AN ACT Relating to crimes; amending RCW 9A.08.010; adding a new section to chapter 9A.16 RCW; adding a new section to chapter 9A.36 RCW; and declaring an emergency.

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

NEW SECTION. Sec. 1. A new section is added to chapter 9A.16 RCW to read as follows:

In any action alleging a statutory crime, the prosecution must establish the statutory elements of the crime beyond a reasonable doubt. Any defense authorized by statute or common law must be established by the defendant by a preponderance of the evidence.

Sec. 2. Section 9A.08.010, chapter 260, Laws of 1975 1st ex. sess. and RCW 9A.08.010 are each amended to read as follows:

(1) Kinds of Culpability Defined.

(a) INTENT. A person acts with intent or intentionally when he acts with the objective or purpose to accomplish a result ((~~which constitutes a crime~~)).

(b) KNOWLEDGE. A person knows or acts knowingly or with knowledge when:

(i) He is aware of a fact, facts, or circumstances or result ((~~described by a statute defining an offense~~)); or

(ii) He has information which would lead a reasonable man in the same situation to believe that facts exist ((~~which facts are described by a statute defining an offense~~)).

(c) RECKLESSNESS. A person is reckless or acts recklessly when he knows of and disregards a substantial risk that ((~~a wrongful~~)) an act may occur which would result in injury or damage to persons or property and his disregard of such substantial risk is a gross deviation from conduct that a reasonable man would exercise in the same situation.

(d) CRIMINAL NEGLIGENCE. A person is criminally negligent or acts with criminal negligence when he fails to be aware of a substantial risk that ((~~a wrongful~~)) an act may occur which would result in injury or damage to persons or property and his failure to be aware of such substantial risk constitutes a gross deviation from the standard of care that a reasonable man would exercise in the same situation.

(2) Substitutes for Criminal Negligence, Recklessness, and Knowledge. When a statute provides that criminal negligence suffices to establish an element of an offense, such element also is established if a person acts intentionally, knowingly, or recklessly. When recklessness suffices to establish an element, such element also is established if a person acts intentionally or knowingly. When acting knowingly suffices to establish an element, such element also is established if a person acts intentionally.

(3) Culpability as Determinant of Grade of Offense. When the grade or degree of an offense depends on whether the offense is committed intentionally, knowingly, recklessly, or with criminal negligence, its grade or degree shall be the lowest for which the determinative kind of culpability is established with respect to any material element of the offense.

(4) Requirement of Wilfulness Satisfied by Acting Knowingly. A requirement that an offense be committed wilfully is satisfied if a person acts knowingly with respect to the material elements of the offense, unless a purpose to impose further requirements plainly appears.

NEW SECTION. Sec. 3. A new section is added to chapter 9A.36 RCW to read as follows:

As used in this chapter, an "assault" is:

(1) An act done with intent to inflict bodily injury upon another, tending, but failing, to accomplish it, and accompanied with the apparent present ability to inflict the bodily injury if not prevented, regardless of whether that bodily injury is inflicted, so long as an apprehension and fear of bodily injury is created in another;

(2) An intentional touching, striking, cutting, or shooting of the person or body of another, regardless of whether any actual physical harm is done to the other person; or

(3) An intentional act which creates in another a reasonable apprehension and fear of bodily injury even though the actor did not actually intend to inflict bodily injury.

NEW SECTION. Sec. 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.

NEW SECTION. Sec. 5. 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 immediately.