H-0904.1 _______________________________________________
HOUSE BILL 1783
_______________________________________________
State of Washington 53rd Legislature 1993 Regular Session
By Representatives Van Luven, Ludwig, Padden, Scott, Wineberry, Ballasiotes and Johanson
Read first time 02/08/93. Referred to Committee on Judiciary.
AN ACT Relating to criminal property damage or destruction; and amending RCW 9A.48.010 and 9A.48.080.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 9A.48.010 and 1975-'76 2nd ex.s. c 38 s 6 are each amended to read as follows:
(1) For the purpose of this chapter, as now or hereinafter amended, unless the context indicates otherwise:
(a) "Building" has the definition in RCW 9A.04.110(5), and where a building consists of two or more units separately secured or occupied, each unit shall not be treated as a separate building;
(b) "Damages", in addition to its ordinary meaning, includes any charring, scorching, burning, or breaking, or agricultural or industrial sabotage, and shall include any diminution in the value of any property as a consequence of an act;
(c) "Malicious" or "maliciously," for purposes of RCW 9A.48.070 through 9A.48.100, exists either when a person (i) acts with the state of mind specified in RCW 9A.04.110(12); or (ii) intentionally damages or destroys property without having any reasonable belief that he or she is authorized to do so.
(2) To constitute arson it shall not be necessary that a person other than the actor should have had ownership in the building or structure damaged or set on fire.
Sec. 2. RCW 9A.48.080 and 1979 c 145 s 2 are each amended to read as follows:
(1) A person is guilty of malicious mischief in the second degree if he knowingly and maliciously:
(a) Causes physical damage to the property of another in an amount exceeding two hundred fifty dollars; or
(b) Creates a substantial risk of interruption or impairment of service rendered to the public, by physically damaging or tampering with an emergency vehicle or property of the state, a political subdivision thereof, or a public utility or mode of public transportation, power, or communication; or
(c) Notwithstanding RCW 16.52.070, causes physical damage, destruction, or injury by amputation, mutilation, castration, or other malicious act to another's pet dog or cat or to a horse, mule, cow, heifer, bull, steer, donkey, swine, goat, or sheep which is the property of another. This subsection does not prevent a conviction under RCW 9A.48.070(1)(a) if the physical damages exceed one thousand five hundred dollars.
(2) Malicious mischief in the second degree is a class C felony.
--- END ---