| Passed by the Senate February 17, 2004 YEAS 48 ________________________________________ President of the Senate Passed by the House March 4, 2004 YEAS 89 ________________________________________ Speaker of the House of Representatives | I, Milton H. Doumit, Jr., Secretary of the Senate of the State of Washington, do hereby certify that the attached is SENATE BILL 6357 as passed by the Senate and the House of Representatives on the dates hereon set forth. ________________________________________ Secretary | |
| Approved ________________________________________ Governor of the State of Washington | Secretary of State State of Washington |
| State of Washington | 58th Legislature | 2004 Regular Session |
Read first time 01/19/2004. Referred to Committee on Judiciary.
AN ACT Relating to enhancements to criminal trespass law; 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 license
or privilege to enter or remain on improved and apparently used land
that is open to the public at particular times, which is neither fenced
nor otherwise enclosed in a manner to exclude intruders, is not a
license or privilege to enter or remain on the land at other times if
notice of prohibited times of entry is posted in a conspicuous manner;
(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.