S-3838.1  _______________________________________________

                         SENATE BILL 6115

          _______________________________________________

State of Washington      54th Legislature     1996 Regular Session

By Senators Wojahn, Snyder, Haugen, Goings, Winsley, Bauer and Oke

Read first time 01/08/96.  Referred to Committee on Law & Justice.

Revising penalties for persons who damage property with graffiti.

    AN ACT Relating to malicious mischief; amending RCW 9A.48.090 and 4.24.190; and prescribing penalties.

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

    Sec. 1.  RCW 9A.48.090 and 1975 1st ex.s. c 260 s 9A.48.090 are each amended to read as follows:

    (1) A person is guilty of malicious mischief in the third degree if he or she:

(a) Knowingly and maliciously causes physical damage to the property of another, under circumstances not amounting to malicious mischief in the first or second degree; or

(b) Writes, paints, or draws any inscription, figure, or mark of any type on any public or private building or other structure or any real or personal property owned by any other person unless the person has obtained the express permission of the owner or operator of the property, under circumstances not amounting to malicious mischief in the first or second degree.

    (2)(a) Malicious mischief in the third degree under subsection (1)(a) of this section is a gross misdemeanor if the damage to the property is in an amount exceeding fifty dollars; otherwise, it is a misdemeanor.

(b) Malicious mischief in the third degree under subsection (1)(b) of this section is a gross misdemeanor.

    Sec. 2.  RCW 4.24.190 and 1992 c 205 s 116 are each amended to read as follows:

    The parent or parents of any minor child under the age of eighteen years who is living with the parent or parents and who shall willfully or maliciously destroy or deface property, real or personal or mixed, or who shall willfully and maliciously inflict personal injury on another person, shall be liable to the owner of such property or to the person injured in a civil action at law for damages in an amount not to exceed five thousand dollars.  This section shall in no way limit the amount of recovery against the parent or parents for their own common law negligence.

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