CERTIFICATION OF ENROLLMENT

                  SUBSTITUTE SENATE BILL 6602

                    Chapter 47, Laws of 2002

                        57th Legislature

                      2002 Regular Session

EXTORTION

                    EFFECTIVE DATE:  6/13/02

Passed by the Senate February 18, 2002   YEAS 49   NAYS 0                BRAD OWEN President of the Senate Passed by the House March 5, 2002   YEAS 97   NAYS 0

CERTIFICATE I, Tony M. Cook, Secretary of the Senate of the State of Washington, do hereby certify that the attached is  SUBSTITUTE SENATE BILL 6602 as passed by the Senate and the House of Representatives on the dates hereon set forth.

FRANK CHOPP Speaker of the       House of Representatives

TONY M. COOK                             Secretary

Approved March 14, 2002 Place Style On Codes above, and Style Off Codes below.

FILED                     March 14, 2002 - 11:30 a.m.

GARY LOCKE Governor of the State of Washington

Secretary of State                  State of Washington

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                    SUBSTITUTE SENATE BILL 6602

          _______________________________________________

             Passed Legislature - 2002 Regular Session

State of Washington   57th Legislature        2002 Regular Session

By Senate Committee on Judiciary (originally sponsored by Senators Costa, Long, Poulsen and Kastama)

READ FIRST TIME 02/08/2002.

Revising the crime of extortion in the second degree.  

    AN ACT Relating to extortion in the second degree; amending RCW 9A.56.130; and creating a new section.

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

NEW SECTION. Sec. 1.  The legislature intends to revise the crime of extortion in the second degree in response to the holding in State v. Pauling, 108 Wn. App. 445 (2001), by adding a requirement that the threat required for conviction of the offense be wrongful.

    Sec. 2.  RCW 9A.56.130 and 1975 1st ex.s. c 260 s 9A.56.130 are each amended to read as follows:

    (1) A person is guilty of extortion in the second degree if he or she commits extortion by means of a wrongful threat as defined in RCW 9A.04.110(25) (d) through (j).

    (2) In any prosecution under this section based on a threat to accuse any person of a crime or cause criminal charges to be instituted against any person, it is a defense that the actor reasonably believed the threatened criminal charge to be true and that his or her sole purpose was to compel or induce the person threatened to take reasonable action to make good the wrong which was the subject of such threatened criminal charge.

    (3) Extortion in the second degree is a class C felony.

    Passed the Senate February 18, 2002.

    Passed the House March 5, 2002.

Approved by the Governor March 14, 2002.

    Filed in Office of Secretary of State March 14, 2002.