing an offender from being charged and subsequently convicted for the separate felony crimes of theft of a firearm or possession of a stolen firearm, or both, in addition to being charged and subsequently convicted under this section for unlawful possession of a firearm in the first or second degree. Notwithstanding any other law, if the offender is convicted under this section for unlawful possession of a firearm in the first or second degree and for the felony crimes of theft of a firearm or possession of a stolen firearm, or both, then the offender shall serve consecutive sentences for each of the felony crimes of conviction listed in this subsection.
(7) Each firearm unlawfully possessed under this section shall be a separate offense.
CREDIT(S)
[2011 c 193 § 1, eff. July 22, 2011; 2009 c 293 § 1, eff. July 26, 2009; 2005 c 453 § 1, eff. July 24, 2005; 2003 c 53 § 26, eff. July 1, 2004; 1997 c 338 § 47; 1996 c 295 § 2. Prior: 1995 c 129 § 16 (Initiative Measure No. 159); 1994 sp.s. c 7 § 402; prior: 1992 c 205 § 118; 1992 c 168 § 2; 1983 c 232 § 2; 1961 c 124 § 3; 1935 c 172 § 4; RRS § 2516-4.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.41.042
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.41. Firearms and Dangerous Weapons (Refs & Annos)
9.41.042. Children--Permissible firearm possession
RCW 9.41.040(2)(a)(iii) shall not apply to any person under the age of eighteen years who is:
(1) In attendance at a hunter's safety course or a firearms safety course;
(2) Engaging in practice in the use of a firearm or target shooting at an established range authorized by the governing body of the jurisdiction in which such range is located or any other area where the discharge of a firearm is not prohibited;
(3) Engaging in an organized competition involving the use of a firearm, or participating in or practicing for a performance by an organized group that uses firearms as a part of the performance;
(4) Hunting or trapping under a valid license issued to the person under Title 77 RCW;
(5) In an area where the discharge of a firearm is permitted, is not trespassing, and the person either: (a) Is at least fourteen years of age, has been issued a hunter safety certificate, and is using a lawful firearm other than a pistol; or (b) is under the supervision of a parent, guardian, or other adult approved for the purpose by the parent or guardian;
(6) Traveling with any unloaded firearm in the person's possession to or from any activity described in subsection (1), (2), (3), (4), or (5) of this section;
(7) On real property under the control of his or her parent, other relative, or legal guardian and who has the permission of the parent or legal guardian to possess a firearm;
(8) At his or her residence and who, with the permission of his or her parent or legal guardian, possesses a firearm for the purpose of exercising the rights specified in RCW 9A.16.020(3); or
(9) Is a member of the armed forces of the United States, national guard, or organized reserves, when on duty.
CREDIT(S)
[2003 c 53 § 27, eff. July 1, 2004; 1999 c 143 § 2; 1994 sp.s. c 7 § 403.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.41.045
Effective: August 1, 2009
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.41. Firearms and Dangerous Weapons (Refs & Annos)
9.41.045. Possession by offenders
As a sentence condition and requirement, offenders under the supervision of the department of corrections pursuant to chapter 9.94A RCW shall not own, use, or possess firearms or ammunition. In addition to any penalty imposed pursuant to RCW 9.41.040 when applicable, offenders found to be in actual or constructive possession of firearms or ammunition shall be subject to the appropriate violation process and sanctions as provided for in RCW 9.94A.633, 9.94A.716, or 9.94A.737. Firearms or ammunition owned, used, or possessed by offenders may be confiscated by community corrections officers and turned over to the Washington state patrol for disposal as provided in RCW 9.41.098.
CREDIT(S)
[2009 c 28 § 2, eff. Aug. 1, 2009; 1991 c 221 § 1.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.41.047
Effective: July 22, 2011
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.41. Firearms and Dangerous Weapons (Refs & Annos)
9.41.047. Restoration of possession rights
(1)(a) At the time a person is convicted or found not guilty by reason of insanity of an offense making the person ineligible to possess a firearm, or at the time a person is committed by court order under RCW 71.05.240, 71.05.320, 71.34.740, 71.34.750, or chapter 10.77 RCW for mental health treatment, the convicting or committing court shall notify the person, orally and in writing, that the person must immediately surrender any concealed pistol license and that the person may not possess a firearm unless his or her right to do so is restored by a court of record. For purposes of this section a convicting court includes a court in which a person has been found not guilty by reason of insanity.
(b) The convicting or committing court shall forward within three judicial days after conviction or entry of the commitment order a copy of the person's driver's license or identicard, or comparable information, along with the date of conviction or commitment, to the department of licensing. When a person is committed by court order under RCW 71.05.240, 71.05.320, 71.34.740, 71.34.750, or chapter 10.77 RCW, for mental health treatment, the committing court also shall forward, within three judicial days after entry of the commitment order, a copy of the person's driver's license, or comparable information, along with the date of commitment, to the national instant criminal background check system index, denied persons file, created by the federal Brady handgun violence prevention act (P.L. 103-159).
(2) Upon receipt of the information provided for by subsection (1) of this section, the department of licensing shall determine if the convicted or committed person has a concealed pistol license. If the person does have a concealed pistol license, the department of licensing shall immediately notify the license-issuing authority which, upon receipt of such notification, shall immediately revoke the license.
(3)(a) A person who is prohibited from possessing a firearm, by reason of having been involuntarily committed for mental health treatment under RCW 71.05.240, 71.05.320, 71.34.740, 71.34.750, chapter 10.77 RCW, or equivalent statutes of another jurisdiction may, upon discharge, petition the superior court to have his or her right to possess a firearm restored.
(b) The petition must be brought in the superior court that ordered the involuntary commitment or the superior court of the county in which the petitioner resides.
(c) Except as provided in (d) of this subsection, the court shall restore the petitioner's right to possess a firearm if the petitioner proves by a preponderance of the evidence that:
(i) The petitioner is no longer required to participate in court-ordered inpatient or outpatient treatment;
(ii) The petitioner has successfully managed the condition related to the commitment;
(iii) The petitioner no longer presents a substantial danger to himself or herself, or the public; and
(iv) The symptoms related to the commitment are not reasonably likely to recur.
(d) If a preponderance of the evidence in the record supports a finding that the person petitioning the court has engaged in violence and that it is more likely than not that the person will engage in violence after his or her right to possess a firearm is restored, the person shall bear the burden of proving by clear, cogent, and convincing evidence that he or she does not present a substantial danger to the safety of others.
(e) When a person's right to possess a firearm has been restored under this subsection, the court shall forward, within three judicial days after entry of the restoration order, notification that the person's right to possess a firearm has been restored to the department of licensing, the department of social and health services, and the national instant criminal background check system index, denied persons file.
(4) No person who has been found not guilty by reason of insanity may petition a court for restoration of the right to possess a firearm unless the person meets the requirements for the restoration of the right to possess a firearm under RCW 9.41.040(4).
CREDIT(S)
[2011 c 193 § 2, eff. July 22, 2011; 2009 c 293 § 2, eff. July 26, 2009; 2005 c 453 § 2, eff. July 24, 2005; 1996 c 295 § 3. Prior: 1994 sp.s. c 7 § 404.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.41.050
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.41. Firearms and Dangerous Weapons (Refs & Annos)
9.41.050. Carrying firearms
(1)(a) Except in the person's place of abode or fixed place of business, a person shall not carry a pistol concealed on his or her person without a license to carry a concealed pistol.
(b) Every licensee shall have his or her concealed pistol license in his or her immediate possession at all times that he or she is required by this section to have a concealed pistol license and shall display the same upon demand to any police officer or to any other person when and if required by law to do so. Any violation of this subsection (1)(b) shall be a class 1 civil infraction under chapter 7.80 RCW and shall be punished accordingly pursuant to chapter 7.80 RCW and the infraction rules for courts of limited jurisdiction.
(2)(a) A person shall not carry or place a loaded pistol in any vehicle unless the person has a license to carry a concealed pistol and: (i) The pistol is on the licensee's person, (ii) the licensee is within the vehicle at all times that the pistol is there, or (iii) the licensee is away from the vehicle and the pistol is locked within the vehicle and concealed from view from outside the vehicle.
(b) A violation of this subsection is a misdemeanor.
(3)(a) A person at least eighteen years of age who is in possession of an unloaded pistol shall not leave the unloaded pistol in a vehicle unless the unloaded pistol is locked within the vehicle and concealed from view from outside the vehicle.
(b) A violation of this subsection is a misdemeanor.
(4) Nothing in this section permits the possession of firearms illegal to possess under state or federal law.
CREDIT(S)
[2003 c 53 § 28, eff. July 1, 2004; 1997 c 200 § 1; 1996 c 295 § 4; 1994 sp.s. c 7 § 405; 1982 1st ex.s. c 47 § 3; 1961 c 124 § 4; 1935 c 172 § 5; RRS § 2516-5.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.41.060
Effective: July 22, 2011
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.41. Firearms and Dangerous Weapons (Refs & Annos)
9.41.060. Exceptions to restrictions on carrying firearms
The provisions of RCW 9.41.050 shall not apply to:
(1) Marshals, sheriffs, prison or jail wardens or their deputies, correctional personnel and community corrections officers as long as they are employed as such who have completed government-sponsored law enforcement firearms training and have been subject to a check through the national instant criminal background check system or an equivalent background check within the past five years, or other law enforcement officers of this state or another state. Correctional personnel and community corrections officers seeking the waiver provided for by this section are required to pay for any background check that is needed in order to exercise the waiver;
(2) Members of the armed forces of the United States or of the national guard or organized reserves, when on duty;
(3) Officers or employees of the United States duly authorized to carry a concealed pistol;
(4) Any person engaged in the business of manufacturing, repairing, or dealing in firearms, or the agent or representative of the person, if possessing, using, or carrying a pistol in the usual or ordinary course of the business;
(5) Regularly enrolled members of any organization duly authorized to purchase or receive pistols from the United States or from this state;
(6) Regularly enrolled members of clubs organized for the purpose of target shooting, when those members are at or are going to or from their places of target practice;
(7) Regularly enrolled members of clubs organized for the purpose of modern and antique firearm collecting, when those members are at or are going to or from their collector's gun shows and exhibits;
(8) Any person engaging in a lawful outdoor recreational activity such as hunting, fishing, camping, hiking, or horseback riding, only if, considering all of the attendant circumstances, including but not limited to whether the person has a valid hunting or fishing license, it is reasonable to conclude that the person is participating in lawful outdoor activities or is traveling to or from a legitimate outdoor recreation area;
(9) Any person while carrying a pistol unloaded and in a closed opaque case or secure wrapper; or
(10) Law enforcement officers retired for service or physical disabilities, except for those law enforcement officers retired because of mental or stress-related disabilities. This subsection applies only to a retired officer who has: (a) Obtained documentation from a law enforcement agency within Washington state from which he or she retired that is signed by the agency's chief law enforcement officer and that states that the retired officer was retired for service or physical disability; and (b) not been convicted or found not guilty by reason of insanity of a crime making him or her ineligible for a concealed pistol license.
CREDIT(S)
[2011 c 221 § 1, eff. July 22, 2011; 2005 c 453 § 3, eff. July 24, 2005; 1998 c 253 § 2; 1996 c 295 § 5; 1995 c 392 § 1; 1994 sp.s. c 7 § 406; 1961 c 124 § 5; 1935 c 172 § 6; RRS § 2516-6.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.41.065
Effective: July 22, 2011
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.41. Firearms and Dangerous Weapons (Refs & Annos)
9.41.065. Correctional employees--Effect of exemption from firearms restrictions--Liability limited
The exemptions from firearms restrictions in RCW 9.41.060 and 9.41.300 for correctional personnel and community corrections officers who complete government-sponsored law enforcement firearms training do not create a duty on the part of the state or local governmental entities with respect to the off-duty conduct of correctional personnel and community corrections officers involving the use or misuse of a firearm.
The state of Washington, local governmental entities, and their officers, employees, and agents are not liable for any civil damages caused by the use or misuse of a firearm by off-duty correctional personnel or community corrections officers based on any act or omission in the provision of government-sponsored firearms training to the correctional personnel or community corrections officers.
CREDIT(S)
[2011 c 221 § 3, eff. July 22, 2011.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.41.070
Effective: July 22, 2011
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.41. Firearms and Dangerous Weapons (Refs & Annos)
9.41.070. Concealed pistol license--Application--Fee--Renewal
(1) The chief of police of a municipality or the sheriff of a county shall within thirty days after the filing of an application of any person, issue a license to such person to carry a pistol concealed on his or her person within this state for five years from date of issue, for the purposes of protection or while engaged in business, sport, or while traveling. However, if the applicant does not have a valid permanent Washington driver's license or Washington state identification card or has not been a resident of the state for the previous consecutive ninety days, the issuing authority shall have up to sixty days after the filing of the application to issue a license. The issuing authority shall not refuse to accept completed applications for concealed pistol licenses during regular business hours.
The applicant's constitutional right to bear arms shall not be denied, unless:
(a) He or she is ineligible to possess a firearm under the provisions of RCW 9.41.040 or 9.41.045, or is prohibited from possessing a firearm under federal law;
(b) The applicant's concealed pistol license is in a revoked status;
(c) He or she is under twenty-one years of age;
(d) He or she is subject to a court order or injunction regarding firearms pursuant to RCW 9A.46.080, 10.14.080, 10.99.040, 10.99.045, 26.09.050, 26.09.060, 26.10.040, 26.10.115, 26.26.130, 26.50.060, 26.50.070, or 26.26.590;
(e) He or she is free on bond or personal recognizance pending trial, appeal, or sentencing for a felony offense;
(f) He or she has an outstanding warrant for his or her arrest from any court of competent jurisdiction for a felony or misdemeanor; or
(g) He or she has been ordered to forfeit a firearm under RCW 9.41.098(1)(e) within one year before filing an application to carry a pistol concealed on his or her person.
No person convicted of a felony may have his or her right to possess firearms restored or his or her privilege to carry a concealed pistol restored, unless the person has been granted relief from disabilities by the attorney general under 18 U.S.C. Sec. 925(c), or RCW 9.41.040 (3) or (4) applies.
(2)(a) The issuing authority shall conduct a check through the national instant criminal background check system, the Washington state patrol electronic database, the department of social and health services electronic database, and with other agencies or resources as appropriate, to determine whether the applicant is ineligible under RCW 9.41.040 or 9.41.045 to possess a firearm, or is prohibited from possessing a firearm under federal law, and therefore ineligible for a concealed pistol license.
(b) The issuing authority shall deny a permit to anyone who is found to be prohibited from possessing a firearm under federal or state law.
(c) This subsection applies whether the applicant is applying for a new concealed pistol license or to renew a concealed pistol license.
(3) Any person whose firearms rights have been restricted and who has been granted relief from disabilities by the attorney general under 18 U.S.C. Sec. 925(c) or who is exempt under 18 U.S.C. Sec. 921(a)(20)(A) shall have his or her right to acquire, receive, transfer, ship, transport, carry, and possess firearms in accordance with Washington state law restored except as otherwise prohibited by this chapter.
(4) The license application shall bear the full name, residential address, telephone number at the option of the applicant, date and place of birth, race, gender, description, a complete set of fingerprints, and signature of the licensee, and the licensee's driver's license number or state identification card number if used for identification in applying for the license. A signed application for a concealed pistol license shall constitute a waiver of confidentiality and written request that the department of social and health services, mental health institutions, and other health care facilities release information relevant to the applicant's eligibility for a concealed pistol license to an inquiring court or law enforcement agency.
The application for an original license shall include two complete sets of fingerprints to be forwarded to the Washington state patrol.
The license and application shall contain a warning substantially as follows:
CAUTION: Although state and local laws do not differ, federal law and state law on the possession of firearms differ. If you are prohibited by federal law from possessing a firearm, you may be prosecuted in federal court. A state license is not a defense to a federal prosecution.
The license shall contain a description of the major differences between state and federal law and an explanation of the fact that local laws and ordinances on firearms are preempted by state law and must be consistent with state law.
The application shall contain questions about the applicant's eligibility under RCW 9.41.040 and federal law to possess a pistol, the applicant's place of birth, and whether the applicant is a United States citizen. If the applicant is not a United States citizen, the applicant must provide the applicant's country of citizenship, United States issued alien number or admission number, and the basis on which the applicant claims to be exempt from federal prohibitions on firearm possession by aliens. The applicant shall not be required to produce a birth certificate or other evidence of citizenship. A person who is not a citizen of the United States shall, if applicable, meet the additional requirements of RCW 9.41.173 and produce proof of compliance with RCW 9.41.173 upon application. The license may be in triplicate or in a form to be prescribed by the department of licensing.
The original thereof shall be delivered to the licensee, the duplicate shall within seven days be sent to the director of licensing and the triplicate shall be preserved for six years, by the authority issuing the license.
The department of licensing shall make available to law enforcement and corrections agencies, in an on-line format, all information received under this subsection.
(5) The nonrefundable fee, paid upon application, for the original five-year license shall be thirty-six dollars plus additional charges imposed by the federal bureau of investigation that are passed on to the applicant. No other state or local branch or unit of government may impose any additional charges on the applicant for the issuance of the license.
The fee shall be distributed as follows:
(a) Fifteen dollars shall be paid to the state general fund;
(b) Four dollars shall be paid to the agency taking the fingerprints of the person licensed;
(c) Fourteen dollars shall be paid to the issuing authority for the purpose of enforcing this chapter; and
(d) Three dollars to the firearms range account in the general fund.
(6) The nonrefundable fee for the renewal of such license shall be thirty-two dollars. No other branch or unit of government may impose any additional charges on the applicant for the renewal of the license.
The renewal fee shall be distributed as follows:
(a) Fifteen dollars shall be paid to the state general fund;
(b) Fourteen dollars shall be paid to the issuing authority for the purpose of enforcing this chapter; and
(c) Three dollars to the firearms range account in the general fund.
(7) The nonrefundable fee for replacement of lost or damaged licenses is ten dollars to be paid to the issuing authority.
(8) Payment shall be by cash, check, or money order at the option of the applicant. Additional methods of payment may be allowed at the option of the issuing authority.
(9) A licensee may renew a license if the licensee applies for renewal within ninety days before or after the expiration date of the license. A license so renewed shall take effect on the expiration date of the prior license. A licensee renewing after the expiration date of the license must pay a late renewal penalty of ten dollars in addition to the renewal fee specified in subsection (6) of this section. The fee shall be distributed as follows:
(a) Three dollars shall be deposited in the state wildlife account and used exclusively first for the printing and distribution of a pamphlet on the legal limits of the use of firearms, firearms safety, and the preemptive nature of state law, and subsequently the support of volunteer instructors in the basic firearms safety training program conducted by the department of fish and wildlife. The pamphlet shall be given to each applicant for a license; and
(b) Seven dollars shall be paid to the issuing authority for the purpose of enforcing this chapter.
(10) Notwithstanding the requirements of subsections (1) through (9) of this section, the chief of police of the municipality or the sheriff of the county of the applicant's residence may issue a temporary emergency license for good cause pending review under subsection (1) of this section. However, a temporary emergency license issued under this subsection shall not exempt the holder of the license from any records check requirement. Temporary emergency licenses shall be easily distinguishable from regular licenses.
(11) A political subdivision of the state shall not modify the requirements of this section or chapter, nor may a political subdivision ask the applicant to voluntarily submit any information not required by this section.
(12) A person who knowingly makes a false statement regarding citizenship or identity on an application for a concealed pistol license is guilty of false swearing under RCW 9A.72.040. In addition to any other penalty provided for by law, the concealed pistol license of a person who knowingly makes a false statement shall be revoked, and the person shall be permanently ineligible for a concealed pistol license.
(13) A person may apply for a concealed pistol license:
(a) To the municipality or to the county in which the applicant resides if the applicant resides in a municipality;
(b) To the county in which the applicant resides if the applicant resides in an unincorporated area; or
(c) Anywhere in the state if the applicant is a nonresident.
(14) Any person who, as a member of the armed forces, including the national guard and armed forces reserves, is unable to renew his or her license under subsections (6) and (9) of this section because of the person's assignment, reassignment, or deployment for out-of-state military service may renew his or her license within ninety days after the person returns to this state from out-of-state military service, if the person provides the following to the issuing authority no later than ninety days after the person's date of discharge or assignment, reassignment, or deployment back to this state: (a) A copy of the person's original order designating the specific period of assignment, reassignment, or deployment for out-of-state military service, and (b) if appropriate, a copy of the person's discharge or amended or subsequent assignment, reassignment, or deployment order back to this state. A license so renewed under this subsection (14) shall take effect on the expiration date of the prior license. A licensee renewing after the expiration date of the license under this subsection (14) shall pay only the renewal fee specified in subsection (6) of this section and shall not be required to pay a late renewal penalty in addition to the renewal fee.
CREDIT(S)
[2011 c 294 § 1, eff. July 22, 2011. Prior: 2009 c 216 § 5, eff. July 26, 2009; 2009 c 59 § 1, eff. July 26, 2009; 2002 c 302 § 703; 1999 c 222 § 2; 1996 c 295 § 6; 1995 c 351 § 1; prior: 1994 sp.s. c 7 § 407; 1994 c 190 § 2; 1992 c 168 § 1; 1990 c 195 § 6; prior: 1988 c 263 § 10; 1988 c 223 § 1; 1988 c 219 § 1; 1988 c 36 § 1; 1985 c 428 § 3; 1983 c 232 § 3; 1979 c 158 § 1; 1971 ex.s. c 302 § 2; 1961 c 124 § 6; 1935 c 172 § 7; RRS § 2516-7.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.41.073
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.41. Firearms and Dangerous Weapons (Refs & Annos)
9.41.073. Concealed pistol license--Reciprocity
(1)(a) A person licensed to carry a pistol in a state the laws of which recognize and give effect in that state to a concealed pistol license issued under the laws of the state of Washington is authorized to carry a concealed pistol in this state if:
(i) The licensing state does not issue concealed pistol licenses to persons under twenty-one years of age; and
(ii) The licensing state requires mandatory fingerprint-based background checks of criminal and mental health history for all persons who apply for a concealed pistol license.
(b) This section applies to a license holder from another state only while the license holder is not a resident of this state. A license holder from another state must carry the handgun in compliance with the laws of this state.
(2) The attorney general shall periodically publish a list of states the laws of which recognize and give effect in that state to a concealed pistol license issued under the laws of the state of Washington and which meet the requirements of subsection (1)(a)(i) and (ii) of this section.
CREDIT(S)
[2004 c 148 § 1, eff. June 10, 2004.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.41.075
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.41. Firearms and Dangerous Weapons (Refs & Annos)
9.41.075. Concealed pistol license--Revocation
(1) The license shall be revoked by the license-issuing authority immediately upon:
(a) Discovery by the issuing authority that the person was ineligible under RCW 9.41.070 for a concealed pistol license when applying for the license or license renewal;
(b) Conviction of the licensee, or the licensee being found not guilty by reason of insanity, of an offense, or commitment of the licensee for mental health treatment, that makes a person ineligible under RCW 9.41.040 to possess a firearm;
(c) Conviction of the licensee for a third violation of this chapter within five calendar years; or
(d) An order that the licensee forfeit a firearm under RCW 9.41.098(1)(d).
(2)(a) Unless the person may lawfully possess a pistol without a concealed pistol license, an ineligible person to whom a concealed pistol license was issued shall, within fourteen days of license revocation, lawfully transfer ownership of any pistol acquired while the person was in possession of the license.
(b) Upon discovering a person issued a concealed pistol license was ineligible for the license, the issuing authority shall contact the department of licensing to determine whether the person purchased a pistol while in possession of the license. If the person did purchase a pistol while in possession of the concealed pistol license, if the person may not lawfully possess a pistol without a concealed pistol license, the issuing authority shall require the person to present satisfactory evidence of having lawfully transferred ownership of the pistol. The issuing authority shall require the person to produce the evidence within fifteen days of the revocation of the license.
(3) When a licensee is ordered to forfeit a firearm under RCW 9.41.098(1)(d), the issuing authority shall:
(a) On the first forfeiture, revoke the license for one year;
(b) On the second forfeiture, revoke the license for two years; or
(c) On the third or subsequent forfeiture, revoke the license for five years.
Any person whose license is revoked as a result of a forfeiture of a firearm under RCW 9.41.098(1)(d) may not reapply for a new license until the end of the revocation period.
(4) The issuing authority shall notify, in writing, the department of licensing of the revocation of a license. The department of licensing shall record the revocation.
CREDIT(S)
[2005 c 453 § 4, eff. July 24, 2005; 1994 sp.s. c 7 § 408.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.41.080
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.41. Firearms and Dangerous Weapons (Refs & Annos)
9.41.080. Delivery to ineligible persons
No person may deliver a firearm to any person whom he or she has reasonable cause to believe is ineligible under RCW 9.41.040 to possess a firearm. Any person violating this section is guilty of a class C felony, punishable under chapter 9A.20 RCW.
CREDIT(S)
[1994 sp.s. c 7 § 409; 1935 c 172 § 8; RRS § 2516-8.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.41.090
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.41. Firearms and Dangerous Weapons (Refs & Annos)
9.41.090. Dealer deliveries regulated--Hold on delivery
(1) In addition to the other requirements of this chapter, no dealer may deliver a pistol to the purchaser thereof until:
(a) The purchaser produces a valid concealed pistol license and the dealer has recorded the purchaser's name, license number, and issuing agency, such record to be made in triplicate and processed as provided in subsection (5) of this section. For purposes of this subsection (1)(a), a “valid concealed pistol license” does not include a temporary emergency license, and does not include any license issued before July 1, 1996, unless the issuing agency conducted a records search for disqualifying crimes under RCW 9.41.070 at the time of issuance;
(b) The dealer is notified in writing by the chief of police or the sheriff of the jurisdiction in which the purchaser resides that the purchaser is eligible to possess a pistol under RCW 9.41.040 and that the application to purchase is approved by the chief of police or sheriff; or
(c) Five business days, meaning days on which state offices are open, have elapsed from the time of receipt of the application for the purchase thereof as provided herein by the chief of police or sheriff designated in subsection (5) of this section, and, when delivered, the pistol shall be securely wrapped and shall be unloaded. However, if the purchaser does not have a valid permanent Washington driver's license or state identification card or has not been a resident of the state for the previous consecutive ninety days, the waiting period under this subsection (1)(c) shall be up to sixty days.
(2)(a) Except as provided in (b) of this subsection, in determining whether the purchaser meets the requirements of RCW 9.41.040, the chief of police or sheriff, or the designee of either, shall check with the national crime information center, the Washington state patrol electronic database, the department of social and health services electronic database, and with other agencies or resources as appropriate, to determine whether the applicant is ineligible under RCW 9.41.040 to possess a firearm.
(b) Once the system is established, a dealer shall use the state system and national instant criminal background check system, provided for by the Brady Handgun Violence Prevention Act (18 U.S.C. Sec. 921 et seq.), to make criminal background checks of applicants to purchase firearms. However, a chief of police or sheriff, or a designee of either, shall continue to check the department of social and health services' electronic database and with other agencies or resources as appropriate, to determine whether applicants are ineligible under RCW 9.41.040 to possess a firearm.
(3) In any case under subsection (1)(c) of this section where the applicant has an outstanding warrant for his or her arrest from any court of competent jurisdiction for a felony or misdemeanor, the dealer shall hold the delivery of the pistol until the warrant for arrest is served and satisfied by appropriate court appearance. The local jurisdiction for purposes of the sale shall confirm the existence of outstanding warrants within seventy-two hours after notification of the application to purchase a pistol is received. The local jurisdiction shall also immediately confirm the satisfaction of the warrant on request of the dealer so that the hold may be released if the warrant was for an offense other than an offense making a person ineligible under RCW 9.41.040 to possess a pistol.
(4) In any case where the chief or sheriff of the local jurisdiction has reasonable grounds based on the following circumstances: (a) Open criminal charges, (b) pending criminal proceedings, (c) pending commitment proceedings, (d) an outstanding warrant for an offense making a person ineligible under RCW 9.41.040 to possess a pistol, or (e) an arrest for an offense making a person ineligible under RCW 9.41.040 to possess a pistol, if the records of disposition have not yet been reported or entered sufficiently to determine eligibility to purchase a pistol, the local jurisdiction may hold the sale and delivery of the pistol beyond five days up to thirty days in order to confirm existing records in this state or elsewhere. After thirty days, the hold will be lifted unless an extension of the thirty days is approved by a local district court or municipal court for good cause shown. A dealer shall be notified of each hold placed on the sale by local law enforcement and of any application to the court for additional hold period to confirm records or confirm the identity of the applicant.
(5) At the time of applying for the purchase of a pistol, the purchaser shall sign in triplicate and deliver to the dealer an application containing his or her full name, residential address, date and place of birth, race, and gender; the date and hour of the application; the applicant's driver's license number or state identification card number; a description of the pistol including the make, model, caliber and manufacturer's number if available at the time of applying for the purchase of a pistol. If the manufacturer's number is not available, the application may be processed, but delivery of the pistol to the purchaser may not occur unless the manufacturer's number is recorded on the application by the dealer and transmitted to the chief of police of the municipality or the sheriff of the county in which the purchaser resides; and a statement that the purchaser is eligible to possess a pistol under RCW 9.41.040.
The application shall contain a warning substantially as follows:
CAUTION: Although state and local laws do not differ, federal law and state law on the possession of firearms differ. If you are prohibited by federal law from possessing a firearm, you may be prosecuted in federal court. State permission to purchase a firearm is not a defense to a federal prosecution.
The purchaser shall be given a copy of the department of fish and wildlife pamphlet on the legal limits of the use of firearms, firearms safety, and the fact that local laws and ordinances on firearms are preempted by state law and must be consistent with state law.
The dealer shall, by the end of the business day, sign and attach his or her address and deliver a copy of the application and such other documentation as required under subsection (1) of this section to the chief of police of the municipality or the sheriff of the county of which the purchaser is a resident. The triplicate shall be retained by the dealer for six years. The dealer shall deliver the pistol to the purchaser following the period of time specified in this section unless the dealer is notified of an investigative hold under subsection (4) of this section in writing by the chief of police of the municipality or the sheriff of the county, whichever is applicable, denying the purchaser's application to purchase and the grounds thereof. The application shall not be denied unless the purchaser is not eligible to possess a pistol under RCW 9.41.040 or 9.41.045, or federal law.
The chief of police of the municipality or the sheriff of the county shall retain or destroy applications to purchase a pistol in accordance with the requirements of 18 U.S.C. Sec. 922.
(6) A person who knowingly makes a false statement regarding identity or eligibility requirements on the application to purchase a pistol is guilty of false swearing under RCW 9A.72.040.
(7) This section does not apply to sales to licensed dealers for resale or to the sale of antique firearms.
CREDIT(S)
[1996 c 295 § 8. Prior: 1994 sp.s. c 7 § 410; 1994 c 264 § 1; 1988 c 36 § 2; 1985 c 428 § 4; 1983 c 232 § 4; 1969 ex.s. c 227 § 1; 1961 c 124 § 7; 1935 c 172 § 9; RRS § 2516-9.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.41.093
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.41. Firearms and Dangerous Weapons (Refs & Annos)
9.41.093. Repealed by Laws 1994, 1st Sp.Sess., ch. 7, § 460, eff. July 1, 1994
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.41.094
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.41. Firearms and Dangerous Weapons (Refs & Annos)
9.41.094. Waiver of confidentiality
A signed application to purchase a pistol shall constitute a waiver of confidentiality and written request that the department of social and health services, mental health institutions, and other health care facilities release, to an inquiring court or law enforcement agency, information relevant to the applicant's eligibility to purchase a pistol to an inquiring court or law enforcement agency.
CREDIT(S)
[1994 sp.s. c 7 § 411.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.41.095
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.41. Firearms and Dangerous Weapons (Refs & Annos)
9.41.095. Repealed by Laws 1994, 1st Sp.Sess., ch. 7, § 460, eff. July 1, 1994
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.41.097
Effective: July 26, 2009
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.41. Firearms and Dangerous Weapons (Refs & Annos)
9.41.097. Supplying information on persons purchasing pistols or applying for concealed pistol licenses
(1) The department of social and health services, mental health institutions, and other health care facilities shall, upon request of a court or law enforcement agency, supply such relevant information as is necessary to determine the eligibility of a person to possess a pistol or to be issued a concealed pistol license under RCW 9.41.070 or to purchase a pistol under RCW 9.41.090.
(2) Mental health information received by: (a) The department of licensing pursuant to RCW 9.41.047 or 9.41.173; (b) an issuing authority pursuant to RCW 9.41.047 or 9.41.070; (c) a chief of police or sheriff pursuant to RCW 9.41.090 or 9.41.173; (d) a court or law enforcement agency pursuant to subsection (1) of this section, shall not be disclosed except as provided in RCW 42.56.240(4).
CREDIT(S)
[2009 c 216 § 6, eff. July 26, 2009; 2005 c 274 § 202, eff. July 1, 2006; 1994 sp.s. c 7 § 412; 1983 c 232 § 5.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.41.0975
Effective: July 26, 2009
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.41. Firearms and Dangerous Weapons (Refs & Annos)
9.41.0975. Officials and agencies--Immunity, writ of mandamus
(1) The state, local governmental entities, any public or private agency, and the employees of any state or local governmental entity or public or private agency, acting in good faith, are immune from liability:
(a) For failure to prevent the sale or transfer of a firearm to a person whose receipt or possession of the firearm is unlawful;
(b) For preventing the sale or transfer of a firearm to a person who may lawfully receive or possess a firearm;
(c) For issuing a concealed pistol license or alien firearm license to a person ineligible for such a license;
(d) For failing to issue a concealed pistol license or alien firearm license to a person eligible for such a license;
(e) For revoking or failing to revoke an issued concealed pistol license or alien firearm license;
(f) For errors in preparing or transmitting information as part of determining a person's eligibility to receive or possess a firearm, or eligibility for a concealed pistol license or alien firearm license;
(g) For issuing a dealer's license to a person ineligible for such a license; or
(h) For failing to issue a dealer's license to a person eligible for such a license.
(2) An application may be made to a court of competent jurisdiction for a writ of mandamus:
(a) Directing an issuing agency to issue a concealed pistol license or alien firearm license wrongfully refused;
(b) Directing a law enforcement agency to approve an application to purchase wrongfully denied;
(c) Directing that erroneous information resulting either in the wrongful refusal to issue a concealed pistol license or alien firearm license or in the wrongful denial of a purchase application be corrected; or
(d) Directing a law enforcement agency to approve a dealer's license wrongfully denied.
The application for the writ may be made in the county in which the application for a concealed pistol license or alien firearm license or to purchase a pistol was made, or in Thurston county, at the discretion of the petitioner. A court shall provide an expedited hearing for an application brought under this subsection (2) for a writ of mandamus. A person granted a writ of mandamus under this subsection (2) shall be awarded reasonable attorneys' fees and costs.
CREDIT(S)
[2009 c 216 § 7, eff. July 26, 2009; 1996 c 295 § 9; 1994 sp.s. c 7 § 413.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.41.098
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.41. Firearms and Dangerous Weapons (Refs & Annos)
9.41.098. Forfeiture of firearms--Disposition--Confiscation
(1) The superior courts and the courts of limited jurisdiction of the state may order forfeiture of a firearm which is proven to be:
(a) Found concealed on a person not authorized by RCW 9.41.060 or 9.41.070 to carry a concealed pistol: PROVIDED, That it is an absolute defense to forfeiture if the person possessed a valid Washington concealed pistol license within the preceding two years and has not become ineligible for a concealed pistol license in the interim. Before the firearm may be returned, the person must pay the past due renewal fee and the current renewal fee;
(b) Commercially sold to any person without an application as required by RCW 9.41.090;
(c) In the possession of a person prohibited from possessing the firearm under RCW 9.41.040 or 9.41.045;
(d) In the possession or under the control of a person at the time the person committed or was arrested for committing a felony or committing a nonfelony crime in which a firearm was used or displayed;
(e) In the possession of a person who is in any place in which a concealed pistol license is required, and who is under the influence of any drug or under the influence of intoxicating liquor, as defined in chapter 46.61 RCW;
(f) In the possession of a person free on bail or personal recognizance pending trial, appeal, or sentencing for a felony or for a nonfelony crime in which a firearm was used or displayed, except that violations of Title 77 RCW shall not result in forfeiture under this section;
(g) In the possession of a person found to have been mentally incompetent while in possession of a firearm when apprehended or who is thereafter committed pursuant to chapter 10.77 or 71.05 RCW;
(h) Used or displayed by a person in the violation of a proper written order of a court of general jurisdiction; or
(i) Used in the commission of a felony or of a nonfelony crime in which a firearm was used or displayed.
(2) Upon order of forfeiture, the court in its discretion may order destruction of any forfeited firearm. A court may temporarily retain forfeited firearms needed for evidence.
(a) Except as provided in (b), (c), and (d) of this subsection, firearms that are: (i) Judicially forfeited and no longer needed for evidence; or (ii) forfeited due to a failure to make a claim under RCW 63.32.010 or 63.40.010; may be disposed of in any manner determined by the local legislative authority. Any proceeds of an auction or trade may be retained by the legislative authority. This subsection (2)(a) applies only to firearms that come into the possession of the law enforcement agency after June 30, 1993.
By midnight, June 30, 1993, every law enforcement agency shall prepare an inventory, under oath, of every firearm that has been judicially forfeited, has been seized and may be subject to judicial forfeiture, or that has been, or may be, forfeited due to a failure to make a claim under RCW 63.32.010 or 63.40.010.
(b) Except as provided in (c) of this subsection, of the inventoried firearms a law enforcement agency shall destroy illegal firearms, may retain a maximum of ten percent of legal forfeited firearms for agency use, and shall either:
(i) Comply with the provisions for the auction of firearms in RCW 9.41.098 that were in effect immediately preceding May 7, 1993; or
(ii) Trade, auction, or arrange for the auction of, rifles and shotguns. In addition, the law enforcement agency shall either trade, auction, or arrange for the auction of, short firearms, or shall pay a fee of twenty-five dollars to the state treasurer for every short firearm neither auctioned nor traded, to a maximum of fifty thousand dollars. The fees shall be accompanied by an inventory, under oath, of every short firearm listed in the inventory required by (a) of this subsection, that has been neither traded nor auctioned. The state treasurer shall credit the fees to the firearms range account established in RCW 79A.25.210. All trades or auctions of firearms under this subsection shall be to licensed dealers. Proceeds of any auction less costs, including actual costs of storage and sale, shall be forwarded to the firearms range account established in RCW 79A.25.210.
(c) Antique firearms and firearms recognized as curios, relics, and firearms of particular historical significance by the United States treasury department *bureau of alcohol, tobacco, and firearms are exempt from destruction and shall be disposed of by auction or trade to licensed dealers.
(d) Firearms in the possession of the Washington state patrol on or after May 7, 1993, that are judicially forfeited and no longer needed for evidence, or forfeited due to a failure to make a claim under RCW 63.35.020, must be disposed of as follows: (i) Firearms illegal for any person to possess must be destroyed; (ii) the Washington state patrol may retain a maximum of ten percent of legal firearms for agency use; and (iii) all other legal firearms must be auctioned or traded to licensed dealers. The Washington state patrol may retain any proceeds of an auction or trade.
(3) The court shall order the firearm returned to the owner upon a showing that there is no probable cause to believe a violation of subsection (1) of this section existed or the firearm was stolen from the owner or the owner neither had knowledge of nor consented to the act or omission involving the firearm which resulted in its forfeiture.
(4) A law enforcement officer of the state or of any county or municipality may confiscate a firearm found to be in the possession of a person under circumstances specified in subsection (1) of this section. After confiscation, the firearm shall not be surrendered except: (a) To the prosecuting attorney for use in subsequent legal proceedings; (b) for disposition according to an order of a court having jurisdiction as provided in subsection (1) of this section; or (c) to the owner if the proceedings are dismissed or as directed in subsection (3) of this section.
CREDIT(S)
[2003 c 39 § 5, eff. July 27, 2003; 1996 c 295 § 10; 1994 sp.s. c 7 § 414; 1993 c 243 § 1; 1989 c 222 § 8; 1988 c 223 § 2. Prior: 1987 c 506 § 91; 1987 c 373 § 7; 1986 c 153 § 1; 1983 c 232 § 6.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.41.100
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.41. Firearms and Dangerous Weapons (Refs & Annos)
9.41.100. Dealer licensing and registration required
Every dealer shall be licensed as provided in RCW 9.41.110 and shall register with the department of revenue as provided in chapters 82.04 and 82.32 RCW.
CREDIT(S)
[1994 sp.s. c 7 § 415; 1935 c 172 § 10; RRS § 2516-10.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.41.110
Effective: July 1, 2009
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.41. Firearms and Dangerous Weapons (Refs & Annos)
9.41.110. Dealer's licenses, by whom granted, conditions, fees--Employees, fingerprinting and background checks--Wholesale sales excepted--Permits prohibited
(1) No dealer may sell or otherwise transfer, or expose for sale or transfer, or have in his or her possession with intent to sell, or otherwise transfer, any pistol without being licensed as provided in this section.
(2) No dealer may sell or otherwise transfer, or expose for sale or transfer, or have in his or her possession with intent to sell, or otherwise transfer, any firearm other than a pistol without being licensed as provided in this section.
(3) No dealer may sell or otherwise transfer, or expose for sale or transfer, or have in his or her possession with intent to sell, or otherwise transfer, any ammunition without being licensed as provided in this section.
(4) The duly constituted licensing authorities of any city, town, or political subdivision of this state shall grant licenses in forms prescribed by the director of licensing effective for not more than one year from the date of issue permitting the licensee to sell firearms within this state subject to the following conditions, for breach of any of which the license shall be forfeited and the licensee subject to punishment as provided in RCW 9.41.010 through 9.41.810. A licensing authority shall forward a copy of each license granted to the department of licensing. The department of licensing shall notify the department of revenue of the name and address of each dealer licensed under this section.
(5)(a) A licensing authority shall, within thirty days after the filing of an application of any person for a dealer's license, determine whether to grant the license. However, if the applicant does not have a valid permanent Washington driver's license or Washington state identification card, or has not been a resident of the state for the previous consecutive ninety days, the licensing authority shall have up to sixty days to determine whether to issue a license. No person shall qualify for a license under this section without first receiving a federal firearms license and undergoing fingerprinting and a background check. In addition, no person ineligible to possess a firearm under RCW 9.41.040 or ineligible for a concealed pistol license under RCW 9.41.070 shall qualify for a dealer's license.
(b) A dealer shall require every employee who may sell a firearm in the course of his or her employment to undergo fingerprinting and a background check. An employee must be eligible to possess a firearm, and must not have been convicted of a crime that would make the person ineligible for a concealed pistol license, before being permitted to sell a firearm. Every employee shall comply with requirements concerning purchase applications and restrictions on delivery of pistols that are applicable to dealers.
(6)(a) Except as otherwise provided in (b) of this subsection, the business shall be carried on only in the building designated in the license. For the purpose of this section, advertising firearms for sale shall not be considered the carrying on of business.
(b) A dealer may conduct business temporarily at a location other than the building designated in the license, if the temporary location is within Washington state and is the location of a gun show sponsored by a national, state, or local organization, or an affiliate of any such organization, devoted to the collection, competitive use, or other sporting use of firearms in the community. Nothing in this subsection (6)(b) authorizes a dealer to conduct business in or from a motorized or towed vehicle.
In conducting business temporarily at a location other than the building designated in the license, the dealer shall comply with all other requirements imposed on dealers by RCW 9.41.090, 9.41.100, and 9.41.110. The license of a dealer who fails to comply with the requirements of RCW 9.41.080 and 9.41.090 and subsection (8) of this section while conducting business at a temporary location shall be revoked, and the dealer shall be permanently ineligible for a dealer's license.
(7) The license or a copy thereof, certified by the issuing authority, shall be displayed on the premises in the area where firearms are sold, or at the temporary location, where it can easily be read.
(8)(a) No pistol may be sold: (i) In violation of any provisions of RCW 9.41.010 through 9.41.810; nor (ii) may a pistol be sold under any circumstances unless the purchaser is personally known to the dealer or shall present clear evidence of his or her identity.
(b) A dealer who sells or delivers any firearm in violation of RCW 9.41.080 is guilty of a class C felony. In addition to any other penalty provided for by law, the dealer is subject to mandatory permanent revocation of his or her dealer's license and permanent ineligibility for a dealer's license.
(c) The license fee for pistols shall be one hundred twenty-five dollars. The license fee for firearms other than pistols shall be one hundred twenty-five dollars. The license fee for ammunition shall be one hundred twenty-five dollars. Any dealer who obtains any license under subsection (1), (2), or (3) of this section may also obtain the remaining licenses without payment of any fee. The fees received under this section shall be deposited in the state general fund.
(9)(a) A true record in triplicate shall be made of every pistol sold, in a book kept for the purpose, the form of which may be prescribed by the director of licensing and shall be personally signed by the purchaser and by the person effecting the sale, each in the presence of the other, and shall contain the date of sale, the caliber, make, model and manufacturer's number of the weapon, the name, address, occupation, and place of birth of the purchaser and a statement signed by the purchaser that he or she is not ineligible under RCW 9.41.040 to possess a firearm.
(b) One copy shall within six hours be sent by certified mail to the chief of police of the municipality or the sheriff of the county of which the purchaser is a resident; the duplicate the dealer shall within seven days send to the director of licensing; the triplicate the dealer shall retain for six years.
(10) Subsections (2) through (9) of this section shall not apply to sales at wholesale.
(11) The dealer's licenses authorized to be issued by this section are general licenses covering all sales by the licensee within the effective period of the licenses. The department shall provide a single application form for dealer's licenses and a single license form which shall indicate the type or types of licenses granted.
(12) Except as provided in RCW 9.41.090, every city, town, and political subdivision of this state is prohibited from requiring the purchaser to secure a permit to purchase or from requiring the dealer to secure an individual permit for each sale.
CREDIT(S)
[2009 c 479 § 10, eff. July 1, 2009; 1994 sp.s. c 7 § 416; 1979 c 158 § 2; 1969 ex.s. c 227 § 4; 1963 c 163 § 1; 1961 c 124 § 8; 1935 c 172 § 11; RRS § 2516-11.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.41.120
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.41. Firearms and Dangerous Weapons (Refs & Annos)
9.41.120. Firearms as loan security
No person other than a duly licensed dealer shall make any loan secured by a mortgage, deposit or pledge of a pistol. Any licensed dealer receiving a pistol as a deposit or pledge for a loan shall keep such records and make such reports as are provided by law for pawnbrokers and secondhand dealers in cities of the first class. A duly licensed dealer may mortgage any pistol or stock of pistols but shall not deposit or pledge the same with any other person.
CREDIT(S)
[1961 c 124 § 9; 1935 c 172 § 12; RRS § 2516-12.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.41.122
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.41. Firearms and Dangerous Weapons (Refs & Annos)
9.41.122. Out-of-state purchasing
Residents of Washington may purchase rifles and shotguns in a state other than Washington: PROVIDED, That such residents conform to the applicable provisions of the federal Gun Control Act of 1968, Title IV, Pub. L. 90-351 as administered by the United States secretary of the treasury: AND PROVIDED FURTHER, That such residents are eligible to purchase or possess such weapons in Washington and in the state in which such purchase is made.
CREDIT(S)
[1970 ex.s. c 74 § 1. Formerly RCW 19.70.010.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.41.124
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.41. Firearms and Dangerous Weapons (Refs & Annos)
9.41.124. Purchasing by nonresidents
Residents of a state other than Washington may purchase rifles and shotguns in Washington: PROVIDED, That such residents conform to the applicable provisions of the federal Gun Control Act of 1968, Title IV, Pub. L. 90-351 as administered by the United States secretary of the treasury: AND PROVIDED FURTHER, That such residents are eligible to purchase or possess such weapons in Washington and in the state in which such persons reside.
CREDIT(S)
[1970 ex.s. c 74 § 2. Formerly RCW 19.70.020.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.41.129
Effective: July 1, 2006
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.41. Firearms and Dangerous Weapons (Refs & Annos)
9.41.129. Recordkeeping requirements
The department of licensing may keep copies or records of applications for concealed pistol licenses provided for in RCW 9.41.070, copies or records of applications for alien firearm licenses, copies or records of applications to purchase pistols provided for in RCW 9.41.090, and copies or records of pistol transfers provided for in RCW 9.41.110. The copies and records shall not be disclosed except as provided in RCW 42.56.240(4).
CREDIT(S)
[2005 c 274 § 203, eff. July 1, 2006; 1994 sp.s. c 7 § 417.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.41.130
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.41. Firearms and Dangerous Weapons (Refs & Annos)
9.41.130. Repealed by Laws 1994, 1st Sp.Sess., ch. 7, § 460, eff. July 1, 1994
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.41.135
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.41. Firearms and Dangerous Weapons (Refs & Annos)
9.41.135. Verification of licenses and registration--Notice to federal government
(1) At least once every twelve months, the department of licensing shall obtain a list of dealers licensed under 18 U.S.C. Sec. 923(a) with business premises in the state of Washington from the United States bureau of alcohol, tobacco, and firearms. The department of licensing shall verify that all dealers on the list provided by the bureau of alcohol, tobacco, and firearms are licensed and registered as required by RCW 9.41.100.
(2) At least once every twelve months, the department of licensing shall obtain from the department of revenue and the department of revenue shall transmit to the department of licensing a list of dealers registered with the department of revenue, and a list of dealers whose names and addresses were forwarded to the department of revenue by the department of licensing under RCW 9.41.110, who failed to register with the department of revenue as required by RCW 9.41.100.
(3) At least once every twelve months, the department of licensing shall notify the bureau of alcohol, tobacco, and firearms of all dealers licensed under 18 U.S.C. Sec. 923(a) with business premises in the state of Washington who have not complied with the licensing or registration requirements of RCW 9.41.100. In notifying the bureau of alcohol, tobacco, and firearms, the department of licensing shall not specify whether a particular dealer has failed to comply with licensing requirements or has failed to comply with registration requirements.
CREDIT(S)
[1995 c 318 § 6; 1994 sp.s. c 7 § 418.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.41.140
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.41. Firearms and Dangerous Weapons (Refs & Annos)
9.41.140. Alteration of identifying marks--Exceptions
No person may change, alter, remove, or obliterate the name of the maker, model, manufacturer's number, or other mark of identification on any firearm. Possession of any firearm upon which any such mark shall have been changed, altered, removed, or obliterated, shall be prima facie evidence that the possessor has changed, altered, removed, or obliterated the same. This section shall not apply to replacement barrels in old firearms, which barrels are produced by current manufacturers and therefor do not have the markings on the barrels of the original manufacturers who are no longer in business. This section also shall not apply if the changes do not make the firearm illegal for the person to possess under state or federal law.
CREDIT(S)
[1994 sp.s. c 7 § 419; 1961 c 124 § 10; 1935 c 172 § 14; RRS § 2516-14.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.41.150
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.41. Firearms and Dangerous Weapons (Refs & Annos)
9.41.150. Repealed by Laws 1994, 1st Sp.Sess., ch. 7, § 460, eff. July 1, 1994
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.41.160
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.41. Firearms and Dangerous Weapons (Refs & Annos)
9.41.160. Recodified as § 9.41.810 by Laws 1994, 1st Sp.Sess., ch. 7, § 459, eff. July 1, 1994
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.41.170
Effective: July 26, 2009
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.41. Firearms and Dangerous Weapons (Refs & Annos)
9.41.170. Repealed by Laws 2009, ch. 216, § 8, eff. July 26, 2009
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.41.171
Effective: July 26, 2009
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.41. Firearms and Dangerous Weapons (Refs & Annos)
9.41.171. Alien possession of firearms--Requirements--Penalty
It is a class C felony for any person who is not a citizen of the United States to carry or possess any firearm, unless the person: (1) Is a lawful permanent resident; (2) has obtained a valid alien firearm license pursuant to RCW 9.41.173; or (3) meets the requirements of RCW 9.41.175.
CREDIT(S)
[2009 c 216 § 2, eff. July 26, 2009.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.41.173
Effective: July 26, 2009
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.41. Firearms and Dangerous Weapons (Refs & Annos)
9.41.173. Alien possession of firearms--Alien firearm license--Political subdivisions may not modify requirements--Penalty for false statement
(1) In order to obtain an alien firearm license, a nonimmigrant alien residing in Washington must apply to the sheriff of the county in which he or she resides.
(2) The sheriff of the county shall within sixty days after the filing of an application of a nonimmigrant alien residing in the state of Washington, issue an alien firearm license to such person to carry or possess a firearm for the purposes of hunting and sport shooting. The license shall be good for two years. The issuing authority shall not refuse to accept completed applications for alien firearm licenses during regular business hours. An application for a license may not be denied, unless the applicant's alien firearm license is in a revoked status, or the applicant:
(a) Is ineligible to possess a firearm under the provisions of RCW 9.41.040 or 9.41.045;
(b) Is subject to a court order or injunction regarding firearms pursuant to RCW 9A.46.080, 10.14.080, 10.99.040, 10.99.045, 26.09.050, 26.09.060, 26.10.040, 26.10.115, 26.26.130, 26.50.060, 26.50.070, or 26.26.590;
(c) Is free on bond or personal recognizance pending trial, appeal, or sentencing for a felony offense; or
(d) Has an outstanding warrant for his or her arrest from any court of competent jurisdiction for a felony or misdemeanor.
No license application shall be granted to a nonimmigrant alien convicted of a felony unless the person has been granted relief from disabilities by the attorney general under 18 U.S.C. Sec. 925(c), or unless RCW 9.41.040 (3) or (4) applies.
(3) The sheriff shall check with the national crime information center, the Washington state patrol electronic database, the department of social and health services electronic database, and with other agencies or resources as appropriate, to determine whether the applicant is ineligible under RCW 9.41.040 or 9.41.045 to possess a firearm.
(4) The license application shall bear the full name, residential address, telephone number at the option of the applicant, date and place of birth, race, gender, description, not more than two complete sets of fingerprints, and signature of the applicant, a copy of the applicant's passport and visa showing the applicant is in the country legally, and a valid Washington hunting license or documentation that the applicant is a member of a sport shooting club.
A signed application for an alien firearm license shall constitute a waiver of confidentiality and written request that the department of social and health services, mental health institutions, and other health care facilities release information relevant to the applicant's eligibility for an alien firearm license to an inquiring court or law enforcement agency.
The application for an original license shall include a complete set of fingerprints to be forwarded to the Washington state patrol.
The license and application shall contain a warning substantially as follows:
CAUTION: Although state and local laws do not differ, federal law and state law on the possession of firearms differ. If you are prohibited by federal law from possessing a firearm, you may be prosecuted in federal court. A state license is not a defense to a federal prosecution.
The license shall contain a description of the major differences between state and federal law and an explanation of the fact that local laws and ordinances on firearms are preempted by state law and must be consistent with state law. The application shall contain questions about the applicant's eligibility under RCW 9.41.040 to possess a firearm. The nonimmigrant alien applicant shall be required to produce a passport and visa as evidence of being in the country legally.
The license may be in triplicate or in a form to be prescribed by the department of licensing. The original thereof shall be delivered to the licensee, the duplicate shall within seven days be sent to the director of licensing and the triplicate shall be preserved for six years, by the authority issuing the license.
The department of licensing shall make available to law enforcement and corrections agencies, in an online format, all information received under this section.
(5) The sheriff has the authority to collect a nonrefundable fee, paid upon application, for the two-year license. The fee shall be fifty dollars plus additional charges imposed by the Washington state patrol and the federal bureau of investigation that are passed on to the applicant. No other state or local branch or unit of government may impose any additional charges on the applicant for the issuance of the license. The fee shall be retained by the sheriff.
(6) Payment shall be by cash, check, or money order at the option of the applicant. Additional methods of payment may be allowed at the option of the sheriff.
(7) A political subdivision of the state shall not modify the requirements of this section, nor may a political subdivision ask the applicant to voluntarily submit any information not required by this section.
(8) A person who knowingly makes a false statement regarding citizenship or identity on an application for an alien firearm license is guilty of false swearing under RCW 9A.72.040. In addition to any other penalty provided for by law, the alien firearm license of a person who knowingly makes a false statement shall be revoked, and the person shall be permanently ineligible for an alien firearm license.
CREDIT(S)
[2009 c 216 § 3, eff. July 26, 2009.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.41.175
Effective: July 26, 2009
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.41. Firearms and Dangerous Weapons (Refs & Annos)
9.41.175. Alien possession of firearms--Possession without license--Conditions
(1) A nonimmigrant alien, who is not a resident of Washington or a citizen of Canada, may carry or possess any firearm without having first obtained an alien firearm license if the nonimmigrant alien possesses:
(a) A valid passport and visa showing he or she is in the country legally;
(b) If required under federal law, an approved United States department of justice ATF-6 NIA application and permit for temporary importation of firearms and ammunition by nonimmigrant aliens; and
(c)(i) A valid hunting license issued by a state or territory of the United States; or
(ii) An invitation to participate in a trade show or sport shooting event being conducted in this state, another state, or another country that is contiguous with this state.
(2) A citizen of Canada may carry or possess any firearm so long as he or she possesses:
(a) Valid documentation as required for entry into the United States;
(b) If required under federal law, an approved United States department of justice ATF-6 NIA application and permit for temporary importation of firearms and ammunition by nonimmigrant aliens; and
(c)(i) A valid hunting license issued by a state or territory of the United States; or
(ii) An invitation to participate in a trade show or sport shooting event being conducted in this state, another state, or another country that is contiguous with this state.
(3) For purposes of subsections (1) and (2) of this section, the firearms may only be possessed for the purpose of using them in the hunting of game while such persons are in the act of hunting, or while on a hunting trip, or while such persons are competing in a bona fide trap or skeet shoot or any other organized contest where rifles, pistols, or shotguns are used. Nothing in this section shall be construed to allow aliens to hunt or fish in this state without first having obtained a regular hunting or fishing license.
CREDIT(S)
[2009 c 216 § 4, eff. July 26, 2009.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.41.180
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.41. Firearms and Dangerous Weapons (Refs & Annos)
9.41.180. Repealed by Laws 1994, 1st Sp.Sess., ch. 7, § 460, eff. July 1, 1994
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.41.185
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.41. Firearms and Dangerous Weapons (Refs & Annos)
9.41.185. Coyote getters
The
use of “coyote getters” or similar spring-triggered shell devices shall not
constitute a violation of any of the laws of the state of Washington when the
use of such “coyote getters” is authorized by the state department of
agriculture and/
CREDIT(S)
[1999 c 143 § 3; 1988 c 36 § 3; 1965 c 46 § 1.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.41.190
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.41. Firearms and Dangerous Weapons (Refs & Annos)
9.41.190. Unlawful firearms--Exceptions
(1) It is unlawful for any person to manufacture, own, buy, sell, loan, furnish, transport, or have in possession or under control, any machine gun, short-barreled shotgun, or short-barreled rifle; or any part designed and intended solely and exclusively for use in a machine gun, short-barreled shotgun, or short-barreled rifle, or in converting a weapon into a machine gun, short-barreled shotgun, or short-barreled rifle; or to assemble or repair any machine gun, short-barreled shotgun, or short-barreled rifle.
(2) This section shall not apply to:
(a) Any peace officer in the discharge of official duty or traveling to or from official duty, or to any officer or member of the armed forces of the United States or the state of Washington in the discharge of official duty or traveling to or from official duty; or
(b) A person, including an employee of such person if the employee has undergone fingerprinting and a background check, who or which is exempt from or licensed under federal law, and engaged in the production, manufacture, repair, or testing of machine guns, short-barreled shotguns, or short-barreled rifles:
(i) To be used or purchased by the armed forces of the United States;
(ii) To be used or purchased by federal, state, county, or municipal law enforcement agencies; or
(iii) For exportation in compliance with all applicable federal laws and regulations.
(3) It shall be an affirmative defense to a prosecution brought under this section that the machine gun, short-barreled shotgun, or short-barreled rifle was acquired prior to July 1, 1994, and is possessed in compliance with federal law.
(4) Any person violating this section is guilty of a class C felony.
CREDIT(S)
[1994 sp.s. c 7 § 420; 1982 1st ex.s. c 47 § 2; 1933 c 64 § 1; RRS § 2518-1.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.41.200
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.41. Firearms and Dangerous Weapons (Refs & Annos)
9.41.200. Repealed by Laws 1994, 1st Sp.Sess., ch. 7, § 460, eff. July 1, 1994
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.41.210
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.41. Firearms and Dangerous Weapons (Refs & Annos)
9.41.210. Repealed by Laws 1994, 1st Sp.Sess., ch. 7, § 460, eff. July 1, 1994
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.41.220
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.41. Firearms and Dangerous Weapons (Refs & Annos)
9.41.220. Unlawful firearms and parts contraband
All
machine guns, short-barreled shotguns, or short-barreled rifles, or any part
designed and intended solely and exclusively for use in a machine gun,
short-barreled shotgun, or short-barreled rifle, or in converting a weapon into
a machine gun, short-barreled shotgun, or short-barreled rifle, illegally held
or illegally possessed are hereby declared to be contraband, and it shall be the
duty of all peace officers, and/
CREDIT(S)
[1994 sp.s. c 7 § 421; 1933 c 64 § 4; RRS § 2518-4.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.41.225
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.41. Firearms and Dangerous Weapons (Refs & Annos)
9.41.225. Use of machine gun in felony--Penalty
It is unlawful for a person, in the commission or furtherance of a felony other than a violation of RCW 9.41.190, to discharge a machine gun or to menace or threaten with a machine gun, another person. A violation of this section shall be punished as a class A felony under chapter 9A.20 RCW.
CREDIT(S)
[1989 c 231 § 3.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.41.230
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.41. Firearms and Dangerous Weapons (Refs & Annos)
9.41.230. Aiming or discharging firearms, dangerous weapons
(1) For conduct not amounting to a violation of chapter 9A.36 RCW, any person who:
(a) Aims any firearm, whether loaded or not, at or towards any human being;
(b) Willfully discharges any firearm, air gun, or other weapon, or throws any deadly missile in a public place, or in any place where any person might be endangered thereby. A public place shall not include any location at which firearms are authorized to be lawfully discharged; or
(c) Except as provided in RCW 9.41.185, sets a so-called trap, spring pistol, rifle, or other dangerous weapon,
although no injury results, is guilty of a gross misdemeanor punishable under chapter 9A.20 RCW.
(2) If an injury results from a violation of subsection (1) of this section, the person violating subsection (1) of this section shall be subject to the applicable provisions of chapters 9A.32 and 9A.36 RCW.
CREDIT(S)
[1994 sp.s. c 7 § 422; 1909 c 249 § 307; 1888 p 100 §§ 2, 3; RRS § 2559.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.41.240
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.41. Firearms and Dangerous Weapons (Refs & Annos)
9.41.240. Possession of pistol by person from eighteen to twenty-one
Unless an exception under RCW 9.41.042, 9.41.050, or 9.41.060 applies, a person at least eighteen years of age, but less than twenty-one years of age, may possess a pistol only:
(1) In the person's place of abode;
(2) At the person's fixed place of business; or
(3) On real property under his or her control.
CREDIT(S)
[1994 sp.s. c 7 § 423; 1971 c 34 § 1; 1909 c 249 § 308; 1883 p 67 § 1; RRS § 2560.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.41.250
Effective: June 7, 2012
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.41. Firearms and Dangerous Weapons (Refs & Annos)
9.41.250. Dangerous weapons--Penalty
(1) Every person who:
(a) Manufactures, sells, or disposes of or possesses any instrument or weapon of the kind usually known as slung shot, sand club, or metal knuckles, or spring blade knife;
(b) Furtively carries with intent to conceal any dagger, dirk, pistol, or other dangerous weapon; or
(c) Uses any contrivance or device for suppressing the noise of any firearm unless the suppressor is legally registered and possessed in accordance with federal law,
is guilty of a gross misdemeanor punishable under chapter 9A.20 RCW.
(2) “Spring blade knife” means any knife, including a prototype, model, or other sample, with a blade that is automatically released by a spring mechanism or other mechanical device, or any knife having a blade which opens, or falls, or is ejected into position by the force of gravity, or by an outward, downward, or centrifugal thrust or movement. A knife that contains a spring, detent, or other mechanism designed to create a bias toward closure of the blade and that requires physical exertion applied to the blade by hand, wrist, or arm to overcome the bias toward closure to assist in opening the knife is not a spring blade knife.
CREDIT(S)
[2012 c 179 § 1, eff. June 7, 2012; 2011 c 13 § 1, eff. July 22, 2011; 2007 c 379 § 1, eff. July 22, 2007; 1994 sp.s. c 7 § 424; 1959 c 143 § 1; 1957 c 93 § 1; 1909 c 249 § 265; 1886 p 81 § 1; Code 1881 § 929; RRS § 2517.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.41.251
Effective: June 7, 2012
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.41. Firearms and Dangerous Weapons (Refs & Annos)
9.41.251. Dangerous weapons--Application of restrictions to law enforcement, firefighting, rescue, and military personnel
(1) RCW 9.41.250 does not apply to:
(a) The possession or use of a spring blade knife by a general authority law enforcement officer, firefighter or rescue member, Washington state patrol officer, or military member, while the officer or member:
(i) Is on official duty; or
(ii) Is transporting a spring blade knife to or from the place where the knife is stored when the officer or member is not on official duty; or
(iii) Is storing a spring blade knife;
(b) The manufacture, sale, transportation, transfer, distribution, or possession of spring blade knives pursuant to contract with a general authority law enforcement agency, fire or rescue agency, Washington state patrol, or military service, or pursuant to a contract with another manufacturer or a commercial distributor of knives for use, sale, or other disposition by the manufacturer or commercial distributor;
(c) The manufacture, transportation, transfer, distribution, or possession of spring blade knives, with or without compensation and with or without a contract, solely for trial, test, or other provisional use for evaluation and assessment purposes, by a general authority law enforcement agency, fire or rescue agency, Washington state patrol, military service, or a manufacturer or commercial distributor of knives.
(2) For the purposes of this section:
(a) “Military member” means an active member of the United States military or naval forces, or a Washington national guard member called to active duty or during training.
(b) “General law enforcement agency” means any agency, department, or division of a municipal corporation, political subdivision, or other unit of local government of this state or any other state, and any agency, department, or division of any state government, having as its primary function the detection and apprehension of persons committing infractions or violating the traffic or criminal laws in general.
(c) “General law enforcement officer” means any person who is commissioned and employed by an employer on a full-time, fully compensated basis to enforce the criminal laws of the state of Washington generally. No person who is serving in a position that is basically clerical or secretarial in nature, or who is not commissioned shall be considered a law enforcement officer.
(d) “Fire or rescue agency” means any agency, department, or division of a municipal corporation, political subdivision, or other unit of local government of this state or any other state, and any agency, department, or division of any state government, having as its primary function the prevention, control, or extinguishment of fire or provision of emergency medical services or rescue actions for persons.
(e) “Firefighter or rescue member” means any person who is serving on a full-time, fully compensated basis as a member of a fire or rescue agency to prevent, control, or extinguish fire or provide emergency medical services or rescue actions for persons. No person who is serving in a position that is basically clerical or secretarial in nature shall be considered a firefighter or rescue member.
(f) “Military service” means the active, reserve, or national guard components of the United States military, including the army, navy, air force, marines, and coast guard.
CREDIT(S)
[2012 c 179 § 2, eff. June 7, 2012.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.41.260
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.41. Firearms and Dangerous Weapons (Refs & Annos)
9.41.260. Dangerous exhibitions
Every proprietor, lessee, or occupant of any place of amusement, or any plat of ground or building, who allows it to be used for the exhibition of skill in throwing any sharp instrument or in shooting any bow gun or firearm of any description, at or toward any human being, is guilty of a misdemeanor punishable under chapter 9A.20 RCW.
CREDIT(S)
[1994 sp.s. c 7 § 425; 1909 c 249 § 283; RRS § 2535.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.41.270
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.41. Firearms and Dangerous Weapons (Refs & Annos)
9.41.270. Weapons apparently capable of producing bodily harm--Unlawful carrying or handling--Penalty--Exceptions
(1) It shall be unlawful for any person to carry, exhibit, display, or draw any firearm, dagger, sword, knife or other cutting or stabbing instrument, club, or any other weapon apparently capable of producing bodily harm, in a manner, under circumstances, and at a time and place that either manifests an intent to intimidate another or that warrants alarm for the safety of other persons.
(2) Any person violating the provisions of subsection (1) above shall be guilty of a gross misdemeanor. If any person is convicted of a violation of subsection (1) of this section, the person shall lose his or her concealed pistol license, if any. The court shall send notice of the revocation to the department of licensing, and the city, town, or county which issued the license.
(3) Subsection (1) of this section shall not apply to or affect the following:
(a) Any act committed by a person while in his or her place of abode or fixed place of business;
(b) Any person who by virtue of his or her office or public employment is vested by law with a duty to preserve public safety, maintain public order, or to make arrests for offenses, while in the performance of such duty;
(c) Any person acting for the purpose of protecting himself or herself against the use of presently threatened unlawful force by another, or for the purpose of protecting another against the use of such unlawful force by a third person;
(d) Any person making or assisting in making a lawful arrest for the commission of a felony; or
(e) Any person engaged in military activities sponsored by the federal or state governments.
CREDIT(S)
[1994 sp.s. c 7 § 426; 1969 c 8 § 1.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.41.280
Effective: July 26, 2009
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.41. Firearms and Dangerous Weapons (Refs & Annos)
9.41.280. Possessing dangerous weapons on school facilities--Penalty--Exceptions
(1) It is unlawful for a person to carry onto, or to possess on, public or private elementary or secondary school premises, school-provided transportation, or areas of facilities while being used exclusively by public or private schools:
(a) Any firearm;
(b) Any other dangerous weapon as defined in RCW 9.41.250;
(c) Any device commonly known as “nun-chu-ka sticks”, consisting of two or more lengths of wood, metal, plastic, or similar substance connected with wire, rope, or other means;
(d) Any device, commonly known as “throwing stars”, which are multi-pointed, metal objects designed to embed upon impact from any aspect;
(e) Any air gun, including any air pistol or air rifle, designed to propel a BB, pellet, or other projectile by the discharge of compressed air, carbon dioxide, or other gas; or
(f)(i) Any portable device manufactured to function as a weapon and which is commonly known as a stun gun, including a projectile stun gun which projects wired probes that are attached to the device that emit an electrical charge designed to administer to a person or an animal an electric shock, charge, or impulse; or
(ii) Any device, object, or instrument which is used or intended to be used as a weapon with the intent to injure a person by an electric shock, charge, or impulse.
(2) Any such person violating subsection (1) of this section is guilty of a gross misdemeanor. If any person is convicted of a violation of subsection (1)(a) of this section, the person shall have his or her concealed pistol license, if any revoked for a period of three years. Anyone convicted under this subsection is prohibited from applying for a concealed pistol license for a period of three years. The court shall send notice of the revocation to the department of licensing, and the city, town, or county which issued the license.
Any violation of subsection (1) of this section by elementary or secondary school students constitutes grounds for expulsion from the state's public schools in accordance with RCW 28A.600.010. An appropriate school authority shall promptly notify law enforcement and the student's parent or guardian regarding any allegation or indication of such violation.
Upon the arrest of a person at least twelve years of age and not more than twenty-one years of age for violating subsection (1)(a) of this section, the person shall be detained or confined in a juvenile or adult facility for up to seventy-two hours. The person shall not be released within the seventy-two hours until after the person has been examined and evaluated by the designated mental health professional unless the court in its discretion releases the person sooner after a determination regarding probable cause or on probation bond or bail.
Within twenty-four hours of the arrest, the arresting law enforcement agency shall refer the person to the designated mental health professional for examination and evaluation under chapter 71.05 or 71.34 RCW and inform a parent or guardian of the person of the arrest, detention, and examination. The designated mental health professional shall examine and evaluate the person subject to the provisions of chapter 71.05 or 71.34 RCW. The examination shall occur at the facility in which the person is detained or confined. If the person has been released on probation, bond, or bail, the examination shall occur wherever is appropriate.
The designated mental health professional may determine whether to refer the person to the county-designated chemical dependency specialist for examination and evaluation in accordance with chapter 70.96A RCW. The county-designated chemical dependency specialist shall examine the person subject to the provisions of chapter 70.96A RCW. The examination shall occur at the facility in which the person is detained or confined. If the person has been released on probation, bond, or bail, the examination shall occur wherever is appropriate.
Upon completion of any examination by the designated mental health professional or the county-designated chemical dependency specialist, the results of the examination shall be sent to the court, and the court shall consider those results in making any determination about the person.
The designated mental health professional and county-designated chemical dependency specialist shall, to the extent permitted by law, notify a parent or guardian of the person that an examination and evaluation has taken place and the results of the examination. Nothing in this subsection prohibits the delivery of additional, appropriate mental health examinations to the person while the person is detained or confined.
If the designated mental health professional determines it is appropriate, the designated mental health professional may refer the person to the local regional support network for follow-up services or the department of social and health services or other community providers for other services to the family and individual.
(3) Subsection (1) of this section does not apply to:
(a) Any student or employee of a private military academy when on the property of the academy;
(b) Any person engaged in military, law enforcement, or school district security activities. However, a person who is not a commissioned law enforcement officer and who provides school security services under the direction of a school administrator may not possess a device listed in subsection (1)(f) of this section unless he or she has successfully completed training in the use of such devices that is equivalent to the training received by commissioned law enforcement officers;
(c) Any person who is involved in a convention, showing, demonstration, lecture, or firearms safety course authorized by school authorities in which the firearms of collectors or instructors are handled or displayed;
(d) Any person while the person is participating in a firearms or air gun competition approved by the school or school district;
(e) Any person in possession of a pistol who has been issued a license under RCW 9.41.070, or is exempt from the licensing requirement by RCW 9.41.060, while picking up or dropping off a student;
(f) Any nonstudent at least eighteen years of age legally in possession of a firearm or dangerous weapon that is secured within an attended vehicle or concealed from view within a locked unattended vehicle while conducting legitimate business at the school;
(g) Any nonstudent at least eighteen years of age who is in lawful possession of an unloaded firearm, secured in a vehicle while conducting legitimate business at the school; or
(h) Any law enforcement officer of the federal, state, or local government agency.
(4) Subsections (1)(c) and (d) of this section do not apply to any person who possesses nun-chu-ka sticks, throwing stars, or other dangerous weapons to be used in martial arts classes authorized to be conducted on the school premises.
(5) Subsection (1)(f)(i) of this section does not apply to any person who possesses a device listed in subsection (1)(f)(i) of this section, if the device is possessed and used solely for the purpose approved by a school for use in a school authorized event, lecture, or activity conducted on the school premises.
(6) Except as provided in subsection (3)(b), (c), (f), and (h) of this section, firearms are not permitted in a public or private school building.
(7) “GUN-FREE ZONE” signs shall be posted around school facilities giving warning of the prohibition of the possession of firearms on school grounds.
CREDIT(S)
[2009 c 453 § 1, eff. July 26, 2009; 1999 c 167 § 1; 1996 c 295 § 13; 1995 c 87 § 1; 1994 sp.s. c 7 § 427; 1993 c 347 § 1; 1989 c 219 § 1; 1982 1st ex.s. c 47 § 4.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.41.290
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.41. Firearms and Dangerous Weapons (Refs & Annos)
9.41.290. State preemption
The state of Washington hereby fully occupies and preempts the entire field of firearms regulation within the boundaries of the state, including the registration, licensing, possession, purchase, sale, acquisition, transfer, discharge, and transportation of firearms, or any other element relating to firearms or parts thereof, including ammunition and reloader components. Cities, towns, and counties or other municipalities may enact only those laws and ordinances relating to firearms that are specifically authorized by state law, as in RCW 9.41.300, and are consistent with this chapter. Such local ordinances shall have the same penalty as provided for by state law. Local laws and ordinances that are inconsistent with, more restrictive than, or exceed the requirements of state law shall not be enacted and are preempted and repealed, regardless of the nature of the code, charter, or home rule status of such city, town, county, or municipality.
CREDIT(S)
[1994 sp.s. c 7 § 428; 1985 c 428 § 1; 1983 c 232 § 12.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.41.300
Effective: July 22, 2011
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.41. Firearms and Dangerous Weapons (Refs & Annos)
9.41.300. Weapons prohibited in certain places--Local laws and ordinances--Exceptions--Penalty
(1) It is unlawful for any person to enter the following places when he or she knowingly possesses or knowingly has under his or her control a weapon:
(a) The restricted access areas of a jail, or of a law enforcement facility, or any place used for the confinement of a person (i) arrested for, charged with, or convicted of an offense, (ii) held for extradition or as a material witness, or (iii) otherwise confined pursuant to an order of a court, except an order under chapter 13.32A or 13.34 RCW. Restricted access areas do not include common areas of egress or ingress open to the general public;
(b) Those areas in any building which are used in connection with court proceedings, including courtrooms, jury rooms, judge's chambers, offices and areas used to conduct court business, waiting areas, and corridors adjacent to areas used in connection with court proceedings. The restricted areas do not include common areas of ingress and egress to the building that is used in connection with court proceedings, when it is possible to protect court areas without restricting ingress and egress to the building. The restricted areas shall be the minimum necessary to fulfill the objective of this subsection (1)(b).
For purposes of this subsection (1)(b), “weapon” means any firearm, explosive as defined in RCW 70.74.010, or any weapon of the kind usually known as slung shot, sand club, or metal knuckles, or any knife, dagger, dirk, or other similar weapon that is capable of causing death or bodily injury and is commonly used with the intent to cause death or bodily injury.
In addition, the local legislative authority shall provide either a stationary locked box sufficient in size for pistols and key to a weapon owner for weapon storage, or shall designate an official to receive weapons for safekeeping, during the owner's visit to restricted areas of the building. The locked box or designated official shall be located within the same building used in connection with court proceedings. The local legislative authority shall be liable for any negligence causing damage to or loss of a weapon either placed in a locked box or left with an official during the owner's visit to restricted areas of the building.
The local judicial authority shall designate and clearly mark those areas where weapons are prohibited, and shall post notices at each entrance to the building of the prohibition against weapons in the restricted areas;
(c) The restricted access areas of a public mental health facility certified by the department of social and health services for inpatient hospital care and state institutions for the care of the mentally ill, excluding those facilities solely for evaluation and treatment. Restricted access areas do not include common areas of egress and ingress open to the general public;
(d) That portion of an establishment classified by the state liquor control board as off-limits to persons under twenty-one years of age; or
(e) The restricted access areas of a commercial service airport designated in the airport security plan approved by the federal transportation security administration, including passenger screening checkpoints at or beyond the point at which a passenger initiates the screening process. These areas do not include airport drives, general parking areas and walkways, and shops and areas of the terminal that are outside the screening checkpoints and that are normally open to unscreened passengers or visitors to the airport. Any restricted access area shall be clearly indicated by prominent signs indicating that firearms and other weapons are prohibited in the area.
(2) Cities, towns, counties, and other municipalities may enact laws and ordinances:
(a) Restricting the discharge of firearms in any portion of their respective jurisdictions where there is a reasonable likelihood that humans, domestic animals, or property will be jeopardized. Such laws and ordinances shall not abridge the right of the individual guaranteed by Article I, section 24 of the state Constitution to bear arms in defense of self or others; and
(b) Restricting the possession of firearms in any stadium or convention center, operated by a city, town, county, or other municipality, except that such restrictions shall not apply to:
(i) Any pistol in the possession of a person licensed under RCW 9.41.070 or exempt from the licensing requirement by RCW 9.41.060; or
(ii) Any showing, demonstration, or lecture involving the exhibition of firearms.
(3)(a) Cities, towns, and counties may enact ordinances restricting the areas in their respective jurisdictions in which firearms may be sold, but, except as provided in (b) of this subsection, a business selling firearms may not be treated more restrictively than other businesses located within the same zone. An ordinance requiring the cessation of business within a zone shall not have a shorter grandfather period for businesses selling firearms than for any other businesses within the zone.
(b) Cities, towns, and counties may restrict the location of a business selling firearms to not less than five hundred feet from primary or secondary school grounds, if the business has a storefront, has hours during which it is open for business, and posts advertisements or signs observable to passersby that firearms are available for sale. A business selling firearms that exists as of the date a restriction is enacted under this subsection (3)(b) shall be grandfathered according to existing law.
(4) Violations of local ordinances adopted under subsection (2) of this section must have the same penalty as provided for by state law.
(5) The perimeter of the premises of any specific location covered by subsection (1) of this section shall be posted at reasonable intervals to alert the public as to the existence of any law restricting the possession of firearms on the premises.
(6) Subsection (1) of this section does not apply to:
(a) A person engaged in military activities sponsored by the federal or state governments, while engaged in official duties;
(b) Law enforcement personnel, except that subsection (1)(b) of this section does apply to a law enforcement officer who is present at a courthouse building as a party to an action under chapter 10.14, 10.99, or 26.50 RCW, or an action under Title 26 RCW where any party has alleged the existence of domestic violence as defined in RCW 26.50.010; or
(c) Security personnel while engaged in official duties.
(7) Subsection (1)(a), (b), (c), and (e) of this section does not apply to correctional personnel or community corrections officers, as long as they are employed as such, who have completed government-sponsored law enforcement firearms training, except that subsection (1)(b) of this section does apply to a correctional employee or community corrections officer who is present at a courthouse building as a party to an action under chapter 10. 14, 10.99, or 26.50 RCW, or an action under Title 26 RCW where any party has alleged the existence of domestic violence as defined in RCW 26.50.010.
(8) Subsection (1)(a) of this section does not apply to a person licensed pursuant to RCW 9.41.070 who, upon entering the place or facility, directly and promptly proceeds to the administrator of the facility or the administrator's designee and obtains written permission to possess the firearm while on the premises or checks his or her firearm. The person may reclaim the firearms upon leaving but must immediately and directly depart from the place or facility.
(9) Subsection (1)(c) of this section does not apply to any administrator or employee of the facility or to any person who, upon entering the place or facility, directly and promptly proceeds to the administrator of the facility or the administrator's designee and obtains written permission to possess the firearm while on the premises.
(10) Subsection (1)(d) of this section does not apply to the proprietor of the premises or his or her employees while engaged in their employment.
(11) Government-sponsored law enforcement firearms training must be training that correctional personnel and community corrections officers receive as part of their job requirement and reference to such training does not constitute a mandate that it be provided by the correctional facility.
(12) Any person violating subsection (1) of this section is guilty of a gross misdemeanor.
(13) “Weapon” as used in this section means any firearm, explosive as defined in RCW 70.74.010, or instrument or weapon listed in RCW 9.41.250.
CREDIT(S)
[2011 c 221 § 2, eff. July 22, 2011; 2008 c 33 § 1, eff. June 12, 2008. Prior: 2004 c 116 § 1, eff. June 10, 2004; 2004 c 16 § 1, eff. June 10, 2004; 1994 sp.s. c 7 § 429; 1993 c 396 § 1; 1985 c 428 § 2.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.41.310
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.41. Firearms and Dangerous Weapons (Refs & Annos)
9.41.310. Information pamphlet
After a public hearing, the department of fish and wildlife shall publish a pamphlet on firearms safety and the legal limits of the use of firearms. The pamphlet shall include current information on firearms laws and regulations and state preemption of local firearms laws. This pamphlet may be used in the department's hunter safety education program and shall be provided to the department of licensing for distribution to firearms dealers and persons authorized to issue concealed pistol licenses. The department of fish and wildlife shall reimburse the department of licensing for costs associated with distribution of the pamphlet.
CREDIT(S)
[1994 c 264 § 2; 1988 c 36 § 4; 1985 c 428 § 5.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.41.320
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.41. Firearms and Dangerous Weapons (Refs & Annos)
9.41.320. Fireworks
Nothing in this chapter shall prohibit the possession, sale, or use of fireworks when possessed, sold, or used in compliance with chapter 70.77 RCW.
CREDIT(S)
[1994 c 133 § 16.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.41.800
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.41. Firearms and Dangerous Weapons (Refs & Annos)
9.41.800. Surrender of weapons or licenses--Prohibition on future possession or licensing
(1) Any court when entering an order authorized under RCW 9A.46.080, 10.14.080, 10.99.040, 10.99.045, 26.09.050, 26.09.060, 26.10.040, 26.10.115, 26.26.130, 26.50.060, 26.50.070, or 26.26.590 shall, upon a showing by clear and convincing evidence, that a party has: Used, displayed, or threatened to use a firearm or other dangerous weapon in a felony, or previously committed any offense that makes him or her ineligible to possess a firearm under the provisions of RCW 9.41.040:
(a) Require the party to surrender any firearm or other dangerous weapon;
(b) Require the party to surrender any concealed pistol license issued under RCW 9.41.070;
(c) Prohibit the party from obtaining or possessing a firearm or other dangerous weapon;
(d) Prohibit the party from obtaining or possessing a concealed pistol license.
(2) Any court when entering an order authorized under RCW 9A.46.080, 10.14.080, 10.99.040, 10.99.045, 26.09.050, 26.09.060, 26.10.040, 26.10.115, 26.26.130, 26.50.060, 26.50.070, or 26.26.590 may, upon a showing by a preponderance of the evidence but not by clear and convincing evidence, that a party has: Used, displayed, or threatened to use a firearm or other dangerous weapon in a felony, or previously committed any offense that makes him or her ineligible to possess a pistol under the provisions of RCW 9.41.040:
(a) Require the party to surrender any firearm or other dangerous weapon;
(b) Require the party to surrender a concealed pistol license issued under RCW 9.41.070;
(c) Prohibit the party from obtaining or possessing a firearm or other dangerous weapon;
(d) Prohibit the party from obtaining or possessing a concealed pistol license.
(3) The court may order temporary surrender of a firearm or other dangerous weapon without notice to the other party if it finds, on the basis of the moving affidavit or other evidence, that irreparable injury could result if an order is not issued until the time for response has elapsed.
(4) In addition to the provisions of subsections (1), (2), and (3) of this section, the court may enter an order requiring a party to comply with the provisions in subsection (1) of this section if it finds that the possession of a firearm or other dangerous weapon by any party presents a serious and imminent threat to public health or safety, or to the health or safety of any individual.
(5) The requirements of subsections (1), (2), and (4) of this section may be for a period of time less than the duration of the order.
(6) The court may require the party to surrender any firearm or other dangerous weapon in his or her immediate possession or control or subject to his or her immediate possession or control to the sheriff of the county having jurisdiction of the proceeding, the chief of police of the municipality having jurisdiction, or to the restrained or enjoined party's counsel or to any person designated by the court.
CREDIT(S)
[2002 c 302 § 704; 1996 c 295 § 14; 1994 sp.s. c 7 § 430.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.41.810
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.41. Firearms and Dangerous Weapons (Refs & Annos)
9.41.810. Penalty
Any violation of any provision of this chapter, except as otherwise provided, shall be a misdemeanor and punishable accordingly.
CREDIT(S)
[1984 c 258 § 312; 1983 c 232 § 11; 1983 c 3 § 7; 1961 c 124 § 12; 1935 c 172 § 16; RRS § 2516-16. Formerly RCW 9.41.160.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.44.010
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.44. Petition Misconduct
9.44.010 to 9.44.070. Repealed by Laws 1975, 1st Ex.Sess., ch. 260, § 9A.92.010, eff. July 1, 1976
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.44.070
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.44. Petition Misconduct
9.44.010 to 9.44.070. Repealed by Laws 1975, 1st Ex.Sess., ch. 260, § 9A.92.010, eff. July 1, 1976
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.44.080
Effective: July 22, 2011
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.44. Petition Misconduct
9.44.080. Misconduct in signing a petition
In a situation not covered by RCW 29A.84.220, 29A.84.230, 29A.84.240, or 29A.84.250, every person who shall willfully sign the name of another person or of a fictitious person, or for any consideration, gratuity or reward shall sign his or her own name to or withdraw his or her name from any referendum or other petition circulated in pursuance of any law of this state or any municipal ordinance; or in signing his or her name to such petition shall willfully subscribe to any false statement concerning his or her age, citizenship, residence or other qualifications to sign the same; or knowing that any such petition contains any such false or wrongful signature or statement, shall file the same, or put the same off with intent that it should be filed, as a true and genuine petition, shall be guilty of a misdemeanor.
CREDIT(S)
[2011 c 336 § 297, eff. July 22, 2011; 1999 c 143 § 4; 1909 c 249 § 337; RRS § 2589.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.44.090
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.44. Petition Misconduct
9.44.090. Recodified as § 9.24.010
Current with 2013 Legislation effective through June 7, 2013
West's RCWA T. 9, Ch. 9.45, Refs & Annos
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments
Chapter 9.45. Frauds and Swindles
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.45.010
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.45. Frauds and Swindles (Refs & Annos)
9.45.010. Repealed by Laws 1975, 1st Ex.Sess., ch. 260, § 9A.92.010, eff. July 1, 1976
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.45.020
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.45. Frauds and Swindles (Refs & Annos)
9.45.020. Substitution of child
Every person to whom a child has been confided for nursing, education or any other purpose, who, with intent to deceive a person, guardian or relative of such child, shall substitute or produce to such parent, guardian or relative, another child or person in the place of the child so confided, is guilty of a class B felony and shall be punished by imprisonment in a state correctional facility for not more than ten years.
CREDIT(S)
[2003 c 53 § 29, eff. July 1, 2004; 1992 c 7 § 9; 1909 c 249 § 123; RRS § 2375.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.45.030
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.45. Frauds and Swindles (Refs & Annos)
9.45.030. Repealed by Laws 1975, 1st Ex.Sess., ch. 260, § 9A.92.010, eff. July 1, 1976
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.45.040
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.45. Frauds and Swindles (Refs & Annos)
9.45.040. Repealed by Laws 1987, ch. 456, § 32
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.45.050
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.45. Frauds and Swindles (Refs & Annos)
9.45.050. Repealed by Laws 1975, 1st Ex.Sess., ch. 260, § 9A.92.010, eff. July 1, 1976
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.45.060
Effective: July 22, 2011
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.45. Frauds and Swindles (Refs & Annos)
9.45.060. Encumbered, leased, or rented personal property--Construction
Every person being in possession thereof, who shall sell, remove, conceal, convert to his or her own use, or destroy or connive at or consent to the sale, removal, conversion, concealment, or destruction of any personal property or any part thereof, upon which a security agreement, mortgage, lien, conditional sales contract, rental agreement, or lease exists, with intent to hinder, delay, or defraud the secured party of such security agreement, or the holder of such mortgage, lien, or conditional sales contract or the lessor under such lease or rentor under such rental agreement, or any assignee of such security agreement, mortgage, lien, conditional sales contract, rental agreement or lease shall be guilty of a gross misdemeanor.
In any prosecution under this section any allegation containing a description of the security agreement, mortgage, lien, conditional sales contract, rental agreement, or lease by reference to the date thereof and names of the parties thereto, shall be sufficiently definite and certain.
The provisions of this section shall be cumulative and nonexclusive and shall not affect any other criminal provision.
CREDIT(S)
[2011 c 336 § 298, eff. July 22, 2011; 1971 c 61 § 1; 1965 ex.s. c 109 § 1; 1909 c 249 § 377; RRS § 2629.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.45.062
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.45. Frauds and Swindles (Refs & Annos)
9.45.062. Repealed by Laws 1997, ch. 346, § 4
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.45.070
Effective: July 22, 2011
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.45. Frauds and Swindles (Refs & Annos)
9.45.070. Mock auctions
Every person who shall obtain any money or property from another or shall obtain the signature of another to any writing the false making of which would be forgery, by color or aid of any false or fraudulent sale of property or pretended sale of property by auction, or by any of the practices known as mock auction, shall be punished by imprisonment in a state correctional facility for not more than five years or in the county jail for up to three hundred sixty-four days, or by a fine of not more than one thousand dollars, or by both fine and imprisonment.
Every person who shall buy or sell or pretend to buy or sell any goods, wares or merchandise, exposed to sale by auction, if an actual sale, purchase and change of ownership therein does not thereupon take place, shall be guilty of a misdemeanor.
CREDIT(S)
[2011 c 96 § 6, eff. July 22, 2011; 1992 c 7 § 10; 1909 c 249 § 378; RRS § 2630.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.45.080
Effective: July 22, 2011
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.45. Frauds and Swindles (Refs & Annos)
9.45.080. Fraudulent removal of property
Every person who, with intent to defraud a prior or subsequent purchaser thereof, or prevent any of his or her property being made liable for the payment of any of his or her debts, or levied upon by an execution or warrant of attachment, shall remove any of his or her property, or secrete, assign, convey, or otherwise dispose of the same, or with intent to defraud a creditor shall remove, secrete, assign, convey, or otherwise dispose of any of his or her books or accounts, vouchers or writings in any way relating to his or her business affairs, or destroy, obliterate, alter, or erase any of such books of account, accounts, vouchers, or writing or any entry, memorandum, or minute therein contained, shall be guilty of a gross misdemeanor.
CREDIT(S)
[2011 c 336 § 299, eff. July 22, 2011; 1909 c 249 § 379; RRS § 2631.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.45.090
Effective: July 22, 2011
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.45. Frauds and Swindles (Refs & Annos)
9.45.090. Knowingly receiving fraudulent conveyance
Every person who shall receive any property or conveyance thereof from another, knowing that the same is transferred or delivered to him or her in violation of, or with the intent to violate RCW 9.45.080, shall be guilty of a misdemeanor.
CREDIT(S)
[2011 c 336 § 300, eff. July 22, 2011; 1909 c 249 § 380; RRS § 2632.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.45.100
Effective: July 22, 2011
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.45. Frauds and Swindles (Refs & Annos)
9.45.100. Fraud in assignment for benefit of creditors
Every person who, having made, or being about to make, a general assignment of his or her property to pay his or her debts, shall by color or aid of any false or fraudulent representation, pretense, token, or writing induce any creditor to participate in the benefits of such assignments, or to give any release or discharge of his or her claim or any part thereof, or shall connive at the payment in whole or in part of any false, fraudulent or fictitious claim, shall be guilty of a gross misdemeanor.
CREDIT(S)
[2011 c 336 § 301, eff. July 22, 2011; 1909 c 249 § 381; RRS § 2633.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.45.110
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.45. Frauds and Swindles (Refs & Annos)
9.45.110. Recodified as § 9.91.090
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.45.120
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.45. Frauds and Swindles (Refs & Annos)
9.45.120. Repealed by Laws 1987, ch. 456, § 32
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.45.122
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.45. Frauds and Swindles (Refs & Annos)
9.45.122. Measurement of commodities--Public policy
Because of the widespread importance to the marketing of goods, raw materials, and agricultural products such as, but not limited to, grains, timber, logs, wood chips, scrap metal, oil, gas, petroleum products, coal, fish and other commodities, that qualitative and quantitative measurements of such goods, materials and products be accurately and honestly made, it is declared to be the public policy of this state that certain conduct with respect to said measurement be declared unlawful.
CREDIT(S)
[1967 c 200 § 1.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.45.124
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.45. Frauds and Swindles (Refs & Annos)
9.45.124. Measurement of commodities--Measuring inaccurately--Altering measuring devices--Penalty
Every person, corporation, or association whether profit or nonprofit, who shall ask or receive, or conspire to ask or receive, directly or indirectly, any compensation, gratuity, or reward or any promise thereof, on any agreement or understanding that he or she shall (1) intentionally make an inaccurate visual or mechanical measurement or an intentionally inaccurate recording of any visual or mechanical measurement of goods, raw materials, and agricultural products (whether severed or unsevered from the land) which he or she has or will have the duty to measure, or shall (2) intentionally change, alter or affect, for the purpose of making an inaccurate measurement, any equipment or other device which is designed to measure, either qualitatively or quantitatively, such goods, raw materials, and agricultural products, or shall intentionally alter the recordation of such measurements, is guilty of a class B felony, punishable by imprisonment in a state correctional facility for not more than ten years, or by a fine of not more than five thousand dollars, or both.
CREDIT(S)
[2003 c 53 § 30, eff. July 1, 2004; 1992 c 7 § 11; 1967 c 200 § 2.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.45.126
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.45. Frauds and Swindles (Refs & Annos)
9.45.126. Measurement of commodities--Inducing violations--Penalty
Every person who shall give, offer or promise, or conspire to give, offer or promise, directly or indirectly, any compensation, gratuity or reward to any person, corporation, independent contractor, or agent, employee or servant thereof with intent to violate RCW 9.45.124, is guilty of a class B felony, punishable by imprisonment in a state correctional facility for not more than ten years, or by a fine of not more than five thousand dollars, or both.
CREDIT(S)
[2003 c 53 § 31, eff. July 1, 2004; 1992 c 7 § 12; 1967 c 200 § 3.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.45.130
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.45. Frauds and Swindles (Refs & Annos)
9.45.130. Recodified as § 9.24.040
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.45.140
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.45. Frauds and Swindles (Refs & Annos)
9.45.140. Recodified as § 9.24.030
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.45.150
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.45. Frauds and Swindles (Refs & Annos)
9.45.150. Repealed by Laws 1987, ch. 456, § 32
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.45.160
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.45. Frauds and Swindles (Refs & Annos)
9.45.160. Fraud in liquor warehouse receipts
It shall be unlawful for any person, firm, association or corporation to make, utter, circulate, sell or offer for sale any certificate of any warehouse, distillery or depository for intoxicating liquors unless the identical liquor mentioned in such certificate is in the possession of the warehouse, distillery or depository mentioned in such certificate fully paid for, so that the owners and holder of such certificate will be entitled to obtain such intoxicating liquors without the payment of any additional sum except the tax of the government and the tax of the state, county and city in which such warehouse, distillery or depository may be located, and any storage charges.
CREDIT(S)
[1909 c 202 § 1. No RRS.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.45.170
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.45. Frauds and Swindles (Refs & Annos)
9.45.170. Penalty
Any person violating any of the provisions of RCW 9.45.160, shall, upon conviction thereof, be punished by imprisonment in the penitentiary for not more than five years nor less than one year, or imprisonment in the county jail for any length of time not exceeding one year.
CREDIT(S)
[1909 c 202 § 2. No RRS.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.45.180
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.45. Frauds and Swindles (Refs & Annos)
9.45.180. Recodified as § 9.26A.120 by Laws 1990, ch. 11, § 5
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.45.190
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.45. Frauds and Swindles (Refs & Annos)
9.45.190. Recodified as § 9.26A.130 by Laws 1990, ch. 11, § 5
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.45.200
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.45. Frauds and Swindles (Refs & Annos)
9.45.200. Repealed by Laws 1975, 1st Ex.Sess., ch. 260, § 9A.92.010, eff. July 1, 1976
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.45.210
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.45. Frauds and Swindles (Refs & Annos)
9.45.210. Altering sample or certificate of assay
Any person who shall interfere with or in any manner change samples of ores or bullion produced for sampling, or change or alter samples or packages of ores or bullion which have been purchased for assaying, or who shall change or alter any certificate of sampling or assaying, with intent to cheat, wrong or defraud, is guilty of a class C felony, punishable by imprisonment in a state correctional facility for not less than one year nor more than five years, or by a fine of not less than fifty nor more than one thousand dollars, or by both such fine and imprisonment.
CREDIT(S)
[2003 c 53 § 32, eff. July 1, 2004; 1890 p 99 § 2; RRS § 2712.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.45.220
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.45. Frauds and Swindles (Refs & Annos)
9.45.220. Making false sample or assay of ore
Any person who shall, with intent to cheat, wrong or defraud, make or publish a false sample of ore or bullion, or who shall make or publish or cause to be published a false assay of ore or bullion, is guilty of a class C felony, punishable by imprisonment in a state correctional facility for not less than one year nor more than five years, or by a fine of not less than fifty nor more than one thousand dollars, or by both such fine and imprisonment.
CREDIT(S)
[2003 c 53 § 33, eff. July 1, 2004; 1890 p 99 § 3; RRS § 2713.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.45.230
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.45. Frauds and Swindles (Refs & Annos)
9.45.230. Repealed by Laws 2003, ch. 53, § 421, eff. July 1, 2004
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.45.240
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.45. Frauds and Swindles (Refs & Annos)
9.45.240. Recodified as § 9.26A.110 by Laws 1990, ch. 11, § 5
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.45.250
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.45. Frauds and Swindles (Refs & Annos)
9.45.250. Repealed by Laws 1985, ch. 430, § 6
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.45.260
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.45. Frauds and Swindles (Refs & Annos)
9.45.260. Fire protection sprinkler system contractors--Wrongful acts
Any fire protection sprinkler system contractor, defined under RCW 18.160.010, who willfully and maliciously constructs, installs, or maintains a fire protection sprinkler system in any structure so as to threaten the safety of any occupant or user of the structure in the event of a fire, is guilty of a class C felony. This section may not be construed to create any criminal liability for a prime contractor or an owner of a structure unless it is proved that the prime contractor or owner had actual knowledge of an illegal construction, installation, or maintenance of a fire protection sprinkler system by a fire protection sprinkler system contractor.
CREDIT(S)
[1992 c 116 § 1.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.45.270
Effective: June 7, 2006
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.45. Frauds and Swindles (Refs & Annos)
9.45.270. Fraudulent filing of vehicle report of sale
Every person who files a vehicle report of sale without the knowledge of the transferee shall be guilty of fraudulent filing of vehicle report of sale and shall be punished as follows:
(1) Where the victim incurred damages in an amount less than two hundred fifty dollars, the defendant is guilty of a gross misdemeanor.
(2) Where the victim incurred damages in an amount exceeding two hundred fifty dollars, the defendant is guilty of a class C felony.
(3) Where the victim incurred damages in an amount exceeding one thousand five hundred dollars, the defendant is guilty of a class B felony.
CREDIT(S)
[2006 c 291 § 1, eff. June 7, 2006.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA T. 9, Ch. 9.46, Refs & Annos
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments
Chapter 9.46. Gambling--1973 Act
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.46.010
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.46. Gambling--1973 Act (Refs & Annos)
9.46.010. Legislative declaration
The public policy of the state of Washington on gambling is to keep the criminal element out of gambling and to promote the social welfare of the people by limiting the nature and scope of gambling activities and by strict regulation and control.
It is hereby declared to be the policy of the legislature, recognizing the close relationship between professional gambling and organized crime, to restrain all persons from seeking profit from professional gambling activities in this state; to restrain all persons from patronizing such professional gambling activities; to safeguard the public against the evils induced by common gamblers and common gambling houses engaged in professional gambling; and at the same time, both to preserve the freedom of the press and to avoid restricting participation by individuals in activities and social pastimes, which activities and social pastimes are more for amusement rather than for profit, do not maliciously affect the public, and do not breach the peace.
The legislature further declares that the raising of funds for the promotion of bona fide charitable or nonprofit organizations is in the public interest as is participation in such activities and social pastimes as are hereinafter in this chapter authorized.
The legislature further declares that the conducting of bingo, raffles, and amusement games and the operation of punchboards, pull-tabs, card games and other social pastimes, when conducted pursuant to the provisions of this chapter and any rules and regulations adopted pursuant thereto, are hereby authorized, as are only such lotteries for which no valuable consideration has been paid or agreed to be paid as hereinafter in this chapter provided.
The legislature further declares that fishing derbies shall not constitute any form of gambling and shall not be considered as a lottery, a raffle, or an amusement game and shall not be subject to the provisions of this chapter or any rules and regulations adopted hereunder.
The legislature further declares that raffles authorized by the fish and wildlife commission involving hunting big game animals or wild turkeys shall not be subject to the provisions of this chapter or any rules and regulations adopted hereunder, with the exception of this section and RCW 9.46.400.
All factors incident to the activities authorized in this chapter shall be closely controlled, and the provisions of this chapter shall be liberally construed to achieve such end.
CREDIT(S)
[1996 c 101 § 2; 1994 c 218 § 2; 1975 1st ex.s. c 259 § 1; 1974 ex.s. c 155 § 1; 1974 ex.s. c 135 § 1; 1973 1st ex.s. c 218 § 1.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.46.020
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.46. Gambling--1973 Act (Refs & Annos)
9.46.020. Repealed by Laws 1987, ch. 4, § 47, eff. March 16, 1987
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.46.0201
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.46. Gambling--1973 Act (Refs & Annos)
9.46.0201. “Amusement game”
“Amusement game,” as used in this chapter, means a game played for entertainment in which:
(1) The contestant actively participates;
(2) The outcome depends in a material degree upon the skill of the contestant;
(3) Only merchandise prizes are awarded;
(4) The outcome is not in the control of the operator;
(5) The wagers are placed, the winners are determined, and a distribution of prizes or property is made in the presence of all persons placing wagers at such game; and
(6) Said game is conducted or operated by any agricultural fair, person, association, or organization in such manner and at such locations as may be authorized by rules and regulations adopted by the commission pursuant to this chapter as now or hereafter amended.
Cake walks as commonly known and fish ponds as commonly known shall be treated as amusement games for all purposes under this chapter.
CREDIT(S)
[1987 c 4 § 2. Formerly RCW 9.46.020(1), part.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.46.0205
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.46. Gambling--1973 Act (Refs & Annos)
9.46.0205. “Bingo”
“Bingo,” as used in this chapter, means a game conducted only in the county within which the organization is principally located in which prizes are awarded on the basis of designated numbers or symbols on a card conforming to numbers or symbols selected at random and in which no cards are sold except at the time and place of said game, when said game is conducted by a bona fide charitable or nonprofit organization , or if an agricultural fair authorized under chapters 15.76 and 36.37 RCW, which does not conduct bingo on more than twelve consecutive days in any calendar year, and except in the case of any agricultural fair as authorized under chapters 15.76 and 36.37 RCW, no person other than a bona fide member or an employee of said organization takes any part in the management or operation of said game, and no person who takes any part in the management or operation of said game takes any part in the management or operation of any game conducted by any other organization or any other branch of the same organization, unless approved by the commission, and no part of the proceeds thereof inure to the benefit of any person other than the organization conducting said game. For the purposes of this section, the organization shall be deemed to be principally located in the county within which it has its primary business office. If the organization has no business office, the organization shall be deemed to be located in the county of principal residence of its chief executive officer: PROVIDED, That any organization which is conducting any licensed and established bingo game in any locale as of January 1, 1981, shall be exempt from the requirement that such game be conducted in the county in which the organization is principally located.
CREDIT(S)
[2002 c 369 § 1; 1987 c 4 § 3. Formerly RCW 9.46.020(2).]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.46.0209
Effective: July 26, 2009
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.46. Gambling--1973 Act (Refs & Annos)
9.46.0209. “Bona fide charitable or nonprofit organization”
(1)(a) “Bona fide charitable or nonprofit organization,” as used in this chapter, means:
(i) Any organization duly existing under the provisions of chapter 24.12, 24.20, or 24.28 RCW, any agricultural fair authorized under the provisions of chapters 15.76 or 36.37 RCW, or any nonprofit corporation duly existing under the provisions of chapter 24.03 RCW for charitable, benevolent, eleemosynary, educational, civic, patriotic, political, social, fraternal, athletic or agricultural purposes only, or any nonprofit organization, whether incorporated or otherwise, when found by the commission to be organized and operating for one or more of the aforesaid purposes only, all of which in the opinion of the commission have been organized and are operated primarily for purposes other than the operation of gambling activities authorized under this chapter; or
(ii) Any corporation which has been incorporated under Title 36 U.S.C. and whose principal purposes are to furnish volunteer aid to members of the armed forces of the United States and also to carry on a system of national and international relief and to apply the same in mitigating the sufferings caused by pestilence, famine, fire, floods, and other national calamities and to devise and carry on measures for preventing the same.
(b) An organization defined under (a) of this subsection must:
(i) Have been organized and continuously operating for at least twelve calendar months immediately preceding making application for any license to operate a gambling activity, or the operation of any gambling activity authorized by this chapter for which no license is required;
(ii) Have not less than fifteen bona fide active members each with the right to an equal vote in the election of the officers, or board members, if any, who determine the policies of the organization in order to receive a gambling license; and
(iii) Demonstrate to the commission that it has made significant progress toward the accomplishment of the purposes of the organization during the twelve consecutive month period preceding the date of application for a license or license renewal. The fact that contributions to an organization do not qualify for charitable contribution deduction purposes or that the organization is not otherwise exempt from payment of federal income taxes pursuant to the internal revenue code of 1954, as amended, shall constitute prima facie evidence that the organization is not a bona fide charitable or nonprofit organization for the purposes of this section.
(c) Any person, association or organization which pays its employees, including members, compensation other than is reasonable therefor under the local prevailing wage scale shall be deemed paying compensation based in part or whole upon receipts relating to gambling activities authorized under this chapter and shall not be a bona fide charitable or nonprofit organization for the purposes of this chapter.
(2) For the purposes of RCW 9.46.0315 and 9.46.110, a bona fide nonprofit organization also includes:
(a) A credit union organized and operating under state or federal law. All revenue less prizes and expenses received from raffles conducted by credit unions must be devoted to purposes authorized under this section for charitable and nonprofit organizations; and
(b) A group of executive branch state employees that:
(i) Has requested and received revocable approval from the agency's chief executive official, or such official's designee, to conduct one or more raffles in compliance with this section;
(ii) Conducts a raffle solely to raise funds for either the state combined fund drive, created under RCW 41.04.033; an entity approved to receive funds from the state combined fund drive; or a charitable or benevolent entity, including but not limited to a person or family in need, as determined by a majority vote of the approved group of employees. No person or other entity may receive compensation in any form from the group for services rendered in support of this purpose;
(iii) Promptly provides such information about the group's receipts, expenditures, and other activities as the agency's chief executive official or designee may periodically require, and otherwise complies with this section and RCW 9.46.0315; and
(iv) Limits the participation in the raffle such that raffle tickets are sold only to, and winners are determined only from, the employees of the agency.
(3) For the purposes of RCW 9.46.0277, a bona fide nonprofit organization also includes a county, city, or town, provided that all revenue less prizes and expenses from raffles conducted by the county, city, or town must be used for community activities or tourism promotion activities.
CREDIT(S)
[2009 c 137 § 1, eff. July 26, 2009; 2007 c 452 § 1; 2000 c 233 § 1; 1987 c 4 § 4. Formerly RCW 9.46.020(3).]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.46.0213
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.46. Gambling--1973 Act (Refs & Annos)
9.46.0213. “Bookmaking”
“Bookmaking,” as used in this chapter, means accepting bets, upon the outcome of future contingent events, as a business or in which the bettor is charged a fee or “vigorish” for the opportunity to place a bet.
CREDIT(S)
[1991 c 261 § 1; 1987 c 4 § 5. Formerly RCW 9.46.020(4).]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.46.0217
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.46. Gambling--1973 Act (Refs & Annos)
9.46.0217. “Commercial stimulant”
“Commercial stimulant,” as used in this chapter, means an activity is operated as a commercial stimulant, for the purposes of this chapter, only when it is an activity operated in connection with an established business, with the purpose of increasing the volume of sales of food or drink for consumption on that business premises. The commission may by rule establish guidelines and criteria for applying this definition to its applicants and licensees for gambling activities authorized by this chapter as commercial stimulants.
CREDIT(S)
[1994 c 120 § 1; 1987 c 4 § 6. Formerly RCW 9.46.020(5).]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.46.0221
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.46. Gambling--1973 Act (Refs & Annos)
9.46.0221. “Commission”
“Commission,” as used in this chapter, means the Washington state gambling commission created in RCW 9.46.040.
CREDIT(S)
[1987 c 4 § 7. Formerly RCW 9.46.020(6).]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.46.0225
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.46. Gambling--1973 Act (Refs & Annos)
9.46.0225. “Contest of chance”
“Contest of chance,” as used in this chapter, means any contest, game, gaming scheme, or gaming device in which the outcome depends in a material degree upon an element of chance, notwithstanding that skill of the contestants may also be a factor therein.
CREDIT(S)
[1987 c 4 § 8. Formerly RCW 9.46.020(7).]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.46.0229
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.46. Gambling--1973 Act (Refs & Annos)
9.46.0229. “Fishing derby”
“Fishing derby,” as used in this chapter, means a fishing contest, with or without the payment or giving of an entry fee or other consideration by some or all of the contestants, wherein prizes are awarded for the species, size, weight, or quality of fish caught in a bona fide fishing or recreational event.
CREDIT(S)
[1987 c 4 § 9. Formerly RCW 9.46.020(8).]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.46.0233
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.46. Gambling--1973 Act (Refs & Annos)
9.46.0233. “Fund-raising event”
(1) “Fund-raising event,” as used in this chapter, means a fund-raising event conducted during any seventy-two consecutive hours but exceeding twenty-four consecutive hours and not more than once in any calendar year or a fund-raising event conducted not more than twice each calendar year for not more than twenty-four consecutive hours each time by a bona fide charitable or nonprofit organization as defined in RCW 9.46.0209 other than any agricultural fair referred to thereunder, upon authorization therefor by the commission, which the legislature hereby authorizes to issue a license therefor, with or without fee, permitting the following activities, or any of them, during such event: Bingo, amusement games, contests of chance, lotteries, and raffles. However: (a) Gross wagers and bets or revenue generated from participants under subsection (2) of this section received by the organization less the amount of money paid by the organization as winnings, or as payment for services or equipment rental under subsection (2) of this section, and for the purchase cost of prizes given as winnings do not exceed ten thousand dollars during the total calendar days of such fund-raising event in the calendar year; (b) such activities shall not include any mechanical gambling or lottery device activated by the insertion of a coin or by the insertion of any object purchased by any person taking a chance by gambling in respect to the device; (c) only bona fide members of the organization who are not paid for such service or persons licensed or approved by the commission under subsection (2) of this section shall participate in the management or operation of the activities, and all income therefrom, after deducting the cost of prizes and other expenses, shall be devoted solely to the lawful purposes of the organization; and (d) such organization shall notify the appropriate local law enforcement agency of the time and place where such activities shall be conducted. The commission shall require an annual information report setting forth in detail the expenses incurred and the revenue received relative to the activities permitted.
(2) Bona fide charitable or nonprofit organizations may hire a person or vendor, who is licensed or approved by the commission, to organize and conduct a fund-raising event on behalf of the sponsoring organization subject to the following restrictions:
(a) The person or vendor may not provide the facility for the event;
(b) The person or vendor may use paid personnel and may be compensated by a fixed fee determined prior to the event, but may not share in the proceeds of the event;
(c) All wagers must be made with scrip or chips having no cash value. At the end of the event, participants may be given the opportunity to purchase or otherwise redeem their scrip or chips for merchandise prizes;
(d) The value of all purchased prizes must not exceed ten percent of the gross revenue from the event; and
(e) Only members and guests of the sponsoring organization may participate in the event.
(3) Bona fide charitable or nonprofit organizations holding a license to conduct a fund-raising event may join together to jointly conduct a fund-raising event if:
(a) Approval to do so is received from the commission; and
(b) The method of dividing the income and expenditures and the method of recording and handling of funds are disclosed to the commission in the application for approval of the joint fund-raising event and are approved by the commission.
The gross wagers and bets or revenue generated from participants under subsection (2) of this section received by the organizations less the amount of money paid by the organizations as winnings, or as payment for services or equipment rental under subsection (2) of this section, and for the purchase costs of prizes given as winnings may not exceed ten thousand dollars during the total calendar days of such event. The net receipts each organization receives shall count against the organization's annual limit stated in this subsection.
A joint fund-raising event shall count against only the lead organization or organizations receiving fifty percent or more of the net receipts for the purposes of the number of such events an organization may conduct each year.
The commission may issue a joint license for a joint fund-raising event and charge a license fee for such license according to a schedule of fees adopted by the commission which reflects the added cost to the commission of licensing more than one licensee for the event.
CREDIT(S)
[2000 c 178 § 1; 1987 c 4 § 24. Formerly RCW 9.46.020(23).]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.46.0237
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.46. Gambling--1973 Act (Refs & Annos)
9.46.0237. “Gambling”
“Gambling,” as used in this chapter, means staking or risking something of value upon the outcome of a contest of chance or a future contingent event not under the person's control or influence, upon an agreement or understanding that the person or someone else will receive something of value in the event of a certain outcome. Gambling does not include fishing derbies as defined by this chapter, parimutuel betting and handicapping contests as authorized by chapter 67.16 RCW, bona fide business transactions valid under the law of contracts, including, but not limited to, contracts for the purchase or sale at a future date of securities or commodities, and agreements to compensate for loss caused by the happening of chance, including, but not limited to, contracts of indemnity or guarantee and life, health, or accident insurance. In addition, a contest of chance which is specifically excluded from the definition of lottery under this chapter shall not constitute gambling.
CREDIT(S)
[2005 c 351 § 1, eff. July 24, 2005; 1987 c 4 § 10. Formerly RCW 9.46.020(9).]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.46.0241
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.46. Gambling--1973 Act (Refs & Annos)
9.46.0241. “Gambling device”
“Gambling device,” as used in this chapter, means: (1) Any device or mechanism the operation of which a right to money, credits, deposits or other things of value may be created, in return for a consideration, as the result of the operation of an element of chance, including, but not limited to slot machines, video pull-tabs, video poker, and other electronic games of chance; (2) any device or mechanism which, when operated for a consideration, does not return the same value or thing of value for the same consideration upon each operation thereof; (3) any device, mechanism, furniture, fixture, construction or installation designed primarily for use in connection with professional gambling; and (4) any subassembly or essential part designed or intended for use in connection with any such device, mechanism, furniture, fixture, construction or installation. In the application of this definition, a pinball machine or similar mechanical amusement device which confers only an immediate and unrecorded right of replay on players thereof, which does not contain any mechanism which varies the chance of winning free games or the number of free games which may be won or a mechanism or a chute for dispensing coins or a facsimile thereof, and which prohibits multiple winnings depending upon the number of coins inserted and requires the playing of five balls individually upon the insertion of a nickel or dime, as the case may be, to complete any one operation thereof, shall not be deemed a gambling device: PROVIDED, That owning, possessing, buying, selling, renting, leasing, financing, holding a security interest in, storing, repairing and transporting such pinball machines or similar mechanical amusement devices shall not be deemed engaging in professional gambling for the purposes of this chapter and shall not be a violation of this chapter: PROVIDED FURTHER, That any fee for the purchase or rental of any such pinball machines or similar amusement devices shall have no relation to the use to which such machines are put but be based only upon the market value of any such machine, regardless of the location of or type of premises where used, and any fee for the storing, repairing and transporting thereof shall have no relation to the use to which such machines are put, but be commensurate with the cost of labor and other expenses incurred in any such storing, repairing and transporting.
CREDIT(S)
[1994 c 218 § 8; 1987 c 4 § 11. Formerly RCW 9.46.020(10).]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.46.0245
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.46. Gambling--1973 Act (Refs & Annos)
9.46.0245. “Gambling information”
“Gambling information,” as used in this chapter, means any wager made in the course of and any information intended to be used for professional gambling. In the application of this definition, information as to wagers, betting odds and changes in betting odds shall be presumed to be intended for use in professional gambling. This section shall not apply to newspapers of general circulation or commercial radio and television stations licensed by the federal communications commission.
CREDIT(S)
[1987 c 4 § 12. Formerly RCW 9.46.020(11).]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.46.0249
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.46. Gambling--1973 Act (Refs & Annos)
9.46.0249. “Gambling premises”
“Gambling premises,” as used in this chapter, means any building, room, enclosure, vehicle, vessel or other place used or intended to be used for professional gambling. In the application of this definition, any place where a gambling device is found shall be presumed to be intended to be used for professional gambling.
CREDIT(S)
[1987 c 4 § 13. Formerly RCW 9.46.020(12).]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.46.0253
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.46. Gambling--1973 Act (Refs & Annos)
9.46.0253. “Gambling record”
“Gambling record,” as used in this chapter, means any record, receipt, ticket, certificate, token, slip or notation given, made, used or intended to be used in connection with professional gambling.
CREDIT(S)
[1987 c 4 § 14. Formerly RCW 9.46.020(13).]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.46.0257
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.46. Gambling--1973 Act (Refs & Annos)
9.46.0257. “Lottery”
“Lottery,” as used in this chapter, means a scheme for the distribution of money or property by chance, among persons who have paid or agreed to pay a valuable consideration for the chance.
CREDIT(S)
[1987 c 4 § 15. Formerly RCW 9.46.020(14).]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.46.0261
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.46. Gambling--1973 Act (Refs & Annos)
9.46.0261. “Member,” “bona fide member”
“Member” and “bona fide member,” as used in this chapter, mean a person accepted for membership in an organization eligible to be licensed by the commission under this chapter upon application, with such action being recorded in the official minutes of a regular meeting or who has held full and regular membership status in the organization for a period of not less than twelve consecutive months prior to participating in the management or operation of any gambling activity. Such membership must in no way be dependent upon, or in any way related to, the payment of consideration to participate in any gambling activity.
Member or bona fide member shall include only members of an organization's specific chapter or unit licensed by the commission or otherwise actively conducting the gambling activity: PROVIDED, That:
(1) Members of chapters or local units of a state, regional or national organization may be considered members of the parent organization for the purpose of a gambling activity conducted by the parent organization, if the rules of the parent organization so permit;
(2) Members of a bona fide auxiliary to a principal organization may be considered members of the principal organization for the purpose of a gambling activity conducted by the principal organization. Members of the principal organization may also be considered members of its auxiliary for the purpose of a gambling activity conducted by the auxiliary; and
(3) Members of any chapter or local unit within the jurisdiction of the next higher level of the parent organization, and members of a bona fide auxiliary to that chapter or unit, may assist any other chapter or local unit of that same organization licensed by the commission in the conduct of gambling activities.
No person shall be a member of any organization if that person's primary purpose for membership is to become, or continue to be, a participant in, or an operator or manager of, any gambling activity or activities.
CREDIT(S)
[1987 c 4 § 16. Formerly RCW 9.46.020(15).]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.46.0265
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.46. Gambling--1973 Act (Refs & Annos)
9.46.0265. “Player”
“Player,” as used in this chapter, means a natural person who engages, on equal terms with the other participants, and solely as a contestant or bettor, in any form of gambling in which no person may receive or become entitled to receive any profit therefrom other than personal gambling winnings, and without otherwise rendering any material assistance to the establishment, conduct or operation of a particular gambling activity. A natural person who gambles at a social game of chance on equal terms with the other participants shall not be considered as rendering material assistance to the establishment, conduct or operation of the social game merely by performing, without fee or remuneration, acts directed toward the arrangement or facilitation of the game, such as inviting persons to play, permitting the use of premises for the game, or supplying cards or other equipment to be used in the games. A person who engages in “bookmaking” as defined in this chapter is not a “player.” A person who pays a fee or “vigorish” enabling him or her to place a wager with a bookmaker, or pays a fee other than as authorized by this chapter to participate in a card game, contest of chance, lottery, or gambling activity, is not a player.
CREDIT(S)
[1997 c 118 § 2; 1991 c 261 § 2; 1987 c 4 § 17. Formerly RCW 9.46.020(16).]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.46.0269
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.46. Gambling--1973 Act (Refs & Annos)
9.46.0269. “Professional gambling”
(1) A person is engaged in “professional gambling” for the purposes of this chapter when:
(a) Acting other than as a player or in the manner authorized by this chapter, the person knowingly engages in conduct which materially aids any form of gambling activity; or
(b) Acting other than in a manner authorized by this chapter, the person pays a fee to participate in a card game, contest of chance, lottery, or other gambling activity; or
(c) Acting other than as a player or in the manner authorized by this chapter, the person knowingly accepts or receives money or other property pursuant to an agreement or understanding with any other person whereby he or she participates or is to participate in the proceeds of gambling activity; or
(d) The person engages in bookmaking; or
(e) The person conducts a lottery; or
(f) The person violates RCW 9.46.039.
(2) Conduct under subsection (1)(a) of this section, except as exempted under this chapter, includes but is not limited to conduct directed toward the creation or establishment of the particular game, contest, scheme, device or activity involved, toward the acquisition or maintenance of premises, paraphernalia, equipment or apparatus therefor, toward the solicitation or inducement of persons to participate therein, toward the actual conduct of the playing phases thereof, toward the arrangement of any of its financial or recording phases, or toward any other phase of its operation. If a person having substantial proprietary or other authoritative control over any premises shall permit the premises to be used with the person's knowledge for the purpose of conducting gambling activity other than gambling activities authorized by this chapter, and acting other than as a player, and the person permits such to occur or continue or makes no effort to prevent its occurrence or continuation, the person shall be considered as being engaged in professional gambling: PROVIDED, That the proprietor of a bowling establishment who awards prizes obtained from player contributions, to players successfully knocking down pins upon the contingency of identifiable pins being placed in a specified position or combination of positions, as designated by the posted rules of the bowling establishment, where the proprietor does not participate in the proceeds of the “prize fund” shall not be construed to be engaging in “professional gambling” within the meaning of this chapter: PROVIDED FURTHER, That the books and records of the games shall be open to public inspection.
CREDIT(S)
[1997 c 78 § 1; 1996 c 252 § 2; 1987 c 4 § 18. Formerly RCW 9.46.020(17).]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.46.0273
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.46. Gambling--1973 Act (Refs & Annos)
9.46.0273. “Punchboards,” “pull-tabs”
“Punchboards” and “pull-tabs,” as used in this chapter, shall be given their usual and ordinary meaning as of July 16, 1973, except that such definition may be revised by the commission pursuant to rules and regulations promulgated pursuant to this chapter.
CREDIT(S)
[1987 c 4 § 19. Formerly RCW 9.46.020(18).]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.46.0277
Effective: July 26, 2009
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.46. Gambling--1973 Act (Refs & Annos)
9.46.0277. “Raffle”
“Raffle,” as used in this chapter, means a game in which tickets bearing an individual number are sold for not more than one hundred dollars each and in which a prize or prizes are awarded on the basis of a drawing from the tickets by the person or persons conducting the game, when the game is conducted by a bona fide charitable or nonprofit organization, no person other than a bona fide member of the organization takes any part in the management or operation of the game, and no part of the proceeds thereof inure to the benefit of any person other than the organization conducting the game.
CREDIT(S)
[2009 c 133 § 1, eff. July 26, 2009; 1995 2nd sp.s. c 4 § 1; 1987 c 4 § 20. Formerly RCW 9.46.020(19).]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.46.0281
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.46. Gambling--1973 Act (Refs & Annos)
9.46.0281. Repealed by Laws 1997, ch. 118, § 3
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.46.0282
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.46. Gambling--1973 Act (Refs & Annos)
9.46.0282. “Social card game”
“Social card game” as used in this chapter means a card game that constitutes gambling and is authorized by the commission under RCW 9.46.070. Authorized card games may include a house-banked or a player-funded banked card game. No one may participate in the card game or have an interest in the proceeds of the card game who is not a player or a person licensed by the commission to participate in social card games. There shall be two or more participants in the card game who are players or persons licensed by the commission. The card game must be played in accordance with the rules adopted by the commission under RCW 9.46.070, which shall include but not be limited to rules for the collection of fees, limitation of wagers, and management of player funds. The number of tables authorized shall be set by the commission but shall not exceed a total of fifteen separate tables per establishment.
CREDIT(S)
[1997 c 118 § 1.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.46.0285
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.46. Gambling--1973 Act (Refs & Annos)
9.46.0285. “Thing of value”
“Thing of value,” as used in this chapter, means any money or property, any token, object or article exchangeable for money or property, or any form of credit or promise, directly or indirectly, contemplating transfer of money or property or of any interest therein, or involving extension of a service, entertainment or a privilege of playing at a game or scheme without charge.
CREDIT(S)
[1987 c 4 § 22. Formerly RCW 9.46.020(21).]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.46.0289
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.46. Gambling--1973 Act (Refs & Annos)
9.46.0289. “Whoever,” “person”
“Whoever” and “person,” as used in this chapter, include natural persons, corporations and partnerships and associations of persons; and when any corporate officer, director or stockholder or any partner authorizes, participates in, or knowingly accepts benefits from any violation of this chapter committed by his or her corporation or partnership, he or she shall be punishable for such violation as if it had been directly committed by him or her.
CREDIT(S)
[1987 c 4 § 23. Formerly RCW 9.46.020(22).]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.46.030
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.46. Gambling--1973 Act (Refs & Annos)
9.46.030. Repealed by Laws 1987, ch. 4, § 47, eff. March 16, 1987
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.46.0305
Effective: July 26, 2009
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.46. Gambling--1973 Act (Refs & Annos)
9.46.0305. Dice or coin contests for music, food, or beverage payment
The legislature hereby authorizes the wagering on the outcome of the roll of dice or the flipping of or matching of coins on the premises of an establishment engaged in the business of selling food or beverages for consumption on the premises to determine which of the participants will pay for coin-operated music on the premises or certain items of food or beverages served or sold by such establishment and therein consumed. Such establishments are hereby authorized to possess dice and dice cups on their premises, but only for use in such limited wagering. Persons engaged in such limited form of wagering shall not be subject to the criminal or civil penalties otherwise provided for in this chapter.
CREDIT(S)
[2009 c 357 § 1, eff. July 26, 2009; 1987 c 4 § 25. Formerly RCW 9.46.020(1), part.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.46.0311
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.46. Gambling--1973 Act (Refs & Annos)
9.46.0311. Charitable, nonprofit organizations--Authorized gambling activities
The legislature hereby authorizes bona fide charitable or nonprofit organizations to conduct bingo games, raffles, amusement games, and fund-raising events, and to utilize punchboards and pull-tabs and to allow their premises and facilities to be used by only members, their guests, and members of a chapter or unit organized under the same state, regional, or national charter or constitution, to play social card games authorized by the commission, when licensed, conducted or operated pursuant to the provisions of this chapter and rules and regulations adopted pursuant thereto.
CREDIT(S)
[1987 c 4 § 26. Formerly RCW 9.46.030(1).]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.46.0315
Effective: June 7, 2012
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.46. Gambling--1973 Act (Refs & Annos)
9.46.0315. Raffles--No license required, when
Bona fide charitable or bona fide nonprofit organizations organized primarily for purposes other than the conduct of raffles, are hereby authorized to conduct raffles without obtaining a license to do so from the commission when such raffles are held in accordance with all other requirements of this chapter, other applicable laws, and rules of the commission; when gross revenues from all such raffles held by the organization during the calendar year do not exceed five thousand dollars; and when tickets to such raffles are sold only to, and winners are determined only from among, the regular members of the organization conducting the raffle. The organization may provide unopened containers of beverages containing alcohol as raffle prizes if the appropriate permit has been obtained from the liquor control board: PROVIDED, That raffles that exceed five thousand dollars may also be conducted pursuant to the provisions of this section if the organization obtains a license from the commission: PROVIDED FURTHER, That the term members for this purpose shall mean only those persons who have become members prior to the commencement of the raffle and whose qualification for membership was not dependent upon, or in any way related to, the purchase of a ticket, or tickets, for such raffles.
CREDIT(S)
[2012 c 131 § 1, eff. June 7, 2012; 1991 c 192 § 4; 1987 c 4 § 27. Formerly RCW 9.46.030(2).]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.46.0321
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.46. Gambling--1973 Act (Refs & Annos)
9.46.0321. Bingo, raffles, amusement games--No license required, when
Bona fide charitable or bona fide nonprofit organizations organized primarily for purposes other than the conduct of such activities are hereby authorized to conduct bingo, raffles, and amusement games, without obtaining a license to do so from the commission but only when:
(1) Such activities are held in accordance with all other requirements of this chapter, other applicable laws, and rules of the commission;
(2) Said activities are, alone or in any combination, conducted no more than twice each calendar year and over a period of no more than twelve consecutive days each time, notwithstanding the limitations of RCW 9.46.0205: PROVIDED, That a raffle conducted under this subsection may be conducted for a period longer than twelve days;
(3) Only bona fide members of that organization, who are not paid for such services, participate in the management or operation of the activities;
(4) Gross revenues to the organization from all the activities together do not exceed five thousand dollars during any calendar year;
(5) All revenue therefrom, after deducting the cost of prizes and other expenses of the activity, is devoted solely to the purposes for which the organization qualifies as a bona fide charitable or nonprofit organization;
(6) The organization gives notice at least five days in advance of the conduct of any of the activities to the local police agency of the jurisdiction within which the activities are to be conducted of the organization's intent to conduct the activities, the location of the activities, and the date or dates they will be conducted; and
(7) The organization conducting the activities maintains records for a period of one year from the date of the event which accurately show at a minimum the gross revenue from each activity, details of the expenses of conducting the activities, and details of the uses to which the gross revenue therefrom is put.
CREDIT(S)
[1987 c 4 § 28. Formerly RCW 9.46.030(3).]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.46.0325
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.46. Gambling--1973 Act (Refs & Annos)
9.46.0325. Social card games, punchboards, pull-tabs authorized
The legislature hereby authorizes any person, association or organization operating an established business primarily engaged in the selling of food or drink for consumption on the premises to conduct social card games and to utilize punchboards and pull-tabs as a commercial stimulant to such business when licensed and utilized or operated pursuant to the provisions of this chapter and rules and regulations adopted pursuant thereto.
CREDIT(S)
[1987 c 4 § 29. Formerly RCW 9.46.030(4).]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.46.0331
Effective: July 26, 2009
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.46. Gambling--1973 Act (Refs & Annos)
9.46.0331. Amusement games authorized--Minimum rules
The legislature hereby authorizes any person to conduct or operate amusement games when licensed and operated pursuant to the provisions of this chapter and rules and regulations adopted by the commission at such locations as the commission may authorize. The rules shall provide for at least the following:
(1) Persons other than bona fide charitable or bona fide nonprofit organizations shall conduct amusement games only after obtaining a special amusement game license from the commission.
(2) Amusement games may be conducted under such a license only as a part of, and upon the site of:
(a) Any agricultural fair as authorized under chapter 15.76 or 36.37 RCW; or
(b) A civic center of a county, city, or town; or
(c) A world's fair or similar exposition that is approved by the bureau of international expositions at Paris, France; or
(d) A community-wide civic festival held not more than once annually and sponsored or approved by the city, town, or county in which it is held; or
(e) A commercial exposition organized and sponsored by an organization or association representing the retail sales and service operators conducting business in a shopping center or other commercial area developed and operated for retail sales and service, but only upon a parking lot or similar area located in said shopping center or commercial area for a period of no more than seventeen consecutive days by any licensee during any calendar year; or
(f)
An amusement park. An amusement park is a group of activities, at a permanent
location, to which people go to be entertained through a combination of various
mechanical or aquatic rides, theatrical productions, motion picture, and/
(g) Within a regional shopping center. A regional shopping center is a shopping center developed and operated for retail sales and service by retail sales and service operators and consisting of more than six hundred thousand gross square feet not including parking areas. Amusement games conducted as a part of, and upon the site of, a regional shopping center shall not be subject to the prohibition on revenue sharing set forth in RCW 9.46.120(2); or
(h) A location that possesses a valid license from the Washington state liquor control board and prohibits minors on their premises; or
(i) Movie theaters, bowling alleys, miniature golf course facilities, and amusement centers. For the purposes of this section an amusement center shall be defined as a permanent location whose primary source of income is from the operation of ten or more amusement devices; or
(j) Any business whose primary activity is to provide food service for on premises consumption and who offers family entertainment which includes at least three of the following activities: Amusement devices; theatrical productions; mechanical rides; motion pictures; and slide show presentations; or
(k) Other locations as the commission may authorize.
(3) No amusement games may be conducted in any location except in conformance with local zoning, fire, health, and similar regulations. In no event may the licensee conduct any amusement games at any of the locations set out in subsection (2) of this section without first having obtained the written permission to do so from the person or organization owning the premises or an authorized agent thereof, and from the persons sponsoring the fair, exhibition, commercial exhibition, or festival, or from the city or town operating the civic center, in connection with which the games are to be operated.
(4) In no event may a licensee conduct any amusement games at the location described in subsection (2)(g) of this section, without, at the location of such games, providing adult supervision during all hours the licensee is open for business at such location, prohibiting school-age minors from entry during school hours, maintaining full-time personnel whose responsibilities include maintaining security and daily machine maintenance, and providing for hours for the close of business at such location that are no later than 10:00 p.m. on Fridays and Saturdays and on all other days that are the same as those of the regional shopping center in which the licensee is located.
(5) In no event may a licensee conduct any amusement game at a location described in subsection (2)(i) or (j) of this section, without, at the location of such games, providing adult supervision during all hours the licensee is open for business at such location, prohibiting school-age minors from playing licensed amusement games during school hours, maintaining full-time personnel whose responsibilities include maintaining security and daily machine maintenance, and prohibiting minors from playing the amusement games after 10:00 p.m. on any day.
CREDIT(S)
[2009 c 78 § 1, eff. July 26, 2009; 1991 c 287 § 1; 1987 c 4 § 30. Formerly RCW 9.46.030(5).]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.46.0335
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.46. Gambling--1973 Act (Refs & Annos)
9.46.0335. Sports pools authorized
The legislature hereby authorizes any person, association, or organization to conduct sports pools without a license to do so from the commission but only when the outcome of which is dependent upon the score, or scores, of a certain athletic contest and which is conducted only in the following manner:
(1) A board or piece of paper is divided into one hundred equal squares, each of which constitutes a chance to win in the sports pool and each of which is offered directly to prospective contestants at one dollar or less;
(2) The purchaser of each chance or square signs his or her name on the face of each square or chance he or she purchases; and
(3) At some time not later than prior to the start of the subject athletic contest the pool is closed and no further chances in the pool are sold;
(4) After the pool is closed a prospective score is assigned by random drawing to each square;
(5) All money paid by entrants to enter the pool less taxes is paid out as the prize or prizes to those persons holding squares assigned the winning score or scores from the subject athletic contest;
(6) The sports pool board is available for inspection by any person purchasing a chance thereon, the commission, or by any law enforcement agency upon demand at all times prior to the payment of the prize;
(7) The person or organization conducting the pool is conducting no other sports pool on the same athletic event; and
(8) The sports pool conforms to any rules and regulations of the commission applicable thereto.
CREDIT(S)
[1987 c 4 § 31. Formerly RCW 9.46.030(6).]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.46.0341
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.46. Gambling--1973 Act (Refs & Annos)
9.46.0341. Golfing sweepstakes authorized
The legislature hereby authorizes bona fide charitable or nonprofit organizations to conduct, without the necessity of obtaining a permit or license to do so from the commission, golfing sweepstakes permitting wagers of money, and the same shall not constitute such gambling or lottery as otherwise prohibited in this chapter, or be subject to civil or criminal penalties thereunder, but this only when the outcome of such golfing sweepstakes is dependent upon the score, or scores, or the playing ability, or abilities, of a golfing contest between individual players or teams of such players, conducted in the following manner:
(1) Wagers are placed by buying tickets on any players in a golfing contest to “win,” “place,” or “show” and those holding tickets on the three winners may receive a payoff similar to the system of betting identified as parimutuel, such moneys placed as wagers to be used primarily as winners' proceeds, except moneys used to defray the expenses of such golfing sweepstakes or otherwise used to carry out the purposes of such organization; or
(2) Participants in any golfing contest(s) pay a like sum of money into a common fund on the basis of attaining a stated number of points ascertainable from the score of such participants, and those participants attaining such stated number of points share equally in the moneys in the common fund, without any percentage of such moneys going to the sponsoring organization; or
(3) An auction is held in which persons may bid on the players or teams of players in the golfing contest, and the person placing the highest bid on the player or team that wins the golfing contest receives the proceeds of the auction, except moneys used to defray the expenses of the golfing sweepstakes or otherwise used to carry out the purposes of the organizations; and
(4) Participation is limited to members of the sponsoring organization and their bona fide guests.
CREDIT(S)
[1997 c 38 § 1; 1987 c 4 § 32. Formerly RCW 9.46.030(7).]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.46.0345
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.46. Gambling--1973 Act (Refs & Annos)
9.46.0345. Bowling sweepstakes authorized
The legislature hereby authorizes bowling establishments to conduct, without the necessity of obtaining a permit or license to do so, as a commercial stimulant, a bowling activity which permits bowlers to purchase tickets from the establishment for a predetermined and posted amount of money, which tickets are then selected by the luck of the draw and the holder of the matching ticket so drawn has an opportunity to bowl a strike and if successful receives a predetermined and posted monetary prize: PROVIDED, That all sums collected by the establishment from the sale of tickets shall be returned to purchasers of tickets and no part of the proceeds shall inure to any person other than the participants winning in the game or a recognized charity. The tickets shall be sold, and accounted for, separately from all other sales of the establishment. The price of any single ticket shall not exceed one dollar. Accounting records shall be available for inspection during business hours by any person purchasing a chance thereon, by the commission or its representatives, or by any law enforcement agency.
CREDIT(S)
[1987 c 4 § 33. Formerly RCW 9.46.030(8).]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.46.0351
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.46. Gambling--1973 Act (Refs & Annos)
9.46.0351. Social card, dice games--Use of premises of charitable, nonprofit organizations
(1) The legislature hereby authorizes any bona fide charitable or nonprofit organization which is licensed pursuant to RCW 66.24.400, and its officers and employees, to allow the use of the premises, furnishings, and other facilities not gambling devices of such organization by members of the organization, and members of a chapter or unit organized under the same state, regional, or national charter or constitution, who engage as players in the following types of gambling activities only:
(a) Social card games; and
(b) Social dice games, which shall be limited to contests of chance, the outcome of which are determined by one or more rolls of dice.
(2) Bona fide charitable or nonprofit organizations shall not be required to be licensed by the commission in order to allow use of their premises in accordance with this section. However, the following conditions must be met:
(a) No organization, corporation, or person shall collect or obtain or charge any percentage of or shall collect or obtain any portion of the money or thing of value wagered or won by any of the players: PROVIDED, That a player may collect his or her winnings; and
(b) No organization, corporation, or person shall collect or obtain any money or thing of value from, or charge or impose any fee upon, any person which either enables him or her to play or results in or from his or her playing: PROVIDED, That this subsection shall not preclude collection of a membership fee which is unrelated to participation in gambling activities authorized under this section.
CREDIT(S)
[1999 c 143 § 5; 1987 c 4 § 34. Formerly RCW 9.46.030(9).]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.46.0355
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.46. Gambling--1973 Act (Refs & Annos)
9.46.0355. Repealed by Laws 2000, ch. 228, § 2
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.46.0356
Effective: July 22, 2011
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.46. Gambling--1973 Act (Refs & Annos)
9.46.0356. Promotional contests of chance authorized
(1) The legislature authorizes:
(a) A business to conduct a promotional contest of chance as defined in this section, in this state, or partially in this state, whereby the elements of prize and chance are present but in which the element of consideration is not present;
(b) A financial institution, as defined in RCW 30.22.040, to conduct a promotional contest of chance under this section in which: (i) A drawing for an annual prize is held that includes as eligible prize recipients only those persons who deposited funds at the financial institution in a savings account, certificate of deposit, or any other savings program and retained those funds for at least twelve months in the savings account, certificate of deposit, or other savings program; and (ii) drawings for other prizes are held from time to time that include as eligible prize recipients only those persons who deposited funds at the financial institution in a savings account, certificate of deposit, or other savings program. No such contest may be conducted, either wholly or partially, by means of the internet.
(2) Promotional contests of chance under this section are not gambling as defined in RCW 9.46.0237.
(3) Promotional contests of chance shall be conducted as advertising and promotional undertakings solely for the purpose of advertising or promoting the services, goods, wares, and merchandise of a business.
(4) No person eligible to receive a prize in a promotional contest of chance under subsection (1)(a) of this section may be required to:
(a) Pay any consideration to the promoter or operator of the business in order to participate in the contest; or
(b) Purchase any service, goods, wares, merchandise, or anything of value from the business, however, for other than contests entered through a direct mail solicitation, the promoter or sponsor may give additional entries or chances upon purchase of service, goods, wares, or merchandise if the promoter or sponsor provides an alternate method of entry requiring no consideration.
(5) No person eligible to receive a prize in a promotional contest of chance under subsection (1)(b) of this section may be required to pay any consideration other than the deposit of funds, or purchase any service, goods, wares, merchandise, or anything of value from the financial institution.
(6)(a) As used in this section, “consideration” means anything of pecuniary value required to be paid to the promoter or sponsor in order to participate in a promotional contest. Such things as visiting a business location, placing or answering a telephone call, completing an entry form or customer survey, or furnishing a stamped, self-addressed envelope do not constitute consideration.
(b) Coupons or entry blanks obtained by purchase of a bona fide newspaper or magazine or in a program sold in conjunction with a regularly scheduled sporting event are not consideration.
(7) Unless authorized by the commission, equipment or devices made for use in a gambling activity are prohibited from use in a promotional contest.
(8) This section shall not be construed to permit noncompliance with chapter 19.170 RCW, promotional advertising of prizes, and chapter 19.86 RCW, unfair business practices.
CREDIT(S)
[2011 c 303 § 2, eff. July 22, 2011; 2000 c 228 § 1.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.46.0361
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.46. Gambling--1973 Act (Refs & Annos)
9.46.0361. Turkey shoots authorized
The legislature hereby authorizes bona fide charitable or nonprofit organizations to conduct, without the necessity of obtaining a permit or license to do so from the commission, turkey shoots permitting wagers of money. Such contests shall not constitute such gambling or lottery as otherwise prohibited in this chapter, or be subject to civil or criminal penalties. Such organizations must be organized for purposes other than the conduct of turkey shoots.
Such turkey shoots shall be held in accordance with all other requirements of this chapter, other applicable laws, and rules that may be adopted by the commission. Gross revenues from all such turkey shoots held by the organization during the calendar year shall not exceed five thousand dollars. Turkey shoots conducted under this section shall meet the following requirements:
(1) The target shall be divided into one hundred or fewer equal sections, with each section constituting a chance to win. Each chance shall be offered directly to a prospective contestant for one dollar or less;
(2) The purchaser of each chance shall sign his or her name on the face of the section he or she purchases;
(3) The person shooting at the target shall not be a participant in the contest, but shall be a member of the organization conducting the contest;
(4) Participation in the contest shall be limited to members of the organization which is conducting the contest and their guests;
(5) The target shall contain the following information:
(a) Distance from the shooting position to the target;
(b) The gauge of the shotgun;
(c) The type of choke on the barrel;
(d) The size of shot that will be used; and
(e) The prize or prizes that are to be awarded in the contest;
(6) The targets, shotgun, and ammunition shall be available for inspection by any person purchasing a chance thereon, the commission, or by any law enforcement agency upon demand, at all times before the prizes are awarded;
(7) The turkey shoot shall award the prizes based upon the greatest number of shots striking a section;
(8) No turkey shoot may offer as a prize the right to advance or continue on to another turkey shoot or turkey shoot target; and
(9) Only bona fide members of the organization who are not paid for such service may participate in the management or operation of the turkey shoot, and all income therefrom, after deducting the cost of prizes and other expenses, shall be devoted solely to the lawful purposes of the organization.
CREDIT(S)
[1987 c 4 § 36. Formerly RCW 9.46.030(12).]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.46.039
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.46. Gambling--1973 Act (Refs & Annos)
9.46.039. Greyhound racing prohibited
(1) A person may not hold, conduct, or operate live greyhound racing for public exhibition, parimutuel betting, or special exhibition events, if such activities are conducted for gambling purposes. A person may not transmit or receive intrastate or interstate simulcasting of greyhound racing for commercial, parimutuel, or exhibition purposes, if such activities are conducted for gambling purposes.
(2) A person who violates this section is guilty of a class B felony, under RCW 9.46.220, professional gambling in the first degree, and is subject to the penalty under RCW 9A.20.021.
CREDIT(S)
[1996 c 252 § 1.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.46.040
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.46. Gambling--1973 Act (Refs & Annos)
9.46.040. Gambling commission--Members--Appointment--Vacancies, filling
There shall be a commission, known as the “Washington state gambling commission”, consisting of five members appointed by the governor with the consent of the senate. The members of the commission shall be appointed within thirty days of July 16, 1973 for terms beginning July 1, 1973, and expiring as follows: One member of the commission for a term expiring July 1, 1975; one member of the commission for a term expiring July 1, 1976; one member of the commission for a term expiring July 1, 1977; one member of the commission for a term expiring July 1, 1978; and one member of the commission for a term expiring July 1, 1979; each as the governor so determines. Their successors, all of whom shall be citizen members appointed by the governor with the consent of the senate, upon being appointed and qualified, shall serve six year terms: PROVIDED, That no member of the commission who has served a full six year term shall be eligible for reappointment. In case of a vacancy, it shall be filled by appointment by the governor for the unexpired portion of the term in which said vacancy occurs. No vacancy in the membership of the commission shall impair the right of the remaining member or members to act, except as in RCW 9.46.050(2) provided.
In addition to the members of the commission there shall be four ex officio members without vote from the legislature consisting of: (1) Two members of the senate, one from the majority political party and one from the minority political party, both to be appointed by the president of the senate; (2) two members of the house of representatives, one from the majority political party and one from the minority political party, both to be appointed by the speaker of the house of representatives; such appointments shall be for the term of two years or for the period in which the appointee serves as a legislator, whichever expires first; members may be reappointed; vacancies shall be filled in the same manner as original appointments are made. Such ex officio members who shall collect data deemed essential to future legislative proposals and exchange information with the board shall be deemed engaged in legislative business while in attendance upon the business of the board and shall be limited to such allowances therefor as otherwise provided in RCW 44.04.120, the same to be paid from the “gambling revolving fund” as being expenses relative to commission business.
CREDIT(S)
[1974 ex.s. c 155 § 12; 1974 ex.s. c 135 § 12; 1973 1st ex.s. c 218 § 4.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.46.050
Effective: July 22, 2011
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.46. Gambling--1973 Act (Refs & Annos)
9.46.050. Gambling commission--Chair--Quorum--Meetings--Compensation and travel expenses--Bond--Removal
(1) Upon appointment of the initial membership the commission shall meet at a time and place designated by the governor and proceed to organize, electing one of such members as chair of the commission who shall serve until July 1, 1974; thereafter a chair shall be elected annually.
(2) A majority of the members shall constitute a quorum of the commission: PROVIDED, That all actions of the commission relating to the regulation of licensing under this chapter shall require an affirmative vote by three or more members of the commission.
(3) The principal office of the commission shall be at the state capitol, and meetings shall be held at least quarterly and at such other times as may be called by the chair or upon written request to the chair of a majority of the commission.
(4) Members shall be compensated in accordance with RCW 43.03.250 and shall receive reimbursement for travel expenses incurred in the performance of their duties as provided in RCW 43.03.050 and 43.03.060.
(5) Before entering upon the duties of his or her office, each of the members of the commission shall enter into a surety bond executed by a surety company authorized to do business in this state, payable to the state of Washington, to be approved by the governor, in the penal sum of fifty thousand dollars, conditioned upon the faithful performance of his or her duties, and shall take and subscribe to the oath of office prescribed for elective state officers, which oath and bond shall be filed with the secretary of state. The premium for said bond shall be paid by the commission.
(6) Any member of the commission may be removed for inefficiency, malfeasance, or misfeasance in office, upon specific written charges filed by the governor, who shall transmit such written charges to the member accused and to the chief justice of the supreme court. The chief justice shall thereupon designate a tribunal composed of three judges of the superior court to hear and adjudicate the charges. Such tribunal shall fix the time of the hearing, which shall be public, and the procedure for the hearing, and the decision of such tribunal shall be final. Removal of any member of the commission by the tribunal shall disqualify such member for reappointment.
CREDIT(S)
[2011 c 336 § 302, eff. July 22, 2011; 1984 c 287 § 9; 1975-'76 2nd ex.s. c 34 § 7; 1973 1st ex.s. c 218 § 5.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.46.060
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.46. Gambling--1973 Act (Refs & Annos)
9.46.060. Gambling commission--Counsel--Audits--Payment for
(1) The attorney general shall be general counsel for the state gambling commission and shall assign such assistants as may be necessary in carrying out the purposes and provisions of this chapter, which shall include instituting and prosecuting any actions and proceedings necessary thereto.
(2) The state auditor shall audit the books, records, and affairs of the commission annually. The commission shall pay to the state treasurer for the credit of the state auditor such funds as may be necessary to defray the costs of such audits. The commission may provide for additional audits by certified public accountants. All such audits shall be public records of the state.
The payment for legal services and audits as authorized in this section shall be paid upon authorization of the commission from moneys in the gambling revolving fund.
CREDIT(S)
[1973 1st ex.s. c 218 § 6.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.46.070
Effective: June 7, 2012
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.46. Gambling--1973 Act (Refs & Annos)
9.46.070. Gambling commission--Powers and duties
The commission shall have the following powers and duties:
(1) To authorize and issue licenses for a period not to exceed one year to bona fide charitable or nonprofit organizations approved by the commission meeting the requirements of this chapter and any rules and regulations adopted pursuant thereto permitting said organizations to conduct bingo games, raffles, amusement games, and social card games, to utilize punchboards and pull-tabs in accordance with the provisions of this chapter and any rules and regulations adopted pursuant thereto and to revoke or suspend said licenses for violation of any provisions of this chapter or any rules and regulations adopted pursuant thereto: PROVIDED, That the commission shall not deny a license to an otherwise qualified applicant in an effort to limit the number of licenses to be issued: PROVIDED FURTHER, That the commission or director shall not issue, deny, suspend, or revoke any license because of considerations of race, sex, creed, color, or national origin: AND PROVIDED FURTHER, That the commission may authorize the director to temporarily issue or suspend licenses subject to final action by the commission;
(2) To authorize and issue licenses for a period not to exceed one year to any person, association, or organization operating a business primarily engaged in the selling of items of food or drink for consumption on the premises, approved by the commission meeting the requirements of this chapter and any rules and regulations adopted pursuant thereto permitting said person, association, or organization to utilize punchboards and pull-tabs and to conduct social card games as a commercial stimulant in accordance with the provisions of this chapter and any rules and regulations adopted pursuant thereto and to revoke or suspend said licenses for violation of any provisions of this chapter and any rules and regulations adopted pursuant thereto: PROVIDED, That the commission shall not deny a license to an otherwise qualified applicant in an effort to limit the number of licenses to be issued: PROVIDED FURTHER, That the commission may authorize the director to temporarily issue or suspend licenses subject to final action by the commission;
(3) To authorize and issue licenses for a period not to exceed one year to any person, association, or organization approved by the commission meeting the requirements of this chapter and meeting the requirements of any rules and regulations adopted by the commission pursuant to this chapter as now or hereafter amended, permitting said person, association, or organization to conduct or operate amusement games in such manner and at such locations as the commission may determine. The commission may authorize the director to temporarily issue or suspend licenses subject to final action by the commission;
(4) To authorize, require, and issue, for a period not to exceed one year, such licenses as the commission may by rule provide, to any person, association, or organization to engage in the selling, distributing, or otherwise supplying or in the manufacturing of devices for use within this state for those activities authorized by this chapter. The commission may authorize the director to temporarily issue or suspend licenses subject to final action by the commission;
(5) To establish a schedule of annual license fees for carrying on specific gambling activities upon the premises, and for such other activities as may be licensed by the commission, which fees shall provide to the commission not less than an amount of money adequate to cover all costs incurred by the commission relative to licensing under this chapter and the enforcement by the commission of the provisions of this chapter and rules and regulations adopted pursuant thereto: PROVIDED, That all licensing fees shall be submitted with an application therefor and such portion of said fee as the commission may determine, based upon its cost of processing and investigation, shall be retained by the commission upon the withdrawal or denial of any such license application as its reasonable expense for processing the application and investigation into the granting thereof: PROVIDED FURTHER, That if in a particular case the basic license fee established by the commission for a particular class of license is less than the commission's actual expenses to investigate that particular application, the commission may at any time charge to that applicant such additional fees as are necessary to pay the commission for those costs. The commission may decline to proceed with its investigation and no license shall be issued until the commission has been fully paid therefor by the applicant: AND PROVIDED FURTHER, That the commission may establish fees for the furnishing by it to licensees of identification stamps to be affixed to such devices and equipment as required by the commission and for such other special services or programs required or offered by the commission, the amount of each of these fees to be not less than is adequate to offset the cost to the commission of the stamps and of administering their dispersal to licensees or the cost of administering such other special services, requirements or programs;
(6) To prescribe the manner and method of payment of taxes, fees and penalties to be paid to or collected by the commission;
(7) To require that applications for all licenses contain such information as may be required by the commission: PROVIDED, That all persons (a) having a managerial or ownership interest in any gambling activity, or the building in which any gambling activity occurs, or the equipment to be used for any gambling activity, or (b) participating as an employee in the operation of any gambling activity, shall be listed on the application for the license and the applicant shall certify on the application, under oath, that the persons named on the application are all of the persons known to have an interest in any gambling activity, building, or equipment by the person making such application: PROVIDED FURTHER, That the commission shall require fingerprinting and national criminal history background checks on any persons seeking licenses, certifications, or permits under this chapter or of any person holding an interest in any gambling activity, building, or equipment to be used therefor, or of any person participating as an employee in the operation of any gambling activity. All national criminal history background checks shall be conducted using fingerprints submitted to the United States department of justice-federal bureau of investigation. The commission must establish rules to delineate which persons named on the application are subject to national criminal history background checks. In identifying these persons, the commission must take into consideration the nature, character, size, and scope of the gambling activities requested by the persons making such applications;
(8) To require that any license holder maintain records as directed by the commission and submit such reports as the commission may deem necessary;
(9) To require that all income from bingo games, raffles, and amusement games be recorded and reported as established by rule or regulation of the commission to the extent deemed necessary by considering the scope and character of the gambling activity in such a manner that will disclose gross income from any gambling activity, amounts received from each player, the nature and value of prizes, and the fact of distributions of such prizes to the winners thereof;
(10) To regulate and establish maximum limitations on income derived from bingo. In establishing limitations pursuant to this subsection the commission shall take into account (a) the nature, character, and scope of the activities of the licensee; (b) the source of all other income of the licensee; and (c) the percentage or extent to which income derived from bingo is used for charitable, as distinguished from nonprofit, purposes. However, the commission's powers and duties granted by this subsection are discretionary and not mandatory;
(11) To regulate and establish the type and scope of and manner of conducting the gambling activities authorized by this chapter, including but not limited to, the extent of wager, money, or other thing of value which may be wagered or contributed or won by a player in any such activities;
(12) To regulate the collection of and the accounting for the fee which may be imposed by an organization, corporation, or person licensed to conduct a social card game on a person desiring to become a player in a social card game in accordance with RCW 9.46.0282;
(13) To cooperate with and secure the cooperation of county, city, and other local or state agencies in investigating any matter within the scope of its duties and responsibilities;
(14) In accordance with RCW 9.46.080, to adopt such rules and regulations as are deemed necessary to carry out the purposes and provisions of this chapter. All rules and regulations shall be adopted pursuant to the administrative procedure act, chapter 34.05 RCW;
(15) To set forth for the perusal of counties, city-counties, cities and towns, model ordinances by which any legislative authority thereof may enter into the taxing of any gambling activity authorized by this chapter;
(16)(a) To establish and regulate a maximum limit on salaries or wages which may be paid to persons employed in connection with activities conducted by bona fide charitable or nonprofit organizations and authorized by this chapter, where payment of such persons is allowed, and to regulate and establish maximum limits for other expenses in connection with such authorized activities, including but not limited to rent or lease payments. However, the commissioner's powers and duties granted by this subsection are discretionary and not mandatory.
(b) In establishing these maximum limits the commission shall take into account the amount of income received, or expected to be received, from the class of activities to which the limits will apply and the amount of money the games could generate for authorized charitable or nonprofit purposes absent such expenses. The commission may also take into account, in its discretion, other factors, including but not limited to, the local prevailing wage scale and whether charitable purposes are benefited by the activities;
(17) To authorize, require, and issue for a period not to exceed one year such licenses or permits, for which the commission may by rule provide, to any person to work for any operator of any gambling activity authorized by this chapter in connection with that activity, or any manufacturer, supplier, or distributor of devices for those activities in connection with such business. The commission may authorize the director to temporarily issue or suspend licenses subject to final action by the commission. The commission shall not require that persons working solely as volunteers in an authorized activity conducted by a bona fide charitable or bona fide nonprofit organization, who receive no compensation of any kind for any purpose from that organization, and who have no managerial or supervisory responsibility in connection with that activity, be licensed to do such work. The commission may require that licensees employing such unlicensed volunteers submit to the commission periodically a list of the names, addresses, and dates of birth of the volunteers. If any volunteer is not approved by the commission, the commission may require that the licensee not allow that person to work in connection with the licensed activity;
(18) To publish and make available at the office of the commission or elsewhere to anyone requesting it a list of the commission licensees, including the name, address, type of license, and license number of each licensee;
(19) To establish guidelines for determining what constitutes active membership in bona fide nonprofit or charitable organizations for the purposes of this chapter;
(20) To renew the license of every person who applies for renewal within six months after being honorably discharged, removed, or released from active military service in the armed forces of the United States upon payment of the renewal fee applicable to the license period, if there is no cause for denial, suspension, or revocation of the license;
(21) To issue licenses under subsections (1) through (4) of this section that are valid for a period of up to eighteen months, if it chooses to do so, in order to transition to the use of the business licensing services program through the department of revenue; and
(22) To perform all other matters and things necessary to carry out the purposes and provisions of this chapter.
CREDIT(S)
[2012 c 116 § 1, eff. June 7, 2012; 2007 c 206 § 1, eff. July 22, 2007; 2002 c 119 § 1; 1999 c 143 § 6; 1993 c 344 § 1; 1987 c 4 § 38; 1981 c 139 § 3. Prior: 1977 ex.s. c 326 § 3; 1977 ex.s. c 76 § 2; 1975-'76 2nd ex.s. c 87 § 4; 1975 1st ex.s. c 259 § 4; 1974 ex.s. c 155 § 4; 1974 ex.s. c 135 § 4; 1973 2nd ex.s. c 41 § 4; 1973 1st ex.s. c 218 § 7.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.46.0701
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.46. Gambling--1973 Act (Refs & Annos)
9.46.0701. Charitable or nonprofit organizations--Sharing facilities
The commission may allow existing licensees under RCW 9.46.070(1) to share facilities at one location.
CREDIT(S)
[2002 c 369 § 2.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.46.071
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.46. Gambling--1973 Act (Refs & Annos)
9.46.071. Information for pathological gamblers--Fee increases
(1) The legislature recognizes that some individuals in this state are problem or pathological gamblers. Because the state promotes and regulates gambling through the activities of the state lottery commission, the Washington horse racing commission, and the Washington state gambling commission, the state has the responsibility to continue to provide resources for the support of services for problem and pathological gamblers. Therefore, the Washington state gambling commission, the Washington horse racing commission, and the state lottery commission shall jointly develop informational signs concerning problem and pathological gambling which include a toll-free hot line number for problem and pathological gamblers. The signs shall be placed in the establishments of gambling licensees, horse racing licensees, and lottery retailers. In addition, the Washington state gambling commission, the Washington horse racing commission, and the state lottery commission may also contract with other qualified entities to provide public awareness, training, and other services to ensure the intent of this section is fulfilled.
(2)(a) During any period in which RCW 82.04.285(2) is in effect, the commission may not increase fees payable by licensees under its jurisdiction for the purpose of funding services for problem and pathological gambling. Any fee imposed or increased by the commission, for the purpose of funding these services, before July 1, 2005, shall have no force and effect after July 1, 2005.
(b) During any period in which RCW 82.04.285(2) is not in effect:
(i) The commission, the Washington state horse racing commission, and the state lottery commission may contract for services, in addition to those authorized in subsection (1) of this section, to assist in providing for treatment of problem and pathological gambling; and
(ii) The commission may increase fees payable by licenses [licensees] under its jurisdiction for the purpose of funding the services authorized in this section for problem and pathological gamblers.
CREDIT(S)
[2005 c 369 § 9, eff. July 1, 2005; 2003 c 75 § 1, eff. July 27, 2003; 1994 c 218 § 6.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.46.072
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.46. Gambling--1973 Act (Refs & Annos)
9.46.072. Pathological gambling behavior--Warning
An entity licensed under RCW 9.46.070(1) which conducts or allows its premises to be used for conducting bingo on more than three occasions per week shall include the following statement in any advertising or promotion of gambling activity conducted by the licensee:
“CAUTION: Participation in gambling activity may result in pathological gambling behavior causing emotional and financial harm. For help, call 1-800-547-6133.”
For purposes of this section, “advertising” includes print media, point-of-sale advertising, electronic media, billboards, and radio advertising.
CREDIT(S)
[2002 c 369 § 3.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.46.075
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.46. Gambling--1973 Act (Refs & Annos)
9.46.075. Gambling commission--Denial, suspension, or revocation of license, permit--Other provisions not applicable
The commission may deny an application, or suspend or revoke any license or permit issued by it, for any reason or reasons, it deems to be in the public interest. These reasons shall include, but not be limited to, cases wherein the applicant or licensee, or any person with any interest therein:
(1) Has violated, failed or refused to comply with the provisions, requirements, conditions, limitations or duties imposed by chapter 9.46 RCW and any amendments thereto, or any rules adopted by the commission pursuant thereto, or when a violation of any provision of chapter 9.46 RCW, or any commission rule, has occurred upon any premises occupied or operated by any such person or over which he or she has substantial control;
(2) Knowingly causes, aids, abets, or conspires with another to cause, any person to violate any of the laws of this state or the rules of the commission;
(3) Has obtained a license or permit by fraud, misrepresentation, concealment, or through inadvertence or mistake;
(4) Has been convicted of, or forfeited bond upon a charge of, or pleaded guilty to, forgery, larceny, extortion, conspiracy to defraud, wilful failure to make required payments or reports to a governmental agency at any level, or filing false reports therewith, or of any similar offense or offenses, or of bribing or otherwise unlawfully influencing a public official or employee of any state or the United States, or of any crime, whether a felony or misdemeanor involving any gambling activity or physical harm to individuals or involving moral turpitude;
(5) Denies the commission or its authorized representatives, including authorized local law enforcement agencies, access to any place where a licensed activity is conducted or who fails promptly to produce for inspection or audit any book, record, document or item required by law or commission rule;
(6) Shall fail to display its license on the premises where the licensed activity is conducted at all times during the operation of the licensed activity;
(7) Makes a misrepresentation of, or fails to disclose, a material fact to the commission;
(8) Fails to prove, by clear and convincing evidence, that he, she or it is qualified in accordance with the provisions of this chapter;
(9) Is subject to current prosecution or pending charges, or a conviction which is under appeal, for any of the offenses included under subsection (4) of this section: PROVIDED, That at the request of an applicant for an original license, the commission may defer decision upon the application during the pendency of such prosecution or appeal;
(10) Has pursued or is pursuing economic gain in an occupational manner or context which is in violation of the criminal or civil public policy of this state if such pursuit creates probable cause to believe that the participation of such person in gambling or related activities would be inimical to the proper operation of an authorized gambling or related activity in this state. For the purposes of this section, occupational manner or context shall be defined as the systematic planning, administration, management or execution of an activity for financial gain;
(11) Is a career offender or a member of a career offender cartel or an associate of a career offender or career offender cartel in such a manner which creates probable cause to believe that the association is of such a nature as to be inimical to the policy of this chapter or to the proper operation of the authorized gambling or related activities in this state. For the purposes of this section, career offender shall be defined as any person whose behavior is pursued in an occupational manner or context for the purpose of economic gain utilizing such methods as are deemed criminal violations of the public policy of this state. A career offender cartel shall be defined as any group of persons who operate together as career offenders.
For the purpose of reviewing any application for a license and for considering the denial, suspension or revocation of any license the gambling commission may consider any prior criminal conduct of the applicant or licensee and the provisions of RCW 9.95.240 and of chapter 9.96A RCW shall not apply to such cases.
CREDIT(S)
[1981 c 139 § 4; 1975 1st ex.s. c 166 § 12.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.46.077
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.46. Gambling--1973 Act (Refs & Annos)
9.46.077. Gambling commission--Vacation of certain suspensions upon payment of monetary penalty
The commission, when suspending any license for a period of thirty days or less, may further provide in the order of suspension that such suspension shall be vacated upon payment to the commission of a monetary penalty in an amount then fixed by the commission.
CREDIT(S)
[1981 c 139 § 5.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.46.080
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.46. Gambling--1973 Act (Refs & Annos)
9.46.080. Gambling commission--Administrator--Staff--Rules and regulations--Service contracts
The commission shall employ a full time director, who shall be the administrator for the commission in carrying out its powers and duties and who shall issue rules and regulations adopted by the commission governing the activities authorized hereunder and shall supervise commission employees in carrying out the purposes and provisions of this chapter. In addition, the director shall employ a deputy director, not more than three assistant directors, together with such investigators and enforcement officers and such staff as the commission determines is necessary to carry out the purposes and provisions of this chapter. The director, the deputy director, the assistant directors, and personnel occupying positions requiring the performing of undercover investigative work shall be exempt from the provisions of chapter 41.06 RCW, as now law or hereafter amended. Neither the director nor any commission employee working therefor shall be an officer or manager of any bona fide charitable or bona fide nonprofit organization, or of any organization which conducts gambling activity in this state.
The director, subject to the approval of the commission, is authorized to enter into agreements on behalf of the commission for mutual assistance and services, based upon actual costs, with any state or federal agency or with any city, town, or county, and such state or local agency is authorized to enter into such an agreement with the commission. If a needed service is not available from another agency of state government within a reasonable time, the director may obtain that service from private industry.
CREDIT(S)
[1994 c 218 § 14; 1981 c 139 § 6; 1977 ex.s. c 326 § 4; 1974 ex.s. c 155 § 7; 1974 ex.s. c 135 § 7; 1973 1st ex.s. c 218 § 8.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.46.085
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.46. Gambling--1973 Act (Refs & Annos)
9.46.085. Gambling commission--Members and employees--Activities prohibited
A member or employee of the gambling commission shall not:
(1) Serve as an officer or manager of any corporation or organization which conducts a lottery or gambling activity;
(2) Receive or share in, directly or indirectly, the gross profits of any gambling activity regulated by the commission;
(3) Be beneficially interested in any contract for the manufacture or sale of gambling devices, the conduct of [a] gambling activity, or the provision of independent consultant services in connection with a gambling activity.
CREDIT(S)
[1986 c 4 § 1.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.46.090
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.46. Gambling--1973 Act (Refs & Annos)
9.46.090. Gambling commission--Reports
Subject to RCW 40.07.040, the commission shall, from time to time, make reports to the governor and the legislature covering such matters in connection with this chapter as the governor and the legislature may require. These reports shall be public documents and contain such general information and remarks as the commission deems pertinent thereto and any information requested by either the governor or members of the legislature: PROVIDED, That the commission appointed pursuant to RCW 9.46.040 may conduct a thorough study of the types of gambling activity permitted and the types of gambling activity prohibited by this chapter and may make recommendations to the legislature as to: (1) Gambling activity that ought to be permitted; (2) gambling activity that ought to be prohibited; (3) the types of licenses and permits that ought to be required; (4) the type and amount of tax that ought to be applied to each type of permitted gambling activity; (5) any changes which may be made to the law of this state which further the purposes and policies set forth in RCW 9.46.010 as now law or hereafter amended; and (6) any other matter that the commission may deem appropriate. Members of the commission and its staff may contact the legislature, or any of its members, at any time, to advise it of recommendations of the commission.
CREDIT(S)
[1987 c 505 § 3; 1981 c 139 § 7; 1977 c 75 § 4; 1975 1st ex.s. c 166 § 4; 1973 1st ex.s. c 218 § 9.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.46.095
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.46. Gambling--1973 Act (Refs & Annos)
9.46.095. Gambling commission--Proceedings against, jurisdiction--Immunity from liability
No court of the state of Washington other than the superior court of Thurston county shall have jurisdiction over any action or proceeding against the commission or any member thereof for anything done or omitted to be done in or arising out of the performance of his or her duties under this title: PROVIDED, That an appeal from an adjudicative proceeding involving a final decision of the commission to deny, suspend, or revoke a license shall be governed by chapter 34.05 RCW, the Administrative Procedure Act.
Neither the commission nor any member or members thereof shall be personally liable in any action at law for damages sustained by any person because of any acts performed or done, or omitted to be done, by the commission or any member of the commission, or any employee of the commission, in the performance of his or her duties and in the administration of this title.
CREDIT(S)
[1989 c 175 § 41; 1981 c 139 § 17.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.46.100
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.46. Gambling--1973 Act (Refs & Annos)
9.46.100. Gambling revolving fund--Created--Receipts--Disbursements--Use
There is hereby created the gambling revolving fund which shall consist of all moneys receivable for licensing, penalties, forfeitures, and all other moneys, income, or revenue received by the commission. The state treasurer shall be custodian of the fund. All moneys received by the commission or any employee thereof, except for change funds and an amount of petty cash as fixed by rule or regulation of the commission, shall be deposited each day in a depository approved by the state treasurer and transferred to the state treasurer to be credited to the gambling revolving fund. Disbursements from the revolving fund shall be on authorization of the commission or a duly authorized representative thereof. In order to maintain an effective expenditure and revenue control the gambling revolving fund shall be subject in all respects to chapter 43.88 RCW but no appropriation shall be required to permit expenditures and payment of obligations from such fund. All expenses relative to commission business, including but not limited to salaries and expenses of the director and other commission employees shall be paid from the gambling revolving fund.
During the 2003-2005 fiscal biennium, the legislature may transfer from the gambling revolving fund to the problem gambling treatment account, contingent on enactment of chapter ..., Laws of 2004 (*Second Substitute House Bill No. 2776, problem gambling treatment). Also during the 2003-2005 fiscal biennium, the legislature may transfer from the gambling revolving fund to the state general fund such amounts as reflect the excess nontribal fund balance of the fund. The commission shall not increase fees during the 2003-2005 fiscal biennium for the purpose of restoring the excess fund balance transferred under this section.
CREDIT(S)
[2004 c 276 § 903, eff. April 1, 2004; 2002 c 371 § 901; 1991 sp.s. c 16 § 917; 1985 c 405 § 505; 1977 ex.s. c 326 § 5; 1973 1st ex.s. c 218 § 10.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.46.110
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.46. Gambling--1973 Act (Refs & Annos)
9.46.110. Taxation of gambling activities--Limitations--Restrictions on punchboards and pull-tabs--Lien
(1) The legislative authority of any county, city-county, city, or town, by local law and ordinance, and in accordance with the provisions of this chapter and rules adopted under this chapter, may provide for the taxing of any gambling activity authorized by this chapter within its jurisdiction, the tax receipts to go to the county, city-county, city, or town so taxing the activity. Any such tax imposed by a county alone shall not apply to any gambling activity within a city or town located in the county but the tax rate established by a county, if any, shall constitute the tax rate throughout the unincorporated areas of such county.
(2) The operation of punchboards and pull-tabs are subject to the following conditions:
(a) Chances may only be sold to adults;
(b) The price of a single chance may not exceed one dollar;
(c) No punchboard or pull-tab license may award as a prize upon a winning number or symbol being drawn the opportunity of taking a chance upon any other punchboard or pull-tab;
(d) All prizes available to be won must be described on an information flare. All merchandise prizes must be on display within the immediate area of the premises in which any such punchboard or pull-tab is located. Upon a winning number or symbol being drawn, a merchandise prize must be immediately removed from the display and awarded to the winner. All references to cash or merchandise prizes, with a value over twenty dollars, must be removed immediately from the information flare when won, or such omission shall be deemed a fraud for the purposes of this chapter; and
(e) When any person wins money or merchandise from any punchboard or pull-tab over an amount determined by the commission, every licensee shall keep a public record of the award for at least ninety days containing such information as the commission shall deem necessary.
(3)(a) Taxation of bingo and raffles shall never be in an amount greater than five percent of the gross receipts from a bingo game or raffle less the amount awarded as cash or merchandise prizes.
(b) Taxation of amusement games shall only be in an amount sufficient to pay the actual costs of enforcement of the provisions of this chapter by the county, city or town law enforcement agency and in no event shall such taxation exceed two percent of the gross receipts from the amusement game less the amount awarded as prizes.
(c) No tax shall be imposed under the authority of this chapter on bingo or amusement games when such activities or any combination thereof are conducted by any bona fide charitable or nonprofit organization as defined in this chapter, which organization has no paid operating or management personnel and has gross receipts from bingo or amusement games, or a combination thereof, not exceeding five thousand dollars per year, less the amount awarded as cash or merchandise prizes.
(d) No tax shall be imposed on the first ten thousand dollars of gross receipts less the amount awarded as cash or merchandise prizes from raffles conducted by any bona fide charitable or nonprofit organization as defined in this chapter.
(e) Taxation of punchboards and pull-tabs for bona fide charitable or nonprofit organizations is based on gross receipts from the operation of the games less the amount awarded as cash or merchandise prizes, and shall not exceed a rate of ten percent. At the option of the county, city-county, city, or town, the taxation of punchboards and pull-tabs for commercial stimulant operators may be based on gross receipts from the operation of the games, and may not exceed a rate of five percent, or may be based on gross receipts from the operation of the games less the amount awarded as cash or merchandise prizes, and may not exceed a rate of ten percent.
(f) Taxation of social card games may not exceed twenty percent of the gross revenue from such games.
(4) Taxes imposed under this chapter become a lien upon personal and real property used in the gambling activity in the same manner as provided for under RCW 84.60.010. The lien shall attach on the date the tax becomes due and shall relate back and have priority against real and personal property to the same extent as ad valorem taxes.
CREDIT(S)
[1999 c 221 § 1; 1997 c 394 § 4; 1994 c 301 § 2; 1991 c 161 § 1; 1987 c 4 § 39. Prior: 1985 c 468 § 2; 1985 c 172 § 1; 1981 c 139 § 8; 1977 ex.s. c 198 § 1; 1974 ex.s. c 155 § 8; 1974 ex.s. c 135 § 8; 1973 1st ex.s. c 218 § 11.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.46.113
Effective: June 10, 2010
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.46. Gambling--1973 Act (Refs & Annos)
9.46.113. Taxation of gambling activities--Disbursement
Any county, city or town which collects a tax on gambling activities authorized pursuant to RCW 9.46.110 must use the revenue from such tax primarily for the purpose of public safety.
CREDIT(S)
[2010 c 127 § 6, eff. June 10, 2010; 1975 1st ex.s. c 166 § 11.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.46.115
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.46. Gambling--1973 Act (Refs & Annos)
9.46.115. Repealed by Laws 1984, ch. 135, § 1, eff. July 1, 1984
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.46.116
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.46. Gambling--1973 Act (Refs & Annos)
9.46.116. Fees on pull-tab and punchboard sales
The commission shall charge fees or increased fees on pull-tabs sold over-the-counter and on sales from punchboards and pull-tab devices at levels necessary to assure that the increased revenues are equal or greater to the amount of revenue lost by removing the special tax on coin-operated gambling devices by the 1984 repeal of *RCW 9.46.115.
CREDIT(S)
[1985 c 7 § 2; 1984 c 135 § 2.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.46.120
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.46. Gambling--1973 Act (Refs & Annos)
9.46.120. Restrictions on management or operation personnel--Restriction on leased premises
(1) Except in the case of an agricultural fair as authorized under chapters 15.76 and 36.37 RCW, no person other than a member of a bona fide charitable or nonprofit organization (and their employees) or any other person, association or organization (and their employees) approved by the commission, shall take any part in the management or operation of any gambling activity authorized under this chapter unless approved by the commission. No person who takes any part in the management or operation of any such gambling activity shall take any part in the management or operation of any gambling activity conducted by any other organization or any other branch of the same organization unless approved by the commission. No part of the proceeds of the activity shall inure to the benefit of any person other than the organization conducting such gambling activities or if such gambling activities be for the charitable benefit of any specific persons designated in the application for a license, then only for such specific persons as so designated.
(2) No bona fide charitable or nonprofit organization or any other person, association or organization shall conduct any gambling activity authorized under this chapter in any leased premises if rental for such premises is unreasonable or to be paid, wholly or partly, on the basis of a percentage of the receipts or profits derived from such gambling activity.
CREDIT(S)
[1997 c 394 § 3; 1987 c 4 § 40; 1973 1st ex.s. c 218 § 12.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.46.130
Effective: July 22, 2011
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.46. Gambling--1973 Act (Refs & Annos)
9.46.130. Inspection and audit of premises, paraphernalia, books, and records--Reports for the commission
The premises and paraphernalia, and all the books and records of any person, association, or organization conducting gambling activities authorized under this chapter and any person, association, or organization receiving profits therefrom or having any interest therein shall be subject to inspection and audit at any reasonable time, with or without notice, upon demand, by the commission or its designee, the attorney general or his or her designee, the chief of the Washington state patrol or his or her designee or the prosecuting attorney, sheriff, or director of public safety or their designees of the county wherein located, or the chief of police or his or her designee of any city or town in which said organization is located, for the purpose of determining compliance or noncompliance with the provisions of this chapter and any rules or regulations or local ordinances adopted pursuant thereto. A reasonable time for the purpose of this section shall be: (1) If the items or records to be inspected or audited are located anywhere upon a premises any portion of which is regularly open to the public or members and guests, then at any time when the premises are so open, or at which they are usually open; or (2) if the items or records to be inspected or audited are not located upon a premises set out in subsection (1) of this section, then any time between the hours of 8:00 a.m. and 9:00 p.m., Monday through Friday.
The commission shall be provided at such reasonable intervals as the commission shall determine with a report, under oath, detailing all receipts and disbursements in connection with such gambling activities together with such other reasonable information as required in order to determine whether such activities comply with the purposes of this chapter or any local ordinances relating thereto.
CREDIT(S)
[2011 c 336 § 303, eff. July 22, 2011; 1981 c 139 § 10; 1975 1st ex.s. c 166 § 7; 1973 1st ex.s. c 218 § 13.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.46.140
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.46. Gambling--1973 Act (Refs & Annos)
9.46.140. Gambling commission--Investigations--Inspections--Hearing and subpoena power--Administrative law judges
(1) The commission or its authorized representative may:
(a) Make necessary public or private investigations within or outside of this state to determine whether any person has violated or is about to violate this chapter or any rule or order hereunder, or to aid in the enforcement of this chapter or in the prescribing of rules and forms hereunder; and
(b) Inspect the books, documents, and records of any person lending money to or in any manner financing any license holder or applicant for a license or receiving any income or profits from the use of such license for the purpose of determining compliance or noncompliance with the provisions of this chapter or the rules and regulations adopted pursuant thereto.
(2) For the purpose of any investigation or proceeding under this chapter, the commission or an administrative law judge appointed under chapter 34.12 RCW may conduct hearings, administer oaths or affirmations, or upon the commission's or administrative law judge's motion or upon request of any party may subpoena witnesses, compel attendance, take depositions, take evidence, or require the production of any matter which is relevant to the investigation or proceeding, including but not limited to the existence, description, nature, custody, condition, or location of any books, documents, or other tangible things, or the identity or location of persons having knowledge or relevant facts, or any other matter reasonably calculated to lead to the discovery of material evidence.
(3) Upon failure to obey a subpoena or to answer questions propounded by the administrative law judge and upon reasonable notice to all persons affected thereby, the director may apply to the superior court for an order compelling compliance.
(4) The administrative law judges appointed under chapter 34.12 RCW may conduct hearings respecting the suspension, revocation, or denial of licenses, who may administer oaths, admit or deny admission of evidence, compel the attendance of witnesses, issue subpoenas, issue orders, and exercise all other powers and perform all other functions set out in RCW 34.05.446, 34.05.449, and 34.05.452.
(5) Except as otherwise provided in this chapter, all proceedings under this chapter shall be in accordance with the Administrative Procedure Act, chapter 34.05 RCW.
CREDIT(S)
[1989 c 175 § 42; 1981 c 67 § 16; 1977 ex.s. c 326 § 7; 1975 1st ex.s. c 166 § 8; 1973 1st ex.s. c 218 § 14.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.46.150
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.46. Gambling--1973 Act (Refs & Annos)
9.46.150. Injunctions--Voiding of licenses, permits, or certificates
(1) Any activity conducted in violation of any provision of this chapter may be enjoined in an action commenced by the commission through the attorney general or by the prosecuting attorney or legal counsel of any city or town in which the prohibited activity may occur.
(2) When a violation of any provision of this chapter or any rule or regulation adopted pursuant hereto has occurred on any property or premises for which one or more licenses, permits, or certificates issued by this state, or any political subdivision or public agency thereof are in effect, all such licenses, permits and certificates may be voided and no license, permit, or certificate so voided shall be issued or reissued for such property or premises for a period of up to sixty days thereafter.
CREDIT(S)
[1973 1st ex.s. c 218 § 15.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.46.153
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.46. Gambling--1973 Act (Refs & Annos)
9.46.153. Applicants and licensees--Responsibilities and duties--Waiver of liability--Investigation statement as privileged
(1) It shall be the affirmative responsibility of each applicant and licensee to establish by clear and convincing evidence the necessary qualifications for licensure of each person required to be qualified under this chapter, as well as the qualifications of the facility in which the licensed activity will be conducted;
(2) All applicants and licensees shall consent to inspections, searches and seizures and the supplying of handwriting examples as authorized by this chapter and rules adopted hereunder;
(3) All licensees, and persons having any interest in licensees, including but not limited to employees and agents of licensees, and other persons required to be qualified under this chapter or rules of the commission shall have a duty to inform the commission or its staff of any action or omission which they believe would constitute a violation of this chapter or rules adopted pursuant thereto. No person who so informs the commission or the staff shall be discriminated against by an applicant or licensee because of the supplying of such information;
(4) All applicants, licensees, persons who are operators or directors thereof and persons who otherwise have a substantial interest therein shall have the continuing duty to provide any assistance or information required by the commission and to investigations conducted by the commission. If, upon issuance of a formal request to answer or produce information, evidence or testimony, any applicant, licensee or officer or director thereof or person with a substantial interest therein, refuses to comply, the applicant or licensee may be denied or revoked by the commission;
(5) All applicants and licensees shall waive any and all liability as to the state of Washington, its agencies, employees and agents for any damages resulting from any disclosure or publication in any manner, other than a wilfully unlawful disclosure or publication, of any information acquired by the commission during its licensing or other investigations or inquiries or hearings;
(6) Each applicant or licensee may be photographed for investigative and identification purposes in accordance with rules of the commission;
(7) An application to receive a license under this chapter or rules adopted pursuant thereto constitutes a request for determination of the applicant's and those person's with an interest in the applicant, general character, integrity and ability to engage or participate in, or be associated with, gambling or related activities impacting this state. Any written or oral statement made in the course of an official investigation, proceeding or process of the commission by any member, employee or agent thereof or by any witness, testifying under oath, which is relevant to the investigation, proceeding or process, is absolutely privileged and shall not impose any liability for slander, libel or defamation, or constitute any grounds for recovery in any civil action.
CREDIT(S)
[1981 c 139 § 14.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.46.155
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.46. Gambling--1973 Act (Refs & Annos)
9.46.155. Applicants and licensees--Bribes to public officials, employees, agents--Penalty
(1) No applicant or licensee shall give or provide, or offer to give or provide, directly or indirectly, to any public official or employee or agent of this state, or any of its agencies or political subdivisions, any compensation or reward, or share of the money or property paid or received through gambling activities, in consideration for obtaining any license, authorization, permission or privilege to participate in any gaming operations except as authorized by this chapter or rules adopted pursuant thereto.
(2) Violation of this section is a class C felony for which a person, upon conviction, shall be punished by imprisonment for not more than five years or a fine of not more than one hundred thousand dollars, or both.
CREDIT(S)
[2003 c 53 § 34, eff. July 1, 2004; 1981 c 139 § 15.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.46.158
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.46. Gambling--1973 Act (Refs & Annos)
9.46.158. Applicants, licensees, operators--Commission approval for hiring certain persons
No applicant for a license from, nor licensee of, the commission, nor any operator of any gambling activity, shall, without advance approval of the commission, knowingly permit any person to participate in the management or operation of any activity for which a license from the commission is required or which is otherwise authorized by this chapter if that person:
(1) Has been convicted of, or forfeited bond upon a charge of, or pleaded guilty to, forgery, larceny, extortion, conspiracy to defraud, wilful failure to make required payments or reports to a governmental agency at any level, or filing false reports therewith, or of any similar offense or offenses, or of any crime, whether a felony or misdemeanor involving any gambling activity or physical harm to individuals or involving moral turpitude; or
(2) Has violated, failed, or refused to comply with provisions, requirements, conditions, limitations or duties imposed by this chapter, and any amendments thereto, or any rules adopted by the commission pursuant thereto, or has permitted, aided, abetted, caused, or conspired with another to cause, any person to violate any of the provisions of this chapter or rules of the commission.
CREDIT(S)
[1981 c 139 § 18.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.46.160
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.46. Gambling--1973 Act (Refs & Annos)
9.46.160. Conducting activity without license
Any person who conducts any activity for which a license is required by this chapter, or by rule of the commission, without the required license issued by the commission shall be guilty of a class B felony. If any corporation conducts any activity for which a license is required by this chapter, or by rule of the commission, without the required license issued by the commission, it may be punished by forfeiture of its corporate charter, in addition to the other penalties set forth in this section.
CREDIT(S)
[1991 c 261 § 3; 1975 1st ex.s. c 166 § 9; 1973 1st ex.s. c 218 § 16.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.46.170
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.46. Gambling--1973 Act (Refs & Annos)
9.46.170. False or misleading entries or statements, refusal to produce records
Whoever, in any application for a license or in any book or record required to be maintained by the commission or in any report required to be submitted to the commission, shall make any false or misleading statement, or make any false or misleading entry or wilfully fail to maintain or make any entry required to be maintained or made, or who wilfully refuses to produce for inspection by the commission, or its designee, any book, record, or document required to be maintained or made by federal or state law, shall be guilty of a gross misdemeanor subject to the penalty set forth in RCW 9A.20.021.
CREDIT(S)
[1991 c 261 § 4; 1973 1st ex.s. c 218 § 17.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.46.180
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.46. Gambling--1973 Act (Refs & Annos)
9.46.180. Causing person to violate chapter
Any person who knowingly causes, aids, abets, or conspires with another to cause any person to violate any provision of this chapter shall be guilty of a class B felony subject to the penalty in RCW 9A.20.021.
CREDIT(S)
[1991 c 261 § 5; 1977 ex.s. c 326 § 8; 1973 1st ex.s. c 218 § 18.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.46.185
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.46. Gambling--1973 Act (Refs & Annos)
9.46.185. Causing person to violate rule or regulation
Any person who knowingly causes, aids, abets, or conspires with another to cause any person to violate any rule or regulation adopted pursuant to this chapter shall be guilty of a gross misdemeanor subject to the penalty set forth in RCW 9A.20.021.
CREDIT(S)
[1991 c 261 § 6; 1977 ex.s. c 326 § 9.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.46.190
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.46. Gambling--1973 Act (Refs & Annos)
9.46.190. Violations relating to fraud or deceit
Any person or association or organization operating any gambling activity who or which, directly or indirectly, shall in the course of such operation:
(1) Employ any device, scheme, or artifice to defraud; or
(2) Make any untrue statement of a material fact, or omit to state a material fact necessary in order to make the statement made not misleading, in the light of the circumstances under which said statement is made; or
(3) Engage in any act, practice or course of operation as would operate as a fraud or deceit upon any person;
Shall be guilty of a gross misdemeanor subject to the penalty set forth in RCW 9A.20.021.
CREDIT(S)
[1991 c 261 § 7; 1977 ex.s. c 326 § 10; 1973 1st ex.s. c 218 § 19.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.46.192
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.46. Gambling--1973 Act (Refs & Annos)
9.46.192. Cities and towns--Ordinance enacting certain sections of chapter--Limitations--Penalties
Every city or town is authorized to enact as an ordinance of that city or town any or all of the sections of this chapter the violation of which constitutes a misdemeanor or gross misdemeanor. The city or town may not modify the language of any section of this chapter in enacting such section except as necessary to put the section in the proper form of an ordinance or to provide for a sentence [to] be served in the appropriate detention facility. The ordinance must provide for the same maximum penalty for its violation as may be imposed under the section in this chapter.
CREDIT(S)
[1977 ex.s. c 326 § 11.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.46.193
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.46. Gambling--1973 Act (Refs & Annos)
9.46.193. Cities and towns--Ordinance adopting certain sections of chapter--Jurisdiction of courts
District courts operating under the provisions of chapters 3.30 through 3.74 RCW, except municipal departments of such courts operating under chapter 3.46 RCW and municipal courts operating under chapter 3.50 RCW, shall have concurrent jurisdiction with the superior court to hear, try, and determine misdemeanor and gross misdemeanor violations of this chapter and violations of any ordinance passed under authority of this chapter by any city or town.
Municipal courts operating under chapters 35.20 or 3.50 RCW and municipal departments of the district court operating under chapter 3.46 RCW, shall have concurrent jurisdiction with the superior court to hear, try, and determine violations of any ordinance passed under authority of this chapter by the city or town in which the court is located.
Notwithstanding any other provision of law, each of these courts shall have the jurisdiction and power to impose up to the maximum penalties provided for the violation of the ordinances adopted under the authority of this chapter. Review of the judgments of these courts shall be as provided in other criminal actions.
CREDIT(S)
[1977 ex.s. c 326 § 12.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.46.195
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.46. Gambling--1973 Act (Refs & Annos)
9.46.195. Obstruction of public servant--Penalty
No person shall intentionally obstruct or attempt to obstruct a public servant in the administration or enforcement of this chapter by using or threatening to use physical force or by means of any unlawful act. Any person who violates this section shall be guilty of a misdemeanor.
CREDIT(S)
[1974 ex.s. c 155 § 11; 1974 ex.s. c 135 § 11.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.46.196
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.46. Gambling--1973 Act (Refs & Annos)
9.46.196. Cheating--Defined
“Cheating,” as used in this chapter, means to:
(1) Employ or attempt to employ any device, scheme, or artifice to defraud any other participant or any operator;
(2) Engage in any act, practice, or course of operation as would operate as a fraud or deceit upon any other participant or any operator;
(3) Engage in any act, practice, or course of operation while participating in a gambling activity with the intent of cheating any other participant or the operator to gain an advantage in the game over the other participant or operator; or
(4) Cause, aid, abet, or conspire with another person to cause any other person to violate subsections (1) through (3) of this section.
CREDIT(S)
[2002 c 253 § 1; 1991 c 261 § 8; 1977 ex.s. c 326 § 13.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.46.1961
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.46. Gambling--1973 Act (Refs & Annos)
9.46.1961. Cheating in the first degree
(1) A person is guilty of cheating in the first degree if he or she engages in cheating and:
(a) Knowingly causes, aids, abets, or conspires with another to engage in cheating; or
(b) Holds a license or similar permit issued by the state of Washington to conduct, manage, or act as an employee in an authorized gambling activity.
(2) Cheating in the first degree is a class C felony subject to the penalty set forth in RCW 9A.20.021. In addition to any other penalties imposed by law for a conviction of a violation of this section the court may impose an additional penalty of up to twenty thousand dollars.
CREDIT(S)
[2002 c 253 § 2.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.46.1962
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.46. Gambling--1973 Act (Refs & Annos)
9.46.1962. Cheating in the second degree
(1) A person is guilty of cheating in the second degree if he or she engages in cheating and his or her conduct does not constitute cheating in the first degree.
(2) Cheating in the second degree is a gross misdemeanor subject to the penalty set forth in RCW 9A.20.021.
CREDIT(S)
[2002 c 253 § 3.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.46.198
Effective: July 22, 2011
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.46. Gambling--1973 Act (Refs & Annos)
9.46.198. Working in gambling activity without license as violation--Penalty
Any person who works as an employee or agent or in a similar capacity for another person in connection with the operation of an activity for which a license is required under this chapter or by commission rule without having obtained the applicable license required by the commission under RCW 9.46.070(17) shall be guilty of a gross misdemeanor and shall, upon conviction, be punished by up to three hundred sixty-four days in the county jail or a fine of not more than five thousand dollars, or both.
CREDIT(S)
[2011 c 96 § 7, eff. July 22, 2011; 1999 c 143 § 7; 1977 ex.s. c 326 § 14.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.46.200
Effective: July 22, 2011
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.46. Gambling--1973 Act (Refs & Annos)
9.46.200. Action for money damages due to violations--Interest--Attorneys' fees--Evidence for exoneration
In
addition to any other penalty provided for in this chapter, every person,
directly or indirectly controlling the operation of any gambling activity
authorized by this chapter, including a director, officer, and/
CREDIT(S)
[2011 c 336 § 304, eff. July 22, 2011; 1987 c 4 § 41; 1974 ex.s. c 155 § 10; 1974 ex.s. c 135 § 10; 1973 1st ex.s. c 218 § 20.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.46.210
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.46. Gambling--1973 Act (Refs & Annos)
9.46.210. Enforcement--Commission as a law enforcement agency
(1) It shall be the duty of all peace officers, law enforcement officers, and law enforcement agencies within this state to investigate, enforce, and prosecute all violations of this chapter.
(2) In addition to the authority granted by subsection (1) of this section law enforcement agencies of cities and counties shall investigate and report to the commission all violations of the provisions of this chapter and of the rules of the commission found by them and shall assist the commission in any of its investigations and proceedings respecting any such violations. Such law enforcement agencies shall not be deemed agents of the commission.
(3) In addition to its other powers and duties, the commission shall have the power to enforce the penal provisions of *chapter 218, Laws of 1973 1st ex. sess. and as it may be amended, and the penal laws of this state relating to the conduct of or participation in gambling activities and the manufacturing, importation, transportation, distribution, possession, and sale of equipment or paraphernalia used or for use in connection therewith. The director, the deputy director, both assistant directors, and each of the commission's investigators, enforcement officers, and inspectors shall have the power, under the supervision of the commission, to enforce the penal provisions of *chapter 218, Laws of 1973 1st ex. sess. and as it may be amended, and the penal laws of this state relating to the conduct of or participation in gambling activities and the manufacturing, importation, transportation, distribution, possession, and sale of equipment or paraphernalia used or for use in connection therewith. They shall have the power and authority to apply for and execute all warrants and serve process of law issued by the courts in enforcing the penal provisions of *chapter 218, Laws of 1973 1st ex. sess. and as it may be amended, and the penal laws of this state relating to the conduct of or participation in gambling activities and the manufacturing, importation, transportation, distribution, possession, and sale of equipment or paraphernalia used or for use in connection therewith. They shall have the power to arrest without a warrant, any person or persons found in the act of violating any of the penal provisions of *chapter 218, Laws of 1973 1st ex. sess. and as it may be amended, and the penal laws of this state relating to the conduct of or participation in gambling activities and the manufacturing, importation, transportation, distribution, possession, and sale of equipment or paraphernalia used or for use in connection therewith. To the extent set forth above, the commission shall be a law enforcement agency of this state with the power to investigate for violations of and to enforce the provisions of this chapter, as now law or hereafter amended, and to obtain information from and provide information to all other law enforcement agencies.
(4) Criminal history record information that includes nonconviction data, as defined in RCW 10.97.030, may be disseminated by a criminal justice agency to the Washington state gambling commission for any purpose associated with the investigation for suitability for involvement in gambling activities authorized under this chapter. The Washington state gambling commission shall only disseminate nonconviction data obtained under this section to criminal justice agencies.
CREDIT(S)
[2000 c 46 § 1; 1981 c 139 § 11; 1977 ex.s. c 326 § 15; 1975 1st ex.s. c 166 § 10; 1974 ex.s. c 155 § 9; 1974 ex.s. c 135 § 9; 1973 1st ex.s. c 218 § 21.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.46.215
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.46. Gambling--1973 Act (Refs & Annos)
9.46.215. Ownership or interest in gambling device--Penalty--Exceptions
(1) Whoever knowingly owns, manufactures, possesses, buys, sells, rents, leases, finances, holds a security interest in, stores, repairs, or transports any gambling device or offers or solicits any interest therein, whether through an agent or employee or otherwise, is guilty of a class C felony and shall be fined not more than one hundred thousand dollars or imprisoned not more than five years or both.
(2) This section does not apply to persons licensed by the commission, or who are otherwise authorized by this chapter, or by commission rule, to conduct gambling activities without a license, respecting devices that are to be used, or are being used, solely in that activity for which the license was issued, or for which the person has been otherwise authorized if:
(a) The person is acting in conformance with this chapter and the rules adopted under this chapter; and
(b) The devices are a type and kind traditionally and usually employed in connection with the particular activity.
(3) This section also does not apply to any act or acts by the persons in furtherance of the activity for which the license was issued, or for which the person is authorized, when the activity is conducted in compliance with this chapter and in accordance with the rules adopted under this chapter.
(4) In the enforcement of this section direct possession of any such a gambling device is presumed to be knowing possession thereof.
CREDIT(S)
[2003 c 53 § 35, eff. July 1, 2004; 1994 c 218 § 9.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.46.217
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.46. Gambling--1973 Act (Refs & Annos)
9.46.217. Gambling records--Penalty--Exceptions
Whoever knowingly prints, makes, possesses, stores, or transports any gambling record, or buys, sells, offers, or solicits any interest therein, whether through an agent or employee or otherwise, is guilty of a gross misdemeanor. However, this section does not apply to records relating to and kept for activities authorized by this chapter when the records are of the type and kind traditionally and usually employed in connection with the particular activity. This section also does not apply to any act or acts in furtherance of the activities when conducted in compliance with this chapter and in accordance with the rules adopted under this chapter. In the enforcement of this section direct possession of any such a gambling record is presumed to be knowing possession thereof.
CREDIT(S)
[1994 c 218 § 10.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.46.220
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.46. Gambling--1973 Act (Refs & Annos)
9.46.220. Professional gambling in the first degree
(1) A person is guilty of professional gambling in the first degree if he or she engages in, or knowingly causes, aids, abets, or conspires with another to engage in professional gambling as defined in this chapter, and:
(a) Acts in concert with or conspires with five or more people; or
(b) Personally accepts wagers exceeding five thousand dollars during any thirty-day period on future contingent events; or
(c) The operation for whom the person works, or with which the person is involved, accepts wagers exceeding five thousand dollars during any thirty-day period on future contingent events; or
(d) Operates, manages, or profits from the operation of a premises or location where persons are charged a fee to participate in card games, lotteries, or other gambling activities that are not authorized by this chapter or licensed by the commission.
(2) However, this section shall not apply to those activities enumerated in RCW 9.46.0305 through 9.46.0361 or to any act or acts in furtherance of such activities when conducted in compliance with the provisions of this chapter and in accordance with the rules adopted pursuant to this chapter.
(3) Professional gambling in the first degree is a class B felony subject to the penalty set forth in RCW 9A.20.021.
CREDIT(S)
[1997 c 78 § 2; 1994 c 218 § 11; 1991 c 261 § 10; 1987 c 4 § 42; 1973 1st ex.s. c 218 § 22.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.46.221
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.46. Gambling--1973 Act (Refs & Annos)
9.46.221. Professional gambling in the second degree
(1) A person is guilty of professional gambling in the second degree if he or she engages in or knowingly causes, aids, abets, or conspires with another to engage in professional gambling as defined in this chapter, and:
(a) Acts in concert with or conspires with less than five people; or
(b) Accepts wagers exceeding two thousand dollars during any thirty-day period on future contingent events; or
(c) The operation for whom the person works, or with which the person is involved, accepts wagers exceeding two thousand dollars during any thirty-day period on future contingent events; or
(d) Maintains a “gambling premises” as defined in this chapter; or
(e) Maintains gambling records as defined in RCW 9.46.0253.
(2) However, this section shall not apply to those activities enumerated in RCW 9.46.0305 through 9.46.0361 or to any act or acts in furtherance of such activities when conducted in compliance with the provisions of this chapter and in accordance with the rules adopted pursuant to this chapter.
(3) Professional gambling in the second degree is a class C felony subject to the penalty set forth in RCW 9A.20.021.
CREDIT(S)
[1997 c 78 § 3; 1994 c 218 § 12; 1991 c 261 § 11.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.46.222
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.46. Gambling--1973 Act (Refs & Annos)
9.46.222. Professional gambling in the third degree
(1) A person is guilty of professional gambling in the third degree if he or she engages in, or knowingly causes, aids, abets, or conspires with another to engage in professional gambling as defined in this chapter, and:
(a) His or her conduct does not constitute first or second degree professional gambling;
(b) He or she operates any of the unlicensed gambling activities authorized by this chapter in a manner other than as prescribed by this chapter; or
(c) He or she is directly employed in but not managing or directing any gambling operation.
(2) This section shall not apply to those activities enumerated in RCW 9.46.0305 through 9.46.0361 or to any acts in furtherance of such activities when conducted in compliance with the provisions of this chapter and the rules adopted pursuant to this chapter.
(3) Professional gambling in the third degree is a gross misdemeanor subject to the penalty established in RCW 9A.20.021.
CREDIT(S)
[1994 c 218 § 13; 1991 c 261 § 12.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.46.225
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.46. Gambling--1973 Act (Refs & Annos)
9.46.225. Professional gambling--Penalties not applicable to authorized activities
The penalties provided for professional gambling in this chapter shall not apply to the activities authorized by this chapter when conducted in compliance with the provisions of this chapter and in accordance with the rules and regulations of the commission.
CREDIT(S)
[1987 c 4 § 37. Formerly RCW 9.46.030(11).]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.46.228
Effective: July 26, 2009
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.46. Gambling--1973 Act (Refs & Annos)
9.46.228. Gambling activities by persons under age eighteen prohibited--Penalties--Jurisdiction--In-house controlled purchase programs authorized
(1) It is unlawful for any person under the age of eighteen to play in authorized gambling activities including, but not limited to, punchboards, pull-tabs, or card games, or to participate in fund-raising events. Persons under the age of eighteen may play bingo, raffles, and amusement game activities only as provided in commission rules.
(2) A person under the age of eighteen who violates subsection (1) of this section by engaging in, or attempting to engage in, prohibited gambling activities commits a class 2 civil infraction under chapter 7.80 RCW and is subject to a fine set out in chapter 7.80 RCW, up to four hours of community restitution, and any court imposed costs.
(3) The juvenile court divisions in superior courts within the state have jurisdiction for enforcement of this section.
(4)(a) An employer may conduct an in-house controlled purchase program authorized for the purposes of employee training and employer self-compliance checks.
(b) The civil infraction provisions of this section do not apply to a person under the age of eighteen who is participating in an in-house controlled purchase program authorized by the commission under rules adopted by the commission. Violations occurring under an in-house controlled purchase program authorized by the commission may not be used for criminal or administrative prosecution.
(c) An employer who conducts an in-house controlled purchase program authorized under this section shall provide his or her employees a written description of the employer's in-house controlled purchase program. The written description must include notice of actions an employer may take as a consequence of an employee's failure to comply with company policies regarding unauthorized persons engaging in gambling activities during a controlled purchase program authorized under this section.
(5)
A person under the age of eighteen who violates subsection (1) of this section
shall not collect any winnings or recover any losses arising as a result of
unlawfully participating in any gambling activity. Additionally, any money or
anything of value which has been obtained by, or is owed to, any person under
the age of eighteen as a result of such participation shall be forfeited to the
department of social and health services division of alcohol and substance abuse
or its successor and used for a program related to youth problem gambling
awareness, prevention, and/
CREDIT(S)
[2009 c 357 § 2, eff. July 26, 2009.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.46.230
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.46. Gambling--1973 Act (Refs & Annos)
9.46.230. Repealed by Laws 1994, ch. 218, § 19, eff. April 1, 1994
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.46.231
Effective: June 12, 2008
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.46. Gambling--1973 Act (Refs & Annos)
9.46.231. Gambling devices, real and personal property--Seizure and forfeiture
(1) The following are subject to seizure and forfeiture and no property right exists in them:
(a) All gambling devices as defined in this chapter;
(b) All furnishings, fixtures, equipment, and stock, including without limitation furnishings and fixtures adaptable to nongambling uses and equipment and stock for printing, recording, computing, transporting, or safekeeping, used in connection with professional gambling or maintaining a gambling premises;
(c) All conveyances, including aircraft, vehicles, or vessels, that are used, or intended for use, in any manner to facilitate the sale, delivery, receipt, or operation of any gambling device, or the promotion or operation of a professional gambling activity, except that:
(i) A conveyance used by any person as a common carrier in the transaction of business as a common carrier is not subject to forfeiture under this section unless it appears that the owner or other person in charge of the conveyance is a consenting party or privy to a violation of this chapter;
(ii) A conveyance is not subject to forfeiture under this section by reason of any act or omission established by the owner thereof to have been committed or omitted without the owner's knowledge or consent;
(iii) A forfeiture of a conveyance encumbered by a bona fide security interest is subject to the interest of the secured party if the secured party neither had knowledge of nor consented to the act or omission; and
(iv) If the owner of a conveyance has been arrested under this chapter the conveyance in which the person is arrested may not be subject to forfeiture unless it is seized or process is issued for its seizure within ten days of the owner's arrest;
(d) All books, records, and research products and materials, including formulas, microfilm, tapes, and electronic data that are used, or intended for use, in violation of this chapter;
(e) All moneys, negotiable instruments, securities, or other tangible or intangible property of value at stake or displayed in or in connection with professional gambling activity or furnished or intended to be furnished by any person to facilitate the promotion or operation of a professional gambling activity;
(f) All tangible or intangible personal property, proceeds, or assets acquired in whole or in part with proceeds traceable to professional gambling activity and all moneys, negotiable instruments, and securities used or intended to be used to facilitate any violation of this chapter. A forfeiture of money, negotiable instruments, securities, or other tangible or intangible property encumbered by a bona fide security interest is subject to the interest of the secured party if, at the time the security interest was created, the secured party neither had knowledge of nor consented to the act or omission. Personal property may not be forfeited under this subsection (1)(f), to the extent of the interest of an owner, by reason of any act or omission that that owner establishes was committed or omitted without the owner's knowledge or consent; and
(g) All real property, including any right, title, and interest in the whole of any lot or tract of land, and any appurtenances or improvements that:
(i) Have been used with the knowledge of the owner for the manufacturing, processing, delivery, importing, or exporting of any illegal gambling equipment, or operation of a professional gambling activity that would constitute a felony violation of this chapter; or
(ii) Have been acquired in whole or in part with proceeds traceable to a professional gambling activity, if the activity is not less than a class C felony.
Real property forfeited under this chapter that is encumbered by a bona fide security interest remains subject to the interest of the secured party if the secured party, at the time the security interest was created, neither had knowledge of nor consented to the act or omission. Property may not be forfeited under this subsection, to the extent of the interest of an owner, by reason of any act or omission committed or omitted without the owner's knowledge or consent.
(2)(a) A law enforcement officer of this state may seize real or personal property subject to forfeiture under this chapter upon process issued by any superior court having jurisdiction over the property. Seizure of real property includes the filing of a lis pendens by the seizing agency. Real property seized under this section may not be transferred or otherwise conveyed until ninety days after seizure or until a judgment of forfeiture is entered, whichever is later, but real property seized under this section may be transferred or conveyed to any person or entity who acquires title by foreclosure or deed in lieu of foreclosure of a bona fide security interest.
(b) Seizure of personal property without process may be made if:
(i) The seizure is incident to an arrest or a search under a search warrant or an inspection under an administrative inspection warrant;
(ii) The property subject to seizure has been the subject of a prior judgment in favor of the state in a criminal injunction or forfeiture proceeding based upon this chapter;
(iii) A law enforcement officer has probable cause to believe that the property is directly or indirectly dangerous to health or safety; or
(iv) The law enforcement officer has probable cause to believe that the property was used or is intended to be used in violation of this chapter.
(3) In the event of seizure under subsection (2) of this section, proceedings for forfeiture are deemed commenced by the seizure. The law enforcement agency under whose authority the seizure was made shall cause notice to be served within fifteen days following the seizure on the owner of the property seized and the person in charge thereof and any person having any known right or interest therein, including any community property interest, of the seizure and intended forfeiture of the seized property. Service of notice of seizure of real property must be made according to the rules of civil procedure. However, the state may not obtain a default judgment with respect to real property against a party who is served by substituted service absent an affidavit stating that a good faith effort has been made to ascertain if the defaulted party is incarcerated within the state, and that there is no present basis to believe that the party is incarcerated within the state. Notice of seizure in the case of property subject to a security interest that has been perfected by filing a financing statement in accordance with chapter 62A.9A RCW, or a certificate of title, must be made by service upon the secured party or the secured party's assignee at the address shown on the financing statement or the certificate of title. The notice of seizure in other cases may be served by any method authorized by law or court rule including but not limited to service by certified mail with return receipt requested. Service by mail is deemed complete upon mailing within the fifteen-day period following the seizure.
(4) If no person notifies the seizing law enforcement agency in writing of the person's claim of ownership or right to possession of items specified in subsection (1) of this section within forty-five days of the seizure in the case of personal property and ninety days in the case of real property, the item seized is deemed forfeited. The community property interest in real property of a person whose spouse or domestic partner committed a violation giving rise to seizure of the real property may not be forfeited if the person did not participate in the violation.
(5) If any person notifies the seizing law enforcement agency in writing of the person's claim of ownership or right to possession of items specified in subsection (1) of this section within forty-five days of the seizure in the case of personal property and ninety days in the case of real property, the person or persons must be afforded a reasonable opportunity to be heard as to the claim or right. The hearing must be before the chief law enforcement officer of the seizing agency or the chief law enforcement officer's designee, except if the seizing agency is a state agency as defined in RCW 34.12.020(4), the hearing must be before the chief law enforcement officer of the seizing agency or an administrative law judge appointed under chapter 34.12 RCW, except that any person asserting a claim or right may remove the matter to a court of competent jurisdiction. Removal of any matter involving personal property may only be accomplished according to the rules of civil procedure. The person seeking removal of the matter must serve process against the state, county, political subdivision, or municipality that operates the seizing agency, and any other party of interest, in accordance with RCW 4.28.080 or 4.92.020, within forty-five days after the person seeking removal has notified the seizing law enforcement agency of the person's claim of ownership or right to possession. The court to which the matter is to be removed must be the district court if the aggregate value of personal property is within the jurisdictional limit set forth in RCW 3.66.020. A hearing before the seizing agency and any appeal therefrom must be under Title 34 RCW. In a court hearing between two or more claimants to the article or articles involved, the prevailing party is entitled to a judgment for costs and reasonable attorneys' fees. In cases involving personal property, the burden of producing evidence is upon the person claiming to be the lawful owner or the person claiming to have the lawful right to possession of the property. In cases involving property seized under subsection (1)(a) of this section, the only issues to be determined by the tribunal are whether the item seized is a gambling device, and whether the device is an antique device as defined by RCW 9.46.235. In cases involving real property, the burden of producing evidence is upon the law enforcement agency. The burden of proof that the seized real property is subject to forfeiture is upon the law enforcement agency. The seizing law enforcement agency shall promptly return the article or articles to the claimant upon a final determination by the administrative law judge or court that the claimant is the present lawful owner or is lawfully entitled to possession thereof of items specified in subsection (1) of this section.
(6) If property is forfeited under this chapter the seizing law enforcement agency may:
(a) Retain it for official use or upon application by any law enforcement agency of this state release the property to the agency for training or use in enforcing this chapter;
(b) Sell that which is not required to be destroyed by law and which is not harmful to the public; or
(c) Destroy any articles that may not be lawfully possessed within the state of Washington, or that have a fair market value of less than one hundred dollars.
(7)(a) If property is forfeited, the seizing agency shall keep a record indicating the identity of the prior owner, if known, a description of the property, the disposition of the property, the value of the property at the time of seizure, and the amount of proceeds realized from disposition of the property. The net proceeds of forfeited property is the value of the forfeitable interest in the property after deducting the cost of satisfying any bona fide security interest to which the property is subject at the time of seizure, and in the case of sold property, after deducting the cost of sale, including reasonable fees or commissions paid to independent selling agents.
(b) Each seizing agency shall retain records of forfeited property for at least seven years.
(8) The seizing law enforcement agency shall retain forfeited property and net proceeds exclusively for the expansion and improvement of gambling-related law enforcement activity. Money retained under this section may not be used to supplant preexisting funding sources.
(9) Gambling devices that are possessed, transferred, sold, or offered for sale in violation of this chapter are contraband and must be seized and summarily forfeited to the state. Gambling equipment that is seized or comes into the possession of a law enforcement agency, the owners of which are unknown, are contraband and must be summarily forfeited to the state.
(10) Upon the entry of an order of forfeiture of real property, the court shall forward a copy of the order to the assessor of the county in which the property is located. The superior court shall enter orders for the forfeiture of real property, subject to court rules. The seizing agency shall file such an order in the county auditor's records in the county in which the real property is located.
(11)(a) A landlord may assert a claim against proceeds from the sale of assets seized and forfeited under subsection (6)(b) of this section, only if:
(i) A law enforcement officer, while acting in his or her official capacity, directly caused damage to the complaining landlord's property while executing a search of a tenant's residence; and
(ii) The landlord has applied any funds remaining in the tenant's deposit, to which the landlord has a right under chapter 59.18 RCW, to cover the damage directly caused by a law enforcement officer before asserting a claim under this section.
(A) Only if the funds applied under (a)(ii) of this subsection are insufficient to satisfy the damage directly caused by a law enforcement officer, may the landlord seek compensation for the damage by filing a claim against the governmental entity under whose authority the law enforcement agency operates within thirty days after the search; and
(B) Only if the governmental entity denies or fails to respond to the landlord's claim within sixty days of the date of filing, may the landlord collect damages under this subsection by filing within thirty days of denial or the expiration of the sixty-day period, whichever occurs first, a claim with the seizing law enforcement agency. The seizing law enforcement agency shall notify the landlord of the status of the claim by the end of the thirty-day period. This section does not require the claim to be paid by the end of the sixty-day or thirty-day period.
(b) For any claim filed under (a)(ii) of this subsection, the law enforcement agency shall pay the claim unless the agency provides substantial proof that the landlord either:
(i) Knew or consented to actions of the tenant in violation of this chapter; or
(ii) Failed to respond to a notification of the illegal activity, provided by a law enforcement agency within seven days of receipt of notification of the illegal activity.
(12) The landlord's claim for damages under subsection (11) of this section may not include a claim for loss of business and is limited to:
(a) Damage to tangible property and clean-up costs;
(b) The lesser of the cost of repair or fair market value of the damage directly caused by a law enforcement officer;
(c) The proceeds from the sale of the specific tenant's property seized and forfeited under subsection (6)(b) of this section; and
(d) The proceeds available after the seizing law enforcement agency satisfies any bona fide security interest in the tenant's property and costs related to sale of the tenant's property as provided by subsection (7)(a) of this section.
(13) Subsections (11) and (12) of this section do not limit any other rights a landlord may have against a tenant to collect for damages. However, if a law enforcement agency satisfies a landlord's claim under subsection (11) of this section, the rights the landlord has against the tenant for damages directly caused by a law enforcement officer under the terms of the landlord and tenant's contract are subrogated to the law enforcement agency.
(14) Liability is not imposed by this section upon any authorized state, county, or municipal officer, including a commission special agent, in the lawful performance of his or her duties.
CREDIT(S)
[2008 c 6 § 629, eff. June 12, 2008; 1997 c 128 § 1; 1994 c 218 § 7.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.46.235
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.46. Gambling--1973 Act (Refs & Annos)
9.46.235. Slot machines, antique--Defenses concerning--Presumption created
(1) For purposes of a prosecution under RCW 9.46.215 or a seizure, confiscation, or destruction order under RCW 9.46.231, it shall be a defense that the gambling device involved is an antique slot machine and that the antique slot machine was not operated for gambling purposes while in the owner's or defendant's possession. Operation of an antique slot machine shall be only by free play or with coins provided at no cost by the owner. No slot machine, having been seized under this chapter, may be altered, destroyed, or disposed of without affording the owner thereof an opportunity to present a defense under this section. If the defense is applicable, the antique slot machine shall be returned to the owner or defendant, as the court may direct.
(2) RCW 9.46.231 shall have no application to any antique slot machine that has not been operated for gambling purposes while in the owner's possession.
(3) For the purposes of this section, a slot machine shall be conclusively presumed to be an antique slot machine if it is at least twenty-five years old.
(4) RCW 9.46.231 and 9.46.215 do not apply to gambling devices on board a passenger cruise ship which has been registered and bonded with the federal maritime commission, if the gambling devices are not operated for gambling purposes within the state.
CREDIT(S)
[1994 c 218 § 15; 1987 c 191 § 1; 1977 ex.s. c 165 § 1.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.46.240
Effective: June 7, 2006
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.46. Gambling--1973 Act (Refs & Annos)
9.46.240. Gambling information, transmitting or receiving
Whoever knowingly transmits or receives gambling information by telephone, telegraph, radio, semaphore, the internet, a telecommunications transmission system, or similar means, or knowingly installs or maintains equipment for the transmission or receipt of gambling information shall be guilty of a class C felony subject to the penalty set forth in RCW 9A.20.021. However, this section shall not apply to such information transmitted or received or equipment installed or maintained relating to activities authorized by this chapter or to any act or acts in furtherance thereof when conducted in compliance with the provisions of this chapter and in accordance with the rules adopted under this chapter.
CREDIT(S)
[2006 c 290 § 2, eff. June 7, 2006; 1991 c 261 § 9; 1987 c 4 § 44; 1973 1st ex.s. c 218 § 24.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.46.250
Effective: July 22, 2011
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.46. Gambling--1973 Act (Refs & Annos)
9.46.250. Gambling property or premises--Common nuisances, abatement--Termination of interests, licenses--Enforcement
(1) All gambling premises are common nuisances and shall be subject to abatement by injunction or as otherwise provided by law. The plaintiff in any action brought under this subsection against any gambling premises, need not show special injury and may, in the discretion of the court, be relieved of all requirements as to giving security.
(2) When any property or premise held under a mortgage, contract, or leasehold is determined by a court having jurisdiction to be a gambling premises, all rights and interests of the holder therein shall terminate and the owner shall be entitled to immediate possession at his or her election: PROVIDED, HOWEVER, That this subsection shall not apply to those premises in which activities authorized by this chapter or any act or acts in furtherance thereof are carried on when conducted in compliance with the provisions of this chapter and in accordance with the rules and regulations adopted pursuant thereto.
(3) When any property or premises for which one or more licenses issued by the commission are in effect, is determined by a court having jurisdiction to be a gambling premise, all such licenses may be voided and no longer in effect, and no license so voided shall be issued or reissued for such property or premises for a period of up to sixty days thereafter. Enforcement of this subsection shall be the duty of all peace officers and all taxing and licensing officials of this state and its political subdivisions and other public agencies. This subsection shall not apply to property or premises in which activities authorized by this chapter, or any act or acts in furtherance thereof, are carried on when conducted in compliance with the provisions of this chapter and in accordance with the rules and regulations adopted pursuant thereto.
CREDIT(S)
[2011 c 336 § 305, eff. July 22, 2011; 1987 c 4 § 45; 1973 1st ex.s. c 218 § 25.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.46.260
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.46. Gambling--1973 Act (Refs & Annos)
9.46.260. Proof of possession as evidence of knowledge of its character
Proof of possession of any device used for professional gambling or any record relating to professional gambling specified in RCW 9.46.215 is prima facie evidence of possession thereof with knowledge of its character or contents.
CREDIT(S)
[1994 c 218 § 16; 1973 1st ex.s. c 218 § 26.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.46.270
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.46. Gambling--1973 Act (Refs & Annos)
9.46.270. Taxing authority, exclusive
This chapter shall constitute the exclusive legislative authority for the taxing by any city, town, city-county or county of any gambling activity and its application shall be strictly construed to those activities herein permitted and to those persons, associations or organizations herein permitted to engage therein.
CREDIT(S)
[1973 1st ex.s. c 218 § 27.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.46.280
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.46. Gambling--1973 Act (Refs & Annos)
9.46.280. Repealed by Laws 1974, Ex.Sess., ch. 135, § 15; Laws 1974, Ex.Sess., ch. 155, § 15
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.46.285
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.46. Gambling--1973 Act (Refs & Annos)
9.46.285. Licensing and regulation authority, exclusive
This chapter constitutes the exclusive legislative authority for the licensing and regulation of any gambling activity and the state preempts such licensing and regulatory functions, except as to the powers and duties of any city, town, city-county, or county which are specifically set forth in this chapter. Any ordinance, resolution, or other legislative act by any city, town, city-county, or county relating to gambling in existence on September 27, 1973 shall be as of that date null and void and of no effect. Any such city, town, city-county, or county may thereafter enact only such local law as is consistent with the powers and duties expressly granted to and imposed upon it by chapter 9.46 RCW and which is not in conflict with that chapter or with the rules of the commission.
CREDIT(S)
[1973 2nd ex.s. c 41 § 8.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.46.290
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.46. Gambling--1973 Act (Refs & Annos)
9.46.290. [Ineffective]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.46.291
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.46. Gambling--1973 Act (Refs & Annos)
9.46.291. State lottery exemption
The provisions of this chapter shall not apply to the conducting, operating, participating, or selling or purchasing of tickets or shares in the “lottery” or “state lottery” as defined in RCW 67.70.010 when such conducting, operating, participating, or selling or purchasing is in conformity to the provisions of chapter 67.70 RCW and to the rules adopted thereunder.
CREDIT(S)
[1982 2nd ex.s. c 7 § 39.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.46.293
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.46. Gambling--1973 Act (Refs & Annos)
9.46.293. Fishing derbies exempted
Any fishing derby, defined under RCW 9.46.0229, shall not be subject to any other provisions of this chapter or to any rules or regulations of the commission.
CREDIT(S)
[1989 c 8 § 1; 1975 1st ex.s. c 166 § 13.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.46.295
Effective: July 22, 2011
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.46. Gambling--1973 Act (Refs & Annos)
9.46.295. Licenses, scope of authority--Exception
(1) Any license to engage in any of the gambling activities authorized by this chapter as now exists or as hereafter amended, and issued under the authority thereof shall be legal authority to engage in the gambling activities for which issued throughout the incorporated and unincorporated area of any county, except that a city located therein with respect to that city, or a county with respect to all areas within that county except for such cities, may absolutely prohibit, but may not change the scope of license, any or all of the gambling activities for which the license was issued.
(2)(a) A city or town with a prohibition on house-banked social card game licenses that annexes an area that is within a city, town, or county that permits house-banked social card games may allow a house-banked social card game business that was licensed by the commission as of July 26, 2009, to continue operating if the city or town is authorized to impose a tax under RCW 82.14.415 and can demonstrate that the continuation of the house-banked social card game business will reduce the credit against the state sales and use tax as provided in RCW 82.14.415(7).
(b) A city or town that allowed a house-banked social card game business in an annexed area to continue operating under (a) of this subsection before July 15, 2010, shall allow all social card game businesses in the annexed area that were operating and licensed by the commission as of January 1, 2011, to continue operating.
(c) A city or town that allows a social card game business in an annexed area to continue operating is not required to allow additional social card game businesses.
CREDIT(S)
[2011 c 134 § 1, eff. July 22, 2011; 2009 c 550 § 2, eff. July 26, 2009; 1974 ex.s. c 155 § 6; 1974 ex.s. c 135 § 6.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.46.300
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.46. Gambling--1973 Act (Refs & Annos)
9.46.300. Licenses and reports--Public inspection--Exceptions and requirements--Charges
All applications for licenses made to the commission, with the exception of any portions of the applications describing the arrest or conviction record of any person, and all reports required by the commission to be filed by its licensees on a periodic basis concerning the operation of the licensed activity or concerning any organization, association, or business in connection with which a licensed activity is operated, in the commission files, shall be open to public inspection at the commission's offices upon a prior written request of the commission. The staff of the commission may decline to allow an inspection until such time as the inspection will not unduly interfere with the other duties of the staff. The commission may charge the person making a request for an inspection an amount necessary to offset the costs to the commission of providing the inspection and copies of any requested documents.
CREDIT(S)
[1977 ex.s. c 326 § 17.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.46.310
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.46. Gambling--1973 Act (Refs & Annos)
9.46.310. Licenses for manufacture, sale, distribution, or supply of gambling devices
No person shall manufacture, and no person shall sell, distribute, furnish or supply to any other person, any gambling device, including but not limited to punchboards and pull-tabs, in this state, or for use within this state, without first obtaining a license to do so from the commission under the provisions of this chapter.
Such licenses shall not be issued by the commission except respecting devices which are designed and permitted for use in connection with activities authorized under this chapter: PROVIDED, That this requirement for licensure shall apply only insofar as the commission has adopted, or may adopt, rules implementing it as to particular categories of gambling devices and related equipment.
CREDIT(S)
[1981 c 139 § 13.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.46.350
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.46. Gambling--1973 Act (Refs & Annos)
9.46.350. Civil action to collect fees, interest, penalties, or tax--Writ of attachment--Records as evidence
At any time within five years after any amount of fees, interest, penalties, or tax which is imposed pursuant to this chapter, or rules adopted pursuant thereto, shall become due and payable, the attorney general, on behalf of the commission, may bring a civil action in the courts of this state, or any other state, or of the United States, to collect the amount delinquent, together with penalties and interest: PROVIDED, That where the tax is one imposed by a county, city or town under RCW 9.46.110, any such action shall be brought by that county, city or town on its own behalf. An action may be brought whether or not the person owing the amount is at such time a licensee pursuant to the provisions of this chapter.
If such an action is brought in the courts of this state, a writ of attachment may be issued and no bond or affidavit prior to the issuance thereof shall be required. In all actions in this state, the records of the commission, or the appropriate county, city or town, shall be prima facie evidence of the determination of the tax due or the amount of the delinquency.
CREDIT(S)
[1981 c 139 § 16.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.46.360
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.46. Gambling--1973 Act (Refs & Annos)
9.46.360. Indian tribes--Compact negotiation process
(1) The negotiation process for compacts with federally recognized Indian tribes for conducting class III gaming, as defined in the Indian Gaming Regulatory Act, 25 U.S.C. Sec. 2701 et seq., on federal Indian lands is governed by this section.
(2) The gambling commission through the director or the director's designee shall negotiate compacts for class III gaming on behalf of the state with federally recognized Indian tribes in the state of Washington.
(3) When a tentative agreement with an Indian tribe on a proposed compact is reached, the director shall immediately transmit a copy of the proposed compact to all voting and ex officio members of the gambling commission and to the standing committees designated pursuant to subsection (5) of this section.
(4) Notwithstanding RCW 9.46.040, the four ex officio members of the gambling commission shall be deemed voting members of the gambling commission for the sole purpose of voting on proposed compacts submitted under this section.
(5) Within thirty days after receiving a proposed compact from the director, one standing committee from each house of the legislature shall hold a public hearing on the proposed compact and forward its respective comments to the gambling commission. The president of the senate shall designate the senate standing committee that is to carry out the duties of this section, and the speaker of the house of representatives shall designate the house standing committee that is to carry out the duties of this section. The designated committees shall continue to perform under this section until the president of the senate or the speaker of the house of representatives, as the case may be, designates a different standing committee.
(6) The gambling commission may hold public hearings on the proposed compact any time after receiving a copy of the compact from the director. Within forty-five days after receiving the proposed compact from the director, the gambling commission, including the four ex officio members, shall vote on whether to return the proposed compact to the director with instructions for further negotiation or to forward the proposed compact to the governor for review and final execution.
(7) Notwithstanding provisions in this section to the contrary, if the director forwards a proposed compact to the gambling commission and the designated standing committees within ten days before the beginning of a regular session of the legislature, or during a regular or special session of the legislature, the thirty-day time limit set forth in subsection (5) of this section and the forty-five day limit set forth in subsection (6) of this section are each forty-five days and sixty days, respectively.
(8) Funding for the negotiation process under this section must come from the gambling revolving fund.
(9) In addition to the powers granted under this chapter, the commission, consistent with the terms of any compact, is authorized and empowered to enforce the provisions of any compact between a federally recognized Indian tribe and the state of Washington.
CREDIT(S)
[1992 c 172 § 2.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.46.36001
Effective: July 22, 2007
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.46. Gambling--1973 Act (Refs & Annos)
9.46.36001. Tribal actions--Federal jurisdiction
The
state consents to the jurisdiction of the federal courts in actions brought by a
tribe pursuant to the Indian gaming regulatory act of 1988 or seeking
enforcement of a state/
CREDIT(S)
[2007 c 321 § 1, eff. July 22, 2007; 2001 c 236 § 1.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.46.400
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.46. Gambling--1973 Act (Refs & Annos)
9.46.400. Wildlife raffle
Any raffle authorized by the fish and wildlife commission involving hunting big game animals or wild turkeys shall not be subject to any provisions of this chapter other than RCW 9.46.010 and this section or to any rules or regulations of the gambling commission.
CREDIT(S)
[1996 c 101 § 3.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.46.410
Effective: July 1, 2011
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.46. Gambling--1973 Act (Refs & Annos)
9.46.410. Use of public assistance electronic benefit cards prohibited--Licensee to report violations--Suspension of license
(1) Any licensee authorized under this chapter is prohibited from allowing the use of public assistance electronic benefit cards for the purpose of participating in any of the activities authorized under this chapter.
(2) Any licensee authorized under this chapter shall report to the department of social and health services any known violations of RCW 74.08.580.
(3) Any licensee authorized under this chapter is required to comply with RCW 74.08.580(2). If the licensee fails to comply with RCW 74.08.580(2), its license shall be immediately suspended until it complies with RCW 74.08.580(2). If the licensee remains otherwise eligible to be licensed, the commission may reinstate the license once the licensee has complied with RCW 74.08.580(2).
CREDIT(S)
[2011 1st sp.s. c 42 § 19, eff. July 1, 2011; 2002 c 252 § 2.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.46.420
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.46. Gambling--1973 Act (Refs & Annos)
9.46.420. RCW 9.46.410 to be negotiated with Indian tribes
The commission shall consider the provisions of RCW 9.46.410 as elements to be negotiated with federally recognized Indian tribes as provided in RCW 9.46.360.
CREDIT(S)
[2002 c 252 § 3.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.46.900
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.46. Gambling--1973 Act (Refs & Annos)
9.46.900. Severability--1973 1st ex.s. c 218
If any provision of this chapter, or its application to any person or circumstance is held invalid, the remainder of the chapter, or the application of the provision to other persons or circumstances is not affected.
CREDIT(S)
[1973 1st ex.s. c 218 § 31.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.46.901
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.46. Gambling--1973 Act (Refs & Annos)
9.46.901. Intent--1987 c 4
The separation of definitions and authorized activities provisions of the state's gambling statutes into shorter sections is intended to improve the readability and facilitate the future amendment of these sections. This separation shall not change the meaning of any of the provisions involved.
CREDIT(S)
[1987 c 4 § 1.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.46.902
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.46. Gambling--1973 Act (Refs & Annos)
9.46.902. Construction--1987 c 4
This act shall not be construed as affecting any existing right acquired or liability or obligation incurred under the sections amended or repealed in this act or under any rule, regulation, or order adopted under those sections, nor as affecting any proceeding instituted under those sections.
CREDIT(S)
[1987 c 4 § 48.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.46.903
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.46. Gambling--1973 Act (Refs & Annos)
9.46.903. Intent--1994 c 218
The legislature intends with chapter 218, Laws of 1994 to clarify the state's public policy on gambling regarding the frequency of state lottery drawings, the means of addressing problem and compulsive gambling, and the enforcement of the state's gambling laws. Chapter 218, Laws of 1994 is intended to clarify the specific types of games prohibited in chapter 9.46 RCW and is not intended to add to existing law regarding prohibited activities. The legislature recognizes that slot machines, video pull-tabs, video poker, and other electronic games of chance have been considered to be gambling devices before April 1, 1994.
CREDIT(S)
[1994 c 218 § 1.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA T. 9, Ch. 9.47, Refs & Annos
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments
Chapter 9.47. Gambling
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.47.010
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.47. Gambling (Refs & Annos)
9.47.010 to 9.47.070. Repealed by Laws 1971, Ex.Sess., ch. 280, § 23
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.47.070
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.47. Gambling (Refs & Annos)
9.47.010 to 9.47.070. Repealed by Laws 1971, Ex.Sess., ch. 280, § 23
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.47.080
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.47. Gambling (Refs & Annos)
9.47.080. Bucket shop defined
A bucket shop is hereby defined to be a shed, tent, tenement, booth, building, float or vessel, or any part thereof, wherein may be made contracts respecting the purchase or sale upon margin or credit of any commodities, securities, or property, or option for the purchase thereof, wherein both parties intend that such contract shall or may be terminated, closed and settled; either,
(1) Upon the basis of the market prices quoted or made on any board of trade or exchange upon which such commodities, securities, or property may be dealt in; or,
(2) When the market prices for such commodities, securities or property shall reach a certain figure in any such board of trade or exchange; or,
(3) On the basis of the difference in the market prices at which said commodities, securities or property are, or purport to be, bought and sold.
CREDIT(S)
[1909 c 249 § 223; RRS § 2475.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.47.090
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.47. Gambling (Refs & Annos)
9.47.090. Maintaining bucket shop--Penalty
Every person, whether in his or her own behalf, or as agent, servant or employee of another person, within or outside of this state, who shall open, conduct or carry on any bucket shop, or make or offer to make any contract described in RCW 9.47.080, or with intent to make such a contract, or assist therein, shall receive, exhibit, or display any statement of market prices of any commodities, securities, or property, is guilty of a class C felony and shall be punished by imprisonment in a state correctional facility for not more than five years.
CREDIT(S)
[2003 c 53 § 36, eff. July 1, 2004; 1992 c 7 § 13; 1909 c 249 § 224; RRS § 2476.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.47.100
Effective: July 22, 2011
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.47. Gambling (Refs & Annos)
9.47.100. Written statement to be furnished--Presumption
Every person, whether in his or her own behalf, or as the servant, agent, or employee of another person, within or outside of this state, who shall buy or sell for another, or execute any order for the purchase or sale of any commodities, securities, or property, upon margin or credit, whether for immediate or future delivery, shall, upon written demand therefor, furnish such principal or customer with a written statement containing the names of the persons from whom such property was bought, or to whom it has been sold, as the case may be, the time when, the place where, the amount of, and the price at which the same was either bought or sold; and if such person shall refuse or neglect to furnish such statement within forty-eight hours after such written demand, such refusal shall be prima facie evidence as against him or her that such purchase or sale was made in violation of RCW 9.47.090.
CREDIT(S)
[2011 c 336 § 306, eff. July 22, 2011; 1909 c 249 § 225; RRS § 2477.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.47.110
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.47. Gambling (Refs & Annos)
9.47.110. Repealed by Laws 1971, Ex.Sess., ch. 280, § 23
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.47.120
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.47. Gambling (Refs & Annos)
9.47.120. Bunco steering
Every person who shall entice, or induce another, upon any pretense, to go to any place where any gambling game, scheme or device, or any trick, sleight of hand performance, fraud or fraudulent scheme, cards, dice or device, is being conducted or operated; or while in such place shall entice or induce another to bet, wager or hazard any money or property, or representative of either, upon any such game, scheme, device, trick, sleight of hand performance, fraud or fraudulent scheme, cards, dice, or device, or to execute any obligation for the payment of money, or delivery of property, or to lose, advance, or loan any money or property, or representative of either, is guilty of a class B felony and shall be punished by imprisonment in a state correctional facility for not more than ten years.
CREDIT(S)
[2003 c 53 § 37, eff. July 1, 2004; 1992 c 7 § 14; 1909 c 249 § 227; RRS § 2479.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.47.130
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.47. Gambling (Refs & Annos)
9.47.130. Repealed by Laws 1983, ch. 3, § 9
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.47.140
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.47. Gambling (Refs & Annos)
9.47.140. Repealed by Laws 1971, Ex.Sess., ch. 280, § 23
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.47.150
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.47. Gambling (Refs & Annos)
9.47.150 to 9.47.170. Repealed by Laws 1973, 1st Ex.Sess., ch. 218, § 29
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.47.170
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.47. Gambling (Refs & Annos)
9.47.150 to 9.47.170. Repealed by Laws 1973, 1st Ex.Sess., ch. 218, § 29
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.47.180
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.47. Gambling (Refs & Annos)
9.47.180 to 9.47.230. [Ineffective]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.47.230
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.47. Gambling (Refs & Annos)
9.47.180 to 9.47.230. [Ineffective]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.47.300
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.47. Gambling (Refs & Annos)
9.47.300 to 9.47.440. Repealed by Laws 1973, 1st Ex.Sess., ch. 218, § 29
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.47.440
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.47. Gambling (Refs & Annos)
9.47.300 to 9.47.440. Repealed by Laws 1973, 1st Ex.Sess., ch. 218, § 29
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.47A.010
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.47A. Inhaling Toxic Fumes
9.47A.010. Definition
As used in this chapter, the phrase “substance containing a solvent having the property of releasing toxic vapors or fumes” shall mean and include any substance containing one or more of the following chemical compounds:
(1) Acetone;
(2) Amylacetate;
(3) Benzol or benzene;
(4) Butyl acetate;
(5) Butyl alcohol;
(6) Carbon tetrachloride;
(7) Chloroform;
(8) Cyclohexanone;
(9) Ethanol or ethyl alcohol;
(10) Ethyl acetate;
(11) Hexane;
(12) Isopropanol or isopropyl alcohol;
(13) Isopropyl acetate;
(14) Methyl “cellosolve” acetate;
(15) Methyl ethyl ketone;
(16) Methyl isobutyl ketone;
(17) Toluol or toluene;
(18) Trichloroethylene;
(19) Tricresyl phosphate;
(20) Xylol or xylene; or
(21) Any other solvent, material substance, chemical, or combination thereof, having the property of releasing toxic vapors.
CREDIT(S)
[1984 c 68 § 1; 1969 ex.s. c 149 § 1.]
<(Formerly: Glue Sniffing)>
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.47A.020
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.47A. Inhaling Toxic Fumes
9.47A.020. Unlawful inhalation--Exception
It is unlawful for any person to intentionally smell or inhale the fumes of any type of substance as defined in RCW 9.47A.010 or to induce any other person to do so, for the purpose of causing a condition of, or inducing symptoms of intoxication, elation, euphoria, dizziness, excitement, irrational behavior, exhilaration, paralysis, stupefaction, or dulling of the senses of the nervous system, or for the purpose of, in any manner, changing, distorting, or disturbing the audio, visual, or mental processes. This section does not apply to the inhalation of any anesthesia for medical or dental purposes.
CREDIT(S)
[1984 c 68 § 2; 1969 ex.s. c 149 § 2.]
<(Formerly: Glue Sniffing)>
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.47A.030
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.47A. Inhaling Toxic Fumes
9.47A.030. Possession of certain substances prohibited, when
No person may, for the purpose of violating RCW 9.47A.020, use, or possess for the purpose of so using, any substance containing a solvent having the property of releasing toxic vapors or fumes.
CREDIT(S)
[1984 c 68 § 3; 1969 ex.s. c 149 § 3.]
<(Formerly: Glue Sniffing)>
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.47A.040
Effective: July 22, 2011
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.47A. Inhaling Toxic Fumes
9.47A.040. Sale of certain substances prohibited, when
No person may sell, offer to sell, deliver, or give to any other person any container of a substance containing a solvent having the property of releasing toxic vapors or fumes, if he or she has knowledge that the product sold, offered for sale, delivered, or given will be used for the purpose set forth in RCW 9.47A.020.
CREDIT(S)
[2011 c 336 § 307, eff. July 22, 2011; 1984 c 68 § 4; 1969 ex.s. c 149 § 4.]
<(Formerly: Glue Sniffing)>
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.47A.050
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.47A. Inhaling Toxic Fumes
9.47A.050. Penalty
Any person who violates this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than one hundred dollars or by imprisonment for not more than thirty days, or by both.
CREDIT(S)
[1969 ex.s. c 149 § 5.]
<(Formerly: Glue Sniffing)>
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.48.010
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.48. Homicide [Repealed]
9.48.010, 9.48.020. Repealed by Laws 1975, 1st Ex.Sess., ch. 260, § 9A.92.010, eff. July 1, 1976
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.48.020
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.48. Homicide [Repealed]
9.48.010, 9.48.020. Repealed by Laws 1975, 1st Ex.Sess., ch. 260, § 9A.92.010, eff. July 1, 1976
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.48.030
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.48. Homicide [Repealed]
9.48.030. Repealed by Laws 1975, 1st Ex.Sess., ch. 260, § 9A.92.010; Laws 1975-76, 2nd Ex.Sess., ch. 38, § 19, eff. July 1, 1976
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.48.040
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.48. Homicide [Repealed]
9.48.040 to 9.48.170. Repealed by Laws 1975, 1st Ex.Sess., ch. 260, § 9A.92.010, eff. July 1, 1976
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.48.170
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.48. Homicide [Repealed]
9.48.040 to 9.48.170. Repealed by Laws 1975, 1st Ex.Sess., ch. 260, § 9A.92.010, eff. July 1, 1976
Current with 2013 Legislation effective through June 7, 2013
West's RCWA T. 9, Ch. 9.51, Refs & Annos
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments
Chapter 9.51. Juries, Crimes Relating to
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.51.010
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.51. Juries, Crimes Relating to (Refs & Annos)
9.51.010. Misconduct of officer drawing jury
Every person charged by law with the preparation of any jury list or list of names from which any jury is to be drawn, and every person authorized by law to assist at the drawing of a grand or petit jury to attend a court or term of court or to try any cause or issue, who shall--
(1) Place in any such list any name at the request or solicitation, direct or indirect, of any person; or
(2) Designedly put upon the list of jurors, as having been drawn, any name which was not lawfully drawn for that purpose; or
(3) Designedly omit to place upon such list any name which was lawfully drawn; or
(4) Designedly sign or certify a list of such jurors as having been drawn which were not lawfully drawn; or
(5) Designedly and wrongfully withdraw from the box or other receptacle for the ballots containing the names of such jurors any paper or ballot lawfully placed or belonging there and containing the name of a juror, or omit to place therein any name lawfully drawn or designated, or place therein a paper or ballot containing the name of a person not lawfully drawn and designated as a juror; or
(6) In drawing or impanelling such jury, do any act which is unfair, partial or improper in any respect;
Shall be guilty of a gross misdemeanor.
CREDIT(S)
[1909 c 249 § 75; Code 1881 § 922; 1854 p 94 § 107; RRS § 2327.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.51.020
Effective: July 22, 2011
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.51. Juries, Crimes Relating to (Refs & Annos)
9.51.020. Soliciting jury duty
Every person who shall, directly or indirectly, solicit or request any person charged with the duty of preparing any jury list to put his or her name, or the name of any other person, on any such list, shall be guilty of a gross misdemeanor.
CREDIT(S)
[2011 c 336 § 308, eff. July 22, 2011; 1909 c 249 § 76; 1888 p 114 § 1; RRS § 2328.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.51.030
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.51. Juries, Crimes Relating to (Refs & Annos)
9.51.030. Misconduct of officer in charge of jury
Every person to whose charge a jury shall be committed by a court or magistrate, who shall knowingly, without leave of such court or magistrate, permit them or any one of them to receive any communication from any person, to make any communication to any person, to obtain or receive any book, paper or refreshment, or to leave the jury room, shall be guilty of a gross misdemeanor.
CREDIT(S)
[1909 c 249 § 77; RRS § 2329.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.51.040
Effective: July 22, 2011
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.51. Juries, Crimes Relating to (Refs & Annos)
9.51.040. Grand juror acting after challenge allowed
Every grand juror who, with knowledge that a challenge interposed against him or her by a defendant has been allowed, shall be present at, or take part, or attempt to take part, in the consideration of the charge against the defendant who interposed such challenge, or the deliberations of the grand jury thereon, shall be guilty of a misdemeanor.
CREDIT(S)
[2011 c 336 § 309, eff. July 22, 2011; 1909 c 249 § 121; RRS § 2373.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.51.050
Effective: July 22, 2011
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.51. Juries, Crimes Relating to (Refs & Annos)
9.51.050. Disclosing transaction of grand jury
Every judge, grand juror, prosecuting attorney, clerk, stenographer, or other officer who, except in the due discharge of his or her official duty, shall disclose the fact that a presentment has been made or indictment found or ordered against any person, before such person shall be in custody; and every grand juror, clerk, or stenographer who, except when lawfully required by a court or officer, shall disclose any evidence adduced before the grand jury, or any proceeding, discussion, or vote of the grand jury or any member thereof, shall be guilty of a misdemeanor.
CREDIT(S)
[2011 c 336 § 310, eff. July 22, 2011; 1909 c 249 § 126; Code 1881 § 991; 1854 p 111 § 56; RRS § 2378.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.51.060
Effective: July 22, 2011
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.51. Juries, Crimes Relating to (Refs & Annos)
9.51.060. Disclosure of deposition returned by grand jury
Every clerk of any court or other officer who shall willfully permit any deposition, or the transcript of any testimony, returned by a grand jury and filed with such clerk or officer, to be inspected by any person except the court, the deputies or assistants of such clerk, and the prosecuting attorney and his or her deputies, until after the arrest of the defendant, shall be guilty of a misdemeanor.
CREDIT(S)
[2011 c 336 § 311, eff. July 22, 2011; 1909 c 249 § 127; RRS § 2379.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.52.010
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.52. Kidnaping [Repealed]
9.52.010 to 9.52.040. Repealed by Laws 1975, 1st Ex.Sess., ch. 260, § 9A.92.010, eff. July 1, 1976
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.52.040
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.52. Kidnaping [Repealed]
9.52.010 to 9.52.040. Repealed by Laws 1975, 1st Ex.Sess., ch. 260, § 9A.92.010, eff. July 1, 1976
Current with 2013 Legislation effective through June 7, 2013
West's RCWA T. 9, Ch. 9.54, Refs & Annos
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments
Chapter 9.54. Stolen Property Restoration
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.54.010
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.54. Stolen Property Restoration (Refs & Annos)
9.54.010 to 9.54.120. Repealed by Laws 1975, 1st Ex.Sess., ch. 260, § 9A.92.010, eff. July 1, 1976
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.54.120
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.54. Stolen Property Restoration (Refs & Annos)
9.54.010 to 9.54.120. Repealed by Laws 1975, 1st Ex.Sess., ch. 260, § 9A.92.010, eff. July 1, 1976
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.54.130
Effective: July 22, 2011
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.54. Stolen Property Restoration (Refs & Annos)
9.54.130. Restoration of stolen property--Duty of officers
The officer arresting any person charged as principal or accessory in any robbery or larceny shall use reasonable diligence to secure the property alleged to have been stolen, and after seizure shall be answerable therefor while it remains in his or her hands, and shall annex a schedule thereof to his or her return of the warrant.
Whenever the prosecuting attorney shall require such property for use as evidence upon the examination or trial, such officer, upon his or her demand, shall deliver it to him or her and take his or her receipt therefor, after which such prosecuting attorney shall be answerable for the same.
CREDIT(S)
[2011 c 336 § 312, eff. July 22, 2011; 1909 c 249 § 357; RRS § 2609.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.54.140
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.54. Stolen Property Restoration (Refs & Annos)
9.54.140. Repealed by Laws 1975, 1st Ex.Sess., ch. 260, § 9A.92.010, eff. July 1, 1976
Current with 2013 Legislation effective through June 7, 2013
West's RCWA T. 9, Ch. 9.55, Refs & Annos
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments
Chapter 9.55. Legislature, Crimes Relating to
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.55.010
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.55. Legislature, Crimes Relating to (Refs & Annos)
9.55.010. Repealed by Laws 1975, 1st Ex.Sess., ch. 260, § 9A.92.010, eff. July 1, 1976
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.55.020
Effective: July 22, 2011
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.55. Legislature, Crimes Relating to (Refs & Annos)
9.55.020. Witness refusing to attend legislature or committee or to testify
Every person duly summoned to attend as a witness before either house of the legislature of this state, or any committee thereof authorized to summon witnesses, who shall refuse or neglect, without lawful excuse, to attend pursuant to such summons, or who shall willfully refuse to be sworn or to affirm or to answer any material or proper question or to produce, upon reasonable notice, any material or proper books, papers or documents in his or her possession or under his or her control, shall be guilty of a gross misdemeanor.
CREDIT(S)
[2011 c 336 § 313, eff. July 22, 2011; 1909 c 249 § 86; RRS § 2338.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.58.010
Effective: July 26, 2009
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.58. Libel and Slander [Repealed]
9.58.010. Repealed by Laws 2009, ch. 88, § 1, eff. July 26, 2009
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.58.020
Effective: July 26, 2009
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.58. Libel and Slander [Repealed]
9.58.020. Repealed by Laws 2009, ch. 88, § 1, eff. July 26, 2009
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.58.030
Effective: July 26, 2009
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.58. Libel and Slander [Repealed]
9.58.030. Repealed by Laws 2009, ch. 88, § 1, eff. July 26, 2009
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.58.040
Effective: July 26, 2009
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.58. Libel and Slander [Repealed]
9.58.040. Repealed by Laws 2009, ch. 88, § 1, eff. July 26, 2009
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.58.050
Effective: July 26, 2009
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.58. Libel and Slander [Repealed]
9.58.050. Repealed by Laws 2009, ch. 88, § 1, eff. July 26, 2009
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.58.060
Effective: July 26, 2009
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.58. Libel and Slander [Repealed]
9.58.060. Repealed by Laws 2009, ch. 88, § 1, eff. July 26, 2009
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.58.070
Effective: July 26, 2009
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.58. Libel and Slander [Repealed]
9.58.070. Repealed by Laws 2009, ch. 88, § 1, eff. July 26, 2009
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.58.080
Effective: July 26, 2009
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.58. Libel and Slander [Repealed]
9.58.080. Repealed by Laws 2009, ch. 88, § 1, eff. July 26, 2009
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.58.090
Effective: July 26, 2009
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.58. Libel and Slander [Repealed]
9.58.090. Repealed by Laws 2009, ch. 88, § 1, eff. July 26, 2009
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.58.100
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.58. Libel and Slander [Repealed]
9.58.100. Repealed by Laws 1987, ch. 456, § 32
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.58.110
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.58. Libel and Slander [Repealed]
9.58.110. Repealed by Laws 2005, ch. 13, § 1, eff. July 24, 2005
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.58.120
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.58. Libel and Slander [Repealed]
9.58.120. Repealed by Laws 2005, ch. 13, § 1, eff. July 24, 2005
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.59.010
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.59. Lotteries [Repealed]
9.59.010 to 9.59.050. Repealed by Laws 1973, 1st Ex.Sess., ch. 218, § 29
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.59.050
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.59. Lotteries [Repealed]
9.59.010 to 9.59.050. Repealed by Laws 1973, 1st Ex.Sess., ch. 218, § 29
Current with 2013 Legislation effective through June 7, 2013
West's RCWA T. 9, Ch. 9.61, Refs & Annos
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments
Chapter 9.61. Malicious Mischief--Injury to Property
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.61.010
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.61. Malicious Mischief--Injury to Property (Refs & Annos)
9.61.010 to 9.61.110. Repealed by Laws 1975, 1st Ex.Sess., ch. 260, § 9A.92.010, eff. July 1, 1976
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.61.110
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.61. Malicious Mischief--Injury to Property (Refs & Annos)
9.61.010 to 9.61.110. Repealed by Laws 1975, 1st Ex.Sess., ch. 260, § 9A.92.010, eff. July 1, 1976
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.61.120
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.61. Malicious Mischief--Injury to Property (Refs & Annos)
9.61.120. Repealed by Laws 1971, Ex.Sess., ch. 307, § 24
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.61.130
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.61. Malicious Mischief--Injury to Property (Refs & Annos)
9.61.130. Recodified as § 76.04.397
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.61.140
Effective: September 29, 2011
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.61. Malicious Mischief--Injury to Property (Refs & Annos)
9.61.140. Decodified September 2011
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.61.150
Effective: September 29, 2011
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.61. Malicious Mischief--Injury to Property (Refs & Annos)
9.61.150. Decodified September 2011
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.61.160
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.61. Malicious Mischief--Injury to Property (Refs & Annos)
9.61.160. Threats to bomb or injure property--Penalty
(1) It shall be unlawful for any person to threaten to bomb or otherwise injure any public or private school building, any place of worship or public assembly, any governmental property, or any other building, common carrier, or structure, or any place used for human occupancy; or to communicate or repeat any information concerning such a threatened bombing or injury, knowing such information to be false and with intent to alarm the person or persons to whom the information is communicated or repeated.
(2) It shall not be a defense to any prosecution under this section that the threatened bombing or injury was a hoax.
(3) A violation of this section is a class B felony punishable according to chapter 9A.20 RCW.
CREDIT(S)
[2003 c 53 § 38, eff. July 1, 2004; 1977 ex.s. c 231 § 1; 1959 c 141 § 1.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.61.170
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.61. Malicious Mischief--Injury to Property (Refs & Annos)
9.61.170. Repealed by Laws 2003, ch. 53, § 421, eff. July 1, 2004
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.61.180
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.61. Malicious Mischief--Injury to Property (Refs & Annos)
9.61.180. Repealed by Laws 2003, ch. 53, § 421, eff. July 1, 2004
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.61.190
Effective: July 22, 2011
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.61. Malicious Mischief--Injury to Property (Refs & Annos)
9.61.190. Carrier or racing pigeons--Injury to
It is a class 1 civil infraction for any person, other than the owner thereof or his or her authorized agent, to knowingly shoot, kill, maim, injure, molest, entrap, or detain any Antwerp Messenger or Racing Pigeon, commonly called “carrier or racing pigeons”, having the name of its owner stamped upon its wing or tail or bearing upon its leg a band or ring with the name or initials of the owner or an identification or registration number stamped thereon.
CREDIT(S)
[2011 c 336 § 314, eff. July 22, 2011; 1987 c 456 § 25; 1963 c 69 § 1.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.61.200
Effective: July 22, 2011
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.61. Malicious Mischief--Injury to Property (Refs & Annos)
9.61.200. Carrier or racing pigeons--Removal or alteration of identification
It is a class 2 civil infraction for any person other than the owner thereof or his or her authorized agent to remove or alter any stamp, leg band, ring, or other mark of identification attached to any Antwerp Messenger or Racing Pigeon.
CREDIT(S)
[2011 c 336 § 315, eff. July 22, 2011; 1987 c 456 § 26; 1963 c 69 § 2.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.61.210
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.61. Malicious Mischief--Injury to Property (Refs & Annos)
9.61.210. Repealed by Laws 1987, ch. 456, § 27, eff. Jan. 1, 1989
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.61.220
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.61. Malicious Mischief--Injury to Property (Refs & Annos)
9.61.220. Repealed by Laws 1975, 1st Ex.Sess., ch. 260, § 9A.92.010, eff. July 1, 1976
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.61.230
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.61. Malicious Mischief--Injury to Property (Refs & Annos)
9.61.230. Telephone harassment
(1) Every person who, with intent to harass, intimidate, torment or embarrass any other person, shall make a telephone call to such other person:
(a) Using any lewd, lascivious, profane, indecent, or obscene words or language, or suggesting the commission of any lewd or lascivious act; or
(b) Anonymously or repeatedly or at an extremely inconvenient hour, whether or not conversation ensues; or
(c) Threatening to inflict injury on the person or property of the person called or any member of his or her family or household;
is guilty of a gross misdemeanor, except as provided in subsection (2) of this section.
(2) The person is guilty of a class C felony punishable according to chapter 9A.20 RCW if either of the following applies:
(a) That person has previously been convicted of any crime of harassment, as defined in RCW 9A.46.060, with the same victim or member of the victim's family or household or any person specifically named in a no-contact or no-harassment order in this or any other state; or
(b) That person harasses another person under subsection (1)(c) of this section by threatening to kill the person threatened or any other person.
CREDIT(S)
[2003 c 53 § 39, eff. July 1, 2004; 1992 c 186 § 6; 1985 c 288 § 11; 1967 c 16 § 1.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.61.240
Effective: July 22, 2011
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.61. Malicious Mischief--Injury to Property (Refs & Annos)
9.61.240. Telephone harassment--Permitting telephone to be used
Any person who knowingly permits any telephone under his or her control to be used for any purpose prohibited by RCW 9.61.230 shall be guilty of a misdemeanor.
CREDIT(S)
[2011 c 336 § 316, eff. July 22, 2011; 1967 c 16 § 2.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.61.250
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.61. Malicious Mischief--Injury to Property (Refs & Annos)
9.61.250. Telephone harassment--Offense, where deemed committed
Any offense committed by use of a telephone as set forth in RCW 9.61.230 may be deemed to have been committed either at the place from which the telephone call or calls were made or at the place where the telephone call or calls were received.
CREDIT(S)
[1967 c 16 § 3.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.61.260
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.61. Malicious Mischief--Injury to Property (Refs & Annos)
9.61.260. Cyberstalking
(1) A person is guilty of cyberstalking if he or she, with intent to harass, intimidate, torment, or embarrass any other person, and under circumstances not constituting telephone harassment, makes an electronic communication to such other person or a third party:
(a) Using any lewd, lascivious, indecent, or obscene words, images, or language, or suggesting the commission of any lewd or lascivious act;
(b) Anonymously or repeatedly whether or not conversation occurs; or
(c) Threatening to inflict injury on the person or property of the person called or any member of his or her family or household.
(2) Cyberstalking is a gross misdemeanor, except as provided in subsection (3) of this section.
(3) Cyberstalking is a class C felony if either of the following applies:
(a) The perpetrator has previously been convicted of the crime of harassment, as defined in RCW 9A.46.060, with the same victim or a member of the victim's family or household or any person specifically named in a no-contact order or no-harassment order in this or any other state; or
(b) The perpetrator engages in the behavior prohibited under subsection (1)(c) of this section by threatening to kill the person threatened or any other person.
(4) Any offense committed under this section may be deemed to have been committed either at the place from which the communication was made or at the place where the communication was received.
(5) For purposes of this section, “electronic communication” means the transmission of information by wire, radio, optical cable, electromagnetic, or other similar means. “Electronic communication” includes, but is not limited to, electronic mail, internet-based communications, pager service, and electronic text messaging.
CREDIT(S)
[2004 c 94 § 1, eff. March 24, 2004.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.62.010
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.62. Malicious Prosecution--Abuse of Process
9.62.010. Malicious prosecution
Every person who shall, maliciously and without probable cause therefor, cause or attempt to cause another to be arrested or proceeded against for any crime of which he or she is innocent:
(1) If such crime be a felony, is guilty of a class C felony and shall be punished by imprisonment in a state correctional facility for not more than five years; and
(2) If such crime be a gross misdemeanor or misdemeanor, shall be guilty of a misdemeanor.
CREDIT(S)
[2003 c 53 § 40, eff. July 1, 2004; 1992 c 7 § 15; 1909 c 249 § 117; Code 1881 § 899; 1873 p 203 § 98; 1854 p 92 § 89; RRS § 2369.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.62.020
Effective: July 22, 2011
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.62. Malicious Prosecution--Abuse of Process
9.62.020. Instituting suit in name of another
Every person who shall institute or prosecute any action or other proceeding in the name of another, without his or her consent and contrary to law, shall be guilty of a gross misdemeanor.
CREDIT(S)
[2011 c 336 § 317, eff. July 22, 2011; 1909 c 249 § 124; RRS § 2376.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.65.010
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.65. Mayhem [Repealed]
9.65.010 to 9.65.030. Repealed by Laws 1975, 1st Ex.Sess., ch. 260, § 9A.92.010, eff. July 1, 1976
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.65.030
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.65. Mayhem [Repealed]
9.65.010 to 9.65.030. Repealed by Laws 1975, 1st Ex.Sess., ch. 260, § 9A.92.010, eff. July 1, 1976
Current with 2013 Legislation effective through June 7, 2013
West's RCWA T. 9, Ch. 9.66, Refs & Annos
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments
Chapter 9.66. Nuisance
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.66.010
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.66. Nuisance (Refs & Annos)
9.66.010. Public nuisance
A public nuisance is a crime against the order and economy of the state. Every place
(1) Wherein any fighting between people or animals or birds shall be conducted; or,
(2) Wherein any intoxicating liquors are kept for unlawful use, sale or distribution; or,
(3) Where vagrants resort; and
Every act unlawfully done and every omission to perform a duty, which act or omission
(1) Shall annoy, injure or endanger the safety, health, comfort, or repose of any considerable number of persons; or,
(2) Shall offend public decency; or,
(3) Shall unlawfully interfere with, befoul, obstruct, or tend to obstruct, or render dangerous for passage, a lake, navigable river, bay, stream, canal or basin, or a public park, square, street, alley, highway, or municipal transit vehicle or station; or,
(4) Shall in any way render a considerable number of persons insecure in life or the use of property;
Shall be a public nuisance.
CREDIT(S)
[1994 c 45 § 3; 1971 ex.s. c 280 § 22; 1909 c 249 § 248; 1895 c 14 § 1; Code 1881 § 1246; RRS § 2500.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.66.020
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.66. Nuisance (Refs & Annos)
9.66.020. Unequal damage
An act which affects a considerable number of persons in any of the ways specified in RCW 9.66.010 is not less a public nuisance because the extent of the damage is unequal.
CREDIT(S)
[1909 c 249 § 249; Code 1881 § 1236; 1875 p 79 § 2; RRS § 2501.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.66.030
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.66. Nuisance (Refs & Annos)
9.66.030. Maintaining or permitting nuisance
Every person who shall commit or maintain a public nuisance, for which no special punishment is prescribed; or who shall wilfully omit or refuse to perform any legal duty relating to the removal of such nuisance; and every person who shall let, or permit to be used, any building or boat, or portion thereof, knowing that it is intended to be, or is being used, for committing or maintaining any such nuisance, shall be guilty of a misdemeanor.
CREDIT(S)
[1909 c 249 § 250; Code 1881 § 1248; 1875 p 81 § 14; RRS § 2502.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.66.040
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.66. Nuisance (Refs & Annos)
9.66.040. Abatement of nuisance
Any court or magistrate before whom there may be pending any proceeding for a violation of RCW 9.66.030, shall, in addition to any fine or other punishment which it may impose for such violation, order such nuisance abated, and all property unlawfully used in the maintenance thereof destroyed by the sheriff at the cost of the defendant: PROVIDED, That if the conviction was had in a district court, the district judge shall not issue the order and warrant of abatement, but on application therefor, shall transfer the cause to the superior court which shall proceed to try the issue of abatement in the same manner as if the action had been originally commenced therein.
CREDIT(S)
[1987 c 202 § 140; 1957 c 45 § 4; 1909 c 249 § 251; Code 1881 §§ 1244, 1245; 1875 p 80 §§ 10, 11; RRS § 2503.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.66.050
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.66. Nuisance (Refs & Annos)
9.66.050. Deposit of unwholesome substance
Every person who shall deposit, leave or keep, on or near a highway or route of public travel, on land or water, any unwholesome substance; or who shall establish, maintain or carry on, upon or near a highway or route of public travel, on land or water, any business, trade or manufacture which is noisome or detrimental to the public health; or who shall deposit or cast into any lake, creek or river, wholly or partly in this state, the offal from or the dead body of any animal, shall be guilty of a gross misdemeanor.
CREDIT(S)
[1909 c 249 § 285; RRS § 2537.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.66.060
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.66. Nuisance (Refs & Annos)
9.66.060. Repealed by Laws 1971, Ex.Sess., ch. 307, § 24
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.66.070
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.66. Nuisance (Refs & Annos)
9.66.070. Repealed by Laws 1971, Ex.Sess., ch. 307, § 24
Current with 2013 Legislation effective through June 7, 2013
West's RCWA T. 9, Ch. 9.68, Refs & Annos
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments
Chapter 9.68. Obscenity and Pornography
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.68.010
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.68. Obscenity and Pornography (Refs & Annos)
9.68.010. Repealed by Laws 1982, ch. 184, § 11, eff. April 1, 1982
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.68.015
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.68. Obscenity and Pornography (Refs & Annos)
9.68.015. Obscene literature, shows, etc.--Exemptions
Nothing in chapter 260, Laws of 1959 shall apply to the circulation of any such material by any recognized historical society or museum, the state law library, any county law library, the state library, the public library, any library of any college or university, or to any archive or library under the supervision and control of the state, county, municipality, or other political subdivision.
CREDIT(S)
[1959 c 260 § 2.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.68.020
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.68. Obscenity and Pornography (Refs & Annos)
9.68.020. Repealed by Laws 1982, ch. 184, § 11, eff. April 1, 1982
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.68.030
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.68. Obscenity and Pornography (Refs & Annos)
9.68.030. Indecent articles, etc.
Every person who shall expose for sale, loan or distribution, any instrument or article, or any drug or medicine, for causing unlawful abortion; or shall write, print, distribute or exhibit any card, circular, pamphlet, advertisement or notice of any kind, stating when, where, how or of whom such article or medicine can be obtained, shall be guilty of a misdemeanor.
CREDIT(S)
[1971 ex.s. c 185 § 2; 1909 c 249 § 208; RRS § 2460.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.68.040
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.68. Obscenity and Pornography (Refs & Annos)
9.68.040. Repealed by 1972, Ex.Sess., ch. 122, § 26, eff. Jan. 1, 1975
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.68.050
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.68. Obscenity and Pornography (Refs & Annos)
9.68.050. “Erotic material”--Definitions
For the purposes of RCW 9.68.050 through 9.68.120:
(1) “Minor” means any person under the age of eighteen years;
(2) “Erotic material” means printed material, photographs, pictures, motion pictures, sound recordings, and other material the dominant theme of which taken as a whole appeals to the prurient interest of minors in sex; which is patently offensive because it affronts contemporary community standards relating to the description or representation of sexual matters or sado-masochistic abuse; and is utterly without redeeming social value;
(3) “Person” means any individual, corporation, or other organization;
(4) “Dealers”, “distributors”, and “exhibitors” mean persons engaged in the distribution, sale, or exhibition of printed material, photographs, pictures, motion pictures, or sound recordings.
CREDIT(S)
[1992 c 5 § 1; 1969 ex.s. c 256 § 13.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.68.060
Effective: July 22, 2011
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.68. Obscenity and Pornography (Refs & Annos)
9.68.060. “Erotic material”--Determination by court--Labeling--Penalties
(1) When it appears that material which may be deemed erotic is being sold, distributed, or exhibited in this state, the prosecuting attorney of the county in which the sale, distribution, or exhibition is taking place may apply to the superior court for a hearing to determine the character of the material with respect to whether it is erotic material.
(2) Notice of the hearing shall immediately be served upon the dealer, distributor, or exhibitor selling or otherwise distributing or exhibiting the alleged erotic material. The superior court shall hold a hearing not later than five days from the service of notice to determine whether the subject matter is erotic material within the meaning of RCW 9.68.050.
(3) If the superior court rules that the subject material is erotic material, then, following such adjudication:
(a) If the subject material is written or printed, or is a sound recording, the court shall issue an order requiring that an “adults only” label be placed on the publication or sound recording, if such publication or sound recording is going to continue to be distributed. Whenever the superior court orders a publication or sound recording to have an “adults only” label placed thereon, such label shall be impressed on the front cover of all copies of such erotic publication or sound recording sold or otherwise distributed in the state of Washington. Such labels shall be in forty-eight point bold face type located in a conspicuous place on the front cover of the publication or sound recording. All dealers and distributors are hereby prohibited from displaying erotic publications or sound recordings in their store windows, on outside newsstands on public thoroughfares, or in any other manner so as to make an erotic publication or the contents of an erotic sound recording readily accessible to minors.
(b) If the subject material is a motion picture, the court shall issue an order requiring that such motion picture shall be labeled “adults only”. The exhibitor shall prominently display a sign saying “adults only” at the place of exhibition, and any advertising of the motion picture shall contain a statement that it is for adults only. Such exhibitor shall also display a sign at the place where admission tickets are sold stating that it is unlawful for minors to misrepresent their age.
(4) Failure to comply with a court order issued under the provisions of this section shall subject the dealer, distributor, or exhibitor to contempt proceedings.
(5) Any person who, after the court determines material to be erotic, sells, distributes, or exhibits the erotic material to a minor shall be guilty of violating RCW 9.68.050 through 9.68.120, such violation to carry the following penalties:
(a) For the first offense a misdemeanor and upon conviction shall be fined not more than five hundred dollars, or imprisoned in the county jail not more than six months;
(b) For the second offense a gross misdemeanor and upon conviction shall be fined not more than one thousand dollars, or imprisoned for up to three hundred sixty-four days;
(c) For all subsequent offenses a class B felony and upon conviction shall be fined not more than five thousand dollars, or imprisoned not less than one year.
CREDIT(S)
[2011 c 96 § 8, eff. July 22, 2011; 2003 c 53 § 41, eff. July 1, 2004; 1992 c 5 § 2; 1969 ex.s. c 256 § 14.]
VALIDITY
<This section was found to be unconstitutional in Soundgarden v. Eikenberry, 871 P.2d 1050 (Wash. 1994). See Notes of Decisions, post>
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.68.070
Effective: July 22, 2011
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.68. Obscenity and Pornography (Refs & Annos)
9.68.070. Prosecution for violation of RCW 9.68.060--Defense
In any prosecution for violation of RCW 9.68.060, it shall be a defense that:
(1) If the violation pertains to a motion picture or sound recording, the minor was accompanied by a parent, parent's spouse, or guardian; or
(2) Such minor exhibited to the defendant a draft card, driver's license, birth certificate, or other official or an apparently official document purporting to establish such minor was over the age of eighteen years; or
(3) Such minor was accompanied by a person who represented himself or herself to be a parent, or the spouse of a parent, or a guardian of such minor, and the defendant in good faith relied upon such representation.
CREDIT(S)
[2011 c 336 § 318, eff. July 22, 2011; 1992 c 5 § 4; 1969 ex.s. c 256 § 15.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.68.080
Effective: July 22, 2011
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.68. Obscenity and Pornography (Refs & Annos)
9.68.080. Unlawful acts
(1) It shall be unlawful for any minor to misrepresent his or her true age or his or her true status as the child, stepchild, or ward of a person accompanying him or her, for the purpose of purchasing or obtaining access to any material described in RCW 9.68.050.
(2) It shall be unlawful for any person accompanying such minor to misrepresent his or her true status as parent, spouse of a parent, or guardian of any minor for the purpose of enabling such minor to purchase or obtain access to material described in RCW 9.68.050.
CREDIT(S)
[2011 c 336 § 319, eff. July 22, 2011; 1969 ex.s. c 256 § 16.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.68.090
Effective: July 22, 2011
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.68. Obscenity and Pornography (Refs & Annos)
9.68.090. Civil liability of wholesaler or wholesaler-distributor
No retailer, wholesaler, or exhibitor is to be deprived of service from a wholesaler or wholesaler-distributor of books, magazines, motion pictures, sound recordings, or other materials or subjected to loss of his or her franchise or right to deal or exhibit as a result of his or her attempts to comply with this statute. Any publisher, distributor, or other person, or combination of such persons, which withdraws or attempts to withdraw a franchise or other right to sell at retail, wholesale or exhibit materials on account of the retailer's, wholesaler's, or exhibitor's attempts to comply with RCW 9.68.050 through 9.68.120 shall incur civil liability to such retailer, wholesaler, or exhibitor for threefold the actual damages resulting from such withdrawal or attempted withdrawal.
CREDIT(S)
[2011 c 336 § 320, eff. July 22, 2011; 1992 c 5 § 3; 1969 ex.s. c 256 § 17.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.68.100
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.68. Obscenity and Pornography (Refs & Annos)
9.68.100. Exceptions to RCW 9.68.050 through 9.68.120
Nothing in RCW 9.68.050 through 9.68.120 shall apply to the circulation of any such material by any recognized historical society or museum, the state law library, any county law library, the state library, the public library, any library of any college or university, or to any archive or library under the supervision and control of the state, county, municipality, or other political subdivision.
CREDIT(S)
[1969 ex.s. c 256 § 18.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.68.110
Effective: July 22, 2011
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.68. Obscenity and Pornography (Refs & Annos)
9.68.110. Motion picture operator or projectionist exempt, when
The provisions of RCW 9.68.050 through 9.68.120 shall not apply to acts done in the scope of his or her employment by a motion picture operator or projectionist employed by the owner or manager of a theatre or other place for the showing of motion pictures, unless the motion picture operator or projectionist has a financial interest in such theatre or place wherein he or she is so employed or unless he or she caused to be performed or exhibited such performance or motion picture without the knowledge and consent of the manager or owner of the theatre or other place of showing.
CREDIT(S)
[2011 c 336 § 321, eff. July 22, 2011; 1969 ex.s. c 256 § 19.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.68.120
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.68. Obscenity and Pornography (Refs & Annos)
9.68.120. Provisions of RCW 9.68.050 through 9.68.120 exclusive
The provisions of RCW 9.68.050 through 9.68.120 shall be exclusive.
CREDIT(S)
[1969 ex.s. c 256 § 20.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.68.130
Effective: July 22, 2011
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.68. Obscenity and Pornography (Refs & Annos)
9.68.130. “Sexually explicit material”--Defined--Unlawful display
(1) A person is guilty of unlawful display of sexually explicit material if he or she knowingly exhibits such material on a viewing screen so that the sexually explicit material is easily visible from a public thoroughfare, park or playground or from one or more family dwelling units.
(2) “Sexually explicit material” as that term is used in this section means any pictorial material displaying direct physical stimulation of unclothed genitals, masturbation, sodomy (i.e. bestiality or oral or anal intercourse), flagellation or torture in the context of a sexual relationship, or emphasizing the depiction of adult human genitals: PROVIDED HOWEVER, That works of art or of anthropological significance shall not be deemed to be within the foregoing definition.
(3) Any person who violates subsection (1) of this section shall be guilty of a misdemeanor.
CREDIT(S)
[2011 c 336 § 322, eff. July 22, 2011; 1975 1st ex.s. c 156 § 1.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.68.140
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.68. Obscenity and Pornography (Refs & Annos)
9.68.140. Promoting pornography--Class C felony--Penalties
A person who, for profit-making purposes and with knowledge, sells, exhibits, displays, or produces any lewd matter as defined in RCW 7.48A.010 is guilty of promoting pornography. Promoting pornography is a class C felony and shall bear the punishment and fines prescribed for that class of felony. In imposing the criminal penalty, the court shall consider the wilfulness of the defendant's conduct and the profits made by the defendant attributable to the felony. All fines assessed under this chapter shall be paid into the general treasury of the state.
CREDIT(S)
[1985 c 235 § 3; 1982 c 184 § 8.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.68.900
Effective: July 26, 2009
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.68. Obscenity and Pornography (Refs & Annos)
9.68.900. Construction--Chapter applicable to state registered domestic partnerships--2009 c 521
For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered domestic partnerships that have been terminated, dissolved, or invalidated, to the extent that such interpretation does not conflict with federal law. Where necessary to implement chapter 521, Laws of 2009, gender-specific terms such as husband and wife used in any statute, rule, or other law shall be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships.
CREDIT(S)
[2009 c 521 § 19, eff. July 26, 2009.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA T. 9, Ch. 9.68A, Refs & Annos
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments
Chapter 9.68A. Sexual Exploitation of Children
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.68A.001
Effective: June 7, 2012
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.68A. Sexual Exploitation of Children (Refs & Annos)
9.68A.001. Legislative findings, intent
The legislature finds that the prevention of sexual exploitation and abuse of children constitutes a government objective of surpassing importance. The care of children is a sacred trust and should not be abused by those who seek commercial gain or personal gratification based on the exploitation of children.
The legislature further finds that the protection of children from sexual exploitation can be accomplished without infringing on a constitutionally protected activity. The definition of “sexually explicit conduct” and other operative definitions demarcate a line between protected and prohibited conduct and should not inhibit legitimate scientific, medical, or educational activities.
The legislature further finds that children engaged in sexual conduct for financial compensation are frequently the victims of sexual abuse. Approximately eighty to ninety percent of children engaged in sexual activity for financial compensation have a history of sexual abuse victimization. It is the intent of the legislature to encourage these children to engage in prevention and intervention services and to hold those who pay to engage in the sexual abuse of children accountable for the trauma they inflict on children.
The legislature further finds that due to the changing nature of technology, offenders are now able to access child pornography in different ways and in increasing quantities. By amending current statutes governing depictions of a minor engaged in sexually explicit conduct, it is the intent of the legislature to ensure that intentional viewing of and dealing in child pornography over the internet is subject to a criminal penalty without limiting the scope of existing prohibitions on the possession of or dealing in child pornography, including the possession of electronic depictions of a minor engaged in sexually explicit conduct. It is also the intent of the legislature to clarify, in response to State v. Sutherby, 204 P.3d 916 (2009), the unit of prosecution for the statutes governing possession of and dealing in depictions of a minor engaged in sexually explicit conduct. It is the intent of the legislature that the first degree offenses under RCW 9.68A.050, 9.68A.060, and 9.68A.070 have a per depiction or image unit of prosecution, while the second degree offenses under RCW 9.68A.050, 9.68A.060, and 9.68A.070 have a per incident unit of prosecution as established in State v. Sutherby, 204 P.3d 916 (2009). Furthermore, it is the intent of the legislature to set a different unit of prosecution for the new offense of viewing of depictions of a minor engaged in sexually explicit conduct such that each separate session of intentionally viewing over the internet of visual depictions or images of a minor engaged in sexually explicit conduct constitutes a separate offense.
The decisions of the Washington supreme court in State v. Boyd, 160 W.2d 424, 158 P.3d 54 (2007), and State v. Grenning, 169 Wn.2d 47, 234 P. 3d 169 (2010), require prosecutors to duplicate and distribute depictions of a minor engaged in sexually explicit conduct (“child pornography”) as part of the discovery process in a criminal prosecution. The legislature finds that the importance of protecting children from repeat exploitation in child pornography is not being given sufficient weight under these decisions. The importance of protecting children from repeat exploitation in child pornography is based upon the following findings:
(1) Child pornography is not entitled to protection under the First Amendment and thus may be prohibited;
(2) The state has a compelling interest in protecting children from those who sexually exploit them, and this interest extends to stamping out the vice of child pornography at all levels in the distribution chain;
(3) Every instance of viewing images of child pornography represents a renewed violation of the privacy of the victims and a repetition of their abuse;
(4) Child pornography constitutes prima facie contraband, and as such should not be distributed to, or copied by, child pornography defendants or their attorneys;
(5) It is imperative to prohibit the reproduction of child pornography in criminal cases so as to avoid repeated violation and abuse of victims, so long as the government makes reasonable accommodations for the inspection, viewing, and examination of such material for the purposes of mounting a criminal defense. The legislature is also aware that the Adam Walsh child protection and safety act, P.L. 109-248, 120 Stat. 587 (2006), codified at 18 U.S.C. Sec. 3509(m), prohibits the duplication and distribution of child pornography as part of the discovery process in federal prosecutions. This federal law has been in effect since 2006, and upheld repeatedly as constitutional. Courts interpreting the Walsh act have found that such limitations can be employed while still providing the defendant due process. The legislature joins congress, and the legislatures of other states that have passed similar provisions, in protecting these child victims so that our justice system does not cause repeat exploitation, while still providing due process to criminal defendants.
CREDIT(S)
[2012 c 135 § 1, eff. June 7, 2012; 2010 c 227 § 1, eff. June 10, 2010; 2007 c 368 § 1, eff. July 22, 2007; 1984 c 262 § 1.]
<(Formerly: Child Pornography)>
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.68A.005
Effective: June 10, 2010
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.68A. Sexual Exploitation of Children (Refs & Annos)
9.68A.005. Chapter not applicable to lawful conduct between spouses
This chapter does not apply to lawful conduct between spouses.
CREDIT(S)
[2010 c 227 § 2, eff. June 10, 2010.]
<(Formerly: Child Pornography)>
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.68A.010
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.68A. Sexual Exploitation of Children (Refs & Annos)
9.68A.010. Repealed by Laws 1984, ch. 262, § 13
<(Formerly: Child Pornography)>
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.68A.011
Effective: June 10, 2010
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.68A. Sexual Exploitation of Children (Refs & Annos)
9.68A.011. Definitions
Unless the context clearly indicates otherwise, the definitions in this section apply throughout this chapter.
(1) An “internet session” means a period of time during which an internet user, using a specific internet protocol address, visits or is logged into an internet site for an uninterrupted period of time.
(2) To “photograph” means to make a print, negative, slide, digital image, motion picture, or videotape. A “photograph” means anything tangible or intangible produced by photographing.
(3) “Visual or printed matter” means any photograph or other material that contains a reproduction of a photograph.
(4) “Sexually explicit conduct” means actual or simulated:
(a) Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex or between humans and animals;
(b) Penetration of the vagina or rectum by any object;
(c) Masturbation;
(d) Sadomasochistic abuse;
(e) Defecation or urination for the purpose of sexual stimulation of the viewer;
(f) Depiction of the genitals or unclothed pubic or rectal areas of any minor, or the unclothed breast of a female minor, for the purpose of sexual stimulation of the viewer. For the purposes of this subsection (4)(f), it is not necessary that the minor know that he or she is participating in the described conduct, or any aspect of it; and
(g) Touching of a person's clothed or unclothed genitals, pubic area, buttocks, or breast area for the purpose of sexual stimulation of the viewer.
(5) “Minor” means any person under eighteen years of age.
(6) “Live performance” means any play, show, skit, dance, or other exhibition performed or presented to or before an audience of one or more, with or without consideration.
CREDIT(S)
[2010 c 227 § 3, eff. June 10, 2010; 2002 c 70 § 1; 1989 c 32 § 1; 1984 c 262 § 2.]
<(Formerly: Child Pornography)>
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.68A.020
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.68A. Sexual Exploitation of Children (Refs & Annos)
9.68A.020. Repealed by Laws 1984, ch. 262, § 13
<(Formerly: Child Pornography)>
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.68A.030
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.68A. Sexual Exploitation of Children (Refs & Annos)
9.68A.030. Repealed by Laws 1984, ch. 262, § 13
<(Formerly: Child Pornography)>
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.68A.040
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.68A. Sexual Exploitation of Children (Refs & Annos)
9.68A.040. Sexual exploitation of a minor--Elements of crime--Penalty
(1) A person is guilty of sexual exploitation of a minor if the person:
(a) Compels a minor by threat or force to engage in sexually explicit conduct, knowing that such conduct will be photographed or part of a live performance;
(b) Aids, invites, employs, authorizes, or causes a minor to engage in sexually explicit conduct, knowing that such conduct will be photographed or part of a live performance; or
(c) Being a parent, legal guardian, or person having custody or control of a minor, permits the minor to engage in sexually explicit conduct, knowing that the conduct will be photographed or part of a live performance.
(2) Sexual exploitation of a minor is a class B felony punishable under chapter 9A.20 RCW.
CREDIT(S)
[1989 c 32 § 2; 1984 c 262 § 3.]
<(Formerly: Child Pornography)>
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.68A.050
Effective: June 10, 2010
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.68A. Sexual Exploitation of Children (Refs & Annos)
9.68A.050. Dealing in depictions of minor engaged in sexually explicit conduct
(1)(a) A person commits the crime of dealing in depictions of a minor engaged in sexually explicit conduct in the first degree when he or she:
(i) Knowingly develops, duplicates, publishes, prints, disseminates, exchanges, finances, attempts to finance, or sells a visual or printed matter that depicts a minor engaged in an act of sexually explicit conduct as defined in RCW 9.68A.011(4) (a) through (e); or
(ii) Possesses with intent to develop, duplicate, publish, print, disseminate, exchange, or sell any visual or printed matter that depicts a minor engaged in an act of sexually explicit conduct as defined in RCW 9.68A.011(4) (a) through (e).
(b) Dealing in depictions of a minor engaged in sexually explicit conduct in the first degree is a class B felony punishable under chapter 9A.20 RCW.
(c) For the purposes of determining the unit of prosecution under this subsection, each depiction or image of visual or printed matter constitutes a separate offense.
(2)(a) A person commits the crime of dealing in depictions of a minor engaged in sexually explicit conduct in the second degree when he or she:
(i) Knowingly develops, duplicates, publishes, prints, disseminates, exchanges, finances, attempts to finance, or sells any visual or printed matter that depicts a minor engaged in an act of sexually explicit conduct as defined in RCW 9.68A.011(4) (f) or (g); or
(ii) Possesses with intent to develop, duplicate, publish, print, disseminate, exchange, or sell any visual or printed matter that depicts a minor engaged in an act of sexually explicit conduct as defined in RCW 9.68A. 011(4) (f) or (g).
(b) Dealing in depictions of a minor engaged in sexually explicit conduct in the second degree is a class C felony punishable under chapter 9A. 20 RCW.
(c) For the purposes of determining the unit of prosecution under this subsection, each incident of dealing in one or more depictions or images of visual or printed matter constitutes a separate offense.
CREDIT(S)
[2010 c 227 § 4, eff. June 10, 2010; 1989 c 32 § 3; 1984 c 262 § 4.]
<(Formerly: Child Pornography)>
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.68A.060
Effective: June 10, 2010
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.68A. Sexual Exploitation of Children (Refs & Annos)
9.68A.060. Sending, bringing into state depictions of minor engaged in sexually explicit conduct
(1)(a) A person commits the crime of sending or bringing into the state depictions of a minor engaged in sexually explicit conduct in the first degree when he or she knowingly sends or causes to be sent, or brings or causes to be brought, into this state for sale or distribution, a visual or printed matter that depicts a minor engaged in sexually explicit conduct as defined in RCW 9.68A.011(4) (a) through (e).
(b) Sending or bringing into the state depictions of a minor engaged in sexually explicit conduct in the first degree is a class B felony punishable under chapter 9A.20 RCW.
(c) For the purposes of determining the unit of prosecution under this subsection, each depiction or image of visual or printed matter constitutes a separate offense.
(2)(a) A person commits the crime of sending or bringing into the state depictions of a minor engaged in sexually explicit conduct in the second degree when he or she knowingly sends or causes to be sent, or brings or causes to be brought, into this state for sale or distribution, any visual or printed matter that depicts a minor engaged in sexually explicit conduct as defined in RCW 9.68A.011(4) (f) or (g).
(b) Sending or bringing into the state depictions of a minor engaged in sexually explicit conduct in the second degree is a class C felony punishable under chapter 9A.20 RCW.
(c) For the purposes of determining the unit of prosecution under this subsection, each incident of sending or bringing into the state one or more depictions or images of visual or printed matter constitutes a separate offense.
CREDIT(S)
[2010 c 227 § 5, eff. June 10, 2010; 1989 c 32 § 4; 1984 c 262 § 5.]
<(Formerly: Child Pornography)>
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.68A.070
Effective: June 10, 2010
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.68A. Sexual Exploitation of Children (Refs & Annos)
9.68A.070. Possession of depictions of minor engaged in sexually explicit conduct
(1)(a) A person commits the crime of possession of depictions of a minor engaged in sexually explicit conduct in the first degree when he or she knowingly possesses a visual or printed matter depicting a minor engaged in sexually explicit conduct as defined in RCW 9. 68A.011(4) (a) through (e).
(b) Possession of depictions of a minor engaged in sexually explicit conduct in the first degree is a class B felony punishable under chapter 9A.20 RCW.
(c) For the purposes of determining the unit of prosecution under this subsection, each depiction or image of visual or printed matter constitutes a separate offense.
(2)(a) A person commits the crime of possession of depictions of a minor engaged in sexually explicit conduct in the second degree when he or she knowingly possesses any visual or printed matter depicting a minor engaged in sexually explicit conduct as defined in RCW 9.68A.011(4) (f) or (g).
(b) Possession of depictions of a minor engaged in sexually explicit conduct in the second degree is a class C felony punishable under chapter 9A. 20 RCW.
(c) For the purposes of determining the unit of prosecution under this subsection, each incident of possession of one or more depictions or images of visual or printed matter constitutes a separate offense.
CREDIT(S)
[2010 c 227 § 6, eff. June 10, 2010; 2006 c 139 § 3, eff. June 7, 2006; 1990 c 155 § 1; 1989 c 32 § 5; 1984 c 262 § 6.]
<(Formerly: Child Pornography)>
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.68A.075
Effective: June 10, 2010
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.68A. Sexual Exploitation of Children (Refs & Annos)
9.68A.075. Viewing depictions of a minor engaged in sexually explicit conduct
(1) A person who intentionally views over the internet visual or printed matter depicting a minor engaged in sexually explicit conduct as defined in RCW 9.68A.011(4) (a) through (e) is guilty of viewing depictions of a minor engaged in sexually explicit conduct in the first degree, a class B felony punishable under chapter 9A.20 RCW.
(2) A person who intentionally views over the internet visual or printed matter depicting a minor engaged in sexually explicit conduct as defined in RCW 9.68A.011(4) (f) or (g) is guilty of viewing depictions of a minor engaged in sexually explicit conduct in the second degree, a class C felony punishable under chapter 9A.20 RCW.
(3) For the purposes of determining whether a person intentionally viewed over the internet a visual or printed matter depicting a minor engaged in sexually explicit conduct in subsection (1) or (2) of this section, the trier of fact shall consider the title, text, and content of the visual or printed matter, as well as the internet history, search terms, thumbnail images, downloading activity, expert computer forensic testimony, number of visual or printed matter depicting minors engaged in sexually explicit conduct, defendant's access to and control over the electronic device and its contents upon which the visual or printed matter was found, or any other relevant evidence. The state must prove beyond a reasonable doubt that the viewing was initiated by the user of the computer where the viewing occurred.
(4) For the purposes of this section, each separate internet session of intentionally viewing over the internet visual or printed matter depicting a minor engaged in sexually explicit conduct constitutes a separate offense.
CREDIT(S)
[2010 c 227 § 7, eff. June 10, 2010.]
<(Formerly: Child Pornography)>
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.68A.080
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.68A. Sexual Exploitation of Children (Refs & Annos)
9.68A.080. Reporting of depictions of minor engaged in sexually explicit conduct--Civil immunity
(1) A person who, in the course of processing or producing visual or printed matter either privately or commercially, has reasonable cause to believe that the visual or printed matter submitted for processing or producing depicts a minor engaged in sexually explicit conduct shall immediately report such incident, or cause a report to be made, to the proper law enforcement agency. Persons failing to do so are guilty of a gross misdemeanor.
(2) If, in the course of repairing, modifying, or maintaining a computer that has been submitted either privately or commercially for repair, modification, or maintenance, a person has reasonable cause to believe that the computer stores visual or printed matter that depicts a minor engaged in sexually explicit conduct, the person performing the repair, modification, or maintenance may report such incident, or cause a report to be made, to the proper law enforcement agency.
(3) A person who makes a report in good faith under this section is immune from civil liability resulting from the report.
CREDIT(S)
[2002 c 70 § 2; 1989 c 32 § 6; 1984 c 262 § 7.]
<(Formerly: Child Pornography)>
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.68A.090
Effective: June 7, 2006
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.68A. Sexual Exploitation of Children (Refs & Annos)
9.68A.090. Communication with minor for immoral purposes--Penalties
(1) Except as provided in subsection (2) of this section, a person who communicates with a minor for immoral purposes, or a person who communicates with someone the person believes to be a minor for immoral purposes, is guilty of a gross misdemeanor.
(2) A person who communicates with a minor for immoral purposes is guilty of a class C felony punishable according to chapter 9A.20 RCW if the person has previously been convicted under this section or of a felony sexual offense under chapter 9.68A, 9A.44, or 9A.64 RCW or of any other felony sexual offense in this or any other state or if the person communicates with a minor or with someone the person believes to be a minor for immoral purposes through the sending of an electronic communication.
CREDIT(S)
[2006 c 139 § 1, eff. June 7, 2006. Prior: 2003 c 53 § 42, eff. July 1, 2004; 2003 c 26 § 1, eff. July 27, 2003; 1989 c 32 § 7; 1986 c 319 § 2; 1984 c 262 § 8.]
<(Formerly: Child Pornography)>
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.68A.100
Effective: June 10, 2010
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.68A. Sexual Exploitation of Children (Refs & Annos)
9.68A.100. Commercial sexual abuse of a minor--Penalties
(1) A person is guilty of commercial sexual abuse of a minor if:
(a) He or she pays a fee to a minor or a third person as compensation for a minor having engaged in sexual conduct with him or her;
(b) He or she pays or agrees to pay a fee to a minor or a third person pursuant to an understanding that in return therefore such minor will engage in sexual conduct with him or her; or
(c) He or she solicits, offers, or requests to engage in sexual conduct with a minor in return for a fee.
(2) Commercial sexual abuse of a minor is a class B felony punishable under chapter 9A.20 RCW.
(3) In addition to any other penalty provided under chapter 9A.20 RCW, a person guilty of commercial sexual abuse of a minor is subject to the provisions under RCW 9A.88.130 and 9A.88.140.
(4) For purposes of this section, “sexual conduct” means sexual intercourse or sexual contact, both as defined in chapter 9A.44 RCW.
CREDIT(S)
[2010 c 289 § 13, eff. June 10, 2010; 2007 c 368 § 2, eff. July 22, 2007; 1999 c 327 § 4; 1989 c 32 § 8; 1984 c 262 § 9.]
<(Formerly: Child Pornography)>
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.68A.101
Effective: June 7, 2012
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.68A. Sexual Exploitation of Children (Refs & Annos)
9.68A.101. Promoting commercial sexual abuse of a minor--Penalty
(1) A person is guilty of promoting commercial sexual abuse of a minor if he or she knowingly advances commercial sexual abuse or a sexually explicit act of a minor or profits from a minor engaged in sexual conduct or a sexually explicit act.
(2) Promoting commercial sexual abuse of a minor is a class A felony.
(3) For the purposes of this section:
(a) A person “advances commercial sexual abuse of a minor” if, acting other than as a minor receiving compensation for personally rendered sexual conduct or as a person engaged in commercial sexual abuse of a minor, he or she causes or aids a person to commit or engage in commercial sexual abuse of a minor, procures or solicits customers for commercial sexual abuse of a minor, provides persons or premises for the purposes of engaging in commercial sexual abuse of a minor, operates or assists in the operation of a house or enterprise for the purposes of engaging in commercial sexual abuse of a minor, or engages in any other conduct designed to institute, aid, cause, assist, or facilitate an act or enterprise of commercial sexual abuse of a minor.
(b) A person “profits from commercial sexual abuse of a minor” if, acting other than as a minor receiving compensation for personally rendered sexual conduct, he or she accepts or receives money or other property pursuant to an agreement or understanding with any person whereby he or she participates or will participate in the proceeds of commercial sexual abuse of a minor.
(c) A person “advances a sexually explicit act of a minor” if he or she causes or aids a sexually explicit act of a minor, procures or solicits customers for a sexually explicit act of a minor, provides persons or premises for the purposes of a sexually explicit act of a minor, or engages in any other conduct designed to institute, aid, cause, assist, or facilitate a sexually explicit act of a minor.
(d) A “sexually explicit act” is a public, private, or live photographed, recorded, or videotaped act or show intended to arouse or satisfy the sexual desires or appeal to the prurient interests of patrons and for which something of value is given or received.
(e) A “patron” is a person who pays or agrees to pay a fee to another person as compensation for a sexually explicit act of a minor or who solicits or requests a sexually explicit act of a minor in return for a fee.
(4) For purposes of this section, “sexual conduct” means sexual intercourse or sexual contact, both as defined in chapter 9A.44 RCW.
CREDIT(S)
[2012 c 144 § 1, eff. June 7, 2012; 2010 c 289 § 14, eff. June 10, 2010; 2007 c 368 § 4, eff. July 22, 2007.]
<(Formerly: Child Pornography)>
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.68A.102
Effective: July 22, 2007
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.68A. Sexual Exploitation of Children (Refs & Annos)
9.68A.102. Promoting travel for commercial sexual abuse of a minor--Penalty
(1) A person commits the offense of promoting travel for commercial sexual abuse of a minor if he or she knowingly sells or offers to sell travel services that include or facilitate travel for the purpose of engaging in what would be commercial sexual abuse of a minor or promoting commercial sexual abuse of a minor, if occurring in this state.
(2) Promoting travel for commercial sexual abuse of a minor is a class C felony.
(3) For purposes of this section, “travel services” has the same meaning as defined in RCW 19.138.021.
CREDIT(S)
[2007 c 368 § 5, eff. July 22, 2007.]
<(Formerly: Child Pornography)>
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.68A.103
Effective: July 22, 2007
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.68A. Sexual Exploitation of Children (Refs & Annos)
9.68A.103. Permitting commercial sexual abuse of a minor--Penalty
(1) A person is guilty of permitting commercial sexual abuse of a minor if, having possession or control of premises which he or she knows are being used for the purpose of commercial sexual abuse of a minor, he or she fails without lawful excuse to make reasonable effort to halt or abate such use and to make a reasonable effort to notify law enforcement of such use.
(2) Permitting commercial sexual abuse of a minor is a gross misdemeanor.
CREDIT(S)
[2007 c 368 § 7, eff. July 22, 2007.]
<(Formerly: Child Pornography)>
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.68A.104
Effective: June 7, 2012
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.68A. Sexual Exploitation of Children (Refs & Annos)
9.68A.104. Advertising commercial sexual abuse of a minor--Penalty
(1) A person commits the offense of advertising commercial sexual abuse of a minor if he or she knowingly publishes, disseminates, or displays, or causes directly or indirectly, to be published, disseminated, or displayed, any advertisement for a commercial sex act, which is to take place in the state of Washington and that includes the depiction of a minor.
(a) “Advertisement for a commercial sex act” means any advertisement or offer in electronic or print media, which includes either an explicit or implicit offer for a commercial sex act to occur in Washington.
(b) “Commercial sex act” means any act of sexual contact or sexual intercourse, both as defined in chapter 9A.44 RCW, for which something of value is given or received by any person.
(c) “Depiction” as used in this section means any photograph or visual or printed matter as defined in RCW 9.68A.011 (2) and (3).
(2) In a prosecution under this statute it is not a defense that the defendant did not know the age of the minor depicted in the advertisement. It is a defense, which the defendant must prove by a preponderance of the evidence, that the defendant made a reasonable bona fide attempt to ascertain the true age of the minor depicted in the advertisement by requiring, prior to publication, dissemination, or display of the advertisement, production of a driver's license, marriage license, birth certificate, or other governmental or educational identification card or paper of the minor depicted in the advertisement and did not rely solely on oral or written representations of the minor's age, or the apparent age of the minor as depicted. In order to invoke the defense, the defendant must produce for inspection by law enforcement a record of the identification used to verify the age of the person depicted in the advertisement.
(3) Advertising commercial sexual abuse of a minor is a class C felony.
CREDIT(S)
[2012 c 138 § 2, eff. June 7, 2012.]
<(Formerly: Child Pornography)>
VALIDITY
<On July 27, 2012, in the United States District Court, W.D. Washington, a preliminary injunction was issued enjoining enforcement of S.B. 6251 (this section). A temporary restraining order had previously been issued which also enjoined enforcement of S.B. 6251. See Backpage.com, LLC v. McKenna, 2012 WL 3064543. >
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.68A.105
Effective: June 7, 2012
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.68A. Sexual Exploitation of Children (Refs & Annos)
9.68A.105. Additional fee assessment
(1)(a) In addition to penalties set forth in RCW 9.68A.100, 9.68A.101, and 9.68A.102, a person who is either convicted or given a deferred sentence or a deferred prosecution or who has entered into a statutory or nonstatutory diversion agreement as a result of an arrest for violating RCW 9.68A.100, 9.68A.101, or 9.68A.102, or a comparable county or municipal ordinance shall be assessed a five thousand dollar fee.
(b) The court may not reduce, waive, or suspend payment of all or part of the fee assessed unless it finds, on the record, that the person does not have the ability to pay in which case it may reduce the fee by an amount up to two-thirds of the maximum allowable fee.
(c) When a minor has been adjudicated a juvenile offender or has entered into a statutory or nonstatutory diversion agreement for an offense which, if committed by an adult, would constitute a violation of RCW 9.68A.100, 9.68A.101, or 9.68A.102, or a comparable county or municipal ordinance, the court shall assess the fee under (a) of this subsection. The court may not reduce, waive, or suspend payment of all or part of the fee assessed unless it finds, on the record, that the minor does not have the ability to pay the fee in which case it may reduce the fee by an amount up to two-thirds of the maximum allowable fee.
(2) Fees assessed under this section shall be collected by the clerk of the court and remitted to the treasurer of the county where the offense occurred for deposit in the county general fund, except in cases in which the offense occurred in a city or town that provides for its own law enforcement, in which case these amounts shall be remitted to the treasurer of the city or town for deposit in the general fund of the city or town. Revenue from the fees must be used for local efforts to reduce the commercial sale of sex including, but not limited to, increasing enforcement of commercial sex laws.
(a) At least fifty percent of the revenue from fees imposed under this section must be spent on prevention, including education programs for offenders, such as john school, and rehabilitative services, such as mental health and substance abuse counseling, parenting skills, training, housing relief, education, vocational training, drop-in centers, and employment counseling.
(b) Revenues from these fees are not subject to the distribution requirements under RCW 3.50.100, 3.62.020, 3.62.040, 10.82.070, or 35.20.220.
(3) For the purposes of this section:
(a) “Statutory or nonstatutory diversion agreement” means an agreement under RCW 13.40.080 or any written agreement between a person accused of an offense listed in subsection (1) of this section and a court, county or city prosecutor, or designee thereof, whereby the person agrees to fulfill certain conditions in lieu of prosecution.
(b) “Deferred sentence” means a sentence that will not be carried out if the defendant meets certain requirements, such as complying with the conditions of probation.
CREDIT(S)
[2012 c 134 § 4, eff. June 7, 2012; 2010 c 289 § 15, eff. June 10, 2010; 2007 c 368 § 11, eff. July 22, 2007; 1995 c 353 § 12.]
<(Formerly: Child Pornography)>
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.68A.110
Effective: August 1, 2011
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.68A. Sexual Exploitation of Children (Refs & Annos)
9.68A.110. Certain defenses barred, permitted
(1) In a prosecution under RCW 9.68A.040, it is not a defense that the defendant was involved in activities of law enforcement and prosecution agencies in the investigation and prosecution of criminal offenses. Law enforcement and prosecution agencies shall not employ minors to aid in the investigation of a violation of RCW 9.68A.090 or 9.68A.100 through 9.68A.102, except for the purpose of facilitating an investigation where the minor is also the alleged victim and the:
(a) Investigation is authorized pursuant to RCW 9.73.230(1)(b)(ii) or 9. 73.210(1)(b); or
(b) Minor's aid in the investigation involves only telephone or electronic communication with the defendant.
(2) In a prosecution under RCW 9.68A.050, 9.68A.060, 9.68A.070, or 9.68A.080, it is not a defense that the defendant did not know the age of the child depicted in the visual or printed matter. It is a defense, which the defendant must prove by a preponderance of the evidence, that at the time of the offense the defendant was not in possession of any facts on the basis of which he or she should reasonably have known that the person depicted was a minor.
(3) In a prosecution under RCW 9.68A.040, 9.68A.090, 9.68A.100, 9.68A.101, or 9.68A.102, it is not a defense that the defendant did not know the alleged victim's age. It is a defense, which the defendant must prove by a preponderance of the evidence, that at the time of the offense, the defendant made a reasonable bona fide attempt to ascertain the true age of the minor by requiring production of a driver's license, marriage license, birth certificate, or other governmental or educational identification card or paper and did not rely solely on the oral allegations or apparent age of the minor.
(4) In a prosecution under RCW 9.68A.050, 9.68A.060, 9.68A.070, or 9.68A.075, it shall be an affirmative defense that the defendant was a law enforcement officer or a person specifically authorized, in writing, to assist a law enforcement officer and acting at the direction of a law enforcement officer in the process of conducting an official investigation of a sex-related crime against a minor, or that the defendant was providing individual case treatment as a recognized medical facility or as a psychiatrist or psychologist licensed under Title 18 RCW. Nothing in chapter 227, Laws of 2010 is intended to in any way affect or diminish the immunity afforded an electronic communication service provider, remote computing service provider, or domain name registrar acting in the performance of its reporting or preservation responsibilities under 18 U.S.C. Secs. 2258a, 2258b, or 2258c.
(5) In a prosecution under RCW 9.68A.050, 9.68A.060, 9.68A.070, or 9.68A.075, the state is not required to establish the identity of the alleged victim.
(6) In a prosecution under RCW 9.68A.070 or 9.68A.075, it shall be an affirmative defense that:
(a) The defendant was employed at or conducting research in partnership or in cooperation with any institution of higher education as defined in RCW 28B.07.020 or 28B.10.016, and:
(i) He or she was engaged in a research activity;
(ii) The research activity was specifically approved prior to the possession or viewing activity being conducted in writing by a person, or other such entity vested with the authority to grant such approval by the institution of higher education; and
(iii) Viewing or possessing the visual or printed matter is an essential component of the authorized research; or
(b) The defendant was an employee of the Washington state legislature engaged in research at the request of a member of the legislature and:
(i) The request for research is made prior to the possession or viewing activity being conducted in writing by a member of the legislature;
(ii) The research is directly related to a legislative activity; and
(iii) Viewing or possessing the visual or printed matter is an essential component of the requested research and legislative activity.
(7) Nothing in this section authorizes otherwise unlawful viewing or possession of visual or printed matter depicting a minor engaged in sexually explicit conduct.
CREDIT(S)
[2011 c 241 § 4, eff. Aug. 1, 2011. Prior: 2010 c 289 § 17, eff. June 10, 2010; 2010 c 227 § 8, eff. June 10, 2010; 2007 c 368 § 3, eff. July 22, 2007; 1992 c 178 § 1; 1989 c 32 § 9; 1986 c 319 § 3; 1984 c 262 § 10.]
<(Formerly: Child Pornography)>
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.68A.120
Effective: July 1, 2009
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.68A. Sexual Exploitation of Children (Refs & Annos)
9.68A.120. Seizure and forfeiture of property
The following are subject to seizure and forfeiture:
(1) All visual or printed matter that depicts a minor engaged in sexually explicit conduct.
(2) All raw materials, equipment, and other tangible personal property of any kind used or intended to be used to manufacture or process any visual or printed matter that depicts a minor engaged in sexually explicit conduct, and all conveyances, including aircraft, vehicles, or vessels that are used or intended for use to transport, or in any manner to facilitate the transportation of, visual or printed matter in violation of RCW 9.68A.050 or 9.68A.060, but:
(a) No conveyance used by any person as a common carrier in the transaction of business as a common carrier is subject to forfeiture under this section unless it appears that the owner or other person in charge of the conveyance is a consenting party or privy to a violation of this chapter;
(b) No property is subject to forfeiture under this section by reason of any act or omission established by the owner of the property to have been committed or omitted without the owner's knowledge or consent;
(c) A forfeiture of property encumbered by a bona fide security interest is subject to the interest of the secured party if the secured party neither had knowledge of nor consented to the act or omission; and
(d) When the owner of a conveyance has been arrested under this chapter the conveyance may not be subject to forfeiture unless it is seized or process is issued for its seizure within ten days of the owner's arrest.
(3) All personal property, moneys, negotiable instruments, securities, or other tangible or intangible property furnished or intended to be furnished by any person in exchange for visual or printed matter depicting a minor engaged in sexually explicit conduct, or constituting proceeds traceable to any violation of this chapter.
(4) Property subject to forfeiture under this chapter may be seized by any law enforcement officer of this state upon process issued by any superior court having jurisdiction over the property. Seizure without process may be made if:
(a) The seizure is incident to an arrest or a search under a search warrant or an inspection under an administrative inspection warrant;
(b) The property subject to seizure has been the subject of a prior judgment in favor of the state in a criminal injunction or forfeiture proceeding based upon this chapter;
(c) A law enforcement officer has probable cause to believe that the property is directly or indirectly dangerous to health or safety; or
(d) The law enforcement officer has probable cause to believe that the property was used or is intended to be used in violation of this chapter.
(5) In the event of seizure under subsection (4) of this section, proceedings for forfeiture shall be deemed commenced by the seizure. The law enforcement agency under whose authority the seizure was made shall cause notice to be served within fifteen days following the seizure on the owner of the property seized and the person in charge thereof and any person having any known right or interest therein, of the seizure and intended forfeiture of the seized property. The notice may be served by any method authorized by law or court rule including but not limited to service by certified mail with return receipt requested. Service by mail shall be deemed complete upon mailing within the fifteen day period following the seizure.
(6) If no person notifies the seizing law enforcement agency in writing of the person's claim of ownership or right to possession of seized items within forty-five days of the seizure, the item seized shall be deemed forfeited.
(7) If any person notifies the seizing law enforcement agency in writing of the person's claim of ownership or right to possession of seized items within forty-five days of the seizure, the person or persons shall be afforded a reasonable opportunity to be heard as to the claim or right. The hearing shall be before an administrative law judge appointed under chapter 34.12 RCW, except that any person asserting a claim or right may remove the matter to a court of competent jurisdiction if the aggregate value of the article or articles involved is more than five hundred dollars. The hearing before an administrative law judge and any appeal therefrom shall be under Title 34 RCW. In a court hearing between two or more claimants to the article or articles involved, the prevailing party shall be entitled to a judgment for costs and reasonable attorney's fees. The burden of producing evidence shall be upon the person claiming to be the lawful owner or the person claiming to have the lawful right to possession of the seized items. The seizing law enforcement agency shall promptly return the article or articles to the claimant upon a determination by the administrative law judge or court that the claimant is lawfully entitled to possession thereof of the seized items.
(8) If property is sought to be forfeited on the ground that it constitutes proceeds traceable to a violation of this chapter, the seizing law enforcement agency must prove by a preponderance of the evidence that the property constitutes proceeds traceable to a violation of this chapter.
(9) When property is forfeited under this chapter the seizing law enforcement agency may:
(a) Retain it for official use or upon application by any law enforcement agency of this state release the property to that agency for the exclusive use of enforcing this chapter;
(b) Sell that which is not required to be destroyed by law and which is not harmful to the public. The proceeds and all moneys forfeited under this chapter shall be used for payment of all proper expenses of the investigation leading to the seizure, including any money delivered to the subject of the investigation by the law enforcement agency, and of the proceedings for forfeiture and sale, including expenses of seizure, maintenance of custody, advertising, actual costs of the prosecuting or city attorney, and court costs. Fifty percent of the money remaining after payment of these expenses shall be deposited in the state general fund and fifty percent shall be deposited in the general fund of the state, county, or city of the seizing law enforcement agency; or
(c) Request the appropriate sheriff or director of public safety to take custody of the property and remove it for disposition in accordance with law.
CREDIT(S)
[2009 c 479 § 12, eff. July 1, 2009; 1999 c 143 § 8; 1984 c 262 § 11.]
<(Formerly: Child Pornography)>
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.68A.130
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.68A. Sexual Exploitation of Children (Refs & Annos)
9.68A.130. Recovery of costs of suit by minor
A minor prevailing in a civil action arising from violation of this chapter is entitled to recover the costs of the suit, including an award of reasonable attorneys' fees.
CREDIT(S)
[1984 c 262 § 12.]
<(Formerly: Child Pornography)>
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.68A.140
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.68A. Sexual Exploitation of Children (Refs & Annos)
9.68A.140. Repealed by Laws 2003, ch. 53, § 421, eff. July 1, 2004
<(Formerly: Child Pornography)>
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.68A.150
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.68A. Sexual Exploitation of Children (Refs & Annos)
9.68A.150. Allowing minor on premises of live erotic performance--Definitions--Penalty
(1) No person may knowingly allow a minor to be on the premises of a commercial establishment open to the public if there is a live performance containing matter which is erotic material.
(2) Any person who is convicted of violating this section is guilty of a gross misdemeanor.
(3) For the purposes of this section:
(a) “Minor” means any person under the age of eighteen years.
(b) “Erotic materials” means live performance:
(i) Which the average person, applying contemporary community standards, would find, when considered as a whole, appeals to the prurient interest of minors; and
(ii) Which explicitly depicts or describes patently offensive representations or descriptions of sexually explicit conduct as defined in RCW 9.68A.011; and
(iii) Which, when considered as a whole, and in the context in which it is used, lacks serious literary, artistic, political, or scientific value for minors.
(c) “Live performance” means any play, show, skit, dance, or other exhibition performed or presented to, or before an audience of one or more, with or without consideration.
(d) “Person” means any individual, partnership, firm, association, corporation, or other legal entity.
CREDIT(S)
[2003 c 53 § 43, eff. July 1, 2004; 1987 c 396 § 2.]
<(Formerly: Child Pornography)>
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.68A.160
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.68A. Sexual Exploitation of Children (Refs & Annos)
9.68A.160. Repealed by Laws 2003, ch. 53, § 421, eff. July 1, 2004
<(Formerly: Child Pornography)>
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.68A.170
Effective: June 7, 2012
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.68A. Sexual Exploitation of Children (Refs & Annos)
9.68A.170. Criminal proceedings--Depictions of minors engaged in sexually explicit conduct--Restrictions on access
(1) In any criminal proceeding, any property or material that constitutes a depiction of a minor engaged in sexually explicit conduct shall remain in the care, custody, and control of either a law enforcement agency or the court.
(2) Despite any request by the defendant or prosecution, any property or material that constitutes a depiction of a minor engaged in sexually explicit conduct shall not be copied, photographed, duplicated, or otherwise reproduced, so long as the property or material is made reasonably available to the parties. Such property or material shall be deemed to be reasonably available to the parties if the prosecution, defense counsel, or any individual sought to be qualified to furnish expert testimony at trial has ample opportunity for inspection, viewing, and examination of the property or material at a law enforcement facility or a neutral facility approved by the court upon petition by the defense.
(3) The defendant may view and examine the property and materials only while in the presence of his or her attorney. If the defendant is proceeding pro se, the court will appoint an individual to supervise the defendant while he or she examines the materials.
(4) The court may direct that a mirror image of a computer hard drive containing such depictions be produced for use by an expert only upon a showing that an expert has been retained and is prepared to conduct a forensic examination while the mirror imaged hard drive remains in the care, custody, and control of a law enforcement agency or the court. Upon a substantial showing that the expert's analysis cannot be accomplished while the mirror imaged hard drive is kept within the care, custody, and control of a law enforcement agency or the court, the court may order its release to the expert for analysis for a limited time. If release is granted, the court shall issue a protective order setting forth such terms and conditions as are necessary to protect the rights of the victims, to document the chain of custody, and to protect physical evidence.
CREDIT(S)
[2012 c 135 § 2, eff. June 7, 2012.]
<(Formerly: Child Pornography)>
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.68A.180
Effective: June 7, 2012
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.68A. Sexual Exploitation of Children (Refs & Annos)
9.68A.180. Criminal proceedings--Depictions of minors engaged in sexually explicit conduct--Sealing, storage, destruction of exhibits
(1) Whenever a depiction of a minor engaged in sexually explicit conduct, regardless of its format, is marked as an exhibit in a criminal proceeding, the prosecutor shall seek an order sealing the exhibit at the close of the trial. Any exhibits sealed under this section shall be sealed with evidence tape in a manner that prevents access to, or viewing of, the depiction of a minor engaged in sexually explicit conduct and shall be labeled so as to identify its contents. Anyone seeking to view such an exhibit must obtain permission from the superior court after providing at least ten days notice to the prosecuting attorney. Appellate attorneys for the defendant and the state shall be given access to the exhibit, which must remain in the care and custody of either a law enforcement agency or the court. Any other person moving to view such an exhibit must demonstrate to the court that his or her reason for viewing the exhibit is of sufficient importance to justify another violation of the victim's privacy.
(2) Whenever the clerk of the court receives an exhibit of a depiction of a minor engaged in sexually explicit conduct, he or she shall store the exhibit in a secure location, such as a safe. The clerk may arrange for the transfer of such exhibits to a law enforcement agency evidence room for safekeeping provided the agency agrees not to destroy or dispose of the exhibits without an order of the court.
(3) If the criminal proceeding ends in a conviction, the clerk of the court shall destroy any exhibit containing a depiction of a minor engaged in sexually explicit conduct five years after the judgment is final, as determined by the provisions of RCW 10.73.090(3). Before any destruction, the clerk shall contact the prosecuting attorney and verify that there is no collateral attack on the judgment pending in any court. If the criminal proceeding ends in a mistrial, the clerk shall either maintain the exhibit or return it to the law enforcement agency that investigated the criminal charges for safekeeping until the matter is set for retrial. If the criminal proceeding ends in an acquittal, the clerk shall return the exhibit to the law enforcement agency that investigated the criminal charges for either safekeeping or destruction.
CREDIT(S)
[2012 c 135 § 3, eff. June 7, 2012.]
<(Formerly: Child Pornography)>
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.68A.190
Effective: June 7, 2012
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.68A. Sexual Exploitation of Children (Refs & Annos)
9.68A.190. Criminal proceedings--Depictions of minors engaged in sexually explicit conduct--Depictions distributed to defense counsel or expert witnesses prior to June 7, 2012--Distribution of depictions under color of law not a defense
Any depiction of a minor engaged in sexually explicit conduct, in any format, distributed as discovery to defense counsel or an expert witness prior to June 7, 2012, shall either be returned to the law enforcement agency that investigated the criminal charges or destroyed, if the case is no longer pending in superior court. If the case is still pending, the depiction shall be returned to the superior court judge assigned to the case or the presiding judge. The court shall order either the destruction of the depiction or the safekeeping of the depiction if it will be used at trial.
It is not a defense to violations of this chapter for crimes committed after December 31, 2012, that the initial receipt of the depictions was done under the color of law through the discovery process.
CREDIT(S)
[2012 c 135 § 4, eff. June 7, 2012.]
<(Formerly: Child Pornography)>
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.68A.900
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.68A. Sexual Exploitation of Children (Refs & Annos)
9.68A.900. Repealed by Laws 1984, ch. 262, § 13
<(Formerly: Child Pornography)>
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.68A.910
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.68A. Sexual Exploitation of Children (Refs & Annos)
9.68A.910. Severability--1984 c 262
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.
CREDIT(S)
[1984 c 262 § 15.]
<(Formerly: Child Pornography)>
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.68A.911
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.68A. Sexual Exploitation of Children (Refs & Annos)
9.68A.911. Severability--1989 c 32
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.
CREDIT(S)
[1989 c 32 § 10.]
<(Formerly: Child Pornography)>
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.68A.912
Effective: July 26, 2009
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.68A. Sexual Exploitation of Children (Refs & Annos)
9.68A.912. Construction--Chapter applicable to state registered domestic partnerships--2009 c 521
For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered domestic partnerships that have been terminated, dissolved, or invalidated, to the extent that such interpretation does not conflict with federal law. Where necessary to implement chapter 521, Laws of 2009, gender-specific terms such as husband and wife used in any statute, rule, or other law shall be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships.
CREDIT(S)
[2009 c 521 § 20, eff. July 26, 2009.]
<(Formerly: Child Pornography)>
Current with 2013 Legislation effective through June 7, 2013
West's RCWA T. 9, Ch. 9.69, Refs & Annos
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments
Chapter 9.69. Duty of Witnesses
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.69.010
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.69. Duty of Witnesses (Refs & Annos)
9.69.010 to 9.69.090. Repealed by Laws 1975, 1st Ex.Sess., ch. 260, § 9A.92.010, eff. July 1, 1976
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.69.090
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.69. Duty of Witnesses (Refs & Annos)
9.69.010 to 9.69.090. Repealed by Laws 1975, 1st Ex.Sess., ch. 260, § 9A.92.010, eff. July 1, 1976
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.69.100
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.69. Duty of Witnesses (Refs & Annos)
9.69.100. Duty of witness of offense against child or any violent offense--Penalty
(1) A person who witnesses the actual commission of:
(a) A violent offense as defined in RCW 9.94A.030 or preparations for the commission of such an offense;
(b) A sexual offense against a child or an attempt to commit such a sexual offense; or
(c) An assault of a child that appears reasonably likely to cause substantial bodily harm to the child,
shall as soon as reasonably possible notify the prosecuting attorney, law enforcement, medical assistance, or other public officials.
(2) This section shall not be construed to affect privileged relationships as provided by law.
(3) The duty to notify a person or agency under this section is met if a person notifies or attempts to provide such notice by telephone or any other means as soon as reasonably possible.
(4) Failure to report as required by subsection (1) of this section is a gross misdemeanor. However, a person is not required to report under this section where that person has a reasonable belief that making such a report would place that person or another family or household member in danger of immediate physical harm.
CREDIT(S)
[1987 c 503 § 18; 1985 c 443 § 21; 1970 ex.s. c 49 § 8.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA T. 9, Ch. 9.72, Refs & Annos
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments
Chapter 9.72. Perjury
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.72.010
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.72. Perjury (Refs & Annos)
9.72.010 to 9.72.080. Repealed by Laws 1975, 1st Ex.Sess., ch. 260, § 9A.92.010, eff. July 1, 1976
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.72.080
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.72. Perjury (Refs & Annos)
9.72.010 to 9.72.080. Repealed by Laws 1975, 1st Ex.Sess., ch. 260, § 9A.92.010, eff. July 1, 1976
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.72.090
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.72. Perjury (Refs & Annos)
9.72.090. Committal of witness--Detention of documents
Whenever it shall appear probable to a judge, magistrate, or other officer lawfully authorized to conduct any hearing, proceeding or investigation, that a person who has testified before such judge, magistrate, or officer has committed perjury in any testimony so given, or offered any false evidence, he or she may, by order or process for that purpose, immediately commit such person to jail or take a recognizance for such person's appearance to answer such charge. In such case such judge, magistrate, or officer may detain any book, paper, document, record or other instrument produced before him or her or direct it to be delivered to the prosecuting attorney.
CREDIT(S)
[1987 c 202 § 141; 1909 c 249 § 107; RRS § 2359.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.72.100
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.72. Perjury (Refs & Annos)
9.72.100, 9.72.110. Repealed by Laws 1975, 1st Ex.Sess., ch. 260, § 9A.92.010, eff. July 1, 1976
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.72.110
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.72. Perjury (Refs & Annos)
9.72.100, 9.72.110. Repealed by Laws 1975, 1st Ex.Sess., ch. 260, § 9A.92.010, eff. July 1, 1976
Current with 2013 Legislation effective through June 7, 2013
West's RCWA T. 9, Ch. 9.73, Refs & Annos
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments
Chapter 9.73. Privacy, Violating Right of
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.73.010
Effective: July 22, 2011
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.73. Privacy, Violating Right of (Refs & Annos)
9.73.010. Divulging telegram
Every person who shall wrongfully obtain or attempt to obtain, any knowledge of a telegraphic message, by connivance with the clerk, operator, messenger, or other employee of a telegraph company, and every clerk, operator, messenger, or other employee of such company who shall willfully divulge to any but the person for whom it was intended, any telegraphic message or dispatch intrusted to him or her for transmission or delivery, or the nature or contents thereof, or shall willfully refuse, neglect, or delay duly to transmit or deliver the same, shall be guilty of a misdemeanor.
CREDIT(S)
[2011 c 336 § 323, eff. July 22, 2011; 1909 c 249 § 410; Code 1881 § 2342; RRS § 2662.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.73.020
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.73. Privacy, Violating Right of (Refs & Annos)
9.73.020. Opening sealed letter
Every person who shall wilfully open or read, or cause to be opened or read, any sealed message, letter or telegram intended for another person, or publish the whole or any portion of such a message, letter or telegram, knowing it to have been opened or read without authority, shall be guilty of a misdemeanor.
CREDIT(S)
[1909 c 249 § 411; RRS § 2663.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.73.030
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.73. Privacy, Violating Right of (Refs & Annos)
9.73.030. Intercepting, recording, or divulging private communication--Consent required--Exceptions
(1) Except as otherwise provided in this chapter, it shall be unlawful for any individual, partnership, corporation, association, or the state of Washington, its agencies, and political subdivisions to intercept, or record any:
(a)
Private communication transmitted by telephone, telegraph, radio, or other
device between two or more individuals between points within or without the
state by any device electronic or otherwise designed to record and/
(b) Private conversation, by any device electronic or otherwise designed to record or transmit such conversation regardless how the device is powered or actuated without first obtaining the consent of all the persons engaged in the conversation.
(2) Notwithstanding subsection (1) of this section, wire communications or conversations (a) of an emergency nature, such as the reporting of a fire, medical emergency, crime, or disaster, or (b) which convey threats of extortion, blackmail, bodily harm, or other unlawful requests or demands, or (c) which occur anonymously or repeatedly or at an extremely inconvenient hour, or (d) which relate to communications by a hostage holder or barricaded person as defined in RCW 70.85.100, whether or not conversation ensues, may be recorded with the consent of one party to the conversation.
(3) Where consent by all parties is needed pursuant to this chapter, consent shall be considered obtained whenever one party has announced to all other parties engaged in the communication or conversation, in any reasonably effective manner, that such communication or conversation is about to be recorded or transmitted: PROVIDED, That if the conversation is to be recorded that said announcement shall also be recorded.
(4) An employee of any regularly published newspaper, magazine, wire service, radio station, or television station acting in the course of bona fide news gathering duties on a full-time or contractual or part-time basis, shall be deemed to have consent to record and divulge communications or conversations otherwise prohibited by this chapter if the consent is expressly given or if the recording or transmitting device is readily apparent or obvious to the speakers. Withdrawal of the consent after the communication has been made shall not prohibit any such employee of a newspaper, magazine, wire service, or radio or television station from divulging the communication or conversation.
CREDIT(S)
[1986 c 38 § 1; 1985 c 260 § 2; 1977 ex.s. c 363 § 1; 1967 ex.s. c 93 § 1.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.73.040
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.73. Privacy, Violating Right of (Refs & Annos)
9.73.040. Intercepting private communication--Court order permitting interception--Grounds for issuance--Duration--Renewal
(1) An ex parte order for the interception of any communication or conversation listed in RCW 9.73.030 may be issued by any superior court judge in the state upon verified application of either the state attorney general or any county prosecuting attorney setting forth fully facts and circumstances upon which the application is based and stating that:
(a) There are reasonable grounds to believe that national security is endangered, that a human life is in danger, that arson is about to be committed, or that a riot is about to be committed, and
(b) There are reasonable grounds to believe that evidence will be obtained essential to the protection of national security, the preservation of human life, or the prevention of arson or a riot, and
(c) There are no other means readily available for obtaining such information.
(2) Where statements are solely upon the information and belief of the applicant, the grounds for the belief must be given.
(3) The applicant must state whether any prior application has been made to obtain such communications on the same instrument or for the same person and if such prior application exists the applicant shall disclose the current status thereof.
(4) The application and any order issued under RCW 9.73.030 through 9.73.080 shall identify as fully as possible the particular equipment, lines or location from which the information is to be obtained and the purpose thereof.
(5) The court may examine upon oath or affirmation the applicant and any witness the applicant desires to produce or the court requires to be produced.
(6) Orders issued under this section shall be effective for fifteen days, after which period the court which issued the order may upon application of the officer who secured the original order renew or continue the order for an additional period not to exceed fifteen days.
(7) No order issued under this section shall authorize or purport to authorize any activity which would violate any laws of the United States.
CREDIT(S)
[1967 ex.s. c 93 § 2.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.73.050
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.73. Privacy, Violating Right of (Refs & Annos)
9.73.050. Admissibility of intercepted communication in evidence
Any information obtained in violation of RCW 9.73.030 or pursuant to any order issued under the provisions of RCW 9.73.040 shall be inadmissible in any civil or criminal case in all courts of general or limited jurisdiction in this state, except with the permission of the person whose rights have been violated in an action brought for damages under the provisions of RCW 9.73.030 through 9.73.080, or in a criminal action in which the defendant is charged with a crime, the commission of which would jeopardize national security.
CREDIT(S)
[1967 ex.s. c 93 § 3.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.73.060
Effective: July 22, 2011
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.73. Privacy, Violating Right of (Refs & Annos)
9.73.060. Violating right of privacy--Civil action--Liability for damages
Any person who, directly or by means of a detective agency or any other agent, violates the provisions of this chapter shall be subject to legal action for damages, to be brought by any other person claiming that a violation of this statute has injured his or her business, his or her person, or his or her reputation. A person so injured shall be entitled to actual damages, including mental pain and suffering endured by him or her on account of violation of the provisions of this chapter, or liquidated damages computed at the rate of one hundred dollars a day for each day of violation, not to exceed one thousand dollars, and a reasonable attorney's fee and other costs of litigation.
CREDIT(S)
[2011 c 336 § 324, eff. July 22, 2011; 1977 ex.s. c 363 § 2; 1967 ex.s. c 93 § 4.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.73.070
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.73. Privacy, Violating Right of (Refs & Annos)
9.73.070. Persons and activities excepted from chapter
(1) The provisions of this chapter shall not apply to any activity in connection with services provided by a common carrier pursuant to its tariffs on file with the Washington utilities and transportation commission or the Federal Communication Commission and any activity of any officer, agent or employee of a common carrier who performs any act otherwise prohibited by this law in the construction, maintenance, repair and operations of the common carrier's communications services, facilities, or equipment or incident to the use of such services, facilities or equipment. Common carrier as used in this section means any person engaged as a common carrier or public service company for hire in intrastate, interstate or foreign communication by wire or radio or in intrastate, interstate or foreign radio transmission of energy.
(2) The provisions of this chapter shall not apply to:
(a) Any common carrier automatic number, caller, or location identification service that has been approved by the Washington utilities and transportation commission; or
(b) A 911 or enhanced 911 emergency service as defined in RCW 82.14B.020, for purposes of aiding public health or public safety agencies to respond to calls placed for emergency assistance.
CREDIT(S)
[1994 c 49 § 1. Prior: 1991 c 329 § 8; 1991 c 312 § 1; 1967 ex.s. c 93 § 5.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.73.080
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.73. Privacy, Violating Right of (Refs & Annos)
9.73.080. Penalties
(1) Except as otherwise provided in this chapter, any person who violates RCW 9.73.030 is guilty of a gross misdemeanor.
(2) Any person who knowingly alters, erases, or wrongfully discloses any recording in violation of RCW 9.73.090(1)(c) is guilty of a gross misdemeanor.
CREDIT(S)
[2000 c 195 § 3; 1989 c 271 § 209; 1967 ex.s. c 93 § 6.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.73.090
Effective: July 22, 2011
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.73. Privacy, Violating Right of (Refs & Annos)
9.73.090. Certain emergency response personnel exempted from RCW 9.73.030 through 9.73.080--Standards--Court authorizations--Admissibility
(1) The provisions of RCW 9.73.030 through 9.73.080 shall not apply to police, fire, emergency medical service, emergency communication center, and poison center personnel in the following instances:
(a) Recording incoming telephone calls to police and fire stations, licensed emergency medical service providers, emergency communication centers, and poison centers;
(b)
Video and/
(i) The arrested person shall be informed that such recording is being made and the statement so informing him or her shall be included in the recording;
(ii) The recording shall commence with an indication of the time of the beginning thereof and terminate with an indication of the time thereof;
(iii) At the commencement of the recording the arrested person shall be fully informed of his or her constitutional rights, and such statements informing him or her shall be included in the recording;
(iv) The recordings shall only be used for valid police or court activities;
(c) Sound recordings that correspond to video images recorded by video cameras mounted in law enforcement vehicles. All law enforcement officers wearing a sound recording device that makes recordings corresponding to videos recorded by video cameras mounted in law enforcement vehicles must be in uniform. A sound recording device that makes a recording pursuant to this subsection (1)(c) must be operated simultaneously with the video camera when the operating system has been activated for an event. No sound recording device may be intentionally turned off by the law enforcement officer during the recording of an event. Once the event has been captured, the officer may turn off the audio recording and place the system back into “pre-event” mode.
No sound or video recording made under this subsection (1)(c) may be duplicated and made available to the public by a law enforcement agency subject to this section until final disposition of any criminal or civil litigation which arises from the event or events which were recorded. Such sound recordings shall not be divulged or used by any law enforcement agency for any commercial purpose.
A law enforcement officer shall inform any person being recorded by sound under this subsection (1)(c) that a sound recording is being made and the statement so informing the person shall be included in the sound recording, except that the law enforcement officer is not required to inform the person being recorded if the person is being recorded under exigent circumstances. A law enforcement officer is not required to inform a person being recorded by video under this subsection (1)(c) that the person is being recorded by video.
(2) It shall not be unlawful for a law enforcement officer acting in the performance of the officer's official duties to intercept, record, or disclose an oral communication or conversation where the officer is a party to the communication or conversation or one of the parties to the communication or conversation has given prior consent to the interception, recording, or disclosure: PROVIDED, That prior to the interception, transmission, or recording the officer shall obtain written or telephonic authorization from a judge or magistrate, who shall approve the interception, recording, or disclosure of communications or conversations with a nonconsenting party for a reasonable and specified period of time, if there is probable cause to believe that the nonconsenting party has committed, is engaged in, or is about to commit a felony: PROVIDED HOWEVER, That if such authorization is given by telephone the authorization and officer's statement justifying such authorization must be electronically recorded by the judge or magistrate on a recording device in the custody of the judge or magistrate at the time transmitted and the recording shall be retained in the court records and reduced to writing as soon as possible thereafter.
Any recording or interception of a communication or conversation incident to a lawfully recorded or intercepted communication or conversation pursuant to this subsection shall be lawful and may be divulged.
All recordings of communications or conversations made pursuant to this subsection shall be retained for as long as any crime may be charged based on the events or communications or conversations recorded.
(3) Communications or conversations authorized to be intercepted, recorded, or disclosed by this section shall not be inadmissible under RCW 9. 73.050.
(4) Authorizations issued under subsection (2) of this section shall be effective for not more than seven days, after which period the issuing authority may renew or continue the authorization for additional periods not to exceed seven days.
(5) If the judge or magistrate determines that there is probable cause to believe that the communication or conversation concerns the unlawful manufacture, delivery, sale, or possession with intent to manufacture, deliver, or sell, controlled substances as defined in chapter 69.50 RCW, or legend drugs as defined in chapter 69.41 RCW, or imitation controlled substances as defined in chapter 69.52 RCW, the judge or magistrate may authorize the interception, transmission, recording, or disclosure of communications or conversations under subsection (2) of this section even though the true name of the nonconsenting party, or the particular time and place for the interception, transmission, recording, or disclosure, is not known at the time of the request, if the authorization describes the nonconsenting party and subject matter of the communication or conversation with reasonable certainty under the circumstances. Any such communication or conversation may be intercepted, transmitted, recorded, or disclosed as authorized notwithstanding a change in the time or location of the communication or conversation after the authorization has been obtained or the presence of or participation in the communication or conversation by any additional party not named in the authorization.
Authorizations issued under this subsection shall be effective for not more than fourteen days, after which period the issuing authority may renew or continue the authorization for an additional period not to exceed fourteen days.
CREDIT(S)
[2011 c 336 § 325, eff. July 22, 2011; 2006 c 38 § 1, eff. June 7, 2006; 2000 c 195 § 2; 1989 c 271 § 205; 1986 c 38 § 2; 1977 ex.s. c 363 § 3; 1970 ex.s. c 48 § 1.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.73.095
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.73. Privacy, Violating Right of (Refs & Annos)
9.73.095. Intercepting, recording, or divulging offender conversations--Conditions--Notice
(1) RCW 9.73.030 through 9.73.080 and 9.73.260 shall not apply to employees of the department of corrections in the following instances: Intercepting, recording, or divulging any telephone calls from an offender or resident of a state correctional facility; or intercepting, recording, or divulging any monitored nontelephonic conversations in offender living units, cells, rooms, dormitories, and common spaces where offenders may be present. For the purposes of this section, “state correctional facility” means a facility that is under the control and authority of the department of corrections, and used for the incarceration, treatment, or rehabilitation of convicted felons.
(2)(a) All personal calls made by offenders shall be made using a calling system approved by the secretary of corrections which is at least as secure as the system it replaces. In approving one or more calling systems, the secretary of corrections shall consider the safety of the public, the ability to reduce telephone fraud, and the ability of offender families to select a low-cost option.
(b) The calls shall be “operator announcement” type calls. The operator shall notify the receiver of the call that the call is coming from a prison offender, and that it will be recorded and may be monitored.
(3) The department of corrections shall adhere to the following procedures and restrictions when intercepting, recording, or divulging any telephone calls from an offender or resident of a state correctional facility as provided for by this section. The department shall also adhere to the following procedures and restrictions when intercepting, recording, or divulging any monitored nontelephonic conversations in offender living units, cells, rooms, dormitories, and common spaces where offenders may be present:
(a) Unless otherwise provided for in this section, after intercepting or recording any conversation, only the superintendent and his or her designee shall have access to that recording.
(b) The contents of any intercepted and recorded conversation shall be divulged only as is necessary to safeguard the orderly operation of the correctional facility, in response to a court order, or in the prosecution or investigation of any crime.
(c) All conversations that are recorded under this section, unless being used in the ongoing investigation or prosecution of a crime, or as is necessary to assure the orderly operation of the correctional facility, shall be destroyed one year after the intercepting and recording.
(4) So as to safeguard the sanctity of the attorney-client privilege, the department of corrections shall not intercept, record, or divulge any conversation between an offender or resident and an attorney. The department shall develop policies and procedures to implement this section. The department's policies and procedures implemented under this section shall also recognize the privileged nature of confessions made by an offender to a member of the clergy or a priest in his or her professional character, in the course of discipline enjoined by the church to which he or she belongs as provided in RCW 5.60.060(3).
(5) The department shall notify in writing all offenders, residents, and personnel of state correctional facilities that their nontelephonic conversations may be intercepted, recorded, or divulged in accordance with the provisions of this section.
(6) The department shall notify all visitors to state correctional facilities who may enter offender living units, cells, rooms, dormitories, or common spaces where offenders may be present, that their conversations may intercepted, recorded, or divulged in accordance with the provisions of this section. The notice required under this subsection shall be accomplished through a means no less conspicuous than a general posting in a location likely to be seen by visitors entering the facility.
CREDIT(S)
[2004 c 13 § 2, eff. June 10, 2004; 1998 c 217 § 2; 1996 c 197 § 1; 1989 c 271 § 210.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.73.100
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.73. Privacy, Violating Right of (Refs & Annos)
9.73.100. Recordings available to defense counsel
Video
and/
CREDIT(S)
[1970 ex.s. c 48 § 2.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.73.110
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.73. Privacy, Violating Right of (Refs & Annos)
9.73.110. Intercepting, recording, or disclosing private communications--Not unlawful for building owner--Conditions
It shall not be unlawful for the owner or person entitled to use and possession of a building, as defined in RCW 9A.04.110(5), or the agent of such person, to intercept, record, or disclose communications or conversations which occur within such building if the persons engaged in such communication or conversation are engaged in a criminal act at the time of such communication or conversation by virtue of unlawful entry or remaining unlawfully in such building.
CREDIT(S)
[1977 ex.s. c 363 § 4.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.73.120
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.73. Privacy, Violating Right of (Refs & Annos)
9.73.120. Reports--Required, when, contents
(1) Within thirty days after the expiration of an authorization or an extension or renewal thereof issued pursuant to RCW 9.73.090(2) as now or hereafter amended, the issuing or denying judge shall make a report to the administrator for the courts stating that:
(a) An authorization, extension or renewal was applied for;
(b) The kind of authorization applied for;
(c) The authorization was granted as applied for, was modified, or was denied;
(d) The period of recording authorized by the authorization and the number and duration of any extensions or renewals of the authorization;
(e) The offense specified in the authorization or extension or renewal of authorization;
(f) The identity of the person authorizing the application and of the investigative or law enforcement officer and agency for whom it was made;
(g) Whether an arrest resulted from the communication which was the subject of the authorization; and
(h) The character of the facilities from which or the place where the communications were to be recorded.
(2) In addition to reports required to be made by applicants pursuant to federal law, all judges of the superior court authorized to issue authority pursuant to this chapter shall make annual reports on the operation of this chapter to the administrator for the courts. The reports made under this subsection must include information on authorizations for the installation and use of pen registers and trap and trace devices under RCW 9.73.260. The reports by the judges shall contain (a) the number of applications made; (b) the number of authorizations issued; (c) the respective periods of such authorizations; (d) the number and duration of any renewals thereof; (e) the crimes in connection with which the communications or conversations were sought; (f) the names of the applicants; and (g) such other and further particulars as the administrator for the courts may require, except that the administrator for the courts shall not require the reporting of information that might lead to the disclosure of the identity of a confidential informant.
The chief justice of the supreme court shall annually report to the governor and the legislature on such aspects of the operation of this chapter as appropriate including any recommendations as to legislative changes or improvements to effectuate the purposes of this chapter and to assure and protect individual rights.
CREDIT(S)
[1998 c 217 § 3; 1989 c 271 § 207; 1977 ex.s. c 363 § 5.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.73.130
Effective: July 22, 2011
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.73. Privacy, Violating Right of (Refs & Annos)
9.73.130. Recording private communications--Authorization--Application for, contents
Each application for an authorization to record communications or conversations pursuant to RCW 9.73.090 as now or hereafter amended shall be made in writing upon oath or affirmation and shall state:
(1) The authority of the applicant to make such application;
(2) The identity and qualifications of the investigative or law enforcement officers or agency for whom the authority to record a communication or conversation is sought and the identity of whoever authorized the application;
(3) A particular statement of the facts relied upon by the applicant to justify his or her belief that an authorization should be issued, including:
(a) The identity of the particular person, if known, committing the offense and whose communications or conversations are to be recorded;
(b) The details as to the particular offense that has been, is being, or is about to be committed;
(c) The particular type of communication or conversation to be recorded and a showing that there is probable cause to believe such communication will be communicated on the wire communication facility involved or at the particular place where the oral communication is to be recorded;
(d) The character and location of the particular wire communication facilities involved or the particular place where the oral communication is to be recorded;
(e) A statement of the period of time for which the recording is required to be maintained, if the character of the investigation is such that the authorization for recording should not automatically terminate when the described type of communication or conversation has been first obtained, a particular statement of facts establishing probable cause to believe that additional communications of the same type will occur thereafter;
(f) A particular statement of facts showing that other normal investigative procedures with respect to the offense have been tried and have failed or reasonably appear to be unlikely to succeed if tried or to be too dangerous to employ;
(4) Where the application is for the renewal or extension of an authorization, a particular statement of facts showing the results thus far obtained from the recording, or a reasonable explanation of the failure to obtain such results;
(5) A complete statement of the facts concerning all previous applications, known to the individual authorizing and to the individual making the application, made to any court for authorization to record a wire or oral communication involving any of the same facilities or places specified in the application or involving any person whose communication is to be intercepted, and the action taken by the court on each application; and
(6) Such additional testimony or documentary evidence in support of the application as the judge may require.
CREDIT(S)
[2011 c 336 § 326, eff. July 22, 2011; 1977 ex.s. c 363 § 6.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.73.140
Effective: July 22, 2011
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.73. Privacy, Violating Right of (Refs & Annos)
9.73.140. Recording private communications--Authorization of or application for--Inventory, contents, service--Availability of recording, applications, and orders
Within a reasonable time but not later than thirty days after the termination of the period of the authorization or of extensions or renewals thereof, or the date of the denial of an authorization applied for under RCW 9.73.090 as now or hereafter amended, the issuing authority shall cause to be served on the person named in the authorization or application for an authorization, and such other parties to the recorded communications as the judge may in his or her discretion determine to be in the interest of justice, an inventory which shall include:
(1) Notice of the entry of the authorization or the application for an authorization which has been denied under RCW 9.73.090 as now or hereafter amended;
(2) The date of the entry of the authorization or the denial of an authorization applied for under RCW 9.73.090 as now or hereafter amended;
(3) The period of authorized or disapproved recording; and
(4) The fact that during the period wire or oral communications were or were not recorded.
The issuing authority, upon the filing of a motion, may in its discretion make available to such person or his or her attorney for inspection such portions of the recorded communications, applications and orders as the court determines to be in the interest of justice. On an ex parte showing of good cause to the court the serving of the inventory required by this section may be postponed or dispensed with.
CREDIT(S)
[2011 c 336 § 327, eff. July 22, 2011; 1977 ex.s. c 363 § 7.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.73.145
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.73. Privacy, Violating Right of (Refs & Annos)
9.73.145. Repealed by Laws 1996, ch. 197, § 3, eff. Aug. 1, 1996
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.73.200
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.73. Privacy, Violating Right of (Refs & Annos)
9.73.200. Intercepting, transmitting, or recording conversations concerning controlled substances--Findings
The legislature finds that the unlawful manufacturing, selling, and distributing of controlled substances is becoming increasingly prevalent and violent. Attempts by law enforcement officers to prevent the manufacture, sale, and distribution of drugs is resulting in numerous life-threatening situations since drug dealers are using sophisticated weapons and modern technological devices to deter the efforts of law enforcement officials to enforce the controlled substance statutes. Dealers of unlawful drugs are employing a wide variety of violent methods to realize the enormous profits of the drug trade.
Therefore, the legislature finds that conversations regarding illegal drug operations should be intercepted, transmitted, and recorded in certain circumstances without prior judicial approval in order to protect the life and safety of law enforcement personnel and to enhance prosecution of drug offenses, and that that interception and transmission can be done without violating the constitutional guarantees of privacy.
CREDIT(S)
[1989 c 271 § 201.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.73.210
Effective: August 1, 2011
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.73. Privacy, Violating Right of (Refs & Annos)
9.73.210. Intercepting, transmitting, or recording conversations concerning controlled substances or commercial sexual abuse of a minor--Authorization--Monthly report--Admissibility--Destruction of information
(1) If a police commander or officer above the rank of first line supervisor has reasonable suspicion that the safety of the consenting party is in danger, law enforcement personnel may, for the sole purpose of protecting the safety of the consenting party, intercept, transmit, or record a private conversation or communication concerning:
(a) The unlawful manufacture, delivery, sale, or possession with intent to manufacture, deliver, or sell, controlled substances as defined in chapter 69.50 RCW, or legend drugs as defined in chapter 69.41 RCW, or imitation controlled substances as defined in chapter 69.52 RCW; or
(b) Person(s) engaging in the commercial sexual abuse of a minor under RCW 9.68A.100, or promoting commercial sexual abuse of a minor under RCW 9.68A.101, or promoting travel for commercial sexual abuse of a minor under RCW 9.68A.102.
(2) Before any interception, transmission, or recording of a private conversation or communication pursuant to this section, the police commander or officer making the determination required by subsection (1) of this section shall complete a written authorization which shall include (a) the date and time the authorization is given; (b) the persons, including the consenting party, expected to participate in the conversation or communication, to the extent known; (c) the expected date, location, and approximate time of the conversation or communication; and (d) the reasons for believing the consenting party's safety will be in danger.
(3) A monthly report shall be filed by the law enforcement agency with the administrator for the courts indicating the number of authorizations made under this section, the date and time of each authorization, and whether an interception, transmission, or recording was made with respect to each authorization.
(4) Any information obtained pursuant to this section is inadmissible in any civil or criminal case in all courts of general or limited jurisdiction in this state, except:
(a) With the permission of the person whose communication or conversation was intercepted, transmitted, or recorded without his or her knowledge;
(b) In a civil action for personal injury or wrongful death arising out of the same incident, where the cause of action is based upon an act of physical violence against the consenting party; or
(c) In a criminal prosecution, arising out of the same incident for a serious violent offense as defined in RCW 9.94A.030 in which a party who consented to the interception, transmission, or recording was a victim of the offense.
(5) Nothing in this section bars the admission of testimony of a participant in the communication or conversation unaided by information obtained pursuant to this section.
(6) The authorizing agency shall immediately destroy any written, transcribed, or recorded information obtained from an interception, transmission, or recording authorized under this section unless the agency determines there has been a personal injury or death or a serious violent offense which may give rise to a civil action or criminal prosecution in which the information may be admissible under subsection (4)(b) or (c) of this section.
(7) Nothing in this section authorizes the interception, recording, or transmission of a telephonic communication or conversation.
CREDIT(S)
[2011 c 241 § 3, eff. Aug. 1, 2011; 1989 c 271 § 202.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.73.220
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.73. Privacy, Violating Right of (Refs & Annos)
9.73.220. Judicial authorizations--Availability of judge required
In each superior court judicial district in a county with a population of two hundred ten thousand or more there shall be available twenty-four hours a day at least one superior court or district court judge or magistrate designated to receive telephonic requests for authorizations that may be issued pursuant to this chapter. The presiding judge of each such superior court in conjunction with the district court judges in that superior court judicial district shall establish a coordinated schedule of rotation for all of the superior and district court judges and magistrates in the superior court judicial district for purposes of ensuring the availability of at least one judge or magistrate at all times. During the period that each judge or magistrate is designated, he or she shall be equipped with an electronic paging device when not present at his or her usual telephone. It shall be the designated judge's or magistrate's responsibility to ensure that all attempts to reach him or her for purposes of requesting authorization pursuant to this chapter are forwarded to the electronic page number when the judge or magistrate leaves the place where he or she would normally receive such calls.
CREDIT(S)
[1991 c 363 § 9; 1989 c 271 § 203.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.73.230
Effective: August 1, 2011
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.73. Privacy, Violating Right of (Refs & Annos)
9.73.230. Intercepting, transmitting, or recording conversations concerning controlled substances or commercial sexual abuse of a minor--Conditions--Written reports required--Judicial review--Notice--Admissibility--Penalties
(1) As part of a bona fide criminal investigation, the chief law enforcement officer of a law enforcement agency or his or her designee above the rank of first line supervisor may authorize the interception, transmission, or recording of a conversation or communication by officers under the following circumstances:
(a) At least one party to the conversation or communication has consented to the interception, transmission, or recording;
(b) Probable cause exists to believe that the conversation or communication involves:
(i) The unlawful manufacture, delivery, sale, or possession with intent to manufacture, deliver, or sell, controlled substances as defined in chapter 69.50 RCW, or legend drugs as defined in chapter 69.41 RCW, or imitation controlled substances as defined in chapter 69.52 RCW; or
(ii) A party engaging in the commercial sexual abuse of a minor under RCW 9.68A.100, or promoting commercial sexual abuse of a minor under RCW 9.68A.101, or promoting travel for commercial sexual abuse of a minor under RCW 9.68A.102; and
(c) A written report has been completed as required by subsection (2) of this section.
(2) The agency's chief officer or designee authorizing an interception, transmission, or recording under subsection (1) of this section, shall prepare and sign a written report at the time of authorization indicating:
(a) The circumstances that meet the requirements of subsection (1) of this section;
(b) The names of the authorizing and consenting parties, except that in those cases where the consenting party is a confidential informant, the name of the confidential informant need not be divulged;
(c) The names of the officers authorized to intercept, transmit, and record the conversation or communication;
(d) The identity of the particular person or persons, if known, who may have committed or may commit the offense;
(e) The details of the particular offense or offenses that may have been or may be committed and the expected date, location, and approximate time of the conversation or communication; and
(f) Whether there was an attempt to obtain authorization pursuant to RCW 9.73.090(2) and, if there was such an attempt, the outcome of the attempt.
(3) An authorization under this section is valid in all jurisdictions within Washington state and for the interception of communications from additional persons if the persons are brought into the conversation or transaction by the nonconsenting party or if the nonconsenting party or such additional persons cause or invite the consenting party to enter another jurisdiction.
(4) The recording of any conversation or communication under this section shall be done in such a manner that protects the recording from editing or other alterations.
(5) An authorization made under this section is valid for no more than twenty-four hours from the time it is signed by the authorizing officer, and each authorization shall independently meet all of the requirements of this section. The authorizing officer shall sign the written report required under subsection (2) of this section, certifying the exact date and time of his or her signature. An authorization under this section may be extended not more than twice for an additional consecutive twenty-four hour period based upon the same probable cause regarding the same suspected transaction. Each such extension shall be signed by the authorizing officer.
(6) Within fifteen days after the signing of an authorization that results in any interception, transmission, or recording of a conversation or communication pursuant to this section, the law enforcement agency which made the interception, transmission, or recording shall submit a report including the original authorization under subsection (2) of this section to a judge of a court having jurisdiction which report shall identify (a) the persons, including the consenting party, who participated in the conversation, and (b) the date, location, and approximate time of the conversation.
In those cases where the consenting party is a confidential informant, the name of the confidential informant need not be divulged.
A monthly report shall be filed by the law enforcement agency with the administrator for the courts indicating the number of authorizations granted, the date and time of each authorization, interceptions made, arrests resulting from an interception, and subsequent invalidations.
(7)(a) Within two judicial days of receipt of a report under subsection (6) of this section, the court shall make an ex parte review of the authorization and shall make a determination whether the requirements of subsection (1) of this section were met. Evidence obtained as a result of the interception, transmission, or recording need not be submitted to the court. If the court determines that any of the requirements of subsection (1) of this section were not met, the court shall order that any recording and any copies or transcriptions of the conversation or communication be destroyed. Destruction of recordings, copies, or transcriptions shall be stayed pending any appeal of a finding that the requirements of subsection (1) of this section were not met.
(b) Absent a continuation under (c) of this subsection, six months following a determination under (a) of this subsection that probable cause did not exist, the court shall cause a notice to be mailed to the last known address of any nonconsenting party to the conversation or communication that was the subject of the authorization. The notice shall indicate the date, time, and place of any interception, transmission, or recording made pursuant to the authorization. The notice shall also identify the agency that sought the authorization and shall indicate that a review under (a) of this subsection resulted in a determination that the authorization was made in violation of this section provided that, if the confidential informant was a minor at the time of the recording or an alleged victim of commercial child sexual abuse under RCW 9.68A.100 through 9.68A.102 or 9[A].40.100, no such notice shall be given.
(c) An authorizing agency may obtain six-month extensions to the notice requirement of (b) of this subsection in cases of active, ongoing criminal investigations that might be jeopardized by sending the notice.
(8) In any subsequent judicial proceeding, evidence obtained through the interception or recording of a conversation or communication pursuant to this section shall be admissible only if:
(a) The court finds that the requirements of subsection (1) of this section were met and the evidence is used in prosecuting an offense listed in subsection (1)(b) of this section; or
(b) The evidence is admitted with the permission of the person whose communication or conversation was intercepted, transmitted, or recorded; or
(c) The evidence is admitted in a prosecution for a “serious violent offense” as defined in RCW 9.94A.030 in which a party who consented to the interception, transmission, or recording was a victim of the offense; or
(d) The evidence is admitted in a civil suit for personal injury or wrongful death arising out of the same incident, in which a party who consented to the interception, transmission, or recording was a victim of a serious violent offense as defined in RCW 9.94A.030.
Nothing in this subsection bars the admission of testimony of a party or eyewitness to the intercepted, transmitted, or recorded conversation or communication when that testimony is unaided by information obtained solely by violation of RCW 9.73.030.
(9) Any determination of invalidity of an authorization under this section shall be reported by the court to the administrative office of the courts.
(10) Any person who intentionally intercepts, transmits, or records or who intentionally authorizes the interception, transmission, or recording of a conversation or communication in violation of this section, is guilty of a class C felony punishable according to chapter 9A.20 RCW.
(11) An authorizing agency is liable for twenty-five thousand dollars in exemplary damages, in addition to any other damages authorized by this chapter or by other law, to a person whose conversation or communication was intercepted, transmitted, or recorded pursuant to an authorization under this section if:
(a) In a review under subsection (7) of this section, or in a suppression of evidence proceeding, it has been determined that the authorization was made without the probable cause required by subsection (1)(b) of this section; and
(b) The authorization was also made without a reasonable suspicion that the conversation or communication would involve the unlawful acts identified in subsection (1)(b) of this section.
CREDIT(S)
[2011 c 241 § 2, eff. Aug. 1, 2011; 2005 c 282 § 17, eff. July 24, 2005; 1989 c 271 § 204.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.73.240
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.73. Privacy, Violating Right of (Refs & Annos)
9.73.240. Intercepting, transmitting, or recording conversations concerning controlled substances--Concurrent power of attorney general to investigate and prosecute
(1) The attorney general shall have concurrent authority and power with the prosecuting attorneys to investigate violations of RCW 9.73.200 through 9.73.230 or RCW 9.73.090 and initiate and conduct prosecutions of any violations upon request of any of the following:
(a) The person who was the nonconsenting party to the intercepted, transmitted, or recorded conversation or communication; or
(b) The county prosecuting attorney of the jurisdiction in which the offense has occurred.
(2) The request shall be communicated in writing to the attorney general.
CREDIT(S)
[1989 c 271 § 206.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.73.250
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.73. Privacy, Violating Right of (Refs & Annos)
9.73.250. Decodified June 1992
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.73.260
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.73. Privacy, Violating Right of (Refs & Annos)
9.73.260. Pen registers, trap and trace devices
(1) As used in this section:
(a) “Wire communication” means any aural transfer made in whole or in part through the use of facilities for the transmission of communications by the aid of wire, cable, or other like connection between the point of origin and the point of reception, including the use of such connection in a switching station, furnished or operated by any person engaged in providing or operating such facilities for the transmission of intrastate, interstate, or foreign communications, and such term includes any electronic storage of such communication.
(b) “Electronic communication” means any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic, or photo-optical system, but does not include:
(i) Any wire or oral communication;
(ii) Any communication made through a tone-only paging device; or
(iii) Any communication from a tracking device.
(c) “Electronic communication service” means any service that provides to users thereof the ability to send or receive wire or electronic communications.
(d) “Pen register” means a device that records or decodes electronic or other impulses that identify the numbers dialed or otherwise transmitted on the telephone line to which such device is attached, but such term does not include any device used by a provider or customer of a wire or electronic communication service for billing, or recording as an incident to billing, for communications services provided by such provider or any device used by a provider or customer of a wire communication service for cost accounting or other like purposes in the ordinary course of its business.
(e) “Trap and trace device” means a device that captures the incoming electronic or other impulses that identify the originating number of an instrument or device from which a wire or electronic communication was transmitted.
(2) No person may install or use a pen register or trap and trace device without a prior court order issued under this section except as provided under subsection (6) of this section or RCW 9.73.070.
(3) A law enforcement officer may apply for and the superior court may issue orders and extensions of orders authorizing the installation and use of pen registers and trap and trace devices as provided in this section. The application shall be under oath and shall include the identity of the officer making the application and the identity of the law enforcement agency conducting the investigation. The applicant must certify that the information likely to be obtained is relevant to an ongoing criminal investigation being conducted by that agency.
(4) If the court finds that the information likely to be obtained by such installation and use is relevant to an ongoing criminal investigation and finds that there is probable cause to believe that the pen register or trap and trace device will lead to obtaining evidence of a crime, contraband, fruits of crime, things criminally possessed, weapons, or other things by means of which a crime has been committed or reasonably appears about to be committed, or will lead to learning the location of a person who is unlawfully restrained or reasonably believed to be a witness in a criminal investigation or for whose arrest there is probable cause, the court shall enter an ex parte order authorizing the installation and use of a pen register or a trap and trace device. The order shall specify:
(a) The identity, if known, of the person to whom is leased or in whose name is listed the telephone line to which the pen register or trap and trace device is to be attached;
(b) The identity, if known, of the person who is the subject of the criminal investigation;
(c) The number and, if known, physical location of the telephone line to which the pen register or trap and trace device is to be attached and, in the case of a trap and trace device, the geographic limits of the trap and trace order; and
(d) A statement of the offense to which the information likely to be obtained by the pen register or trap and trace device relates.
The order shall direct, if the applicant has requested, the furnishing of information, facilities, and technical assistance necessary to accomplish the installation of the pen register or trap and trace device. An order issued under this section shall authorize the installation and use of a pen register or a trap and trace device for a period not to exceed sixty days. An extension of the original order may only be granted upon: A new application for an order under subsection (3) of this section; and a showing that there is a probability that the information or items sought under this subsection are more likely to be obtained under the extension than under the original order. No extension beyond the first extension shall be granted unless: There is a showing that there is a high probability that the information or items sought under this subsection are much more likely to be obtained under the second or subsequent extension than under the original order; and there are extraordinary circumstances such as a direct and immediate danger of death or serious bodily injury to a law enforcement officer. The period of extension shall be for a period not to exceed sixty days.
An order authorizing or approving the installation and use of a pen register or a trap and trace device shall direct that the order be sealed until otherwise ordered by the court and that the person owning or leasing the line to which the pen register or trap and trace device is attached, or who has been ordered by the court to provide assistance to the applicant, not disclose the existence of the pen register or trap and trace device or the existence of the investigation to the listed subscriber or to any other person, unless or until otherwise ordered by the court.
(5) Upon the presentation of an order, entered under subsection (4) of this section, by an officer of a law enforcement agency authorized to install and use a pen register under this chapter, a provider of wire or electronic communication service, landlord, custodian, or other person shall furnish such law enforcement officer forthwith all information, facilities, and technical assistance necessary to accomplish the installation of the pen register unobtrusively and with a minimum of interference with the services that the person so ordered by the court accords the party with respect to whom the installation and use is to take place, if such assistance is directed by a court order as provided in subsection (4) of this section.
Upon the request of an officer of a law enforcement agency authorized to receive the results of a trap and trace device under this chapter, a provider of a wire or electronic communication service, landlord, custodian, or other person shall install such device forthwith on the appropriate line and shall furnish such law enforcement officer all additional information, facilities, and technical assistance including installation and operation of the device unobtrusively and with a minimum of interference with the services that the person so ordered by the court accords the party with respect to whom the installation and use is to take place, if such installation and assistance is directed by a court order as provided in subsection (4) of this section. Unless otherwise ordered by the court, the results of the trap and trace device shall be furnished to the officer of a law enforcement agency, designated in the court order, at reasonable intervals during regular business hours for the duration of the order.
A provider of a wire or electronic communication service, landlord, custodian, or other person who furnishes facilities or technical assistance pursuant to this subsection shall be reasonably compensated by the law enforcement agency that requests the facilities or assistance for such reasonable expenses incurred in providing such facilities and assistance.
No cause of action shall lie in any court against any provider of a wire or electronic communication service, its officers, employees, agents, or other specified persons for providing information, facilities, or assistance in accordance with the terms of a court order under this section. A good faith reliance on a court order under this section, a request pursuant to this section, a legislative authorization, or a statutory authorization is a complete defense against any civil or criminal action brought under this chapter or any other law.
(6)(a) Notwithstanding any other provision of this chapter, a law enforcement officer and a prosecuting attorney or deputy prosecuting attorney who jointly and reasonably determine that there is probable cause to believe that an emergency situation exists that involves immediate danger of death or serious bodily injury to any person that requires the installation and use of a pen register or a trap and trace device before an order authorizing such installation and use can, with due diligence, be obtained, and there are grounds upon which an order could be entered under this chapter to authorize such installation and use, may have installed and use a pen register or trap and trace device if, within forty-eight hours after the installation has occurred, or begins to occur, an order approving the installation or use is issued in accordance with subsection (4) of this section. In the absence of an authorizing order, such use shall immediately terminate when the information sought is obtained, when the application for the order is denied or when forty-eight hours have lapsed since the installation of the pen register or trap and trace device, whichever is earlier. If an order approving the installation or use is not obtained within forty-eight hours, any information obtained is not admissible as evidence in any legal proceeding. The knowing installation or use by any law enforcement officer of a pen register or trap and trace device pursuant to this subsection without application for the authorizing order within forty-eight hours of the installation shall constitute a violation of this chapter and be punishable as a gross misdemeanor. A provider of a wire or electronic service, landlord, custodian, or other person who furnished facilities or technical assistance pursuant to this subsection shall be reasonably compensated by the law enforcement agency that requests the facilities or assistance for such reasonable expenses incurred in providing such facilities and assistance.
(b) A law enforcement agency that authorizes the installation of a pen register or trap and trace device under this subsection (6) shall file a monthly report with the administrator for the courts. The report shall indicate the number of authorizations made, the date and time of each authorization, whether a court authorization was sought within forty-eight hours, and whether a subsequent court authorization was granted.
CREDIT(S)
[1998 c 217 § 1.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.75.010
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.75. Robbery [Repealed]
9.75.010 to 9.75.030. Repealed by Laws 1975, 1st Ex.Sess., ch. 260, § 9A.92.010, eff. July 1, 1976
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.75.030
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.75. Robbery [Repealed]
9.75.010 to 9.75.030. Repealed by Laws 1975, 1st Ex.Sess., ch. 260, § 9A.92.010, eff. July 1, 1976
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.76.010
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.76. Sabbath Breaking [Repealed]
9.76.010. Repealed by Laws 1967, ch. 1, § 1
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.76.020
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.76. Sabbath Breaking [Repealed]
9.76.020. Repealed by Laws 1975, 1st Ex.Sess., ch. 260, § 9A.92.010, eff. July 1, 1976
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.76.030
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.76. Sabbath Breaking [Repealed]
9.76.030. Repealed by Laws 1975, 1st Ex.Sess., ch. 260, § 9A.92.010; Laws 1975-76, 2nd Ex.Sess., ch. 38, § 19, eff. July 1, 1976
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.76.040
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.76. Sabbath Breaking [Repealed]
9.76.040, 9.76.050. Repealed by Laws 1975, 1st Ex.Sess., ch. 260, § 9A.92.010, eff. July 1, 1976
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.76.050
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.76. Sabbath Breaking [Repealed]
9.76.040, 9.76.050. Repealed by Laws 1975, 1st Ex.Sess., ch. 260, § 9A.92.010, eff. July 1, 1976
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.78.010
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.78. Shoplifting [Repealed]
9.78.010, 9.78.020. Repealed by Laws 1975, 1st Ex.Sess., ch. 260, § 9A.92.010, eff. July 1, 1976
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.78.020
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.78. Shoplifting [Repealed]
9.78.010, 9.78.020. Repealed by Laws 1975, 1st Ex.Sess., ch. 260, § 9A.92.010, eff. July 1, 1976
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.78.030
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.78. Shoplifting [Repealed]
9.78.030. Repealed by Laws 1967, ch. 76, § 4
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.78.040
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.78. Shoplifting [Repealed]
9.78.040. Repealed by Laws 1975, 1st Ex.Sess., ch. 260, § 9A.92.010, eff. July 1, 1976
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.79.010
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.79. Sex Crimes [Repealed; Recodified]
9.79.010 to 9.79.030. Repealed by Laws 1975, 1st Ex.Sess., ch. 14, § 10
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.79.030
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.79. Sex Crimes [Repealed; Recodified]
9.79.010 to 9.79.030. Repealed by Laws 1975, 1st Ex.Sess., ch. 14, § 10
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.79.040
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.79. Sex Crimes [Repealed; Recodified]
9.79.040 to 9.79.130. Repealed by Laws 1975, 1st Ex.Sess., ch. 260, § 9A.92.010, eff. July 1, 1976
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.79.130
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.79. Sex Crimes [Repealed; Recodified]
9.79.040 to 9.79.130. Repealed by Laws 1975, 1st Ex.Sess., ch. 260, § 9A.92.010, eff. July 1, 1976
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.79.140
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.79. Sex Crimes [Repealed; Recodified]
9.79.140 to 9.79.220. Recodified as §§ 9A.44.010 to 9A.44.090
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.79.150
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.79. Sex Crimes [Repealed; Recodified]
9.79.140 to 9.79.220. Recodified as §§ 9A.44.010 to 9A.44.090
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.79.160
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.79. Sex Crimes [Repealed; Recodified]
9.79.140 to 9.79.220. Recodified as §§ 9A.44.010 to 9A.44.090
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.79.170
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.79. Sex Crimes [Repealed; Recodified]
9.79.140 to 9.79.220. Recodified as §§ 9A.44.010 to 9A.44.090
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.79.180
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.79. Sex Crimes [Repealed; Recodified]
9.79.140 to 9.79.220. Recodified as §§ 9A.44.010 to 9A.44.090
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.79.190
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.79. Sex Crimes [Repealed; Recodified]
9.79.140 to 9.79.220. Recodified as §§ 9A.44.010 to 9A.44.090
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.79.200
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.79. Sex Crimes [Repealed; Recodified]
9.79.140 to 9.79.220. Recodified as §§ 9A.44.010 to 9A.44.090
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.79.210
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.79. Sex Crimes [Repealed; Recodified]
9.79.140 to 9.79.220. Recodified as §§ 9A.44.010 to 9A.44.090
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.79.220
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.79. Sex Crimes [Repealed; Recodified]
9.79.140 to 9.79.220. Recodified as §§ 9A.44.010 to 9A.44.090
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.80.010
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.80. Suicide [Repealed]
9.80.010 to 9.80.050. Repealed by Laws 1975, 1st Ex.Sess., ch. 260, § 9A.92.010, eff. July 1, 1976
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.80.050
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.80. Suicide [Repealed]
9.80.010 to 9.80.050. Repealed by Laws 1975, 1st Ex.Sess., ch. 260, § 9A.92.010, eff. July 1, 1976
Current with 2013 Legislation effective through June 7, 2013
West's RCWA T. 9, Ch. 9.81, Refs & Annos
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments
Chapter 9.81. Subversive Activities
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.81.010
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.81. Subversive Activities (Refs & Annos)
9.81.010. Definitions
(1) “Organization” means an organization, corporation, company, partnership, association, trust, foundation, fund, club, society, committee, political party, or any group of persons, whether or not incorporated, permanently or temporarily associated together for joint action or advancement of views on any subject or subjects.
(2) “Subversive organization” means any organization which engages in or advocates, abets, advises, or teaches, or a purpose of which is to engage in or advocate, abet, advise, or teach activities intended to overthrow, destroy or alter, or to assist in the overthrow, destruction or alteration of, the constitutional form of the government of the United States, or of the state of Washington, or of any political subdivision of either of them, by revolution, force or violence.
(3) “Foreign subversive organization” means any organization directed, dominated or controlled directly or indirectly by a foreign government which engages in or advocates, abets, advises, or teaches, or a purpose of which is to engage in or to advocate, abet, advise, or teach, activities intended to overthrow, destroy or alter, or to assist in the overthrow, destruction or alteration of the constitutional form of the government of the United States, or of the state of Washington, or of any political subdivision of either of them, and to establish in place thereof any form of government the direction and control of which is to be vested in, or exercised by or under, the domination or control of any foreign government, organization, or individual.
(4) “Foreign government” means the government of any country or nation other than the government of the United States of America or of one of the states thereof.
(5) “Subversive person” means any person who commits, attempts to commit, or aids in the commission, or advocates, abets, advises or teaches by any means any person to commit, attempt to commit, or aid in the commission of any act intended to overthrow, destroy or alter, or to assist in the overthrow, destruction or alteration of, the constitutional form of the government of the United States, or of the state of Washington, or any political subdivision of either of them by revolution, force, or violence; or who with knowledge that the organization is an organization as described in subsections (2) and (3) hereof, becomes or remains a member of a subversive organization or a foreign subversive organization.
CREDIT(S)
[1953 c 142 § 1; 1951 c 254 § 1.]
VALIDITY
<Provisions of this chapter were held unconstitutional in the case of Baggett v. Bullitt (1964) 84 S.Ct. 1316, 377 U.S. 360, 12 L.Ed.2d 377. See Notes of Decisions, post.>
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.81.020
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.81. Subversive Activities (Refs & Annos)
9.81.020. Subversive activities made felony--Penalty
(1) It is a class B felony for any person knowingly and willfully to:
(a) Commit, attempt to commit, or aid in the commission of any act intended to overthrow, destroy or alter, or to assist in the overthrow, destruction or alteration of, the constitutional form of the government of the United States, or of the state of Washington or any political subdivision of either of them, by revolution, force or violence; or
(b) Advocate, abet, advise, or teach by any means any person to commit, attempt to commit, or assist in the commission of any such act under such circumstances as to constitute a clear and present danger to the security of the United States, or of the state of Washington or of any political subdivision of either of them; or
(c) Conspire with one or more persons to commit any such act; or
(d) Assist in the formation or participate in the management or to contribute to the support of any subversive organization or foreign subversive organization knowing the organization to be a subversive organization or a foreign subversive organization; or
(e) Destroy any books, records or files, or secrete any funds in this state of a subversive organization or a foreign subversive organization, knowing the organization to be such.
(2) Any person upon a plea of guilty or upon conviction of violating any of the provisions of this section shall be fined not more than ten thousand dollars, or imprisoned for not more than ten years, or both, at the discretion of the court.
CREDIT(S)
[2003 c 53 § 44, eff. July 1, 2004; 1951 c 254 § 2.]
VALIDITY
<See Notes of Decisions following § 9.81.010>
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.81.030
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.81. Subversive Activities (Refs & Annos)
9.81.030. Membership in subversive organization is felony--Penalty
It is a class C felony for any person after June 1, 1951, to become, or after September 1, 1951, to remain a member of a subversive organization or a foreign subversive organization knowing the organization to be a subversive organization or foreign subversive organization. Any person upon a plea of guilty or upon conviction of violating this section shall be fined not more than five thousand dollars, or imprisoned for not more than five years, or both, at the discretion of the court.
CREDIT(S)
[2003 c 53 § 45, eff. July 1, 2004; 1951 c 254 § 3.]
VALIDITY
<See Notes of Decisions following § 9.81.010>
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.81.040
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.81. Subversive Activities (Refs & Annos)
9.81.040. Disqualification from voting or holding public office
Any person who shall be convicted or shall plead guilty of violating any of the provisions of RCW 9.81.020 and 9.81.030, in addition to all other penalties therein provided, shall from the date of such conviction be barred from
(1) Holding any office, elective or appointive, or any other position of profit or trust in, or employment by the government of the state of Washington or of any agency thereof or of any county, municipal corporation or other political subdivision of said state;
(2) Filing or standing for election to any public office in the state of Washington; or
(3) Voting in any election held in this state.
CREDIT(S)
[1951 c 254 § 4.]
VALIDITY
<See Notes of Decisions following § 9.81.010>
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.81.050
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.81. Subversive Activities (Refs & Annos)
9.81.050. Dissolution of subversive organizations--Disposition of property
It shall be unlawful for any subversive organization or foreign subversive organization to exist or function in the state of Washington and any organization which by a court of competent jurisdiction is found to have violated the provisions of this section shall be dissolved, and if it be a corporation organized and existing under the laws of the state of Washington a finding by a court of competent jurisdiction that it has violated the provisions of this section shall constitute legal cause for forfeiture of its charter and its charter shall be forfeited and all funds, books, records and files of every kind and all other property of any organization found to have violated the provisions of this section shall be seized by and for the state of Washington, the funds to be deposited in the state treasury and the books, records, files and other property to be turned over to the attorney general of Washington.
CREDIT(S)
[1951 c 254 § 5.]
VALIDITY
<See Notes of Decisions following § 9.81.010>
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.81.060
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.81. Subversive Activities (Refs & Annos)
9.81.060. Public employment--Subversive person ineligible
No subversive person, as defined in this chapter, shall be eligible for employment in, or appointment to any office, or any position of trust or profit in the government, or in the administration of the business, of this state, or of any county, municipality, or other political subdivision of this state.
CREDIT(S)
[1951 c 254 § 11.]
VALIDITY
<See Notes of Decisions following § 9.81.010>
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.81.070
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.81. Subversive Activities (Refs & Annos)
9.81.070. Public employment--Determining eligibility--Inquiries--Oath
Every person and every board, commission, council, department, court or other agency of the state of Washington or any political subdivision thereof, who or which appoints or employs or supervises in any manner the appointment or employment of public officials or employees shall establish by rules, regulations or otherwise, procedures designed to ascertain whether any person is a subversive person. In securing any facts necessary to ascertain the information herein required, the applicant shall be required to sign a written statement containing answers to such inquiries as may be material, which statement shall contain notice that it is subject to the penalties of perjury. Every such person, board, commission, council, department, court, or other agency shall require every employee or applicant for employment to state under oath whether or not he or she is a member of the Communist party or other subversive organization, and refusal to answer on any grounds shall be cause for immediate termination of such employee's employment or for refusal to accept his or her application for employment.
CREDIT(S)
[1955 c 377 § 1; 1951 c 254 § 12.]
VALIDITY
<Provisions of this chapter were held unconstitutional in the case of Baggett v. Bullitt (1964) 84 S.Ct. 1316, 377 U.S. 360, 12 L.Ed.2d 377. See, Notes of Decisions, post.>
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.81.080
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.81. Subversive Activities (Refs & Annos)
9.81.080. Public employment--Inquiries may be dispensed with, when
The inquiries prescribed in preceding sections, other than the written statement to be executed by an applicant for employment and the requirement set forth in RCW 9.81.070, relative to membership in the communist party or other subversive organization, shall not be required as a prerequisite to the employment of any persons in any case in which the employing authority may determine, and by rule or regulation specify the reasons why, the nature of the work to be performed is such that employment of such persons will not be dangerous to the health of the citizens or the security of the governments of the United States, the state of Washington, or any political subdivision thereof.
CREDIT(S)
[1955 c 377 § 2; 1951 c 254 § 13.]
VALIDITY
<See Notes of Decisions following § 9.81.010>
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.81.082
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.81. Subversive Activities (Refs & Annos)
9.81.082. Membership in subversive organization described
For the purpose of *this act, membership in a subversive organization shall be membership in any organization after it has been placed on the list of organizations designated by the attorney general of the United States as being subversive pursuant to executive order No. 9835.
CREDIT(S)
[1955 c 377 § 3.]
VALIDITY
<This section was held unconstitutional in the case of Nostrand v. Balmer (1959) 53 Wash.2d 460, 335 P.2d 10. See Notes of Decisions, post.>
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.81.083
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.81. Subversive Activities (Refs & Annos)
9.81.083. Communist party declared a subversive organization
The Communist party is a subversive organization within the purview of chapter 9.81 RCW and membership in the Communist party is a subversive activity thereunder.
CREDIT(S)
[1955 c 377 § 4.]
VALIDITY
<See Notes of Decisions, post and following § 9.81.010>
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.81.090
Effective: July 22, 2011
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.81. Subversive Activities (Refs & Annos)
9.81.090. Public employees--Discharge of subversive persons--Procedure--Hearing--Appeal
Reasonable grounds on all the evidence to believe that any person is a subversive person, as defined in this chapter, shall be cause for discharge from any appointive office or other position of profit or trust in the government of or in the administration of the business of this state, or of any county, municipality or other political subdivision of this state, or any agency thereof. The attorney general and the personnel director, and the civil service commission of any county, city, or other political subdivision of this state, shall, by appropriate rules or regulations, prescribe that persons charged with being subversive persons, as defined in this chapter, shall have the right of reasonable notice, date, time, and place of hearing, opportunity to be heard by himself or herself and witnesses on his or her behalf, to be represented by counsel, to be confronted by witnesses against him or her, the right to cross-examination, and such other rights which are in accordance with the procedures prescribed by law for the discharge of such person for other reasons. Every person and every board, commission, council, department, or other agency of the state of Washington or any political subdivision thereof having responsibility for the appointment, employment, or supervision of public employees not covered by the classified service in this section referred to, shall establish rules or procedures similar to those required herein for classified services for a hearing for any person charged with being a subversive person, as defined in this chapter, after notice and opportunity to be heard. Every employing authority discharging any person pursuant to any provision of this chapter, shall promptly report to the special assistant attorney general in charge of subversive activities the fact of and the circumstances surrounding such discharge. Any person discharged under the provisions of this chapter shall have the right within thirty days thereafter to appeal to the superior court of the county wherein said person may reside or wherein he or she may have been employed for determination by said court as to whether or not the discharge appealed from was justified under the provisions of this chapter. The court shall regularly hear and determine such appeals and the decision of the superior court may be appealed to the supreme court or the court of appeals of the state of Washington as in civil cases. Any person appealing to the superior court may be entitled to trial by jury if he or she so elects.
CREDIT(S)
[2011 c 336 § 328, eff. July 22, 2011; 1971 c 81 § 44; 1951 c 254 § 15.]
VALIDITY
<See Notes of Decisions following § 9.81.010>
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.81.100
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.81. Subversive Activities (Refs & Annos)
9.81.100. Repealed by Laws 2003, ch. 111, § 2404, eff. July 1, 2004
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.81.110
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.81. Subversive Activities (Refs & Annos)
9.81.110. Misstatements are punishable as perjury--Penalty
Every written statement made pursuant to this chapter by an applicant for appointment or employment, or by any employee, shall be deemed to have been made under oath if it contains a declaration preceding the signature of the maker to the effect that it is made under the penalties of perjury. Any person who wilfully makes a material misstatement of fact (1) in any such written statement, or (2) in any affidavit made pursuant to the provisions of this chapter, or (3) under oath in any hearing conducted by any agency of the state, or of any of its political subdivisions pursuant to this chapter, or (4) in any written statement by an applicant for appointment or employment or by an employee in any state aid or private institution of learning in this state, intended to determine whether or not such applicant or employee is a subversive person as defined in this chapter, which statement contains notice that it is subject to the penalties of perjury, shall be subject to the penalties of perjury, as prescribed in chapter 9.41 RCW.
CREDIT(S)
[1951 c 254 § 17.]
VALIDITY
<See Notes of Decisions following § 9.81.010>
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.81.120
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.81. Subversive Activities (Refs & Annos)
9.81.120. Constitutional rights--Censorship or infringement
Nothing in this chapter shall be construed to authorize, require or establish any military or civilian censorship or in any way to limit or infringe upon freedom of the press or freedom of speech or assembly within the meaning and the manner as guaranteed by the Constitution of the United States or of the state of Washington and no regulation shall be promulgated hereunder having that effect.
CREDIT(S)
[1951 c 254 § 19.]
VALIDITY
<See Notes of Decisions following § 9.81.010>
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.81.130
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.81. Subversive Activities (Refs & Annos)
9.81.130. Repealed by Laws 1977, ch. 75, § 96
Current with 2013 Legislation effective through June 7, 2013
West's RCWA T. 9, Ch. 9.82, Refs & Annos
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments
Chapter 9.82. Treason
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.82.010
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.82. Treason (Refs & Annos)
9.82.010. Defined--Penalty
(1) Treason against the people of the state consists in--
(a) Levying war against the people of the state, or
(b) Adhering to its enemies, or
(c) Giving them aid and comfort.
(2) Treason is a class A felony and punishable by death.
(3) No person shall be convicted for treason unless upon the testimony of two witnesses to the same overt act or by confession in open court.
CREDIT(S)
[2003 c 53 § 46, eff. July 1, 2004; 1909 c 249 § 65; RRS § 2317.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.82.020
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.82. Treason (Refs & Annos)
9.82.020. Levying war
To constitute levying war against the state an actual act of war must be committed. To conspire to levy war is not enough. When persons arise in insurrection with intent to prevent, in general, by force and intimidation, the execution of a statute of this state, or to force its repeal, they shall be guilty of levying war. But an endeavor, although by numbers and force of arms, to resist the execution of a law in a single instance, and for a private purpose, is not levying war.
CREDIT(S)
[1909 c 249 § 66; RRS § 2318.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.82.030
Effective: July 22, 2011
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.82. Treason (Refs & Annos)
9.82.030. Misprision of treason
Every person having knowledge of the commission of treason, who conceals the same, and does not, as soon as may be, disclose such treason to the governor or a justice of the supreme court or a judge of either the court of appeals or the superior court, shall be guilty of misprision of treason and punished by a fine of not more than one thousand dollars, or by imprisonment in a state correctional facility for not more than five years or in a county jail for up to three hundred sixty-four days.
CREDIT(S)
[2011 c 96 § 9, eff. July 22, 2011; 1992 c 7 § 16; 1971 c 81 § 45; 1909 c 249 § 67; RRS § 2319.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.83.010
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.83. Trespass [Repealed]
9.83.010 to 9.83.080. Repealed by Laws 1975, 1st Ex.Sess., ch. 260, § 9A.92.010, eff. July 1, 1976
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.83.080
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.83. Trespass [Repealed]
9.83.010 to 9.83.080. Repealed by Laws 1975, 1st Ex.Sess., ch. 260, § 9A.92.010, eff. July 1, 1976
Current with 2013 Legislation effective through June 7, 2013
West's RCWA T. 9, Ch. 9.86, Refs & Annos
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments
Chapter 9.86. Flags, Crimes Relating to
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.86.010
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.86. Flags, Crimes Relating to (Refs & Annos)
9.86.010. “Flag,” etc., defined
The words flag, standard, color, ensign or shield, as used in this chapter, shall include any flag, standard, color, ensign or shield, or copy, picture or representation thereof, made of any substance or represented or produced thereon, and of any size, evidently purporting to be such flag, standard, color, ensign or shield of the United States or of this state, or a copy, picture or representation thereof.
CREDIT(S)
[1919 c 107 § 1; RRS § 2675-1.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.86.020
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.86. Flags, Crimes Relating to (Refs & Annos)
9.86.020. Improper use of flag prohibited
(1) No person shall, in any manner, for exhibition or display:
(a) Place or cause to be placed any word, figure, mark, picture, design, drawing or advertisement of any nature upon any flag, standard, color, ensign or shield of the United States or of this state, or authorized by any law of the United States or of this state; or
(b) Expose to public view any such flag, standard, color, ensign or shield upon which shall have been printed, painted or otherwise produced, or to which shall have been attached, appended, affixed or annexed any such word, figure, mark, picture, design, drawing or advertisement; or
(c) Expose to public view for sale, manufacture, or otherwise, or to sell, give, or have in possession for sale, for gift or for use for any purpose, any substance, being an article of merchandise, or receptacle, or thing for holding or carrying merchandise, upon or to which shall have been produced or attached any such flag, standard, color, ensign or shield, in order to advertise, call attention to, decorate, mark or distinguish such article or substance.
(2) A violation of this section is a gross misdemeanor.
CREDIT(S)
[2003 c 53 § 47, eff. July 1, 2004; 1919 c 107 § 2; 1909 c 249 § 423; 1901 c 154 § 1; RRS § 2675-2.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.86.030
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.86. Flags, Crimes Relating to (Refs & Annos)
9.86.030. Desecration of flag
(1) No person shall knowingly cast contempt upon any flag, standard, color, ensign or shield, as defined in RCW 9.86.010, by publicly mutilating, defacing, defiling, burning, or trampling upon the flag, standard, color, ensign or shield.
(2) A violation of this section is a gross misdemeanor.
CREDIT(S)
[2003 c 53 § 48, eff. July 1, 2004; 1969 ex.s. c 110 § 1; 1919 c 107 § 3; 1909 c 249 § 423; RRS § 2675-3.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.86.040
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.86. Flags, Crimes Relating to (Refs & Annos)
9.86.040. Application of provisions
This chapter shall not apply to any act permitted by the statutes of the United States or of this state, or by the United States army and navy regulations, nor shall it apply to any printed or written document or production, stationery, ornament, picture or jewelry whereon shall be depicted said flag, standard, color, ensign or shield with no design or words thereon and disconnected with any advertisement.
CREDIT(S)
[1919 c 107 § 4; RRS § 2675-4.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.86.050
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.86. Flags, Crimes Relating to (Refs & Annos)
9.86.050. Repealed by Laws 2003, ch. 53, § 421, eff. July 1, 2004
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.86.060
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.86. Flags, Crimes Relating to (Refs & Annos)
9.86.060, 9.86.070. Repealed by Laws 1969, Ex.Sess., ch. 110, § 2
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.86.070
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.86. Flags, Crimes Relating to (Refs & Annos)
9.86.060, 9.86.070. Repealed by Laws 1969, Ex.Sess., ch. 110, § 2
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.87.010
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.87. Vagrancy [Repealed]
9.87.010 to 9.87.030. Repealed by Laws 1975, 1st Ex.Sess., ch. 260, § 9A.92.010, eff. July 1, 1976
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.87.030
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.87. Vagrancy [Repealed]
9.87.010 to 9.87.030. Repealed by Laws 1975, 1st Ex.Sess., ch. 260, § 9A.92.010, eff. July 1, 1976
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.87.040
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.87. Vagrancy [Repealed]
9.87.040. Repealed by Laws 1957, ch. 10, § 3
Current with 2013 Legislation effective through June 7, 2013
West's RCWA T. 9, Ch. 9.91, Refs & Annos
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments
Chapter 9.91. Miscellaneous Crimes
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.91.010
Effective: July 22, 2011
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.91. Miscellaneous Crimes (Refs & Annos)
9.91.010. Denial of civil rights--Terms defined
Terms used in this section shall have the following definitions:
(1)(a) “Every person” shall be construed to include any owner, lessee, proprietor, manager, agent or employee whether one or more natural persons, partnerships, associations, organizations, corporations, cooperatives, legal representatives, trustees, receivers, of this state and its political subdivisions, boards and commissions, engaged in or exercising control over the operation of any place of public resort, accommodation, assemblage, or amusement.
(b) “Deny” is hereby defined to include any act which directly or indirectly, or by subterfuge, by a person or his or her agent or employee, results or is intended or calculated to result in whole or in part in any discrimination, distinction, restriction, or unequal treatment, or the requiring of any person to pay a larger sum than the uniform rates charged other persons, or the refusing or withholding from any person the admission, patronage, custom, presence, frequenting, dwelling, staying, or lodging in any place of public resort, accommodation, assemblage, or amusement except for conditions and limitations established by law and applicable alike to all persons, regardless of race, creed, or color.
(c) “Full enjoyment of” shall be construed to include the right to purchase any service, commodity, or article of personal property offered or sold on, or by, any establishment to the public, and the admission of any person to accommodations, advantages, facilities, or privileges of any place of public resort, accommodation, assemblage, or amusement, without acts directly or indirectly causing persons of any particular race, creed, or color, to be treated as not welcome, accepted, desired, or solicited.
(d) “Any place of public resort, accommodation, assemblage, or amusement” is hereby defined to include, but not to be limited to, any public place, licensed or unlicensed, kept for gain, hire or reward, or where charges are made for admission, service, occupancy or use of any property or facilities, whether conducted for the entertainment, housing, or lodging of transient guests, or for the benefit, use or accommodation of those seeking health, recreation, or rest, or for the sale of goods and merchandise, or for the rendering of personal services, or for public conveyance or transportation on land, water or in the air, including the stations and terminals thereof and the garaging of vehicles, or where food or beverages of any kind are sold for consumption on the premises, or where public amusement, entertainment, sports, or recreation of any kind is offered with or without charge, or where medical service or care is made available, or where the public gathers, congregates, or assembles for amusement, recreation or public purposes, or public halls, public elevators, and public washrooms of buildings and structures occupied by two or more tenants, or by the owner and one or more tenants, or any public library or any educational institution wholly or partially supported by public funds, or schools of special instruction, or nursery schools, or day care centers or children's camps; nothing herein contained shall be construed to include, or apply to, any institute, bona fide club, or place of accommodation, which is by its nature distinctly private provided that where public use is permitted that use shall be covered by this section; nor shall anything herein contained apply to any educational facility operated or maintained by a bona fide religious or sectarian institution; and the right of a natural parent in loco parentis to direct the education and upbringing of a child under his or her control is hereby affirmed.
(2) Every person who denies to any other person because of race, creed, or color, the full enjoyment of any of the accommodations, advantages, facilities, or privileges of any place of public resort, accommodation, assemblage, or amusement, shall be guilty of a misdemeanor.
CREDIT(S)
[2011 c 336 § 329, eff. July 22, 2011; 1953 c 87 § 1; 1909 c 249 § 434; RRS § 2686.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.91.020
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.91. Miscellaneous Crimes (Refs & Annos)
9.91.020. Operating railroad, steamboat, vehicle, etc., while intoxicated
Every person who, being employed upon any railway, as engineer, motorman, gripman, conductor, switch tender, fireman, bridge tender, flagger, or signalman, or having charge of stations, starting, regulating or running trains upon a railway, or being employed as captain, engineer or other officer of a vessel propelled by steam, or being the driver of any animal or vehicle upon any public highway, street, or other public place, is intoxicated while engaged in the discharge of any such duties, shall be guilty of a gross misdemeanor.
CREDIT(S)
[2000 c 239 § 3; 1915 c 165 § 2; 1909 c 249 § 275; RRS § 2527.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.91.025
Effective: July 26, 2009
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.91. Miscellaneous Crimes (Refs & Annos)
9.91.025. Unlawful transit conduct
(1) A person is guilty of unlawful transit conduct if, while on or in a transit vehicle or in or at a transit station, he or she knowingly:
(a) Smokes or carries a lighted or smoldering pipe, cigar, or cigarette, unless he or she is smoking in an area designated and authorized by the transit authority;
(b) Discards litter other than in designated receptacles;
(c) Dumps or discards, or both, any materials on or at a transit facility including, but not limited to, hazardous substances and automotive fluids;
(d) Plays any radio, recorder, or other sound-producing equipment, except that nothing herein prohibits the use of the equipment when connected to earphones or an ear receiver that limits the sound to an individual listener. The use of public address systems or music systems that are authorized by a transit agency is permitted. The use of communications devices by transit employees and designated contractors or public safety officers in the line of duty is permitted, as is the use of private communications devices used to summon, notify, or communicate with other individuals, such as pagers and cellular phones;
(e) Spits, expectorates, urinates, or defecates, except in appropriate plumbing fixtures in restroom facilities;
(f) Carries any flammable liquid, explosive, acid, or other article or material likely to cause harm to others, except that nothing herein prevents a person from carrying a cigarette, cigar, or pipe lighter or carrying a firearm or ammunition in a way that is not otherwise prohibited by law;
(g) Consumes an alcoholic beverage or is in possession of an open alcoholic beverage container, unless authorized by the transit authority and required permits have been obtained;
(h) Obstructs or impedes the flow of transit vehicles or passenger traffic, hinders or prevents access to transit vehicles or stations, or otherwise unlawfully interferes with the provision or use of public transportation services;
(i) Unreasonably disturbs others by engaging in loud, raucous, unruly, harmful, or harassing behavior;
(j) Destroys, defaces, or otherwise damages property in a transit vehicle or at a transit facility;
(k) Throws an object in a transit vehicle, at a transit facility, or at any person at a transit facility with intent to do harm;
(l) Possesses an unissued transfer or fare media or tenders an unissued transfer or fare media as proof of fare payment;
(m) Falsely claims to be a transit operator or other transit employee or through words, actions, or the use of clothes, insignia, or equipment resembling department-issued uniforms and equipment, creates a false impression that he or she is a transit operator or other transit employee;
(n) Engages in gambling or any game of chance for the winning of money or anything of value;
(o) Skates on roller skates or in-line skates, or rides in or upon or by any means a coaster, skateboard, toy vehicle, or any similar device. However, a person may walk while wearing skates or carry a skateboard while on or in a transit vehicle or in or at a transit station if that conduct is not otherwise prohibited by law; or
(p) Engages in other conduct that is inconsistent with the intended use and purpose of the transit facility, transit station, or transit vehicle and refuses to obey the lawful commands of an agent of the transit authority or a peace officer to cease such conduct.
(2) For the purposes of this section:
(a) “Transit station” or “transit facility” means all passenger facilities, structures, stops, shelters, bus zones, properties, and rights-of-way of all kinds that are owned, leased, held, or used by a transit authority for the purpose of providing public transportation services.
(b) “Transit vehicle” means any motor vehicle, street car, train, trolley vehicle, ferry boat, or any other device, vessel, or vehicle that is owned or operated by a transit authority or an entity providing service on behalf of a transit authority that is used for the purpose of carrying passengers on a regular schedule.
(c) “Transit authority” means a city transit system under RCW 35.58.2721 or chapter 35.95A RCW, a county transportation authority under chapter 36.57 RCW, a metropolitan municipal corporation transit system under chapter 36.56 RCW, a public transportation benefit area under chapter 36.57A RCW, an unincorporated transportation benefit area under RCW 36.57.100, a regional transportation authority under chapter 81.112 RCW, or any special purpose district formed to operate a public transportation system.
(3) Any person who violates this section is guilty of a misdemeanor.
CREDIT(S)
[2009 c 279 § 3, eff. July 26, 2009; 2004 c 118 § 1, eff. June 10, 2004; 1994 c 45 § 4; 1992 c 77 § 1; 1984 c 167 § 1.]
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.91.030
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.91. Miscellaneous Crimes (Refs & Annos)
9.91.030. Repealed by Laws 1971, Ex.Sess., ch. 308, § 69.50.606
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.91.040
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.91. Miscellaneous Crimes (Refs & Annos)
9.91.040. Repealed by Laws 1975, 1st Ex.Sess., ch. 260, § 9A.92.010, eff. July 1, 1976
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.91.050
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.91. Miscellaneous Crimes (Refs & Annos)
9.91.050. Repealed by Laws 1988, ch. 120, § 11
Current with 2013 Legislation effective through June 7, 2013
West's RCWA 9.91.055
Effective:[See Text Amendments]
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.91. Miscellaneous Crimes (Refs & Annos)
9.91.055. Repealed by Laws 1988, ch. 120, § 11
Current with 2013 Legislation