S-609                 _______________________________________________

                                                   SENATE BILL NO. 5494

                        _______________________________________________

State of Washington                              50th Legislature                              1987 Regular Session

By Senators Sellar, Halsan, Newhouse, Hansen, Barr and Lee

Read first time 2/02/87 and referred to Committee on Judiciary.

AN ACT Relating to criminal trespass to property; amending RCW 9A.52.010, 9A.52.070, 9A.52.090, 9A.46.060, and 10.99.020; adding a new section to chapter 9A.52 RCW; repealing RCW 9A.52.080; and prescribing penalties.

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

        Sec. 1.  Section 1, chapter 289, Laws of 1985 and RCW 9A.52.010 are each amended to read as follows:

          The following definitions apply in this chapter:

          (1) "Premises" includes any building, dwelling, structure used for commercial aquaculture, or any real property;

          (2) "Enter."((.))  The word "enter" when constituting an element or part of a crime, shall include the entrance of the person, or the insertion of any part of his body, or any instrument or weapon held in his hand and used or intended to be used to threaten or intimidate a person or to detach or remove property;

          (3) "Enters or remains unlawfully."((.))  A person "enters or remains unlawfully" in or upon premises when he is not then licensed, invited, or otherwise privileged to so enter or remain((.

          A license or privilege to enter or remain in a building which is only partly open to the public is not a license or privilege to enter or remain in that part of a building which is not open to the public.  A person who enters or remains upon unimproved and apparently unused land, which is neither fenced nor otherwise enclosed in a manner designed to exclude intruders, does so with license and privilege unless notice against trespass is personally communicated to him by the owner of the land or some other authorized person, or unless notice is given by posting in a conspicuous manner.  Land that is used for commercial aquaculture or for growing an agricultural crop or crops, other than timber, is not unimproved and apparently unused land if a crop or any other sign of cultivation is clearly visible or if notice is given by posting in a conspicuous manner.  Similarly, a field fenced in any manner is not unimproved and apparently unused land));

          (4) "Data" means a representation of information, knowledge, facts, concepts, or instructions that are being prepared or have been prepared in a formalized manner and are intended for use in a computer;

          (5) "Computer program" means an ordered set of data representing coded instructions or statements that when executed by a computer cause the computer to process data;

          (6) "Access" means to approach, instruct, communicate with, store data in, retrieve data from, or otherwise make use of any resources of a computer, directly or by electronic means.

NEW SECTION. Sec. 2.  A new section is added to chapter 9A.52 RCW to read as follows:

          (1) A license or privilege to enter or remain in a building that is only partly open to the public is not a license or privilege to enter or remain in that part of a building that is not open to the public.

          (2) A privilege to enter or remain upon land is extended either by the explicit permission of the landowner or other authorized person or by the failure of the landowner or other authorized person to post notice denying entry onto private land.  The privilege may be revoked at any time by personal communication of notice by the landowner or other authorized person to the entering person.  To be effective under this subsection, the notice must satisfy the following requirements:

          (a) The notice must be placed on a post, structure, or natural object by marking it with written notice or with not less than fifty square inches of fluorescent orange paint, except that when metal fenceposts are used, the entire post must be painted; and

          (b) The notice must be placed at the property corners and at each outer gate and normal point of access to the land, if any, including both sides of a body of water crossing the property wherever the body of water intersects an outer boundary line.

          (3) If land has been posted in substantial compliance with subsection (2) of this section, it is closed to public access unless explicit permission to enter is given by the landowner or his or her authorized agent.

          (4) The departments of fisheries, game, parks, and natural resources shall attempt to educate and inform all persons holding hunting, fishing, or trapping licenses or other permits by including on any publication concerning those licenses or permits, in condensed form, the provisions of this section concerning entry on private land.  The departments shall use public media, as well as their own publications, in attempting to educate and inform other recreational users of the provisions of this section.

        Sec. 3.  Section 9A.52.070, chapter 260, Laws of 1975 1st ex. sess. as amended by section 12, chapter 244, Laws of 1979 ex. sess. and RCW 9A.52.070 are each amended to read as follows:

          (1) A person is guilty of criminal trespass ((in the first degree)) to property if he knowingly:

(a) Enters or remains unlawfully in a building; or

(b) Enters or remains unlawfully in or upon the premises of another.

          (2) Criminal trespass ((in the first degree)) to property is a gross misdemeanor.

        Sec. 4.  Section 9A.52.090, chapter 260, Laws of 1975 1st ex. sess. as amended by section 2, chapter 219, Laws of 1986 and RCW 9A.52.090 are each amended to read as follows:

          In any prosecution under RCW 9A.52.070 ((and 9A.52.080)) (1)(a), it is a defense that:

          (1) ((A)) The building involved ((in an offense under RCW 9A.52.070)) was abandoned; or

          (2) The ((premises were)) building was at the time open to members of the public and the actor complied with all lawful conditions imposed on access to or remaining in the ((premises)) building; or

          (3) The actor reasonably believed that the owner of the ((premises)) building, or other person empowered to license access thereto, would have licensed him to enter or remain; or

          (4) The actor was attempting to serve legal process which includes any document required or allowed to be served upon persons or property, by any statute, rule, ordinance, regulation, or court order, excluding delivery by the mails of the United States.  This defense applies only if the actor did not enter into a private residence or other building not open to the public and the entry onto the premises was reasonable and necessary for service of the legal process.

        Sec. 5.  Section 6, chapter 288, Laws of 1985 and RCW 9A.46.060 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:

          (1) Harassment (RCW 9A.46.020);

          (2) Malicious harassment (RCW 9A.36.080);

          (3) Telephone harassment (RCW 9.61.230);

          (4) Assault in the first degree (RCW ((9A.36.010)) 9A.36.011);

          (5) Assault in the second degree (RCW ((9A.36.020)) 9A.36.021);

          (6) Simple assault (RCW ((9A.36.040)) 9A.36.041);

          (7) Reckless endangerment (RCW 9A.36.050);

          (8) Extortion in the first degree (RCW 9A.56.120);

          (9) Extortion in the second degree (RCW 9A.56.130);

          (10) Coercion (RCW 9A.36.070);

          (11) Burglary in the first degree (RCW 9A.52.020);

          (12) Burglary in the second degree (RCW 9A.52.030);

          (13) Criminal trespass ((in the first degree)) to property (RCW 9A.52.070);

          (14) ((Criminal trespass in the second degree (RCW 9A.52.080);

          (15))) Malicious mischief in the first degree (RCW 9A.48.070);

          (((16))) (15) Malicious mischief in the second degree (RCW 9A.48.080);

          (((17))) (16) Malicious mischief in the third degree (RCW 9A.48.090);

          (((18))) (17) Kidnapping in the first degree (RCW 9A.40.020);

          (((19))) (18) Kidnapping in the second degree (RCW 9A.40.030);

          (((20))) (19) Unlawful imprisonment (RCW 9A.40.040);

          (((21))) (20) Rape in the first degree (RCW 9A.44.040);

          (((22))) (21) Rape in the second degree (RCW 9A.44.050);

          (((23))) (22) Rape in the third degree (RCW 9A.44.060);

          (((24))) (23) Indecent liberties (RCW 9A.44.100);

          (((25))) (24) Statutory rape in the first degree (RCW 9A.44.070);

          (((26))) (25) Statutory rape in the second degree (RCW 9A.44.080); and

          (((27))) (26) Statutory rape in the third degree (RCW 9A.44.090).

        Sec. 6.  Section 2, chapter 105, Laws of 1979 ex. sess. as last amended by section 8, chapter 257, Laws of 1986 and RCW 10.99.020 are each amended to read as follows:

          Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

          (1) "Family or household members" means spouses, former spouses, adult persons related by blood or marriage, persons who are presently residing together or who have resided together in the past, and persons who have a child in common regardless of whether they have been married or have lived together at any time.

          (2) "Domestic violence" includes but is not limited to any of the following crimes when committed by one family or household member against another:

          (a) Assault in the first degree (RCW 9A.36.011);

          (b) Assault in the second degree (RCW 9A.36.021);

          (c) Assault in the third degree (RCW 9A.36.031);

          (d) Assault in the fourth degree (RCW 9A.36.041);

          (e) Reckless endangerment (RCW 9A.36.050);

          (f) Coercion (RCW 9A.36.070);

          (g) Burglary in the first degree (RCW 9A.52.020);

          (h) Burglary in the second degree (RCW 9A.52.030);

          (i) Criminal trespass ((in the first degree)) to property (RCW 9A.52.070);

          (j) ((Criminal trespass in the second degree (RCW 9A.52.080);

          (k))) Malicious mischief in the first degree (RCW 9A.48.070);

          (((l))) (k) Malicious mischief in the second degree (RCW 9A.48.080);

          (((m))) (l) Malicious mischief in the third degree (RCW 9A.48.090);

          (((n))) (m) Kidnapping in the first degree (RCW 9A.40.020);

          (((o))) (n) Kidnapping in the second degree (RCW 9A.40.030);

          (((p))) (o) Unlawful imprisonment (RCW 9A.40.040);

          (((q))) (p) Violation of the provisions of a restraining order restraining the person or excluding the person from a residence (RCW 26.09.300);

          (((r))) (q) Violation of the provisions of a protection order restraining the person or excluding the person from a residence (RCW 26.50.060, 26.50.070, or 26.50.130);

          (((s))) (r) Rape in the first degree (RCW 9A.44.040); and

          (((t))) (s) Rape in the second degree (RCW 9A.44.050).

          (3) "Victim" means a family or household member who has been subjected to domestic violence.

NEW SECTION. Sec. 7.  Section 9A.52.080, chapter 260, Laws of 1975 1st ex. sess., section 13, chapter 244, Laws of 1979 ex. sess. and RCW 9A.52.080 are each repealed.