H-0904.1                  _______________________________________________

 

                                                      HOUSE BILL 1783

                              _______________________________________________

 

State of Washington                              53rd Legislature                             1993 Regular Session

 

By Representatives Van Luven, Ludwig, Padden, Scott, Wineberry, Ballasiotes and Johanson

 

Read first time 02/08/93.  Referred to Committee on Judiciary.

 

Changing provisions relating to criminal property damage or destruction.


          AN ACT Relating to criminal property damage or destruction; and amending RCW 9A.48.010 and 9A.48.080.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

 

        Sec. 1.  RCW 9A.48.010 and 1975-'76 2nd ex.s. c 38 s 6 are each amended to read as follows:

          (1) For the purpose of this chapter, as now or hereinafter amended, 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) "Malicious" or "maliciously," for purposes of RCW 9A.48.070 through 9A.48.100, exists either when a person (i) acts with the state of mind specified in RCW 9A.04.110(12); or (ii) intentionally damages or destroys property without having any reasonable belief that he or she is authorized to do so.

          (2) To constitute arson it shall not be necessary that a person other than the actor should have had ownership in the building or structure damaged or set on fire.

 

        Sec. 2.  RCW 9A.48.080 and 1979 c 145 s 2 are each amended to read as follows:

          (1) A person is guilty of malicious mischief in the second degree if he knowingly and maliciously:

          (a) Causes physical damage to the property of another in an amount exceeding two hundred fifty dollars; or

          (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) Notwithstanding RCW 16.52.070, causes physical damage, destruction, or injury by amputation, mutilation, castration, or other malicious act to another's pet dog or cat or to a horse, mule, cow, heifer, bull, steer, donkey, swine, goat, or sheep which is the property of another.  This subsection does not prevent a conviction under RCW 9A.48.070(1)(a) if the physical damages exceed one thousand five hundred dollars.

          (2) Malicious mischief in the second degree is a class C felony.

 


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