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Home My WebLink AboutOrdinance No. 0586CITY OF MEDINA NO 586 AN ORDINANCE ADOPTING PORTIONS OF RCW TITLE 9 CRIMES AND PUNISHMENTS AND RCW TITLE 9A WASHINGTON CRIMINAL CODE AND AMENDING MEDINA MUNICIPAL CODE SECTION 904030 THE CITY COUKCII OF THE CITY OF MEDINA ORDAINS AS FOLLOWS Section 1 Medina Municipal Code Section 904030 is amended to read as follows 904030 Statutes adopted by reference The following statutes as set forth in the Revised Code of Washington are adopted by reference as and for a portion of the criminal code of the city as if set forth in full in this title Also adopted by reference are all subsequent modifications to the sections or chapters of the Revised Code of Washington set forth in this chapter as the same may be changed amended or added to 901055 901110 901120 901130 901160 903010 903020 903030 904010 904020 904030 904 040 904050 9A04010 9A04020 9A04030 9A04040 9A04050 9A04060 9A04070 9A04080 9A04090 Immunity aiding officer Failure to act Civil remedies preserved Sending criminal letter Existing civil rights Abandoning discarding refrigeration equipment Permitting unused equipment to remain on premises Violation of RCW 903010 or 903020 False advertising Advertising divorce business Advertising cures of venereal diseases lost sexual potency Same evidence False misleading deceptive advertising Title effective date application severability captions Purpose principles of construction State criminal jurisdiction Classes of crimes People capable of committing crimes Common law to supplement statutes Who amenable to criminal statutes Limitation of actions Application of general provisions of code 1 9A04100 Proof beyond reasonable doubt 9A04110 Definitions 908010 Vicious animal at large 908020 Diseased animals 908030 False representation animals 908065 Definitions 908070 Pet animals taking concea 9A08010 9A08020 9A08030 9 16010 916030 916040 916050 916060 916070 916080 916150 9A16010 9A16020 9A16030 9A16040 9A16060 9A16070 9A16080 9A16090 9A16100 xiiiing ecc oenaizy General requirements of culpability Liability for conduct of another complicity Criminal liability of corporations and persons action on under a duty to act in their behalf Removing lawful brands Counterfeiting trademarks brand etc Displaying goods with false trademarks When deemed affixed Fraudulent registraticn of trademark Form and similitude defined Sales of petroleum products improperly labeled or by wrong grade Marked stamped or branded defined Definitions Use of force when lawful Homicide when excusable Justifiable homicide by police officer Duress Entrapment Action for being detained on mercantile establishment premises for investigation reasonable grounds as defense Intoxication Use of force on children policy actions 918080 Offender competent witness 918120 Suppression of competitive bidding 918130 Collusion to prevent competitive bidding 918140 Penalty 9A20010 Classification and designation of crimes 9A20020 Authorized sentences of offenders 9A20021 Maximum sentences for crimes committed July 1 1984 and after 9A20030 Alternatives to a fine restitution 923010 Criminal contempt 926A090 Telephone credit cards publishing number or code Prohibited acts 926A100 Definitions 926A110 Fraud in obtaining telecommunications service Penalty 926A120 Fraud in operating coin box telephone or other 926A130 927015 9A28020 9A28030 9A28040 931090 9A36041 9A36050 9A36070 938010 938020 940040 940100 940110 940 120 940130 9A40050 941010 941015 941030 941040 941045 941050 941 060 941070 941080 941090 941093 941095 941098 941100 941110 941120 941130 941140 941150 941160 941170 941180 941190 941200 941220 941230 941240 941250 941260 Obstructing court building or residence Criminal attempt Criminal solicitation Criminal conspiracy Escaped prisoner recaptured Assault in fourth degree Reckless endangerment Coercion False representation concerning credit False representation concerning title Spark emitting engines Injuring or tampering with fire alarm apparatus or equipment false alarm Penalty Incendiary devices definition Incendiary devices penalties Incendiary devices exceptions Custodial interference Terms defined Committing crime when arm Being armed prima facie e Certain persons forbidden Possession by offender Carrying pistol Exceptions Issue of license to carry Delivery to minors and of Sales regulations Exemptions Denial of application ed vidence of intent to possess arms hers forbidden Dealers to be licensed Dealers licenses by conditions thereof Certain transfers forbidden False information forbidden Alteration of identifying m Exemptions Penalty Aliens license to carry fi Setting spring gun Machine guns prohibited Machine guns defined Machine guns and parts cont Aiming and discharging fire Use of firearms by minor Dangerous weapons evidence Dangerous exhibitions whom granted and arks prohibited rearms raband arms 941270 941280 944080 9A44096 945 040 945060 945062 945070 945080 945090 945100 945120 945 122 945 124 945 125 945150 945180 945190 945230 945240 945250 946010 946020 946030 946110 946120 946 130 946150 946160 9A46010 9A46020 9A46030 9A46040 9A46050 9A46060 9A46070 9A46080 9A46090 degree Frauds on innkeeper Encumbered leased or rented personal property Failure to deliver leased personal property Mock auctions Fraudulent removal of property Knowingly receiving fraudulent conveyance Fraud of creditors Using false weights and measures Measurements Altering measuring devices Inducing violations Foreign matter in merchandise Fraud in operation coin box telephone receptacle Penalty for manufacture or sale of slugs to be used for coin Penalty Fraud in obtaining telephone or telegram service penalty Fraud in obtaining cable television service Gambling legislative declaration Definitions Certain gambling activities authorized Taxation of gambling activities Restrictions Inspection and audit of premises paraphernalia books and records Injunctions voiding of licenses permits or certificates Conducting gambling activity without license as violation penalties Legislative finding Definition Penalties Place where committed 4 Weapons apparently capable of producing bodily harm carrying exhibiting displaying or drawing unlawful penalty exceptions 9A46100 947120 947A010 947A020 947A030 947A040 947A050 9A48090 9A48100 951 9A52010 9A52070 9A52080 9A52090 9A52100 9A52120 954 130 9A56010 9A56020 9A56050 9A56060 9A56090 9A56100 9A56140 9A56170 9A56180 9A56220 9A56230 9A56240 958 9A60010 9A60040 9A60050 961140 961150 961160 961 170 961180 961190 961200 961210 961230 Convicted time when Stalking Bunco steering Glue sniffing Definitions Unlawful inhalation Possession of certain glue substance prohibited when Definitions burglary and trespass Criminal trespass in the first degree Criminal trespass in the second degree Criminal trespass defenses Vehicle prowling in the second degree Computer trespass in the second degree Restoration of stolen property duty of officer Definitions theft and robbery Theft definition defense Theft in third degree Unlawful issuance of checks or drafts Presumption on failure to return vehicle machinery or equipment pursuant to rental or lease agreement Theft and larceny equated Possessing stolen property definitions credit cards presumption Possessing stolen property in the third degree Obscuring identity of machine Libel and slander Definitions fraud Criminal impersonation False certification Endangering life and property by explosives penalty Damaging building by explosions penalty Threats to bomb or injure property Hoax no defense Penalty Carrier or racing pigeons injury to Removal or alteration of identification Penalty Telephone calls to harass intimidate torment Sale of certain glue substances prohibited Penalty 961240 961250 9A61010 9A61020 9A61050 9A61060 962010 962020 966010 966020 966030 966040 966050 968010 968015 968020 968030 968050 968060 968070 Instituting suit in name of another Public nuisance Unequal damage Maintaining or permitting nuisance Abatement of nuisance Deposit of unwholesome substance Obscene literature shows etc Exemptions Prohibited publications Indecent articles etc Erotic material definitions Determination by court labeling penalties Prosecution for violation of RCW 968060 defense 968080 Unlawful acts 968090 Civil liability of wholesalers or wholesale distributor 968100 Exception to provisions of RCW 968050 through 968120 968110 Motion picture operator or projectionist exempt 968120 Provisions of RCW 968050 through 968120 exclusivel 968A090 Communication with a minor for immoral purposes 968A110 Certain defenses barred permitted 969100 Withholding knowledge of felony involving violence penalty Duty of witness of offense 972090 Committal of witness 9A72010 Definitions perjury and interfering with official proceedings 9A72040 False swearing 9A72050 Perjury and false swearing inconsistent statements 9A72060 Perjury and false swearing retraction 9A72070 Perjury and false swearing irregularities no defense 9A72080 Statement of what one does not know to be true 9A72140 Jury tampering 9A72150 Tampering with physical evidence 973020 Opening sealed letter 9A76010 Definitions obstructing governmental operation or embarrass Permitting telephone to be used Offense where deemed committed 9A76020 Obstructing a public servant 9A76030 Refusing to summon aid for a peace officer 9A76040 Resisting arrest 9A76050 Rendering criminal assistance definition of term 9A76060 Relative defined 9A76070 Rendering criminal assistance in the first degree 9A76080 Rendering criminal assistance in the second degree 9A76090 Rendering criminal assistance in the third degree 9A76100 Compounding 9A76130 Escape in the third degree 9A76160 Introducing contraband in the third degree 9A76170 Bail Jumping 9A80010 Official misconduct 9A84010 Public disturbance riot 9A84020 Failure to disperse 9A84030 Disorderly conduct 9A84040 False reporting 986010 Flags etc defined 986020 Improper use of flag prohibited 986030 Desecration of flag 986040 Application of provisions 986050 Penalty 9A88010 Public indecency Indecent exposure 9A88020 Communication with a minor for immoral purposes 9A88030 Prostitution 9A88050 Prostitution no defense 9A88060 Promoting prostitution definitions 9A88090 Permitting prostitution 9A88110 Patronizing a prostitute 991025 Unlawful bus conduct 991060 Leaving children unattended in 992020 Punishment of gross misdemeanor by statute 992030 Punishment of misdemeanor when statute 992040 Punishment for contempt 1099 Domestic violence 2609 Domestic violence 2650 Domestic violence parked vehicle when not fixed not fixed by Section 2 Repealer The following sections of the Medina Municipal Code being repetitive or inconsistent with the State Statutes hereby adopted are repealed provided that such repeal shall not affect prosecution for violation of any provisions of said sections prior to the effective date of this ordinance 7 MMC 904020 Definitions MMC 908 Offenses against public peace MMC 912 Offenses against public decency MMC 916 Offenses by or against minors MMC 920030 Hours of sale MMC 920040 Possession of unsealed liquor prohibited MMC 920050 Supplying liquor for resale restricted MMC 920060 Sale to intoxicated person prohibited MMC 920070 Furnishing liquor to minors prohibited MMC 920090 Solicitation of orders prohibited exception MMC 920100 Solicitation of orders prohibited sufficiency of complaint summons warrant or proceeding MMC 920110 Solicitation of orders prohibited proof of intent MMC 920120 Acting without license MMC 920130 Unauthorized sale prohibited MMC 920140 Operation of still prohibited MMC 920150 Seized liquor disposition MMC 924 Miscellaneous offenses Section 3 Section 904050 Medina Municipal Code Section 904050 is amended to read as follows 904050 Violation Penalty Any person violating any of the provisions of this title shall be deemed guilty of misdemeanor or cross misdemeanor and upon conviction thereof shall be fined in an amount not exceeding 300 or be imprisoned for a period not exceeding 90 days or both so fined and imprisoned or imrisoned as set forth in the statutes or permitted to continue shall constitute a separate offense Section 4 Effective Date This ordinance shall take effect five 5 days after its publication or the publication of a summary of its intent and contents PASSED BY THE CITY COUNCIL ON THIS iK DAY OF IY1 199 AND SIGNED IN AUTHENTICATION OF ITS PASSAGE niTH rh DAY OF J 1994 8 Approved as to from Kirk R Wines CityAttorney Attest 7t 4 IULtNUlam L L n tatchelor City Clerk Filed with City Clerk SQ qq Published 5 Effective Date 0 mesas 9 Title 9 CRIMES AND PUNISHMENTS See also Washington Criminal Code Title 9A RCW General provisions AbortionAbortion ip Abandoned refrigeration equipment f Advertising crimes relating to to Anarchy and sabotage go Animals crimes relating to 912 Barratry W6 Brands and marks crimes relating to Bidding offensesBribery or corruption Offender as witness M Corporations crimes relating to 926A Telecommunications crime 987 Interference with court 1 Escaped prisoner recaptured 938 False representations 916 Fire crimes relating to 9A1 Firearms and dangerous weapons kim Forgery 9A5 Frauds and swindles 9d6 Gambling 1973 act 9A7 Gambling ICA Inhaling toxic fumes 951 juries crimes relating to 934 Larceny 935 Legislature crimes relating to 936 Libel and slander Ul Malicious mischiefInjury to property IQ Malicious prosecadon Abuse of process 9A Nuisance 9f6 Obscenity and pornography 9AA Sexual exploitation of children 40 Obstructing justice 972 Perjury 973 Privacy violating right of 9x1 Subversive activitks Treason 936 United States and state bags crimes relating to 9S1 Miscellaneous crimes 992 Punishment Prisoners State penal lustitntbnsl4ASentencingreformadof1961IMIndeterminatesentences 996 Restoration of civil rights 996A Restoration of employment rights 9A Prisoners Untried indictmenk informations complaints 9100 Agreement on detainers CeII disorder proclamation of state of emergency governors powers penalties RCW 4306100 through 4306170 Criminal justice training commission Education and training boards Chapter 43101 RCW Explosives Chapter 7074 RCW For list of miscellaneous crimes see list following chapter 991 RCW digest Health care false claim act Chapter 4880 RCW Threats against governor or family RCW 9A36090 Victims of crimes compensation Chapter 768 RCW Washington Criminal Code Title 9A RCW Chapter 901 GENERAL PROVISIONS Sections 901055 Citizen immunity if aiding officer scope When 901110 Omission when not punisbable 901120 Civil remedies preserved 901130 Sending letter when complete 901160 Application to existing civil rights Conviction of lesser crime RCW 1061010 Employment of prisoners by county sheriff RCW 3628100 Forfeiture or impeachment rights preserved RCW 4204040 Former acquittal or conviction Chapter 1043 RCW Indians jurisdiction in criminal and civil causes Chapter 3712 RCW Intent to defraud proof RCW 1058040 Juvenile offenders commitmem Chapters 1304 1334 RCW Neglect of duty by public oficen RCW 4220100 Presumption of innocence RCW 1058020 Prosecuting aaorneys duties in general Chapter 3627 RCW Seifincriminatian RCW 052090 901055 Citizen immunity N aiding officer scope When Private citizens aiding a police officer or other officers of the law in the performance of their duties as police officers or officers of the law shall have the same civil and criminal immunity as such officer as a result of any act or commission for aiding or attempting to aid a police officer or other officer of the law when such officer is in imminent danger of loss of life or grave bodily injury or when such officer requests such assistance and when such action was taken under emergency conditions and in good faith 1969 c 37 1j Persons rendering emergency care or transportation Immunity from liability RCW 414300 901110 Omission when not punishable No person shall be punished for an omission to perform an act when such act has been performed by another acting in his behalf and competent to perform it 1909 c 249 23 RRS 22751 901120 Civil remedies preserved The omission to specify or affirm in this act any liability to any damages rTltle 9 RCWpage 11 901120 Tide 9 RCW Crimes and Punishments penalty forfeiture or other remedy imposed by law and allowed to be recovered or enforced in any civil action or proceeding for any act or omission declared punishable herein shall not affect any right to recover or enforce the same 1909 c 249 44 RRS 22961 Effectj9 c 249 The repeal or abrogation by this act of any existing law shall nor revive any former law heretofore repealed nor affect any right already existing or accrued or any action a proceeding already taken except as in this act provided nor does it repeal any private statute or statute affecting civil rights or liabilities not expressly repealed 1909 c 249 1501 this act chapter 249 laws of 1909 has been codified as follows RCW 901010901050 901060 901070 901090901114 901120 901130 901150 901190 902010902050 904020 904030 905010 905050 905150 905160 908010 908040 909010 909060 911010 911050 912010 912020 915010 915020 916010 916070 916100 916150 918010 918110 919 010 919050922010 922030 923010 924010 924050 926010926020927010927100930010930050 931010 931 090 933010 933060 934010 934020 937010 937040 938010 938030 938050 940010 940040 941180 941230 941260 944010 944080 945010 945060 945070 945120 945150945170947080947100 947120 947130948010 949170 951010 951060 952030 952040 954010 954060 954110 954120 954130 955010 955020 958010 958090 958110 958120 959010 959050 961010 961070 962010 962020 965010 965030 966010 966050 968010 968020 968030 969010969090 972010 972110 973010 973020 975010 975020 976020 976050 979010 979120 980010 980050 982010 982030 983010 983060 986020 986030 987010 991010 991070 991090 992010 992060 992080 992120 1001060 1001110 1019010 1037020 1043010 1043030 1043050 1046010 1046050 1046090 1052030 1052060 1052090 1058020 1058040 1061010 1960010 1960060 2232010 2232050 2604240 2628060 2628070 3628100 40160104016030 4204040 4220010 4220100 49440204944080 5911230 66442306644130 6808 100 6808110 6808140 6824190 69400306940050 7054010 7054020 7034050 7054070 7054080 70742707074300 7108010 7108020 7604220 8140100 8148010 8148020 8148060 8156150 8156160 8160070 8808020 8808030 8808050 8808060 901130 Sending letter when complete Whenever any statute makes the sending of a letter criminal the offense shall be deemed complete from the time it is deposited in any post office or other place or delivered to any person with intent that it shall be forwarded and the sender may be proceeded against in the county wherein it was so deposited or delivered or in which it was received by the person to whom it was addressed 1909 c 249 22 RRS 22741 901160 AppAcation to existing civil rights Nothing in this act shall be deemed to affect any civil right orrremedyexistingatthetimewhenitshalltakeeffectby virtue of the common law or of the provision of any statute 1909 c 249 43 RRS 2295 Revtsees note For this act see now following RCW 901120 Chapter 902 ABORTION Sections 902005 Transfer of duties to the department of health 902050 Concealing birth 902100 Reproductive privacy Public policy 902110 Right to have and provide 902120 Unauthorized abortions Penalty 902130 Defenses to prosecution 902140 State regulation 902150 Refusing to perform 902160 State provided benefits 902170 Definitions 902900 Construction 1992 c 1 laipadve Measure No 120 902901 Severmiliry 1992 c I Initiative Measure No 120 902902 Short tide 1992 c 1 Initiative Measure No 120 Advertising or selling means of abortion RCW 968030 Right to medical treatment of infam born alive in the course of on a procedure RCW 1871240 902005 Transfer of duties to the departme health The powers and duties of the state board of h under this chapter shall be performed by the depanme health 1989 1st exs c 9 202 1985 c 213 31 Effective date Severability1989 1st exs c 9 see 4370910 and 4370920 SavingsEffective date 1985 a 213 See notes following 4320050 902050 Concealing birth Every person who endeavor to conceal the birth of a child by any dispos of its dead body whether the child died before or afte birth shall be guilty of a gross misdemeanor 1909 e 200 RRS 2452 902100 Reproductive privacy Public policy sovereign people hereby declare that every indivii possesses a fundamental right of privacy with respet personal reproductive decisions Accordingly it is the public policy of the stat Washington that 1 Every individual has the fundamental right to ch or refuse birth control 2 Every woman has the fundamental right to clu or refuse to have an abortion except as specifically him by RCW 902100 through 902170 and 902900 thm 902902 3 Except as specifically permitted by RCW 902 through 902170 and 902900 through 902902 the s shall not deny or interfere with a womans fundamental r to choose or refuse to have an abortion and 4 The state shall not discriminate against the exer of these rights in the regulation or provision of bene facilities services or information 1992 c 1 i Initia Measure No 120 approved November 5 1991 902110 Right to have and provide The state r not deny or interfere with a womans right to choose to b an abortion prior to viability of the fetus or to protect life or health A physician may terminate and a health care provi may assist a physician in terminating a pregnancy permitted by this section 1992 c I 2 Initiative Meas No 120 approved November 5 1991 902120 Unauthorized abortions Penalty 0111 authorized by RCW 902110 any person who performs abortion on another person shall be guilty of a class C fel punishable under chapter 9A20 RCW 1992 c I Initiative Measure No 120 approved November 5 199 Title 9 RCWpage 21 1992 Title 9 RCW Crimes and Punishments 902130 Defenses to prosecution The good faith glegt of a physician as to viability of the fetus or as todsktolireorhealthofawomanandthegoodfaith psent of a health care provider as to the duration ofpliashallbeadefenseinanyproceedinginwhichaofhischapterisanissue1992c14Initiative me No 20 approved November 5 1991 902140 State regulation Any regulation promulgat a by the state relating to abortion shall be valid only if 1 The regulation is medically necessary to protect the re or health of the woman terminating her pregnancy 2 The regulation is consistent with established medical EcIctiee ana 3 Of the available alternatives the regulation imposes de least restrictions on the womans right to have an abortion as defined by RCW 902100 through 902170 and x900 through 902902 1992 c 1 5 Initiative Mea R No 120 approved November 5 1991 902150 Refusing to perform No person or private dieal facility may be required by law or contract in any eumstances to participate in the performance of an sting if such person or private medical facility objects to doing No person may be discriminated against in ployment or professional privileges because of the tons participation or refusal to participate in the termina 1 of a pregnancy 1992 c I 6 Initiative Measure No I approved November 5 1991 902160 State provided benefits If the state Miles directly or by contract maternity care benefits rvices or information to women through any program ministered or funded in whole or in part by the state the ae shall also provide women otherwise eligible for any dt program with substantially equivalent benefits services information in permit them to voluntarily terminate their rgnancies 1992 c 1 7 Initiative Measure No 120 Proved November 5 1991 902170 Definitions For purposes of this chapter 1 Viability means the point in the pregnancy when the judgment of the physician on the particular facts of case before such physician there is a reasonable likeli od of the fetuss sustained survival outside the uterus hour the application of extraordinary medical measures 2 Abortion means any medical treatment intended to nce the termination of a pregnancy except for the purpose Producing a live birth 3 Pregnancy means the reproductive process begin with the implantation of an embryo Physician means a physician licensed to practice ler chapter 1857 or 1871 RCW in the state of Washing Health care provider means a physician or a an acting under the general direction of a physician 6 State means the state of Washington and counties s towns municipal corporations and quasi municipal Orations in the state of Washington 902130 7 Private medical facility means any medical facility that is not owned or operated by the state 1992 c 1 8 Initiative Measure No 120 approved November 5 1991 902900 Construction1992 c 1 Initiative Measure No 120 RCW 902100 through 902170 and 902900 through 902902 shall not be construed to define the states interest in the fetus for any purpose other than the specific provisions of RCW 902 100 through 902170 and 902900 through 902902 1992 c 1 10 Initiative Measure No 120 approved November 5 1991 902901 SeverabMty 1992 c 1 Initiative Measure No 120 If any provision of RCW 902100 through 902170 and 902900 through 902902 or its application to any person or circumstance is held invalid the remainder of RCW 902 100 through 902170 and 902900 through 902902 or the application of the provision to other persons or circumstances is not affected 1992 c 1 I 1 Initiative Measure No 120 approved November 5 1991 902902 Short title 1992 c 1 Initiative Measure No 120 RCW 902100 through 902170 and 902900 through 902902 shall be known and may be cited as the Reproductive Privacy Act 1992 c 1 12 Initiative Measure No 120 approved November 5 1991 Chapter 903 ABANDONED REFRIGERATION EQUIPMENT Section 903010 Abandoning discarding refrigeration equipment 903020 Permitting unused equipment to remain on premises 903030 Violation of RCW 903010 or 903020 903040 Keeping or storing equipment for sale 903010 Abandoning discarding refrigeration equipment Any person who discards or abandons or leaves in any place accessible to children any refrigerator icebox or deep freeze locker having a capacity of one and one half cubic feet or more which is no longer in use and which has not had the door removed of a portion of the latch mecha nism removed to prevent latching or locking of the door is guilty of a misdemeanor 1955 c 298 1 903020 Permitting unused equipment to remain on premises Any owner lessee or manager who knowingly permits such an unused refrigerator icebox or deep freeze locker to remain on the premises under his control without having the door removed or a portion of the latch mecha nism removed to prevent latching or locking of the door is guilty of a misdemeanor 1955 c 298 21 903030 Violation of RCW 903010 or 903020 Guilt of a violation of RCW 903010 or 903020 shall not in itself render one guilty of manslaughter battery or other crime against a person who may suffer death or injury from entrapment in such refrigerator icebox or deep freeze locker 1955 c 298 3 PA rTiti 4 RrWoaae 31 903040 Title 9 RCW Crimes and Punishments 903040 Keeping or storing equipment for sale Any person who keeps or stores refrigerators iceboxes or deep freeze lockers for the purpose of selling or offering them for sale shall not be guilty of a violation of this chapter if he takes reasonable precautions to effectively secure the door of any refrigerator icebox or deep freeze locker held for purpose of sale so as to prevent entrance of children small enough to fit into such articles 1955 c 298 4 Chapter 904 ADVERTISING CRIMES RELATING TO Sections 904010 False advertising 904040 Advertising cures of lost sexual potency Evidence 904050 False misleading deceptive advertising 904060 False misleading deceptive advertising Action to restrain and prevent 904070 False misleading deceptive advertising PenaltyOther remedies and penalties not applicable 904080 Fake misleading deceptive advertising Assnnnce of discontinuance of unlawful practice 904090 Advertising fuel prices by service stations Apple advertising Chapter 1524 RCW Attaching advertisement to utility poles RCW 7054090 7054100 Attorneys as law advertising Rules of court Cade of Professional Responsibility CPRCanon 2 Batiks and trust companies advertising legal services RCW 3004260 using words indicating RCW 3004020 Buildings placing advertising matter on Chapter 9A48 RCW Charitable solicitations regulation application of chapter 904 RCW RCW 1909340 Contraceptives or seams of abortion advertising RCW 968030 Dentistry advertising nsnicdons RCW 1832665 1832755 Egg law advertising violations Chapter 6925 RCW Elections advertising violations iWdative or referendum petition signers RCW 2979490 recall petition signers RCW 2982120 Employment agencies faire advertising Chapter 1931 RCW Food drugs and cosmetics Chapter 6904 RCW Hearing aid dispensing advertising erc Application RCW 1831180 indecent articles RCW 968030 Insurance unlawful advertising practices Chapter 4830 RCW Oleomargarine advertising RCW 1540030 1540050 Optometry advertising RCW 153140 1853150 Store parks advertising prohibited RCW 4351180 904010 False advertising Any person firm corporation or association who with intent to sell or in any wise dispose of merchandise securities service or anything offered by such person firm corporation or association directly or indirectly to the public for sale or distribution or with intent to increase the consumption thereof or to induce the public in any manner to enter into any obligation relating thereto or to acquire title thereto or an interest therein stakes publishes disseminates circulates or places before the public or causes directly or indirectly to be made published disseminated circulated or placed before the public in this state in a newspaper or other publication or in the form of a books notice handbill poster bill circular pamphlet or letter or in any other way an advertisement of any sort regarding merchandise securities service or anything so offered to the public which advertis contains any assertion representation or statement of which is untrue deceptive or misleading shall be gum a misdemeanor PROVIDED That the provisions of t section shall not apply to any owner publisher agew employee of a newspaper for the publication of A advertisement published in good faith and without know of the falsity thereof 1913 c 34 1 RRS 26221 904040 Advertising cures of lost sexual potesk Evidence Any advertisement in any newspaper pen pamphlet circular or other written or printed paper o ing the words lost manhood lost vitality lost vive monthly regulators for women or words synonytherewithshallbeprimafacieevidenceofintenttoviolate RCW 904030 and 904040 by the person or persons al advertising or causing to be advertised or publishing permitting to be published or distributing circulating ai displaying or causing to be distributed circulated or din played any such advertisement 1921 c 168 2 RRS I 2462 11 Revisers note RCW 904030 was repealed by 1987 c 456 904050 False misleading deceptive adverdshF It shall be unlawful for any person to publish disseminaeeq display or cause directly or indirectly to be publisher disseminated or displayed in any manner or by any meat including solicitation or dissemination by mail telephoneQ door to door contacts any false deceptive or misleadmg advertising with knowledge of the facts which render the advertising false deceptive or misleading for any business trade or commercial purpose or for the purpose of indudei or which is likely to induce directly or indirectly the pu611e to purchase consume lease dispose of utilize or sell aq property or service or to enter into any obligationtrR transaction relating thereto PROVIDED That nothing it this section shall apply to any radio or television broadcmR ing station which broadcasts or to any publisher printer distributor of any newspaper magazine billboard or 011W advertising medium who publishes prints or distributes sugh advertising in good faith without knowledge of its false deceptive or misleading character 1961 c 189 11 Severffity1961 c 189 if any provision of thistact is dcdwd unconstitutional or the applicability thereof to any person or cimumsmoisheldinvalidtheconstitutionalityoftheremainderoftheactanddes applicability thereof to other persons and circumstances shall not be affamlthereby1961c18915ThisappliestoRCW904050throat 904080 Blind made products false advertising RCW 1906030 1906040 Highway advertising control act of 1961 Scenic vistas Act of 1971 Chapter 4742 RCW 904060 False misleading deceptive adverdsint Action to restrain and prevent The attorney general Of the prosecuting attorneys of the several counties may bringanactioninthesuperiorcourttorestrainandprevent01personfromviolatinganyprovisionofRCW9 through 904080 1961 c 189 2 904070 False misleading deceptive advertisingPenaltyOtherremediesandpenaltiesnotappliesbidAnypersonwhoviolatesanyorderorinjunctionisstt 1992036 Tide 9 RCW Crimes and Punishments RCp 904050 through 904080 shall be subject of not Wort than five thousand dollars or imprison not more hart ninety days or both W 901090 shall not be applicable to the terms of 0 050 through 904080 and no penalty or remedy ult from s expressly to on rovided herein 1961 c 189exceptP nose RCW 901090 was repealed by 1975 in exs a 260 Won False misleading deceptive advertising gepee of discontinuance of unlawful practice In the lament of RCW 904050 through 904080 the official rdeg RCP 904050 through 904080 may accept an agree of discontinuance of any as or practice deemed in pion of RCW 904050 through 904080 from any a engaging in or who has engaged in such act or dce Any such assurance shall be in writing and be filed and subject to the approval of the superior court of the ay in which the alleged violator resides or has his cipa place of business or in Thurston county A doe of such assurance shall coostinue prima facie proof violation of RCW 904050 through 904080 PRO 1D That after commencement of any action by a xaang attorney as provided herein the attorney general M accept an assurance of discontinuance without the est of the prosecuting attorney 1961 c 189 4 964090 Advertising fuel prices by service station Is unlawful for any dealer or service station as both are in RCW 8236010 to advertise by publication k display or whatever means t 1 A price per unit of fuel that is expressed in a unit of went different from that employed by the pump or liter device used to dispense the fuel unless the price is iiertised for both units of measurement in the same lrhion or Wt 2 A price per unit of fuel that is conditioned upon the of another product unless the conditional language otherWftandpriceofthe k Athwfisoment in characters at least one half the h of irdwactets used to advertise the fuel price VMadw of this section is a misdemeanor and is subject la die provisions of RCW 904060 through 904080 11983 t 114 11 Chapter 905 ANARCHY AND SABOTAGE UUM Criminal anarchy definW Advocating criminal anarchyPenalty v Assemblages of anarchists Pbrminfng premises to be aced for assemblages of anar 3A50 chists EvidenceSelfinpimiaation 905260 Sabotage defined Ponalty Subversive activities act Chapter 981 RCW Insurfa case with owners control d3nr Penalty for advocating sabotageProvmonacunallidwe t00BStI0 Diayfug emblem of seditious and anarchistic groupspossessionofemblemsunlawful z sd 905120 Penalty 905130 Searches and seizures 905140 Exceptions 905150 Publishing matter inciting breach of peace 905260 liability of editors and others Subversive activities act Chapter 981 RCW Treason Chapter 982 RCW 904070 905010 Criminal anarchy defined Criminal anarchy is the doctrine that organized government should be overthrown by force or violence or by assassination of the executive head or of any of the executive officials of government or by any unlawful means The advocating of such doctrine either by word of mouth by writing by radio or by printing is a felony 1941 c 215 1 1909 c 249 310 1903 c 45 1 Rem Supp 1941 2562 Defamation radio broadcasting Chapter 1964 RCW 905020 Advocating criminal anarchy Penalty Every person who 1 By word of mouth by writing by radio or by printing shall advocate advise or teach the duty necessity or propriety of overthrowing or overturning organized govern ment by force or violence or by assassination of the executive head or of any of the executive officials of government or by any unlawful means or 2 Shall print publish edit issue or knowingly circu late sell distribute or publicly display any book paper document or written or printed matter in any form contain ing or advocating advising or teaching the doctrine that organized government should be overthrown by force violence or any unlawful means or 3 Shall openly willfully and deliberately justify by word of mouth by writing by radio or by printing the assassination or unlawful killing or assaulting of any executive or other officer of the United States or of any state or of any civilized nation having an organized government because of his or her official character or any other crime with intent to teach spread or advocate the propriety of the doctrines of criminal anarchy or 4 Shall organize or help to organize or become a member of or voluntarily assemble with any society group or assembly of persons formed to teach or advocate such doctrine Shall be punished by imprisonment in a state correction al facility for not more than ten years or by a fine of not more than five thousand dollars or by both No person convicted of violating any of the provisions of RCW 905010 or 905020 shall be an employee of the state or any department agency or subdivision thereof during the five years next following his or her conviction 1992c7 1 1941c215 21909c249 311 1903c45 2 Rem Supp 1941 25631 905030 Assemblages of anarchists Whenever two or more persons assemble for the purpose of advocating or teaching the doctrines of criminal anarchy as defined in RCW 905010 such an assembly is unlawful and every person voluntarily participating therein by his or her pres ence aid or instigation shall be punished by imprisonment in a state correctional facility for not more than ten years or by a fine of not more than five thousand dollars or both Title 9 RCWpage 31 905030 Title 9 RCW Crimes and Punishments 1992 c 7 2 1909 c 249 314 1903 c 45 4 RRS 2566 905040 Permitting premises to be used for assem blages of anarchists Every owner agent superintendent janitor caretaker or occupant of any place building or room who shall wilfully and knowingly permit therein any assemblage of persons prohibited by RCW 905030 or who after notification that the premises are so used shall permit such use to be continued shall be guilty of a gross misde meanor 1909 c 249 315 RRS 2567 905050 Evidence Self incrimination No person shall be excused from giving evidence upon an investigation or prosecution for any of the offenses specified in RCW 905020 or 905030 upon the ground that the evidence might tend to criminate himself 1909 c 249 316 RRS 2568 Revisers note Caption for 1909 c 249 316 reads as follows SEC 316 Wf7NESS PRIVILEGE Inerinanating testimony not to be used RCW 1052090 Rights of accused persons State Cowtitudon An 1 9 905060 Sabotage definedPenalty Whoever with intent that his act shall or with reason to believe that it may injure interfere with or obstruct any agricultural stoclaaising lumbering mining quarrying fishing manufac turing transportation mercantile or building enterprise wherein persons are employed for wage shall wilfully injure or destroy or attempt or threaten to injure or destroy any property whatsoever or shall wilfully derange or attempt or threaten to derange any mechanism or appliance shall be guilty of a felony 1919 c 173 1 RRS 2563 31 Endangering Ufe by breach of labor contract RCW 4944080 Festive steam in boilers RCW 7054080 Malicious injury to railroad property RCW 8160070 Mdkwus mischiefInjary to property Chapter 9A48 RCW Sabotaging rafting ttock RCW 8160080 905070 Interference with owners control Whoev er with intent to supplant nullify or impair the owners management or control of any enterprise described in RCW 905060 shall unlawfully take or retain or attempt or threaten unlawfully to take or retain possession or control of any property or instrumentality used in such enterprise shall be guilty of a felony 1919 c 173 2 RRS 25634 905080 Penalty for advocating sabotage Whoever shall 1 Advocate advise or teach the necessity duty propriety or expediency of doing or practicing any of the acts made unlawful by RCW 905060 or 905070 or 2 Print publish edit issue or knowingly sell circulate distribute or display any book pamphlet paper hand bill document or written or printed matter of any form advocat ing advising or teaching such necessity duty propriety or expediency or 3 By word of mouth or writing justify any act or conduct with intent to advocate advise or teach such necessity duty propriety or expediency or ftlae 9 RCWpa9e 63 4 Organize or help to organize give aid to b member of or voluntarily assemble with any group t persons formed to advocate advise or teach such necessir duty propriety or expediency Shall be guilty of a felony 1919 c 173 3 RRS 2563 5 905090 Provisions cumulative RCW 905 06 through 905080 shall not be construed to repeal or amen any existing penal statute 1919 c 173 4 RRS 25636 905100 Displaying emblems of seditious an anarchistic groups No flag banner standard insignk badge emblem sign or other device of or suggestive of an organized or unorganized group of persons who by the laws rules declarations doctrines creeds purposes pracct es or efforts espouse propose or advocate any theon principle or form of government antagonistic to or subvet sive of the Constitution its mandates or laws of the Unite States or of this state shall be displayed in this state 191 c 181 1 RRS 2563 7 905110 Possession of emblems unlawful Th ownership or possession of any article or thing the displa of which is forbidden by RCW 905 100 through 90514 shall be unlawful 1919 c 181 2 RRS 2563 8 905120 Penalty Any person who violates RCP 905100 through 905140 shall be guilty of a felony Al officer trustee director agent or employee of a corporatiol or association who participates in the doing or assists or act for the corporation or association in the doing of anything prohibited by RCW 905100 through 905140 shall bt guilty of a felony 1919 c 181 3 RRS 2563 9 905130 Searches and seizures Every article 0 thing owned or kept in violation of RCW 905 100 througi 905140 is hereby declared to be pernicious and dangerou to the public welfare and subject to be searched for seized forfeited and destroyed 1919 c 181 4 RRS 2563 10 905140 Exceptions Nothing in RCW 90510 through 905140 shall apply to the ownership possession a display of flags banners standards insignia badges or emblems of any nation having accredited representatives it the United States or in its territories or possessions nor shat RCW 905100 through 905140 apply to historical muse of recognized standing 1919 c 181 5 RRS 256311 905150 Publishing matter inciting breach of peace Every person who shall wilfully print publish edit issue or knowingly circulate sell distribute or display any book paper document or written or printed matter in any form advocating encouraging or inciting or having a tendency tc encourage or incite the commission of any crime breach of the peace or act of violence or which shall tend to encour age or advocate disrespect for law or for any court or coups of justice shall be guilty of a gross misdemeanor 1909 c 249 312 RRS 2564 Defamation radio broadcasting Chapter 1964 RCW 1992 Ed Title 9 RCW Crimes and Punishments ay 905160 Liability of editors and others Everyorproprietorofabooknewspaperorserialandevery Eger of a partnership or incorporated association byVWcbabooknewspaperorserialisissuedischargeable Wb be publication of any matter contained in such book agyspapa or serial But in every prosecution therefor the meant may show in his defense that the matter comofwaspublishedwithouthisknowledgeorfaultand ggynst his wishes by another who had no authority fromMattomakethepublicationandwasretractedbyhimas moo as known 1909 c 249 313 c 45 3 RRS 2565 Chapter 908 ANUAALS CRD S RELATING TO Sections 9AL020 Diseased animals 9A Mo False eestifieate of msisuation of anitods False repteseota tion as to breed 9AL065 DdWtiom 9AL010 Fat aaitaalsTaking concealing injuring killing etc Peodty ULM Aen against animal Estill ties tmem 9A M Acts agaitat animal faeHities Aannir strays bands and fences Tde 16 RCW a Chapter 1560 RCW ILmdr and marks generally Chapter 916 RCW A naming at large RCW 1624180 through 1614210 Carrier or racing pigeonsInjury to RCW 961190 and 961200 Covey dog license sus Chapter 3649 RCW RCW 3649070 Toylne getters use permitted RCW 941185 Cindy to Ad alt generally Chapter 1652 RCW god in transit RCW 8156120 Dnmybq animals in state parks RCW 4311180 Disposal of dead animals Chapter 1668 RCW Dogs Chapter 1608 RCW Game code Title 77 RCW Roan mules and asses running at large Chapter 1614 RCW Indybags beneficial insects Chapter 1561 RCW Pollee dog horning RCW 9A76200 Qnarantabte of diseased domestic animals Chapter 1636 RCW Race homes Chapter 6716 RCW Sheep disease control Chapter 1644 RCW RCW 1644180 Stedieg horses or tank Chapter 9A56 RCW SOeluy of indictment or irrfornation in trines involving animals RCW 1037070 7rOUNrdag in unsafe marmer RCW 1612080 9AL020 Diseased animals Every owner or person having charge thereof who shall import or drive into this state or who shall turn out or suffer to run at large upon any highway or unenclosed lands or upon any lands adjoining the enclosed lands kept by any person for pasture or who shall keep or allow to be kept in any barn with other animals or water or allow to be watered at any public drinking fountain or watering place any animal having any contagious or infectious disease or who shall sell let or dispose of any such animal knowing it to be so diseased without first apprising the purchaser or person taking it of the existence of such disease shall be guilty of a misde 905160 meanor 1909 c 249 288 Code 1881 923 RRS 2540 Etposure w contagious diseases penalty RCW 7054050 Nuisance Chapters 748 966 RCW Pollution of drinking water or watershed Chapter 3588 RCW RCW 7054010 7054030 Quarantine of diseased domestic animals Chapter 1636 RCW Sheep disease control Chapter 1644 RCW RCW 1644380 908030 False certificate of registration of ani mals False representation as to breed Every person who by color or aid of any false pretense representation token or writing shall obtain from any club association society or company for the improvement of the breed of cattle horses sheep swine fowls or other domestic animals or birds a certificate of registration of any animal or bird in a herdbook or other register of any such association society or company or a transfer of any such registration and every person who shall knowingly represent an animal or bird for breeding purposes to be of a greater degree of any particular strain of blood than such animal actually possesses shall be guilty of a gross misdemeanor 1909 c 249 341 RRS 2593 908065 Definitions As used in RCW 908070 1 Pet animal means a tamed or domesticated animal legally retained by a person and kept as a companion Pet animal does not include livestock raised for commercial purposes 2 Research institution means a facility licensed by the United States department of agriculture to use animals in biomedical or product research 3 USDA licensed dealer means a person who is licensed or required to be licensed by the United States department of agriculture to commercially buy receive sell negotiate for sale or transport animals 1989 c 359 1 908070 Pet animals Taking concealing injuring killing etc Penalty 1 Any person who with intent to deprive or defraud the owner thereof does any of the following shall be guilty of a gross misdemeanor and shall be punished as prescribed under RCW 9A200212 and by a mandatory fine of not less than five hundred dollars per Pet animal except as provided by d of this subsection a Takes leads away confines secretes or converts any pet animal except in cases in which the value of the pet animal exceeds two hundred fifty dollars b Conceals the identity of any pet animal or its owner by obscuring altering or removing from the pet animal any collar tag license tattoo or other identifying device or mark c Willfully or recklessly kills or injures any pet animal unless excused by law d Nothing in this subsection or subsection 2 of this section shall prohibit a person from also being convicted of separate offenses under RCW 9A56030 9A56040 or 9A56050 for theft or under RCW 9A56150 9A56160 or 9A56170 for possession of stolen property 2a It is unlawful for any person to receive with intent to sell to a research institution in the state of Washing ton or sell or otherwise directly transfer to a research 1992 FA Title 9 RCWpage 71 908070 Title 9 RCW Crimes and Punishments institution in the state of Washington a pet animal that the person knows or has reason to know has been stolen or fraudulently obtained This subsection does not apply to USDA licensed dealers b The fast conviction under a of this subsection is a gross misdemeanor and is punishable as prescribed under RCW 9A200212 and by a mandatory fine of not less than five hundred dollars per pet animal A second or subsequent conviction under a of this subsection is a class C felony and is punishable as prescribed under RCW 9A200211c and by a mandatory fine of not less than one thousand dollars per pet animal 3a It is unlawful for any person who knows or has reason to know that a pet animal has been stolen or fraudu lently obtained to sell or otherwise transfer the pet animal to another who the person knows or has reason to know has previously sold a stolen or fraudulently obtained pet animal to a research institution in the state of Washington b A conviction under a of this subsection is a class C felony and shall be punishable as prescribed under RCW 9A200211c and by a mandatory fine of not less than one thousand dollars per pet animal 4a It is unlawful for a USDA licensed dealer to receive with intent to sell or sell or transfer directly or through a third party to a research institution in the state of Washington a pet animal that the dealer knows or has reason to know has been stolen or fraudulently obtained b A conviction under a of this subsection is a class C felony and shall be punishable as prescribed under RCW 9A200211c and by a mandatory fine of not less than one thousand dollars per pet animal 5 The sale receipt or transfer of each individual pet animal in violation of subsections 1 2 3 and 4 of this section constitutes a separate offense 6 The provisions of subsections 1 2 3 and 4 of this section shall not apply to the lawful acts of any employee agent or director of any humane society animal control agency or animal shelter operated by or on behalf of any government agency operating under law 1989 c 359 21982c114 1 Appliw4on of coruwner protection act RCW 1986145 908080 Acts against animal facilities Intent There has been an increasing number of illegal acts commit ted against animal production and research facilities involv ing injury or loss of life to animals or humans criminal trespass and damage to property These actions not only abridge the property rights of the owners operators and employees of the facility they may also damage the public interest by jeopardizing crucial animal production or agricul asal scientific or biomedical research These actions may also threaten the public safety by exposing communities to public health concerns and creating traffic hazards These actions substantially disrupt or damage research and result in the potential loss of physical and intellectual property While the criminal code particularly the malicious mischief crimes adequately covers those who intentionally and without authority damage or destroy farm animals the code does not adequately cover similar misconduct directed against research and educational facilities Therefore it is in the interest of the people of the state of Washington to protect the welfare of humans and animals as well as the productive use of private or public funds to promote and protect scientific and medical research foster education and preserve and enhance agricultural production It is the intent of the legislature that the courts in deciding applications for injunctive relief under RCW 424580 give full consideration to the constitutional rights of persons to speak freely to picket and to conduct other lawful activities 1991 c 325 11 SeverahlBty 1991 c 325 If any provision of this act or is application to any person or circumstance is held invalid the remainder at the act or the application of the provision to other persons or eircumvrsnon is not affected 1991 c 325 6 Civil liability for acts against animal facilities RCW 424570 through 424580 90090 Acts against animal facilities A person it guilty of a class C felony If he or she without authorize tion knowingly takes releases destroys contaminates a damages any animal or animals kept in a research o educational facility where the animal or animals are used 0 to be used for medical research purposes or other researd purposes or for educational purposes or if he or she withou authorization knowingly destroys or damages any record equipment research product or other thing pertaining I such animal or animals 1991 c 325 2 Severability1991 c 325 See note following RCW 908080 Civil liability for acts against animal facilities RCW 424570 throug 414580 Chapter 912 BARRATRY sections 912010 Barratry 912020 Buying demanding m promising reward by district judge deputy 911010 Barratry Every person who shall bring r his own behalf or instigate incite or encourage another bring any false suit at law or in equity in any court of tt state with intent thereby to distress or harass a defends therein and every person being an attorney or counselor law who shall personally or through the agency of anotb solicit employment as such attorney in any suit pending prospective or with intent to obtain such employment she directly or indirectly loan any money or give or promise give any money property or other consideration to t person from whom such employment is sought and eve person who shall serve or send any paper or docume purporting to be or resembling a judicial process not in f a judicial process shall be guilty of a misdemeanor and case the person offending is an attorney he may in additi thereto be disbarred from practicing law within this su 1915 c 165 1 1909 c 249 118 Code 1881 901 IE p 204 100 1854 p 92 91 RRS 2370 Attorneys ar law Chapter 244 RCW State bar act Chapter 248 RCW 912020 Buying demanding or promising rewt by district judge or deputy Every district judge or dep Title 9 RCW page 81 1992 Title 9 RCW Crimes and Punishments who shall directly or indirectly buy or be interested in b anything in action for the purpose of commencing a suit thereon before a district judge or who shall give or jise any valuable consideration to ement to bring or as aconsideoutasuitbeforeadistrictjudgessdemeanor1987c2021381909 c 249 119 RRS 2371 lquin 1987 c 202 See note following RCW 204190 Chapter 916 BRANDS AND MARKS CRIMES RELATING TO 916010 Removing lawful brands 916020 Imitating lawful brand 916030 Counterfeiting trademark brand etc 916070 Displaying goods with false trademark 916050 when deemed affixed 916060 Fraudulent registration of trademark 916070 Form ad similitude defined 916080 Sales of petroleum products improperly Wiled or by wrong grade 916090 Sala of petroleum products improperly labe led or by wrong grade Penalty for violations 916100 Use of the worts sterling silver em 916110 Use of words win silver etc 916120 Use of the word sterling on mounting 916130 Use of the words coin silver on mounting 916140 Unlawfully marking article made of gold 916130 Marked stamped or branded defined An6ada strays brands and fences Title 16 RCW Dehrearem of motor serial numbers RCW 9A56180 Egg law Chapter 6925 RCW Fanlike minerals and limes brand alteration etc Chapter 1554 RCW Food dugs and cosmetics Chapter 6904 RCW Forearproducts marks and brand Chapter 7636 RCW Reae7 act misbranding etc Chapter 6928 RCW Log paaok Chapter 7640 RCW P06M ndsbwndbtg Chapters 6936 6940 RCW 7Y1danark registration Chaprn 1976 1977 RCW Wmehes misoval of serial number Chapter 1960 RCW Wdthir and measures Chapter 1992 RCW 916010 Removing lawful brands Every person who shall willfully deface obliterate remove or alter any marl or brand placed by or with the authority of the owner thereof on any shingle bolt log or stick of timber or on any horse mare gelding mule cow steer bull sheep goat or hog shall be punished by imprisonment in a state correction 21 facility for not mots than five years or by imprisonment in the county jail for not more than one year or by a fine of not more than one thousand dollars or by both fine and MTrhounlem 1992 c 7 3 1909 c 249 342 Code 1881 1839 1873 p 191 54 RRS 125941 Forest product brands and marks falsifying etc RCW 7636110 7636120 916020 Imitating lawful brand Every person who m any county places upon any property any brand or mark in the likeness or similitude of another brand or mark filed With the county auditor of such county by the owner thereof 912020 as a brand or mark for the designation or identification of a like kind of property is 1 If done with intent to confuse or commingle such property with or to appropriate to his or her own use the property of such other owner guilty of a felony and be punished by imprisonment in a state correctional facility for not more than five years or by imprisonment in the county jail for not more than one year or by a fine of not more than one thousand dollars or by both fine and imprisonment or 2 If done without such intent guilty of a misdemean or 1992 c 7 4 1909 c 249 343 RRS 2595 916030 Counterfeiting trademark brand etc Every person who shall use or display or have in his possession with intent to use or display the genuine label trademark term design device or form of advertisement of any person corporation association or union lawfully filed for record in the office of the secretary of state or the exclusive right to use which is guaranteed to any person corporation association or union by the laws of the United States without the written authority of such person corpora tion association or union or who shall wilfully forge or counterfeit or use or display or have in his possession with intent to use or display any representation likeness simili tude copy or imitation of any genuine label trademark term design device or form of advertisement so filed or protected or any die plate stamp or other device for manufacturing the same shall be guilty of a gross misde meanor 1909 c 249 344 Code 1881 854 1873 p 194 63 1854 p 85 87 RRS 2596 916040 Displaying goods with false trademark Every person who shall knowingly sell display or advertise or have in his possession with intent to sell any goods wares merchandise mixture preparation or compound having affixed thereto any label trademark term design device or form of advertisement lawfully filed for record in the office of the secretary of state by any person corpora tion association or unionor the exclusive right to the use of which is guaranteed to such person corporation association or union under the laws of the United States which label trademark term design device or form of advertisement shall have been used or affixed thereto without the written authority of such person corporation association or union or having affixed thereto any forged or counterfeit represen tation likeness similitude copy or imitation thereof shall be guilty of a misdemeanor 1909 c 249 345 RRS 2597 Trademark registration Chapter 1977 RCW 916050 When deemed affixed A label trademark term design device or form of advertisement shall be deemed to be affixed to any goods wares merchandise mixture preparation or compound whenever it is in any manner placed in or upon either the article itself or the box bale barrel bottle case cask or other vessel or package or the cover wrapper stopper brand label or other thing in by or with which the goods are packed enclosed or otherwise prepared for sale or distribution 1909 c 249 346 RRS 25981 0992 Ea Tine 9 RCWpage 91 916060 Title 9 RCW Crimes and Punishments 916060 Fraudulent registration of trademark Every person who shall for himself or on behalf of any other person corporation association or union procure the filing of any label trademark term design device or form of advertisement with the secretary of state by any fraudu lent means shall be guilty of a misdemeanor 1909 c 249 347 FRS 2599 Trademark regiatrueow Chapter 1977 RCW 916070 Form and similitude defined A plate label trademark term design device or form of advertise ment is in the form and similitude of the genuine instrument imitated if the finished pacts of the engraving thereupon shall resemble or conform to the similar pans of the genuine instrument 1909 c 249 348 RRS 26001 916080 Sales of petroleum products improperly labeled or by wrong grade It shall be unlawful for any person firm or corporation 1 To use adopt place upon or permit to be used adopted or placed upon any barrel tank drum or other container of gasoline or lubricating oil for internal combus tion engines sold or offered for sale or upon any pump or other device used in delivering the same any trade name trademark designation or other descriptive matter which is not the true and correct trade name trademark designation or other descriptive matter of the gasoline or lubricating oil so sold or offered for sale 2 To sell or offer for sale or have in his or its possession with intent to sell any gasoline or lubricating oil contained in or taken from or through any barrel tank drum or other container or pump or other device so unlawfully labeled or marked as hereinabove provided 3 To sell or offer for sale or have in his or its possession with intent to sell any gasoline or lubricating oil for internal combustion engines and to represent to the purchaser or prospective purchaser that such gasoline or lubricating oil so sold or offered for sale is of a quality grade or standard or the product of a particular gasoline or lubricating oil manufacturing refining or distributing company or association other than the true quality grade standard or the product of a particular gasoline or oil manufacturing refining or distributing company or associa tion of the gasoline or oil so offered for sale or sold 1927 c 222 1 RRS 2637 11 916090 Sales of petroleum products improperly labeled or by wrong grade Penalty for violations Any person firm or corporation violating any of the provisions of RCW 916080 shall be guilty of a misdemeanor and for a second and each subsequent violation of any provision of RCW 9 16080 shall be guilty of a gross misdemeanor 1927 c 222 2 RRS 26372 916100 Use of the words sterling silver etc Every person who shall make sell or offer to sell or dispose of or have in his possession with intent to sell or dispose of any metal article marked stamped or branded with the words sterling sterling silver or solid silver unless nine hundred twentyfive one thousandths of the component parts of the metal of which such article and all parts thereof is manufactured is pure silver shall be guilty of a grog misdemeanor 1909 c 249 428 RRS 2680 916110 Use of words coin silver etc Eve person who shall make sell or offer to sell or dispose of r have in his possession with intent to dispose of any met article marked stamped or branded with the words coin or coin silver unless nine hundred one thousandths of d component parts of the metal of which such article and a parts thereof is manufactured is pure silver shall be guil of a gross misdemeanor 1909 c 249 429 RRS 2681 916120 Use of the word sterling on mountin Every person who shall make sell offer to sell or dispo of or have in his possession with intent to sell or dispose c any article comprised of leather shell ivory celluloid pm glass porcelain pottery steel or wood to which is applie or attached a metal mounting marked stamped or brande with the words sterling or sterling silver unless nit hundred twentyfive one thousandths of the component par of the metal of which such metal mounting is manufactem is pure silver shall be guilty of a gross misdemeanor 19 c 249 430 RRS 2682 916130 Use of the words coin silver on moue ing Every person who shall make sell offer to sell dispose of or have in his possession with intent to sell dispose of any article comprised of leather shell ivor celluloid pearl glass porcelain pottery steel or wood which is applied or attached a metal mounting marke stamped or branded with the words coin or coin silvet unless nine hundred one thousandths of the component pat of the metal of which such metal mounting is manufacum is pure silver shall be guilty of a gross misdemeanor 19 c 249 431 RRS 26831 916140 Unlawfully marking article made of gel Every person who shall make sell offer to sell or dispo of or have in his possession with intent to sell or dispose t any article constructed wholly or in part of gold or of alloy of gold and marked stamped or branded in su manner as to indicate that the gold or alloy of gold in su article is of a greater degree or carat of fineness by me than one carat than the actual carat or fineness of such gc or alloy of gold shall be guilty of a gross misdemean 1909 c 249 432 RRS 2684 916150 Marked stamped or branded define An article shall be deemed to be marked stamped branded whenever such article or any box package cos or wrapper in which the same is enclosed encased prepared for sale or delivery or any card label or plats with which the same may be exhibited or displayed is marked stamped or branded 1909 c 249 433 RRS 2685 rritie 9 RCWpage 101 1992 Title 9 RCW Crimes and Punishments Chapter 918 BIDDING OFFENSES BRIBERY OR CORRUPTION OFFENDER AS WITNESS Formerly Bribery and grafting Sections 978080 Offender a competent witness 91 11120 Suppression of competitive bidding i 918130 Collusion to prevent competitive bidding 91140 Penalty 91150 Agreements outside state Banrkt and trwt companies misconduct by employees RCW 3012050 3012110 Rarebaii bribery and illegal practices Chapter 6704 RCW Bribery or corrupt solicitation Sate Constitution Arc 2 30 Cltiss and tower commission form misconduct of officers and employees RCW35I7150 CpNy commissioners misconduct relating to inventories RCW 3632220 Canvey officers misconduct RCW 3618160 3618170 E6cdems bribery or coercion Chapter 2985 RCW Employees comps influencing BrQhng by RCW 4944060 4944070 insurance fraud and unfair praedces Chapter 4830 RCW Labor representative bribery RCW 4944020 4944030 Misconduct in signing a pentian RCW 944080 public o8icers misconduct Chapter 4220 RCW School officials grafting RCW 2811635050 Wages rebating by employers RCW 4952050 4952090 918080 Offender a competent witness Every person offending against any of the provisions of law relating to bribery or corruption shall be a competent witness against another so offending and shall not be excused from giving testimony tending to criminate himself 11909 c 249 178 RRS 2330 Cf 1907 c 60 1 2 RRS 2149 2150 Bribery and corruption Chapter 9A68 RCW Incriminating testimony nor to be used RCW 1052090 Rights of accused persons State Constitution Art 1 9 t 918120 Suppression of competitive bidding When any competitive bid or bids are to be or have been solicited requested or advertised for by the state of Washington or any county city town or other municipal corporation therein or any department of either thereof for any work or improvement to be done or constructed for of by such state county city town or other municipal corporation or any department of either thereof it shall be unlawful for any Person acting for himself or as agent of another or as agent for or as a member of any partnership unincorporated firm or association or as an officer or agent of any corporation to offer give or promise to give any money check draft Property or other thing of value to another or to any firm association or corporation for the purpose of inducing such other person firm association or corporation either to refrain from submitting any bids upon such public work or improvement or to enter into any agreement understanding Of arrangement whereby hill and unrestricted competition for the securing of such public work will be suppressed Prevented or eliminated and it shall be unlawful for any Person to solicit accept or receive any money check draft Property or other thing of value upon a promise or under standing express or implied that he individually or as an I 1992 pal Chapter 918 agent or officer of another person persons or corporation will refrain from bidding upon such public work or improve ment or that he will on behalf of himself or such others submit or permit another to submit for him any bid upon such public work or improvement in such sum as to elimi nate full and unrestricted competition thereon 1921 c 12 1 RRS 2333 4J 918130 Collusion to prevent competitive bidding It shall be unlawful for any person for himself or as an agent or officer of any other person persons or corporation to in any manner enter into collusion or an understanding with any other person persons or corporation to prevent or eliminate full and unrestricted competition upon any public work or improvement mentioned in RCW 918120 1921 c 12 2 RRS 2333 21 918140 Penalty Any person violating any provi sions of RCW 918120 through 918150 shall be guilty of a gross misdemeanor 1921 c 12 3 RRS 2333 3 918150 Agreements outside state It shall be no defense to a prosecution under RCW 918120 through 918150 that a payment or promise of payment of any money check draft or anything of value or any other understanding or arrangement to eliminate unrestricted competitive bids was had or made outside of the state of Washington if such work or improvement for which bids are called is to be done or performed within the state 1921 c 12 4 RRS 233341 Chapter 924 CORPORATIONS CRIMES RELATING TO Sections 924010 Fraud in stock subscription 924020 Fraudulent issue of stock scrip etc 924 030 Insolvent bank receiving deposit 924040 Corporation doing business without license 924050 False report of corporation 924060 Warehouseman or carrier refusing m issue receipt 924070 Fictitious bill of lading a receipt 924080 Warehouseman or carrier fraudulently mixing goods 924090 Duplicate receipt 924100 Bill of lading or receipt must be canceled on redelivery of property 924110 Regulating sale of passage tickets 914120 Redemption of unused passage ticket 924125 Fling false statements Penalty Banks and trust companies penalties RCW 3004020 3004050 3004060 3004230 3004240 3004260 3004310 3012090 through 3012120 301219a 3016010 3044110 3044120 Business corporations Tide 23B RCW Child labor RCW 2628060 2628070 chapter 4912 RCW Conspiracy forfeiture of right to do business RCW 9A08030 9A28040 Corporations criminal process against Chapter 1001 RCW Credit unions penalties Chapter 3112 RCW Crop credit associations penalties RCW 3116320 Discrimination in employment Chapter 4960 RCW Fraud Chapter 9A60 RCW Hours of labor Chapter 4928 RCW Industrial welfare Chapter 4912 RCW Title 9 RCWpage 711 Chapter 924 Title 9 RCW Crimes and Punishments Insurance companies penalties RCW 4801080 4806190 4807060 4808040 4808050 4809340 4817480 4818180 4830110 4830190 4830210 through 4830230 4844060 Labor candid of Chapter 4912 RCW prohibited practices Chapter 4944 RCW Legal services advertising Penalty RCW 3004260 Minors wages wanking conditions permits RCW 4912111 4912123 Mutual ravings banks penalties RCW 3204100 through 3204130 3224080 Public service companies Tick 80 RCW Railroad mlilg stock penalties RCW 8160080 8160090 Savings and 1 associations prohibiud acu Chapter 3336 RCW Trading rtap penalties RCW 1984040 Transportation companies Title 81 RCW Unemployment compensation penalties Chapter 5036 RCW UnWform Fraudulem Conveyance Act Chapter 1940 RCW WagesPaymem Collection Chapter 4948 RCW Worker rompensation penalties RCW 5116140 chapter 5148 RCW 914010 Fraud in stock subscription Every person who shall sign the name of a fictitious person to any subscription for or any agreement to take stock in any corporation existing or proposed and every person who shall sign to any such subscription or agreement the name of any person knowing that such person does not intend in good faith to comply with the terms thereof or upon any under standing or agreement that the terms of such subscription or agreement are not to be complied with or enforced shall be guilty of a gross misdemeanor 1909 c 249 386 RRS 2638 Formerly RCW 944090 M4020 Fraudulent issue of stock scrip etc Every officer agent or other person in the service of a joint stock company or corporation domestic or foreign who willfully and knowingly with intent to defraud 1 Sells pledges or issues or causes to be sold pledged or issued or signs or executes or causes to be signed or executed with intent to sell pledge or issue or cause to be sold pledged or issued any certificate or instrument purporting to be a certificate or evidence of ownership of any share or shares of such company or corporation or any conveyance or encumbrance of real or personal property contract bond or evidence of debt or writing purporting to be a conveyance or encumbrance of real or personal property contract bond or evidence of debt of such company or corporation without being first duly authorized by such company or corporation or contrary to the charter or laws under which such company or corpora tion exists or in excess of the power of such company or corporation or of the limit imposed by law or otherwise upon its power to create or issue stock or evidence of debt or 2 Reissues sells pledges disposes of or causes to be reissued sold pledged or disposed of any surrendered or canceled certificate or other evidence of the transfer of ownership of any such share or shares shall be punished by imprisonment in a state correctional facility for not more than ten years or by a fine of not more than five thousand dollars or by both 1992 c 7 5 1909 c 249 387 RRS 2639 Formerly RCW 937070 924030 Insolvent bank receiving deposit Every owner officer stockholder agent or employee of any person firm corporation or association engaged wholly or in part in the business of banking or receiving money or negotiable paper or securities on deposit or in trust who shall accept or receive with or without interest any deposit or who shall consent thereto or connive thereat when he or she knows or has good reason to believe that such person firm corporation or association is unsafe or insolvent shall be punished by imprisonment in a state correctional facility for not more than ten years or by a fine of not more than ten thousand dollars 1992 c 7 6 1909 c 249 388 1893 c 111 1 RRS 2640 Formerly RCW 945140 Application to mutual savings banks RCW 3204120 Receiving deposits by bank after insolvency State Constitution Art 12 2 RCW 3044120 924040 Corporation doing business without license Every corporation whether domestic or foreign and every person representing or pretending to represent such corporation as an officer agent or employee thereof who shall transact solicit or advertise for any business in this state before such corporation shall have obtained from the officer lawfully authorized to issue the same a certificate that such corporation is authorized to transact business in this state shall be guilty of a gross misdemeanor 1909 c 249 389 RRS 2641 Formerly RCW 9451301 Application to mutual savings banks RCW 3204120 924050 False report of corporation Every director officeror agent of any corporation or joint stock association and every person engaged in organizing or promoting any enterprise who shall knowingly make or publish or concur in making or publishing any written prospectus report exhibit or statement of its affairs or pecuniary condition containing any material statement that is false or exaggerat ed shall be punished by imprisonment in a state correctional facility for not more than ten years or by a fine of not more than five thousand dollars 1992 c 7 7 1909 c 249 390 RRS 2642 Formerly RCW 9380401 Application to mutual savings banks RCW 3204120 924060 Warehouseman or carrier refusing to issue receipt See RCW 2232010 924070 Fictitious bill of lading or receipt See RCW 2232020 924080 Warehouseman or carrier fraudulently mbdng goods See RCW 2232030 924090 Duplicate receipt See RCW 2232040 924100 Bill of lading or receipt must be canceled on redelivery of property See RCW 2232050 924110 Regulating sale of passage tickets See RCW 8156150 rlltle 9 RCWogee 121 1992 Ed Title 9 RCW Crimes and Punishments 924120 Redemption of unused passage ticket See RCW 8156160 924125 Filing false statementsPenalty See RCW 4307210 Chapter 926A TELECOMMUNICATIONS CRIME Formerly Credit cards crimes relating to sections 926A090 Telephone company credit cardsPmbibited acts 926A100 Definitions 926A110 Fraud in obtaining telecommunications servicePenalty 916A120 Fraud in operating coin box telephone or other receptacle 926A130 Penalty for manufacture or sale of slugs to be used for coin 926A900 Severability1990 a 11 926A090 Telephone company credit cards Prohibited acts Every person who sells tents lends gives advertises for sale or rental or publishes the credit card number of an existing canceled revoked expired or nonexistent telephone company credit card or the numbering or codling that is employed in the issuance of telephone company credit cards or access devices with the intent that it be used or with knowledge or reason to believe that it will be used to avoid the payment of any lawful charge shall be Oily of a gross misdemeanor 1990 c 11 3 1974 exs c 160 11 926A100 Definitions Unless the context clearly requires otherwise the definitions in this section apply throughout this chapter 1 Access device shall have the same meaning as that contained in RCW 9A56010 2 Computer means an electronic magnetic optical electrochemical or other high speed data processing device performing logical arithmetic or storage functions and includes any data storage facility or communications facility d related to or operating in conjunction with such device but does not mean an automated typewriter or typesetter portable hand held calculator or other similar device 3 Computer trespass shall have the same meaning as that contained in chapter 9A52 RCW 4 Credit card number means the card number or coding appearing on a credit card or other form of authoriza tion including an identification card or plate issued to a Person by any telecommunications provider that permits the Person to whom it has been issued to obtain telecommunica tions service on credit The term includes the number or description of the card or plate even if the card or plate itself is not produced at the time the telecommunications service is obtained 5 Publish means the communication or dissemination Of information to any one or more persons a Orally in Person or by telephone radio or television b in a writing Of any kind including without limitation a letter or memo randum circular or handbill newspaper or magazine article or book or c electronically including by the use of 924120 recordings computer networks bulletin boards or other means of electronic storage and retrieval 6 Telecommunications shall have the same meaning as that contained in RCW 8004010 and includes telecom munications service that originates terminates or both originates and terminates in this state 7 Telecommunications company shall have the same meaning as that contained in RCW 8004010 8 Telecommunications device means any operating procedure or code instrument apparatus or equipment designed or adapted for a particular use and which is intended or can be used in violation of this chapter and includes but is not limited to computer hardware software and programs electronic mail system voice mail system private branch exchange or any other means of facilitating telecommunications service 9 Telephone company means any local exchange company as defined in RCW 8004010 1990 c 11 11 926A110 Fraud in obtaining telecommunications service Penalty 1 Every person who with intent to evade the provisions of any order or rule of the Washington utilities and transportation commission or of any tariff price list contract or any other filing lawfully submitted to said commission by any telephone telegraph or telecommunica tions company or with intent to defraud obtains telephone telegraph or telecommunications service from any telephone telegraph or telecommunications company through a The use of a false or fictitious name or telephone number b the unauthorized use of the name or telephone number of another c the physical or electronic installation of rear rangement of or tampering with any equipment or use of a telecommunications device d the commission of compute trespass or e any other trick deceit or fraudulent device shall be guilty of a If the value of the telephone telegraph or telecommunications service that any person obtains in violation of this section during a period of ninety days exceeds a Fifty dollars in the aggregate then such person shall be guilty of a gross misdemeanor b Two hundred fifty dollars in the aggregate then such person shall be guilty of a class C felony However for any act that constitutes a violation of both this subsection and subsection 2 of this section the provli sions of subsection 2 of this section hall be exclusive 2 Every person who a Makes possesses sells gives or otherwise transfers to another a telecommunications device with intent to use it or with knowledge or reason to believe it is intended to be used to avoid any lawful telephone or telegraph toll charge or to conceal the existence or place of origin or destination of any telephone or telegraph message or b Sells gives or otherwise transfers to another plans or instructions for malting or assembling a telecommunica tions device described in subparagraph a of this subsection with knowledge or reason to believe that the plans may be used to make or assemble such device shall be guilty of a felony 1990 c 11 2 1981 c 252 1 1977 exs c 42 1 1974 exs c 160 2 1972 exs c 75 1 1955 c 114 1 Formerly RCW 945240 Injunctive relieffor violations RCW 740230 1992 PA Title 9 RCWpage 131 926A120 Title 9 RCW Crimes and Punishments 926A120 Fraud in operating coin box telephone or other receptacle Any person who shall knowingly and wilfully operate or cause to be operated or who shall attempt to operate or attempt to cause to be operated any coin box telephone or other receptacle designed to receive lawful coin of the United States of America in connection with the sale use or enjoyment of property or service by means of a slug or any false counterfeited mutilated sweated or foreign coin or by any means method trick or device whatsoever not lawfully authorized by the owner lessee or licensee of such machine coin box telephone or other receptacle designed to receive lawful coin of the United States of America in connection with the sale use or enjoyment of property or service any goods wares mer chandise gas electric current article of value or the use or enjoyment of any telephone or telegraph facilities or service without depositing in and surrendering to such machine coin box telephone or receptacle lawful coin of the United States of America to the amount required therefor by the owner lessee or licensee of such machine coin box tele phone or receptacle shall be guilty of a misdemeanor 1929 c 184 1 RRS 5842 1 Formerly RCW 945180 926A130 Penalty for manufacture or sale of slugs to be used for coin Any person who with intent to cheat or defraud the owner lessee licensee or other person entitled to the contents of any coin box telephone or other receptacle depository or contrivance designed to receive lawful coin of the United States of America in connection with the sale use or enjoyment of property or service or who knowing or having cause to believe that the same is intended for unlawful use shall manufacture for sale or sell or give away any slug device or substance whatsoever intended or calculated to be placed or deposited in any coin box tele phone or other such receptacle depository or contrivance shall be guilty of a misdemeanor 1929 c 184 2 RRS 58422 Formerly RCW 945190 916A900 Severability1990 c 11 If any provision of this act or its application to any person or circumstance is held invalid the remainder of the act or the application of the provision to other persons or circumstances is not affected 1990 c 11 6 Chapter 927 INTERFERENCE WITH COURT sections 917015 biterfeterice obstruction of any court building or resi denceViolations Disturbing school or school meeting RCW 28A63503a 927015 Interference obstruction of any court building or residenceViolations Whoever interfering with obstructing or impeding the administration of justice pickets or parades in or near a building housing a court of the state of Washington or any political subdivision thereof or in or near a building or residence occupied or used by such judge juror witness or court officer or uses any 11ide 9 RCWpage 141 sound truck or similar device or resortsto any other demon stration in or near any such building or residence shall be guilty of a gross misdemeanor Nothing in this section shall interfere with or prevent the exercise by any court of the state of Washington or any political subdivision thereof of its power to punish for contempt 1971 exs c 302 16 SeverabNty1971 exs c 302 See now following RCW 941olo Chapter 931 ESCAPED PRISONER RECAPTURED Formerly Escape Sections 931090 Escaped prisoner captured Escape RCW 9A76110 through 9A76130 Limitation of action against offcerfor permitting escape RCW 416110 Parole revoked prisoner deemed escapee RCW 995130 PrisonersState penal institutions Chapter 994 RCW 931090 Escaped prisoner recaptured Every person in custody under sentence of imprisonment for any crime who shall escape from custody may be recaptured and imprisoned for a term equal to the unexpired portion of the original term 1909 c 249 89 RRS 23411 Indeterminate sentences Chapter 995 RCW Chapter 938 FALSE REPRESENTATIONS Sections 938010 False representation concerning credit 938020 False representation concerning title County commissioners falsifying inventory RCW 3632220 Domestic insurers corrupt practices RCW 4806190 Elections falsification by voters Chapter 2985 RCW initiative and referendum petitions RCW 2979440 recall petitions Chapter 2982 RCW Employment obtaining by false recommedmon RCW 4944040 Foa4 drugs and cosmetics Chapter 6904 RCW Fraud Chapter 9A60 RCW r Honey act falsification RCW 6928180 Insurance unfair practices Chapter 4830 RCW Liquor permit falsificaton RCW 6620200 Marriage affidavit RCW 2604210 Motor vehicles certificates of orrhip RCW 4612210 4612220 Pharrucy licensing RCW 164250 Public assistance falnficadon RCW 7408055 Warehouse receipts and documents falsifying Chapter 2232 RCW 938010 False representation concerning credit Every person who with intent thereby to obtain credit or financial rating shall wilfully make any false statement in writing of his assets or liabilities to any person with whom he may be either actually or prospectively engaged in any business transaction or to any commercial agency or other person engaged in the business of collecting or disseminating information concerning financial or commercial ratings shall nao7 FA1 Y Title 9 RCW Crimes and Punishments be guilty of a misdemeanor 1909 c 249 368 RRS 2620 938020 False representation concerning title Every person who shall maliciously or fraudulently execute or file for record any instrument or put forward any claim by which the right or title of another to any real property is of purports to be transferred encumbered or clouded shall be guilty of a gross misdemeanor 1909 c 249 369 RRS 126211 Chapter 940 FIRE CRIMES RELATING TO swdona 940040 Operating engine or boiler without spark arrester 940100 Injuring or tempering with fan alarm apparatus or equipment or fire fighting equipment Sounding false alarm of Elie penalties 940110 Incendiary devicesDefnitions 9A0120 Incendiary devicesPenalty 940130 Incendiary devices Exceptions Mai Chapter 9A48 RCW Earning without permit in fire protection district Penalty RCW 5212101 5212105 Cowry jtre regulations RCW 3643040 Doan of buildings used by public RCW 7054070 Frpiosiaes crimes relating to Chapter 7074 RCW Faust f re protection Chapter 7604 RCW Fnad ulent destruction of insured property RCW 991090 4830220 Special rights of action Chapter 424 RCW Star parkt fire violadons RCW 4351180 940040 Operating engine or boiler without spark arrester Every person who shall operate or permit to be operated in dangerous proximity to any brush grass or other inflammable material any spark emitting engine or boiler which is not equipped with a modem spark arrester in good condition shall be guilty of a misdemeanor 1929 c 172 1 1909 c 249 272 RRS 2524 940100 Injuring or tampering with fire alarm apparatus or equipment or fire fighting equipment Sounding false alarm of firePenaltles 1 Any person Who willfully and without cause tampers with molests injures or breaks any public or private fire alarm apparatus emergency phone radio or other wire or signal or any fire fighting equipment or who willfully and without having seeronable grounds for believing a fire exists sends gives Inlullmits or sounds any false alarm of fire by shouting in a public place or by means of any public or private fire alarm system or signal or by telephone is guilty of a misdemeanor This provision shall not prohibit the testing Of fire alarm systems by persons authorized to do so by a fire department or the director of community development tuotigh the director of fire protection 2 Any person who willfully and without cause tampers Witt molests injures or breaks any public or private fire alarm apparatus emergency phone radio of other wire or signal or any fire fighting equipment with the intent to ti9 VA 938010 commit arson is guilty of a felony 11990 c 177 1 1986 c 266 80 1967 c 204 1 Severabillty1990 c 171 See RCW 18160902 Severability1986 c 266 See note following RCW 3852005 940110 Incendiary devices Definitions For the purposes of RCW 940110 through 940130 as now or hereafter amended unless the context indicates otherwise 1 Disposes of means to give give away loan offer offer for sale sell or transfer 2 Incendiary device means any material substance device or combination thereof which is capable of supplying the initial ignition andor fuel for a fire and is designed to be used as an instrument of wilful destruction However no device commercially manufactured primarily for the purpose of illumination shall be deemed to be an incendiary device for purposes of this section 1971 exs c 302 3 1969 exs c 79 21 Severability1971 exs c 302 See note following RCW 941010 940120 Incendiary devicesPeualty Every person who possesses manufactures or disposes of an incendiary device knowing it to be such is guilty of a felony and upon conviction shall be punished by imprisonment in a state prison for a term of not more than twentyfive years 1971 exs c 302 4 1969 exs c 79 3 Severabiaty1971 eas c 302 See note following RCW 941010 940130 Incendiary devices Exceptions RCW 940120 as now or hereafter amended shall not prohibit the authorized use or possession of any material substance or device described therein by a member of the armed forces of the United States or by firemen or peace officers nor shall these sections prohibit the use or possession of any material substance or device described therein when used solely for scientific research or educational purposes or for any lawful purpose RCW 940120 as now or hereafter amended shall not prohibit the manufacture or disposal of an incendiary device for the parties or purposes described in this section 1971 exs c 302 5 1969 exs c 79 4 Severabiaty1971 aces c 302 See note following RCW 941010 Chapter 941 FIREARMS AND DANGEROUS WEAPONS Sections 941010 Terms defined 941030 Being armed prima facie evidence of intent 941040 Unlawful possession of a short firearm or pistol Ownership possession of firearms by certain persons 941045 Possession by offenders 941050 Carrying pistol 941060 Exception to restriction on carrying pistol 941070 Issue of licenses to carryFee Revocation Renewal 941080 Delivery to minors and others forbidden 941090 Commercial sales regulatedRequirements for delivery Hold on delivery 941093 Exemptionss 941095 Denial of applicationAppeal 941097 Supplying information on persons purchasing pistols or applying for concealed pistol licenses 941099 Forfeiture of firearms order by courtsRerum to owner Confiscation by law enforcement officer Title 9 RCWpage 15 Chapter 941 Title 9 RCW Crimes and Punishments 941100 Dealers to be licensed 941110 Dealers licenses by whom granted and conditions thereof Wholesale sales exceptedPermits prohibited 941120 Certain transfers forbidden 941130 False information forbidden 941140 Alteration of identifying marksExceptions 941150 Exemptions Antique firearms 941160 Penalty 941170 Aliens license to carry firearmsEzception 941180 Setting spring gun 941185 Coyote getters 941190 Machine guns prohibited Exception 9412o0 Machine gun defined 941110 Penalty 9A1120 Machine guns and pars contraband 94115 Use of machine gun in felonyPenalty 941130 Aiming or discharging firearms 941140 Use of firearms by minor 941150 Dangerous weapons Evidence 941160 Dangerous exhibitions 941170 Weapons apparently capable of producingbodily harm Unlawful carrying or handlingPenaltyExceptions 941180 Students carrying dangerous weapons on school ptemises Penalty Exapiar 941290 State preemption 941300 Fueamus prohibited in asoun places local laws and ordi tunasExneptiona Purity 941310 Information pamphlet Carrying loaded shotgun or rifle in vehicle RCW 7716250 Explatives Chapter 7074 RCW Ra and shorguar purchasing ourofstate and by nonresidener Chapter 1970 RCW shoodng fbearm from across or along public highway RCW 7716260 941010 Terms defined 1 Short firearm or pistol as used in this chapter means any firearm with a barrel less than twelve inches in length 2 Crime of violence as used in this chapter means a Any of the following felonies as now existing or hereafter amended Any felony defined under any law as a class A felony or an attempt to commit a class A felony criminal solicitation of or criminal conspiracy to commit a class A felony manslaughter in the first degree manslaugh ter in the second degree indecent liberties if committed by forcible compulsion rape in the second degree kidnapping in the second degree arson in the second degree assault in the second degree assault of a child in the second degree extortion in the first degree burglary in the second degree and robbery in the second degree b Any conviction or adjudication for a felony offense in effect at any time prior to July 1 1976 which is compara ble to a felony classified as a mime of violence in subsection 2xa of this section and c Any federal or outofstate conviction or adjudication for an offense comparable to a felony classified as a crime of violence under subsection 2 a or b of this section 3 Firearm as used in this chapter means a weapon or device from which a projectile may be fired by an explosive such as gunpowder 4 Commercial seller as used in this chapter means a person who has a federal firearms license 1992 c 205 117 1992 c 145 5 1983 c 232 1 1971 exs c 302 1 1961 c 124 1 1935 c 172 1 RRS 2516 1 Revisers note This seetion was amended by 1992 c 145 5 and by 1992 c 205 117 each without reference to the other Both amendments are incorporated in the publication of this section pursuant to RCW 1120252 For min of construction see RCW 1120251 Part headings not law Severability1992 c 205 See notes following RCW 1340010 Severabillty1983 c 232 If any provision of this act or its application to any person or circumstance is held invalid the remaimdero the act or the application of the provision to other persons or cimtmuaw is not affected 1983 c 232 14 SeverabWty 1971 exs a 302 If any provision of this act ne its application many person or circumstance is held invalid the remainder of the act a the application of the provision to other persons or circunnuooes is not affected 1971 ms c 302 35 Sevembillty1961 c 124 If any part of this act is for any reason declared void such invalidity shall not affect the validity of the remaining portions of this act 1961 c 124 13 Preemptiom and general repealer1961 c 124 All laws or pan of laws of the state of Washington in subdivisions and municipalities inconsistent herewith are hereby preempted and repealed 1961 c 124 1 14 Short title 1935 c 172 This act may be cited as the Uniform Firearms Act 1935 c 172 181 Severabtilty 1935 c 172 If any par of this act is for any reason declared void such invalidity shall not affect the validity of the remaining portions of this act 1935 c 172 17 Construction 1935 c 172 This act shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it 1935 c 172 191 941030 Being armed prima facie evidence of intent In the trial of a person for committing or attempting to commit a crime of violence the fact that he was armed with a pistol and had no license to carry the same shall be prima facie evidence of his intention to commit said crime of violence 1935 c 172 3 RRS 2516 31 941040 Unlawful possession of a short firearm or pistol Ownership possession of firearms by certain persons 1 A person is guilty of the crime of unlawful possession of a short firearm or pistol if having previously been convicted or as a juvenile adjudicated in this state or elsewhere of a crime of violence or of a felony in which a firearm was used or displayed the person owns or has in his possession any short firearm or pistol 2 Unlawful possession of a short firearm or pistol shall be punished as a class C felony under chapter 9A20 RCW 3 As used in this section a person has been convicted or adjudicated at such time as a plea of guilty has been accepted or a verdict of guilty has been filed notwithstand ing the pendency of any future proceedings including but not limited to sentencing or disposition post trial or post factfrnding motions and appeals A person shall not be precluded from possession if the conviction or adjudication has been the subject of a pardon annulment certificate of rehabilitation or other equivalent procedure based on a finding of the rehabilitation of the person convicted or adjudicated or the conviction or disposition has been the subject of a pardon annulment or other equivalent proce dure based on a finding of innocence 4 Except as provided in subsection 5 of this section a person is guilty of the crime of unlawful possession of a short firearm or pistol if after having been convicted or adjudicated of any felony violation of the uniform controlled substances act chapter 6950 RCW or equivalent statutes of another jurisdiction the person owns or has in his or her Possession or under his or her control any short firearm or pistol Title 9 RCW Crimes and Punishments 5 Notwithstanding subsection 1 of this section a Person convicted of an offense other than murder manggughlerrobberyrapeindecentlibertiesarsonassault yifinappuig extortion burglary or violations with respect to controlled substances under RCW 6950401a and gp410 who received a probationary sentence under RCW 2 995200 and who received a dismissal of the charge under RCW 995240 shall not be precluded from ownership possession or control of a firearm as a result of the convicK don 6a A person who has been committed by court order f treatment of mental illness under RCW 7105320 or Chapter 1077 RCW or equivalent statutes of another jurisdiction may not possess in any manner a firearm as defined in RCW 941010 b At the time of commitment the court shall specifi eally state to the parson under a of this subsection and give the person notice in writing that the person is barred from possession of firearms c The secretary of social and health services shall develop appropriate rules to create an approval process under this subsection The rules must provide for the immediate restoration of the right to possess a firearm upon a showing in a court of competent jurisdiction that a person no longer is required to participate in an inpatient or outpatient i aeamtent program and is no longer requited to take medica tion to treat any condition related to the commitment Unlawful possession of a firearm under this subsection shall be punished as a class C felony under chapter 9A20 RCW 1992 c 205 118 1992 c 168 2 1983 c 232 2 1961 c 124 3 1935 c 172 4 RRS 2516 41 Itavhers note This section was amended by 1992 c 168 2 and by 1992 c 305 I A each without reference to the other Both anxndenents am incorporated in the publication of this section pursuant to RCW 1120252 For rule of construction see RCW 1120251 Put headings not law Severabtlity 1992 c 205 See notes following RCW 1340010 SeveraMlity1992 c 165 See now following RCW 941070 Severahility1983 c 232 See am following RCW 941010 941045 Possession by offenders As a sentence condition and requirement offenders under the supervision Of the department of corrections pursuant to chapter 994A RCW shall not own use or possess firearms or ammunition In addition to any penalty imposed pursuant to RCW 941040 when applicable offenders found to be in actual or eonstluctive possession of firearms or ammunition shall be subject to the appropriate violation process and sanctions as Provided for in RCW 994A200 Firearms or ammunition ate used or possessed by offenders may be confiscated by community corrections officers and turned over to the Washington state patrol for disposal as provided in RCW 941098 1991 c 221 1 941050 Carrying pistol 1 Except in the persons Place of abode or fixed place of business a person shall not carry a pistol concealed on his or her person without a license to carry a concealed weapon 2 A person who is in possession of an unloaded pistol shall not leave the unloaded pistol in a vehicle unless the unloaded pistol is locked within the vehicle and concealed from view from outside the vehicle 1992 E4 941040 3 A person shall not carry or place a loaded pistol in any vehicle unless the person has a license to carry a concealed weapon and a The pistol is on the licensees person b the licensee is within the vehicle at all times that the pistol is there or c the licensee is away from the vehicle and the pistol is locked within the vehicle and concealed from view from outside the vehicle f1982 1st exs c 47 3 1961 c 124 4 1935 c 172 5 RRS 2516 51 Severabllty 1982 1st exs c 47 See note following RCW 941190 941060 Exception to restriction on carrying pistol The provisions of RCW 941050 shall not apply to mar shals sheriffs prison or jail wardens or their deputies policemen or other law enforcement officers or m members of the army navy or marine corps of the United States or of the national guard or organized reserves when on duty or to regularly enrolled members of any organization duly autho rized to purchase or receive such weapons from the United States or from this state or to regularly enrolled members of clubs organized for the purpose of target shooting or modern and antique firearm collecting or to individual hunters PROVIDED Such members are at or are going to or from their places of target practice or their collectors gun shows and exhibits or are on a hunting camping or fishing trip or to officers or employees of the United States duly authorized to carry a concealed pistol or to any person engaged in the business of manufacturing repairing or dealing in firearms or the agent or representative of any such person having in his possession using or carrying a pistol in the usual or ordinary course of such business or to any person while carrying a pistol unloaded and in a secure wrapper from the place of purchase to his home or place of business or to a place of repair or back to his home or place of business or in moving from one place of abode or business to another 1961 c 124 5 1935 c 172 6 RRS 2516 6 941070 Issue of licenses to carry Fee RevocadonRenewal 1 The judge of a court of record the chief of police of a municipality or the sheriff of a county shall within thirty days after the filing of an applica tion of any person issue a license to such person to carry a pistol concealed on his or her person within this state for four years from date of issue for the purposes of protection or while engaged in business sport or while traveling However if the applicant does not have a valid permanent Washington drivers license or Washington state identifica tion card or has not been a resident of the state for the previous consecutive ninety days the issuing authority shall have up to sixty days after the filing of the application to issue a license Such applicants constitutional right to bear arms shall not be denied unless he or she a Is ineligible to own a pistol under the provisions of RCW 941040 or b Is under twentyone years of age or c Is subject to a court order or injunction regarding firearms pursuant to RCW 1099040 1099045 or 2609060 or d Is free on bond or personal recognizance pending trial appeal or sentencing for a crime of violence or Title 9 RCWpage 171 941070 Title 9 RCW Crimes and Punishments e Has an outstanding warrant for his or her arrest from any court of competent jurisdiction for a felony or misde meanor or f Has been ordered to forfeit a firearm under RCW 941098ld within one year before filing an application to carry a pistol concealed on his or her person or g Has been convicted of any of the following offenses Assault in the third degree indecent liberties malicious mischief in the first degree possession of stolen property in the first or second degree or theft in the first or second degree Any person who becomes ineligible for a concealed pistol permit as a result of a conviction for a trine listed in this subsection 1g and then successfully completes all terms of his or her sentence as evidenced by a certificate of discharge issued under RCW 994A220 in the case of a sentence under chapter 994A RCW and has not again been convicted of any crime and is not under indictment for any crime may one year or longer after such successful sen tence completion petition the district court for a declaration that the person is no longer ineligible for a concealed pistol permit under this subsection 1g 2 Any person whose firearms rights have been restricted and who has been granted relief from disabilities by the secretary of the treasury under 18 USC Sec 925c or who is exempt under 18 USC Sec 921ax20 shall have his or her right to acquire receive transfer ship transport carry and possess firearms in accordance with Washington state law restored 3 The license shall be revoked by the issuing authority immediately upon conviction of a crime which makes such a person ineligible to own a pistol or upon the third convic tion for a violation of this chapter within five calendar years 4 Upon an order to forfeit a firearm under RCW 941098Ixd the issuing authority shall a On the first forfeiture revoke the license for one yam b On the second forfeiture revoke the license for two yam c On the third or subsequent forfeiture revoke the license for five years Any person whose license is revoked as a result of a forfeiture of a firearm under RCW 9410981d may not reapply for anew license until the end of the revocation period The issuing authority shall notify in writing the department of licensing upon revocation of a license The department of licensing shall record the revocation 5 The license shall be in triplicate in form to be Prescribed by the department of licensing and shall bear the name address and description fingerprints and signature of the licensee and the licensees drivers license number or state identification card number if used for identification in applying for the license The license application shall contain a warning substantially as follows CAUTION Although state and local laws do not differ federal law and state law on the possession of firearms differ If you are prohibited by federal law from possessing a firearm you may be prose cuted in federal court A state license is not a defense to a federal prosecution The license application shall contain a description of the major differences between state and federal law and an explanation of the fact that local laws and ordinanc o firearms are prompted by state law and must be consistent with state law The application shall contain questions aboQ the applicants place of birth whether the applicant is a United States citizen and if not a citizen whether the applicant has declared the intent to become a citizen and whether he or she has been required to register with the stat or federal government and any identification or registration number if applicable The applicant shall not be required t produce a birth certificate or other evidence of citizenship An applicant who is not a citizen shall provide documenta tion showing resident alien status and the applicants intent to become a citizen A person who makes a false statement regarding citizenship on the application is guilty of a misdemeanor A person who is not a citizen of the United States or has not declared his or her intention to become a citizen shall meet the additional requirements of RCW 941170 The original thereof shall be delivered to the licensee the duplicate shall within seven days be sent by registered mail to the director of licensing and the triplicate shall be preserved for six years by the authority issuing said license 6 The fee for the original issuance of a fouryear license shall be twentythree dollars PROVIDED That no other additional charges by any branch or unit of government shall be borne by the applicant for the issuance of the license PROVIDED FURTHER That the fee shall be distributed as follows a Four dollars shall be paid to the state general fund b Four dollars shall be paid to the agency taking the fingerprints of the person licensed c Twelve dollars shall be paid to the issuing authority for the purpose of enforcing this chapter and d Three dollars to the firearms range account in the general fund 7 The fee for the renewal of such license shall be fifteen dollars PROVIDED That no other additional charges by any branch or unit of government shall be borne by the applicant for the renewal of the license PROVIDED FURTHER That the fee shall be distributed as follows a Four dollars shall be paid to the state general fund b Eight dollars shall be paid to the issuing authority for the purpose of enforcing this chapter and c Three dollars to the firearms range accoant in the general fund 8 Payment shall be by cash check or money order at the option of the applicant Additional methods of payment may be allowed at the option of the issuing authority 9 A licensee may renew a license if the licensee applies for renewal within ninety days before or after the expiration date of the license A license so renewed shall take effect on the expiration date of the prior license A licensee renewing after the expiration date of the license must pay a late renewal penalty of ten dollars in addition to the renewal fee specified in subsection 7 of this section The fee shall be distributed as follows a Three dollars shall be deposited in the state wildlife fund and used exclusively for the printing and distribution of a pamphlet on the legal limits of the use of firearms firearms safety and the preemptive nature of state law The pamphlet shall be given to each applicant for a license and Mus 9 RCw 1a1 1992 FA Title 9 RCW Crimes and Punishments b Seven dollars shall be paid to the issuing authority Tpg the purpose of enforcing this chapter 10 Notwithstanding the requirements of subsections 1 through 9 of this section the chief of police of the munici p or the sheriff of the county of the applicants residence may issue a temporary emergency license for good cause pending review under subsection 1 of this section 11 A political subdivision of the state shall not modify the requirements of this section or chapter nor may a pandeal subdivision ask the applicant to voluntarily submit any information not required by this section A civil suit guy be brought to enjoin a wrongful refusal to issue a license or a wrongful modification of the requirements of dds section or chapter The civil suit may be brought in the county in which the application was made or in Thurston eoanty at the discretion of the petitioner Any person who pnivails against a public agency in any action in the courts for a violation of this chapter shall be awarded costs including reasonable attorneys fees incurred in connection with such legal action 1992 c 168 1 1990 c 195 6 price 1988 c 263 10 1988 c 223 1 1988 c 219 1 1988 c 36 6 1 1985 c 428 3 1983 c 232 3 1979 c 158 1 1971 exs c 302 2 1961 c 124 6 1935 c 172 7 RRS 251671 Severability1992 c 168 If any provision of this act or its application to any person or circumstance is held invalid the remainder of the act or the application of the provision in other peons or circurnsiances i Is eat afbKvA 1992 c 168 4 StmVNIlty1985 c 428 see note following RCW 941290 saveeawly1933 c 232 see now following RCW 941010 Severabillty1971 exs c 302 See rote following RCW 941010 941080 Delivery to minors and others forbidden No person shall deliver a pistol to any person under the age of twentyone or to one who he has reasonable cause to believe has been convicted of a crime of violence or is a drag addict an habitual drunkard or of unsound mind 1935 c 172 8 RRS 2516 8 941090 Commercial sales regulated Requirements for deliveryHold on delivery 1 in addition to the other requirements of this chapter no commercial seller shall deliver a pistol to the purchaser theeof until a The purchaser produces a valid concealed pistol license and the commercial seller has recorded the purchasers name license number and issuing agency such record to be made in triplicate and processed as provided in subsection 4 of this section or b The seller is notified in writing by the chief of Police of the municipality or the sheriff of the county that the Purchaser meets the requirements of RCW 941040 and that the application to purchase is granted or c Five consecutive days including Saturday Sunday and holidays have elapsed from the time of receipt of the application for the purchase thereof as provided herein by the chief of police or sheriff designated in subsection 4 of this section and when delivered said pistol shall be securely wrapped and shall be unloaded However if the Purchaser does not have a valid permanent Washingtondriverslicenseorstateidentificationcardorhasnotbeena itsidern of the state for the previous consecutive ninety days 1992 PC 941070 the waiting period under this subsection 1c shall be up to sixty days 2 In any case under subsection 1c of this section where the applicant has an outstanding warrant for his or her arrest from any court of competent jurisdiction for a felony or misdemeanor the seller shall hold the delivery of the pistol until the warrant for arrest is served and satisfied by appropriate court appearance The local jurisdiction for purposes of the We shall confirm the existence of outstand ing warrants within seventytwo hours after notification of the application to purchase a pistol is received The local jurisdiction shall also immediately confirm the satisfaction of the warrant on request of the seller so that the hold may be released if the warrant was for a crime other than a crime of violence 3 In any case where the chief or sheriff of the local jurisdiction has reasonable grounds based on the following circumstances a Open criminal charges b pending criminal proceedings c pending commitment proceedings d an outstanding warrant for a crime of violence or e an arrest for a crime of violence if the records of disposition have not yet been reported or entered sufficiently to deter mine eligibility to purchase a pistol the local jurisdiction may hold the sale and delivery of the pistol beyond five days up to thirty days in order to confirm existing records in this state or elsewhere After thin days the hold will be lifted unless an extension of the thirty days is approved by a local district court or municipal court for good cause shown An applicant shall be notified of each hold placed on the sale by local law enforcement and of any application to the court for additional hold period to confirm records or confirm the identity of the applicant 4 At the time of applying for the purchase of a pistol the purchaser shall sign in triplicate and deliver to the seller an application containing his or her full name address place of birth and the date and hour of the application the applicants drivers license number or state identification card number and a description of the weapon including the make model caliber and manufacturers number and a statement that the purchaser is eligible to own a pistol under RCW 941040 The application sball contain a warning substantially as follows CAUTION Although state and local laws do not differ federal law and state law on the possession of firearms differ If you are prohibited by federal law from possessing a firearm you may be prose cuted in federal court State permission to pur chase a firearm is not a defense to a federal prose cution The purchaser shall be given a copy of the department of wildlife pamphlet on the legal limits of the use of firearms firearms safety and the fact that local laws and ordinances on firearms are preempted by state law and must be consis tent with state law The seller shall by the end of the business day sign and attach his or her address and deliver the original of the application and such other documentation as required under subsection 1 of this section to the chief of police of the municipality or the sheriff of the county of which the seller is a resident The seller shall deliver the pistol to the purchaser following the period of time specified in this Tine 9 RCW page 191 941090 Title 9 RCW Crimes and Punishments section unless the seller is notified in writing by the chief of police of the municipality or the sheriff of the county whichever is applicable denying the purchasers application to purchase and the grounds thereof The application shall not be denied unless the purchaser fails to meet the require ments specified in RCW 941040 The chief of police of the municipality or the county sheriff shall maintain a file containing the original of the application to purchase a pistol 1988 c 36 2 1985 c 428 4 1983 c 232 4 1969 exs c 227 1 1961 c 124 7 1935 c 172 9 RRS 2516 9 Severabi ty1985 c 428 Sw note following RCW 941290 SevenbWty1983 c 232 See note following RCW 941010 941093 Exemptions The following shall be exempt from the provisions of RCW 941090 as now or hereinafter amended sales by wholesalers to dealers and the sale of antique pistols exempted by the provisions of RCW 941150 as amended 1969 exs c 227 2 941095 Denial of applicationAppeal Any person whose application to purchase a pistol as provided in RCW 941090 as now or hereinafter amended is denied shall have a right to appeal to the legislative body of the municipality or of the county whichever is applicable for a review of the denial at a public hearing to be conducted within fifteen days after denial It shall be the duty of the law enforcement officer recommending the denial to appear at such hearing and to present proof relating to the grounds for denial In the event that the evidence so presented does not sustain one of the grounds for denial enumerated in RCW 941090 the legislative authority shall authorize the sale Any person aggrieved by a determination of the appro priate legislative body not to permit the sale of such weapon is entitled to judicial review by the superior court in the appropriate county 1969 exs c 227 31 941097 Supplying information on persons pt r chasing pistols or applying for concealed pistol licenses The department of social and health services mental health institutions and other health care facilities shall upon request of a court or law enforcement agency supply such relevant information as is necessary to determine the eligibility of a person to possess a pistol or to be issued a concealed pistol license under RCW 941070 or to purchase a pistol under RCW 941090 Such information shall be used exclusively for the purposes specified in this section and shall not be made available for public inspection except by the person who is the subject of the information 1983 c 232 5 Severabatty 1983 c 232 See note following RCW 941010 941098 Forfeiture of firearms order by courts Return to owner Confiscation by law enforcement officer 1 The superior courts and the courts of limited jurisdiction of the state may order forfeiture of a firearm which is proven to be a Found concealed on a person not authorized by RCW 941060 or 941070 to carry a concealed pistol PROVIDED That it is an absolute defense to forfeiture if the person possessed a valid Washington concealed pistol license within the preceding two years and has not become Ulde 9 RCWpegs 201 ineligible for a concealed pistol license in the interim Before the firearm may be returned the person must pay the past due renewal fee and the current renewal fee b Commercially sold to any person without as application as required by RCW 941090 c Found in the possession or under the control of a person at the time the person committed or was arrested for committing a crime of violence or a crime in which a firearm was used or displayed or a felony violation of the uniform controlled substances act chapter 6950 RCW d Found concealed on a person who is in any place in which a concealed pistol license is required and who is under the influence of any drug or under the influence of intoxicating liquor having 010 grams or more of alcohol per two hundred ten liters of breath or 010 percent or more by weight of alcohol in the persons blood as shown by analysis of the persons breath blood or other bodily substance e Found in the possession of a person prohibited from possessing the firearm under RCW 941040 1 Found in the possession of a person free on bail or personal recognizance pending trial appeal or sentencing for a crime of violence or a crime in which a firearm was used or displayed except that violations of Title 77 RCW shall not result in forfeiture under this section g Found in the possession of a person found to have been mentally incompetent while in possession of a firearm when apprehended or who is thereafter committed pursuant to chapter 1077 or 7105 RCW h Known to have been used or displayed by a person in the violation of a proper written order of a court of general jurisdiction or i Known to have been used in the commission of a crime of violence or a crime in which a firearm was used or displayed or a felony violation of the uniformed controlled substances act chapter 6950 RCW 2 Upon order of forfeiture the court in its discretion shall order destruction of any firearm that is illegal for any person to possess All firearms legal for citizen possession that are judicially forfeited or forfeited due to failure to make a claim under RCW 6332010 6340010 or 6335020 shall be submitted for auction to commercial sellers once a year if the submitting agency has accumulated at least ten firearms authorized for sale Law enforcement agencies may conduct joint auctions for the purpose of maximizing efficiency A maximum of ten percent of such firearms may be retained for use by local law enforcement agencies and the Washington state patrol Before submission for auction a court may temporarily retain forfeited firearms if needed for evidence The proceeds from any sale shall be divided as follows The local jurisdiction and the Washing ton state patrol shall retain its costs including actual costs of storage and sale and shall forward the remainder to the state department of wildlife for use in its firearms training program pursuant to RCW 7732155 If a firearm is delivered to a law enforcement agency and the agency no longer requires use of the firearm the agency shall dispose of the firearm by auction as provided by this subsection The public auctioning agency shall as a minimum maintain a record of all forfeited firearms by manufacturer model caliber serial number date and 1992 W Title 9 RCW Crimes and Punishments circumstances of forfeiture and final disposition The records shall be open to public inspection and copying 3 The court shall order the firearm returned to the owner upon a showing that there is no probable cause to b a violation of subsection 1 of this section existed or the firearm was stolen from the owner or the owner neither had knowledge of nor consented to the act or omission involving the firearm which resulted in its forfei aue 4 A law enforcement officer of the state or of any county or municipality may confiscate a firearm found to be in the possession of a person under circumstances specified in subsection 1 of this section After confiscation the Hearn shall not be surrendered except a To the prosecut ing attomey for use in subsequent legal proceedings b for disposition according to an order of a court having jurisdic tion as provided in subsection 1 of this section or c to the owner if the proceedings are dismissed or as directed in subsection 3 of this section 1989 c 222 8 1988 c 223 2 Prior 1987 c 506 91 1987 c 373 7 1986 c 153 1 1983 c 232 6 Sera2601ty1989 a 222 Sec RCW 6335900 Legislative findloga and Intent1987 a 506 See am following RCW 7704020 Leghhtive 6ading purpow Sevesabillty1987 c 373 See notes Mewing RCW 4661502 SevenbNty1983 c 232 see note following RCW 941010 941100 Dealers to be licensed No retail dealer shall sell or otherwise transfer or expose for sale or transfer or have in his possession with intent to sell or otherwise transfer any pistol without being licensed as hereinafter provided 1935 c 172 10 RRS 2516 10 941110 Dealers licenses by whom granted and conditions thereof Wholesale sales exceptedPermits prohibited The duly constituted licensing authorities of any city town or political subdivision of this state shall grant licenses in forms prescribed by the director of licensing effective for not more than one year from the date of issue permitting the licensee to sell pistols within this state subject 10 the following conditions for breach of any of which the license shag be forfeited and the licensee subject to punish ment as provided in RCW 941010 through 941160 1 The business shall be carried on only in the building designated in the license 2 The license or a copy thereof certified by the issuing authority shall be displayed on the premises where it can easily be read 3 No pistol shall be sold a in violation of any Provisions of RCW 941010 through 941160 nor b shall A Piatoi be sold under any circumstances unless the purchaser is personally known to the seller or shall present clear evidence of his identity 4 A true record in triplicate shall be made of every Pistol sold in a book kept for the purpose the form of which may be prescribed by the director of licensing and shall be personally signed by the purchaser and by the PM011 effecting the sale each in the presence of the other and shall contain the date of sale the caliber make model and manufacturers number of the weapon the name 941098 address occupation color and place of birth of the purchaser and a statement signed by the purchaser that he has never been convicted in this state or elsewhere of a crime of violence One copy shall within six hours be sent by registered mail to the chief of police of the municipality or the sheriff of the county of which the dealer is a resident the duplicate the dealer shall within seven days send to the director of licensing the triplicate the dealer shall retain for six years 5 This section shall not apply to sales at wholesale 6 The dealers licenses authorized to be issued by this section are general licenses covering all sales by the licensee within the effective period of the licenses 7 Except as provided in RCW 941090 as now or hereinafter amended every city town and political subdivi sion of this state is prohibited from requiring the purchaser to secure a permit to purchase or from requiring the dealer to secure an individual permit for each sale The fee paid for issuing said license shall be five dollars which fee shall be paid into the state treasury 1979 c 158 2 1969 exs c 227 4 1963 c 163 1 1961 c 124 8 1935 c 172 11 RRS 2516 11 941120 Certain transfers forbidden No person other than a duly licensed dealer shall make any loan secured by a mortgage deposit or pledge of a pistol Any licensed dealer receiving a pistol as a deposit or pledge for a loan shall keep such records and make such reports as are provided by law for pawnbrokers and secondhand dealers in cities of the first class A duly licensed dealer may mort gage any pistol or stock of pistols but shall not deposit or pledge the same with any other person 11961 c 124 9 1935 c 172 12 RRS 2516 12 Pawnbrokers and secondhand dealers Chapter 1960 RCW 941130 False information forbidden No person shall in purchasing or otherwise securing delivery of a pistol or in applying for a license to carry the same give false information or offer false evidence of his identity 1935 c 172 13 RRS 2516 13 941140 Alteration of identifying marks Exceptions No person shall change alter remove or obliterate the name of the maker model manufacturers number or other mark of identification on any pistol Possession of any pistol upon which any such mark shaft have been changed altered removed or obliterated shall be prima facie evidence that the possessor has changed altered removed or obliterated the same This shall not apply to replacement barrels in old revolvers which barrels are produced by current manufacturers and therefor do not have the markings on the barrels of the original manufacturers who are no longer in business 1961 c 124 10 1935 c 172 14 RRS 2516 14 941150 Exemptions Antique firearms RCW 941010 through 941160 shall not apply to antique fire arms Antique firearm as used in this section means a firearm not designed or redesigned for using rim fire or conventional center fire ignition with fixed ammunition and manufactured in or before 1898 including any matchlock t992 td rntle 9 RCWpage 211 941150 Title 9 RCW Crimes and Punishments flintlock percussion cap or similar type of ignition system or replica thereof whether actually manufactured before or after the year 1898 and also any firearm using fixed ammunition manufactured in or before 1898 for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade 1989 c 132 1 1961 c 124 11 1935 c 172 15 RRS 2516 151 941160 Penalty Any violation of any provision of this chapter except as otherwise provided shall be a misdemeanor and punishable accordingly 1984 c 258 312 1983 c 232 11 1983 c 3 7 1961 c 124 12 1935 c 172 16 RRS 2516 16 Croat Improvement Act of 1984 Effective dates8everabalty Short dde 1984 a 258 See notes following RCW 330010 Intent1984 c 258 See note following RCW 346120 Severabaity1983 c 132 See note following RCW 941010 941170 Aliens license to carry firearms Exception It shall be unlawful for any person who is not a citizen of the United States or who has not declared his intention to become a citizen of the United States to catty or have in his possession at any time any shotgun rifle or other firearm without fast having obtained a license from the director of licensing and such license is not to be issued by the director of licensing except upon the certificate of the consul domiciled in the state and representing the country of such alien that he is a responsible person and upon the payment for the license of the sum of fifteen dollars PROVIDED That this section shall not apply to Canadian citizens resident in a province which has an enactment or public policy providing substantially similar privilege to residents of the state of Washington and who are carrying or possessing weapons for the purpose of using them in the hunting of game while such persons are in the act of hunting or while on a hunting trip or while such persons are competing in a bona fide trap or skeet shoot or any other organized contest where rifles pistols or shotguns are used as to weapons used in such contest Nothing in this section shall be construed to allow aliens to hunt or fish in this state without first having obtained a regular hunting or fishing license Any person violating the provisions of this section shall be guilty of a misdemeanor 1979 c 158 3 1969 exs c 90 1 1953 c 109 1 Prior 1911 c 52 1 RRS 2517 11 9A1180 Setting spring gun Every person who shall set a socalled trap spring pistol rifle or other deadly weapon shall be punished as follows 1 If no injury result therefrom to any human being by imprisonment in the county jail for not more than one year or by a fine of not more than one thousand dollars or by both 2 If injuries not fatal result therefrom to any human being by imprisonment in a state correctional facility for not more than twenty years 3 If the death of a human being results therefrom by imprisonment in a state correctional facility for not more than twenty years 1992 c 7 8 1909 c 249 266 RRS 2518 941185 Coyote getters The use of coyote gel or similar spring triggered shell devices shall not cons a violation of any of the laws of the state of Washin when the use of such coyote Letters is authorized b state department of agriculture andor the state departure wildlife in cooperative programs with the United States and Wildlife Service for the purpose of controllin eliminating coyotes harmful to livestock and game aril on range land or forest areas 1988 c 36 3 1965 c 11 941190 Machine guns prohibited Excepting is unlawful for any person to manufacture own buy loan furnish transport or have in possession or ur control any machine gun or any part thereof capable of or assembling or repairing any machine gun PROVID HOWEVER That such limitation shall not apply to peace officer in the discharge of official duty or to officer or member of the armed forces of the United St or the state of Washington PROVIDED FURTHER I this section does not apply to a person including an emp ee of such person who or which is exempt from or lien under the National Firearms Act 26 USC section 580 seq and engaged in the production manufacture or test of weapons or equipment to be used or purchased by armed forces of the United States and having a Uni States government industrial security clearance 1982 exs c 47 2 1933 c 64 1 RRS 2518 1 Severabiaty1982 rat exs c 47 If any provision of this act o application to any person or circumstance is held invalid the remainde the act or the application of the provision to other persons or circumnu is not affected 11982 In exs c 47 311 941200 Machine gun defined For the purpose RCW 941190 through 941 225 a machine gun is defir as any firearm or weapon known as a machine gun meth ical rifle submachine gun andor any other weapc mechanism or instrument not requiring that the trigger pressed for each shot and having a reservoir clip disc dru belt or other separable mechanical device for storir carrying or supplying ammunition which can be loaded it such weapon mechanism or instrument and feed therefrt at the rate of five or more shots per second 1989 c 231 2 1933 c 64 2 RRS 2518 2 Intent 1989 c 231 The legislature is concerned about i increasing number of drug dealers gang members and other dangers criminals who ace increasingly being found in possession of machine go The legislature recognizes that possession of machine guns by danger criminals represents a serious threat to law enforcement officers and c general public The use of a machine gun in furtherance of a felony i particularly heinous crime because of the potential for great harm or der to a large number of people It is the intent of the legislature to protect t public safety by devaring the illegal use of machine guns in the furtherat of a felony by creating a separate offense with severe penalties for such i of a machine gun 1989 c 231 11 941210 Penalty Any person violating any of If provisions of RCW 941190 through 941220 shall be guil of a felony 1933 c 64 3 RRS 2518 31 941220 Machine guns and parts contraband A machine guns or parts thereof illegally held or possesse are hereby declared to be contraband and it shall be the dut rove 9 RCWpage 1 1992 E Title 9 RCW Crimes and Punishments 941220 of ap peace officers andor any officer or member of the at or toward any human being shall be guilty of a misde soo forces of the United States or the state of Washington meanor 1909 c 249 283 RRS 2535 l0 scin said machine gun or parts thereof wherever and Fireworks Chapter 7077 RCW wbenever found 1933 c 64 4 RRS 25184 941225 Use of machine gun in feiorryPenalty It is unlawful for a person in the commission or furtherance of a felony other than a violation of RCW 941190 to dis charge a machine gun or to menace or threaten with a machine gun another person A violation of this section dell be punished as a class A felony under chapter 9A20 RM 1989 c 231 31 Latent1989 a 23I See note following RCW 941200 941230 Aiming or discharging firearms Every person who shall aim any gun pistol revolver or other firearm whether loaded or not at or towards any human being or who shall wilfully discharge any firearm air gun Or other weapon or throw any deadly missile in a public place or in any place where any person might be endan gered thereby although no injury result shall be guilty of a misdemeanor 1909 c 249 307 1888 p 100 2 3 RRS 125591 Dkdwjing firearm at railroad rolling stock RCW 8160070 9AIJA Use of firearms by minor No minor under the age of fourteen years shall handle or have in his posses sion or under his control except while accompanied by or under the immediate charge of his parent or guardian or otber adult approved for the purpose of this section by the parent or guardian or while under the supervision of a certified safety instructor at an established gun range or fhestm training class any firearm of any kind for hunting or MrW practice or for other purposes Every person violating Any of the foregoing provisions or aiding or knowingly permitting any such minor to violate the same shall be guilty of a misdemeanor 1971 c 34 1 1909 c 249 308 1883 p 67 11 RRS 2560 941150 Dangerous weapons Evidence Every person who shall manufacture sell or dispose of or have in his possession any instrument or weapon of the kind usually known as slung shot sand club or metal knuckles or spring blade knife or any knife the blade of which is automatically released by a spring mechanism or other mechanical device or any knife having a blade which opens or falls or is ejected into position by the force of gravity or by an Rgerousorcentrifugal thrust or movement who with intent to conceal any dagger dirk weapon or who shall use any contrivance or device for suppressing the noise of any firearm shall be guilty of a gross misdemeanor 1959 c 143 1 1 1957 c 93 1 1909 c 249 265 1886 p 81 1 Code 1881 929 RRS 2517 941160 Dangerous exhibitions Every proprietor lessee or occupant of any place of amusement or any plat of ground or building who shall allow it to be used for the exhibition of skill in throwing any sharp instrument or in Shooting any bow gun pistol or firearm of any description 941270 Weapons apparently capable of producing bodily harm Unlawful carrying or handlingPenalty Exceptions 1 It shall be unlawful for anyone to carry exhibit display or draw any firearm dagger sword knife or other cutting or stabbing instrument club or any other weapon apparently capable of producing bodily harm in a manner under circumstances and at a time and place that either manifests an intent to intimidate another or that warrants alarm for the safety of other persons 2 Any person violating the provisions of subsection 1 above shall be guilty of a gross misdemeanor 3 Subsection 1 of this section shall not apply to or affect the following a Any act committed by a person while in his place of abode or fixed place of business b Any person who by virtue of his office or public employment is vested by law with a duty to preserve public safety maintain public order or to make arrests for offenses while in the performance of such duty c Any person acting for the purpose of protecting himself against the use of presently threatened unlawful force by another or for the purpose of protecting another against the use of such unlawful force by a third person d Any person making or assisting in making a lawful arrest for the commission of a felony or e Any person engaged in military activities sponsored by the federal or state governments 1969 c 8 11 941280 Students carrying dangerous weapons on school premises Penalty Exceptions 1 It is unlawful for an elementary or secondary school student under the age of twenty one knowingly to carry onto public or private elementary or secondary school premises a Any firearm or b Any dangerous weapon as defined in RCW 941250 or c Any device commonly known as nun chu ka sticks consisting of two or more lengths of wood metal plastic or similar substance connected with wire rope or other means or d Any device commonly known as throwing stars which are multi pointed metal objects designed to em upon impact from any aspect or e Any air gun including any air pistol or air rifle designed to propel a BB pellet or other projectile by the discharge of compressed air carbon dioxide or other gas 2 Any such student violating subsection 1 of this section is guilty of a gross misdemeanor Any violation of subsection 1 of this section consti tutes grounds for expulsion 3 Subsection 1 of this section does not apply to a Any student of a private military academy or b Any student engaged in military activities sponsored by the federal or state governments while engaged in official duties or c Any student who is attending a convention or firearms safety course authorized by school authorities in Ed Tltle 9 RCWpage 231 941280 Title 9 RCW Crimes and Punishments which the firearms of collectors or instructors are handled or displayed or d Any student who possesses nun chu ka sticks throwing stars or other dangerous weapons to be used in martial arts classes conducted on the school premises or e Any student while the student is participating in a firearms or air gun competition approved by the school or school district f198 c 219 1 1982 1st exs c 47 4 Severability 1982 1st ess c 47 See note following RCW 941190 941290 State preemption The state of Washington hereby fully occupies and preempts the entire field of firearms regulation within the boundaries of the state including the registration licensing possession purchase sale acquisition transfer discharge and transportation of firearms or any other element relating to firearms or parts thereof including ammunition and reloader components Cities towns and counties or other municipalities may enact only those laws and ordinances relating to firearms that are specifically authorized by state law and are consistent with this chapter Such local ordinances shall have the same or lesser penalty as provided for by state law Local laws and ordinances that are inconsistent with more restrictive than or exceed the requirements of state taw shall not be enacted and are preempted and repealed regardless of the nature of the code charter or home rule status of such city town county or municipality 1985 c 428 1 1983 c 232 121 Severabulty 1985 c 428 If any provision of this act or its application in any person or circurnstance is held invalid the remainder of the act or the application of the provision to other persons or cimurn snow is not affected 1985 c 429 161 Applicadon 1983 a 232 4 12 Section 12 of this act shall not apply to any offense committed prior to July 24 1983 1983 c 232 131 Sevenbility1983 a 232 See note following RCW 941010 941300 Firearms prohibited in certain places Local laws and ordinances ExceptionsPenalty 1 It is unlawful for any person to enter the following places when he or she knowingly possesses or knowingly has under his or her control a firearm a The restricted access areas of a jail or of a law enforcement facility or any place used for the confinement of a person i arrested for charged with or convicted of an offense ii charged with being or adjudicated to be a juvenile offender as defined in RCW 1340020 iii held for extradition or as a material witness or iv otherwise confined pursuant to an order of a court except an order under chapter 1332A or 1334 RCW Restricted access areas do not include common areas of egress or ingress open to the general public b A courtroom or judges chamber while either is being used for any judicial proceeding This does not include common areas of egress and ingress of the court house c The restricted access areas of a public mental health facility certified by the department of social and health services for inpatient hospital care and state institutions for the care of the mentally ill excluding those facilities solely for evaluation and treatment Restricted access areas do not include common areas of egress and ingress open to the general public or d That portion of an establishment classified by the state liquor control board as off limits to persons under twenty one years of age 2 Notwithstanding RCW 941290 cities towns counties and other municipalities may enact laws and ordinances a Restricting the discharge of firearms in any portion of their respective jurisdictions where there is a reasonable likelihood that humans domestic animals or property will be jeopardized Such laws and ordinances shall not abridge the right of the individual guaranteed by Article I section 24 of the state Constitution to bear arms in defense of self of others and b Restricting the possession of firearms in any stadium or convention center operated by a city town county or other municipality except that such restrictions shall not apply to i Any firearm in the possession of a person licensed under RCW 941070 or ii Any showing demonstration or lecture involving the exhibition of firearms 3 The perimeter of the premises of any specific location covered by subsection 1 of this section shall be posted at reasonable intervals to alert the public as to the existence of any law restricting the possession of firearms on the premises 4 Subsection 1 of this section does not apply to a A person engaged in military activities sponsored by the federal or state governments while engaged in official duties b Law enforcement personnel or c Security personnel while engaged in official duties 5 Subsection 1a of this section does not apply to a person licensed pursuant to RCW 941070 who upon entering the place or facility directly and promptly proceeds to the administrator of the facility or the administrators designee and obtains written permission to possess the firearm while on the premises or checks his or her firearm The person may reclaim the firearms upon leaving but must immediately and directly depart from the place or facility 6 Subsection 1b of this section does not apply to a judge or court employee or to any person licensed under RCW 941070 who before entering the restricted area directly and promptly proceeds to the court administrator or the administrators designee and obtains written permission to possess the firearm 7 Subsection 1c of this section does not apply to any administrator or employee of the facility or to any person who upon entering the place or facility directly and promptly proceeds to the administrator of the facility or the administrators designee and obtains written permission to possess the firearm while on the premises 8 Subsection 1d of this section does not apply to the proprietor of the premises or his or her employees while engaged in their employment 9 Any person violating subsection 1 of this section is guilty of a misdemeanor 1985 c 428 21 Severabiaty 1985 c 428 See note following RCW 941290 941310 Information pamphlet After a public hearing the department of wildlife shall publish a pamphlet rite 9 RCwwge 241 11 V Title 9 RCW Crimes and Punishments do 5peerms safety and the legal limits of the use of firearms no phlet shall include current information on firearms isles ggod regulations and state preemption of local firearms isiss This pamphlet may be used in the departments hunter fiery education program and shall be provided to the tam of licensing for distribution to firearms dealers gad persons authorized to issue concealed pistol licenses U deparmmnt of wildlife shall reimburse the department of uegasing for costs associated with distribution of the p 1988 c 36 4 1985 c 428 5 Swaha y 1985 c 429 See ante following RCW 941290 Chapter 944 FORGERY sessions 91A090 Misconduct in signing a petition jtofba forgery RCW 2985040 Cigarette lar stamps forgery RCW 8224100 Food drugs and cosmetics net Chapter 6904 RCW Fast Produeu forgery of brands or marks RCW 7636110 7636120 raged buttumous tools far making search and setrurs RCW 1079015 Forgery RCW 9Aisaw Raryact RCW692 180 tad ngUtration forgery RCW 6512760 Ntrducripsion of instrument forged fnunaterid RCW 1037080 Mind savings bank falsiffcadon RCW 3204100 g piplayment by forged mm mnodadoe RCW 4944040 ODaing f rged instrument for filing RCW 4016030 Oplanerry ternfiamss falsfflcaslon RCW 1853140 1833150 Omapadty ficsnsc firlsifrcmimr RCW 157160 Ak brisk forgery Chapter 3944 RCW A64c works faltiflcaamn of records erc RCW 3904110 3912050 944080 Misconduct in signing a petition Every Pelson who shall wilfully sign the name of another person or of a fictitious person or for any consideration gratuity or reward shall sign his own name to or withdraw his name from any referendum or other petition circulated in pursu aace of any law of this state or any municipal ordinance or in signing his name to such petition shall wilfully subscribe to any false statement concerning his age citizenship 1lfsidence or other qualifications to sign the same or know ing that any such petition contains any such false or wrong ful signature or statement shall file the same or put the cone off with intent that it should be filed as a true and g petition shall be guilty of a misdemeanor 1909 c 249 1337 RRS 2589 bVttmlx and referendum petition forgery RCW 2979440 2979490 Reran peddim forgery RCW 2982170 2982220 941310 945070 Mock auctions 945M Fraudulent removal of property 945090 Knowingly receiving 6audulent conveyance 945100 Fraud in assignment for benefit of creditors 94512 Measurement of goods raw materials and agricultural prod ucrs eciaradon of public polity 945124 Measurement of goods mw materials and agricultural prod uctsMeasuring inaccurately Ahecing measuring devices Penalty 945126 Measurement of goods raw materials and agricultural prod uctsInducing violations penalty 945160 Fraud in liquor warehouse receipts 945170 Penalty 945210 Altering sample or certificate of assay 945220 Making false sample or assay of ore 945230 Penalty 945260 Fire protection sprinkler system contractorswrongful amt Bank or trust company falsification or destruction of records RCW 3012090 3012100 preferential transfers RCW 3044110 purchase of assets by officer RCW 3012050 receiving deposits when insolvent RCW 3044120 using name of udmsfdly RCW 3004020 Caskets record when body cremated RCW 6850250 Cemeteries representing fund al perpetual RCW 6840085 Cigarette tar fraud RCW 8224110 Domestic insurers Qrd or corrupt practices RCW 4806190 407060 4808040 Election fraud Chapter 2985 RCW Employment agent fraud RCW 4944050 Falsification of books of credit unions Chapter 3112 RCW Food drugs and cosmetics RCW 6904040 6904060 6904070 Food fuh and shel fish false or misleading information RCW 7512430 Fraud Chapter 9A60 RCW Fraud by engraver ofpublic bonds RCW 3944101 Fraudulent conveyances Chapter 1940 RCW Insurance agent etc appropriating funds etc RCW 4817480 fraud and unfair practices Chapter 4830 RCW Insured property fraudulent injury or destruction RCW 991090 430220 Intent to defraud RCW 105804a Land registration field RCW 6512750 Motor vehicle certificates of ownership falsifying RCW 4612210 4612220 excise tar fraud RCW 8244120 fuel tax f uu RCW 8236330 8236380 through 8236400 Mutual swings banks falsification of books em RCW 3204100 transfers due to insolvency RCW 3224080 Obtaining employment by false recommendation RCW 4944040 Ownership of properly proof of RCW 105 060 Public asrlrtanee frond RCW 7408055 7408331 Swings and loan associations falsification of books etc RCW 3336040 Illegal loans and purchasing m discount by employees RCW 3336oia 3336020 preferendal trarsfen ofproperty RCW 3336030 Sporting contest fraud RCW 6724010 State employees retirement falsification of statements etc RCW 4140055 State petrol retirement fund falsficadow RCW 4343320 Tax assessed property removal to avoid payment RCW 8456120 8456200 Teachers retirement falsification of xtatems ux etc RCW 4132055 Wages rebating tic by employers RCW 4952050 4952090 Title 9 RCWpage 251 Chapter 945 FRAUDS AND SWINDLES sections 945020945060 Substitution of chitEncumberedleased oriented personal property 945062 Construction Failure to deiiver lessed personal propesryRequiaims for prosecution Comwaion 1992 Ed 941310 945070 Mock auctions 945M Fraudulent removal of property 945090 Knowingly receiving 6audulent conveyance 945100 Fraud in assignment for benefit of creditors 94512 Measurement of goods raw materials and agricultural prod ucrs eciaradon of public polity 945124 Measurement of goods mw materials and agricultural prod uctsMeasuring inaccurately Ahecing measuring devices Penalty 945126 Measurement of goods raw materials and agricultural prod uctsInducing violations penalty 945160 Fraud in liquor warehouse receipts 945170 Penalty 945210 Altering sample or certificate of assay 945220 Making false sample or assay of ore 945230 Penalty 945260 Fire protection sprinkler system contractorswrongful amt Bank or trust company falsification or destruction of records RCW 3012090 3012100 preferential transfers RCW 3044110 purchase of assets by officer RCW 3012050 receiving deposits when insolvent RCW 3044120 using name of udmsfdly RCW 3004020 Caskets record when body cremated RCW 6850250 Cemeteries representing fund al perpetual RCW 6840085 Cigarette tar fraud RCW 8224110 Domestic insurers Qrd or corrupt practices RCW 4806190 407060 4808040 Election fraud Chapter 2985 RCW Employment agent fraud RCW 4944050 Falsification of books of credit unions Chapter 3112 RCW Food drugs and cosmetics RCW 6904040 6904060 6904070 Food fuh and shel fish false or misleading information RCW 7512430 Fraud Chapter 9A60 RCW Fraud by engraver ofpublic bonds RCW 3944101 Fraudulent conveyances Chapter 1940 RCW Insurance agent etc appropriating funds etc RCW 4817480 fraud and unfair practices Chapter 4830 RCW Insured property fraudulent injury or destruction RCW 991090 430220 Intent to defraud RCW 105804a Land registration field RCW 6512750 Motor vehicle certificates of ownership falsifying RCW 4612210 4612220 excise tar fraud RCW 8244120 fuel tax f uu RCW 8236330 8236380 through 8236400 Mutual swings banks falsification of books em RCW 3204100 transfers due to insolvency RCW 3224080 Obtaining employment by false recommendation RCW 4944040 Ownership of properly proof of RCW 105 060 Public asrlrtanee frond RCW 7408055 7408331 Swings and loan associations falsification of books etc RCW 3336040 Illegal loans and purchasing m discount by employees RCW 3336oia 3336020 preferendal trarsfen ofproperty RCW 3336030 Sporting contest fraud RCW 6724010 State employees retirement falsification of statements etc RCW 4140055 State petrol retirement fund falsficadow RCW 4343320 Tax assessed property removal to avoid payment RCW 8456120 8456200 Teachers retirement falsification of xtatems ux etc RCW 4132055 Wages rebating tic by employers RCW 4952050 4952090 Title 9 RCWpage 251 Chapter 945 Title 9 RCW Crimes and Punishments Warehouseman or common carrier issuing faLse documents Chapter 2232 RCW 945020 Substitution of child Every person to whom a child has been confided for nursing education or any other purpose who with intent to deceive a person guardian or relative of such child shall substitute or produce to such parent guardian or relative another child or person in the place of the child so confided shall be punished by imprisonment in a state correctional facility for not more than ten years 1992 c 7 9 1909 c 249 123 RRS 2375 945060 Encumbered leased or rented personal propertyConstruction Every person being in possession thereof who shall sell remove conceal convert to his own use or destroy or connive at or consent to the sale removal conversion concealment or destruction of any personal property or any part thereof upon which a security agree ment mortgage lien conditional sales contract rental agreement or lease exists with intent to hinder delay or defraud the secured party of such security agreement or the holder of such mortgage lien or conditional sales contract or the lessor under such lease or rentor of under such rental agreement or any assignee of such security agreement mortgage lien conditional sales contract rental agreement or lease shall be guilty of a gross misdemeanor In any prosecution under this section any allegation containing a description of the security agreement mortgage lien conditional sales contract rental agreement or lease by reference to the date thereof and names of the parties thereto shall be sufficiently definite and certain The provisions of this section shall be cumulative and nonexclusive and shall not affect any other criminal provi sion 1971 c 61 1 1965 exs c 109 1 1909 c 249 377 RRS 2629 Destruction or removal of f rtures etc from mortgaged real property RCW 6112030 Larceny safe of mortgaged property Chapter 9A56 RCW 945062 Failure to deliver leased personal proper tyRequisites for prosecutionConstruction Every person being in possession thereof who shall wilfully and without reasonable cause fail to deliver leased personal property to the lessor within ten days after written notice of the expiration of the lease has been mailed to the lessee by registered or certified mail with return receipt requested mailed to the last known address of the lessee shall be guilty of a gross misdemeanor PROVIDED That there shall be no prosecution under this section unless such lease is in writing and contains a warning that failure to promptly return the leased property may result in a criminal prosecu tion and the notice mailed pursuant to the provisions of this section shall clearly state that the lessee may be guilty of a crime upon his failure to return the property to the lessor within ten days In any prosecution under this section any allegation containing a description of the lease by reference to the date thereof and names of the parties shall be sufficiently definite and certain As used in this section the term lease shall also include rental agreements The provisions of this section shall be cumulative and nonexclusive and shall not affect any other criminal provi sion 1971 c 61 2 945070 Mock auctions Every person who shall obtain any money or property from another or shall obuda the signature of another to any writing the false making of which would be forgery by color or aid of any false or fraudulent sale of property or pretended sale of property by auction or by any of the practices known as mock auction shall be punished by imprisonment in a state correctional facility for not more than five years or in the county jail for not more than one year or by a fine of not more than one thousand dollars or by both fine and imprisonment Every person who shall buy or sell or pretend to buy or sell any goods wares or merchandise exposed to sale by auction if an actual sale purchase and change of ownership therein does not thereupon take place shall be guilty of a misdemeanor 1992 c 7 10 1909 c 249 378 RRS 2630 Auctioneering without license RCW 3671070 Auctioneers Chapter H RCW 945080 Fraudulent removal of property Every person who with intent to defraud a prior or subsequent purchaser thereof or prevent any of his property being made liable for the payment of any of his debts or levied upon by an execution or warrant of attachment shall remove any of his property or secrete assign convey or otherwise dispose of the same or with intent to defraud a creditor shall remove secrete assign convey or otherwise dispose of any of his books or accounts vouchers or writings in any way relating to his business affairs or destroy obliterate alter or erase any of such books of account accounts vouchers or writing or any entry memorandum or minute therein contained shall be guilty of a gross misdemeanor 1909 c 249 379 RRS 2631 945090 Knowingly receiving fraudulent convey ance Every person who shall receive any property or conveyance thereof from another knowing that the same is transferred or delivered to him in violation of or with the intent to violate RCW 945080 shall be guilty of a misde meanor 1909 c 249 380 RRS 26321 945100 Fraud in assignment for benefit of credi tors Every person who having made or being about to make a general assignment of his property to pay his debts shall by color or aid of any false or fraudulent representa tion pretense token or writing induce any creditor to participate in the benefits of such assignments or to give any release or discharge of his claim or any part thereof or shall connive at the payment in whole or in part of any false fraudulent or fictitious claim shall be guilty of a gross misdemeanor 1909 c 249 381 RRS 26331 Assignment for benefit of creditors Chapter 708 RCW Banks and trust companies preferential transfers RCW 3044110 Mutual savings banks transfer of assets due to insolvency RCW 3224080 r17tk 9 RCWpate 261 1992 FA Title 9 RCW Crimes and Punishments 945122 Measurement of goods raw materials and agricultural products Declaration of public policy Because of the widespread importance to the marketing of goods raw materials and agricultural products such as butaslimitedtograinstimberlogswoodchipsscrapmetal oil gas petroleum products coal fish and other commodi des that qualitative and quantitative measurements of such goods materials and products be accurately and honestlymadeitisdeclaredtobethepublicpolicyofthisstatethat eermin conduct with respect to said measurement be declared unlawful 1967 c 200 11 Severability 1967 c 200 if any provision of this act or the application thereof to any person or circumstance is held invalid such isty shall not affect other provisions or applications of this an which tall be given effect without the invalid provision or application and to this cad the provision of this act ate declared to be severable 1967 c 200 131 witha and measures Chapter 1994 RCW 945124 Measurement of goods raw materials and apiealtural produ Measuring inaccuratelyAltering n asuring devices Penalty Every person corporation or association whether profit or nonprofit who shall ask or receive or conspire to ask or receive directly or indirectly any compensation gratuity or reward or any promise diereof on any agreement or understanding that he or she shall 1 intentionally make an inaccurate visual or mechani cal measurement or an intentionally inaccurate recording of any visual or mechanical measurement of goods raw materials and agricultural products whether severed or unsevered from the land which he or she has or will have the duty to measure or shall 2 intentionally change alter or affect for the purpose of making an inaccurate measure ment any equipment or other device which is designed to measure either qualitatively or quantitatively such goods raw materials and agricultural products or shall intentionally aher the recordation of such measurements shall be guilty Of a felony punishable by imprisonment in a state correc tonal facility for not more than ten years or by a fine of not more than five thousand dollars or both 1992 c 7 11 1967 c 200 21 945126 Measurement of goods raw materials and agricultural products Inducing violations Penalty Every person who shall give offer or promise or conspire in give offer or promise directly or indirectly any compen sation gratuity or reward to any person corporation independent contractor or agent employee or servant thereof with intent to violate RCW 945124 shall be guilty of a felony punishable by imprisonment in a state correctional facility for not more than ten years or by a fine of not more Oran five thousand dollars or both 1992 c 7 12 1967 c 200 3 945160 Fraud in liquor warehouse receipts It shall be unlawful for any person firm association or corporation to Hake utter circulate sell or offer for sale any certificate of any warehouse distillery or depository for intoxicating liquors unless the identical liquor mentioned in such certificate is in the possession of the warehouse distillery or depository mentioned in such certificate fully Paid for so that the owners and holder of such certificate 1901 ad 945122 will be entitled to obtain such intoxicating liquors without the payment of any additional sum except the tax of the government and the tax of the state county and city in which such warehouse distillery or depository may be located and any storage charges 1909 c 202 1 No RRS 945170 Penalty Any person violating any of the provisions of RCW 945160 shall upon conviction thereof be punished by imprisonment in the penitentiary for not more than five years nor less than one year or imprisonment in the county jail for any length of time not exceeding one year 1909 c 202 2 No RRS 945210 Altering sample or certificate of assay Any person who shall interfere with or in any manner change samples of ores or bullion produced for sampling or change or alter samples or packages of ores or bullion which have been purchased for assaying or who shall change or alter any certificate of sampling or assaying with intent to cheat wrong or defraud shall be deemed guilty of a felony 1890 p 99 2 RRS 2712 945220 Making false sample or assay of ore Any person who shall with intent to cheat wrong or defraud make or publish a false sample of ore or bullion or who shall make or publish or cause to be published a false assay of ore or bullion shall be deemed guilty of a felony 1890 p 99 3 RRS 2713 945230 Penalty Any person violating any of the provisions of RCW 945210 or 945220 shall be deemed guilty of a felony and upon conviction thereof shall be fined in any sum not less than fifty nor more than one thousand dollars or by imprisonment in the penitentiary for not less than one year nor more than five years or by both such fine and imprisonment 1983 c 3 8 1890 p 99 4 RRS 27141 945260 Fire protection sprinkler system contrac torsWrongful acts Any fire protection sprinkler system contractor defined under RCW 18160010 who willfully and maliciously constructs installs or maintains a fire protection sprinkler system in any structure so as to threaten the safety of any occupant or user of the structure in the event of a fire is guilty of a class C felony This section may not be construed to create any criminal liability for a prime contractor or an owner of a structure unless it is proved that the prime contractor or owner had actual knowledge of an illegal construction installation or mainte nance of a fire protection sprinkler system by a fire protec tion sprinkler system contractor 1992 c 116 11 Fire protection sprinkler system controcton licensing and regulation Chapter A160 RCW Mile 9 RCW por 271 Chapter 946 Title 9 RCW Crimes and Punishments Chapter 946 GAMBLING1973 ACT 946153 Sections Waiver of liability Investigation statement as priti 946010 Legislative declaration 946155 9460201 Amusement game ployees agents Penalty 9460205 Bingo 9460209 Bona fide charitable or nonprofit organizadim Conducting activity without license 9460213 Bookmaking 9460217 Commercial stimulantt r 9460221 Commission 9461909460225Conteuofchance Cities and towns Ordinance enacting certain sections of9460229Fishingderby 946193 9460233 Fund raising event chapter Jurisdiction of courts 9460237 Gambling 9460241 Gambling device Defrauding or cheating other participant or operator 9460245 Gambling information 946198 9464249 Gambling premises 1 9460253 Gambling record 9460257 Lottery EnforcementCommission as a law enforcement agency 9460261 Member bona fide member 946221 9460265 Playa Professional gambling in the third degree 9464269 Professional gambling 9460273 Punch boards pull tabs Seizure and disposition of gambling devices Owning 9460277 Raffle 9460281 Social cud game Slot machines antiqueDefenses concemingPresumpdoa 9460285 Thing of value 946250 9460289 Whoever person mentTermination of mortgage contract or leasehold 9460305 Dice or coin contests for music food or beverage payment 946260 9460311 Charitable nonprofit organizations Authorized gambling ter 946270 activities 9460315 RsfOesNo license requited when 9464321 Bingo raffles amusement games No license required 946291 Chapter no applicable to state lottery when fishing derbies exempted 9460325 Social card gams punch boards pull tabs authorized 9460331 Amusement games authorized Minimum rules 9460335 Sports pools authorized 946310 9460341 Golfing sweepstakes authorized gambling devices 9460345 Bowling sweepstakes authorized i 9460351 Social card dice games Use of premises of charitable Indian tribes Compact negotiation process 946900 nonprofit organizations 946901 9460355 Promotional contests of chance authorized Construction 1987 c 4 9460361 Turkey shoaa authorized 677021 a 946040 Gambling commission Members Appoinrmnt Vacancia filling 946050 Gambling coma issim Chant aoQuomro Me dud Compensation and travel expenses Hand Removal 946060 Gambling commission CounselAudits Payment for 946070 Gambling commission Powers and duties 946075 Gambling ocimmission Denial suspension or revocation of license permit Other provisions not applicable 946071 Gambling commission Vacation of certain suspensions upon payment of monetary penalty 946080 Gambling cotduion Administrator StaffRulea and regulations Service contracts 946085 Gambling commission Members and employees Activities probtboad k 946090 Gambling commissionReports 946095 Gambling commissionProccedings against jurisdiaica Immunity from liability 946100 Gambling revolving fundCreatedRecdprs DisbutxmenuUse 946110 Taxation of gambling activitiesLimimtions Restrictions on punch boards and pulltabs 946113 Taxation of gambling udvitieaDubutsement 946116 Fees on pull tab and punchboerd sales 946120 Restrictions as in management or operation personnel Restriction as to leased premises 946130 Inspection and audit of pmmiaa pataphemalia books sad records Reports for the commission 946140 Gambling commissionInvesagatioaInspecdons r Hearing and subpoena powerAdministrative law judg es 2 946150 InjunctionsVoiding of licenses permits or certificates 946153 Applicants and licenseesResponsibilities and dutim Waiver of liability Investigation statement as priti leged 946155 Applicants and licenseesBribes to public officials em ployees agents Penalty 946158 Applicants licensees operators Commission approval h hiring certain persons 946160 Conducting activity without license 946170 False or ousleading entries or statements refusal to pink records 946180 Causing person to violate chapter 946185 Causing person to violate role or regulation 946190 Violations relating to fraud or deceit 946192 Cities and towns Ordinance enacting certain sections of chapter limitations Penalties 946193 Cities and towns Ordinance adopting certain sections of chapter Jurisdiction of courts 946195 Obstruction of public servant in administration or enforce mem as violation Penalty 946196 Defrauding or cheating other participant or operator Causing another to do so 946198 Working in gambling activity without license as viohmo Penalty 946100 Action for money damages due to violationsIneareu Attomeys feesEvidenm for exoneration 946210 EnforcementCommission as a law enforcement agency 946220 Professional gambling in the first degree 946221 Professional gambling in the second degree 946222 Professional gambling in the third degree 946225 Professional gambling Penalties not applicable to authe rized activities 946230 Seizure and disposition of gambling devices Owning buying selling ac gambling devices or reco Penalties 946235 Slot machines antiqueDefenses concemingPresumpdoa 946240 created Gambling information transmitting or receiving 946250 Gambling property or premisesCommon nuisarrees abre mentTermination of mortgage contract or leasehold interests licenses Enforcement 946260 Proof of possession as evidence of knowledge of its charac ter 946270 Chapter as exclusive authority for taxation of gambling activities 946185 Chapter as exclusive authority for licensing and regulation of gambling activity 946291 Chapter no applicable to state lottery 946293 fishing derbies exempted 946295 Licenses as legal authority to engage in activities for which issued Exception 946300 licenses and reportsPublic inspection Exceptions and requirements Charges 946310 Licenses for manufacture sale distribution or supply of gambling devices 946350 Civil action to collect fees interest penalties or taxWrit of arachmem Records as evidence 946360 Indian tribes Compact negotiation process 946900 Severability1973 Ist exs c 218 946901 Intent 1987 c 4 946902 Construction 1987 c 4 Stara lottery commisuan Safe of tickers or shares Other Wt inoVVhc2bk RCW 677021 a 946010 Legislative declaration It is hereby declared to be the policy of the legislature recognizing the close relationship between professional gambling and organized crime to restrain all persons from seeking profit from professional gambling activities in this state to restrain all persons from patronizing such professional gambling activities to safeguard the public against the evils induced by common gamblers and common gambling houses engaged in professional gambling and at the same time both to preserve the freedom of the press and to avoid restricting Mde 9 BCWpage 28 199 FA Title 9 RCW Crimes and Punishments n by individuals in activities and social pastimes cavities and social pastimes are more for amusement than for profit do not maliciously affect the public do not breach the peace s The legislature further declares that the raising of funds the promotion of bona fide charitable or nonprofit ons is in the public interest as is participation in ties and social pastimes as are hereinafter in this O authorized The legislature further declares that the conducting of raffles and amusement games and the operation of t boards pull tabs card games and other social pas when conducted pursuant to the provisions of this gbapter and any rules and regulations adopted pursuant tbgtew are hereby authorized as are only such lotteries for Ob no valuable consideration has been paid or agreed to lie paid as hereinafter in this chapter provided The legislature further declares that fishing derbies shall got constitute any form of gambling and shall not be cusside ed as a lottery a raffle or an amusement game and sW11 not be subject to the provisions of this chapter or any riles and regulations adopted hereunder All factors incident to the activities authorized in this dapter shall be closely controlled and the provisions of this chapter shall be liberally construed to achieve such end 11975 1st exs c 259 1 1974 exs c 155 1 1974 exs e 135 11 1973 1st exs c 218 1 Rerlaers note Throughout this chapter as derived from 1973 Ist sus c 218 the phrase this act has been changed to this chapter In W tion to sections codified in this chapter 1973 1st exs c 218 had a apeder section 29 and a legisiative directive section 30 SeverabiRty 1974 exs c 155 If any provision of this 1974 aamdatm act or its application to any person or circumstance is held Invalid the remainder of the sec or the application of the provision to other Parma or circumstances is not affected 1974 exs c 155 5 13 1974 ML a 135 5 131 section 14 of the aec which provided for an effective 412 and that the act would be subject to referendum petition was vemed by the governor The veto and the related message an be found in chap ter 155 Laws of 1974 ex less 9460201 Amusement game Amusement game U used in this chapter means a game played for entertain MME in which 1 The contestant actively participates 2 The outcome depends in a material degree upon the Skill of the contestant 3 Only merchandise prizes are awarded 4 The outcome is not in the control of the operator 5 The wagers are placed the winners are determined and a distribution of prizes or property is made in the presence of all persons placing wagers at such game and 6 Said game is conducted or operated by any agricul aral fair person association or organization in such manner and at such locations as may be authorized by rules and regulations adopted by the commission pursuant to this chapter as now or hereafter amended Cake walks as commonly known and fish ponds as commonly known shall be treated as amusement games for all Purposes under this chapter 1987 c 4 2 Formerly RCW 9460201 part 9460205 Bingo Bingo as used in this chapter means a game conducted only in the county within which 1992 FA 946010 the organization is principally located in which prizes are awarded on the basis of designated numbers or symbols on a card conforming to numbers or symbols selected at random and in which no cards are sold except at the time and place of said game when said game is conducted by a bona fide charitable or nonprofit organization which does not conduct or allow its premises to be used for conducting bingo on more than three occasions per week and which does not conduct bingo in any location which is used for conducting bingo on more than three occasions per week or if an agricultural fair authorized under chapters 1576 and 3637 RCW which does not conduct bingo on more than twelve consecutive days in any calendar year and except in the case of any agricultural fair as authorized under chapters 1576 and 3637 RCW no person other than a bona fide member or an employee of said organization takes any part in the management or operation of said game and no person who takes any part in the management or operation of said game takes any part in the management or operation of any game conducted by any other organization or any other branch of the same organization unless approved by the commission and no part of the proceeds thereof inure to the benefit of any person other than the organization conducting said game For the purposes of this section the organization shall be deemed to be principally located in the county within which it has its primary business office If the organization has no business office the organization shall be deemed to be located in the county of principal residence of its chief executive officer PROVIDED That any organization which is conducting any licensed and established bingo game in any locale as of January 1 1981 shall be exempt from the requirement that such game be conducted in the county in which the organization is principally located 1987 c 4 3 Formerly RCW 9460202 9460209 Bona fide charitable or nonprofit organization Bona fide charitable or nonprofit organiza tion as used in this chapter means 1 Any organization duly existing under the provisions of chapters 2412 2420 or 2428 RCW any agricultural fair authorized under the provisions of chapters 1576 or 3637 RCW or any nonprofit corporation duly existing under the provisions of chapter 2403 RCW for charitable benevolent eleemosynary educational civic patriotic political social fraternal athletic or agricultural purposes only or any nonprofit organization whether incorporated or otherwise when found by the commission to be organized and operating for one or more of the aforesaid purposes only all of which in the opinion of the commission have been organized and are operated primarily for purposes other than the operation of gambling activities authorized under this chapter or 2 any corporation which has been incorporated under Title 36 USC and whose principal purposes are to furnish volunteer aid to members of the armed forces of the United States and also to carry on a system of national and international relief and to apply the same in mitigating the sufferings caused by pestilence famine fire floods and other national calamities and to devise and carry on measures for preventing the same Such an organization must have been organized and continuously operating for at least twelve calendar months immediately precedingmaking application for any license to Tine 9 RCWpage 291 9460209 Title 9 RCW Crimes and Punishments operate a gambling activity or the operation of any gambling activity authorized by this chapter for which no license is required It must have not less than fifteen bona fide active members each with the right to an equal vote in the election of the officers or board members if any who determine the policies of the organization in order to receive a gambling license An organization must demonstrate to the commis ion that it has made significant progress toward the accom plishment of the purposes of the organization during the twelve consecutive month period preceding the date of application for a license or license renewal The fact that contributions to an organization do not qualify for charitable contribution deduction purposes or that the organization is not otherwise exempt from payment of federal income taxes pursuant to the internal revenue code of 1954 as amended shall constitute prima facie evidence that the organization is not a bona fide charitable or nonprofit organization for the purposes of this section Any person association or organization which pays its employees including members compensation other than is reasonable therefor under the local prevailing wage scale Shall be deemed paying compensation based in part or whole upon receipts relating to gambling activities authorized under this chapter and shall not be a bona fide charitable or nonprofit organization for the purposes of this chapter 1987 c 4 4 Formerly RCW 9460203 9460213 Bookmaking Bookmaking as used in this chapter means accepting bets upon the outcome of future contingent events as a business or in which the bettor is charged a fee or vigorish for the opportunity to place a bet 1991 c 261 1 1987 c 4 S Formerly RCW 9460204 9460217 Commercial stimulant Commercial stimulant as used in this chapter means an activity is operated as a commercial stimulant for the purposes of this chapter only when it is an incidental activity operated in connection with and incidental to an established business with the primary purpose of increasing the volume of sales of food or drink for consumption on that business premises The commission may by rule establish guidelines and criteria for applying this definition to its applicants and licensees for gambling activities authorized by this chapter as commercial stimulants 1987 c 4 6 Formerly RCW 9460205 9460221 Commission Commission as used in this chapter means the Washington state gambling commis sion created in RCW 946040 1987 c 4 7 Formerly RCW 9460206 946 Contest of chance Contest of chance as used in this chapter means any contest game gaming scheme or gaming device in which the outcome depends in a material degree upon an element of chance notwithstand ing that skill of the contestants may also be a factor therein 1987 c 4 8 Formerly RCW 9460207 946 0229 Fishing derby Fishing derby as used in this chapter means a fishing contest with or without the k Payment or giving of an entry fee or other consideration by some or all of the contestants wherein prizes are award for the species size weight or quality of fish caught in a bona fide fishing or recreational event 1987 c 4 9FormerlyRCW9460208 9460233 Fund raising event 1 Fund raisingeventasusedinthischaptermeansafundraisinevent conducted during any seventy two consecutive hours bra exceeding twentyfour consecutive hours and not more than once in any calendar year or a fund raising event conducted not more than twice each calendar year for not more than twenty four consecutive hours each time by a bona fide charitable or nonprofit organization as defined in RCW 9460209 other than any agricultural fair referred to theronn der upon authorization therefor by the commission which the legislature hereby authorizes to issue a license therefor with or without fee permitting the following activities or any of them during such event Bingo amusement games contests of chance lotteries and raffles PROVIDED That a gross wagers and bets received by the organization leas Elie amount of money paid by the organization as winnings and for the purchase cost of prizes given as winnings do rat exceed ten thousand dollars during the total calendar days of such fund raising event in the calendar year b such activities shall not include any mechanical gambling or lottery device activated by the insertion of a coin or by the insertion of any object purchased by any person taking a chance by gambling in respect to the device c only bona fide members of the organization who are not paid for such service shall participate in the management or operation of the activities and all income therefrom after deducting the cost of prizes and other expenses shall be devoted solely to the lawful purposes of the organization and d such organization shall notify the appropriate local law enforce ment agency of the time and place where such activities shall be conducted The commission shall require an annual information report setting forth in detail the expenses incurred and the revenue received relative to the activities permitted 2 Bona fide charitable or nonprofit organizations holding a license to conduct a fund raising event may join together to jointly conduct a fund raising event if a Approval to do so is received from the commission and b The method of dividing the income and oexpendiam and the method of recording and handling of funds are disclosed to the commission in the application for approval of the joint fund raising event and are approved by the commission The gross wagers and bets received by the organizations less the amount of money paid by the organizations as winnings and for the purchase costs of prizes given as winnings may not exceed ten thousand dollars during the total calendar days of such event The net receipts each organization receives shall count against the organizations annual limit stated in this subsection A joint fund raising event shall count against only the lead organization or organizations receiving fifty percent or more of the net receipts for the purposes of the number of such evens an organization may conduct each year rThle 9 ACwpae 301 uss rWl Title 9 RCW Crimes and Punishments The commission may issue a joint license for a joint had raising event and charge a license fee for such license ascormg to a schedule of fees adopted by the commission which reflects the added cost to the commission of licensing rorethan one licensee for the event 1987 c 4 24 Formerly RCW 94602023 9460237 Gambling Gambling as used in this d means staking or risking something of value upon the outcome of a contest of chance or a future contingent event not under the persons control or influence upon an aReement or understanding that the person or someone else will receive something of value in the event of a certain outcome Gambling does not include fishing derbies as defined by this chapter parimuruel betting as authorized by chapter 6716 RCW bona fide business transactions valid under the law of contracts including but not limited to euntrarts for the purchase or sale at a future date of securi K des or commodities and agreements to compensate for loss caused by the happening of chance including but not limited to contracts of indemnity or guarantee and life bedth or accident insurance In addition a contest of cbaace which is specifically excluded from the definition of lottery under this chapter shall not constitute gambling 11987 c 4 10 Formerly RCW 9460209 9A60241 Gambling device Gambling device as used in this chapter means 1 Any device or mecha aism the operation of which a right to money credits posits or other things of value may be created in return for a consideration as the result of the operation of an element of chance 2 any device or mechanism which when operated for a consideration does not return the same rdue or thing of value for the same consideration upon each Operation thereof 3 any device mechanism furniture bur conimuction or installation designed primarily for use is connection with professional gambling and 4 any subassembly or essential part designed or intended for use in eoanection with any such device mechanism furniture WIT construction or installation In the application of this definition a pinball machine or similar mechanical amuse Meet device which confers only an immediate and unrecord al right of replay on players thereof which does not contain any mechanism which varies the chance of winning free lances or the number of free games which may be won or a mechanism or a chute for dispensing coins or a facsimile mere0f and which prohibits multiple winnings depending IM the number of coins inserted and requires the playing Of five balls individually upon the insertion of a nickel or dime as the case may be to complete any one operationlbsfeOtshallnotbedeemedagamblingdevicePROVIDMThatowningpossessingbuyingsellingrentinglasingfinancingholdingasecurityinterestinstoring hPairing and transporting such pinball machines or similar chanical amusement devices shall not be deemed engag taB in professional gambling for the purposes of this chapter and shall not be a violation of this chapter PROVIDEDRMTIERThatanyfeeforthepurchaseorrentalofanyeachpinballmachinesorsimilaramusementdevicesshall have no relation to the use to which such machines are putbatbebasedonlyuponthemarketvalueofanysuch 9460233 machine regardless of the location of or type of premises where used and any fee for the storing repairing and transporting thereof shall have no relation to the use to which such machines are put but be commensurate with the cost of labor and other expenses incurred in any such storing repairing and transporting 1987 c 4 11 Former ly RCW 94602010 9460245 Gambling information Gambling information as used in this chapter means any wager made in the course of and any information intended to be used for professional gambling In the application of this definition information as to wagers betting odds and changes in betting odds shall be presumed to be intended for use in professional gambling This section shall not apply to newspapers of general circulation or commercial radio and television stations licensed by the federal communications commission J198 c 4 12 Formerly RCW 94602011 9460249 Gambling premises Gambling premises as used in this chapter means any building room enclosure vehicle vessel or other place used or intended to be used for professional gambling In the application of this definition any place where a gambling device is found shall be presumed to be intended to be used for professional gambling 1987 c 4 13 Formerly RCW 94602012 9460253 Gambling record Gambling record as used in this chapter means any record receipt ticket certificate token slip or notation given made used or intended to be used in connection with professional gam bling 1987 c 4 14 Formerly RCW 94602013 9460257 Lottery Lottery as used in this chapter means a scheme for the distribution of money or property by chance among persons who have paid or agreed to pay a valuable consideration for the chance 1987 c 4 15 Formerly RCW 94602014 9460261 Member bona fide member Member and bona fide member as used in this chapter mean a person accepted for membership in an organization eligible to be licensed by the commission under this chapter upon application with such action being recorded in the official minutes of a regular meeting or who has held full and regular membership status in the organization for a period of not less than twelve consecutive months prior to participating in the management or operation of any gam bling activity Such membership must in no way be depen dent upon or in any way related to the payment of consid eration to participate in any gambling activity Member or bona fide member shall include only members of an organizations specific chapter or unit licensed by the commission or otherwise actively conducting the gambling activity PROVIDED That 1 Members of chapters or local units of a state regional or national organization may be considered mem bers of the parent organization for the purpose of a gambling activity conducted by the parent organization if the rules of the parent organization so permit nsnaat Title 9 RCWpage 311