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LEGAL DISCLAIMER:  This is not a university or county law library, but simply a collection of archived legal excerpts.  Information may be incomplete.  No warranty or guaranty is made for the completeness, accuracy, or usefulness of the information contained herein.  I AM NOT AN ATTORNEY. I am just a private citizen.  For any concerns or questions you may have concerning state or federal law, your legal rights, the criminal or civil code, or any other legal matter, CONSULT WITH A LICENSED ATTORNEY, LISTED WITH THE BAR ASSOCIATION, SHOULD YOU HAVE SERIOUS CONCERNS ABOUT KNOWN CRIMINALS OR THE PRESERVATION AND ENFORCEMENT OF YOUR CIVIL RIGHTS. I hope the following information is helpful for your family in the free exercise of your constitutionally-guaranteed rights, and helpful for the good, safe, and respectful social environment of our community at large.  May God bless you as you love and respect your neighbor in spirit and in truth, irregardless of race, gender, creed, color, or nationality.  Good Yom Kippur and Shalom.
--Mrs. Lori I. Bunge, B.A.,  Natural Health
for watchnetwork.org
October 2, 2006

THE FAIR DEBT COLLECTIONS PRACTICES ACT

FAIR CREDIT REPORTING ACT

Chapter 60.70 RCW: 
Limitations on nonconsensual common law liens

ACCESS WASHINGTON
LOCATE SEX OFFENDERS BY COUNTY


LOOK UP PROFESSIONAL LICENSE STATUS

for licensed land surveyors, mortgage brokers, realtors, construction workers, etc.

REVISED CODE OF WASHINGTON:  LAND SURVEYORS
Chapter 18.43 RCW Engineers and land surveyors

REVISED CODE OF WASHINGTON:  REALTORS
Chapter 18.85 RCW Real estate brokers and salespersons

REVISED CODE OF WASHINGTON:  MORTGAGE BROKERS
Chapter 19.146 RCW Mortgage broker practices act

REVISED CODE OF WASHINGTON:  ATTORNEYS
Chapter 2.44 RCW Attorneys at law

CODE OF PROESSIONAL RESPONSIBILITY
 ATTORNEYS
Washington State Court Rules: Rules of Professional Conduct

Washington State Bar Association
Ethics/Professional Responsibility Program

legalethics.com  for Washington State

Chapter 4.84 RCW
COSTS

WASHINGTON STATE COMMISSION OF JUDICIAL CONDUCT
Revised Code of Washington - Chapter 2.64

 

CHAPTER 49.60 RCW

DISCRIMINATION--HUMAN RIGHTS COMMISSION



REVISED CODE OF WASHINGTON:  CONSTRUCTION CONTRACTORS

LAWS RELATED TO ATTORNEY'S FEES AND COURT COSTS

RCW 50.32.160 Attorneys' fees in courts.

It shall be unlawful for any attorney engaged in any appeal to the courts on behalf of an individual involving the individual's application for initial determination, or claim for waiting period credit, or claim for benefits to charge or receive any fee therein in excess of a reasonable fee to be fixed by the superior court in respect to the services performed in connection with the appeal taken thereto and to be fixed by the supreme court or the court of appeals in the event of appellate review, and if the decision of the commissioner shall be reversed or modified, such fee and the costs shall be payable out of the unemployment compensation administration fund. In the allowance of fees the court shall give consideration to the provisions of this title in respect to fees pertaining to proceedings involving an individual's application for initial determination, claim for waiting period credit, or claim for benefits. In other respects the practice in civil cases shall apply. [1988 c 202 48; 1971 c 81 121; 1945 c 35 132; Rem. Supp. 1945 9998-270. Prior: 1941 c 253 4.]

NOTES:

Severability--1988 c 202: See note following RCW 2.24.050.
Attorneys' fees: Chapter 4.84 RCW.
Costs: RCW 50.32.100.
Costs on appeal: Chapter 4.84 RCW.

 

RCW 4.24.005
Tort actions -- Attorneys' fees -- Determination of reasonableness.


Any party charged with the payment of attorney's fees in any tort action may
petition the court not later than forty-five days of receipt of a final
billing or accounting for a determination of the reasonableness of that
party's attorneys' fees. The court shall make such a determination and
shall take into consideration the following:

(1) The time and labor required, the novelty and difficulty of the questions
involved, and the skill requisite to perform the legal service properly;

(2) The likelihood, if apparent to the client, that the acceptance of the
particular employment will preclude other employment by the lawyer;

(3) The fee customarily charged in the locality for similar legal services;

(4) The amount involved and the results obtained;

(5) The time limitations imposed by the client or by the circumstances;

(6) The nature and length of the professional relationship with the client;

(7) The experience, reputation, and ability of the lawyer or lawyers
performing the services;

(8) Whether the fee is fixed or contingent;

(9) Whether the fixed or contingent fee agreement was in writing and whether
the client was aware of his or her right to petition the court under this
section;

(10) The terms of the fee agreement.

[1987 c 212 1601; 1986 c 305 201.]

NOTES:

Application -- 1987 c 212 1601: "Section 1601 of this act applies to
agreements for attorneys' fees entered into after April 29, 1987." [1987 c
212 1602.]

Application -- 1986 c 305 201: "Section 201 of this act applies to
agreements for attorney's fees entered into after June 11, 1986." [1986 c
305 202.]

Preamble -- Report to legislature -- Severability -- 1986 c 305: See
notes following RCW 4.16.160.


MORE LAW LINKS:

SECRETARY OF STATE'S OFFICE
allows you to check on corporate status of corporations, names
of current Board members, dissolution, etc.

KITSAP COUNTY LAW LIBRARY

WASHINGTON STATE LAW LIBRARY

REVISED CODE OF WASHINGTON by TITLE

WASHINGTON STATE LEGISLATURE

LAW AND AGENCY RULES, WASHINGTON STATE
Revised Code of Washington, Washington Administrative Codes, Etc.

ILLEGAL CAUSES OF ACTIONS
or, actions without cause or merit

BARRATRY

MALICIOUS PROSECUTION
FRIVOLOUS PROSECUTION
VEXATIOUS LITIGATION
SLAPP lawsuits against journalist, community activists, citizens, etc.
ABUSE OF PROCESS
ABUSE OF PROCESS FOR FINANCIAL GAIN
Criminal Profiteering/ Racketeering

---------------------------------------------------------------------------------------------
LEGAL CAUSES OF ACTION:  Criminal and Civil

CRIMINAL INTIMIDATION

VANDALISM

RIGHT OF EASEMENT

ILLEGAL ROAD BLOCK

ILLEGAL CONVERSION

OBSTRUCTION OF JUSTICE

MALICIOUS MISCHIEF

HARASSMENT

TRESPASSING

FALSE REPRESENTATION CONCERNING TITLE

TORTUOUS INTERFERENCE WITH CONTRACTUAL 
RELATIONS AND OBLIGATIONS

FALSE REPRESENTATION

CLOUDING OF TITLE/TITLE SLANDER

LIBEL AND SLANDER

INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS

EXTORTION

RACKETEERING AND CRIMINAL PROFITEERING
(RICO)

MISUSE OF POLICE POWERS - IMPERSONATION

POLICE BRUTALITY

FALSE ARREST

CRIMINAL LIBEL

CIVIL RIGHTS VIOLATIONS

DISCRIMINATION

SEX CRIMES

SLANDER OF A WOMAN

EXTORTION

FRAUD AND FORGERY

ILLEGAL DEBT COLLECTION/
UNFAIR BUSINESS PRACTICES

THEFT

LEGAL RIGHTS OF LAW-ABIDING CITIZENS

FREEDOM OF RELIGION

CRIME VICTIMS RIGHTS

FREEDOM OF SPEECH AND FREEDOM OF THE PRESS

FREEDOM OF ASSOCIATION

RIGHT TO REDRESS OF GRIEVANCES

PRIVATE PROPERTY RIGHTS

RIGHT TO QUIET ENJOYMENT

FREEDOM FROM ILLEGAL SEARCH AND SEIZURE

EDUCATIONAL RIGHTS

FREEDOM OF RELIGION

FREEDOM OF ASSEMBLY

 


LEGAL DISCLAIMER:  This is not a university or county law library, but simply a collection of archived legal excerpts.Information may be incomplete.  No warranty or guarranty is made for the completeness, accuracy, or usefulness of the information contained herein.  WE ARE NOT ATTORNEYS.  For any concerns or questions you may have concerning state or federal law, your legal rights, the criminal or civil code, or any other legal matter, CONSULT WITH A LICENSED ATTORNEY LISTED WITH THE BAR ASSOCIATION.
--------------------------------------------------------------------------------
A MISCELLANY OF LAW


9.05.030
Assemblages of saboteurs.

Whenever two or more persons assemble for the purpose of committing criminal sabotage, as defined in RCW 9.05.060, such an assembly is unlawful, and every person voluntarily and knowingly participating therein by his or her presence, aid, or instigation, is guilty of a class B felony and 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.


[2003 c 53 6; 1999 c 191 1; 1992 c 7 2; 1909 c 249 314; 1903 c 45 4; RRS 2566.]

Notes: Intent -- Effective date -- 2003 c 53: See notes following RCW 2.48.180.



--------------------------------------------------------------------------------

9.05.060
Criminal sabotage defined Penalty.

(1) Whoever, with intent that his or her act shall, or with reason to believe that it may, injure, interfere with, interrupt, supplant, nullify, impair, or obstruct the owner's or operator's management, operation, or control of any agricultural, stockraising, lumbering, mining, quarrying, fishing, manufacturing, transportation, mercantile, or building enterprise, or any other public or private business or commercial enterprise, wherein any person is employed for wage, shall willfully damage or destroy, or attempt or threaten to damage or destroy, any property whatsoever, or shall unlawfully take or retain, or attempt or threaten unlawfully to take or retain, possession or control of any property, instrumentality, machine, mechanism, or appliance used in such business or enterprise, shall be guilty of criminal sabotage.

(2) Criminal sabotage is a class B felony punishable according to chapter 9A.20 RCW.


[2003 c 53 7; 1999 c 191 2; 1919 c 173 1; RRS 2563-3.]

Notes: Intent -- Effective date -- 2003 c 53: See notes following RCW 2.48.180.

Endangering life by breach of labor contract: RCW 49.44.080.

Excessive steam in boilers: RCW 70.54.080.

Malicious injury to railroad property: RCW 81.60.070.

Malicious mischief -- Injury to property: Chapter 9A.48 RCW.

Sabotaging rolling stock: RCW 81.60.080. 


--------------------------------------------------------------------------------

9.05.090
Provisions cumulative.
RCW 9.05.030 and 9.05.060 shall not be construed to repeal or amend any existing penal statute.


[1999 c 191 3; 1919 c 173 4; RRS 2563-6.]

Chapter 9.12 RCW
Barratry 


Chapter Listing


RCW Sections
9.12.010 Barratry. 
9.12.020 Buying, demanding, or promising reward by district judge or deputy. 




--------------------------------------------------------------------------------

9.12.010
Barratry.
Every person who brings on his or her own behalf, or instigates, incites, or encourages another to bring, any false suit at law or in equity in any court of this state, with intent thereby to distress or harass a defendant in the suit, or who serves or sends any paper or document purporting to be or resembling a judicial process, that is not in fact a judicial process, is guilty of a misdemeanor; and in case the person offending is an attorney, he or she may, in addition thereto be disbarred from practicing law within this state.


[2001 c 310 3. Prior: 1995 c 285 27; 1915 c 165 1; 1909 c 249 118; Code 1881 901; 1873 p 204 100; 1854 p 92 91; RRS 2370.]

Notes: Purpose -- Effective date -- 2001 c 310: See notes following RCW 2.48.180.

Effective date -- 1995 c 285: See RCW 48.30A.900.


Attorneys at law: Chapter 2.44 RCW.

State bar act: Chapter 2.48 RCW. 


--------------------------------------------------------------------------------

9.12.020
Buying, demanding, or promising reward by district judge or deputy.
Every district judge or deputy who shall, directly or indirectly, buy or be interested in buying anything in action for the purpose of commencing a suit thereon before a district judge, or who shall give or promise any valuable consideration to any person as an inducement to bring, or as a consideration for having brought, a suit before a district judge, shall be guilty of a misdemeanor.


[1987 c 202 138; 1909 c 249 119; RRS 2371.]

Notes: Intent -- 1987 c 202: See note following RCW 2.04.190.

Chapter 9.38 RCW
False representations 

Chapter Listing


RCW Sections
9.38.010 False representation concerning credit. 
9.38.015 False statement by deposit account applicant. 
9.38.020 False representation concerning title. 
9.38.060 Digital signature violations. 



Notes:
Domestic insurers, corrupt practices: RCW 48.06.190.
Elections
falsification by voters: Chapter 29A.84 RCW.
initiative and referendum petitions: RCW 29A.84.230.
recall petitions: Chapter 29A.56 RCW.

Employment, obtaining by false recommendation: RCW 49.44.040.

Food, drugs, and cosmetics: Chapter 69.04 RCW.

Fraud: Chapter 9A.60 RCW.

Honey act, falsification: RCW 69.28.180.

Insurance, unfair practices: Chapter 48.30 RCW.

Liquor permit falsification: RCW 66.20.200.

Marriage affidavit: RCW 26.04.210.

Motor vehicles, certificates of ownership: RCW 46.12.210, 46.12.220.

Pharmacy licensing: RCW 18.64.250.

Public assistance falsification: RCW 74.08.055.

Warehouse receipts and documents, falsifying: Chapter 22.32 RCW. 




--------------------------------------------------------------------------------

9.38.010
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 be guilty of a misdemeanor.


[1909 c 249 368; RRS 2620.]




--------------------------------------------------------------------------------

9.38.015
False statement by deposit account applicant.
(1) It is a gross misdemeanor for a deposit account applicant to knowingly make any false statement to a financial institution regarding:

(a) The applicant's identity;

(b) Past convictions for crimes involving fraud or deception; or

(c) Outstanding judgments on checks or drafts issued by the applicant.

(2) Each violation of subsection (1) of this section after the third violation is a class C felony punishable as provided in chapter 9A.20 RCW.


[1995 c 186 4.]

Notes: Severability -- 1995 c 186: See RCW 30.22.901.






--------------------------------------------------------------------------------

9.38.020
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 or personal property is, or purports to be transferred, encumbered or clouded, shall be guilty of a gross misdemeanor.


[2000 c 250 9A-821; 1909 c 249 369; RRS 2621.]

Notes: Effective date -- 2000 c 250: See RCW 62A.9A-701.


--------------------------------------------------------------------------------

Chapter 9.05 RCW
Sabotage
(formerly anarchy and sabotage) 


Chapter Listing
RCW Sections
9.05.030 Assemblages of saboteurs. 
9.05.060 Criminal sabotage defined -- Penalty. 
9.05.090 Provisions cumulative. 



Notes:
Freedom of speech: State Constitution Art. 1 5.
Subversive activities: Chapter 9.81 RCW.

Treason: State Constitution Art. 1 27; chapter 9.82 RCW. 




--------------------------------------------------------------------------------

9.05.030
Assemblages of saboteurs.

Whenever two or more persons assemble for the purpose of committing criminal sabotage, as defined in RCW 9.05.060, such an assembly is unlawful, and every person voluntarily and knowingly participating therein by his or her presence, aid, or instigation, is guilty of a class B felony and 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.


[2003 c 53 6; 1999 c 191 1; 1992 c 7 2; 1909 c 249 314; 1903 c 45 4; RRS 2566.]

Notes: Intent -- Effective date -- 2003 c 53: See notes following RCW 2.48.180.






--------------------------------------------------------------------------------

9.05.060
Criminal sabotage defined Penalty.
(1) Whoever, with intent that his or her act shall, or with reason to believe that it may, injure, interfere with, interrupt, supplant, nullify, impair, or obstruct the owner's or operator's management, operation, or control of any agricultural, stockraising, lumbering, mining, quarrying, fishing, manufacturing, transportation, mercantile, or building enterprise, or any other public or private business or commercial enterprise, wherein any person is employed for wage, shall willfully damage or destroy, or attempt or threaten to damage or destroy, any property whatsoever, or shall unlawfully take or retain, or attempt or threaten unlawfully to take or retain, possession or control of any property, instrumentality, machine, mechanism, or appliance used in such business or enterprise, shall be guilty of criminal sabotage.

(2) Criminal sabotage is a class B felony punishable according to chapter 9A.20 RCW.


[2003 c 53 7; 1999 c 191 2; 1919 c 173 1; RRS 2563-3.]

Notes: Intent -- Effective date -- 2003 c 53: See notes following RCW 2.48.180.

Endangering life by breach of labor contract: RCW 49.44.080.

Excessive steam in boilers: RCW 70.54.080.

Malicious injury to railroad property: RCW 81.60.070.

Malicious mischief -- Injury to property: Chapter 9A.48 RCW.

Sabotaging rolling stock: RCW 81.60.080. 






--------------------------------------------------------------------------------

9.05.090
Provisions cumulative.
RCW 9.05.030 and 9.05.060 shall not be construed to repeal or amend any existing penal statute.


[1999 c 191 3; 1919 c 173 4; RRS 2563-6.]


Chapter 9.12 RCW
Barratry 

Chapter Listing


RCW Sections
9.12.010 Barratry. 
9.12.020 Buying, demanding, or promising reward by district judge or deputy. 




--------------------------------------------------------------------------------

9.12.010
Barratry.

Every person who brings on his or her own behalf, or instigates, incites, or encourages another to bring, any false suit at law or in equity in any court of this state, with intent thereby to distress or harass a defendant in the suit, or who serves or sends any paper or document purporting to be or resembling a judicial process, that is not in fact a judicial process, is guilty of a misdemeanor; and in case the person offending is an attorney, he or she may, in addition thereto be disbarred from practicing law within this state.


[2001 c 310 3. Prior: 1995 c 285 27; 1915 c 165 1; 1909 c 249 118; Code 1881 901; 1873 p 204 100; 1854 p 92 91; RRS 2370.]

Notes: Purpose -- Effective date -- 2001 c 310: See notes following RCW 2.48.180.

Effective date -- 1995 c 285: See RCW 48.30A.900.


Attorneys at law: Chapter 2.44 RCW.

State bar act: Chapter 2.48 RCW. 






--------------------------------------------------------------------------------

9.12.020
Buying, demanding, or promising reward by district judge or deputy.
Every district judge or deputy who shall, directly or indirectly, buy or be interested in buying anything in action for the purpose of commencing a suit thereon before a district judge, or who shall give or promise any valuable consideration to any person as an inducement to bring, or as a consideration for having brought, a suit before a district judge, shall be guilty of a misdemeanor.


[1987 c 202 138; 1909 c 249 119; RRS 2371.]

Notes: Intent -- 1987 c 202: See note following RCW 2.04.190. 

RCW 9.24.050
False report of corporation. 

Every director, officer or 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 exaggerated, is guilty of a class B felony and 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.


[2003 c 53 19; 1992 c 7 7; 1909 c 249 390; RRS 2642. Formerly RCW 9.38.040.]


Notes:
Intent -- Effective date -- 2003 c 53: See notes following RCW 2.48.180.

Application to mutual savings banks: RCW 32.04.120. 

RCW 43.07.210
Filing false statements Penalty. 


Any person who files a false statement, which he or she knows to be false, in the articles of incorporation or in any other materials required to be filed with the secretary of state shall be guilty of a gross misdemeanor punishable under chapter 9A.20 RCW.


[1984 c 75 25.]

9.45.090
Knowingly receiving fraudulent conveyance.
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 9.45.080, shall be guilty of a misdemeanor.


[1909 c 249 380; RRS 2632.]


Chapter 9A.60 RCW
Fraud 

Chapter Listing


RCW Sections
9A.60.010 Definitions. 
9A.60.020 Forgery. 
9A.60.030 Obtaining a signature by deception or duress. 
9A.60.040 Criminal impersonation in the first degree. 
9A.60.045 Criminal impersonation in the second degree. 
9A.60.050 False certification. 
9A.60.060 Fraudulent creation or revocation of a mental health advance directive. 
9A.60.070 False academic credentials -- Unlawful issuance or use -- Definitions -- Penalties. 



Notes:
Ballots, forgery: RCW 29A.84.410.
Cigarette tax stamps, forgery: RCW 82.24.100.

False representations: Chapter 9.38 RCW.

Food, drugs, and cosmetics act: Chapter 69.04 RCW.

Forest products, forgery of brands or marks: RCW 76.36.110, 76.36.120.

Forged instruments, tools for making, search and seizure: RCW 10.79.015.

Forgery: RCW 9A.60.020.

Frauds and swindles: Chapter 9.45 RCW.

Honey act: RCW 69.28.180.

Land registration forgery: RCW 65.12.760.

Misdescription of instrument forged immaterial: RCW 10.37.080.

Mutual savings bank, falsification: RCW 32.04.100.

Obtaining employment by forged recommendation: RCW 49.44.040.

Offering forged instrument for filing: RCW 40.16.030.

Optometry certificates falsification: RCW 18.53.140, 18.53.150.

Osteopathy license falsification: RCW 18.57.160.

Public bonds, forgery: Chapter 39.44 RCW.

Public works, falsification of records, etc.: RCW 39.04.110, 39.12.050. 




--------------------------------------------------------------------------------

9A.60.010
Definitions.
The following definitions and the definitions of RCW 9A.56.010 are applicable in this chapter unless the context otherwise requires:

(1) "Written instrument" means: (a) Any paper, document, or other instrument containing written or printed matter or its equivalent; or (b) any access device, token, stamp, seal, badge, trademark, or other evidence or symbol of value, right, privilege, or identification;

(2) "Complete written instrument" means one which is fully drawn with respect to every essential feature thereof;

(3) "Incomplete written instrument" means one which contains some matter by way of content or authentication but which requires additional matter in order to render it a complete written instrument;

(4) To "falsely make" a written instrument means to make or draw a complete or incomplete written instrument which purports to be authentic, but which is not authentic either because the ostensible maker is fictitious or because, if real, he did not authorize the making or drawing thereof;

(5) To "falsely complete" a written instrument means to transform an incomplete written instrument into a complete one by adding or inserting matter, without the authority of anyone entitled to grant it;

(6) To "falsely alter" a written instrument means to change, without authorization by anyone entitled to grant it, a written instrument, whether complete or incomplete, by means of erasure, obliteration, deletion, insertion of new matter, transposition of matter, or in any other manner;

(7) "Forged instrument" means a written instrument which has been falsely made, completed, or altered.


[1999 c 143 38; 1987 c 140 5; 1975-'76 2nd ex.s. c 38 12; 1975 1st ex.s. c 260 9A.60.010.]

Notes: Effective date -- Severability -- 1975-'76 2nd ex.s. c 38: See notes following RCW 9A.08.020.






--------------------------------------------------------------------------------

9A.60.020
Forgery.
(1) A person is guilty of forgery if, with intent to injure or defraud:

(a) He falsely makes, completes, or alters a written instrument or;

(b) He possesses, utters, offers, disposes of, or puts off as true a written instrument which he knows to be forged.

(2) In a proceeding under this section that is related to an identity theft under RCW 9.35.020, the crime will be considered to have been committed in any locality where the person whose means of identification or financial information was appropriated resides, or in which any part of the offense took place, regardless of whether the defendant was ever actually in that locality.

(3) Forgery is a class C felony.


[2003 c 119 5; 1975-'76 2nd ex.s. c 38 13; 1975 1st ex.s. c 260 9A.60.020.]

Notes: Effective date -- Severability -- 1975-'76 2nd ex.s. c 38: See notes following RCW 9A.08.020.






--------------------------------------------------------------------------------

9A.60.030
Obtaining a signature by deception or duress.
(1) A person is guilty of obtaining a signature by deception or duress if by deception or duress and with intent to defraud or deprive he causes another person to sign or execute a written instrument.

(2) Obtaining a signature by deception or duress is a class C felony.


[1975-'76 2nd ex.s. c 38 14; 1975 1st ex.s. c 260 9A.60.030.]

Notes: Effective date -- Severability -- 1975-'76 2nd ex.s. c 38: See notes following RCW 9A.08.020.


9A.60.040
Criminal impersonation in the first degree.
(1) A person is guilty of criminal impersonation in the first degree if the person:

(a) Assumes a false identity and does an act in his or her assumed character with intent to defraud another or for any other unlawful purpose; or

(b) Pretends to be a representative of some person or organization or a public servant and does an act in his or her pretended capacity with intent to defraud another or for any other unlawful purpose.

(2) Criminal impersonation in the first degree is a class C felony.


[2004 c 11 1; 2003 c 53 78; 1993 c 457 1; 1975 1st ex.s. c 260 9A.60.040.]

Notes: Effective date -- 2004 c 11: "This act takes effect July 1, 2004." [2004 c 11 3.]

Intent -- Effective date -- 2003 c 53: See notes following RCW 2.48.180.







--------------------------------------------------------------------------------

9A.60.045
Criminal impersonation in the second degree.
(1) A person is guilty of criminal impersonation in the second degree if the person:

(a)(i) Claims to be a law enforcement officer or creates an impression that he or she is a law enforcement officer; and

(ii) Under circumstances not amounting to criminal impersonation in the first degree, does an act with intent to convey the impression that he or she is acting in an official capacity and a reasonable person would believe the person is a law enforcement officer; or

(b) Falsely assumes the identity of a veteran or active duty member of the armed forces of the United States with intent to defraud for the purpose of personal gain or to facilitate any unlawful activity.

(2) Criminal impersonation in the second degree is a gross misdemeanor.


[2004 c 124 1; 2004 c 11 2; 2003 c 53 79.]

Notes: Reviser's note: This section was amended by 2004 c 11 2 and by 2004 c 124 1, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).

Effective date -- 2004 c 124: "This act takes effect July 1, 2004." [2004 c 124 2.]


Effective date -- 2004 c 11: See note following RCW 9A.60.040.


Intent -- Effective date -- 2003 c 53: See notes following RCW 2.48.180.







--------------------------------------------------------------------------------

9A.60.050
False certification.
(1) A person is guilty of false certification, if, being an officer authorized to take a proof or acknowledgment of an instrument which by law may be recorded, he knowingly certifies falsely that the execution of such instrument was acknowledged by any party thereto or that the execution thereof was proved.

(2) False certification is a gross misdemeanor.


[1975-'76 2nd ex.s. c 38 15; 1975 1st ex.s. c 260 9A.60.050.]

Notes: Effective date -- Severability -- 1975-'76 2nd ex.s. c 38: See notes following RCW 9A.08.020.



RCW 65.12.750
Fraud False entries Penalty. 


Whoever fraudulently procures, or assists fraudulently procuring, or is privy to the fraudulent procurement of any certificate of title, or other instrument, or of any entry in the register of titles, or other book kept in the registrar's office, or of any erasure or alteration in any entry in any such book, or in any instrument authorized by this chapter, or knowingly defrauds or is privy to defrauding any person by means of a false or fraudulent instrument, certificate, statement, or affidavit affecting registered land, shall be guilty of a class C felony, and upon conviction, shall be fined in any sum not exceeding five thousand dollars, or imprisoned in a state correctional facility for not more than five years, or both such fine and imprisonment, in the discretion of the court.


[2003 c 53 293; 1907 c 250 91; RRS 10720.]


Notes:
Intent -- Effective date -- 2003 c 53: See notes following RCW 2.48.180.

RCW 10.58.060
Ownership Proof of. 

In the prosecution of any offense committed upon, or in relation to, or in any way affecting any real estate, or any offense committed in stealing, embezzling, destroying, injuring, or fraudulently receiving or concealing any money, goods, or other personal estate, it shall be sufficient, and shall not be deemed a variance, if it be proved on trial that at the time when such offense was committed, either the actual or constructive possession, or the general or special property in the whole, or any part of such real or personal estate, was in the person or community alleged in the indictment or other accusation to be the owner thereof.


[Code 1881 963; 1854 p 99 133; RRS 2156.]


Notes:
Indictment or information, certain defects or imperfections deemed immaterial: RCW 10.37.056. 


Chapter 9.61 RCW
Malicious mischief injury to property 

Chapter Listing


RCW Sections
9.61.140 Endangering life and property by explosives -- Penalty. 
9.61.150 Damaging building, etc., by explosion -- Penalty. 
9.61.160 Threats to bomb or injure property--Penalty. 
9.61.190 Carrier or racing pigeons -- Injury to. 
9.61.200 Carrier or racing pigeons -- Removal or alteration of identification. 
9.61.230 Telephone harassment. 
9.61.240 Telephone harassment -- Permitting telephone to be used. 
9.61.250 Telephone harassment -- Offense, where deemed committed. 
9.61.260 Cyberstalking. 



Notes:
Endangering life by breach of labor contract: RCW 49.44.080.
Insured property, injury or destruction: RCW 48.30.220.

Malicious mischief: RCW 9A.48.070 through 9A.48.100.

Mutilation or destruction of property by school official: RCW 28A.635.070.

Nuisance: Chapter 9.66 RCW.

Ownership of property -- Proof of: RCW 10.58.060.

Public library property, intentional injury: RCW 27.12.330. 




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9.61.230
Telephone harassment.

(1) Every person who, with intent to harass, intimidate, torment or embarrass any other person, shall make a telephone call to such other person:

(a) Using any lewd, lascivious, profane, indecent, or obscene words or language, or suggesting the commission of any lewd or lascivious act; or

(b) Anonymously or repeatedly or at an extremely inconvenient hour, whether or not conversation ensues; or

(c) Threatening to inflict injury on the person or property of the person called or any member of his or her family or household;

is guilty of a gross misdemeanor, except as provided in subsection (2) of this section.

(2) The person is guilty of a class C felony punishable according to chapter 9A.20 RCW if either of the following applies:

(a) That person has previously been convicted of any crime of harassment, as defined in RCW 9A.46.060, with the same victim or member of the victim's family or household or any person specifically named in a no-contact or no-harassment order in this or any other state; or

(b) That person harasses another person under subsection (1)(c) of this section by threatening to kill the person threatened or any other person.


[2003 c 53 39; 1992 c 186 6; 1985 c 288 11; 1967 c 16 1.]

Notes: Intent -- Effective date -- 2003 c 53: See notes following RCW 2.48.180.

Severability -- 1992 c 186: See note following RCW 9A.46.110.


Effective date -- Severability -- 1985 c 288: See RCW 9A.46.905 and 9A.46.910.


Severability -- 1967 c 16: "If any portion of this act is held to be unconstitutional or void, such decision shall not affect the validity of the remaining parts of this act." [1967 c 16 4.]


Communicating with child for immoral purposes: RCW 9.68A.090.

Interference with telephone message: RCW 9A.48.070, 9A.48.080. 


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9.61.240
Telephone harassment Permitting telephone to be used.
Any person who knowingly permits any telephone under his control to be used for any purpose prohibited by RCW 9.61.230 shall be guilty of a misdemeanor.


[1967 c 16 2.]


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9.61.250
Telephone harassment Offense, where deemed committed.
Any offense committed by use of a telephone as set forth in RCW 9.61.230 may be deemed to have been committed either at the place from which the telephone call or calls were made or at the place where the telephone call or calls were received.


[1967 c 16 3.]


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9.61.260
Cyberstalking.

(1) A person is guilty of cyberstalking if he or she, with intent to harass, intimidate, torment, or embarrass any other person, and under circumstances not constituting telephone harassment, makes an electronic communication to such other person or a third party:

(a) Using any lewd, lascivious, indecent, or obscene words, images, or language, or suggesting the commission of any lewd or lascivious act;

(b) Anonymously or repeatedly whether or not conversation occurs; or

(c) Threatening to inflict injury on the person or property of the person called or any member of his or her family or household.

(2) Cyberstalking is a gross misdemeanor, except as provided in subsection (3) of this section.

(3) Cyberstalking is a class C felony if either of the following applies:

(a) The perpetrator has previously been convicted of the crime of harassment, as defined in RCW 9A.46.060, with the same victim or a member of the victim's family or household or any person specifically named in a no-contact order or no-harassment order in this or any other state; or

(b) The perpetrator engages in the behavior prohibited under subsection (1)(c) of this section by threatening to kill the person threatened or any other person.

(4) Any offense committed under this section may be deemed to have been committed either at the place from which the communication was made or at the place where the communication was received.

(5) For purposes of this section, "electronic communication" means the transmission of information by wire, radio, optical cable, electromagnetic, or other similar means. "Electronic communication" includes, but is not limited to, electronic mail, internet-based communications, pager service, and electronic text messaging.


[2004 c 94 1.]

Notes:Severability -- 2004 c 94: "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." [2004 c 94 6.]
Effective dates -- 2004 c 94: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 24, 2004], except for section 3 of this act, which takes effect July 1, 2004." [2004 c 94 7.]

Chapter 9.66 RCW
Nuisance 

Chapter Listing


RCW Sections
9.66.010 Public nuisance. 
9.66.020 Unequal damage. 
9.66.030 Maintaining or permitting nuisance. 
9.66.040 Abatement of nuisance. 
9.66.050 Deposit of unwholesome substance. 



Notes:
Cemeteries established illegally: RCW 68.56.040.
Furnishing impure water: RCW 70.54.020.

Malicious mischief -- Injury to property: Chapters 9.61, 9A.48 RCW.

Mausoleums and columbariums constructed illegally: RCW 68.28.060.

Nuisances: Chapter 7.48 RCW.

Poisoning food or water: RCW 69.40.030.

Sexually transmitted disease control, penalty: RCW 70.24.080. 




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9.66.010
Public nuisance.

A public nuisance is a crime against the order and economy of the state. Every place

(1) Wherein any fighting between people or animals or birds shall be conducted; or,

(2) Wherein any intoxicating liquors are kept for unlawful use, sale or distribution; or,

(3) Where vagrants resort; and

Every act unlawfully done and every omission to perform a duty, which act or omission

(1) Shall annoy, injure or endanger the safety, health, comfort, or repose of any considerable number of persons; or,

(2) Shall offend public decency; or,

(3) Shall unlawfully interfere with, befoul, obstruct, or tend to obstruct, or render dangerous for passage, a lake, navigable river, bay, stream, canal or basin, or a public park, square, street, alley, highway, or municipal transit vehicle or station; or,

(4) Shall in any way render a considerable number of persons insecure in life or the use of property;

Shall be a public nuisance.


[1994 c 45 3; 1971 ex.s. c 280 22; 1909 c 249 248; 1895 c 14 1; Code 1881 1246; RRS 2500.]

Notes: Findings -- Declaration -- Severability -- 1994 c 45: See notes following RCW 7.48.140.

Severability -- Construction -- 1971 ex.s. c 280: "If any provision of this 1971 amendatory 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: PROVIDED, That should provisions of this 1971 amendatory act pertaining to the playing of bingo, or holding raffles, permitting the operation of amusement games be held invalid or unconstitutional by the supreme court of the state of Washington as being violative of Article II, section 24, of the Constitution of the state of Washington, then the provisions hereof relating to each such item as aforesaid specifically declared invalid or unconstitutional by such court shall remain inoperative unless and until the qualified electors of this state shall approve an amendment to Article II, section 24, of the Constitution which may remove any constitutional restrictions against the legislature enacting such laws." [1971 ex.s. c 280 21.]


Boxing and wrestling regulated: Chapter 67.08 RCW.

Devices simulating traffic control signs declared public nuisance: RCW 47.36.180.

Highway obstructions: Chapter 47.32 RCW.

Navigation, obstructing: Chapter 88.28 RCW.

Parimutuel betting on horse races permitted: RCW 67.16.060. 


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9.66.020
Unequal damage.
An act which affects a considerable number of persons in any of the ways specified in RCW 9.66.010 is not less a public nuisance because the extent of the damage is unequal.


[1909 c 249 249; Code 1881 1236; 1875 p 79 2; RRS 2501.]

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9.66.030
Maintaining or permitting nuisance.
Every person who shall commit or maintain a public nuisance, for which no special punishment is prescribed; or who shall wilfully omit or refuse to perform any legal duty relating to the removal of such nuisance; and every person who shall let, or permit to be used, any building or boat, or portion thereof, knowing that it is intended to be, or is being used, for committing or maintaining any such nuisance, shall be guilty of a misdemeanor.


[1909 c 249 250; Code 1881 1248; 1875 p 81 14; RRS 2502.]

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9.66.040
Abatement of nuisance.
Any court or magistrate before whom there may be pending any proceeding for a violation of RCW 9.66.030, shall, in addition to any fine or other punishment which it may impose for such violation, order such nuisance abated, and all property unlawfully used in the maintenance thereof destroyed by the sheriff at the cost of the defendant: PROVIDED, That if the conviction was had in a district court, the district judge shall not issue the order and warrant of abatement, but on application therefor, shall transfer the cause to the superior court which shall proceed to try the issue of abatement in the same manner as if the action had been originally commenced therein.


[1987 c 202 140; 1957 c 45 4; 1909 c 249 251; Code 1881 1244, 1245; 1875 p 80 10, 11; RRS 2503.]

Notes: Intent -- 1987 c 202: See note following RCW 2.04.190.

Jurisdiction to abate a nuisance: State Constitution Art. 4 6 (Amendment 28). 



9.66.050
Deposit of unwholesome substance.

Every person who shall deposit, leave or keep, on or near a highway or route of public travel, on land or water, any unwholesome substance; or who shall establish, maintain or carry on, upon or near a highway or route of public travel, on land or water, any business, trade or manufacture which is noisome or detrimental to the public health; or who shall deposit or cast into any lake, creek or river, wholly or partly in this state, the offal from or the dead body of any animal, shall be guilty of a gross misdemeanor.


[1909 c 249 285; RRS 2537.]

Notes:Discharging ballast: RCW 88.28.060.
Disposal of dead animals: Chapter 16.68 RCW.

Water pollution: Chapter 35.88 RCW, RCW 70.54.010 through 70.54.030, chapter 90.48 RCW. 

RCW 9.69.100
Duty of witness of offense against child or any violent offense Penalty. 

(1) A person who witnesses the actual commission of:

(a) A violent offense as defined in RCW 9.94A.030 or preparations for the commission of such an offense;

(b) A sexual offense against a child or an attempt to commit such a sexual offense; or

(c) An assault of a child that appears reasonably likely to cause substantial bodily harm to the child,

shall as soon as reasonably possible notify the prosecuting attorney, law enforcement, medical assistance, or other public officials.

(2) This section shall not be construed to affect privileged relationships as provided by law.

(3) The duty to notify a person or agency under this section is met if a person notifies or attempts to provide such notice by telephone or any other means as soon as reasonably possible.

(4) Failure to report as required by subsection (1) of this section is a gross misdemeanor. However, a person is not required to report under this section where that person has a reasonable belief that making such a report would place that person or another family or household member in danger of immediate physical harm.


[1987 c 503 18; 1985 c 443 21; 1970 ex.s. c 49 8.]


Notes:
Severability -- Effective date -- 1987 c 503: See RCW 74.14B.901 and 74.14B.902.

Severability -- Effective date -- 1985 c 443: See notes following RCW 7.69.010.


Severability -- 1970 ex.s. c 49: "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." [1970 ex.s. c 49 9.]


Abuse of children: Chapter 26.44 RCW. 

Chapter 9A.76 RCW
Obstructing governmental operation 


Chapter Listing

9A.76.050 Rendering criminal assistance -- Definition of term. 
9A.76.060 Relative defined. 
9A.76.070 Rendering criminal assistance in the first degree. 
9A.76.080 Rendering criminal assistance in the second degree. 
9A.76.090 Rendering criminal assistance in the third degree. 
9A.76.100 Compounding. 
9A.76.110 Escape in the first degree. 
9A.76.115 Sexually violent predator escape. 
9A.76.120 Escape in the second degree. 
9A.76.130 Escape in the third degree. 


9A.76.175 Making a false or misleading statement to a public servant. 
9A.76.180 Intimidating a public servant. 



Notes:
Withholding knowledge of felony: RCW 9.69.100


9A.76.050
Rendering criminal assistance Definition of term.

As used in RCW 9A.76.070, 9A.76.080, and 9A.76.090, a person "renders criminal assistance" if, with intent to prevent, hinder, or delay the apprehension or prosecution of another person who he knows has committed a crime or juvenile offense or is being sought by law enforcement officials for the commission of a crime or juvenile offense or has escaped from a detention facility, he:

(1) Harbors or conceals such person; or

(2) Warns such person of impending discovery or apprehension; or

(3) Provides such person with money, transportation, disguise, or other means of avoiding discovery or apprehension; or

(4) Prevents or obstructs, by use of force, deception, or threat, anyone from performing an act that might aid in the discovery or apprehension of such person; or

(5) Conceals, alters, or destroys any physical evidence that might aid in the discovery or apprehension of such person; or

(6) Provides such person with a weapon.


[1982 1st ex.s. c 47 20; 1975 1st ex.s. c 260 9A.76.050.]

Notes: Severability -- 1982 1st ex.s. c 47: See note following RCW 9.41.190.


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9A.76.060
Relative defined.

As used in RCW 9A.76.070 and 9A.76.080, "relative" means a person:

(1) Who is related as husband or wife, brother or sister, parent or grandparent, child or grandchild, step-child or step-parent to the person to whom criminal assistance is rendered; and

(2) Who does not render criminal assistance to another person in one or more of the means defined in subsections (4), (5), or (6) of RCW 9A.76.050.


[1975 1st ex.s. c 260 9A.76.060.]




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9A.76.070
Rendering criminal assistance in the first degree.
(1) A person is guilty of rendering criminal assistance in the first degree if he or she renders criminal assistance to a person who has committed or is being sought for murder in the first degree or any class A felony or equivalent juvenile offense.

(2)(a) Except as provided in (b) of this subsection, rendering criminal assistance in the first degree is a class C felony.

(b) Rendering criminal assistance in the first degree is a gross misdemeanor if it is established by a preponderance of the evidence that the actor is a relative as defined in RCW 9A.76.060.


[2003 c 53 83; 1982 1st ex.s. c 47 21; 1975 1st ex.s. c 260 9A.76.070.]

Notes: Intent -- Effective date -- 2003 c 53: See notes following RCW 2.48.180.

Severability -- 1982 1st ex.s. c 47: See note following RCW 9.41.190.


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9A.76.080
Rendering criminal assistance in the second degree.
(1) A person is guilty of rendering criminal assistance in the second degree if he or she renders criminal assistance to a person who has committed or is being sought for a class B or class C felony or an equivalent juvenile offense or to someone being sought for violation of parole, probation, or community supervision.

(2)(a) Except as provided in (b) of this subsection, rendering criminal assistance in the second degree is a gross misdemeanor.

(b) Rendering criminal assistance in the second degree is a misdemeanor if it is established by a preponderance of the evidence that the actor is a relative as defined in RCW 9A.76.060.


[2003 c 53 84; 1982 1st ex.s. c 47 22; 1975 1st ex.s. c 260 9A.76.080.]

Notes: Intent -- Effective date -- 2003 c 53: See notes following RCW 2.48.180.

Severability -- 1982 1st ex.s. c 47: See note following RCW 9.41.190.

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9A.76.090
Rendering criminal assistance in the third degree.
(1) A person is guilty of rendering criminal assistance in the third degree if he renders criminal assistance to a person who has committed a gross misdemeanor or misdemeanor.

(2) Rendering criminal assistance in the third degree is a misdemeanor.


[1975 1st ex.s. c 260 9A.76.090.]




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9A.76.100
Compounding.

(1) A person is guilty of compounding if:

(a) He requests, accepts, or agrees to accept any pecuniary benefit pursuant to an agreement or understanding that he will refrain from initiating a prosecution for a crime; or

(b) He confers, or offers or agrees to confer, any pecuniary benefit upon another pursuant to an agreement or understanding that such other person will refrain from initiating a prosecution for a crime.

(2) In any prosecution under this section, it is a defense if established by a preponderance of the evidence that the pecuniary benefit did not exceed an amount which the defendant reasonably believed to be due as restitution or indemnification for harm caused by the crime.

(3) Compounding is a gross misdemeanor.


[1975 1st ex.s. c 260 9A.76.100.]

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9
Severability -- 1982 1st ex.s. c 47: See note following RCW 9.41.190.


Term of escaped prisoner recaptured: RCW 9.31.090. 



9A.76.175
Making a false or misleading statement to a public servant.

A person who knowingly makes a false or misleading material statement to a public servant is guilty of a gross misdemeanor. "Material statement" means a written or oral statement reasonably likely to be relied upon by a public servant in the discharge of his or her official powers or duties.


[2001 c 308 2. Prior: 1995 c 285 32.]

Notes: Purpose -- 2001 c 308: "The purpose of this act is to respond to State v. Thomas, 103 Wn. App. 800, by reenacting, without changes, the law prohibiting materially false or misleading statements to public servants, enacted as sections 32 and 33, chapter 285, Laws of 1995." [2001 c 308 1.]

Effective date -- 2001 c 308: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 14, 2001]." [2001 c 308 4.]


Effective date -- 1995 c 285: See RCW 48.30A.900.

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9A.76.180
Intimidating a public servant.
(1) A person is guilty of intimidating a public servant if, by use of a threat, he attempts to influence a public servant's vote, opinion, decision, or other official action as a public servant.

(2) For purposes of this section "public servant" shall not include jurors.

(3) "Threat" as used in this section means

(a) to communicate, directly or indirectly, the intent immediately to use force against any person who is present at the time; or

(b) threats as defined in *RCW 9A.04.110(25).

(4) Intimidating a public servant is a class B felony.


[1975 1st ex.s. c 260 9A.76.180.]

Notes: *Reviser's note: RCW 9A.04.110 was amended by 2005 c 458 3, changing subsection (25) to subsection (26).


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9A.76.060
Relative defined.

As used in RCW 9A.76.070 and 9A.76.080, "relative" means a person:

(1) Who is related as husband or wife, brother or sister, parent or grandparent, child or grandchild, step-child or step-parent to the person to whom criminal assistance is rendered; and

(2) Who does not render criminal assistance to another person in one or more of the means defined in subsections (4), (5), or (6) of RCW 9A.76.050.


[1975 1st ex.s. c 260 9A.76.060.]




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9A.76.070
Rendering criminal assistance in the first degree.

(1) A person is guilty of rendering criminal assistance in the first degree if he or she renders criminal assistance to a person who has committed or is being sought for murder in the first degree or any class A felony or equivalent juvenile offense.

(2)(a) Except as provided in (b) of this subsection, rendering criminal assistance in the first degree is a class C felony.

(b) Rendering criminal assistance in the first degree is a gross misdemeanor if it is established by a preponderance of the evidence that the actor is a relative as defined in RCW 9A.76.060.


[2003 c 53 83; 1982 1st ex.s. c 47 21; 1975 1st ex.s. c 260 9A.76.070.]

Notes: Intent -- Effective date -- 2003 c 53: See notes following RCW 2.48.180.

Severability -- 1982 1st ex.s. c 47: See note following RCW 9.41.190.


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9A.76.080
Rendering criminal assistance in the second degree.
(1) A person is guilty of rendering criminal assistance in the second degree if he or she renders criminal assistance to a person who has committed or is being sought for a class B or class C felony or an equivalent juvenile offense or to someone being sought for violation of parole, probation, or community supervision.

(2)(a) Except as provided in (b) of this subsection, rendering criminal assistance in the second degree is a gross misdemeanor.

(b) Rendering criminal assistance in the second degree is a misdemeanor if it is established by a preponderance of the evidence that the actor is a relative as defined in RCW 9A.76.060.


[2003 c 53 84; 1982 1st ex.s. c 47 22; 1975 1st ex.s. c 260 9A.76.080.]

Notes: Intent -- Effective date -- 2003 c 53: See notes following RCW 2.48.180.

Severability -- 1982 1st ex.s. c 47: See note following RCW 9.41.190.


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9A.76.090
Rendering criminal assistance in the third degree.
(1) A person is guilty of rendering criminal assistance in the third degree if he renders criminal assistance to a person who has committed a gross misdemeanor or misdemeanor.

(2) Rendering criminal assistance in the third degree is a misdemeanor.


[1975 1st ex.s. c 260 9A.76.090.]

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9A.76.100
Compounding.
(1) A person is guilty of compounding if:

(a) He requests, accepts, or agrees to accept any pecuniary benefit pursuant to an agreement or understanding that he will refrain from initiating a prosecution for a crime; or

(b) He confers, or offers or agrees to confer, any pecuniary benefit upon another pursuant to an agreement or understanding that such other person will refrain from initiating a prosecution for a crime.

(2) In any prosecution under this section, it is a defense if established by a preponderance of the evidence that the pecuniary benefit did not exceed an amount which the defendant reasonably believed to be due as restitution or indemnification for harm caused by the crime.

(3) Compounding is a gross misdemeanor.


[1975 1st ex.s. c 260 9A.76.100.]

9.73.110
Intercepting, recording, or disclosing private communications Not unlawful for building owner Conditions.

It shall not be unlawful for the owner or person entitled to use and possession of a building, as defined in RCW 9A.04.110(5), or the agent of such person, to intercept, record, or disclose communications or conversations which occur within such building if the persons engaged in such communication or conversation are engaged in a criminal act at the time of such communication or conversation by virtue of unlawful entry or remaining unlawfully in such building.


[1977 ex.s. c 363 4.]

Chapter 9A.28 RCW
Anticipatory offenses 


Chapter Listing


RCW Sections
9A.28.010 Prosecutions based on felonies defined outside Title 9A RCW. 
9A.28.020 Criminal attempt. 
9A.28.030 Criminal solicitation. 
9A.28.040 Criminal conspiracy. 

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9A.28.010
Prosecutions based on felonies defined outside Title 9A RCW.
In any prosecution under this title for attempt, solicitation, or conspiracy to commit a felony defined by a statute of this state which is not in this title, unless otherwise provided:

(1) If the maximum sentence of imprisonment authorized by law upon conviction of such felony is twenty years or more, such felony shall be treated as a class A felony for purposes of this title;

(2) If the maximum sentence of imprisonment authorized by law upon conviction of such felony is eight years or more but less than twenty years, such felony shall be treated as a class B felony for purposes of this title;

(3) If the maximum sentence of imprisonment authorized by law upon conviction of such felony is less than eight years, such felony shall be treated as a class C felony for purposes of this title.


[1975 1st ex.s. c 260 9A.28.010.]

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9A.28.020
Criminal attempt.
(1) A person is guilty of an attempt to commit a crime if, with intent to commit a specific crime, he or she does any act which is a substantial step toward the commission of that crime.

(2) If the conduct in which a person engages otherwise constitutes an attempt to commit a crime, it is no defense to a prosecution of such attempt that the crime charged to have been attempted was, under the attendant circumstances, factually or legally impossible of commission.

(3) An attempt to commit a crime is a:

(a) Class A felony when the crime attempted is murder in the first degree, murder in the second degree, arson in the first degree, child molestation in the first degree, indecent liberties by forcible compulsion, rape in the first degree, rape in the second degree, rape of a child in the first degree, or rape of a child in the second degree;

(b) Class B felony when the crime attempted is a class A felony other than an offense listed in (a) of this subsection;

(c) Class C felony when the crime attempted is a class B felony;

(d) Gross misdemeanor when the crime attempted is a class C felony;

(e) Misdemeanor when the crime attempted is a gross misdemeanor or misdemeanor.


[2001 2nd sp.s. c 12 354; 1994 c 271 101; 1981 c 203 3; 1975 1st ex.s. c 260 9A.28.020.]

Notes: Intent -- Severability -- Effective dates -- 2001 2nd sp.s. c 12: See notes following RCW 71.09.250.

Application -- 2001 2nd sp.s. c 12 301-363: See note following RCW 9.94A.030.


Purpose -- 1994 c 271: "The purpose of chapter 271, Laws of 1994 is to make certain technical corrections and correct oversights discovered only after unanticipated circumstances have arisen. These changes are necessary to give full expression to the original intent of the legislature." [1994 c 271 1.]


Severability -- 1994 c 271: "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." [1994 c 271 1103.]

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9A.28.030
Criminal solicitation.
(1) A person is guilty of criminal solicitation when, with intent to promote or facilitate the commission of a crime, he offers to give or gives money or other thing of value to another to engage in specific conduct which would constitute such crime or which would establish complicity of such other person in its commission or attempted commission had such crime been attempted or committed.

(2) Criminal solicitation shall be punished in the same manner as criminal attempt under RCW 9A.28.020.


[1975 1st ex.s. c 260 9A.28.030.]

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9A.28.040
Criminal conspiracy.
(1) A person is guilty of criminal conspiracy when, with intent that conduct constituting a crime be performed, he or she agrees with one or more persons to engage in or cause the performance of such conduct, and any one of them takes a substantial step in pursuance of such agreement.

(2) It shall not be a defense to criminal conspiracy that the person or persons with whom the accused is alleged to have conspired:

(a) Has not been prosecuted or convicted; or

(b) Has been convicted of a different offense; or

(c) Is not amenable to justice; or

(d) Has been acquitted; or

(e) Lacked the capacity to commit an offense; or

(f) Is a law enforcement officer or other government agent who did not intend that a crime be committed.

(3) Criminal conspiracy is a:

(a) Class A felony when an object of the conspiratorial agreement is murder in the first degree;

(b) Class B felony when an object of the conspiratorial agreement is a class A felony other than murder in the first degree;

(c) Class C felony when an object of the conspiratorial agreement is a class B felony;

(d) Gross misdemeanor when an object of the conspiratorial agreement is a class C felony;

(e) Misdemeanor when an object of the conspiratorial agreement is a gross misdemeanor or misdemeanor.


[1997 c 17 1; 1975 1st ex.s. c 260 9A.28.040.]

Chapter 9A.46 RCW
Harassment 


Chapter Listing


RCW Sections
9A.46.010 Legislative finding. 
9A.46.020 Definition -- Penalties. 
9A.46.030 Place where committed. 
9A.46.040 Court-ordered requirements upon person charged with crime -- Violation. 
9A.46.050 Arraignment -- No-contact order. 
9A.46.060 Crimes included in harassment. 
9A.46.070 Enforcement of orders restricting contact. 
9A.46.080 Order restricting contact -- Violation. 
9A.46.090 Nonliability of peace officer. 
9A.46.100 "Convicted," time when. 
9A.46.110 Stalking. 
9A.46.120 Criminal gang intimidation. 
9A.46.900 Short title. 
9A.46.905 Effective date -- 1985 c 288. 
9A.46.910 Severability -- 1985 c 288. 



Notes:
Disclosure of information to person threatened or harassed by mentally ill person: RCW 71.05.390.
Harassment: RCW 9A.36.080, chapter 10.14 RCW. 




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9A.46.010
Legislative finding.
The legislature finds that the prevention of serious, personal harassment is an important government objective. Toward that end, this chapter is aimed at making unlawful the repeated invasions of a person's privacy by acts and threats which show a pattern of harassment designed to coerce, intimidate, or humiliate the victim.

The legislature further finds that the protection of such persons from harassment can be accomplished without infringing on constitutionally protected speech or activity.


[1985 c 288 1.]




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9A.46.020
Definition Penalties.
(1) A person is guilty of harassment if:

(a) Without lawful authority, the person knowingly threatens:

(i) To cause bodily injury immediately or in the future to the person threatened or to any other person; or

(ii) To cause physical damage to the property of a person other than the actor; or

(iii) To subject the person threatened or any other person to physical confinement or restraint; or

(iv) Maliciously to do any other act which is intended to substantially harm the person threatened or another with respect to his or her physical or mental health or safety; and

(b) The person by words or conduct places the person threatened in reasonable fear that the threat will be carried out. "Words or conduct" includes, in addition to any other form of communication or conduct, the sending of an electronic communication.

(2)(a) Except as provided in (b) of this subsection, a person who harasses another is guilty of a gross misdemeanor.

(b) A person who harasses another is guilty of a class C felony if either of the following applies: (i) The person has previously been convicted in this or any other state of any crime of harassment, as defined in RCW 9A.46.060, of the same victim or members of the victim's family or household or any person specifically named in a no-contact or no-harassment order; or (ii) the person harasses another person under subsection (1)(a)(i) of this section by threatening to kill the person threatened or any other person.

(3) The penalties provided in this section for harassment do not preclude the victim from seeking any other remedy otherwise available under law.


[2003 c 53 69; 1999 c 27 2; 1997 c 105 1; 1992 c 186 2; 1985 c 288 2.]

Notes: Intent -- Effective date -- 2003 c 53: See notes following RCW 2.48.180.

Intent -- 1999 c 27: "It is the intent of chapter 27, Laws of 1999 to clarify that electronic communications are included in the types of conduct and actions that can constitute the crimes of harassment and stalking. It is not the intent of the legislature, by adoption of chapter 27, Laws of 1999, to restrict in any way the types of conduct or actions that can constitute harassment or stalking." [1999 c 27 1.]


Severability -- 1992 c 186: See note following RCW 9A.46.110.

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9A.46.030
Place where committed.
Any harassment offense committed as set forth in RCW 9A.46.020 or 9A.46.110 may be deemed to have been committed where the conduct occurred or at the place from which the threat or threats were made or at the place where the threats were received.


[1992 c 186 3; 1985 c 288 3.]

Notes: Severability -- 1992 c 186: See note following RCW 9A.46.110.

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9A.46.040
Court-ordered requirements upon person charged with crime Violation.
(1) Because of the likelihood of repeated harassment directed at those who have been victims of harassment in the past, when any defendant charged with a crime involving harassment is released from custody before trial on bail or personal recognizance, the court authorizing the release may require that the defendant:

(a) Stay away from the home, school, business, or place of employment of the victim or victims of the alleged offense or other location, as shall be specifically named by the court in the order;

(b) Refrain from contacting, intimidating, threatening, or otherwise interfering with the victim or victims of the alleged offense and such other persons, including but not limited to members of the family or household of the victim, as shall be specifically named by the court in the order.

(2) An intentional violation of a court order issued under this section is a misdemeanor. The written order releasing the defendant shall contain the court's directives and shall bear the legend: Violation of this order is a criminal offense under chapter 9A.46 RCW. A certified copy of the order shall be provided to the victim by the clerk of the court.


[1985 c 288 4.]

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9A.46.050
Arraignment No-contact order.
A defendant who is charged by citation, complaint, or information with an offense involving harassment and not arrested shall appear in court for arraignment in person as soon as practicable, but in no event later than fourteen days after the next day on which court is in session following the issuance of the citation or the filing of the complaint or information. At that appearance, the court shall determine the necessity of imposing a no-contact or no-harassment order, and consider the provisions of RCW 9.41.800, or other conditions of pretrial release according to the procedures established by court rule for preliminary appearance or an arraignment.


[1994 sp.s. c 7 447; 1985 c 288 5.]

Notes: Finding -- Intent -- Severability -- 1994 sp.s. c 7: See notes following RCW 43.70.540.

Effective date -- 1994 sp.s. c 7 401-410, 413-416, 418-437, and 439-460: See note following RCW 9.41.010.

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9A.46.060
Crimes included in harassment.
As used in this chapter, "harassment" may include but is not limited to any of the following crimes:

(1) Harassment (RCW 9A.46.020);

(2) Malicious harassment (RCW 9A.36.080);

(3) Telephone harassment (RCW 9.61.230);

(4) Assault in the first degree (RCW 9A.36.011);

(5) Assault of a child in the first degree (RCW 9A.36.120);

(6) Assault in the second degree (RCW 9A.36.021);

(7) Assault of a child in the second degree (RCW 9A.36.130);

(8) Assault in the fourth degree (RCW 9A.36.041);

(9) Reckless endangerment (RCW 9A.36.050);

(10) Extortion in the first degree (RCW 9A.56.120);

(11) Extortion in the second degree (RCW 9A.56.130);

(12) Coercion (RCW 9A.36.070);

(13) Burglary in the first degree (RCW 9A.52.020);

(14) Burglary in the second degree (RCW 9A.52.030);

(15) Criminal trespass in the first degree (RCW 9A.52.070);

(16) Criminal trespass in the second degree (RCW 9A.52.080);

(17) Malicious mischief in the first degree (RCW 9A.48.070);

(18) Malicious mischief in the second degree (RCW 9A.48.080);

(19) Malicious mischief in the third degree (RCW 9A.48.090);

(20) Kidnapping in the first degree (RCW 9A.40.020);

(21) Kidnapping in the second degree (RCW 9A.40.030);

(22) Unlawful imprisonment (RCW 9A.40.040);

(23) Rape in the first degree (RCW 9A.44.040);

(24) Rape in the second degree (RCW 9A.44.050);

(25) Rape in the third degree (RCW 9A.44.060);

(26) Indecent liberties (RCW 9A.44.100);

(27) Rape of a child in the first degree (RCW 9A.44.073);

(28) Rape of a child in the second degree (RCW 9A.44.076);

(29) Rape of a child in the third degree (RCW 9A.44.079);

(30) Child molestation in the first degree (RCW 9A.44.083);

(31) Child molestation in the second degree (RCW 9A.44.086);

(32) Child molestation in the third degree (RCW 9A.44.089);

(33) Stalking (RCW 9A.46.110);

(34) Cyberstalking (RCW 9.61.260);

(35) Residential burglary (RCW 9A.52.025);

(36) Violation of a temporary, permanent, or final protective order issued pursuant to chapter 7.90, 9A.46, 10.14, 10.99, 26.09, or 26.50 RCW;

(37) Unlawful discharge of a laser in the first degree (RCW 9A.49.020); and

(38) Unlawful discharge of a laser in the second degree (RCW 9A.49.030).


[2006 c 138 21; 2004 c 94 4; 1999 c 180 7; 1997 c 338 52. Prior: 1994 c 271 802; 1994 c 121 2; prior: 1992 c 186 4; 1992 c 145 12; 1988 c 145 15; 1985 c 288 6.]

Notes: Short title -- 2006 c 138: See RCW 7.90.900.

Severability -- Effective dates--2004 c 94: See notes following RCW 9.61.260.


Finding -- Evaluation -- Report -- 1997 c 338: See note following RCW 13.40.0357.


Severability -- Effective dates -- 1997 c 338: See notes following RCW 5.60.060.


Purpose -- Severability -- 1994 c 271: See notes following RCW 9A.28.020.


Severability -- 1992 c 186: See note following RCW 9A.46.110.


Effective date -- Savings -- Application -- 1988 c 145: See notes following RCW 9A.44.010.

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9A.46.070
Enforcement of orders restricting contact.
Any law enforcement agency in this state may enforce this chapter as it relates to orders restricting the defendants' ability to have contact with the victim or others.


[1985 c 288 7.]

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9A.46.080
Order restricting contact Violation.
The victim shall be informed by local law enforcement agencies or the prosecuting attorney of the final disposition of the case in which the victim is involved. If a defendant is found guilty of a crime of harassment and a condition of the sentence restricts the defendant's ability to have contact with the victim or witnesses, the condition shall be recorded and a written certified copy of that order shall be provided to the victim or witnesses by the clerk of the court. Willful violation of a court order issued under this section is a misdemeanor. The written order shall contain the court's directives and shall bear the legend: Violation of this order is a criminal offense under chapter 9A.46 RCW and will subject a violator to arrest.


[1985 c 288 8.]

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9A.46.090
Nonliability of peace officer.
A peace officer shall not be held liable in any civil action for an arrest based on probable cause, enforcement in good faith of a court order, or any other action or omission in good faith under this chapter arising from an alleged incident of harassment brought by any party to the incident.


[1985 c 288 9.]



9A.46.100
"Convicted," time when.
As used in RCW 9.61.230, 9.61.260, 9A.46.020, or 9A.46.110, a person has been "convicted" at such time as a plea of guilty has been accepted or a verdict of guilty has been filed, notwithstanding the pendency of any future proceedings including but not limited to sentencing, posttrial motions, and appeals.


[2004 c 94 5; 1992 c 186 5; 1985 c 288 10.]

Notes: Severability -- Effective dates--2004 c 94: See notes following RCW 9.61.260.

Severability -- 1992 c 186: See note following RCW 9A.46.110.


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9A.46.110
Stalking.

(1) A person commits the crime of stalking if, without lawful authority and under circumstances not amounting to a felony attempt of another crime:

(a) He or she intentionally and repeatedly harasses or repeatedly follows another person; and

(b) The person being harassed or followed is placed in fear that the stalker intends to injure the person, another person, or property of the person or of another person. The feeling of fear must be one that a reasonable person in the same situation would experience under all the circumstances; and

(c) The stalker either:

(i) Intends to frighten, intimidate, or harass the person; or

(ii) Knows or reasonably should know that the person is afraid, intimidated, or harassed even if the stalker did not intend to place the person in fear or intimidate or harass the person.

(2)(a) It is not a defense to the crime of stalking under subsection (1)(c)(i) of this section that the stalker was not given actual notice that the person did not want the stalker to contact or follow the person; and

(b) It is not a defense to the crime of stalking under subsection (1)(c)(ii) of this section that the stalker did not intend to frighten, intimidate, or harass the person.

(3) It shall be a defense to the crime of stalking that the defendant is a licensed private investigator acting within the capacity of his or her license as provided by chapter 18.165 RCW.

(4) Attempts to contact or follow the person after being given actual notice that the person does not want to be contacted or followed constitutes prima facie evidence that the stalker intends to intimidate or harass the person. "Contact" includes, in addition to any other form of contact or communication, the sending of an electronic communication to the person.

(5)(a) Except as provided in (b) of this subsection, a person who stalks another person is guilty of a gross misdemeanor.

(b) A person who stalks another is guilty of a class C felony if any of the following applies: (i) The stalker has previously been convicted in this state or any other state of any crime of harassment, as defined in RCW 9A.46.060, of the same victim or members of the victim's family or household or any person specifically named in a protective order; (ii) the stalking violates any protective order protecting the person being stalked; (iii) the stalker has previously been convicted of a gross misdemeanor or felony stalking offense under this section for stalking another person; (iv) the stalker was armed with a deadly weapon, as defined in RCW 9.94A.602, while stalking the person; (v) the stalker's victim is or was a law enforcement officer, judge, juror, attorney, victim advocate, legislator, community correction's officer, or an employee of the child protective, child welfare, or adult protective services division within the department of social and health services, and the stalker stalked the victim to retaliate against the victim for an act the victim performed during the course of official duties or to influence the victim's performance of official duties; or (vi) the stalker's victim is a current, former, or prospective witness in an adjudicative proceeding, and the stalker stalked the victim to retaliate against the victim as a result of the victim's testimony or potential testimony.

(6) As used in this section:

(a) "Follows" means deliberately maintaining visual or physical proximity to a specific person over a period of time. A finding that the alleged stalker repeatedly and deliberately appears at the person's home, school, place of employment, business, or any other location to maintain visual or physical proximity to the person is sufficient to find that the alleged stalker follows the person. It is not necessary to establish that the alleged stalker follows the person while in transit from one location to another.

(b) "Harasses" means unlawful harassment as defined in RCW 10.14.020.

(c) "Protective order" means any temporary or permanent court order prohibiting or limiting violence against, harassment of, contact or communication with, or physical proximity to another person.

(d) "Repeatedly" means on two or more separate occasions.


[2006 c 95 3; 2003 c 53 70. Prior: 1999 c 143 35; 1999 c 27 3; 1994 c 271 801; 1992 c 186 1.]

Notes: Findings--Intent -- 2006 c 95: See note following RCW 74.04.790.

Intent -- Effective date -- 2003 c 53: See notes following RCW 2.48.180.


Intent -- 1999 c 27: See note following RCW 9A.46.020.


Purpose -- Severability -- 1994 c 271: See notes following RCW 9A.28.020.


Severability -- 1992 c 186: "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." [1992 c 186 10.]


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9A.46.120
Criminal gang intimidation.

A person commits the offense of criminal gang intimidation if the person threatens another person with bodily injury because the other person refuses to join or has attempted to withdraw from a gang, as defined in RCW 28A.600.455, if the person who threatens the victim or the victim attends or is registered in a public or alternative school. Criminal gang intimidation is a class C felony.


[1997 c 266 3.]

Notes: Findings -- Intent -- Severability -- 1997 c 266: See notes following RCW 28A.600.455.


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9A.46.900
Short title.
This act shall be known as the anti-harassment act of 1985.


[1985 c 288 12.]

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9A.46.905
Effective date 1985 c 288.
This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect May 1, 1985.


[1985 c 288 15.]

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9A.46.910
Severability 1985 c 288.
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.


[1985 c 288 14.]

RCW 9A.36.080
Malicious harassment Definition and criminal penalty. 

(1) A person is guilty of malicious harassment if he or she maliciously and intentionally commits one of the following acts because of his or her perception of the victim's race, color, religion, ancestry, national origin, gender, sexual orientation, or mental, physical, or sensory handicap:

(a) Causes physical injury to the victim or another person; 

(b) Causes physical damage to or destruction of the property of the victim or another person; or

(c) Threatens a specific person or group of persons and places that person, or members of the specific group of persons, in reasonable fear of harm to person or property. The fear must be a fear that a reasonable person would have under all the circumstances. For purposes of this section, a "reasonable person" is a reasonable person who is a member of the victim's race, color, religion, ancestry, national origin, gender, or sexual orientation, or who has the same mental, physical, or sensory handicap as the victim. Words alone do not constitute malicious harassment unless the context or circumstances surrounding the words indicate the words are a threat. Threatening words do not constitute malicious harassment if it is apparent to the victim that the person does not have the ability to carry out the threat.

(2) In any prosecution for malicious harassment, unless evidence exists which explains to the trier of fact's satisfaction that the person did not intend to threaten the victim or victims, the trier of fact may infer that the person intended to threaten a specific victim or group of victims because of the person's perception of the victim's or victims' race, color, religion, ancestry, national origin, gender, sexual orientation, or mental, physical, or sensory handicap if the person commits one of the following acts:

(a) Burns a cross on property of a victim who is or whom the actor perceives to be of African American heritage; or

(b) Defaces property of a victim who is or whom the actor perceives to be of Jewish heritage by defacing the property with a swastika.

This subsection only applies to the creation of a reasonable inference for evidentiary purposes. This subsection does not restrict the state's ability to prosecute a person under subsection (1) of this section when the facts of a particular case do not fall within (a) or (b) of this subsection.

(3) It is not a defense that the accused was mistaken that the victim was a member of a certain race, color, religion, ancestry, national origin, gender, or sexual orientation, or had a mental, physical, or sensory handicap.

(4) Evidence of expressions or associations of the accused may not be introduced as substantive evidence at trial unless the evidence specifically relates to the crime charged. Nothing in this chapter shall affect the rules of evidence governing impeachment of a witness.

(5) Every person who commits another crime during the commission of a crime under this section may be punished and prosecuted for the other crime separately.

(6) "Sexual orientation" for the purposes of this section means heterosexuality, homosexuality, or bisexuality.

(7) Malicious harassment is a class C felony.

(8) The penalties provided in this section for malicious harassment do not preclude the victims from seeking any other remedies otherwise available under law.

(9) Nothing in this section confers or expands any civil rights or protections to any group or class identified under this section, beyond those rights or protections that exist under the federal or state Constitution or the civil laws of the state of Washington.


[1993 c 127 2; 1989 c 95 1; 1984 c 268 1; 1981 c 267 1.]


Notes:
Severability -- 1993 c 127: See note following RCW 9A.36.078.

Construction -- 1989 c 95: "The provisions of this act shall be liberally construed in order to effectuate its purpose." [1989 c 95 3.]


Severability -- 1989 c 95: "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." [1989 c 95 4.]


Harassment: Chapters 9A.46 and 10.14 RCW. 

Chapter 9A.52 RCW
Burglary and trespass 


Chapter Listing


RCW Sections
9A.52.010 Definitions. 
9A.52.020 Burglary in the first degree. 
9A.52.025 Residential burglary. 
9A.52.030 Burglary in the second degree. 
9A.52.040 Inference of intent. 
9A.52.050 Other crime in committing burglary punishable. 
9A.52.060 Making or having burglar tools. 
9A.52.070 Criminal trespass in the first degree. 
9A.52.080 Criminal trespass in the second degree. 
9A.52.090 Criminal trespass -- Defenses. 
9A.52.095 Vehicle prowling in the first degree. 
9A.52.100 Vehicle prowling in the second degree. 
9A.52.110 Computer trespass in the first degree. 
9A.52.120 Computer trespass in the second degree. 
9A.52.130 Computer trespass -- Commission of other crime. 




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9A.52.010
Definitions.
The following definitions apply in this chapter:

(1) "Premises" includes any building, dwelling, structure used for commercial aquaculture, or any real property;

(2) "Enter". The word "enter" when constituting an element or part of a crime, shall include the entrance of the person, or the insertion of any part of his body, or any instrument or weapon held in his hand and used or intended to be used to threaten or intimidate a person or to detach or remove property;

(3) "Enters or remains unlawfully". A person "enters or remains unlawfully" in or upon premises when he is not then licensed, invited, or otherwise privileged to so enter or remain.

A license or privilege to enter or remain in a building which is only partly open to the public is not a license or privilege to enter or remain in that part of a building which is not open to the public. A person who enters or remains upon unimproved and apparently unused land, which is neither fenced nor otherwise enclosed in a manner designed to exclude intruders, does so with license and privilege unless notice against trespass is personally communicated to him by the owner of the land or some other authorized person, or unless notice is given by posting in a conspicuous manner. Land that is used for commercial aquaculture or for growing an agricultural crop or crops, other than timber, is not unimproved and apparently unused land if a crop or any other sign of cultivation is clearly visible or if notice is given by posting in a conspicuous manner. Similarly, a field fenced in any manner is not unimproved and apparently unused land. A license or privilege to enter or remain on improved and apparently used land that is open to the public at particular times, which is neither fenced nor otherwise enclosed in a manner to exclude intruders, is not a license or privilege to enter or remain on the land at other times if notice of prohibited times of entry is posted in a conspicuous manner;

(4) "Data" means a representation of information, knowledge, facts, concepts, or instructions that are being prepared or have been prepared in a formalized manner and are intended for use in a computer;

(5) "Computer program" means an ordered set of data representing coded instructions or statements that when executed by a computer cause the computer to process data;

(6) "Access" means to approach, instruct, communicate with, store data in, retrieve data from, or otherwise make use of any resources of a computer, directly or by electronic means.


[2004 c 69 1; 1985 c 289 1. Prior: 1984 c 273 5; 1984 c 49 1; 1975 1st ex.s. c 260 9A.52.010.]




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9A.52.020
Burglary in the first degree.
(1) A person is guilty of burglary in the first degree if, with intent to commit a crime against a person or property therein, he or she enters or remains unlawfully in a building and if, in entering or while in the building or in immediate flight therefrom, the actor or another participant in the crime (a) is armed with a deadly weapon, or (b) assaults any person.

(2) Burglary in the first degree is a class A felony.


[1996 c 15 1; 1995 c 129 9 (Initiative Measure No. 159); 1975 1st ex.s. c 260 9A.52.020.]

Notes: Findings and intent -- Short title -- Severability -- Captions not law -- 1995 c 129: See notes following RCW 9.94A.510.






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9A.52.025
Residential burglary.
(1) A person is guilty of residential burglary if, with intent to commit a crime against a person or property therein, the person enters or remains unlawfully in a dwelling other than a vehicle.

(2) Residential burglary is a class B felony. In establishing sentencing guidelines and disposition standards, the sentencing guidelines commission and the juvenile disposition standards commission shall consider residential burglary as a more serious offense than second degree burglary.


[1989 2nd ex.s. c 1 1; 1989 c 412 1.]

Notes: Effective date -- 1989 2nd ex.s. c 1: "This act shall take effect July 1, 1990." [1989 2nd ex.s. c 1 4; 1989 c 412 4.]






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9A.52.030
Burglary in the second degree.
(1) A person is guilty of burglary in the second degree if, with intent to commit a crime against a person or property therein, he enters or remains unlawfully in a building other than a vehicle or a dwelling.

(2) Burglary in the second degree is a class B felony.


[1989 2nd ex.s. c 1 2; 1989 c 412 2; 1975-'76 2nd ex.s. c 38 7; 1975 1st ex.s. c 260 9A.52.030.]

Notes: Effective date -- 1989 2nd ex.s. c 1: See note following RCW 9A.52.025.

Effective date -- Severability -- 1975-'76 2nd ex.s. c 38: See notes following RCW 9A.08.020.


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9A.52.040
Inference of intent.
In any prosecution for burglary, any person who enters or remains unlawfully in a building may be inferred to have acted with intent to commit a crime against a person or property therein, unless such entering or remaining shall be explained by evidence satisfactory to the trier of fact to have been made without such criminal intent.


[1975 1st ex.s. c 260 9A.52.040.]

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9A.52.050
Other crime in committing burglary punishable.
Every person who, in the commission of a burglary shall commit any other crime, may be punished therefor as well as for the burglary, and may be prosecuted for each crime separately.


[1975 1st ex.s. c 260 9A.52.050.]

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9A.52.060
Making or having burglar tools.
(1) Every person who shall make or mend or cause to be made or mended, or have in his possession, any engine, machine, tool, false key, pick lock, bit, nippers, or implement adapted, designed, or commonly used for the commission of burglary under circumstances evincing an intent to use or employ, or allow the same to be used or employed in the commission of a burglary, or knowing that the same is intended to be so used, shall be guilty of making or having burglar tools.

(2) Making or having burglar tools is a gross misdemeanor.


[1975 1st ex.s. c 260 9A.52.060.]

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9A.52.070
Criminal trespass in the first degree.
(1) A person is guilty of criminal trespass in the first degree if he knowingly enters or remains unlawfully in a building.

(2) Criminal trespass in the first degree is a gross misdemeanor.


[1979 ex.s. c 244 12; 1975 1st ex.s. c 260 9A.52.070.]

Notes: Effective date -- 1979 ex.s. c 244: See RCW 9A.44.902.


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9A.52.080
Criminal trespass in the second degree.
(1) A person is guilty of criminal trespass in the second degree if he knowingly enters or remains unlawfully in or upon premises of another under circumstances not constituting criminal trespass in the first degree.

(2) Criminal trespass in the second degree is a misdemeanor.


[1979 ex.s. c 244 13; 1975 1st ex.s. c 260 9A.52.080.]

Notes: Effective date -- 1979 ex.s. c 244: See RCW 9A.44.902.

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9A.52.090
Criminal trespass Defenses.
In any prosecution under RCW 9A.52.070 and 9A.52.080, it is a defense that:

(1) A building involved in an offense under RCW 9A.52.070 was abandoned; or

(2) The premises were at the time open to members of the public and the actor complied with all lawful conditions imposed on access to or remaining in the premises; or

(3) The actor reasonably believed that the owner of the premises, or other person empowered to license access thereto, would have licensed him to enter or remain; or

(4) The actor was attempting to serve legal process which includes any document required or allowed to be served upon persons or property, by any statute, rule, ordinance, regulation, or court order, excluding delivery by the mails of the United States. This defense applies only if the actor did not enter into a private residence or other building not open to the public and the entry onto the premises was reasonable and necessary for service of the legal process.


[1986 c 219 2; 1975 1st ex.s. c 260 9A.52.090.]

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9A.52.095
Vehicle prowling in the first degree.
(1) A person is guilty of vehicle prowling in the first degree if, with intent to commit a crime against a person or property therein, he enters or remains unlawfully in a motor home, as defined in RCW 46.04.305, or in a vessel equipped for propulsion by mechanical means or by sail which has a cabin equipped with permanently installed sleeping quarters or cooking facilities.

(2) Vehicle prowling in the first degree is a class C felony.


[1982 1st ex.s. c 47 13.]

Notes: Severability -- 1982 1st ex.s. c 47: See note following RCW 9.41.190.

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9A.52.100
Vehicle prowling in the second degree.
(1) A person is guilty of vehicle prowling in the second degree if, with intent to commit a crime against a person or property therein, he enters or remains unlawfully in a vehicle other than a motor home, as defined in RCW 46.04.305, or a vessel equipped for propulsion by mechanical means or by sail which has a cabin equipped with permanently installed sleeping quarters or cooking facilities.

(2) Vehicle prowling in the second degree is a gross misdemeanor.


[1982 1st ex.s. c 47 14; 1975 1st ex.s. c 260 9A.52.100.]

Notes: Severability -- 1982 1st ex.s. c 47: See note following RCW 9.41.190.

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9A.52.110
Computer trespass in the first degree.
(1) A person is guilty of computer trespass in the first degree if the person, without authorization, intentionally gains access to a computer system or electronic data base of another; and

(a) The access is made with the intent to commit another crime; or

(b) The violation involves a computer or data base maintained by a government agency.

(2) Computer trespass in the first degree is a class C felony.


[1984 c 273 1.]

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9A.52.120
Computer trespass in the second degree.
(1) A person is guilty of computer trespass in the second degree if the person, without authorization, intentionally gains access to a computer system or electronic data base of another under circumstances not constituting the offense in the first degree.

(2) Computer trespass in the second degree is a gross misdemeanor.


[1984 c 273 2.]


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9A.52.130
Computer trespass Commission of other crime.
A person who, in the commission of a computer trespass, commits any other crime may be punished for that other crime as well as for the computer trespass and may be prosecuted for each crime separately.


[1984 c 273 3.]

Notes:Physical damage to computer programs: RCW 9A.48.100. 

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Chapter 9A.84 RCW
Public disturbance 

Chapter Listing


RCW Sections
9A.84.010 Riot. 
9A.84.020 Failure to disperse. 
9A.84.030 Disorderly conduct. 
9A.84.040 False reporting. 




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9A.84.010
Riot.
(1) A person is guilty of the crime of riot if, acting with three or more other persons, he or she knowingly and unlawfully uses or threatens to use force, or in any way participates in the use of such force, against any other person or against property.

(2)(a) Except as provided in (b) of this subsection, the crime of riot is a gross misdemeanor.

(b) The crime of riot is a class C felony if the actor is armed with a deadly weapon.


[2003 c 53 91; 1975 1st ex.s. c 260 9A.84.010.]

Notes: Intent -- Effective date -- 2003 c 53: See notes following RCW 2.48.180.


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9A.84.020
Failure to disperse.
(1) A person is guilty of failure to disperse if:

(a) He congregates with a group of three or more other persons and there are acts of conduct within that group which create a substantial risk of causing injury to any person, or substantial harm to property; and

(b) He refuses or fails to disperse when ordered to do so by a peace officer or other public servant engaged in enforcing or executing the law.

(2) Failure to disperse is a misdemeanor.


[1975 1st ex.s. c 260 9A.84.020.]

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9A.84.030
Disorderly conduct.
(1) A person is guilty of disorderly conduct if he:

(a) Uses abusive language and thereby intentionally creates a risk of assault; or

(b) Intentionally disrupts any lawful assembly or meeting of persons without lawful authority; or

(c) Intentionally obstructs vehicular or pedestrian traffic without lawful authority.

(2) Disorderly conduct is a misdemeanor.


[1975 1st ex.s. c 260 9A.84.030.]

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9A.84.040
False reporting.
(1) A person is guilty of false reporting if with knowledge that the information reported, conveyed or circulated is false, he initiates or circulates a false report or warning of an alleged occurrence or impending occurrence of a fire, explosion, crime, catastrophe, or emergency knowing that such false report is likely to cause evacuation of a building, place of assembly, or transportation facility, or to cause public inconvenience or alarm.

(2) False reporting is a gross misdemeanor.


[1975 1st ex.s. c 260 9A.84.040.]

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Chapter 10.14 RCW
Harassment 

Chapter Listing


RCW Sections
10.14.010 Legislative finding, intent. 
10.14.020 Definitions. 
10.14.030 Course of conduct -- Determination of purpose. 
10.14.040 Protection order -- Petition. 
10.14.050 Administrator for courts -- Forms, information. 
10.14.055 Fees excused, when. 
10.14.060 Proceeding in forma pauperis. 
10.14.070 Hearing -- Service. 
10.14.080 Antiharassment protection orders -- Ex parte temporary -- Hearing -- Longer term, renewal. 
10.14.085 Hearing reset after ex parte order -- Service by publication -- Circumstances. 
10.14.090 Representation or appearance. 
10.14.100 Service of order. 
10.14.105 Order following service by publication. 
10.14.110 Notice to law enforcement agencies -- Enforceability. 
10.14.115 Enforcement of order -- Knowledge prerequisite to penalties -- Reasonable efforts to serve copy of order. 
10.14.120 Disobedience of order -- Penalties. 
10.14.125 Service by publication -- Costs. 
10.14.130 Exclusion of certain actions. 
10.14.140 Other remedies. 
10.14.150 Jurisdiction. 
10.14.160 Where action may be brought. 
10.14.170 Criminal penalty. 
10.14.180 Modification of order. 
10.14.190 Constitutional rights. 
10.14.200 Availability of orders in family law proceedings. 
10.14.900 Severability -- 1987 c 280. 




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10.14.010
Legislative finding, intent.
The legislature finds that serious, personal harassment through repeated invasions of a person's privacy by acts and words showing a pattern of harassment designed to coerce, intimidate, or humiliate the victim is increasing. The legislature further finds that the prevention of such harassment is an important governmental objective. This chapter is intended to provide victims with a speedy and inexpensive method of obtaining civil antiharassment protection orders preventing all further unwanted contact between the victim and the perpetrator.


[1987 c 280 1.]




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10.14.020
Definitions.
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Unlawful harassment" means a knowing and willful course of conduct directed at a specific person which seriously alarms, annoys, harasses, or is detrimental to such person, and which serves no legitimate or lawful purpose. The course of conduct shall be such as would cause a reasonable person to suffer substantial emotional distress, and shall actually cause substantial emotional distress to the petitioner, or, when the course of conduct would cause a reasonable parent to fear for the well-being of their child.

(2) "Course of conduct" means a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose. "Course of conduct" includes, in addition to any other form of communication, contact, or conduct, the sending of an electronic communication. Constitutionally protected activity is not included within the meaning of "course of conduct."


[2001 c 260 2; 1999 c 27 4; 1995 c 127 1; 1987 c 280 2.]

Notes: Findings -- Intent -- 2001 c 260: "The legislature finds that unlawful harassment directed at a child by a person under the age of eighteen is not acceptable and can have serious consequences. The legislature further finds that some interactions between minors, such as "schoolyard scuffles," though not to be condoned, may not rise to the level of unlawful harassment. It is the intent of the legislature that a protection order sought by the parent or guardian of a child as provided for in this chapter be available only when the alleged behavior of the person under the age of eighteen to be restrained rises to the level set forth in chapter 10.14 RCW." [2001 c 260 1.]

Intent -- 1999 c 27: See note following RCW 9A.46.020.


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10.14.030
Course of conduct Determination of purpose.
In determining whether the course of conduct serves any legitimate or lawful purpose, the court should consider whether:

(1) Any current contact between the parties was initiated by the respondent only or was initiated by both parties;

(2) The respondent has been given clear notice that all further contact with the petitioner is unwanted;

(3) The respondent's course of conduct appears designed to alarm, annoy, or harass the petitioner;

(4) The respondent is acting pursuant to any statutory authority, including but not limited to acts which are reasonably necessary to:

(a) Protect property or liberty interests;

(b) Enforce the law; or

(c) Meet specific statutory duties or requirements;

(5) The respondent's course of conduct has the purpose or effect of unreasonably interfering with the petitioner's privacy or the purpose or effect of creating an intimidating, hostile, or offensive living environment for the petitioner;

(6) Contact by the respondent with the petitioner or the petitioner's family has been limited in any manner by any previous court order.


[1987 c 280 3.]

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10.14.040
Protection order Petition.
There shall exist an action known as a petition for an order for protection in cases of unlawful harassment.

(1) A petition for relief shall allege the existence of harassment and shall be accompanied by an affidavit made under oath stating the specific facts and circumstances from which relief is sought.

(2) A petition for relief may be made regardless of whether or not there is a pending lawsuit, complaint, petition, or other action between the parties.

(3) All court clerks' offices shall make available simplified forms and instructional brochures. Any assistance or information provided by clerks under this section does not constitute the practice of law and clerks are not responsible for incorrect information contained in a petition.

(4) Filing fees are set in RCW 36.18.020, but no filing fee may be charged for a petition filed in an existing action or under an existing cause number brought under this chapter in the jurisdiction where the relief is sought or as provided in RCW 10.14.055. Forms and instructional brochures shall be provided free of charge.

(5) A person is not required to post a bond to obtain relief in any proceeding under this section.

(6) The parent or guardian of a child under age eighteen may petition for an order of protection to restrain a person age eighteen years or over from contact with that child upon a showing that contact with the person to be enjoined is detrimental to the welfare of the child.

(7) The parent or guardian of a child under the age of eighteen may petition in superior court for an order of protection to restrain a person under the age of eighteen years from contact with that child only in cases where the person to be restrained has been adjudicated of an offense against the child protected by the order, or is under investigation or has been investigated for such an offense. In issuing a protection order under this subsection, the court shall consider, among the other facts of the case, the severity of the alleged offense, any continuing physical danger or emotional distress to the alleged victim, and the expense, difficulty, and educational disruption that would be caused by a transfer of the alleged offender to another school. The court may order that the person restrained in the order not attend the public or approved private elementary, middle, or high school attended by the person under the age of eighteen years protected by the order. In the event that the court orders a transfer of the restrained person to another school, the parents or legal guardians of the person restrained in the order are responsible for transportation and other costs associated with the change of school by the person restrained in the order. The court shall send notice of the restriction on attending the same school as the person protected by the order to the public or approved private school the person restrained by the order will attend and to the school the person protected by the order attends.


[2002 c 117 1; 2001 c 260 3. Prior: 1995 c 292 2; 1995 c 127 2; 1987 c 280 4.]

Notes: Findings -- Intent -- 2001 c 260: See note following RCW 10.14.020.

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10.14.050
Administrator for courts Forms, information.
The administrator for the courts shall develop and prepare, in consultation with interested persons, model forms and instructional brochures required under RCW 10.14.040(3).


[1987 c 280 5.]

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10.14.055
Fees excused, when.
No fees for filing or service of process may be charged by a public agency to petitioners seeking relief under this chapter from a person who has stalked them as that term is defined in RCW 9A.46.110, or from a person who has engaged in conduct that would constitute a sex offense as defined in RCW 9A.44.130, or from a person who is a family or household member as defined in RCW 26.50.010(2) who has engaged in conduct that would constitute domestic violence as defined in RCW 26.50.010(1).


[2002 c 117 2.]


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10.14.060
Proceeding in forma pauperis.
Persons seeking relief under this chapter may file an application for leave to proceed in forma pauperis on forms supplied by the court. If the court determines that a petitioner lacks the funds to pay the costs of filing, the petitioner shall be granted leave to proceed in forma pauperis and no filing fee or any other court related fees shall be charged by the court to the petitioner for relief sought under this chapter. If the petitioner is granted leave to proceed in forma pauperis, then no fees for service may be charged to the petitioner.


[1987 c 280 6.]


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10.14.070
Hearing Service.
Upon receipt of the petition alleging a prima facie case of harassment, other than a petition alleging a sex offense as defined in chapter 9A.44 RCW, the court shall order a hearing which shall be held not later than fourteen days from the date of the order. If the petition alleges a sex offense as defined in chapter 9A.44 RCW, the court shall order a hearing which shall be held not later than fourteen days from the date of the order. Except as provided in RCW 10.14.085, personal service shall be made upon the respondent not less than five court days before the hearing. If timely personal service cannot be made, the court shall set a new hearing date and shall either require additional attempts at obtaining personal service or permit service by publication as provided by RCW 10.14.085. If the court permits service by publication, the court shall set the hearing date not later than twenty-four days from the date of the order. The court may issue an ex parte order for protection pending the hearing as provided in RCW 10.14.080 and 10.14.085.


[2005 c 144 1; 1992 c 143 10; 1987 c 280 7.]

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10.14.080
Antiharassment protection orders Ex parte temporary Hearing Longer term, renewal.
(1) Upon filing a petition for a civil antiharassment protection order under this chapter, the petitioner may obtain an ex parte temporary antiharassment protection order. An ex parte temporary antiharassment protection order may be granted with or without notice upon the filing of an affidavit which, to the satisfaction of the court, shows reasonable proof of unlawful harassment of the petitioner by the respondent and that great or irreparable harm will result to the petitioner if the temporary antiharassment protection order is not granted.

(2) An ex parte temporary antiharassment protection order shall be effective for a fixed period not to exceed fourteen days or twenty-four days if the court has permitted service by publication under RCW 10.14.085. The ex parte order may be reissued. A full hearing, as provided in this chapter, shall be set for not later than fourteen days from the issuance of the temporary order or not later than twenty-four days if service by publication is permitted. Except as provided in RCW 10.14.070 and 10.14.085, the respondent shall be personally served with a copy of the ex parte order along with a copy of the petition and notice of the date set for the hearing. The ex parte order and notice of hearing shall include at a minimum the date and time of the hearing set by the court to determine if the temporary order should be made effective for one year or more, and notice that if the respondent should fail to appear or otherwise not respond, an order for protection will be issued against the respondent pursuant to the provisions of this chapter, for a minimum of one year from the date of the hearing. The notice shall also include a brief statement of the provisions of the ex parte order and notify the respondent that a copy of the ex parte order and notice of hearing has been filed with the clerk of the court.

(3) At the hearing, if the court finds by a preponderance of the evidence that unlawful harassment exists, a civil antiharassment protection order shall issue prohibiting such unlawful harassment.

(4) An order issued under this chapter shall be effective for not more than one year unless the court finds that the respondent is likely to resume unlawful harassment of the petitioner when the order expires. If so, the court may enter an order for a fixed time exceeding one year or may enter a permanent antiharassment protection order. The court shall not enter an order that is effective for more than one year if the order restrains the respondent from contacting the respondent's minor children. This limitation is not applicable to civil antiharassment protection orders issued under chapter 26.09, 26.10, or 26.26 RCW. If the petitioner seeks relief for a period longer than one year on behalf of the respondent's minor children, the court shall advise the petitioner that the petitioner may apply for renewal of the order as provided in this chapter or if appropriate may seek relief pursuant to chapter 26.09 or 26.10 RCW.

(5) At any time within the three months before the expiration of the order, the petitioner may apply for a renewal of the order by filing a petition for renewal. The petition for renewal shall state the reasons why the petitioner seeks to renew the protection order. Upon receipt of the petition for renewal, the court shall order a hearing which shall be not later than fourteen days from the date of the order. Except as provided in RCW 10.14.085, personal service shall be made upon the respondent not less than five days before the hearing. If timely service cannot be made the court shall set a new hearing date and shall either require additional attempts at obtaining personal service or permit service by publication as provided by RCW 10.14.085. If the court permits service by publication, the court shall set the new hearing date not later than twenty-four days from the date of the order. If the order expires because timely service cannot be made the court shall grant an ex parte order of protection as provided in this section. The court shall grant the petition for renewal unless the respondent proves by a preponderance of the evidence that the respondent will not resume harassment of the petitioner when the order expires. The court may renew the protection order for another fixed time period or may enter a permanent order as provided in subsection (4) of this section.

(6) The court, in granting an ex parte temporary antiharassment protection order or a civil antiharassment protection order, shall have broad discretion to grant such relief as the court deems proper, including an order:

(a) Restraining the respondent from making any attempts to contact the petitioner;

(b) Restraining the respondent from making any attempts to keep the petitioner under surveillance;

(c) Requiring the respondent to stay a stated distance from the petitioner's residence and workplace; and

(d) Considering the provisions of RCW 9.41.800.

(7) A petitioner may not obtain an ex parte temporary antiharassment protection order against a respondent if the petitioner has previously obtained two such ex parte orders against the same respondent but has failed to obtain the issuance of a civil antiharassment protection order unless good cause for such failure can be shown.

(8) The court order shall specify the date an order issued pursuant to subsections (4) and (5) of this section expires if any. The court order shall also state whether the court issued the protection order following personal service or service by publication and whether the court has approved service by publication of an order issued under this section.


[2001 c 311 1; 1995 c 246 36; 1994 sp.s. c 7 448; 1992 c 143 11; 1987 c 280 8.]

Notes: Severability -- 1995 c 246: See note following RCW 26.50.010.

Finding -- Intent -- Severability -- 1994 sp.s. c 7: See notes following RCW 43.70.540.


Effective date -- 1994 sp.s. c 7 401-410, 413-416, 418-437, and 439-460: See note following RCW 9.41.010.


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10.14.085
Hearing reset after ex parte order Service by publication Circumstances.
(1) If the respondent was not personally served with the petition, notice of hearing, and ex parte order before the hearing, the court shall reset the hearing for twenty-four days from the date of entry of the order and may order service by publication instead of personal service under the following circumstances:

(a) The sheriff or municipal officer files an affidavit stating that the officer was unable to complete personal service upon the respondent. The affidavit must describe the number and types of attempts the officer made to complete service;

(b) The petitioner files an affidavit stating that the petitioner believes that the respondent is hiding from the server to avoid service. The petitioner's affidavit must state the reasons for the belief that the petitioner [respondent] is avoiding service;

(c) The server has deposited a copy of the summons, in substantially the form prescribed in subsection (3) of this section, notice of hearing, and the ex parte order of protection in the post office, directed to the respondent at the respondent's last known address, unless the server states that the server does not know the respondent's address; and

(d) The court finds reasonable grounds exist to believe that the respondent is concealing himself or herself to avoid service, and that further attempts to personally serve the respondent would be futile or unduly burdensome.

(2) The court shall reissue the temporary order of protection not to exceed another twenty-four days from the date of reissuing the ex parte protection order and order to provide service by publication.

(3) The publication shall be made in a newspaper of general circulation in the county where the petition was brought and in the county of the last known address of the respondent once a week for three consecutive weeks. The newspaper selected must be one of the three most widely circulated papers in the county. The publication of summons shall not be made until the court orders service by publication under this section. Service of the summons shall be considered complete when the publication has been made for three consecutive weeks. The summons must be signed by the petitioner. The summons shall contain the date of the first publication, and shall require the respondent upon whom service by publication is desired, to appear and answer the petition on the date set for the hearing. The summons shall also contain a brief statement of the reason for the petition and a summary of the provisions under the ex parte order. The summons shall be essentially in the following form:


In the . . . . . . . . . court of the state of Washington for the county of . . . . . . . . . 

. . . . . . . . . . . . . . . , Petitioner 
vs. No. . . . . . . 
. . . . . . . . . . . . . . . , Respondent 

The state of Washington to . . . . . . . . . (respondent):

You are hereby summoned to appear on the . . . . day of . . . . . . , 19. . . , at . . . . a.m./p.m., and respond to the petition. If you fail to respond, an order of protection will be issued against you pursuant to the provisions of chapter 10.14 RCW, for a minimum of one year from the date you are required to appear. A temporary order of protection has been issued against you, restraining you from the following: (Insert a brief statement of the provisions of the ex parte order). A copy of the petition, notice of hearing, and ex parte order has been filed with the clerk of this court. 
. . . . . . . . . . . . 
Petitioner . . . . . . . . . . . . 



[1992 c 143 12.]




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10.14.090
Representation or appearance.
(1) Nothing in this chapter shall preclude either party from representation by private counsel or from appearing on his or her own behalf.

(2) The court may require the respondent to pay the filing fee and court costs, including service fees, and to reimburse the petitioner for costs incurred in bringing the action, including a reasonable attorney's fee. If the petitioner has been granted leave to proceed in forma pauperis, the court may require the respondent to pay the filing fee and costs, including services fees, to the county or municipality incurring the expense.


[1992 c 143 14; 1987 c 280 9.]


--------------------------------------------------------------------------------

10.14.100
Service of order.
(1) An order issued under this chapter shall be personally served upon the respondent, except as provided in subsections (5) and (7) of this section.

(2) The sheriff of the county or the peace officers of the municipality in which the respondent resides shall serve the respondent personally unless the petitioner elects to have the respondent served by a private party.

(3) If the sheriff or municipal peace officer cannot complete service upon the respondent within ten days, the sheriff or municipal peace officer shall notify the petitioner.

(4) Returns of service under this chapter shall be made in accordance with the applicable court rules.

(5) If an order entered by the court recites that the respondent appeared in person before the court, the necessity for further service is waived and proof of service of that order is not necessary. The court's order, entered after a hearing, need not be served on a respondent who fails to appear before the court, if material terms of the order have not changed from those contained in the temporary order, and it is shown to the court's satisfaction that the respondent has previously been personally served with the temporary order.

(6) Except in cases where the petitioner has fees waived under RCW 10.14.055 or is granted leave to proceed in forma pauperis, municipal police departments serving documents as required under this chapter may collect the same fees for service and mileage authorized by RCW 36.18.040 to be collected by sheriffs.

(7) If the court previously entered an order allowing service by publication of the notice of hearing and temporary order of protection pursuant to RCW 10.14.085, the court may permit service by publication of the order of protection issued under RCW 10.14.080. Service by publication must comply with the requirements of RCW 10.14.085.


[2002 c 117 3; 2001 c 311 2; 1992 c 143 15; 1987 c 280 10.]

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10.14.105
Order following service by publication.
Following completion of service by publication as provided in RCW 10.14.085, if the respondent fails to appear at the hearing, the court may issue an order of protection as provided in RCW 10.14.080. That order must be served pursuant to RCW 10.14.100, and forwarded to the appropriate law enforcement agency pursuant to RCW 10.14.110.


[1992 c 143 13.]




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10.14.110
Notice to law enforcement agencies Enforceability.
(1) A copy of an antiharassment protection order granted under this chapter shall be forwarded by the clerk of the court on or before the next judicial day to the appropriate law enforcement agency specified in the order.

Upon receipt of the order, the law enforcement agency shall forthwith enter the order into any computer-based criminal intelligence information system available in this state used by law enforcement agencies to list outstanding warrants. The law enforcement agency shall expunge expired orders from the computer system. Entry into the law enforcement information system constitutes notice to all law enforcement agencies of the existence of the order. The order is fully enforceable in any county in the state.

(2) The information entered into the computer-based system shall include notice to law enforcement whether the order was personally served or served by publication.


[1992 c 143 16; 1987 c 280 11.]

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10.14.115
Enforcement of order Knowledge prerequisite to penalties Reasonable efforts to serve copy of order.
(1) When the court issues an order of protection pursuant to RCW 10.14.080, the court shall advise the petitioner that the respondent may not be subjected to the penalties set forth in RCW 10.14.120 and 10.14.170 for a violation of the order unless the respondent knows of the order.

(2) When a peace officer investigates a report of an alleged violation of an order for protection issued under this chapter the officer shall attempt to determine whether the respondent knew of the existence of the protection order. If the officer determines that the respondent did not or probably did not know about the protection order, the officer shall make reasonable efforts to obtain a copy of the protection order and serve it on the respondent during the investigation.


[1992 c 143 17.]

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10.14.120
Disobedience of order Penalties.
Any willful disobedience by a respondent age eighteen years or over of any temporary antiharassment protection order or civil antiharassment protection order issued under this chapter subjects the respondent to criminal penalties under this chapter. Any respondent age eighteen years or over who willfully disobeys the terms of any order issued under this chapter may also, in the court's discretion, be found in contempt of court and subject to penalties under chapter 7.21 RCW. Any respondent under the age of eighteen years who willfully disobeys the terms of an order issued under this chapter may, in the court's discretion, be found in contempt of court and subject to the sanction specified in RCW 7.21.030(4).


[2001 c 260 4; 1989 c 373 14; 1987 c 280 12.]

Notes: Findings -- Intent -- 2001 c 260: See note following RCW 10.14.020.

Severability -- 1989 c 373: See RCW 7.21.900.


--------------------------------------------------------------------------------

10.14.125
Service by publication Costs.
The court may permit service by publication under this chapter only if the petitioner pays the cost of publication or if the petitioner's costs have been waived pursuant to RCW 10.14.055, unless the county legislative authority allocates funds for service of process by publication for petitioners who are granted leave to proceed in forma pauperis.


[2002 c 117 4; 1992 c 143 18.]

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10.14.130
Exclusion of certain actions.
Protection orders authorized under this chapter shall not be issued for any action specifically covered by chapter 7.90, 10.99, or 26.50 RCW.


[2006 c 138 22; 1987 c 280 13.]

Notes: Short title -- 2006 c 138: See RCW 7.90.900.

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10.14.140
Other remedies.
Nothing in this chapter shall preclude a petitioner's right to utilize other existing civil remedies.


[1987 c 280 14.]

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10.14.150
Jurisdiction.
(1) The district courts shall have jurisdiction and cognizance of any civil actions and proceedings brought under this chapter, except the district court shall transfer such actions and proceedings to the superior court when it is shown that the respondent to the petition is under eighteen years of age.

(2) Municipal courts may exercise jurisdiction and cognizance of any civil actions and proceedings brought under this chapter by adoption of local court rule, except the municipal court shall transfer such actions and proceedings to the superior court when it is shown that the respondent to the petition is under eighteen years of age.

(3) Superior courts shall have concurrent jurisdiction to receive transfer of antiharassment petitions in cases where a district or municipal court judge makes findings of fact and conclusions of law showing that meritorious reasons exist for the transfer. The municipal and district courts shall have jurisdiction and cognizance of any criminal actions brought under RCW 10.14.120 and 10.14.170.


[2005 c 196 1; 1999 c 170 1; 1991 c 33 2; 1987 c 280 15.]

Notes: Effective date -- 1991 c 33: See note following RCW 3.66.020.

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10.14.160
Where action may be brought.
For the purposes of this chapter an action may be brought in:

(1) The judicial district of the county in which the alleged acts of unlawful harassment occurred;

(2) The judicial district of the county where any respondent resides at the time the petition is filed;

(3) The judicial district of the county where a respondent may be served if it is the same county or judicial district where a respondent resides;

(4) The municipality in which the alleged acts of unlawful harassment occurred;

(5) The municipality where any respondent resides at the time the petition is filed; or

(6) The municipality where a respondent may be served if it is the same county or judicial district where a respondent resides.


[2005 c 196 2; 1992 c 127 1; 1987 c 280 16.]

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10.14.170
Criminal penalty.
Any respondent age eighteen years or over who willfully disobeys any civil antiharassment protection order issued pursuant to this chapter shall be guilty of a gross misdemeanor.


[2001 c 260 5; 1987 c 280 17.]

Notes: Findings -- Intent -- 2001 c 260: See note following RCW 10.14.020.

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10.14.180
Modification of order.
Upon application with notice to all parties and after a hearing, the court may modify the terms of an existing order under this chapter. In any situation where an order is terminated or modified before its expiration date, the clerk of the court shall forward on or before the next judicial day a true copy of the modified order or the termination order to the appropriate law enforcement agency specified in the modified order or termination order. Upon receipt of the order, the law enforcement agency shall promptly enter it in the law enforcement information system.


[1987 c 280 18.]
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10.14.190
Constitutional rights.
Nothing in this chapter shall be construed to infringe upon any constitutionally protected rights including, but not limited to, freedom of speech and freedom of assembly.


[1987 c 280 19.]

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10.14.200
Availability of orders in family law proceedings.
Any order available under this chapter may be issued in actions under chapter 13.32A, 26.09, 26.10, or 26.26 RCW. An order available under this chapter that is issued under those chapters shall be fully enforceable and shall be enforced pursuant to the provisions of this chapter.


[1999 c 397 4; 1995 c 246 35.]

Notes: Severability -- 1995 c 246: See note following RCW 26.50.010.

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10.14.900
Severability 1987 c 280.
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.


[1987 c 280 22.]

 

NONCONSENSUAL COMMON LAW LIENS

RCW 60.70.010
Intent -- Definitions.
(1) It is the intent of this chapter to limit the circumstances in which nonconsensual common law liens shall be recognized in this state.

(2) For the purposes of this chapter:

(a) "Lien" means an encumbrance on property as security for the payment of a debt; 

(b) "Nonconsensual common law lien" is a lien that:

(i) Is not provided for by a specific statute;

(ii) Does not depend upon the consent of the owner of the property affected for its existence; and

(iii) Is not a court-imposed equitable or constructive lien;

(c) "State or local official or employee" means an appointed or elected official or any employee of a state agency, board, commission, department in any branch of state government, or institution of higher education; or of a school district, political subdivision, or unit of local government of this state; and

(d) "Federal official or employee" means an employee of the government and federal agency as defined for purposes of the federal tort claims act, 28 U.S.C. Sec. 2671.

(3) Nothing in this chapter is intended to affect:

(a) Any lien provided for by statute;

(b) Any consensual liens now or hereafter recognized under the common law of this state; or

(c) The ability of courts to impose equitable or constructive liens.


[1995 c 19 1; 1986 c 181 1.]

RCW 60.70.020
Real property common law liens unenforceable -- Personal property common law liens limited.

Nonconsensual common law liens against real property shall not be recognized or enforceable. Nonconsensual common law liens claimed against any personal property shall not be recognized or enforceable if, at any time the lien is claimed, the claimant fails to retain actual lawfully acquired possession or exclusive control of the property.


[1986 c 181 2.]

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Chapter 60.04 RCW
Mechanics' and materialmen's liens 


Chapter Listing


RCW Sections
60.04.011 Definitions. 
60.04.021 Lien authorized. 
60.04.031 Notices -- Exceptions. 
60.04.035 Acts of coercion -- Application of chapter 19.86 RCW. 
60.04.041 Contractor registration. 
60.04.051 Property subject to lien. 
60.04.061 Priority of lien. 
60.04.071 Release of lien rights. 
60.04.081 Frivolous claim -- Procedure. 
60.04.091 Recording -- Time -- Contents of lien. 
60.04.101 Separate residential units -- Time for filing. 
60.04.111 Recording -- Fees. 
60.04.121 Lien -- Assignment. 
60.04.131 Claims -- Designation of amount due. 
60.04.141 Lien -- Duration -- Procedural limitations. 
60.04.151 Rights of owner -- Recovery options. 
60.04.161 Bond in lieu of claim. 
60.04.171 Foreclosure -- Parties. 
60.04.181 Rank of lien -- Application of proceeds -- Attorneys' fees. 
60.04.190 Destruction or concealment of property -- Removal from premises -- Penalty. 
60.04.191 Effect of note -- Personal action preserved. 
60.04.201 Material exempt from process -- Exception. 
60.04.211 Lien -- Effect on community interest. 
60.04.221 Notice to lender -- Withholding of funds. 
60.04.226 Financial encumbrances -- Priorities. 
60.04.230 Construction projects -- Notice to be posted by prime contractor -- Penalty. 
60.04.250 Informational materials on construction lien laws -- Master documents. 
60.04.255 Informational materials on construction lien laws -- Copies -- Liability. 
60.04.261 Availability of information. 
60.04.900 Liberal construction -- 1991 c 281. 
60.04.901 Captions not law -- 1991 c 281. 
60.04.902 Effective date, application -- 1991 c 281. 
60.04.903 Effective date -- 1992 c 126. 
60.04.904 Application of chapter 281, Laws of 1991, to actions pending as of June 1, 1992 -- 1993 c 357. 



Notes:
Crop lien for furnishing work or labor: RCW 60.11.040. 



--------------------------------------------------------------------------------

60.04.011
Definitions.
Unless the context requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Construction agent" means any registered or licensed contractor, registered or licensed subcontractor, architect, engineer, or other person having charge of any improvement to real property, who shall be deemed the agent of the owner for the limited purpose of establishing the lien created by this chapter.

(2) "Contract price" means the amount agreed upon by the contracting parties, or if no amount is agreed upon, then the customary and reasonable charge therefor.

(3) "Draws" means periodic disbursements of interim or construction financing by a lender.

(4) "Furnishing labor, professional services, materials, or equipment" means the performance of any labor or professional services, the contribution owed to any employee benefit plan on account of any labor, the provision of any supplies or materials, and the renting, leasing, or otherwise supplying of equipment for the improvement of real property.

(5) "Improvement" means: (a) Constructing, altering, repairing, remodeling, demolishing, clearing, grading, or filling in, of, to, or upon any real property or street or road in front of or adjoining the same; (b) planting of trees, vines, shrubs, plants, hedges, or lawns, or providing other landscaping materials on any real property; and (c) providing professional services upon real property or in preparation for or in conjunction with the intended activities in (a) or (b) of this subsection.

(6) "Interim or construction financing" means that portion of money secured by a mortgage, deed of trust, or other encumbrance to finance improvement of, or to real property, but does not include:

(a) Funds to acquire real property;

(b) Funds to pay interest, insurance premiums, lease deposits, taxes, assessments, or prior encumbrances;

(c) Funds to pay loan, commitment, title, legal, closing, recording, or appraisal fees;

(d) Funds to pay other customary fees, which pursuant to agreement with the owner or borrower are to be paid by the lender from time to time;

(e) Funds to acquire personal property for which the potential lien claimant may not claim a lien pursuant to this chapter.

(7) "Labor" means exertion of the powers of body or mind performed at the site for compensation. "Labor" includes amounts due and owed to any employee benefit plan on account of such labor performed.

(8) "Mortgagee" means a person who has a valid mortgage of record or deed of trust of record securing a loan.

(9) "Owner-occupied" means a single-family residence occupied by the owner as his or her principal residence.

(10) "Payment bond" means a surety bond issued by a surety licensed to issue surety bonds in the state of Washington that confers upon potential claimants the rights of third party beneficiaries.

(11) "Potential lien claimant" means any person or entity entitled to assert lien rights under this chapter who has otherwise complied with the provisions of this chapter and is registered or licensed if required to be licensed or registered by the provisions of the laws of the state of Washington.

(12) "Prime contractor" includes all contractors, general contractors, and specialty contractors, as defined by chapter 18.27 or 19.28 RCW, or who are otherwise required to be registered or licensed by law, who contract directly with a property owner or their common law agent to assume primary responsibility for the creation of an improvement to real property, and includes property owners or their common law agents who are contractors, general contractors, or specialty contractors as defined in chapter 18.27 or 19.28 RCW, or who are otherwise required to be registered or licensed by law, who offer to sell their property without occupying or using the structures, projects, developments, or improvements for more than one year.

(13) "Professional services" means surveying, establishing or marking the boundaries of, preparing maps, plans, or specifications for, or inspecting, testing, or otherwise performing any other architectural or engineering services for the improvement of real property.

(14) "Real property lender" means a bank, savings bank, savings and loan association, credit union, mortgage company, or other corporation, association, partnership, trust, or individual that makes loans secured by real property located in the state of Washington.

(15) "Site" means the real property which is or is to be improved.

(16) "Subcontractor" means a general contractor or specialty contractor as defined by chapter 18.27 or 19.28 RCW, or who is otherwise required to be registered or licensed by law, who contracts for the improvement of real property with someone other than the owner of the property or their common law agent.


[1992 c 126 1; 1991 c 281 1.]




--------------------------------------------------------------------------------

60.04.021
Lien authorized.
Except as provided in RCW 60.04.031, any person furnishing labor, professional services, materials, or equipment for the improvement of real property shall have a lien upon the improvement for the contract price of labor, professional services, materials, or equipment furnished at the instance of the owner, or the agent or construction agent of the owner.


[1991 c 281 2.]




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60.04.031
Notices Exceptions.
(1) Except as otherwise provided in this section, every person furnishing professional services, materials, or equipment for the improvement of real property shall give the owner or reputed owner notice in writing of the right to claim a lien. If the prime contractor is in compliance with the requirements of RCW 19.27.095, 60.04.230, and 60.04.261, this notice shall also be given to the prime contractor as described in this subsection unless the potential lien claimant has contracted directly with the prime contractor. The notice may be given at any time but only protects the right to claim a lien for professional services, materials, or equipment supplied after the date which is sixty days before:

(a) Mailing the notice by certified or registered mail to the owner or reputed owner; or

(b) Delivering or serving the notice personally upon the owner or reputed owner and obtaining evidence of delivery in the form of a receipt or other acknowledgement signed by the owner or reputed owner or an affidavit of service.

In the case of new construction of a single-family residence, the notice of a right to claim a lien may be given at any time but only protects the right to claim a lien for professional services, materials, or equipment supplied after a date which is ten days before the notice is given as described in this subsection.

(2) Notices of a right to claim a lien shall not be required of:

(a) Persons who contract directly with the owner or the owner's common law agent;

(b) Laborers whose claim of lien is based solely on performing labor; or

(c) Subcontractors who contract for the improvement of real property directly with the prime contractor, except as provided in subsection (3)(b) of this section.

(3) Persons who furnish professional services, materials, or equipment in connection with the repair, alteration, or remodel of an existing owner-occupied single-family residence or appurtenant garage:

(a) Who contract directly with the owner-occupier or their common law agent shall not be required to send a written notice of the right to claim a lien and shall have a lien for the full amount due under their contract, as provided in RCW 60.04.021; or

(b) Who do not contract directly with the owner-occupier or their common law agent shall give notice of the right to claim a lien to the owner-occupier. Liens of persons furnishing professional services, materials, or equipment who do not contract directly with the owner-occupier or their common law agent may only be satisfied from amounts not yet paid to the prime contractor by the owner at the time the notice described in this section is received, regardless of whether amounts not yet paid to the prime contractor are due. For the purposes of this subsection "received" means actual receipt of notice by personal service, or registered or certified mail, or three days after mailing by registered or certified mail, excluding Saturdays, Sundays, or legal holidays.

(4) The notice of right to claim a lien described in subsection (1) of this section, shall include but not be limited to the following information and shall substantially be in the following form, using lower-case and upper-case ten-point type where appropriate.





NOTICE TO OWNER




IMPORTANT: READ BOTH SIDES OF THIS NOTICE



CAREFULLY.




PROTECT YOURSELF FROM PAYING TWICE


To: . . . . . . . . . . . . Date: . . . . . . . . . . . . 


Re: (description of property: Street address or general location.) 


From: . . . . . . . . . . . . 


AT THE REQUEST OF: (Name of person ordering the professional services, materials, or equipment) 


THIS IS NOT A LIEN: This notice is sent to you to tell you who is providing professional services, materials, or equipment for the improvement of your property and to advise you of the rights of these persons and your responsibilities. Also take note that laborers on your project may claim a lien without sending you a notice.




OWNER/OCCUPIER OF EXISTING



RESIDENTIAL PROPERTY


Under Washington law, those who furnish labor, professional services, materials, or equipment for the repair, remodel, or alteration of your owner-occupied principal residence and who are not paid, have a right to enforce their claim for payment against your property. This claim is known as a construction lien.


The law limits the amount that a lien claimant can claim against your property. Claims may only be made against that portion of the contract price you have not yet paid to your prime contractor as of the time this notice was given to you or three days after this notice was mailed to you. Review the back of this notice for more information and ways to avoid lien claims.




COMMERCIAL AND/OR NEW



RESIDENTIAL PROPERTY


We have or will be providing professional services, materials, or equipment for the improvement of your commercial or new residential project. In the event you or your contractor fail to pay us, we may file a lien against your property. A lien may be claimed for all professional services, materials, or equipment furnished after a date that is sixty days before this notice was given to you or mailed to you, unless the improvement to your property is the construction of a new single-family residence, then ten days before this notice was given to you or mailed to you.


Sender: . . . . . . . . . . . . 

Address: . . . . . . . . . . . . 

Telephone: . . . . . . . . . . . . 


Brief description of professional services, materials, or equipment provided or to be provided: . . . . . . . . . . . . 




IMPORTANT INFORMATION



ON REVERSE SIDE




IMPORTANT INFORMATION



FOR YOUR PROTECTION


This notice is sent to inform you that we have or will provide professional services, materials, or equipment for the improvement of your property. We expect to be paid by the person who ordered our services, but if we are not paid, we have the right to enforce our claim by filing a construction lien against your property.


LEARN more about the lien laws and the meaning of this notice by discussing them with your contractor, suppliers, Department of Labor and Industries, the firm sending you this notice, your lender, or your attorney.


COMMON METHODS TO AVOID CONSTRUCTION LIENS: There are several methods available to protect your property from construction liens. The following are two of the more commonly used methods.



DUAL PAYCHECKS (Joint Checks): When paying your contractor for services or materials, you may make checks payable jointly to the contractor and the firms furnishing you this notice.




LIEN RELEASES: You may require your contractor to provide lien releases signed by all the suppliers and subcontractors from whom you have received this notice. If they cannot obtain lien releases because you have not paid them, you may use the dual payee check method to protect yourself.



YOU SHOULD TAKE APPROPRIATE STEPS TO PROTECT YOUR PROPERTY FROM LIENS.


YOUR PRIME CONTRACTOR AND YOUR CONSTRUCTION LENDER ARE REQUIRED BY LAW TO GIVE YOU WRITTEN INFORMATION ABOUT LIEN CLAIMS. IF YOU HAVE NOT RECEIVED IT, ASK THEM FOR IT.




* * * * * * * * * * * * *


(5) Every potential lien claimant providing professional services where no improvement as defined in RCW 60.04.011(5) (a) or (b) has been commenced, and the professional services provided are not visible from an inspection of the real property may record in the real property records of the county where the property is located a notice which shall contain the professional service provider's name, address, telephone number, legal description of the property, the owner or reputed owner's name, and the general nature of the professional services provided. If such notice is not recorded, the lien claimed shall be subordinate to the interest of any subsequent mortgagee and invalid as to the interest of any subsequent purchaser if the mortgagee or purchaser acts in good faith and for a valuable consideration acquires an interest in the property prior to the commencement of an improvement as defined in RCW 60.04.011(5) (a) or (b) without notice of the professional services being provided. The notice described in this subsection shall be substantially in the following form:




NOTICE OF FURNISHING



PROFESSIONAL SERVICES


That on the (day) day of (month and year) , (name of provider) began providing professional services upon or for the improvement of real property legally described as follows:




[Legal Description



is mandatory]


The general nature of the professional services provided is . . . . . . . . . . . . . . . . . . . . . . . . 


The owner or reputed owner of the real property is . . . . . . . . . . . . 

. . . . . . . . . . . . 



. . . . . . . . . . . . 
(Signature)

. . . . . . . . . . . . 
(Name of Claimant)

. . . . . . . . . . . . 
(Street Address)

. . . . . . . . . . . . 
(City, State, Zip Code)

. . . . . . . . . . . . 
(Phone Number) 


(6) A lien authorized by this chapter shall not be enforced unless the lien claimant has complied with the applicable provisions of this section.

[1992 c 126 2; 1991 c 281 3.]




--------------------------------------------------------------------------------

60.04.035
Acts of coercion Application of chapter 19.86 RCW.
The legislature finds that acts of coercion or attempted coercion, including threats to withhold future contracts, made by a contractor or developer to discourage a contractor, subcontractor, or material or equipment supplier from giving an owner the notice of right to claim a lien required by RCW 60.04.031, or from filing a claim of lien under this chapter are matters vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW. These acts of coercion are not reasonable in relation to the development and preservation of business. These acts of coercion shall constitute an unfair or deceptive act or practice in trade or commerce for the purpose of applying the consumer protection act, chapter 19.86 RCW.


[1992 c 126 3.]




--------------------------------------------------------------------------------

60.04.041
Contractor registration.
A contractor or subcontractor required to be registered under chapter 18.27 RCW or licensed under chapter 19.28 RCW, or otherwise required to be registered or licensed by law, shall be deemed the construction agent of the owner for the purposes of establishing the lien created by this chapter only if so registered or licensed. Persons dealing with contractors or subcontractors may rely, for the purposes of this section, upon a certificate of registration issued pursuant to chapter 18.27 RCW or license issued pursuant to chapter 19.28 RCW, or other certificate or license issued pursuant to law, covering the period when the labor, professional services, material, or equipment shall be furnished, and the lien rights shall not be lost by suspension or revocation of registration or license without their knowledge. No lien rights described in this chapter shall be lost or denied by virtue of the absence, suspension, or revocation of such registration or license with respect to any contractor or subcontractor not in immediate contractual privity with the lien claimant.


[1992 c 126 4; 1991 c 281 4.]




--------------------------------------------------------------------------------

60.04.051
Property subject to lien.
The lot, tract, or parcel of land which is improved is subject to a lien to the extent of the interest of the owner at whose instance, directly or through a common law or construction agent the labor, professional services, equipment, or materials were furnished, as the court deems appropriate for satisfaction of the lien. If, for any reason, the title or interest in the land upon which the improvement is situated cannot be subjected to the lien, the court in order to satisfy the lien may order the sale and removal of the improvement from the land which is subject to the lien.


[1992 c 126 5; 1991 c 281 5.]




--------------------------------------------------------------------------------

60.04.061
Priority of lien.
The claim of lien created by this chapter upon any lot or parcel of land shall be prior to any lien, mortgage, deed of trust, or other encumbrance which attached to the land after or was unrecorded at the time of commencement of labor or professional services or first delivery of materials or equipment by the lien claimant.


[1991 c 281 6.]




--------------------------------------------------------------------------------

60.04.071
Release of lien rights.
Upon payment and acceptance of the amount due to the lien claimant and upon demand of the owner or the person making payment, the lien claimant shall immediately prepare and execute a release of all lien rights for which payment has been made, and deliver the release to the person making payment. In any suit to compel deliverance of the release thereafter in which the court determines the delay was unjustified, the court shall, in addition to ordering the deliverance of the release, award the costs of the action including reasonable attorneys' fees and any damages.


[1991 c 281 7.]




--------------------------------------------------------------------------------

60.04.081
Frivolous claim Procedure.

(1) Any owner of real property subject to a recorded claim of lien under this chapter, or contractor, subcontractor, lender, or lien claimant who believes the claim of lien to be frivolous and made without reasonable cause, or clearly excessive may apply by motion to the superior court for the county where the property, or some part thereof is located, for an order directing the lien claimant to appear before the court at a time no earlier than six nor later than fifteen days following the date of service of the application and order on the lien claimant, and show cause, if any he or she has, why the relief requested should not be granted. The motion shall state the grounds upon which relief is asked, and shall be supported by the affidavit of the applicant or his or her attorney setting forth a concise statement of the facts upon which the motion is based.

(2) The order shall clearly state that if the lien claimant fails to appear at the time and place noted the lien shall be released, with prejudice, and that the lien claimant shall be ordered to pay the costs requested by the applicant including reasonable attorneys' fees.

(3) If no action to foreclose the lien claim has been filed, the clerk of the court shall assign a cause number to the application and obtain from the applicant a filing fee pursuant to RCW 36.18.016. If an action has been filed to foreclose the lien claim, the application shall be made a part of that action.

(4) If, following a hearing on the matter, the court determines that the lien is frivolous and made without reasonable cause, or clearly excessive, the court shall issue an order releasing the lien if frivolous and made without reasonable cause, or reducing the lien if clearly excessive, and awarding costs and reasonable attorneys' fees to the applicant to be paid by the lien claimant. If the court determines that the lien is not frivolous and was made with reasonable cause, and is not clearly excessive, the court shall issue an order so stating and awarding costs and reasonable attorneys' fees to the lien claimant to be paid by the applicant.

(5) Proceedings under this section shall not affect other rights and remedies available to the parties under this chapter or otherwise.


[2006 c 192 3; 1992 c 126 6; 1991 c 281 8.]




--------------------------------------------------------------------------------

60.04.091
Recording Time Contents of lien.
Every person claiming a lien under RCW 60.04.021 shall file for recording, in the county where the subject property is located, a notice of claim of lien not later than ninety days after the person has ceased to furnish labor, professional services, materials, or equipment or the last date on which employee benefit contributions were due. The notice of claim of lien:

(1) Shall state in substance and effect:

(a) The name, phone number, and address of the claimant;

(b) The first and last date on which the labor, professional services, materials, or equipment was furnished or employee benefit contributions were due;

(c) The name of the person indebted to the claimant;

(d) The street address, legal description, or other description reasonably calculated to identify, for a person familiar with the area, the location of the real property to be charged with the lien;

(e) The name of the owner or reputed owner of the property, if known, and, if not known, that fact shall be stated; and

(f) The principal amount for which the lien is claimed.

(2) Shall be signed by the claimant or some person authorized to act on his or her behalf who shall affirmatively state they have read the notice of claim of lien and believe the notice of claim of lien to be true and correct under penalty of perjury, and shall be acknowledged pursuant to chapter 64.08 RCW. If the lien has been assigned, the name of the assignee shall be stated. Where an action to foreclose the lien has been commenced such notice of claim of lien may be amended as pleadings may be by order of the court insofar as the interests of third parties are not adversely affected by such amendment. A claim of lien substantially in the following form shall be sufficient:





CLAIM OF LIEN



. . . . . ., claimant, vs . . . . . ., name of person indebted to claimant:




Notice is hereby given that the person named below claims a lien pursuant to *chapter 64.04 RCW. In support of this lien the following information is submitted:




1. NAME OF LIEN CLAIMANT: . . . . . . . . . . . . 



TELEPHONE NUMBER: . . . . . . . . . . . . 



ADDRESS: . . . . . . . . . . . . 




2. DATE ON WHICH THE CLAIMANT BEGAN TO PERFORM LABOR, PROVIDE PROFESSIONAL SERVICES, SUPPLY MATERIAL OR EQUIPMENT OR THE DATE ON WHICH EMPLOYEE BENEFIT CONTRIBUTIONS BECAME DUE: . . . . . . . . . . . . 




3. NAME OF PERSON INDEBTED TO THE CLAIMANT: 



. . . . . . . . . . . . 




4. DESCRIPTION OF THE PROPERTY AGAINST WHICH A LIEN IS CLAIMED (Street address, legal description or other information that will reasonably describe the property): . . . . . . . . . . . . 



. . . . . . . . . . . . 



. . . . . . . . . . . . 



. . . . . . . . . . . . 




5. NAME OF THE OWNER OR REPUTED OWNER (If not known state "unknown"): . . . . . . . . . . . . 




6. THE LAST DATE ON WHICH LABOR WAS PERFORMED; PROFESSIONAL SERVICES WERE FURNISHED; CONTRIBUTIONS TO AN EMPLOYEE BENEFIT PLAN WERE DUE; OR MATERIAL, OR EQUIPMENT WAS FURNISHED: . . . . . . . . . . . . 



. . . . . . . . . . . . 




7. PRINCIPAL AMOUNT FOR WHICH THE LIEN IS CLAIMED IS: . . . . . . . . . . . . 




8. IF THE CLAIMANT IS THE ASSIGNEE OF THIS CLAIM SO STATE HERE: . . . . . . . . . . . . 



. . . . . . . . . . . . 




. . . . . . . . . . . . , Claimant 
. . . . . . . . . . . . 
. . . . . . . . . . . . 
(Phone number, address, city, and 
state of claimant)



STATE OF WASHINGTON, COUNTY OF

. . . . . . . ., ss.

. . . . . . . ., being sworn, says: I am the claimant (or attorney of the claimant, or administrator, representative, or agent of the trustees of an employee benefit plan) above named; I have read or heard the foregoing claim, read and know the contents thereof, and believe the same to be true and correct and that the claim of lien is not frivolous and is made with reasonable cause, and is not clearly excessive under penalty of perjury.


. . . . . . . . . . . . . . . . . . . . 


Subscribed and sworn to before me this . . . . day of . . . . . .


. . . . . . . . . . . . . . . . . . . . 


The period provided for recording the claim of lien is a period of limitation and no action to foreclose a lien shall be maintained unless the claim of lien is filed for recording within the ninety-day period stated. The lien claimant shall give a copy of the claim of lien to the owner or reputed owner by mailing it by certified or registered mail or by personal service within fourteen days of the time the claim of lien is filed for recording. Failure to do so results in a forfeiture of any right the claimant may have to attorneys' fees and costs against the owner under RCW 60.04.181.

[1992 c 126 7; 1991 c 281 9.]

Notes: *Reviser's note: The reference to chapter 64.04 RCW appears to be erroneous. Reference to chapter 60.04 RCW was apparently intended.






--------------------------------------------------------------------------------

60.04.101
Separate residential units Time for filing.
When furnishing labor, professional services, materials, or equipment for the construction of two or more separate residential units, the time for filing claims of lien against each separate residential unit shall commence to run upon the cessation of the furnishing of labor, professional services, materials, or equipment on each residential unit, as provided in this chapter. For the purposes of this section a separate residential unit is defined as consisting of one residential structure together with any garages or other outbuildings appurtenant thereto.


[1991 c 281 10.]




--------------------------------------------------------------------------------

60.04.111
Recording Fees.
The county auditor shall record the notice of claim of lien in the same manner as deeds and other instruments of title are recorded under chapter 65.08 RCW. Notices of claim of lien for registered land need not be recorded in the Torrens register. The county auditor shall charge no higher fee for recording notices of claim of lien than other documents.


[1991 c 281 11.]




--------------------------------------------------------------------------------

60.04.121
Lien Assignment.
Any lien or right of lien created by this chapter and the right of action to recover therefor, shall be assignable so as to vest in the assignee all rights and remedies of the assignor, subject to all defenses thereto that might be made.


[1991 c 281 12.]




--------------------------------------------------------------------------------

60.04.131
Claims Designation of amount due.
In every case in which the notice of claim of lien is recorded against two or more separate pieces of property owned by the same person or owned by two or more persons jointly or otherwise, who contracted for the labor, professional services, material, or equipment for which the notice of claim of lien is recorded, the person recording the notice of claim of lien shall designate in the notice of claim of lien the amount due on each piece of property, otherwise the lien is subordinated to other liens that may be established under this chapter. The lien of such claim does not extend beyond the amount designated as against other creditors having liens upon any of such pieces of property.


[1991 c 281 13.]




--------------------------------------------------------------------------------

60.04.141
Lien Duration Procedural limitations.
No lien created by this chapter binds the property subject to the lien for a longer period than eight calendar months after the claim of lien has been recorded unless an action is filed by the lien claimant within that time in the superior court in the county where the subject property is located to enforce the lien, and service is made upon the owner of the subject property within ninety days of the date of filing the action; or, if credit is given and the terms thereof are stated in the claim of lien, then eight calendar months after the expiration of such credit; and in case the action is not prosecuted to judgment within two years after the commencement thereof, the court, in its discretion, may dismiss the action for want of prosecution, and the dismissal of the action or a judgment rendered thereon that no lien exists shall constitute a cancellation of the lien. This is a period of limitation, which shall be tolled by the filing of any petition seeking protection under Title Eleven, United States Code by an owner of any property subject to the lien established by this chapter.


[1992 c 126 8; 1991 c 281 14.]




--------------------------------------------------------------------------------

60.04.151
Rights of owner Recovery options.
The lien claimant shall be entitled to recover upon the claim recorded the contract price after deducting all claims of other lien claimants to whom the claimant is liable, for furnishing labor, professional services, materials, or equipment; and in all cases where a claim of lien shall be recorded under this chapter for labor, professional services, materials, or equipment supplied to any lien claimant, he or she shall defend any action brought thereupon at his or her own expense. During the pendency of the action, the owner may withhold from the prime contractor the amount of money for which a claim is recorded by any subcontractor, supplier, or laborer. In case of judgment against the owner or the owner's property, upon the lien, the owner shall be entitled to deduct from sums due to the prime contractor the principal amount of the judgment from any amount due or to become due from the owner to the prime contractor plus such costs, including interest and attorneys' fees, as the court deems just and equitable, and the owner shall be entitled to recover back from the prime contractor the amount for which a lien or liens are established in excess of any sum that may remain due from the owner to the prime contractor.


[1992 c 126 9; 1991 c 281 15.]




--------------------------------------------------------------------------------

60.04.161
Bond in lieu of claim.
Any owner of real property subject to a recorded claim of lien under this chapter, or contractor, subcontractor, lender, or lien claimant who disputes the correctness or validity of the claim of lien may record, either before or after the commencement of an action to enforce the lien, in the office of the county recorder or auditor in the county where the claim of lien was recorded, a bond issued by a surety company authorized to issue surety bonds in the state. The surety shall be listed in the latest federal department of the treasury list of surety companies acceptable on federal bonds, published in the Federal Register, as authorized to issue bonds on United States government projects with an underwriting limitation, including applicable reinsurance, equal to or greater than the amount of the bond to be recorded. The bond shall contain a description of the claim of lien and real property involved, and be in an amount equal to the greater of five thousand dollars or two times the amount of the lien claimed if it is ten thousand dollars or less, and in an amount equal to or greater than one and one-half times the amount of the lien if it is in excess of ten thousand dollars. If the claim of lien affects more than one parcel of real property and is segregated to each parcel, the bond may be segregated the same as in the claim of lien. A separate bond shall be required for each claim of lien made by separate claimants. However, a single bond may be used to guarantee payment of amounts claimed by more than one claim of lien by a single claimant so long as the amount of the bond meets the requirements of this section as applied to the aggregate sum of all claims by such claimant. The condition of the bond shall be to guarantee payment of any judgment upon the lien in favor of the lien claimant entered in any action to recover the amount claimed in a claim of lien, or on the claim asserted in the claim of lien. The effect of recording a bond shall be to release the real property described in the notice of claim of lien from the lien and any action brought to recover the amount claimed. Unless otherwise prohibited by law, if no action is commenced to recover on a lien within the time specified in RCW 60.04.141, the surety shall be discharged from liability under the bond. If an action is timely commenced, then on payment of any judgment entered in the action or on payment of the full amount of the bond to the holder of the judgment, whichever is less, the surety shall be discharged from liability under the bond.

Nothing in this section shall in any way prohibit or limit the use of other methods, devised by the affected parties to secure the obligation underlying a claim of lien and to obtain a release of real property from a claim of lien.


[1992 c 126 10; 1991 c 281 16.]




--------------------------------------------------------------------------------

60.04.171
Foreclosure Parties.
The lien provided by this chapter, for which claims of lien have been recorded, may be foreclosed and enforced by a civil action in the court having jurisdiction in the manner prescribed for the judicial foreclosure of a mortgage. The court shall have the power to order the sale of the property. In any action brought to foreclose a lien, the owner shall be joined as a party. The interest in the real property of any person who, prior to the commencement of the action, has a recorded interest in the property, or any part thereof, shall not be foreclosed or affected unless they are joined as a party.

A person shall not begin an action to foreclose a lien upon any property while a prior action begun to foreclose another lien on the same property is pending, but if not made a party plaintiff or defendant to the prior action, he or she may apply to the court to be joined as a party thereto, and his or her lien may be foreclosed in the same action. The filing of such application shall toll the running of the period of limitation established by RCW 60.04.141 until disposition of the application or other time set by the court. The court shall grant the application for joinder unless to do so would create an undue delay or cause hardship which cannot be cured by the imposition of costs or other conditions as the court deems just. If a lien foreclosure action is filed during the pendency of another such action, the court may, on its own motion or the motion of any party, consolidate actions upon such terms and conditions as the court deems just, unless to do so would create an undue delay or cause hardship which cannot be cured by the imposition of costs or other conditions. If consolidation of actions is not permissible under this section, the lien foreclosure action filed during the pendency of another such action shall not be dismissed if the filing was the result of mistake, inadvertence, surprise, excusable neglect, or irregularity. An action to foreclose a lien shall not be dismissed at the instance of a plaintiff therein to the prejudice of another party to the suit who claims a lien.


[1992 c 126 11; 1991 c 281 17.]




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60.04.181
Rank of lien Application of proceeds Attorneys' fees.
(1) In every case in which different construction liens are claimed against the same property, the court shall declare the rank of such lien or class of liens, which liens shall be in the following order:

(a) Liens for the performance of labor;

(b) Liens for contributions owed to employee benefit plans;

(c) Liens for furnishing material, supplies, or equipment;

(d) Liens for subcontractors, including but not limited to their labor and materials; and

(e) Liens for prime contractors, or for professional services.

(2) The proceeds of the sale of property must be applied to each lien or class of liens in order of its rank and, in an action brought to foreclose a lien, pro rata among each claimant in each separate priority class. A personal judgment may be rendered against any party personally liable for any debt for which the lien is claimed. If the lien is established, the judgment shall provide for the enforcement thereof upon the property liable as in the case of foreclosure of judgment liens. The amount realized by such enforcement of the lien shall be credited upon the proper personal judgment. The deficiency, if any, remaining unsatisfied, shall stand as a personal judgment, and may be collected by execution against any party liable therefor.

(3) The court may allow the prevailing party in the action, whether plaintiff or defendant, as part of the costs of the action, the moneys paid for recording the claim of lien, costs of title report, bond costs, and attorneys' fees and necessary expenses incurred by the attorney in the superior court, court of appeals, supreme court, or arbitration, as the court or arbitrator deems reasonable. Such costs shall have the priority of the class of lien to which they are related, as established by subsection (1) of this section.

(4) Real property against which a lien under this chapter is enforced may be ordered sold by the court and the proceeds deposited into the registry of the clerk of the court, pending further determination respecting distribution of the proceeds of the sale.


[1992 c 126 12; 1991 c 281 18.]




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60.04.190
Destruction or concealment of property Removal from premises Penalty.
See RCW 61.12.030, 9.45.060.






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60.04.191
Effect of note Personal action preserved.
The taking of a promissory note or other evidence of indebtedness for any labor, professional services, material, or equipment furnished for which a lien is created by this chapter does not discharge the lien therefor, unless expressly received as payment and so specified therein.

Nothing in this chapter shall be construed to impair or affect the right of any person to whom any debt may be due for the furnishing of labor, professional services, material, or equipment to maintain a personal action to recover the debt against any person liable therefor.


[1991 c 281 19.]




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60.04.201
Material exempt from process Exception.
Whenever material is furnished for use in the improvement of property subject to a lien created by this chapter, the material is not subject to attachment, execution, or other legal process to enforce any debt due by the purchaser of the material, except a debt due for the purchase money thereof, so long as in good faith, the material is about to be applied in the improvement of such property.


[1991 c 281 20.]




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60.04.211
Lien Effect on community interest.
The claim of lien, when filed as required by this chapter, shall be notice to the husband or wife of the person who appears of record to be the owner of the property sought to be charged with the lien, and shall subject all the community interest of both husband and wife to the lien.


[1991 c 281 21.]




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60.04.221
Notice to lender Withholding of funds.
Any lender providing interim or construction financing where there is not a payment bond of at least fifty percent of the amount of construction financing shall observe the following procedures and the rights and liabilities of the lender and potential lien claimant shall be affected as follows:

(1) Any potential lien claimant who has not received a payment within five days after the date required by their contract, invoice, employee benefit plan agreement, or purchase order may within thirty-five days of the date required for payment of the contract, invoice, employee benefit plan agreement, or purchase order, give a notice as provided in subsections (2) and (3) of this section of the sums due and to become due, for which a potential lien claimant may claim a lien under this chapter.

(2) The notice shall be signed by the potential lien claimant or some person authorized to act on his or her behalf.

(3) The notice shall be given in writing to the lender at the office administering the interim or construction financing, with a copy given to the owner and appropriate prime contractor. The notice shall be given by:

(a) Mailing the notice by certified or registered mail to the lender, owner, and appropriate prime contractor; or

(b) Delivering or serving the notice personally and obtaining evidence of delivery in the form of a receipt or other acknowledgment signed by the lender, owner, and appropriate prime contractor, or an affidavit of service.

(4) The notice shall state in substance and effect as follows:

(a) The person, firm, trustee, or corporation filing the notice is entitled to receive contributions to any type of employee benefit plan or has furnished labor, professional services, materials, or equipment for which a lien is given by this chapter.

(b) The name of the prime contractor, common law agent, or construction agent ordering the same.

(c) A common or street address of the real property being improved or the legal description of the real property.

(d) The name, business address, and telephone number of the lien claimant.

The notice to the lender may contain additional information but shall be in substantially the following form:





NOTICE TO REAL PROPERTY LENDER



(Authorized by RCW . . . . . .)


TO: . . . . . . . . . . . . 



(Name of Lender)


. . . . . . . . . . . . 



(Administrative Office-Street Address)


. . . . . . . . . . . . 



(City) (State) (Zip)


AND TO: . . . . . . . . . . . . 



(Owner)


AND TO: . . . . . . . . . . . . 



(Prime Contractor-If Different Than Owner)


. . . . . . . . . . . . 



(Name of Laborer, Professional,



Materials, or Equipment Supplier)

whose business address is . . . . . ., did at the property located at . . . . . .

(Check appropriate box) ( ) perform labor ( ) furnish professional services ( ) provide materials ( ) supply equipment as follows:

. . . . . . . . . . . . 

. . . . . . . . . . . . 

. . . . . . . . . . . . 

which was ordered by . . . . . . . . . . . . 



(Name of Person)


whose address was stated to be . . . . . . . . . . . . 

. . . . . . . . . . . . 



The amount owing to the undersigned according to contract or purchase order for labor, supplies, or equipment (as above mentioned) is the sum of . . . . . . Dollars ($. . . . . .). Said sums became due and owing as of


. . . . . . . . . . . . 



(State Date)


. . . . . . . . . . . . , . . . . . . . . . . . . 


You are hereby required to withhold from any future draws on existing construction financing which has been made on the subject property (to the extent there remain undisbursed funds) the sum of . . . . . . Dollars ($. . . . . .).





IMPORTANT


Failure to comply with the requirements of this notice may subject the lender to a whole or partial compromise of any priority lien interest it may have pursuant to RCW 60.04.226.



DATE: . . . . . . . . . . . . 

By: . . . . . . . . . . . . 
Its: . . . . . . . . . . . . 


(5) After the receipt of the notice, the lender shall withhold from the next and subsequent draws the amount claimed to be due as stated in the notice. Alternatively, the lender may obtain from the prime contractor or borrower a payment bond for the benefit of the potential lien claimant in an amount sufficient to cover the amount stated in the potential lien claimant's notice. The lender shall be obligated to withhold amounts only to the extent that sufficient interim or construction financing funds remain undisbursed as of the date the lender receives the notice.

(6) Sums so withheld shall not be disbursed by the lender, except by the written agreement of the potential lien claimant, owner, and prime contractor in such form as may be prescribed by the lender, or the order of a court of competent jurisdiction.

(7) In the event a lender fails to abide by the provisions of *subsections (4) and (5) of this section, then the mortgage, deed of trust, or other encumbrance securing the lender shall be subordinated to the lien of the potential lien claimant to the extent of the interim or construction financing wrongfully disbursed, but in no event more than the amount stated in the notice plus costs as fixed by the court, including reasonable attorneys' fees.

(8) Any potential lien claimant shall be liable for any loss, cost, or expense, including reasonable attorneys' fees and statutory costs, to a party injured thereby arising out of any unjust, excessive, or premature notice filed under purported authority of this section. "Notice" as used in this subsection does not include notice given by a potential lien claimant of the right to claim liens under this chapter where no actual claim is made.

(9)(a) Any owner of real property subject to a notice to real property lender under this section, or the contractor, subcontractor, lender, or lien claimant who believes the claim that underlies the notice is frivolous and made without reasonable cause, or is clearly excessive may apply by motion to the superior court for the county where the property, or some part thereof is located, for an order commanding the potential lien claimant who issued the notice to the real property lender to appear before the court at a time no earlier than six nor later than fifteen days from the date of service of the application and order on the potential lien claimant, and show cause, if any he or she has, why the notice to real property lender should not be declared void. The motion shall state the grounds upon which relief is asked and shall be supported by the affidavit of the applicant or his or her attorney setting forth a concise statement of the facts upon which the motion is based.

(b) The order shall clearly state that if the potential lien claimant fails to appear at the time and place noted, the notice to lender shall be declared void and that the potential lien claimant issuing the notice shall be ordered to pay the costs requested by the applicant including reasonable attorneys' fees.

(c) The clerk of the court shall assign a cause number to the application and obtain from the applicant a filing fee of thirty-five dollars.

(d) If, following a hearing on the matter, the court determines that the claim upon which the notice to real property lender is based is frivolous and made without reasonable cause, or clearly excessive, the court shall issue an order declaring the notice to real property lender void if frivolous and made without reasonable cause, or reducing the amount stated in the notice if clearly excessive, and awarding costs and reasonable attorneys' fees to the applicant to be paid by the person who issued the notice. If the court determines that the claim underlying the notice to real property lender is not frivolous and was made with reasonable cause, and is not clearly excessive, the court shall issue an order so stating and awarding costs and reasonable attorneys' fees to the issuer of the notice to be paid by the applicant.

(e) Proceedings under this subsection shall not affect other rights and remedies available to the parties under this chapter or otherwise.

[1992 c 126 13; 1991 c 281 22.]

Notes: *Reviser's note: The reference to subsections (4) and (5) of this section appears to be erroneous. Engrossed Senate Bill No. 6441 changed the subsection numbers. Subsections (4) and (5) are now subsections (5) and (6).






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60.04.226
Financial encumbrances Priorities.
Except as otherwise provided in RCW 60.04.061 or 60.04.221, any mortgage or deed of trust shall be prior to all liens, mortgages, deeds of trust, and other encumbrances which have not been recorded prior to the recording of the mortgage or deed of trust to the extent of all sums secured by the mortgage or deed of trust regardless of when the same are disbursed or whether the disbursements are obligatory.


[1991 c 281 23.]




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60.04.230
Construction projects Notice to be posted by prime contractor Penalty.
(1) For any construction project costing more than five thousand dollars the prime contractor shall post in plain view for the duration of the construction project a legible notice at the construction job site containing the following:

(a) The legal description, or the tax parcel number assigned pursuant to RCW 84.40.160, and the street address if available, and may include any other identification of the construction site by the prime contractor;

(b) The property owner's name, address, and phone number;

(c) The prime contractor's business name, address, phone number, current state contractor registration number and identification; and

(d) Either:

(i) The name, address, and phone number of the office of the lender administering the interim construction financing, if any; or

(ii) The name and address of the firm that has issued a payment bond, if any, on behalf of the prime contractor for the protection of the owner if the bond is for an amount not less than fifty percent of the total amount of the construction project.

(2) For any construction project which requires a building permit under local ordinance, compliance with the posting requirements of RCW 19.27.095 shall constitute compliance with this section. Otherwise, the information shall be posted as set forth in this section.

(3) Failure to comply with this section shall subject the prime contractor to a civil penalty of not more than five thousand dollars, payable to the county where the project is located.


[1991 c 281 28; 1984 c 202 3.]




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60.04.250
Informational materials on construction lien laws Master documents.
The department of labor and industries shall prepare master documents that provide informational material about construction lien laws and available safeguards against real property lien claims. The material shall include methods of protection against lien claims, including obtaining lien release documents, performance bonds, joint payee checks, the opportunity to require contractor disclosure of all potential lien claimants as a condition of payment, and lender supervision under *RCW 60.04.200 and 60.04.210. The material shall also include sources of further information, including the department of labor and industries and the office of the attorney general.


[1990 c 81 1; 1988 c 270 1.]

Notes: *Reviser's note: RCW 60.04.200 and 60.04.210 were repealed by 1991 c 281 31, effective April 1, 1992.

Effective date -- 1988 c 270: "This act shall take effect July 1, 1989." [1988 c 270 4.]







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60.04.255
Informational materials on construction lien laws Copies Liability.
(1) Every real property lender shall provide a copy of the informational material described in RCW 60.04.250 to all persons obtaining loans, the proceeds of which are to be used for residential construction or residential repair or remodeling.

(2) Every contractor shall provide a copy of the informational material described in RCW 60.04.250 to customers required to receive contractor disclosure notice under RCW 18.27.114.

(3) No cause of action may lie against the state, a real property lender, or a contractor arising from the provisions of RCW 60.04.250 and this section.

(4) For the purpose of this section, "real property lender" means a bank, savings bank, savings and loan association, credit union, mortgage company, or other corporation, association, partnership, or individual that makes loans secured by real property in this state.


[1988 c 270 2.]

Notes: Effective date -- 1988 c 270: See note following RCW 60.04.250.






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60.04.261
Availability of information.
The prime contractor shall immediately supply the information listed in RCW 19.27.095(2) to any person who has contracted to supply materials, equipment, or professional services or who is a subcontractor on the improvement, as soon as the identity and mailing address of such subcontractor, supplier, or professional is made known to the prime contractor either directly or through another subcontractor, supplier, or professional.


[1991 c 281 24.]




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60.04.900
Liberal construction 1991 c 281.
RCW 19.27.095, 60.04.230, and 60.04.011 through 60.04.226 and 60.04.261 are to be liberally construed to provide security for all parties intended to be protected by their provisions.


[1991 c 281 25.]




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60.04.901
Captions not law 1991 c 281.
Section headings as used in this chapter do not constitute any part of the law.


[1991 c 281 26.]




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60.04.902
Effective date, application 1991 c 281.
This act shall take effect June 1, 1992. Lien claims based on an improvement commenced by a potential lien claimant on or after June 1, 1992, shall be governed by the provisions of this act.


[1992 c 126 14; 1991 c 281 32.]




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60.04.903
Effective date 1992 c 126.
This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect June 1, 1992, except section 14 of this act which shall take effect immediately [March 31, 1992].


[1992 c 126 15.]




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60.04.904
Application of chapter 281, Laws of 1991, to actions pending as of June 1, 1992 1993 c 357.
All rights acquired and liabilities incurred under acts or parts of act repealed by chapter 281, Laws of 1991, are hereby preserved, and all actions pending as of June 1, 1992, shall proceed under the law as it existed at the time chapter 281, Laws of 1991, took effect.


[1993 c 357 1.]

Notes: Retroactive application -- 1993 c 357: "This act is remedial in nature and shall be applied retroactively to June 1, 1992." [1993 c 357 2.]

Effective date -- 1993 c 357: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately [May 15, 1993]." [1993 c 357 3.]







 

MISCELLANEOUS 
KITSAP COUNTY LINKS

Kitsap County History

BEWARE OF POWERS OF evil  PERSUASION........
FROM THE OLALLA HISTORY ANNALS, 
A Story of Murder and Malice in the Woods of Kitsap County
Gregg Olsen's  Book
Starvation Heights
http://www.starvationheights.com/

THE LOG CABIN MUSEUM

LIST OF OTHER MUSEUMS IN KITSAP COUNTY