BILL REQ. #: S-4131.2
State of Washington | 60th Legislature | 2008 Regular Session |
Read first time 01/16/08. Referred to Committee on Judiciary.
AN ACT Relating to crimes related to mail; amending RCW 13.40.0357; reenacting and amending RCW 9.94A.515; adding a new chapter to Title 9A RCW; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 The definitions in this section apply
throughout this chapter unless the context clearly requires otherwise.
(1) "Authorized depository" means a mailbox, post office box, or
rural box used by postal customers to deposit outgoing mail or used by
the postal service to deliver incoming mail.
(2) "Letter box" means a receptacle that is used for a specific
address intended or used for the receipt or delivery of mail on a mail
route.
(3)(a) "Mail" means a letter, card, parcel, or other material that:
(i) Is sent or delivered by means of the postal service;
(ii) Has postage affixed by the postal customer or postal service;
and
(iii) Is placed in an authorized depository or mail receptacle.
(b) "Mail" includes articles contained in mail.
(4) "Mail receptacle" means a place used by the postal service or
postal customers to place outgoing mail or receive incoming mail.
(5) "Postage" means a postal service stamp, permit imprint, meter
strip, or other authorized indication of prepayment for service
provided by the postal service for collection and delivery of mail.
(6) "Postal service" means the United States postal service.
(7) The phrase "of another" does not include persons with whom the
defendant has a familial, parental, spousal, employment, or other
relationship that would otherwise reasonably allow the defendant to
take, dispose of, or otherwise intercept the person's mail.
NEW SECTION. Sec. 2 (1) A person commits the crime of
obstruction of mail if the person intentionally obstructs or
unreasonably delays:
(a) The passage of the mail; or
(b) A carrier or conveyance carrying the mail.
(2) Obstruction of mail is a gross misdemeanor.
NEW SECTION. Sec. 3 (1) A person commits the crime of
destruction of letter boxes if the person knowingly and maliciously:
(a) Tears down or destroys a letter box belonging to another; or
(b) Breaks open a letter box belonging to another.
(2) Destruction of letter boxes is a gross misdemeanor.
NEW SECTION. Sec. 4 (1) A person commits the crime of
destruction of mail if the person knowingly and maliciously injures,
destroys, or defaces mail of another that has been deposited in an
authorized depository.
(2) Destruction of mail is a class C felony.
NEW SECTION. Sec. 5 (1) A person commits the crime of mail theft
or receipt of stolen mail if the person knowingly:
(a) Takes, or by fraud or deception, obtains mail of another from
a mail receptacle, authorized depository, or mail carrier;
(b) Secretes, embezzles, or destroys mail of another;
(c) Takes, or by fraud or deception, obtains mail of another that
has been left for collection on or adjacent to an authorized depository
or mail receptacle; or
(d) Buys, receives, conceals, or unlawfully possesses mail of
another knowing that the mail was taken, obtained, or embezzled as
described in this subsection.
(2) Mail theft or receipt of stolen mail is a class C felony.
NEW SECTION. Sec. 6 In a prosecution under this chapter, it is
a defense that the defendant acted under an honest claim of right in
that:
(1) The defendant was unaware that the property was that of another
person;
(2) The defendant reasonably believed that the defendant was
entitled to the property involved or had a right to acquire or dispose
of it as the defendant did; or
(3) The property involved was that of the defendant's minor child
or spouse, unless the parties were not living together as husband and
wife and were residing in, and intended to continually reside in,
separate abodes at the time of the alleged offense.
NEW SECTION. Sec. 7 Sections 1 through 6 of this act constitute
a new chapter in Title
Sec. 8 RCW 9.94A.515 and 2007 c 368 s 14 and 2007 c 199 s 10 are
each reenacted and amended to read as follows:
TABLE 2 | ||
CRIMES INCLUDED WITHIN EACH SERIOUSNESS LEVEL | ||
XVI | ||
XV | ||
XIV | ||
XIII | ||
XII | ||
XI | ||
X | ||
IX | ||
VIII | ||
VII | ||
VI | ||
V | ||
IV | ||
III | ||
Escape 2 (RCW 9A.76.120) | ||
II | ||
I | ||
Sec. 9 RCW 13.40.0357 and 2007 c 199 s 11 are each amended to
read as follows:
DESCRIPTION AND OFFENSE CATEGORY | ||||
JUVENILE DISPOSITION OFFENSE CATEGORY | DESCRIPTION (RCW CITATION) | JUVENILE DISPOSITION CATEGORY FOR ATTEMPT, BAILJUMP, CONSPIRACY, OR SOLICITATION | ||
. . . . . . . . . . . . | ||||
Arson and Malicious Mischief | ||||
A | Arson 1 (9A.48.020) | B+ | ||
B | Arson 2 (9A.48.030) | C | ||
C | Reckless Burning 1 (9A.48.040) | D | ||
D | Reckless Burning 2 (9A.48.050) | E | ||
B | Malicious Mischief 1 (9A.48.070) | C | ||
C | Malicious Mischief 2 (9A.48.080) | D | ||
D | Malicious Mischief 3 (9A.48.090(2) (a) and (c)) | E | ||
E | Malicious Mischief 3 (9A.48.090(2)(b)) | E | ||
E | Tampering with Fire Alarm Apparatus (9.40.100) | E | ||
E | Tampering with Fire Alarm Apparatus with Intent to Commit Arson (9.40.105) | E | ||
A | Possession of Incendiary Device (9.40.120) | B+ | ||
Assault and Other Crimes Involving Physical Harm | ||||
A | Assault 1 (9A.36.011) | B+ | ||
B+ | Assault 2 (9A.36.021) | C+ | ||
C+ | Assault 3 (9A.36.031) | D+ | ||
D+ | Assault 4 (9A.36.041) | E | ||
B+ | Drive-By Shooting (9A.36.045) | C+ | ||
D+ | Reckless Endangerment (9A.36.050) | E | ||
C+ | Promoting Suicide Attempt (9A.36.060) | D+ | ||
D+ | Coercion (9A.36.070) | E | ||
C+ | Custodial Assault (9A.36.100) | D+ | ||
Burglary and Trespass | ||||
B+ | Burglary 1 (9A.52.020) | C+ | ||
B | Residential Burglary (9A.52.025) | C | ||
B | Burglary 2 (9A.52.030) | C | ||
D | Burglary Tools (Possession of) (9A.52.060) | E | ||
D | Criminal Trespass 1 (9A.52.070) | E | ||
E | Criminal Trespass 2 (9A.52.080) | E | ||
C | Mineral Trespass (78.44.330) | C | ||
C | Vehicle Prowling 1 (9A.52.095) | D | ||
D | Vehicle Prowling 2 (9A.52.100) | E | ||
Drugs | ||||
E | Possession/Consumption of Alcohol (66.44.270) | E | ||
C | Illegally Obtaining Legend Drug (69.41.020) | D | ||
C+ | Sale, Delivery, Possession of Legend Drug with Intent to Sell (69.41.030(2)(a)) | D+ | ||
E | Possession of Legend Drug (69.41.030(2)(b)) | E | ||
B+ | Violation of Uniform Controlled Substances Act - Narcotic, Methamphetamine, or Flunitrazepam Sale (69.50.401(2) (a) or (b)) | B+ | ||
C | Violation of Uniform Controlled Substances Act - Nonnarcotic Sale (69.50.401(2)(c)) | C | ||
E | Possession of Marihuana <40 grams (69.50.4014) | E | ||
C | Fraudulently Obtaining Controlled Substance (69.50.403) | C | ||
C+ | Sale of Controlled Substance for Profit (69.50.410) | C+ | ||
E | Unlawful Inhalation (9.47A.020) | E | ||
B | Violation of Uniform Controlled Substances Act - Narcotic, Methamphetamine, or Flunitrazepam Counterfeit Substances (69.50.4011(2) (a) or (b)) | B | ||
C | Violation of Uniform Controlled Substances Act - Nonnarcotic Counterfeit Substances (69.50.4011(2) (c), (d), or (e)) | C | ||
C | Violation of Uniform Controlled Substances Act - Possession of a Controlled Substance (69.50.4013) | C | ||
C | Violation of Uniform Controlled Substances
Act - Possession of a Controlled Substance
(69.50.4012) | C | ||
Firearms and Weapons | ||||
B | Theft of Firearm (9A.56.300) | C | ||
B | Possession of Stolen Firearm (9A.56.310) | C | ||
E | Carrying Loaded Pistol Without Permit (9.41.050) | E | ||
C | Possession of Firearms by Minor (<18) (9.41.040(2)(a)(iii)) | C | ||
D+ | Possession of Dangerous Weapon (9.41.250) | E | ||
D | Intimidating Another Person by use of
Weapon (9.41.270) | E | ||
Homicide | ||||
A+ | Murder 1 (9A.32.030) | A | ||
A+ | Murder 2 (9A.32.050) | B+ | ||
B+ | Manslaughter 1 (9A.32.060) | C+ | ||
C+ | Manslaughter 2 (9A.32.070) | D+ | ||
B+ | Vehicular Homicide (46.61.520) | C+ | ||
Kidnapping | ||||
A | Kidnap 1 (9A.40.020) | B+ | ||
B+ | Kidnap 2 (9A.40.030) | C+ | ||
C+ | Unlawful Imprisonment (9A.40.040) | D+ | ||
Obstructing Governmental Operation | ||||
D | Obstructing a Law Enforcement Officer (9A.76.020) | E | ||
E | Resisting Arrest (9A.76.040) | E | ||
B | Introducing Contraband 1 (9A.76.140) | C | ||
C | Introducing Contraband 2 (9A.76.150) | D | ||
E | Introducing Contraband 3 (9A.76.160) | E | ||
B+ | Intimidating a Public Servant (9A.76.180) | C+ | ||
B+ | Intimidating a Witness (9A.72.110) | C+ | ||
Public Disturbance | ||||
C+ | Riot with Weapon (9A.84.010(2)(b)) | D+ | ||
D+ | Riot Without Weapon (9A.84.010(2)(a)) | E | ||
E | Failure to Disperse (9A.84.020) | E | ||
E | Disorderly Conduct (9A.84.030) | E | ||
Sex Crimes | ||||
A | Rape 1 (9A.44.040) | B+ | ||
A- | Rape 2 (9A.44.050) | B+ | ||
C+ | Rape 3 (9A.44.060) | D+ | ||
A- | Rape of a Child 1 (9A.44.073) | B+ | ||
B+ | Rape of a Child 2 (9A.44.076) | C+ | ||
B | Incest 1 (9A.64.020(1)) | C | ||
C | Incest 2 (9A.64.020(2)) | D | ||
D+ | Indecent Exposure (Victim <14) (9A.88.010) | E | ||
E | Indecent Exposure (Victim 14 or over) (9A.88.010) | E | ||
B+ | Promoting Prostitution 1 (9A.88.070) | C+ | ||
C+ | Promoting Prostitution 2 (9A.88.080) | D+ | ||
E | O & A (Prostitution) (9A.88.030) | E | ||
B+ | Indecent Liberties (9A.44.100) | C+ | ||
A- | Child Molestation 1 (9A.44.083) | B+ | ||
B | Child Molestation 2 (9A.44.086) | C+ | ||
Theft, Robbery, Extortion, and Forgery | ||||
B | Theft 1 (9A.56.030) | C | ||
C | Theft 2 (9A.56.040) | D | ||
D | Theft 3 (9A.56.050) | E | ||
B | Theft of Livestock 1 and 2 (9A.56.080 and 9A.56.083) | C | ||
C | Forgery (9A.60.020) | D | ||
A | Robbery 1 (9A.56.200) | B+ | ||
B+ | Robbery 2 (9A.56.210) | C+ | ||
B+ | Extortion 1 (9A.56.120) | C+ | ||
C+ | Extortion 2 (9A.56.130) | D+ | ||
C | Identity Theft 1 (9.35.020(2)) | D | ||
D | Identity Theft 2 (9.35.020(3)) | E | ||
D | Improperly Obtaining Financial Information (9.35.010) | E | ||
C | Mail Theft or Receipt of Stolen Mail (section 5 of this act) | D | ||
D | Destruction of Mail (section 4 of this act) | E | ||
B | Possession of a Stolen Vehicle (9A.56.068) | C | ||
B | Possession of Stolen Property 1 (9A.56.150) | C | ||
C | Possession of Stolen Property 2 (9A.56.160) | D | ||
D | Possession of Stolen Property 3 (9A.56.170) | E | ||
B | Taking Motor Vehicle Without Permission 1 (9A.56.070) | C | ||
C | Taking Motor Vehicle Without Permission 2 (9A.56.075) | D | ||
B | Theft of a Motor Vehicle (9A.56.065) | C | ||
Motor Vehicle Related Crimes | ||||
E | Driving Without a License (46.20.005) | E | ||
B+ | Hit and Run - Death (46.52.020(4)(a)) | C+ | ||
C | Hit and Run - Injury (46.52.020(4)(b)) | D | ||
D | Hit and Run-Attended (46.52.020(5)) | E | ||
E | Hit and Run-Unattended (46.52.010) | E | ||
C | Vehicular Assault (46.61.522) | D | ||
C | Attempting to Elude Pursuing Police Vehicle (46.61.024) | D | ||
E | Reckless Driving (46.61.500) | E | ||
D | Driving While Under the Influence (46.61.502 and 46.61.504) | E | ||
B+ | Felony Driving While Under the Influence (46.61.502(6)) | B | ||
B+ | Felony Physical Control of a Vehicle While Under the Influence (46.61.504(6)) | B | ||
Other | ||||
B | Animal Cruelty 1 (16.52.205) | C | ||
B | Bomb Threat (9.61.160) | C | ||
C | Escape 11 (9A.76.110) | C | ||
C | Escape 21 (9A.76.120) | C | ||
D | Escape 3 (9A.76.130) | E | ||
E | Obscene, Harassing, Etc., Phone Calls (9.61.230) | E | ||
A | Other Offense Equivalent to an Adult Class A Felony | B+ | ||
B | Other Offense Equivalent to an Adult Class B Felony | C | ||
C | Other Offense Equivalent to an Adult Class C Felony | D | ||
D | Other Offense Equivalent to an Adult Gross Misdemeanor | E | ||
E | Other Offense Equivalent to an Adult Misdemeanor | E | ||
V | Violation of Order of Restitution, Community Supervision, or Confinement (13.40.200)2 | V |
OPTION A JUVENILE OFFENDER SENTENCING GRID STANDARD RANGE | ||||||||||
A+ | 180 WEEKS TO AGE 21 YEARS | |||||||||
A | 103 WEEKS TO 129 WEEKS | |||||||||
A- | 15-36 | 52-65 | 80-100 | 103-129 | ||||||
WEEKS | WEEKS | WEEKS | WEEKS | |||||||
EXCEPT | ||||||||||
30-40 | ||||||||||
WEEKS FOR | ||||||||||
15-17 | ||||||||||
YEAR OLDS | ||||||||||
Current | B+ | 15-36 | 52-65 | 80-100 | 103-129 | |||||
Offense | WEEKS | WEEKS | WEEKS | WEEKS | ||||||
Category | ||||||||||
B | LOCAL | 52-65 | ||||||||
SANCTIONS (LS) | 15-36 WEEKS | WEEKS | ||||||||
C+ | LS | |||||||||
15-36 WEEKS | ||||||||||
C | LS | 15-36 WEEKS | ||||||||
Local Sanctions: | ||||||||||
0 to 30 Days | ||||||||||
D+ | LS | 0 to 12 Months Community Supervision | ||||||||
0 to 150 Hours Community Restitution | ||||||||||
D | LS | $0 to $500 Fine | ||||||||
E | LS | |||||||||
0 | 1 | 2 | 3 | 4 or more | ||||||
PRIOR ADJUDICATIONS |