reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 9A - Washington Criminal Code › Chapter 9A.44 - Sex Offenses. › 9A.44.120 - Admissibility of child's statement—Conditions.

RCW 9A.44.120
Admissibility of child's statement—Conditions.
(1) A statement not otherwise admissible by statute or court rule, is admissible in evidence in dependency proceedings under Title 13 RCW and criminal proceedings, including juvenile offense adjudications, in the courts of the state of Washington if:
(a)(i) It is made by a child when under the age of ten describing any act of sexual contact performed with or on the child by another, describing any attempted act of sexual contact with or on the child by another, or describing any act of physical abuse of the child by another that results in substantial bodily harm as defined by RCW 9A.04.110; or
(ii) It is made by a child when under the age of sixteen describing any of the following acts or attempted acts performed with or on the child: Trafficking under RCW 9A.40.100; commercial sexual abuse of a minor under RCW 9.68A.100; 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;
(b) The court finds, in a hearing conducted outside the presence of the jury, that the time, content, and circumstances of the statement provide sufficient indicia of reliability; and
(c) The child either:
(i) Testifies at the proceedings; or
(ii) Is unavailable as a witness, except that when the child is unavailable as a witness, such statement may be admitted only if there is corroborative evidence of the act.
(2) A statement may not be admitted under this section unless the proponent of the statement makes known to the adverse party his or her intention to offer the statement and the particulars of the statement sufficiently in advance of the proceedings to provide the adverse party with a fair opportunity to prepare to meet the statement.
[ 2019 c 90 § 1; 1995 c 76 § 1; 1991 c 169 § 1; 1985 c 404 § 1; 1982 c 129 § 2.]
NOTES:
Severability—1982 c 129: See note following RCW 9A.04.080.
2023 Revised Code of Washington › Title 9A - Washington Criminal Code › Chapter 9A.44 - Sex Offenses. › 9A.44.132 - Failure to register as sex offender or kidnapping offender.

RCW 9A.44.132
Failure to register as sex offender or kidnapping offender.
(1) A person commits the crime of failure to register as a sex offender if the person has a duty to register under RCW 9A.44.130 for a felony sex offense and knowingly fails to comply with any of the requirements of RCW 9A.44.130.
(a) The failure to register as a sex offender pursuant to this subsection is a class C felony if the person has a duty to register under RCW 9A.44.130(1)(a) and:
(i) It is the person's first conviction for a felony failure to register; or
(ii) The person has previously been convicted of a felony failure to register as a sex offender in this state or pursuant to the laws of another state, or pursuant to federal law.
(b) If a person has a duty to register under RCW 9A.44.130(1)(a) and has been convicted of a felony failure to register as a sex offender in this state or pursuant to the laws of another state, or pursuant to federal law, on two or more prior occasions, the failure to register under this subsection is a class B felony.
(c) The failure to register as a sex offender is a gross misdemeanor if the person has a duty to register under RCW 9A.44.130(1)(b).
(2) A person is guilty of failure to register as a sex offender if the person has a duty to register under RCW 9A.44.130 for a sex offense other than a felony and knowingly fails to comply with any of the requirements of RCW 9A.44.130. The failure to register as a sex offender under this subsection is a gross misdemeanor.
(3) A person commits the crime of failure to register as a kidnapping offender if the person has a duty to register under RCW 9A.44.130 for a kidnapping offense and knowingly fails to comply with any of the requirements of RCW 9A.44.130.
(a) If the person has a duty to register for a felony kidnapping offense, the failure to register as a kidnapping offender is a class C felony.
(b) If the person has a duty to register for a kidnapping offense other than a felony, the failure to register as a kidnapping offender is a gross misdemeanor.
(4) Unless relieved of the duty to register pursuant to RCW 9A.44.141 and 9A.44.142, a violation of this section is an ongoing offense for purposes of the statute of limitations under RCW 9A.04.080.
[ 2023 c 150 § 6; 2019 c 443 § 4; 2015 c 261 § 5; 2011 c 337 § 5; 2010 c 267 § 3.]
NOTES:
Findings—Intent—2023 c 150: See note following RCW 9A.44.130.
Short title—Findings—2019 c 443: See notes following RCW 43.43.754.
Application—2010 c 267: See note following RCW 9A.44.128.
2023 Revised Code of Washington › Title 9A - Washington Criminal Code › Chapter 9A.44 - Sex Offenses. › 9A.44.141 - Investigation—End of duty to register—Removal from registry—Civil liability.

RCW 9A.44.141
Investigation—End of duty to register—Removal from registry—Civil liability.
(1) Upon the request of a person who is listed in the Washington state patrol central registry of sex offenders and kidnapping offenders, the county sheriff shall investigate whether a person's duty to register has ended by operation of law pursuant to RCW 9A.44.140.
(a) Using available records, the county sheriff shall verify that the offender has spent the requisite time in the community and has not been convicted of a disqualifying offense.
(b) If the county sheriff determines the person's duty to register has ended by operation of law, the county sheriff shall request the Washington state patrol remove the person's name from the central registry.
(2) Nothing in this subsection prevents a county sheriff from investigating, upon his or her own initiative, whether a person's duty to register has ended by operation of law pursuant to RCW 9A.44.140.
(3)(a) A person who is listed in the central registry as the result of a federal, tribal, or out-of-state conviction may request the county sheriff to investigate whether the person should be removed from the registry if:
(i) A court or other administrative authority in the person's state of conviction has made an individualized determination that the person is not required to register; and
(ii) The person provides proof of relief from registration to the county sheriff.
(b) If the county sheriff determines the person has been relieved of the duty to register in his or her state of conviction, the county sheriff shall request the Washington state patrol remove the person's name from the central registry.
(4) An appointed or elected public official, public employee, or public agency as defined in RCW 4.24.470, or units of local government and its employees, as provided in RCW 36.28A.010, are immune from civil liability for damages for removing or requesting the removal of a person from the central registry of sex offenders and kidnapping offenders or the failure to remove or request removal of a person within the time frames provided in RCW 9A.44.140.
[ 2015 c 261 § 7; 2011 c 337 § 6; 2010 c 267 § 5.]
NOTES:
Application—2010 c 267: See note following RCW 9A.44.128.
2023 Revised Code of Washington › Title 9A - Washington Criminal Code › Chapter 9A.44 - Sex Offenses. › 9A.44.144 - Relief from duty to register—Juvenile offenders.

RCW 9A.44.144
Relief from duty to register—Juvenile offenders. (Effective November 1, 2023.)
(1) For a person who is not an adult, any existing legal obligation to register as a sex offender is extinguished on November 1, 2023, if the person no longer has a duty to register under RCW 9A.44.130(1)(b).
(2) For a person who has an existing legal obligation to register under RCW 9A.44.130(1)(b), the obligation shall extinguish two or three years after the last date of release from confinement, including full-time residential treatment, if any, or entry of disposition according to the applicable registration period required under RCW 9A.44.140(4).
(3) By December 1, 2023, each registering agency shall conduct an individual review and remove all persons from the sex offender registry whose obligation to register is based on an offense committed while the person was under 18 years of age, unless the individual has a legal obligation to register under subsection (2) of this section.
[ 2023 c 150 § 10.]
NOTES:
Effective date—2023 c 150 § 10: "Section 10 of this act takes effect November 1, 2023." [ 2023 c 150 § 12.]
Findings—Intent—2023 c 150: See note following RCW 9A.44.130.
2023 Revised Code of Washington › Title 9A - Washington Criminal Code › Chapter 9A.44 - Sex Offenses. › 9A.44.145 - Notification to offenders of changed requirements and ability to petition for relief from registration.

RCW 9A.44.145
Notification to offenders of changed requirements and ability to petition for relief from registration.
(1) The state patrol shall notify:
(a) Registered sex and kidnapping offenders of any change to the registration requirements, including the extinguishment of a legal obligation to register under RCW 9A.44.144;
(b) No less than annually, an offender having a duty to register under RCW 9A.44.143 for a sex offense or kidnapping offense committed when the offender was a juvenile of their ability to petition for relief from registration as provided in RCW 9A.44.140; and
(c) A school's or institution's designated recipient of records under RCW 9A.44.138 regarding the extinguishment of a student's legal obligation to register under RCW 9A.44.144.
(2) For economic efficiency, the state patrol may combine the notices in this section into one notice.
[ 2023 c 150 § 11; 2010 c 267 § 8; 2009 c 210 § 1; 1998 c 139 § 2.]
NOTES:
Findings—Intent—2023 c 150: See note following RCW 9A.44.130.
Application—2010 c 267: See note following RCW 9A.44.128.
2023 Revised Code of Washington › Title 9A - Washington Criminal Code › Chapter 9A.44 - Sex Offenses. › 9A.44.160 - Custodial sexual misconduct in the first degree.

RCW 9A.44.160
Custodial sexual misconduct in the first degree.
(1) A person is guilty of custodial sexual misconduct in the first degree when the person has sexual intercourse with another person:
(a) When:
(i) The victim is a resident of a state, county, or city adult or juvenile correctional facility, including but not limited to jails, prisons, detention centers, or work release facilities, or is under correctional supervision; and
(ii) The perpetrator is an employee or contract personnel of a correctional agency and the perpetrator has, or the victim reasonably believes the perpetrator has, the ability to influence the terms, conditions, length, or fact of incarceration or correctional supervision; or
(b) When the victim is being detained, under arrest, or in the custody of a law enforcement officer and the perpetrator is a law enforcement officer.
(2) Consent of the victim is not a defense to a prosecution under this section.
(3) Custodial sexual misconduct in the first degree is a class B felony.
[ 2023 c 7 § 1; 1999 c 45 § 1.]
NOTES:
Short title—2023 c 7: "This act may be known and cited as Kimberly Bender's law." [ 2023 c 7 § 4.]
2023 Revised Code of Washington › Title 9A - Washington Criminal Code › Chapter 9A.44 - Sex Offenses. › 9A.44.170 - Custodial sexual misconduct in the second degree.

RCW 9A.44.170
Custodial sexual misconduct in the second degree.
(1) A person is guilty of custodial sexual misconduct in the second degree when the person has sexual contact with another person:
(a) When:
(i) The victim is a resident of a state, county, or city adult or juvenile correctional facility, including but not limited to jails, prisons, detention centers, or work release facilities, or is under correctional supervision; and
(ii) The perpetrator is an employee or contract personnel of a correctional agency and the perpetrator has, or the victim reasonably believes the perpetrator has, the ability to influence the terms, conditions, length, or fact of incarceration or correctional supervision; or
(b) When the victim is being detained, under arrest, or in the custody of a law enforcement officer and the perpetrator is a law enforcement officer.
(2) Consent of the victim is not a defense to a prosecution under this section.
(3) Custodial sexual misconduct in the second degree is a class C felony.
[ 2023 c 7 § 2; 1999 c 45 § 2.]
NOTES:
Short title—2023 c 7: See note following RCW 9A.44.160.
2023 Revised Code of Washington › Title 9A - Washington Criminal Code › Chapter 9A.44 - Sex Offenses. › 9A.44.180 - Custodial sexual misconduct—Defense.

RCW 9A.44.180
Custodial sexual misconduct—Defense.
It is an affirmative defense to prosecution under RCW 9A.44.160 or 9A.44.170, to be proven by the defendant by a preponderance of the evidence, that the act of sexual intercourse or sexual contact resulted from forcible compulsion by the other person.
[ 1999 c 45 § 3.]
2023 Revised Code of Washington › Title 9A - Washington Criminal Code › Chapter 9A.44 - Sex Offenses. › 9A.44.193 - Criminal trespass against children—Covered entities.

RCW 9A.44.193
Criminal trespass against children—Covered entities.
(1) An owner, manager, or operator of a covered entity may order a covered offender from the legal premises of a covered entity as provided under this section. To do this, the owner, manager, or operator of a covered entity must first provide the covered offender, or cause the covered offender to be provided, personal service of a written notice that informs the covered offender that:
(a) The covered offender must leave the legal premises of the covered entity and may not return without the written permission of the covered entity; and
(b) If the covered offender refuses to leave the legal premises of the covered entity, or thereafter returns and enters within the legal premises of the covered entity without written permission, the offender may be charged and prosecuted for a felony offense as provided in RCW 9A.44.196.
(2) A covered entity may give written permission of entry and use to a covered offender to enter and remain on the legal premises of the covered entity at particular times and for lawful purposes, including, but not limited to, conducting business, voting, or participating in educational or recreational activities. Any written permission of entry and use of the legal premises of a covered entity must be clearly stated in a written document and must be personally served on the covered offender. If the covered offender violates the conditions of entry and use contained in a written document personally served on the offender by the covered entity, the covered offender may be charged and prosecuted for a felony offense as provided in RCW 9A.44.196.
(3) An owner, employee, or agent of a covered entity shall be immune from civil liability for damages arising from excluding or failing to exclude a covered offender from a covered entity or from imposing or failing to impose conditions of entry and use on a covered offender.
(4) A person provided with written notice from a covered entity under this section may file a petition with the district court alleging that he or she does not meet the definition of "covered offender" in RCW 9A.44.190. The district court must conduct a hearing on the petition within thirty days of the petition being filed. In the hearing on the petition, the person has the burden of proving that he or she is not a covered offender. If the court finds, by a preponderance of the evidence, that the person is not a covered offender, the court shall order the covered entity to rescind the written notice and shall order the covered entity to pay the person's costs and reasonable attorneys' fees.
[ 2006 c 126 § 5; 2006 c 125 § 3.]
NOTES:
Effective date—2006 c 126 §§ 1 and 3-7: See note following RCW 9A.44.130.
Intent—Severability—Effective date—2006 c 125: See notes following RCW 9A.44.190.
2023 Revised Code of Washington › Title 9A - Washington Criminal Code › Chapter 9A.44 - Sex Offenses. › 9A.44.196 - Criminal trespass against children.

RCW 9A.44.196
Criminal trespass against children.
(1) A person is guilty of the crime of criminal trespass against children if he or she:
(a) Is a covered offender as defined in RCW 9A.44.190; and
(b)(i) Is personally served with written notice complying with the requirements of RCW 9A.44.193 that excludes the covered offender from the legal premises of the covered entity and remains upon or reenters the legal premises of the covered entity; or
(ii) Is personally served with written notice complying with the requirements of RCW 9A.44.193 that imposes conditions of entry and use on the covered offender and violates the conditions of entry and use.
(2) Criminal trespass against children is a class C felony.
[ 2006 c 126 § 6; 2006 c 125 § 4.]
NOTES:
Effective date—2006 c 126 §§ 1 and 3-7: See note following RCW 9A.44.130.
Intent—Severability—Effective date—2006 c 125: See notes following RCW 9A.44.190.
2023 Revised Code of Washington › Title 9A - Washington Criminal Code › Chapter 9A.44 - Sex Offenses. › 9A.44.900 - Decodifications and additions to this chapter.

RCW 9A.44.900
Decodifications and additions to this chapter.
RCW 9.79.140, 9.79.150, 9.79.160, 9.79.170 as now or hereafter amended, 9.79.180 as now or hereafter amended, 9.79.190 as now or hereafter amended, 9.79.200 as now or hereafter amended, 9.79.210 as now or hereafter amended, 9.79.220 as now or hereafter amended, 9A.88.020, and 9A.88.100 are each decodified and are each added to Title 9A RCW as a new chapter with the designation chapter 9A.44 RCW.
[ 1979 ex.s. c 244 § 17.]
2023 Revised Code of Washington › Title 9A - Washington Criminal Code › Chapter 9A.44 - Sex Offenses. › 9A.44.901 - Construction—Sections decodified and added to this chapter.

RCW 9A.44.901
Construction—Sections decodified and added to this chapter.
The sections decodified by RCW 9A.44.900 and added to Title 9A RCW as a new chapter with the designation chapter 9A.44 RCW shall be construed as part of Title 9A RCW.
[ 1979 ex.s. c 244 § 18.]
2023 Revised Code of Washington › Title 9A - Washington Criminal Code › Chapter 9A.44 - Sex Offenses. › 9A.44.902 - Effective date—1979 ex.s. c 244.

RCW 9A.44.902
Effective date—1979 ex.s. c 244.
This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect on July 1, 1979.
[ 1979 ex.s. c 244 § 19.]
2023 Revised Code of Washington › Title 9A - Washington Criminal Code › Chapter 9A.44 - Sex Offenses. › 9A.44.903 - Section captions—1988 c 145.

RCW 9A.44.903
Section captions—1988 c 145.
Section captions as used in this chapter do not constitute any part of the law.
[ 1988 c 145 § 22.]
NOTES:
Effective date—Savings—Application—1988 c 145: See notes following RCW 9A.44.010.
2023 Revised Code of Washington › Title 9A - Washington Criminal Code › Chapter 9A.44 - Sex Offenses. › 9A.44.904 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.

RCW 9A.44.904
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.
[ 2009 c 521 § 24.]
2023 Revised Code of Washington › Title 9A - Washington Criminal Code › Chapter 9A.46 - Harassment. › 9A.46.010 - Legislative finding.

RCW 9A.46.010
Legislative finding.
The legislature finds that the prevention of serious, personal harassment is an important government objective. Toward that end, this chapter is aimed at making unlawful the repeated invasions of a person's privacy by acts and threats which show a pattern of harassment designed to coerce, intimidate, or humiliate the victim.
The legislature further finds that the protection of such persons from harassment can be accomplished without infringing on constitutionally protected speech or activity.
[ 1985 c 288 § 1.]
2023 Revised Code of Washington › Title 9A - Washington Criminal Code › Chapter 9A.46 - Harassment. › 9A.46.030 - Place where committed.

RCW 9A.46.030
Place where committed.
Any harassment offense committed as set forth in RCW 9A.46.020 or 9A.46.110 may be deemed to have been committed where the conduct occurred or at the place from which the threat or threats were made or at the place where the threats were received.
[ 1992 c 186 § 3; 1985 c 288 § 3.]
NOTES:
Severability—1992 c 186: See note following RCW 9A.46.110.
2023 Revised Code of Washington › Title 9A - Washington Criminal Code › Chapter 9A.46 - Harassment. › 9A.46.040 - Court-ordered requirements upon person charged with crime—Violation.

RCW 9A.46.040
Court-ordered requirements upon person charged with crime—Violation.
(1) Because of the likelihood of repeated harassment directed at those who have been victims of harassment in the past, when any defendant charged with a crime involving harassment is released from custody before trial on bail or personal recognizance, the court authorizing the release may issue an order pursuant to this chapter and require that the defendant:
(a) Stay away from the home, school, business, or place of employment of the victim or victims of the alleged offense or other location, as shall be specifically named by the court in the order;
(b) Refrain from contacting, intimidating, threatening, or otherwise interfering with the victim or victims of the alleged offense and such other persons, including but not limited to members of the family or household of the victim, as shall be specifically named by the court in the order.
(2) Willful violation of a court order issued under this section or an equivalent local ordinance is a gross misdemeanor. The written order releasing the defendant shall contain the court's directives and shall bear the legend: Violation of this order is a criminal offense under this chapter. A certified copy of the order shall be provided to the victim by the clerk of the court.
(3) If the defendant is charged with the crime of stalking or any other stalking-related offense under RCW 9A.46.060, and the court issues an order protecting the victim, the court shall issue a stalking no-contact order pursuant to RCW 9A.46.055.
[ 2021 c 215 § 108; 2013 c 84 § 27; 2012 c 223 § 1; 2011 c 307 § 4; 1985 c 288 § 4.]
NOTES:
Effective date—2022 c 268; 2021 c 215: See note following RCW 7.105.900.
2023 Revised Code of Washington › Title 9A - Washington Criminal Code › Chapter 9A.46 - Harassment. › 9A.46.050 - Arraignment—No-contact order.

RCW 9A.46.050
Arraignment—No-contact order.
A defendant who is charged by citation, complaint, or information with an offense involving harassment and not arrested shall appear in court for arraignment in person as soon as practicable, but in no event later than fourteen days after the next day on which court is in session following the issuance of the citation or the filing of the complaint or information. At that appearance, the court shall determine the necessity of imposing a no-contact or no-harassment order, and consider the provisions of RCW 9.41.800, or other conditions of pretrial release according to the procedures established by court rule for preliminary appearance or an arraignment.
[ 1994 sp.s. c 7 § 447; 1985 c 288 § 5.]
NOTES:
Finding—Intent—Severability—1994 sp.s. c 7: See notes following RCW 43.70.540.
Effective date—1994 sp.s. c 7 §§ 401-410, 413-416, 418-437, and 439-460: See note following RCW 9.41.010.
2023 Revised Code of Washington › Title 9A - Washington Criminal Code › Chapter 9A.46 - Harassment. › 9A.46.070 - Enforcement of orders restricting contact.

RCW 9A.46.070
Enforcement of orders restricting contact.
Any law enforcement agency in this state may enforce this chapter as it relates to orders restricting the defendants' ability to have contact with the victim or others.
[ 1985 c 288 § 7.]
2023 Revised Code of Washington › Title 9A - Washington Criminal Code › Chapter 9A.46 - Harassment. › 9A.46.080 - Order restricting contact—Violation.

RCW 9A.46.080
Order restricting contact—Violation.
The victim shall be informed by local law enforcement agencies or the prosecuting attorney of the final disposition of the case in which the victim is involved. If a defendant is found guilty of a crime of harassment and a condition of the sentence restricts the defendant's ability to have contact with the victim or witnesses, the condition shall be recorded and a written certified copy of that order shall be provided to the victim or witnesses by the clerk of the court. Willful violation of a court order issued under this section or an equivalent local ordinance is a gross misdemeanor. The written order shall contain the court's directives and shall bear the legend: Violation of this order is a criminal offense under chapter 9A.46 RCW and will subject a violator to arrest.
[ 2012 c 223 § 2; 2011 c 307 § 5; 1985 c 288 § 8.]
2023 Revised Code of Washington › Title 9A - Washington Criminal Code › Chapter 9A.46 - Harassment. › 9A.46.085 - Stalking no-contact orders—Appearance before magistrate required.

RCW 9A.46.085
Stalking no-contact orders—Appearance before magistrate required.
(1) A defendant arrested for stalking as defined by RCW 9A.46.110 shall be required to appear in person before a magistrate within one judicial day after the arrest.
(2) At the time of appearance provided in subsection (1) of this section the court shall determine the necessity of imposing a stalking no-contact order under this chapter.
(3) Appearances required pursuant to this section are mandatory and cannot be waived.
(4) The stalking no-contact order shall be issued and entered with the appropriate law enforcement agency pursuant to the procedures outlined in this chapter.
[ 2021 c 215 § 110; 2013 c 84 § 28.]
NOTES:
Effective date—2022 c 268; 2021 c 215: See note following RCW 7.105.900.
2023 Revised Code of Washington › Title 9A - Washington Criminal Code › Chapter 9A.46 - Harassment. › 9A.46.090 - Nonliability of peace officer.

RCW 9A.46.090
Nonliability of peace officer.
A peace officer shall not be held liable in any civil action for an arrest based on probable cause, enforcement in good faith of a court order, or any other action or omission in good faith under this chapter arising from an alleged incident of harassment brought by any party to the incident.
[ 1985 c 288 § 9.]
2023 Revised Code of Washington › Title 9A - Washington Criminal Code › Chapter 9A.46 - Harassment. › 9A.46.100 - "Convicted," time when.

RCW 9A.46.100
"Convicted," time when.
As used in RCW 9.61.230, * 9.61.260, 9A.46.020, or 9A.46.110, a person has been "convicted" at such time as a plea of guilty has been accepted or a verdict of guilty has been filed, notwithstanding the pendency of any future proceedings including but not limited to sentencing, posttrial motions, and appeals.
[ 2004 c 94 § 5; 1992 c 186 § 5; 1985 c 288 § 10.]
NOTES:
*Reviser's note: RCW 9.61.260 was recodified as RCW 9A.90.120 pursuant to 2022 c 231 § 4.
Severability—Effective dates—2004 c 94: See notes following RCW 9A.90.120.
Severability—1992 c 186: See note following RCW 9A.46.110.
2023 Revised Code of Washington › Title 9A - Washington Criminal Code › Chapter 9A.46 - Harassment. › 9A.46.120 - Criminal gang intimidation.

RCW 9A.46.120
Criminal gang intimidation.
A person commits the offense of criminal gang intimidation if the person threatens another person with bodily injury because the other person refuses to join or has attempted to withdraw from a gang, as defined in RCW 28A.600.455, if the person who threatens the victim or the victim attends or is registered in a public or alternative school. Criminal gang intimidation is a class C felony.
[ 1997 c 266 § 3.]
NOTES:
Findings—Intent—Severability—1997 c 266: See notes following RCW 28A.600.455.
2023 Revised Code of Washington › Title 9A - Washington Criminal Code › Chapter 9A.46 - Harassment. › 9A.46.905 - Effective date—1985 c 288.

RCW 9A.46.905
Effective date—1985 c 288.
This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect May 1, 1985.
[ 1985 c 288 § 15.]
2023 Revised Code of Washington › Title 9A - Washington Criminal Code › Chapter 9A.48 - Arson, Reckless Burning, and Malicious Mischief. › 9A.48.010 - Definitions.

RCW 9A.48.010
Definitions.
(1) For the purpose of this chapter, unless the context indicates otherwise:
(a) "Building" has the definition in RCW 9A.04.110(5), and where a building consists of two or more units separately secured or occupied, each unit shall not be treated as a separate building;
(b) "Damages", in addition to its ordinary meaning, includes any charring, scorching, burning, or breaking, or agricultural or industrial sabotage, and shall include any diminution in the value of any property as a consequence of an act;
(c) "Property of another" means property in which the actor possesses anything less than exclusive ownership.
(2) To constitute arson it is not necessary that a person other than the actor has ownership in the building or structure damaged or set on fire.
[ 2002 c 32 § 1; 1975-'76 2nd ex.s. c 38 § 6; 1975 1st ex.s. c 260 § 9A.48.010.]
NOTES:
Effective date—2002 c 32: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 12, 2002]." [ 2002 c 32 § 2.]
Effective date—Severability—1975-'76 2nd ex.s. c 38: See notes following RCW 9A.08.020.
2023 Revised Code of Washington › Title 9A - Washington Criminal Code › Chapter 9A.48 - Arson, Reckless Burning, and Malicious Mischief. › 9A.48.020 - Arson in the first degree.

RCW 9A.48.020
Arson in the first degree.
(1) A person is guilty of arson in the first degree if he or she knowingly and maliciously:
(a) Causes a fire or explosion which is manifestly dangerous to any human life, including firefighters; or
(b) Causes a fire or explosion which damages a dwelling; or
(c) Causes a fire or explosion in any building in which there shall be at the time a human being who is not a participant in the crime; or
(d) Causes a fire or explosion on property valued at ten thousand dollars or more with intent to collect insurance proceeds.
(2) Arson in the first degree is a class A felony.
[ 2007 c 218 § 63; 1981 c 203 § 2; 1975 1st ex.s. c 260 § 9A.48.020.]
NOTES:
Intent—Finding—2007 c 218: See note following RCW 41.08.020.
2023 Revised Code of Washington › Title 9A - Washington Criminal Code › Chapter 9A.48 - Arson, Reckless Burning, and Malicious Mischief. › 9A.48.030 - Arson in the second degree.

RCW 9A.48.030
Arson in the second degree.
(1) A person is guilty of arson in the second degree if he or she knowingly and maliciously causes a fire or explosion which damages a building, or any structure or erection appurtenant to or joining any building, or any wharf, dock, machine, engine, automobile, or other motor vehicle, watercraft, aircraft, bridge, or trestle, or hay, grain, crop, or timber, whether cut or standing or any range land, or pasture land, or any fence, or any lumber, shingle, or other timber products, or any property.
(2) Arson in the second degree is a class B felony.
[ 2011 c 336 § 366; 1975 1st ex.s. c 260 § 9A.48.030.]
2023 Revised Code of Washington › Title 9A - Washington Criminal Code › Chapter 9A.48 - Arson, Reckless Burning, and Malicious Mischief. › 9A.48.040 - Reckless burning in the first degree.

RCW 9A.48.040
Reckless burning in the first degree.
(1) A person is guilty of reckless burning in the first degree if he or she recklessly damages a building or other structure or any vehicle, railway car, aircraft, or watercraft or any hay, grain, crop, or timber whether cut or standing, by knowingly causing a fire or explosion.
(2) Reckless burning in the first degree is a class C felony.
[ 2011 c 336 § 367; 1975 1st ex.s. c 260 § 9A.48.040.]
2023 Revised Code of Washington › Title 9A - Washington Criminal Code › Chapter 9A.48 - Arson, Reckless Burning, and Malicious Mischief. › 9A.48.050 - Reckless burning in the second degree.

RCW 9A.48.050
Reckless burning in the second degree.
(1) A person is guilty of reckless burning in the second degree if he or she knowingly causes a fire or explosion, whether on his or her own property or that of another, and thereby recklessly places a building or other structure, or any vehicle, railway car, aircraft, or watercraft, or any hay, grain, crop or timber, whether cut or standing, in danger of destruction or damage.
(2) Reckless burning in the second degree is a gross misdemeanor.
[ 2011 c 336 § 368; 1975 1st ex.s. c 260 § 9A.48.050.]
2023 Revised Code of Washington › Title 9A - Washington Criminal Code › Chapter 9A.48 - Arson, Reckless Burning, and Malicious Mischief. › 9A.48.060 - Reckless burning—Defense.

RCW 9A.48.060
Reckless burning—Defense.
In any prosecution for the crime of reckless burning in the first or second degrees, it shall be a defense if the defendant establishes by a preponderance of the evidence that:
(a) No person other than the defendant had a possessory, or pecuniary interest in the damaged or endangered property, or if other persons had such an interest, all of them consented to the defendant's conduct; and
(b) The defendant's sole intent was to destroy or damage the property for a lawful purpose.
[ 1975 1st ex.s. c 260 § 9A.48.060.]
2023 Revised Code of Washington › Title 9A - Washington Criminal Code › Chapter 9A.48 - Arson, Reckless Burning, and Malicious Mischief. › 9A.48.070 - Malicious mischief in the first degree.

RCW 9A.48.070
Malicious mischief in the first degree.
(1) A person is guilty of malicious mischief in the first degree if he or she knowingly and maliciously:
(a) Causes physical damage to the property of another in an amount exceeding five thousand dollars;
(b) Causes an interruption or impairment of service rendered to the public by physically damaging or tampering with an emergency vehicle or property of the state, a political subdivision thereof, or a public utility or mode of public transportation, power, or communication;
(c) Causes an impairment of the safety, efficiency, or operation of an aircraft by physically damaging or tampering with the aircraft or aircraft equipment, fuel, lubricant, or parts; or
(d) Causes an interruption or impairment of service rendered to the public by, without lawful authority, physically damaging, destroying, or removing an official ballot deposit box or ballot drop box or, without lawful authority, damaging, destroying, removing, or tampering with the contents thereof.
(2) Malicious mischief in the first degree is a class B felony.
[ 2017 c 283 § 1; 2009 c 431 § 4; 1983 1st ex.s. c 4 § 1; 1975 1st ex.s. c 260 § 9A.48.070.]
NOTES:
Applicability—2009 c 431: See note following RCW 4.24.230.
Severability—1983 1st ex.s. c 4: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1983 1st ex.s. c 4 § 6.]
Property crime database, liability: RCW 4.24.340.
2023 Revised Code of Washington › Title 9A - Washington Criminal Code › Chapter 9A.48 - Arson, Reckless Burning, and Malicious Mischief. › 9A.48.080 - Malicious mischief in the second degree.

RCW 9A.48.080
Malicious mischief in the second degree.
(1) A person is guilty of malicious mischief in the second degree if he or she knowingly and maliciously:
(a) Causes physical damage to the property of another in an amount exceeding seven hundred fifty dollars;
(b) Creates a substantial risk of interruption or impairment of service rendered to the public, by physically damaging or tampering with an emergency vehicle or property of the state, a political subdivision thereof, or a public utility or mode of public transportation, power, or communication; or
(c) Creates a substantial risk of interruption or impairment of service rendered to the public by, without lawful authority, physically damaging, destroying, or removing an official ballot deposit box or ballot drop box or, without lawful authority, damaging, destroying, removing, or tampering with the contents thereof.
(2) Malicious mischief in the second degree is a class C felony.
[ 2017 c 283 § 2; 2009 c 431 § 5; 1994 c 261 § 17; 1979 c 145 § 2; 1975 1st ex.s. c 260 § 9A.48.080.]
NOTES:
Applicability—2009 c 431: See note following RCW 4.24.230.
Finding—Intent—1994 c 261: See note following RCW 16.52.011.
Action by owner of stolen livestock: RCW 4.24.320.
Property crime database, liability: RCW 4.24.340.
2023 Revised Code of Washington › Title 9A - Washington Criminal Code › Chapter 9A.48 - Arson, Reckless Burning, and Malicious Mischief. › 9A.48.090 - Malicious mischief in the third degree.

RCW 9A.48.090
Malicious mischief in the third degree.
(1) A person is guilty of malicious mischief in the third degree if he or she:
(a) Knowingly and maliciously causes physical damage to the property of another, under circumstances not amounting to malicious mischief in the first or second degree; or
(b) Writes, paints, or draws any inscription, figure, or mark of any type on any public or private building or other structure or any real or personal property owned by any other person unless the person has obtained the express permission of the owner or operator of the property, under circumstances not amounting to malicious mischief in the first or second degree.
(2) Malicious mischief in the third degree is a gross misdemeanor.
[ 2009 c 431 § 6; 2003 c 53 § 71; 1996 c 35 § 1; 1975 1st ex.s. c 260 § 9A.48.090.]
NOTES:
Applicability—2009 c 431: See note following RCW 4.24.230.
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
Property crime database, liability: RCW 4.24.340.
2023 Revised Code of Washington › Title 9A - Washington Criminal Code › Chapter 9A.48 - Arson, Reckless Burning, and Malicious Mischief. › 9A.48.100 - Malicious mischief—"Physical damage" defined.

RCW 9A.48.100
Malicious mischief—"Physical damage" defined.
For the purposes of RCW 9A.48.070 through 9A.48.090 inclusive:
(1) "Physical damage," in addition to its ordinary meaning, shall include the total or partial alteration, damage, obliteration, or erasure of records, information, data, computer programs, or their computer representations, which are recorded for use in computers or the impairment, interruption, or interference with the use of such records, information, data, or computer programs, or the impairment, interruption, or interference with the use of any computer or services provided by computers. "Physical damage" also includes any diminution in the value of any property as the consequence of an act and the cost to repair any physical damage;
(2) If more than one item of property is physically damaged as a result of a common scheme or plan by a person and the physical damage to the property would, when considered separately, constitute mischief in the third degree because of value, then the value of the damages may be aggregated in one count. If the sum of the value of all the physical damages exceeds two hundred fifty dollars, the defendant may be charged with and convicted of malicious mischief in the second degree.
[ 2013 c 322 § 1; 1984 c 273 § 4; 1981 c 260 § 2. Prior: 1979 ex.s. c 244 § 11; 1979 c 145 § 3; 1977 ex.s. c 174 § 1; 1975 1st ex.s. c 260 § 9A.48.100.]
NOTES:
Effective date—1979 ex.s. c 244: See RCW 9A.44.902.
Action by owner of stolen livestock: RCW 4.24.320.
Computer trespass: RCW 9A.90.040 and 9A.90.050.
2023 Revised Code of Washington › Title 9A - Washington Criminal Code › Chapter 9A.48 - Arson, Reckless Burning, and Malicious Mischief. › 9A.48.105 - Criminal street gang tagging and graffiti.

RCW 9A.48.105
Criminal street gang tagging and graffiti.
(1) A person is guilty of criminal street gang tagging and graffiti if he or she commits malicious mischief in the third degree under RCW 9A.48.090(1)(b) and he or she:
(a) Has multiple current convictions for malicious mischief in the third degree offenses under RCW 9A.48.090(1)(b); or
(b) Has previously been convicted for a malicious mischief in the third degree offense under RCW 9A.48.090(1)(b) or a comparable offense under a municipal code provision of any city or town; and
(c) The current offense or one of the current offenses is a "criminal street gang-related offense" as defined in RCW 9.94A.030.
(2) Criminal street gang tagging and graffiti is a gross misdemeanor offense.
[ 2008 c 276 § 306.]
NOTES:
Severability—Part headings, subheadings not law—2008 c 276: See notes following RCW 36.28A.200.
2023 Revised Code of Washington › Title 9A - Washington Criminal Code › Chapter 9A.48 - Arson, Reckless Burning, and Malicious Mischief. › 9A.48.110 - Defacing a state monument.

RCW 9A.48.110
Defacing a state monument.
(1) A person is guilty of defacing a state monument if he or she knowingly defaces a monument or memorial on the state capitol campus or other state property.
(2) Defacing a state monument is a misdemeanor.
[ 1995 c 66 § 1.]
2023 Revised Code of Washington › Title 9A - Washington Criminal Code › Chapter 9A.48 - Arson, Reckless Burning, and Malicious Mischief. › 9A.48.120 - Civil disorder training.

RCW 9A.48.120
Civil disorder training.
(1) A person is guilty of civil disorder training if he or she teaches or demonstrates to any other person the use, application, or making of any device or technique capable of causing significant bodily injury or death to persons, knowing, or having reason to know or intending that same will be unlawfully employed for use in, or in furtherance of, a civil disorder.
(2) Civil disorder training is a class B felony.
(3) Nothing in this section makes unlawful any act of any law enforcement officer that is performed in the lawful performance of his or her official duties.
(4) Nothing in this section makes unlawful any act of firearms training, target shooting, or other firearms activity, so long as it is not done for the purpose of furthering a civil disorder.
(5) For the purposes of this section:
(a) "Civil disorder" means any public disturbance involving acts of violence that is intended to cause an immediate danger of, or to result in, significant injury to property or the person of any other individual.
(b) "Law enforcement officer" means any law enforcement officer as defined in RCW 9A.76.020(2) including members of the Washington national guard, as defined in RCW 38.04.010.
[ 2008 c 206 § 1; 2002 c 340 § 1.]
2023 Revised Code of Washington › Title 9A - Washington Criminal Code › Chapter 9A.49 - Lasers. › 9A.49.001 - Findings.

RCW 9A.49.001
Findings.
The legislature finds that lasers are becoming both less expensive and more accessible in our technologically advanced society. Laser devices are being used by individuals in a manner so as to intimidate and harass. This creates an especially serious problem for law enforcement officers who reasonably believe they are the target of a laser sighting device on a firearm. Additionally, emergency service providers, service providers, and others who operate aircraft or motor vehicles may be negatively affected to the point of jeopardizing their safety as well as the safety of others. In order to address the misuse of lasers, the legislature hereby finds it necessary to criminalize the discharge of lasers under certain circumstances.
[ 1999 c 180 § 1.]
2023 Revised Code of Washington › Title 9A - Washington Criminal Code › Chapter 9A.49 - Lasers. › 9A.49.010 - Definitions.

RCW 9A.49.010
Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Aircraft" means any contrivance known or hereafter invented, used, or designed for navigation of or flight in air.
(2) "Laser" means any device designed or used to amplify electromagnetic radiation by simulated [stimulated] emission which is visible to the human eye.
(3) "Laser sighting system or device" means any system or device which is integrated with or affixed to a firearm and which emits a laser light beam that is used by the shooter to assist in the sight alignment of that firearm.
[ 1999 c 180 § 2.]
2023 Revised Code of Washington › Title 9A - Washington Criminal Code › Chapter 9A.49 - Lasers. › 9A.49.020 - Unlawful discharge of a laser in the first degree.

RCW 9A.49.020
Unlawful discharge of a laser in the first degree.
(1) A person is guilty of unlawful discharge of a laser in the first degree if he or she knowingly and maliciously discharges a laser, under circumstances not amounting to malicious mischief in the first degree:
(a) At a law enforcement officer or other employee of a law enforcement agency who is performing his or her official duties in uniform or exhibiting evidence of his or her authority, and in a manner that would support that officer's or employee's reasonable belief that he or she is targeted with a laser sighting device or system; or
(b) At a law enforcement officer or other employee of a law enforcement agency who is performing his or her official duties, causing an impairment of the safety or operation of a law enforcement vehicle or causing an interruption or impairment of service rendered to the public by negatively affecting the officer or employee; or
(c) At a pilot, causing an impairment of the safety or operation of an aircraft or causing an interruption or impairment of service rendered to the public by negatively affecting the pilot; or
(d) At a firefighter or other employee of a fire department, county fire marshal's office, county fire prevention bureau, or fire protection district who is performing his or her official duties, causing an impairment of the safety or operation of an emergency vehicle or causing an interruption or impairment of service rendered to the public by negatively affecting the firefighter or employee; or
(e) At a transit operator or driver of a public or private transit company while that person is performing his or her official duties, causing an impairment of the safety or operation of a transit vehicle or causing an interruption or impairment of service rendered to the public by negatively affecting the operator or driver; or
(f) At a school bus driver employed by a school district or private company while the driver is performing his or her official duties, causing an impairment of the safety or operation of a school bus or causing an interruption or impairment of service by negatively affecting the bus driver.
(2) Except as provided in RCW 9A.49.040, unlawful discharge of a laser in the first degree is a class C felony.
[ 1999 c 180 § 3.]
2023 Revised Code of Washington › Title 9A - Washington Criminal Code › Chapter 9A.49 - Lasers. › 9A.49.030 - Unlawful discharge of a laser in the second degree.

RCW 9A.49.030
Unlawful discharge of a laser in the second degree.
(1) A person is guilty of unlawful discharge of a laser in the second degree if he or she knowingly and maliciously discharges a laser, under circumstances not amounting to unlawful discharge of a laser in the first degree or malicious mischief in the first or second degree:
(a) At a person, not described in RCW 9A.49.020(1) (a) through (f), who is operating a motor vehicle at the time, causing an impairment of the safety or operation of a motor vehicle by negatively affecting the driver; or
(b) At a person described in RCW 9A.49.020(1) (b) through (f), causing a substantial risk of an impairment or interruption as described in RCW 9A.49.020(1) (b) through (f); or
(c) At a person in order to intimidate or threaten that person.
(2) Except as provided in RCW 9A.49.040, unlawful discharge of a laser in the second degree is a gross misdemeanor.
[ 1999 c 180 § 4.]