AN
ACT Relating to aggregating value for purposes of determining the degree of
theft; and amending RCW 9A.56.010.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
9A.56.010 and 1999 c 143 s 36 are each amended to read as follows:
The
following definitions are applicable in this chapter unless the context
otherwise requires:
(1)
"Access device" means any card, plate, code, account number, or other
means of account access that can be used alone or in conjunction with another
access device to obtain money, goods, services, or anything else of value, or
that can be used to initiate a transfer of funds, other than a transfer
originated solely by paper instrument;
(2)
"Appropriate lost or misdelivered property or services" means
obtaining or exerting control over the property or services of another which
the actor knows to have been lost or mislaid, or to have been delivered under a
mistake as to identity of the recipient or as to the nature or amount of the
property;
(3)
"Beverage crate" means a plastic or metal box-like container used by
a manufacturer or distributor in the transportation or distribution of
individually packaged beverages to retail outlets, and affixed with language
stating "property of . . . . .," "owned by
. . . . .," or other markings or words identifying ownership;
(4)
"By color or aid of deception" means that the deception operated to
bring about the obtaining of the property or services; it is not necessary that
deception be the sole means of obtaining the property or services;
(5)
"Deception" occurs when an actor knowingly:
(a)
Creates or confirms another's false impression which the actor knows to be
false; or
(b)
Fails to correct another's impression which the actor previously has created or
confirmed; or
(c)
Prevents another from acquiring information material to the disposition of the
property involved; or
(d)
Transfers or encumbers property without disclosing a lien, adverse claim, or
other legal impediment to the enjoyment of the property, whether that
impediment is or is not valid, or is or is not a matter of official record; or
(e)
Promises performance which the actor does not intend to perform or knows will
not be performed.
(6)
"Deprive" in addition to its common meaning means to make
unauthorized use or an unauthorized copy of records, information, data, trade
secrets, or computer programs;
(7)
"Merchandise pallet" means a wood or plastic carrier designed and
manufactured as an item on which products can be placed before or during
transport to retail outlets, manufacturers, or contractors, and affixed with
language stating "property of . . .," "owned by . . .,"
or other markings or words identifying ownership;
(8)
"Obtain control over" in addition to its common meaning, means:
(a)
In relation to property, to bring about a transfer or purported transfer to the
obtainer or another of a legally recognized interest in the property; or
(b)
In relation to labor or service, to secure performance thereof for the benefits
of the obtainer or another;
(9)
"Owner" means a person, other than the actor, who has possession of
or any other interest in the property or services involved, and without whose
consent the actor has no authority to exert control over the property or
services;
(10)
"Parking area" means a parking lot or other property provided by
retailers for use by a customer for parking an automobile or other vehicle;
(11)
"Receive" includes, but is not limited to, acquiring title,
possession, control, or a security interest, or any other interest in the
property;
(12)
"Services" includes, but is not limited to, labor, professional
services, transportation services, electronic computer services, the supplying
of hotel accommodations, restaurant services, entertainment, the supplying of
equipment for use, and the supplying of commodities of a public utility nature
such as gas, electricity, steam, and water;
(13)
"Shopping cart" means a basket mounted on wheels or similar container
generally used in a retail establishment by a customer for the purpose of
transporting goods of any kind;
(14)
"Stolen" means obtained by theft, robbery, or extortion;
(15)
"Subscription television service" means cable or encrypted video and
related audio and data services intended for viewing on a home television by
authorized members of the public only, who have agreed to pay a fee for the
service. Subscription services include but are not limited to those video
services presently delivered by coaxial cable, fiber optic cable, terrestrial
microwave, television broadcast, and satellite transmission;
(16)
"Telecommunication device" means (a) any type of instrument, device,
machine, or equipment that is capable of transmitting or receiving telephonic
or electronic communications; or (b) any part of such an instrument, device,
machine, or equipment, or any computer circuit, computer chip, electronic
mechanism, or other component, that is capable of facilitating the transmission
or reception of telephonic or electronic communications;
(17)
"Telecommunication service" includes any service other than
subscription television service provided for a charge or compensation to
facilitate the transmission, transfer, or reception of a telephonic
communication or an electronic communication;
(18)
Value. (a) "Value" means the market value of the property or
services at the time and in the approximate area of the criminal act.
(b)
Whether or not they have been issued or delivered, written instruments, except
those having a readily ascertained market value, shall be evaluated as follows:
(i)
The value of an instrument constituting an evidence of debt, such as a check,
draft, or promissory note, shall be deemed the amount due or collectible
thereon or thereby, that figure ordinarily being the face amount of the
indebtedness less any portion thereof which has been satisfied;
(ii)
The value of a ticket or equivalent instrument which evidences a right to
receive transportation, entertainment, or other service shall be deemed the
price stated thereon, if any; and if no price is stated thereon, the value
shall be deemed the price of such ticket or equivalent instrument which the
issuer charged the general public;
(iii)
The value of any other instrument that creates, releases, discharges, or
otherwise affects any valuable legal right, privilege, or obligation shall be
deemed the greatest amount of economic loss which the owner of the instrument
might reasonably suffer by virtue of the loss of the instrument.
(c)
Whenever any series of transactions which constitute theft, would, when
considered separately, constitute theft in the third degree because of value,
and said series of transactions are a part of a criminal episode or a
common scheme or plan, then the transactions may be aggregated in one count and
the sum of the value of all said transactions shall be the value considered in
determining the degree of theft involved.
For
purposes of this subsection, "criminal episode" means a series of
thefts committed by the same person from one or more mercantile establishments
on three or more occasions within a five-day period.
(d)
Whenever any person is charged with possessing stolen property and such person
has unlawfully in his possession at the same time the stolen property of more
than one person, then the stolen property possessed may be aggregated in one
count and the sum of the value of all said stolen property shall be the value
considered in determining the degree of theft involved.
(e)
Property or services having value that cannot be ascertained pursuant to the
standards set forth above shall be deemed to be of a value not exceeding two
hundred and fifty dollars;
(19)
"Wrongfully obtains" or "exerts unauthorized control"
means:
(a)
To take the property or services of another;
(b)
Having any property or services in one's possession, custody or control as
bailee, factor, lessee, pledgee, renter, servant, attorney, agent, employee,
trustee, executor, administrator, guardian, or officer of any person, estate,
association, or corporation, or as a public officer, or person authorized by
agreement or competent authority to take or hold such possession, custody, or
control, to secrete, withhold, or appropriate the same to his or her own use or
to the use of any person other than the true owner or person entitled thereto;
or
(c)
Having any property or services in one's possession, custody, or control as
partner, to secrete, withhold, or appropriate the same to his or her use or to
the use of any person other than the true owner or person entitled thereto,
where the use is unauthorized by the partnership agreement.
