H-3402.2          _______________________________________________

 

                                  HOUSE BILL 2416

                  _______________________________________________

 

State of Washington              52nd Legislature             1992 Regular Session

 

By Representatives R. King, Neher, Grant, Chandler, Orr, Rasmussen, Morton and Hochstatter

 

Read first time 01/16/92.  Referred to Committee on Judiciary.Changing the definition of "entering or remaining unlawfully" for purposes of hunting, fishing, or recreation on posted, fenced, or agricultural property.


     AN ACT Relating to hunting, fishing, and otherwise recreating on private property; and amending RCW 9A.52.010.

 

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

 

     Sec. 1.  RCW 9A.52.010 and 1985 c 289 s 1 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.  A person who enters or remains upon land that is posted or fenced, or is used for growing an agricultural crop or crops, other than timber, for the purposes of recreation including hunting and fishing, does so without license and privilege unless the owner or another authorized person has granted the person written permission to hunt, fish, or otherwise recreate on the land in question;

     (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.