General Requirements of Culpability.? In criminal law generally, there are four main types of mental states required to be found guilty of committing a crime, including intent, knowledge, recklessness, and criminal negligence.? Under the Washington State Criminal Code (Criminal Code), a person:
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Entity Liability.? Under the Criminal Code, a corporation is guilty of an offense when the conduct constituting the offense:
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An individual is criminally liable for conduct constituting an offense, which the individual performs or causes to be performed in the name of or on behalf of a corporation to the same extent as if such conduct were performed in the individual's own name or on the individual's behalf.?
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Whenever a duty to act is legally imposed upon a corporation, any agent who knows the agent shares primary responsibility for the duty is criminally liable for a reckless, or if a high managerial agent, a criminally negligent omission to perform the required act to the same extent as if the duty were imposed directly upon the agent.? Every corporation convicted of criminal conspiracy to commit any offense forfeits the right to do business in Washington.
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Classification of Crimes, Maximum Penalties, and the Sentencing Grid.? Crimes are classified as misdemeanors, gross misdemeanors, or felonies.? The classification of a crime generally determines the maximum term of confinement?prison or jail?fine imposed, or both, relating to an offense.? For each classification, the maximum terms of confinement and maximum fines are as follows:
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Classification | Maximum Confinement | Maximum Fine |
Misdemeanor | 90 days | $1,000 |
Gross Misdemeanor | 364 days | $5,000 |
Class C Felony | 5 years | $10,000 |
Class B Felony | 10 years | $20,000 |
Class A Felony | Life | $50,000 |
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When a person is convicted of a felony, the Sentencing Reform Act applies and determines a specific range of confinement within the statutory maximum.? Ranges are determined by a sentencing grid.? The sentencing grid provides a standard range of months for the sentence, based on both the severity, or seriousness level, of the offense and the convicted person's offender score, which is based on the offender's criminal history.? Seriousness levels range from I to XVI, and offender scores can range from zero to nine or more points.? A higher seriousness level or offender score results in a longer sentence.? If an offense does not have a designated serious level, also referred to as an unranked offense, then the maximum sentence is one year.
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Except where a special fine for entities is expressly specified for an offense, the maximum fines are as follows:
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Classification | Maximum Fine |
Misdemeanor | $50,000 |
Gross Misdemeanor | $250,000 |
Class C Felony | $500,000 |
Class B Felony | $750,000 |
Class A Felony | $1,000,000 |
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Water Pollution Control Act Generally and Criminal Penalties.? The Water Pollution Control Act (WPCA), sometimes referred to as the state Clean Water Act, grants the Department of Ecology (Ecology) authority to control and prevent the pollution of certain waters of Washington State, including lakes, rivers, ponds, streams, salt waters, and other waters within the state.? Under this authority, Ecology, among other things, establishes water quality standards for regulated waters and issues permits relating to the discharge of pollutants into such waters.
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The WPCA contains both civil and criminal penalties.? A person found guilty of willfully violating any provisions of the WPCA or Oil and Hazardous Substance Spill Prevention and Response Act, or any final written orders or directive of Ecology or a court is guilty of a gross misdemeanor.? If convicted, the person may be punished by a fine of up to $10,000, imprisonment for up to 364 days, or both, which is in the discretion of the court.? Each day of a willful violation may be deemed as a separate and additional violation.
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Clean Air Act Generally and Criminal Penalties.? The state Clean Air Act (CAA) grants Ecology, clean air agencies, and tribal governments authority to regulate outdoor air pollution in Washington.? Under this authority, the relevant regulating entity, among other things, issues air quality permits, sets emission standards for certain sources of air pollution, declares air pollution episodes, and requires greenhouse gas reporting.
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The CAA contains both civil and criminal penalties.? A person who knowingly violates any provisions of the CAA or other specified statutes relating to motor vehicle emission control, hydrofluorocarbons, the Clean Fuels Program, or any ordinance, resolution, or regulations implementing those provisions is guilty of a gross misdemeanor.? If convicted, the person may be punished by a fine of up to $10,000, imprisonment for up to 364 days, or both.
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A person who negligently releases into the ambient air any substance listed by Ecology as a hazardous air pollutant, other than in compliance with an applicable permit or emission limit, and who at the time negligently places another person in imminent danger of death or substantial bodily harm is guilty of a gross misdemeanor.? If convicted, the person may be punished by a fine of up to $10,000, imprisonment for up to 364 days, or both.? A person who knowingly commits the offense is guilty of a Class C Felony, which is punishable by a fine of up to $50,000, imprisonment for up to five years, or both.? A separate gross misdemeanor offense exists for certain clean air agency members failing to disclose a conflict of interest.
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Hazardous Waste Management Act Generally and Criminal Penalties.? The Hazardous Waste Management Act (HWMA) grants Ecology authority to regulate the management of hazardous wastes and releases of hazardous substances.? Under this authority, Ecology, among other things, adopts regulations relating to properly designating and managing certain dangerous or hazardous wastes.
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The HWMA contains both civil and criminal penalties.? A person who knowingly transports, treats, stores, handles, disposes of, or exports a hazardous substance in violation of the HWMA is guilty of a:
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A Class B Felony under this section is punishable by up to a $20,000 fine, ten years of imprisonment, or both.? A Class C Felony is punishable by up to a $10,000 fine, five years of imprisonment, or both.? Imminent danger means there is a substantial likelihood that harm will be experienced within a reasonable period of time should the danger not be eliminated, and knowingly refers to an awareness of facts, not awareness of law.
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A person who violates any provisions of the HWMA, or any implementing rules, and a person who knowingly aids or abets another in conducting any such violation is guilty of a gross misdemeanor.? If convicted, the person must be punished by a $100 to $10,000 fine, imprisonment for up to 364 days, or both, for each separate violation.? Each violation is a separate and distinct offense.
The bill as referred to committee not considered.
Terms Included in Certain Environmental Statutes.? The terms knows or knowingly and negligent or negligently are added to the WPCA, CAA, and HWMA.? "Knows or knowingly" means that a person is aware of the conduct that results in a violation; or the person has information that would lead a reasonable person in the same situation to believe that facts exist which facts are described by a statute defining an offense.? "Negligent or negligently" means a failure to use such care as a reasonably prudent and careful person would use under similar circumstances.
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Where applicable, "imminent danger" means that there is a substantial likelihood that harm will be experienced should the danger not be eliminated; and "substantial bodily harm" means bodily injury which involves a temporary but substantial disfigurement, or which causes a temporary but substantial loss or impairment of the function of any bodily part or organ, or which causes a fracture of any bodily part.
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Water Pollution Control Act Violations.? First Degree Violation.? A person is guilty of a WPCA violation in the first degree if the person knowingly violates any provisions of the WPCA, the Oil and Hazardous Substance Prevention and Response Act, or any final written orders or directive of Ecology or a court, or any permit issued under the WPCA or the federal Clean Water Act, and the person knows at the time that the conduct constituting the violation places another person in imminent danger of death or serious bodily harm.? A first degree violation is punishable as a Class B Felony.
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Second Degree Violation.? A person is guilty of a WPCA violation in the second degree if the person, under circumstances not amounting to a first degree violation,? knowingly violates any provisions of the WPCA, the Oil and Hazardous Substance Prevention and Response Act, or any final written orders or directive of Ecology or a court, or any permit issued under the WPCA or the federal Clean Water Act.? A second degree violation is punishable as a Class C Felony.
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Third Degree Violation.? A person is guilty of a WPCA violation in the third degree if the person, under circumstances not amounting to a first or second degree violation,? negligently violates any provisions of the WPCA, the Oil and Hazardous Substance Prevention and Response Act, or any final written orders or directive of Ecology or a court, or any permit issued under the WPCA or the federal Clean Water Act.? A third degree violation is a gross misdemeanor, punishable by a fine of up to $10,000 and costs of prosecution, by imprisonment for up to 364 days, or both, which is in the discretion of the court.
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Provisions Applying to Each Degree of Violation.? An entity is guilty of the offense if an agent of the entity commits the offense while acting within the scope of the agent's duties and on behalf of the entity.? Each day may be deemed a separate and additional violation. ?
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Clean Air Act Violations. ?First Degree Violation.? A person is guilty of a CAA violation in the first degree if the person knowingly releases into the ambient air any substance listed by Ecology as a hazardous or toxic air pollutant, other than in compliance with the terms of an applicable permit or emission limit, and the person knows at the time that the person thereby places: (1) another person in imminent danger of death or substantial bodily harm, or (2) any property of another person, or any natural resources owned by the state of Washington, or any of its local governments, in imminent danger of harm.? A first degree violation is punishable as a Class B Felony.
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Second Degree Violation.? A person is guilty of a CAA violation in the second degree if the person, under circumstances not amounting to a first degree violation:
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A second degree violation of the CAA is punishable as a Class C Felony.
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Third Degree Violation.? A person is guilty of a CAA violation in the third degree if the person, under circumstances not amounting to a first or second degree violation:
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A third degree violation is a gross misdemeanor, punishable by a fine of up to $10,000 and costs of prosecution, by imprisonment for up to 364 days, or both.
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Provisions Applying to Each Degree of Violation.? An entity is guilty of the offense if an agent of the entity commits the offense while acting within the scope of the agent's duties and on behalf of the entity.? Each day may be deemed a separate and additional violation.? For the purposes of the CAA violations, air pollutant does not include an odorous substance unless it is listed by Ecology as hazardous or toxic.
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Hazardous Waste Management Violations.? First Degree Violation.? A person is guilty of a HWMA violation in the first degree if the person knowingly transports, treats, stores, handles, disposes of, or exports a hazardous substance in violation of this chapter and the person knows at the time that the conduct constituting the violation:
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?A first degree violation is punishable as a Class B Felony.
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Second Degree Violation.? A person is guilty of a HWMA violation in the second degree if the person, under circumstances not amounting to a first degree violation, knowingly violates any provisions of the HWMA or the implementing rules.? A second degree violation of the HWMA is punishable as a Class C Felony.
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Third Degree Violation.? A person is guilty of a HWMA violation in the third degree if the person, under circumstances not amounting to a first or second degree violation, negligently violates any provisions of the HWMA or the implementing rules.? A third degree violation is a gross misdemeanor, punishable by a fine of up to $10,000 and costs of prosecution, by imprisonment for up to 364 days, or both.
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Provisions Applying to Each Degree of Violation.? An entity is guilty of the offense if an agent of the entity commits the offense while acting within the scope of the agent's duties and on behalf of the entity.? Each day may be deemed a separate and additional violation.
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Sentencing Grid.? First degree violations are included in the sentencing grid as seriousness level five offenses.? Second degree violations are included in the sentencing grid as seriousness level three offenses.
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Repealed Statutes.? Certain statutes relating to criminal penalties in the WPCA, CAA, and HWMA are repealed.