| TABLE 2 | |
| CRIMES INCLUDED WITHIN EACH SERIOUSNESS LEVEL | |
XVI | | |
XV | | |
| | |
| | |
XIV | | |
| | |
XIII | | |
| Malicious placement of an explosive 1 (RCW 70.74.270(1)) | |
XII | | |
| | |
| Malicious placement of an imitation device 1 (RCW 70.74.272(1)(a)) | |
| Promoting Commercial Sexual Abuse of a Minor (RCW 9.68A.101) | |
| | |
| | |
| | |
XI | | |
| | |
| | |
| Vehicular Homicide, by being under the influence of intoxicating liquor or any drug (RCW 46.61.520) | |
| Vehicular Homicide, by the operation of any vehicle in a reckless manner (RCW 46.61.520) | |
X | | |
| | |
| Indecent Liberties (with forcible compulsion) (RCW 9A.44.100(1)(a)) | |
| | |
| Leading Organized Crime (RCW 9A.82.060(1)(a)) | |
| | |
| Sexually Violent Predator Escape (RCW 9A.76.115) | |
IX | Abandonment of Dependent Person 1 (RCW 9A.42.060) | |
| | |
| | |
| | |
| Homicide by Watercraft, by being under the influence of intoxicating liquor or any drug (RCW 79A.60.050) | |
| Inciting Criminal Profiteering (RCW 9A.82.060(1)(b)) | |
| Malicious placement of an explosive 2 (RCW 70.74.270(2)) | |
| | |
| | |
VIII | | |
| Commercial Sexual Abuse of a Minor (RCW 9.68A.100) | |
| Homicide by Watercraft, by the operation of any vessel in a reckless manner (RCW 79A.60.050) | |
| | |
| | |
| | |
VII | Air bag diagnostic systems (causing bodily injury or death) (RCW 46.37.660(2)(b)) | |
| Air bag replacement requirements (causing bodily injury or death) (RCW 46.37.660(1)(b)) | |
| | |
| | |
| | |
| Dealing in depictions of minor engaged in sexually explicit conduct 1 (RCW 9.68A.050(1)) | |
| | |
| | |
| Homicide by Watercraft, by disregard for the safety of others (RCW 79A.60.050) | |
| Indecent Liberties (without forcible compulsion) (RCW 9A.44.100(1) (b) and (c)) | |
| | |
| Malicious placement of an explosive 3 (RCW 70.74.270(3)) | |
| Manufacture or import counterfeit, nonfunctional, damaged, or previously deployed air bag (causing bodily injury or death) (RCW 46.37.650(1)(b)) | |
| Negligently Causing Death By Use of a Signal Preemption Device (RCW 46.37.675) | |
| Sell, install, or reinstall counterfeit, nonfunctional, damaged, or previously deployed airbag (RCW 46.37.650(2)(b)) | |
| Sending, bringing into state depictions of minor engaged in sexually explicit conduct 1 (RCW 9.68A.060(1)) | |
| Unlawful Possession of a Firearm in the first degree (RCW 9.41.040(1)) | |
| Use of a Machine Gun or Bump-fire Stock in Commission of a Felony (RCW 9.41.225) | |
| Vehicular Homicide, by disregard for the safety of others (RCW 46.61.520) | |
VI | Bail Jumping with Murder 1 (RCW 9A.76.170(3)(a)) | |
| | |
| | |
| | |
| | |
| Malicious placement of an imitation device 2 (RCW 70.74.272(1)(b)) | |
| Possession of Depictions of a Minor Engaged in Sexually Explicit Conduct 1 (RCW 9.68A.070(1)) | |
| | |
| | |
| Theft from a Vulnerable Adult 1 (RCW 9A.56.400(1)) | |
| | |
V | Abandonment of Dependent Person 2 (RCW 9A.42.070) | |
| Advancing money or property for extortionate extension of credit (RCW 9A.82.030) | |
| Air bag diagnostic systems (RCW 46.37.660(2)(c)) | |
| Air bag replacement requirements (RCW 46.37.660(1)(c)) | |
| Bail Jumping with class A Felony (RCW 9A.76.170(3)(b)) | |
| | |
| | |
| Custodial Sexual Misconduct 1 (RCW 9A.44.160) | |
| Dealing in Depictions of Minor Engaged in Sexually Explicit Conduct 2 (RCW 9.68A.050(2)) | |
| | |
| | |
| Extortionate Extension of Credit (RCW 9A.82.020) | |
| Extortionate Means to Collect Extensions of Credit (RCW 9A.82.040) | |
| | |
| | |
| Manufacture or import counterfeit, nonfunctional, damaged, or previously deployed air bag (RCW 46.37.650(1)(c)) | |
| | |
| Persistent prison misbehavior (RCW 9.94.070) | |
| Possession of a Stolen Firearm (RCW 9A.56.310) | |
| | |
| Rendering Criminal Assistance 1 (RCW 9A.76.070) | |
| Sell, install, or reinstall counterfeit, nonfunctional, damaged, or previously deployed airbag (RCW 46.37.650(2)(c)) | |
| Sending, Bringing into State Depictions of Minor Engaged in Sexually Explicit Conduct 2 (RCW 9.68A.060(2)) | |
| Sexual Misconduct with a Minor 1 (RCW 9A.44.093) | |
| Sexually Violating Human Remains (RCW 9A.44.105) | |
| | |
| Taking Motor Vehicle Without Permission 1 (RCW 9A.56.070) | |
IV | | |
| | |
| Assault 3 (of a Peace Officer with a Projectile Stun Gun) (RCW 9A.36.031(1)(h)) | |
| Assault 4 (third domestic violence offense) (RCW 9A.36.041(3)) | |
| | |
| | |
| | |
| | |
| | |
| Driving While Under the Influence (RCW 46.61.502(6)) | |
| Endangerment with a Controlled Substance (RCW 9A.42.100) | |
| | |
| | |
| | |
| Hit and Run with Vessel —Injury Accident (RCW 79A.60.200(3)) | |
| | |
| Indecent Exposure to Person Under Age (( Fourteen)) 14 (subsequent sex offense) (RCW 9A.88.010) | |
| Influencing Outcome of Sporting Event (RCW 9A.82.070) | |
| Physical Control of a Vehicle While Under the Influence (RCW 46.61.504(6)) | |
| Possession of Depictions of a Minor Engaged in Sexually Explicit Conduct 2 (RCW 9.68A.070(2)) | |
| | |
| | |
| | |
| | |
| Trafficking in Stolen Property 1 (RCW 9A.82.050) | |
| Unlawful factoring of a credit card or payment card transaction (RCW 9A.56.290(4)(b)) | |
| Unlawful transaction of health coverage as a health care service contractor (RCW 48.44.016(3)) | |
| Unlawful transaction of health coverage as a health maintenance organization (RCW 48.46.033(3)) | |
| Unlawful transaction of insurance business (RCW 48.15.023(3)) | |
| Unlicensed practice as an insurance professional (RCW 48.17.063(2)) | |
| Use of Proceeds of Criminal Profiteering (RCW 9A.82.080 (1) and (2)) | |
| Vehicle Prowling 2 (third or subsequent offense) (RCW 9A.52.100(3)) | |
| Vehicular Assault, by being under the influence of intoxicating liquor or any drug, or by the operation or driving of a vehicle in a reckless manner (RCW 46.61.522) | |
| Viewing of Depictions of a Minor Engaged in Sexually Explicit Conduct 1 (RCW 9.68A.075(1)) | |
| Willful Failure to Return from Furlough (RCW 72.66.060) | |
III | Animal Cruelty 1 (Sexual Conduct or Contact) (RCW 16.52.205(3)) | |
| Assault 3 (Except Assault 3 of a Peace Officer With a Projectile Stun Gun) (RCW 9A.36.031 except subsection (1)(h)) | |
| | |
| Bail Jumping with class B or C Felony (RCW 9A.76.170(3)(c)) | |
| | |
| Communication with a Minor for Immoral Purposes (RCW 9.68A.090) | |
| | |
| | |
| (( Cyberstalking (subsequent conviction or threat of death))) Cyber Harassment (RCW 9.61.260(( (3))) (2)(b) (as recodified by this act)) | |
| | |
| | |
| | |
| | |
| Intimidating a Public Servant (RCW 9A.76.180) | |
| | |
| Malicious Injury to Railroad Property (RCW 81.60.070) | |
| Manufacture of Untraceable Firearm with Intent to Sell (RCW 9.41.190) | |
| Manufacture or Assembly of an Undetectable Firearm or Untraceable Firearm (RCW 9.41.325) | |
| | |
| Negligently Causing Substantial Bodily Harm By Use of a Signal Preemption Device (RCW 46.37.674) | |
| | |
| | |
| Possession of Incendiary Device (RCW 9.40.120) | |
| Possession of Machine Gun, Bump-Fire Stock, Undetectable Firearm, or Short-Barreled Shotgun or Rifle (RCW 9.41.190) | |
| | |
| Retail Theft with Special Circumstances 1 (RCW 9A.56.360(2)) | |
| | |
| | |
| Telephone Harassment (subsequent conviction or threat of death) (RCW 9.61.230(2)) | |
| | |
| Theft with the Intent to Resell 1 (RCW 9A.56.340(2)) | |
| Trafficking in Stolen Property 2 (RCW 9A.82.055) | |
| Unlawful Hunting of Big Game 1 (RCW 77.15.410(3)(b)) | |
| | |
| Unlawful Misbranding of Fish or Shellfish 1 (RCW 77.140.060(3)) | |
| Unlawful possession of firearm in the second degree (RCW 9.41.040(2)) | |
| Unlawful Taking of Endangered Fish or Wildlife 1 (RCW 77.15.120(3)(b)) | |
| Unlawful Trafficking in Fish, Shellfish, or Wildlife 1 (RCW 77.15.260(3)(b)) | |
| Unlawful Use of a Nondesignated Vessel (RCW 77.15.530(4)) | |
| Vehicular Assault, by the operation or driving of a vehicle with disregard for the safety of others (RCW 46.61.522) | |
| Willful Failure to Return from Work Release (RCW 72.65.070) | |
II | Commercial Fishing Without a License 1 (RCW 77.15.500(3)(b)) | |
| | |
| | |
| Electronic Data Service Interference (RCW 9A.90.060) | |
| | |
| | |
| Engaging in Fish Dealing Activity Unlicensed 1 (RCW 77.15.620(3)) | |
| Escape from Community Custody (RCW 72.09.310) | |
| Failure to Register as a Sex Offender (second or subsequent offense) (RCW 9A.44.130 prior to June 10, 2010, and RCW 9A.44.132) | |
| | |
| | |
| Improperly Obtaining Financial Information (RCW 9.35.010) | |
| | |
| | |
| Possession of Stolen Property 1 (RCW 9A.56.150) | |
| Possession of a Stolen Vehicle (RCW 9A.56.068) | |
| Retail Theft with Special Circumstances 2 (RCW 9A.56.360(3)) | |
| Scrap Processing, Recycling, or Supplying Without a License (second or subsequent offense) (RCW 19.290.100) | |
| | |
| | |
| Theft of Rental, Leased, Lease-purchased, or Loaned Property (valued at (( five thousand dollars)) $5,000 or more) (RCW 9A.56.096(5)(a)) | |
| Theft with the Intent to Resell 2 (RCW 9A.56.340(3)) | |
| | |
| Unlawful factoring of a credit card or payment card transaction (RCW 9A.56.290(4)(a)) | |
| Unlawful Participation of Non-Indians in Indian Fishery (RCW 77.15.570(2)) | |
| | |
| Unlawful Purchase or Use of a License (RCW 77.15.650(3)(b)) | |
| Unlawful Trafficking in Fish, Shellfish, or Wildlife 2 (RCW 77.15.260(3)(a)) | |
| Unlicensed Practice of a Profession or Business (RCW 18.130.190(7)) | |
| | |
I | Attempting to Elude a Pursuing Police Vehicle (RCW 46.61.024) | |
| False Verification for Welfare (RCW 74.08.055) | |
| | |
| Fraudulent Creation or Revocation of a Mental Health Advance Directive (RCW 9A.60.060) | |
| | |
| | |
| Possession of Stolen Property 2 (RCW 9A.56.160) | |
| | |
| Spotlighting Big Game 1 (RCW 77.15.450(3)(b)) | |
| Suspension of Department Privileges 1 (RCW 77.15.670(3)(b)) | |
| Taking Motor Vehicle Without Permission 2 (RCW 9A.56.075) | |
| | |
| Theft from a Vulnerable Adult 2 (RCW 9A.56.400(2)) | |
| Theft of Rental, Leased, Lease-purchased, or Loaned Property (valued at (( seven hundred fifty dollars)) $750 or more but less than (( five thousand dollars)) $5,000) (RCW 9A.56.096(5)(b)) | |
| Transaction of insurance business beyond the scope of licensure (RCW 48.17.063) | |
| Unlawful Fish and Shellfish Catch Accounting (RCW 77.15.630(3)(b)) | |
| Unlawful Issuance of Checks or Drafts (RCW 9A.56.060) | |
| Unlawful Possession of Fictitious Identification (RCW 9A.56.320) | |
| Unlawful Possession of Instruments of Financial Fraud (RCW 9A.56.320) | |
| Unlawful Possession of Payment Instruments (RCW 9A.56.320) | |
| Unlawful Possession of a Personal Identification Device (RCW 9A.56.320) | |
| Unlawful Production of Payment Instruments (RCW 9A.56.320) | |
| Unlawful Releasing, Planting, Possessing, or Placing Deleterious Exotic Wildlife (RCW 77.15.250(2)(b)) | |
| Unlawful Trafficking in Food Stamps (RCW 9.91.142) | |
| Unlawful Use of Food Stamps (RCW 9.91.144) | |
| Unlawful Use of Net to Take Fish 1 (RCW 77.15.580(3)(b)) | |
| Unlawful Use of Prohibited Aquatic Animal Species (RCW 77.15.253(3)) | |
| | |
| Violating Commercial Fishing Area or Time 1 (RCW 77.15.550(3)(b)) | |
Sec. 13. RCW
9.94A.515 and 2021 c 215 s 99 are each amended to read as follows:
| TABLE 2 | |
| CRIMES INCLUDED WITHIN EACH SERIOUSNESS LEVEL | |
XVI | | |
XV | | |
| | |
| | |
XIV | | |
| | |
XIII | | |
| Malicious placement of an explosive 1 (RCW 70.74.270(1)) | |
XII | | |
| | |
| Malicious placement of an imitation device 1 (RCW 70.74.272(1)(a)) | |
| Promoting Commercial Sexual Abuse of a Minor (RCW 9.68A.101) | |
| | |
| | |
| | |
XI | | |
| | |
| | |
| Vehicular Homicide, by being under the influence of intoxicating liquor or any drug (RCW 46.61.520) | |
| Vehicular Homicide, by the operation of any vehicle in a reckless manner (RCW 46.61.520) | |
X | | |
| | |
| Indecent Liberties (with forcible compulsion) (RCW 9A.44.100(1)(a)) | |
| | |
| Leading Organized Crime (RCW 9A.82.060(1)(a)) | |
| | |
| Sexually Violent Predator Escape (RCW 9A.76.115) | |
IX | Abandonment of Dependent Person 1 (RCW 9A.42.060) | |
| | |
| | |
| | |
| Homicide by Watercraft, by being under the influence of intoxicating liquor or any drug (RCW 79A.60.050) | |
| Inciting Criminal Profiteering (RCW 9A.82.060(1)(b)) | |
| Malicious placement of an explosive 2 (RCW 70.74.270(2)) | |
| | |
| | |
VIII | | |
| Commercial Sexual Abuse of a Minor (RCW 9.68A.100) | |
| Homicide by Watercraft, by the operation of any vessel in a reckless manner (RCW 79A.60.050) | |
| | |
| | |
| | |
VII | Air bag diagnostic systems (causing bodily injury or death) (RCW 46.37.660(2)(b)) | |
| Air bag replacement requirements (causing bodily injury or death) (RCW 46.37.660(1)(b)) | |
| | |
| | |
| | |
| Dealing in depictions of minor engaged in sexually explicit conduct 1 (RCW 9.68A.050(1)) | |
| | |
| | |
| Homicide by Watercraft, by disregard for the safety of others (RCW 79A.60.050) | |
| Indecent Liberties (without forcible compulsion) (RCW 9A.44.100(1) (b) and (c)) | |
| | |
| Malicious placement of an explosive 3 (RCW 70.74.270(3)) | |
| Manufacture or import counterfeit, nonfunctional, damaged, or previously deployed air bag (causing bodily injury or death) (RCW 46.37.650(1)(b)) | |
| Negligently Causing Death By Use of a Signal Preemption Device (RCW 46.37.675) | |
| Sell, install, or reinstall counterfeit, nonfunctional, damaged, or previously deployed airbag (RCW 46.37.650(2)(b)) | |
| Sending, bringing into state depictions of minor engaged in sexually explicit conduct 1 (RCW 9.68A.060(1)) | |
| Unlawful Possession of a Firearm in the first degree (RCW 9.41.040(1)) | |
| Use of a Machine Gun or Bump-fire Stock in Commission of a Felony (RCW 9.41.225) | |
| Vehicular Homicide, by disregard for the safety of others (RCW 46.61.520) | |
VI | Bail Jumping with Murder 1 (RCW 9A.76.170(3)(a)) | |
| | |
| | |
| | |
| | |
| Malicious placement of an imitation device 2 (RCW 70.74.272(1)(b)) | |
| Possession of Depictions of a Minor Engaged in Sexually Explicit Conduct 1 (RCW 9.68A.070(1)) | |
| | |
| | |
| Theft from a Vulnerable Adult 1 (RCW 9A.56.400(1)) | |
| | |
V | Abandonment of Dependent Person 2 (RCW 9A.42.070) | |
| Advancing money or property for extortionate extension of credit (RCW 9A.82.030) | |
| Air bag diagnostic systems (RCW 46.37.660(2)(c)) | |
| Air bag replacement requirements (RCW 46.37.660(1)(c)) | |
| Bail Jumping with class A Felony (RCW 9A.76.170(3)(b)) | |
| | |
| | |
| Custodial Sexual Misconduct 1 (RCW 9A.44.160) | |
| Dealing in Depictions of Minor Engaged in Sexually Explicit Conduct 2 (RCW 9.68A.050(2)) | |
| | |
| | |
| Extortionate Extension of Credit (RCW 9A.82.020) | |
| Extortionate Means to Collect Extensions of Credit (RCW 9A.82.040) | |
| | |
| | |
| Manufacture or import counterfeit, nonfunctional, damaged, or previously deployed air bag (RCW 46.37.650(1)(c)) | |
| | |
| Persistent prison misbehavior (RCW 9.94.070) | |
| Possession of a Stolen Firearm (RCW 9A.56.310) | |
| | |
| Rendering Criminal Assistance 1 (RCW 9A.76.070) | |
| Sell, install, or reinstall counterfeit, nonfunctional, damaged, or previously deployed airbag (RCW 46.37.650(2)(c)) | |
| Sending, Bringing into State Depictions of Minor Engaged in Sexually Explicit Conduct 2 (RCW 9.68A.060(2)) | |
| Sexual Misconduct with a Minor 1 (RCW 9A.44.093) | |
| Sexually Violating Human Remains (RCW 9A.44.105) | |
| | |
| Taking Motor Vehicle Without Permission 1 (RCW 9A.56.070) | |
IV | | |
| | |
| Assault 3 (of a Peace Officer with a Projectile Stun Gun) (RCW 9A.36.031(1)(h)) | |
| Assault 4 (third domestic violence offense) (RCW 9A.36.041(3)) | |
| | |
| | |
| | |
| | |
| | |
| Driving While Under the Influence (RCW 46.61.502(6)) | |
| Endangerment with a Controlled Substance (RCW 9A.42.100) | |
| | |
| | |
| | |
| Hit and Run with Vessel —Injury Accident (RCW 79A.60.200(3)) | |
| | |
| Indecent Exposure to Person Under Age (( Fourteen)) 14 (subsequent sex offense) (RCW 9A.88.010) | |
| Influencing Outcome of Sporting Event (RCW 9A.82.070) | |
| Physical Control of a Vehicle While Under the Influence (RCW 46.61.504(6)) | |
| Possession of Depictions of a Minor Engaged in Sexually Explicit Conduct 2 (RCW 9.68A.070(2)) | |
| | |
| | |
| | |
| | |
| Trafficking in Stolen Property 1 (RCW 9A.82.050) | |
| Unlawful factoring of a credit card or payment card transaction (RCW 9A.56.290(4)(b)) | |
| Unlawful transaction of health coverage as a health care service contractor (RCW 48.44.016(3)) | |
| Unlawful transaction of health coverage as a health maintenance organization (RCW 48.46.033(3)) | |
| Unlawful transaction of insurance business (RCW 48.15.023(3)) | |
| Unlicensed practice as an insurance professional (RCW 48.17.063(2)) | |
| Use of Proceeds of Criminal Profiteering (RCW 9A.82.080 (1) and (2)) | |
| Vehicle Prowling 2 (third or subsequent offense) (RCW 9A.52.100(3)) | |
| Vehicular Assault, by being under the influence of intoxicating liquor or any drug, or by the operation or driving of a vehicle in a reckless manner (RCW 46.61.522) | |
| Viewing of Depictions of a Minor Engaged in Sexually Explicit Conduct 1 (RCW 9.68A.075(1)) | |
| Willful Failure to Return from Furlough (RCW 72.66.060) | |
III | Animal Cruelty 1 (Sexual Conduct or Contact) (RCW 16.52.205(3)) | |
| Assault 3 (Except Assault 3 of a Peace Officer With a Projectile Stun Gun) (RCW 9A.36.031 except subsection (1)(h)) | |
| | |
| Bail Jumping with class B or C Felony (RCW 9A.76.170(3)(c)) | |
| | |
| Communication with a Minor for Immoral Purposes (RCW 9.68A.090) | |
| | |
| | |
| (( Cyberstalking (subsequent conviction or threat of death))) Cyber Harassment (RCW 9.61.260(( (3))) (2)(b) (as recodified by this act)) | |
| | |
| | |
| | |
| | |
| Intimidating a Public Servant (RCW 9A.76.180) | |
| | |
| Malicious Injury to Railroad Property (RCW 81.60.070) | |
| Manufacture of Untraceable Firearm with Intent to Sell (RCW 9.41.190) | |
| Manufacture or Assembly of an Undetectable Firearm or Untraceable Firearm (RCW 9.41.325) | |
| | |
| Negligently Causing Substantial Bodily Harm By Use of a Signal Preemption Device (RCW 46.37.674) | |
| | |
| | |
| Possession of Incendiary Device (RCW 9.40.120) | |
| Possession of Machine Gun, Bump-Fire Stock, Undetectable Firearm, or Short-Barreled Shotgun or Rifle (RCW 9.41.190) | |
| | |
| Retail Theft with Special Circumstances 1 (RCW 9A.56.360(2)) | |
| | |
| | |
| Telephone Harassment (subsequent conviction or threat of death) (RCW 9.61.230(2)) | |
| | |
| Theft with the Intent to Resell 1 (RCW 9A.56.340(2)) | |
| Trafficking in Stolen Property 2 (RCW 9A.82.055) | |
| Unlawful Hunting of Big Game 1 (RCW 77.15.410(3)(b)) | |
| | |
| Unlawful Misbranding of Fish or Shellfish 1 (RCW 77.140.060(3)) | |
| Unlawful possession of firearm in the second degree (RCW 9.41.040(2)) | |
| Unlawful Taking of Endangered Fish or Wildlife 1 (RCW 77.15.120(3)(b)) | |
| Unlawful Trafficking in Fish, Shellfish, or Wildlife 1 (RCW 77.15.260(3)(b)) | |
| Unlawful Use of a Nondesignated Vessel (RCW 77.15.530(4)) | |
| Vehicular Assault, by the operation or driving of a vehicle with disregard for the safety of others (RCW 46.61.522) | |
| Willful Failure to Return from Work Release (RCW 72.65.070) | |
II | Commercial Fishing Without a License 1 (RCW 77.15.500(3)(b)) | |
| | |
| | |
| Electronic Data Service Interference (RCW 9A.90.060) | |
| | |
| | |
| Engaging in Fish Dealing Activity Unlicensed 1 (RCW 77.15.620(3)) | |
| Escape from Community Custody (RCW 72.09.310) | |
| Failure to Register as a Sex Offender (second or subsequent offense) (RCW 9A.44.130 prior to June 10, 2010, and RCW 9A.44.132) | |
| | |
| | |
| Improperly Obtaining Financial Information (RCW 9.35.010) | |
| | |
| | |
| Possession of Stolen Property 1 (RCW 9A.56.150) | |
| Possession of a Stolen Vehicle (RCW 9A.56.068) | |
| Retail Theft with Special Circumstances 2 (RCW 9A.56.360(3)) | |
| Scrap Processing, Recycling, or Supplying Without a License (second or subsequent offense) (RCW 19.290.100) | |
| | |
| | |
| Theft of Rental, Leased, Lease-purchased, or Loaned Property (valued at (( five thousand dollars)) $5,000 or more) (RCW 9A.56.096(5)(a)) | |
| Theft with the Intent to Resell 2 (RCW 9A.56.340(3)) | |
| | |
| Unlawful factoring of a credit card or payment card transaction (RCW 9A.56.290(4)(a)) | |
| Unlawful Participation of Non-Indians in Indian Fishery (RCW 77.15.570(2)) | |
| | |
| Unlawful Purchase or Use of a License (RCW 77.15.650(3)(b)) | |
| Unlawful Trafficking in Fish, Shellfish, or Wildlife 2 (RCW 77.15.260(3)(a)) | |
| Unlicensed Practice of a Profession or Business (RCW 18.130.190(7)) | |
| | |
I | Attempting to Elude a Pursuing Police Vehicle (RCW 46.61.024) | |
| False Verification for Welfare (RCW 74.08.055) | |
| | |
| Fraudulent Creation or Revocation of a Mental Health Advance Directive (RCW 9A.60.060) | |
| | |
| | |
| Possession of Stolen Property 2 (RCW 9A.56.160) | |
| | |
| Spotlighting Big Game 1 (RCW 77.15.450(3)(b)) | |
| Suspension of Department Privileges 1 (RCW 77.15.670(3)(b)) | |
| Taking Motor Vehicle Without Permission 2 (RCW 9A.56.075) | |
| | |
| Theft from a Vulnerable Adult 2 (RCW 9A.56.400(2)) | |
| Theft of Rental, Leased, Lease-purchased, or Loaned Property (valued at (( seven hundred fifty dollars)) $750 or more but less than (( five thousand dollars)) $5,000) (RCW 9A.56.096(5)(b)) | |
| Transaction of insurance business beyond the scope of licensure (RCW 48.17.063) | |
| Unlawful Fish and Shellfish Catch Accounting (RCW 77.15.630(3)(b)) | |
| Unlawful Issuance of Checks or Drafts (RCW 9A.56.060) | |
| Unlawful Possession of Fictitious Identification (RCW 9A.56.320) | |
| Unlawful Possession of Instruments of Financial Fraud (RCW 9A.56.320) | |
| Unlawful Possession of Payment Instruments (RCW 9A.56.320) | |
| Unlawful Possession of a Personal Identification Device (RCW 9A.56.320) | |
| Unlawful Production of Payment Instruments (RCW 9A.56.320) | |
| Unlawful Releasing, Planting, Possessing, or Placing Deleterious Exotic Wildlife (RCW 77.15.250(2)(b)) | |
| Unlawful Trafficking in Food Stamps (RCW 9.91.142) | |
| Unlawful Use of Food Stamps (RCW 9.91.144) | |
| Unlawful Use of Net to Take Fish 1 (RCW 77.15.580(3)(b)) | |
| Unlawful Use of Prohibited Aquatic Animal Species (RCW 77.15.253(3)) | |
| | |
| Violating Commercial Fishing Area or Time 1 (RCW 77.15.550(3)(b)) | |
Sec. 14. RCW
9A.46.060 and 2019 c 271 s 8 are each amended to read as follows:
As used in this chapter, "harassment" may include but is not limited to any of the following crimes:
(3) Telephone harassment (RCW
9.61.230);
(4) Assault in the first degree (RCW
9A.36.011);
(5) Assault of a child in the first degree (RCW
9A.36.120);
(6) Assault in the second degree (RCW
9A.36.021);
(7) Assault of a child in the second degree (RCW
9A.36.130);
(8) Assault in the fourth degree (RCW
9A.36.041);
(10) Extortion in the first degree (RCW
9A.56.120);
(11) Extortion in the second degree (RCW
9A.56.130);
(13) Burglary in the first degree (RCW
9A.52.020);
(14) Burglary in the second degree (RCW
9A.52.030);
(15) Criminal trespass in the first degree (RCW
9A.52.070);
(16) Criminal trespass in the second degree (RCW
9A.52.080);
(17) Malicious mischief in the first degree (RCW
9A.48.070);
(18) Malicious mischief in the second degree (RCW
9A.48.080);
(19) Malicious mischief in the third degree (RCW
9A.48.090);
(20) Kidnapping in the first degree (RCW
9A.40.020);
(21) Kidnapping in the second degree (RCW
9A.40.030);
(23) Rape in the first degree (RCW
9A.44.040);
(24) Rape in the second degree (RCW
9A.44.050);
(25) Rape in the third degree (RCW
9A.44.060);
(27) Rape of a child in the first degree (RCW
9A.44.073);
(28) Rape of a child in the second degree (RCW
9A.44.076);
(29) Rape of a child in the third degree (RCW
9A.44.079);
(30) Child molestation in the first degree (RCW
9A.44.083);
(31) Child molestation in the second degree (RCW
9A.44.086);
(32) Child molestation in the third degree (RCW
9A.44.089);
(34) ((
Cyberstalking))
Cyber harassment (RCW
9.61.260 (as recodified by this act));
(36) Violation of a temporary, permanent, or final protective order issued pursuant to chapter
7.90, 9A.46, 10.14, 10.99, 26.09, or
26.50 RCW;
(37) Unlawful discharge of a laser in the first degree (RCW
9A.49.020); and
(38) Unlawful discharge of a laser in the second degree (RCW
9A.49.030).
Sec. 15. RCW
9A.46.060 and 2021 c 215 s 109 are each amended to read as follows:
As used in this chapter, "harassment" may include but is not limited to any of the following crimes:
(3) Telephone harassment (RCW
9.61.230);
(4) Assault in the first degree (RCW
9A.36.011);
(5) Assault of a child in the first degree (RCW
9A.36.120);
(6) Assault in the second degree (RCW
9A.36.021);
(7) Assault of a child in the second degree (RCW
9A.36.130);
(8) Assault in the fourth degree (RCW
9A.36.041);
(10) Extortion in the first degree (RCW
9A.56.120);
(11) Extortion in the second degree (RCW
9A.56.130);
(13) Burglary in the first degree (RCW
9A.52.020);
(14) Burglary in the second degree (RCW
9A.52.030);
(15) Criminal trespass in the first degree (RCW
9A.52.070);
(16) Criminal trespass in the second degree (RCW
9A.52.080);
(17) Malicious mischief in the first degree (RCW
9A.48.070);
(18) Malicious mischief in the second degree (RCW
9A.48.080);
(19) Malicious mischief in the third degree (RCW
9A.48.090);
(20) Kidnapping in the first degree (RCW
9A.40.020);
(21) Kidnapping in the second degree (RCW
9A.40.030);
(23) Rape in the first degree (RCW
9A.44.040);
(24) Rape in the second degree (RCW
9A.44.050);
(25) Rape in the third degree (RCW
9A.44.060);
(27) Rape of a child in the first degree (RCW
9A.44.073);
(28) Rape of a child in the second degree (RCW
9A.44.076);
(29) Rape of a child in the third degree (RCW
9A.44.079);
(30) Child molestation in the first degree (RCW
9A.44.083);
(31) Child molestation in the second degree (RCW
9A.44.086);
(32) Child molestation in the third degree (RCW
9A.44.089);
(34) ((
Cyberstalking))
Cyber harassment (RCW
9.61.260 (as recodified by this act));
(36) Violation of a temporary, permanent, or final protective order issued pursuant to chapter
9A.44, 9A.46, 10.99, or
26.09 RCW or any of the former chapters
7.90, 10.14, and
26.50 RCW, or violation of a domestic violence protection order, sexual assault protection order, or antiharassment protection order issued under chapter
7.105 RCW;
(37) Unlawful discharge of a laser in the first degree (RCW
9A.49.020); and
(38) Unlawful discharge of a laser in the second degree (RCW
9A.49.030).
Sec. 16. RCW
26.50.060 and 2020 c 311 s 9 are each amended to read as follows:
(1) Upon notice and after hearing, the court may provide relief as follows:
(a) Restrain the respondent from committing acts of domestic violence;
(b) Exclude the respondent from the dwelling that the parties share, from the residence, workplace, or school of the petitioner, or from the day care or school of a child;
(c) Prohibit the respondent from knowingly coming within, or knowingly remaining within, a specified distance from a specified location;
(d) On the same basis as is provided in chapter
26.09 RCW, the court shall make residential provision with regard to minor children of the parties. However, parenting plans as specified in chapter
26.09 RCW shall not be required under this chapter;
(e) Order the respondent to participate in a domestic violence perpetrator treatment program approved under RCW
26.50.150;
(f) Order other relief as it deems necessary for the protection of the petitioner and other family or household members sought to be protected, including orders or directives to a peace officer, as allowed under this chapter;
(g) Require the respondent to pay the administrative court costs and service fees, as established by the county or municipality incurring the expense and to reimburse the petitioner for costs incurred in bringing the action, including reasonable attorneys' fees or limited license legal technician fees when such fees are incurred by a person licensed and practicing in accordance with the state supreme court's admission to practice rule 28, the limited practice rule for limited license legal technicians;
(h) Restrain the respondent from having any contact with the victim of domestic violence or the victim's children or members of the victim's household;
(i) Restrain the respondent from harassing, following, keeping under physical or electronic surveillance, ((
cyberstalking))
cyber harassment as defined in RCW
9.61.260 (as recodified by this act), and using telephonic, audiovisual, or other electronic means to monitor the actions, location, or communication of a victim of domestic violence, the victim's children, or members of the victim's household. For the purposes of this subsection, "communication" includes both "wire communication" and "electronic communication" as defined in RCW
9.73.260;
(j) Require the respondent to submit to electronic monitoring. The order shall specify who shall provide the electronic monitoring services and the terms under which the monitoring must be performed. The order also may include a requirement that the respondent pay the costs of the monitoring. The court shall consider the ability of the respondent to pay for electronic monitoring;
(k) Consider the provisions of RCW
9.41.800;
(l) Order possession and use of essential personal effects. The court shall list the essential personal effects with sufficient specificity to make it clear which property is included. Personal effects may include pets. The court may order that a petitioner be granted the exclusive custody or control of any pet owned, possessed, leased, kept, or held by the petitioner, respondent, or minor child residing with either the petitioner or respondent and may prohibit the respondent from interfering with the petitioner's efforts to remove the pet. The court may also prohibit the respondent from knowingly coming within, or knowingly remaining within, a specified distance of specified locations where the pet is regularly found;
(m) Order use of a vehicle; and
(n) Enter an order restricting the respondent from engaging in abusive litigation as set forth in chapter
26.51 RCW. A petitioner may request this relief in the petition or by separate motion. A petitioner may request this relief by separate motion at any time within five years of the date the order for protection is entered even if the order has since expired. A stand-alone motion for an order restricting abusive litigation may be brought by a party who meets the requirements of chapter
26.51 RCW regardless of whether the party has previously sought an order for protection under this chapter, provided the motion is made within five years of the date the order that made a finding of domestic violence was entered. In cases where a finding of domestic violence was entered pursuant to an order under chapter
26.09, 26.26, or
26.26A RCW, a motion for an order restricting abusive litigation may be brought under the family law case or as a stand-alone action filed under this chapter, when it is not reasonable or practical to file under the family law case.
(2) If a protection order restrains the respondent from contacting the respondent's minor children the restraint shall be for a fixed period not to exceed one year. This limitation is not applicable to orders for protection issued under chapter
26.09, 26.10, 26.26A, or
26.26B RCW. With regard to other relief, if the petitioner has petitioned for relief on his or her own behalf or on behalf of the petitioner's family or household members or minor children, and the court finds that the respondent is likely to resume acts of domestic violence against the petitioner or the petitioner's family or household members or minor children when the order expires, the court may either grant relief for a fixed period or enter a permanent order of protection.
If the petitioner has petitioned for relief on behalf of the respondent's minor children, the court shall advise the petitioner that if the petitioner wants to continue protection for a period beyond one year the petitioner may either petition for renewal pursuant to the provisions of this chapter or may seek relief pursuant to the provisions of chapter
26.09, 26.26A, or
26.26B RCW.
(3) If the court grants an order for a fixed time period, the petitioner may apply for renewal of the order by filing a petition for renewal at any time within the three months before the order expires. The petition for renewal shall state the reasons why the petitioner seeks to renew the protection order. Upon receipt of the petition for renewal the court shall order a hearing which shall be not later than ((
fourteen))
14 days from the date of the order. Except as provided in RCW
26.50.085, personal service shall be made on the respondent not less than five days before the hearing. If timely service cannot be made the court shall set a new hearing date and shall either require additional attempts at obtaining personal service or permit service by publication as provided in RCW
26.50.085 or by mail as provided in RCW
26.50.123. If the court permits service by publication or mail, the court shall set the new hearing date not later than ((
twenty-four))
24 days from the date of the order. If the order expires because timely service cannot be made the court shall grant an ex parte order of protection as provided in RCW
26.50.070. The court shall grant the petition for renewal unless the respondent proves by a preponderance of the evidence that the respondent will not resume acts of domestic violence against the petitioner or the petitioner's children or family or household members when the order expires. The court may renew the protection order for another fixed time period or may enter a permanent order as provided in this section. The court may award court costs, service fees, and reasonable attorneys' fees as provided in subsection (1)(g) of this section.
(4) In providing relief under this chapter, the court may realign the designation of the parties as "petitioner" and "respondent" where the court finds that the original petitioner is the abuser and the original respondent is the victim of domestic violence and may issue an ex parte temporary order for protection in accordance with RCW
26.50.070 on behalf of the victim until the victim is able to prepare a petition for an order for protection in accordance with RCW
26.50.030.
(5) Except as provided in subsection (4) of this section, no order for protection shall grant relief to any party except upon notice to the respondent and hearing pursuant to a petition or counter-petition filed and served by the party seeking relief in accordance with RCW
26.50.050.
(6) The court order shall specify the date the order expires if any. The court order shall also state whether the court issued the protection order following personal service, service by publication, or service by mail and whether the court has approved service by publication or mail of an order issued under this section.
(7) If the court declines to issue an order for protection or declines to renew an order for protection, the court shall state in writing on the order the particular reasons for the court's denial.
Sec. 17. RCW
26.50.070 and 2019 c 245 s 14 are each amended to read as follows:
(1) Where an application under this section alleges that irreparable injury could result from domestic violence if an order is not issued immediately without prior notice to the respondent, the court may grant an ex parte temporary order for protection, pending a full hearing, and grant relief as the court deems proper, including an order:
(a) Restraining any party from committing acts of domestic violence;
(b) Restraining any party from going onto the grounds of or entering the dwelling that the parties share, from the residence, workplace, or school of the other, or from the day care or school of a child until further order of the court;
(c) Prohibiting any party from knowingly coming within, or knowingly remaining within, a specified distance from a specified location;
(d) Restraining any party from interfering with the other's custody of the minor children or from removing the children from the jurisdiction of the court;
(e) Restraining any party from having any contact with the victim of domestic violence or the victim's children or members of the victim's household; and
(f) Restraining the respondent from harassing, following, keeping under physical or electronic surveillance, ((
cyberstalking))
cyber harassment as defined in RCW
9.61.260 (as recodified by this act), and using telephonic, audiovisual, or other electronic means to monitor the actions, location, or communication of a victim of domestic violence, the victim's children, or members of the victim's household. For the purposes of this subsection, "communication" includes both "wire communication" and "electronic communication" as defined in RCW
9.73.260.
(2) In issuing the order, the court shall consider the provisions of RCW
9.41.800, and shall order the respondent to surrender, and prohibit the respondent from possessing, all firearms, dangerous weapons, and any concealed pistol license as required in RCW
9.41.800.
(3) Irreparable injury under this section includes but is not limited to situations in which the respondent has recently threatened petitioner with bodily injury or has engaged in acts of domestic violence against the petitioner.
(4) The court shall hold an ex parte hearing in person or by telephone on the day the petition is filed or on the following judicial day.
(5) An ex parte temporary order for protection shall be effective for a fixed period not to exceed ((
fourteen))
14 days or ((
twenty-four))
24 days if the court has permitted service by publication under RCW
26.50.085 or by mail under RCW
26.50.123. The ex parte temporary order may be reissued. A full hearing, as provided in this chapter, shall be set for not later than ((
fourteen))
14 days from the issuance of the ex parte temporary order or not later than ((
twenty-four))
24 days if service by publication or by mail is permitted. Except as provided in RCW
26.50.050,
26.50.085, and
26.50.123, the respondent shall be personally served with a copy of the ex parte temporary order along with a copy of the petition and notice of the date set for the hearing.
(6) Any order issued under this section shall contain the date and time of issuance and the expiration date and shall be entered into a statewide judicial information system by the clerk of the court within one judicial day after issuance.
(7) If the court declines to issue an ex parte temporary order for protection the court shall state the particular reasons for the court's denial. The court's denial of a motion for an ex parte temporary order for protection shall be filed with the court.
NEW SECTION. Sec. 18. Sections 7, 10, 12, 14, 16, and 17 of this act expire July 1, 2022.
NEW SECTION. Sec. 19. Sections 8, 9, 11, 13, and 15 of this act take effect July 1, 2022."
EFFECT: Retains the provisions of the underlying bill with the following changes:
Makes the following changes to the provisions related to cyber harassment: (1) Specifies that the requirement that the communication cause emotional distress or reasonable fear for the safety of the person threatened applies only in cases involving a threat; (2) modifies language related to elevating cyber harassment to a felony when the victim is an election official or criminal justice participant to: (a) Clarify that the reclassification is not limited to cases involving the threat; (b) remove language requiring the perpetrator's present and future ability to carry out the threat; and (c) remove language requiring reasonable fear in the victim (but retains the underlying bill's general requirement that cyber harassment by threat elicit reasonable fear); and (3) modifies the list of persons who qualify as "criminal justice participants" for purposes of cyber harassment and eligibility for the Address Confidentiality Program to include law enforcement and prosecutors.
Makes the following changes to the provisions related to cyberstalking: (1) Provides that the requirement that the perpetrator act with the intent to track the location of another person applies to circumstances in which the perpetrator installs or monitors an electronic tracking device (in addition to circumstances in which the perpetrator causes a tracking device to be installed in the underlying bill); (2) removes circumstances in which the person was armed with a deadly weapon at the time of the offense from the list of circumstances elevating cyberstalking to a felony, and adds circumstances in which the person has a previous cyberstalking conviction; and (3) modifies the terminology to use consistent terms for the actor and the victim.
Makes the following changes to the provisions related to eligibility for the Address Confidentiality Program (ACP): (1) Removes references to another measure currently pending before the Legislature; (2) amends the ACP eligibility provisions to add a reference to family members residing with an election official who has been cyber harassed (in alignment with other provisions in the bill); and (3) makes clarifying amendments related to the definition of "criminal justice participant."
Makes numerous additional technical changes and minor wording changes for clarity and consistency among provisions of the bill.
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