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9A.83.020
Money laundering.
(1) A person is guilty of money laundering when that person conducts or attempts to conduct a financial transaction involving the proceeds of specified unlawful activity and: (a) Knows the property is proceeds of specified unlawful activity; or (b) Knows that the transaction is designed in whole or in part to conceal o...
9A.83.030
Seizure and forfeiture.(Effective until January 1, 2026.)
(1) Proceeds traceable to or derived from specified unlawful activity or a violation of RCW 9A.83.020 are subject to seizure and forfeiture. The attorney general or county prosecuting attorney may file a civil action for the forfeiture of proceeds. Unless otherwise provided for under this section, no property rights ex...
9A.83.040
Release from liability.
No liability is imposed by this chapter upon any authorized state, county, or municipal officer engaged in the lawful performance of his or her duties, or upon any person who reasonably believes that he or she is acting at the direction of such officer and that the officer is acting in the lawful performance of his or ...
9A.84.010
Criminal mischief.
(1) A person is guilty of the crime of criminal mischief 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,...
9A.84.020
Failure to disperse.
(1) A person is guilty of failure to disperse if: (a) He or she 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 or she refuses or fails to disperse when or...
9A.84.030
Disorderly conduct.
(1) A person is guilty of disorderly conduct if the person: (a) Uses abusive language and thereby intentionally creates a risk of assault; (b) Intentionally disrupts any lawful assembly or meeting of persons without lawful authority; (c) Intentionally obstructs vehicular or pedestrian traffic without lawful authority; ...
9A.84.040
False reporting.
(1) A person commits false reporting if, with knowledge that the information reported, conveyed, or circulated is false, he or she initiates or circulates a false report or warning of an alleged occurrence or impending occurrence knowing that such false report is likely to cause: Evacuation of a building, place of asse...
9A.86.010
Disclosing intimate images.
(1) A person commits the crime of disclosing intimate images when the person knowingly discloses an intimate image of another person and the person disclosing the image: (a) Obtained it under circumstances in which a reasonable person would know or understand that the image was to remain private; (b) Knows or should ha...
9A.86.020
Intimate images—Forfeiture by minors.
A minor who possesses any image of any other minor which constitutes an intimate image as defined in RCW 9A.86.010 or a fabricated intimate image as defined in RCW 9A.86.030 forfeits any right to continued possession of the image and any court exercising jurisdiction over such image shall order forfeiture of the image....
9A.86.030
Disclosing fabricated intimate images.
(1) A person commits the crime of disclosing fabricated intimate images when the person knowingly discloses a fabricated intimate image of another person and the person disclosing the image: (a) Knows or should have known that the depicted person has not consented to the disclosure; and (b) Knows or reasonably should k...
9A.88.010
Indecent exposure.
(1) A person is guilty of indecent exposure if he or she intentionally makes any open and obscene exposure of his or her person or the person of another knowing that such conduct is likely to cause reasonable affront or alarm. The act of breastfeeding or expressing breast milk is not indecent exposure. (2)(a) Except as...
9A.88.030
Prostitution.
(1) A person age eighteen or older is guilty of prostitution if such person engages or agrees or offers to engage in sexual conduct with another person in return for a fee. (2) For purposes of this section, "sexual conduct" means "sexual intercourse" or "sexual contact," both as defined in chapter 9A.44 RCW. (3) Prosti...
9A.88.040
Prosecution for prostitution under RCW9A.88.030—Affirmative defense.
In any prosecution for prostitution under RCW 9A.88.030 , it is an affirmative defense that the actor committed the offense as a result of being a victim of trafficking, RCW 9A.40.100 , promoting prostitution in the first degree, RCW 9A.88.070 , or trafficking in persons under the trafficking victims protection act of ...
9A.88.050
Prostitution—Sex of parties immaterial—No defense.
In any prosecution for prostitution, the sex of the two parties or prospective parties to the sexual conduct engaged in, contemplated, or solicited is immaterial, and it is no defense that: (1) Such persons were of the same sex; or (2) The person who received, agreed to receive, or solicited a fee was a male and the pe...
9A.88.060
Promoting prostitution—Definitions.
The following definitions are applicable in RCW 9A.88.070 through 9A.88.090 : (1) "Advances prostitution." A person "advances prostitution" if, acting other than as a prostitute or as a customer thereof, he or she causes or aids a person to commit or engage in prostitution, procures or solicits customers for prostituti...
9A.88.070
Promoting prostitution in the first degree.
(1) A person is guilty of promoting prostitution in the first degree if he or she knowingly advances prostitution: (a) By compelling a person by threat or force to engage in prostitution or profits from prostitution which results from such threat or force; or (b) By compelling a person with a mental incapacity or devel...
9A.88.080
Promoting prostitution in the second degree.
(1) A person is guilty of promoting prostitution in the second degree if he or she knowingly: (a) Profits from prostitution; or (b) Advances prostitution. (2) Promoting prostitution in the second degree is a class C felony. [ 2011 c 336 s 413 ; 1975 1st ex.s. c 260 s 9A.88.080 .]
9A.88.085
Promoting travel for prostitution.
(1) A person commits the offense of promoting travel for prostitution if the person knowingly sells or offers to sell travel services that include or facilitate travel for the purpose of engaging in what would be patronizing a prostitute or promoting prostitution, if occurring in the state. (2) For purposes of this sec...
9A.88.090
Permitting prostitution.
(1) A person is guilty of permitting prostitution if, having possession or control of premises which he or she knows are being used for prostitution purposes, he or she fails without lawful excuse to make reasonable effort to halt or abate such use. (2) Permitting prostitution is a misdemeanor. [ 2011 c 336 s 414 ; 197...
9A.88.110
Patronizing a prostitute.
(1) A person is guilty of patronizing a prostitute if: (a) Pursuant to a prior understanding, he or she pays a fee to another person as compensation for such person or a third person having engaged in sexual conduct with him or her; or (b) He or she pays or agrees to pay a fee to another person pursuant to an understan...
9A.88.120
Additional fee assessments.
(1)(a) In addition to penalties set forth in RCW 9A.88.010 and 9A.88.030 , an adult offender who is either convicted or given a deferred sentence or a deferred prosecution or who has entered into a statutory or nonstatutory diversion agreement as a result of an arrest for violating RCW 9A.88.010 , 9A.88.030 , or compar...
9A.88.130
Additional requirements.
(1) When sentencing or imposing conditions on a person convicted of, or receiving a deferred sentence or deferred prosecution for, violating RCW 9A.88.110 or 9.68A.100 , the court must impose a requirement that the offender: (a) Not be subsequently arrested for patronizing a prostitute or commercial sexual abuse of a m...
9A.88.140
Vehicle impoundment—Fees—Fines.
(1)(a) Upon an arrest for a suspected violation of patronizing a prostitute, promoting prostitution in the first degree, promoting prostitution in the second degree, promoting travel for prostitution, the arresting law enforcement officer may impound the person's vehicle if (i) the motor vehicle was used in the commiss...
9A.88.150
Seizure and forfeiture.(Effective until January 1, 2026.)
(1) The following are subject to seizure and forfeiture and no property right exists in them: (a) Any property or other interest acquired or maintained in violation of RCW 9.68A.100 , 9.68A.101 , or 9A.88.070 to the extent of the investment of funds, and any appreciation or income attributable to the investment, from a...
9A.88.160
Promoting prostitution in the first degree, second degree—Court appearance—No-contact orders—Entry of order into computer-based criminal intelligence information system.
(1) A defendant who is charged by citation, complaint, or information with an offense involving promoting prostitution in the first degree as described in RCW 9A.88.070 or promoting prostitution in the second degree as described in RCW 9A.88.080 and not arrested shall appear in court for arraignment or initial appearan...
9A.88.170
Promoting prostitution in the first degree, second degree—Court may prohibit defendant's contact with victim—No-contact orders—Issuance, termination, modification—Entry of order into computer-based criminal intelligence information system.
(1) Because of the likelihood of repeated harassment and intimidation directed at those who have been victims of promoting prostitution in the first degree under RCW 9A.88.070 or promoting prostitution in the second degree under RCW 9A.88.080 , before any defendant charged with or arrested, for a crime involving promot...
9A.88.180
Promoting prostitution in the first degree, second degree—Condition of sentence restricting contact—No-contact orders—Entry of order into computer-based criminal intelligence information system.
(1) If a defendant is found guilty of the crime of promoting prostitution in the first degree under RCW 9A.88.070 or promoting prostitution in the second degree under RCW 9A.88.080 , and a condition of the sentence restricts the defendant's ability to have contact with the victim or witnesses, the condition must be rec...
9A.88.190
Enforcement of rules restricting contact.
Any general authority Washington peace officer as defined in RCW 10.93.020 in this state may enforce this chapter as it relates to orders restricting the defendants' ability to have contact with the victim or others. [ 2017 c 230 s 6 .]
9A.88.200
Emergency assistance—Criminal immunity.
(1) A person acting in good faith who seeks emergency assistance for a victim of an offense included in subsection (4) of this section may not be charged or prosecuted for prostitution under RCW 9A.88.030 , or an equivalent municipal ordinance, if the evidence for the charge of prostitution was obtained as a result of ...
9A.90.010
Findings—Intent—2016 c 164.
The legislature finds that the rapid pace of technological change and information computerization in the digital age generates a never ending sequence of anxiety inducing reports highlighting how the latest device or innovation is being used to harm consumers. The legislature finds that this generates an ongoing patter...
9A.90.020
Short title—2016 c 164.
This act may be known and cited as the Washington cybercrime act. [ 2016 c 164 s 2 .]
9A.90.030
Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Access" means to gain entry to, instruct, communicate with, store data in, retrieve data from, or otherwise make use of any resources of electronic data, data network, or data system, including via electron...
9A.90.040
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 database of another; and (a) The access is made with the intent to commit another crime in violation of a state law not included in this chapter; or (b) The...
9A.90.050
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 database of another under circumstances not constituting the offense in the first degree. (2) Computer trespass in the second degree is a gross misdemeanor...
9A.90.060
Electronic data service interference.
(1) A person is guilty of electronic data service interference if the person maliciously and without authorization causes the transmission of data, data program, or other electronic command that intentionally interrupts or suspends access to or use of a data network or data service. (2) Electronic data service interfer...
9A.90.070
Spoofing.
(1) A person is guilty of spoofing if he or she, without authorization, knowingly initiates the transmission, display, or receipt of the identifying information of another organization or person for the purpose of gaining unauthorized access to electronic data, a data system, or a data network, and with the intent to c...
9A.90.080
Electronic data tampering in the first degree.
(1) A person is guilty of electronic data tampering in the first degree if he or she maliciously and without authorization: (a)(i) Alters data as it transmits between two data systems over an open or unsecure network; or (ii) Introduces any malware into any electronic data, data system, or data network; and (b)(i) Doin...
9A.90.090
Electronic data tampering in the second degree.
(1) A person is guilty of electronic data tampering in the second degree if he or she maliciously and without authorization: (a) Alters data as it transmits between two data systems over an open or unsecure network under circumstances not constituting the offense in the first degree; or (b) Introduces any malware into ...
9A.90.100
Electronic data theft.
(1) A person is guilty of electronic data theft if he or she intentionally, without authorization, and without reasonable grounds to believe that he or she has such authorization, obtains any electronic data with the intent to: (a) Devise or execute any scheme to defraud, deceive, extort, or commit any other crime in v...
9A.90.110
Commission of other crime.
A person who, in the commission of a crime under this chapter, commits any other crime may be punished for that other crime as well as for the crime under this chapter and may be prosecuted for each crime separately. [ 2016 c 164 s 11 .]
9A.90.120
Cyber harassment.
(1) A person is guilty of cyber harassment if the person, with intent to harass or intimidate any other person, and under circumstances not constituting telephone harassment, makes an electronic communication to that person or a third party and the communication: (a)(i) Uses any lewd, lascivious, indecent, or obscene w...
9A.98.010
Acts or parts of acts repealed.
See 1975 1st ex.s. c 260 s 9A.92.010 .
9A.98.020
Savings clause.
The laws repealed by RCW 9A.98.010 are repealed except with respect to rights and duties which matured, penalties which were incurred, and proceedings which were begun before July 1, 1976. [ 1975 1st ex.s. c 260 s 9A.92.020 .]
10.01.030
Pleadings—Forms abolished.
All the forms of pleading in criminal actions heretofore existing, are abolished; and hereafter, the forms of pleading, and the rules by which the sufficiency of pleadings is to be determined, are those prescribed herein. [Code 1881 s 1002; 1873 p 224 s 185 ; 1869 p 240 s 180 ; RRS s 2022.]
10.01.040
Statutes—Repeal or amendment—Saving clause presumed.
No offense committed and no penalty or forfeiture incurred previous to the time when any statutory provision shall be repealed, whether such repeal be express or implied, shall be affected by such repeal, unless a contrary intention is expressly declared in the repealing act, and no prosecution for any offense, or for ...
10.01.050
Convictions—Necessary before punishment.
No person charged with any offense against the law shall be punished for such offense, unless he or she shall have been duly and legally convicted thereof in a court having competent jurisdiction of the case and of the person. [ 2010 c 8 s 1001 ; Code 1881 s 770; 1854 p 76 s 6 ; RRS s 2118.]
10.01.060
Conviction—Requisites—Waiver of jury trial.
No person informed against or indicted for a crime shall be convicted thereof, unless by admitting the truth of the charge in his or her plea, by confession in open court, or by the verdict of a jury, accepted and recorded by the court: PROVIDED HOWEVER, That except in capital cases, where the person informed against o...
10.01.070
Entities—Amenable to criminal process—How.
(1) Whenever an indictment or information shall be filed in any superior court against an entity charging it with the commission of a crime, a summons shall be issued by the clerk of such court, signed by one of the judges thereof, commanding the sheriff forthwith to notify the accused thereof, and commanding it to app...
10.01.090
Entities—Judgment against.
(1) An entity convicted of an offense may be ordered to pay legal financial obligations, including restitution, crime victims' assessments, costs, fines, penalties, and other assessments authorized or required by law. Legal financial obligations imposed upon an entity shall be entered and docketed by the clerk, or dist...
10.01.100
Entities—Fines.
(1) When imposed on an entity for any criminal offense for which no special business fine is specified, a sentence to pay a fine may not exceed: (a) One million dollars for a class A felony; (b) Seven hundred fifty thousand dollars for a class B felony; (c) Five hundred thousand dollars for a class C felony; (d) Two hu...
10.01.120
Pardons—Reprieves—Commutations.
Whenever a prisoner has been sentenced to death, the governor shall have power to commute such sentence to imprisonment for life at hard labor; and in all cases in which the governor is authorized to grant pardons or commute sentence of death, he or she may, upon the petition of the person convicted, commute a sentence...
10.01.130
Witnesses' fees.
No fees shall be allowed to witnesses in criminal causes unless they shall have reported their attendance at the close of each day's session to the clerk in attendance thereon. [ 1895 c 10 s 1 ; RRS s 498, part. FORMER PART OF SECTION: 1895 c 10 s 2 ; RRS s 498, part, now codified as RCW 10.01.140 .] Rules of court: Cf...
10.01.140
Mileage allowance—Jurors—Witnesses.
No allowance of mileage shall be made to a juror or witness who has not verified his or her claim of mileage under oath before the clerk of the court on which he or she is in attendance. [ 2010 c 8 s 1004 ; 1895 c 10 s 2 ; RRS s 498, part. Formerly RCW 10.01.130 , part.]
10.01.150
Charges arising from official acts of state officers or employees—Defense by attorney general.
Whenever a state officer or employee is charged with a criminal offense arising out of the performance of an official act which was fully in conformity with established written rules, policies, and guidelines of the state or state agency, the employing agency may request the attorney general to defend the officer or em...
10.01.160
Costs—What constitutes—Payment by defendant—Procedure—Remission—Medical or mental health treatment or services.
(1) Except as provided in subsection (3) of this section, the court may require a defendant to pay costs. Costs may be imposed only upon a convicted defendant, except for costs imposed upon a defendant's entry into a deferred prosecution program, costs imposed upon a defendant for pretrial supervision, or costs imposed...
10.01.170
Fine or costs—Payment within specified time or installments—Payment priority order.
(1) When a defendant is sentenced to pay fines, penalties, assessments, fees, restitution, or costs, the court may grant permission for payment to be made within a specified period of time or in specified installments. If the court finds that the defendant is indigent as defined in RCW 10.01.160 (3), the court shall gr...
10.01.180
Fine or costs—Default in payment—Contempt of court—Enforcement, collection procedures.
(1) A defendant sentenced to pay any fine, penalty, assessment, fee, or costs who willfully defaults in the payment thereof or of any installment is in contempt of court as provided in chapter 7.21 RCW. The court may issue a warrant of arrest for his or her appearance. (2) When any fine, penalty, assessment, fee, or as...
10.01.185
Remission of fines.
A defendant who has been ordered to pay fines and who has not willfully failed to pay the obligation, as described in RCW 9.94A.6333 , 9.94B.040 , and 10.01.180 , may at any time petition the sentencing court for remission of the payment of fines or of any unpaid portion thereof. If it appears to the satisfaction of th...
10.01.190
Prosecutorial powers of attorney general.
In any criminal proceeding instituted or conducted by the attorney general, the attorney general and assistants are deemed to be prosecuting attorneys and have all prosecutorial powers vested in prosecuting attorneys of the state of Washington by statute or court rule. [ 1981 c 335 s 4 .] Purpose — 1981 c 335: See RCW ...
10.01.200
Registration of sex offenders and kidnapping offenders—Notice to defendants.
The court shall provide written notification to any defendant charged with a sex offense or kidnapping offense of the registration requirements of RCW 9A.44.130 . Such notice shall be included on any guilty plea forms and judgment and sentence forms provided to the defendant. [ 1997 c 113 s 5 ; 1990 c 3 s 404 .] Revise...
10.01.210
Offender notification and warning.
Any and all law enforcement agencies and personnel, criminal justice attorneys, sentencing judges, and state and local correctional facilities and personnel may, but are not required to, give any and all offenders either written or oral notice, or both, of the sanctions imposed and criminal justice changes regarding ar...
10.01.220
City attorney, county prosecutor, or other prosecuting authority—Filing a criminal charge—Contribution, donation, payment.
A city attorney, county prosecutor, or other prosecuting authority may not dismiss, amend, or agree not to file a criminal charge in exchange for a contribution, donation, or payment to any person, corporation, or organization. This does not prohibit: (1) Contribution, donation, or payment to any specific fund authoriz...
10.01.230
Victim impact panel registry—Panel minimum standards.
(1) The Washington traffic safety commission may develop and maintain a registry of qualified victim impact panels. When imposing a requirement that an offender attend a victim impact panel under RCW 46.61.5152 , the court may refer the offender to a victim impact panel that is listed in the registry. The Washington tr...
10.01.240
Domestic violence proceedings—Duty to specify whether intimate partners or family or household members.
Whenever a prosecutor, or the attorney general or assistants acting pursuant to RCW 10.01.190 , institutes or conducts a criminal proceeding involving domestic violence as defined in RCW 10.99.020 , the prosecutor, or attorney general or assistants, shall specify whether the victim and defendant are intimate partners o...
10.04.020
Arrest—Offense committed in view of district judge.
When any offense is committed in view of any district judge, the judge may, by verbal direction to any deputy, or if no deputy is present, to any citizen, cause such deputy or citizen to arrest such offender, and keep such offender in custody for the space of one hour, unless such offender shall sooner be taken from su...
10.04.040
Cash bail in lieu of recognizance.
District courts or committing magistrates may accept money as bail from persons charged with bailable offenses, and for the appearance of witnesses in all cases provided by law for the recognizance of witnesses. The amount of such bail or recognizance in each case shall be determined by the court in its discretion, and...
10.04.050
Jury—If demanded.
In all trials for offenses within the jurisdiction of a district judge, the defendant or the state may demand a jury, which shall consist of six, or a less number, agreed upon by the state and accused, to be impaneled and sworn as in civil cases; or the trial may be by the judge. When the complaint is for a crime or mi...
10.04.070
Plea of guilty.
The defendant may plead guilty to any offense charged. [Code 1881 s 1892; 1873 p 383 s 190 ; 1854 p 260 s 174, part; RRS s 1929.]
10.04.100
Verdict of guilty—Proceedings upon.
The judge, if the prisoner is found guilty, shall assess the prisoner's punishment; or if, in the judge's opinion, the punishment the judge is authorized to assess is not adequate to the offense, he or she may so find, and in such case the judge shall order such defendant to enter recognizance to appear in the superior...
10.04.101
Assessment of punishment by courts organized under 1961 justice of the peace act.
See RCW 3.66.065 .
10.04.110
Judgment—Entry—Execution—Remittance of district court fines, etc.
In all cases of conviction, unless otherwise provided in this chapter, the judge shall enter judgment for the fine and costs against the defendant, and may commit him or her to jail until the amount of such fine and costs owing are paid, or the payment thereof be secured as provided by RCW 10.04.120 . The amount of suc...
10.04.120
Stay of execution.
Every defendant may stay the execution for the fine and costs for thirty days, by procuring sufficient sureties, to be approved by the district judge, to enter into recognizance before the district judge for the payment of the fine and costs; the entry of such recognizance shall be made on the docket of the district ju...
10.04.800
Proposed forms for criminal actions.
The district and municipal court judges' association may propose to the supreme court suggested forms for criminal actions for inclusion in the justice court criminal rules. [ 1994 c 32 s 6 ; 1987 c 202 s 155 .] Rules of court: CrRLJ 2.1, 4.2. Intent — 1987 c 202: See note following RCW 2.04.190 .
10.05.010
Petition—Eligibility.(Effective until January 1, 2026.)
(1) In a court of limited jurisdiction a person charged with a misdemeanor or gross misdemeanor may petition the court to be considered for a deferred prosecution program. The petition shall be filed with the court at least seven days before the date set for trial but, upon a written motion and affidavit establishing g...
10.05.015
Statement of availability.(Effective until January 1, 2026.)
At the time of arraignment a person charged with a violation of RCW 46.61.502 or 46.61.504 or a misdemeanor or gross misdemeanor domestic violence offense may be given a statement by the court that explains the availability, operation, and effects of the deferred prosecution program. [ 2019 c 263 s 702 ; 1985 c 352 s 5...
10.05.020
Requirements of petition—Rights of petitioner—Court findings.(Effective until January 1, 2026.)
(1) Except as provided in subsection (2) of this section, the petitioner shall allege under oath in the petition that the wrongful conduct charged is the result of or caused by substance use disorders or mental problems or domestic violence behavior problems for which the person is in need of treatment and unless treat...
10.05.030
Arraignment continued—Treatment referral.(Effective until January 1, 2026.)
The arraigning judge upon consideration of the petition may continue the arraignment and refer such person for a diagnostic investigation and evaluation to: (1) An approved substance use disorder treatment program as designated in chapter 71.24 RCW if the petition alleges a substance use disorder; (2) An approved menta...
10.05.040
Investigation and examination.(Effective until January 1, 2026.)
The program to which such person is referred, or the department of social and health services if the petition is brought under RCW 10.05.020 (2), shall conduct an investigation and examination to determine: (1) Whether the person suffers from the problem described; (2) Whether the problem is such that if not treated, o...
10.05.050
Report to court—Recommended treatment plan—Commitment to provide treatment.(Effective until January 1, 2026.)
(1) The program, or the department of social and health services if the petition is brought under RCW 10.05.020 (2), shall make a written report to the court stating its findings and recommendations after the examination required by RCW 10.05.040 . If its findings and recommendations support treatment or the implementa...
10.05.055
Child welfare services.
Child welfare services provided under chapter 74.13 RCW pursuant to a deferred prosecution ordered under RCW 10.05.060 may not be construed to prohibit the department from providing services or undertaking proceedings pursuant to chapter 13.34 or 26.44 RCW. [ 2002 c 219 s 12 .] Intent — Finding — 2002 c 219: See note f...
10.05.060
Procedure upon approval of plan.(Effective until January 1, 2026.)
If the report recommends treatment, the court shall examine the treatment plan. If it approves the plan and the petitioner agrees to comply with its terms and conditions and agrees to pay the cost thereof, if able to do so, or arrange for the treatment, an entry shall be made upon the person's court docket showing that...
10.05.070
Arraignment when treatment rejected.
When treatment is either not recommended or not approved by the judge, or the petitioner declines to accept the treatment plan, the petitioner shall be arraigned on the charge. [ 1985 c 352 s 10 ; 1975 1st ex.s. c 244 s 7 .] Legislative finding — Severability — 1985 c 352: See notes following RCW 10.05.010 .
10.05.080
Evidence, uses and admissibility.
If the petition is not approved or is withdrawn before approval, evidence pertaining to or resulting from the petition and/or investigation is inadmissible in any trial on the charges, but shall be available for use after a conviction in determining a sentence. [ 1985 c 352 s 11 ; 1975 1st ex.s. c 244 s 8 .] Legislativ...
10.05.090
Procedure upon breach of treatment plan.(Effective until January 1, 2026.)
If a petitioner, who has been accepted for a deferred prosecution, fails or neglects to carry out and fulfill any term or condition of the petitioner's treatment plan or any term or condition imposed in connection with the installation of an interlock or other device under RCW 46.20.720 , the facility, center, institut...
10.05.100
Conviction of similar offense.(Effective until January 1, 2026.)
If a petitioner is subsequently convicted of a similar offense that was committed while the petitioner was in a deferred prosecution program, upon notice the court shall remove the petitioner's docket from the deferred prosecution file and the court shall enter judgment pursuant to RCW 10.05.020 . [ 1998 c 208 s 2 ; 19...
10.05.110
Trial delay not grounds for dismissal.
Delay in bringing a case to trial caused by a petitioner requesting deferred prosecution as provided for in this chapter shall not be grounds for dismissal. [ 1985 c 352 s 14 ; 1975 1st ex.s. c 244 s 11 .] Legislative finding — Severability — 1985 c 352: See notes following RCW 10.05.010 .
10.05.120
Dismissal of charges.(Effective until January 1, 2026.)
(1) Three years after receiving proof of successful completion of the two-year treatment program, and following proof to the court that the petitioner has complied with the conditions imposed by the court following successful completion of the two-year treatment program, but not before five years following entry of the...
10.05.130
Services provided for indigent defendants.
Funds shall be appropriated from the fines and forfeitures of the court to provide investigation, examination, report and treatment plan for any indigent person who is unable to pay the cost of any program of treatment. [ 1975 1st ex.s. c 244 s 13 .]
10.05.140
Conditions of granting.(Effective until January 1, 2026.)
(1) As a condition of granting a deferred prosecution petition, the court shall order that the petitioner shall not operate a motor vehicle upon the public highways without a valid operator's license and proof of liability insurance. The amount of liability insurance shall be established by the court at not less than t...
10.05.150
Alcoholism program requirements.(Effective until January 1, 2026.)
A deferred prosecution program for alcoholism shall be for a two-year period and shall include, but not be limited to, the following requirements: (1) Total abstinence from alcohol and all other nonprescribed mind-altering drugs; (2) Participation in an intensive inpatient or intensive outpatient program in a state-app...
10.05.155
Deferred prosecution program for domestic violence behavior—Requirements.(Effective until January 1, 2026.)
A deferred prosecution program for domestic violence behavior, or domestic violence co-occurring with substance abuse or mental health, must include, but is not limited to, the following requirements: (1) Completion of a risk assessment; (2) Participation in the level of treatment recommended by the program as outlined...
10.05.157
Deferred prosecution—Mental health disorder.(Effective January 1, 2026.)
A deferred prosecution for mental health disorder where the wrongful conduct did not involve, and was not caused by, alcohol, drugs, or a substance use disorder, shall include treatment recommended by a state-approved mental health provider. [ 2024 c 306 s 24 .] Effective date — 2024 c 306: See note following RCW 9.94A...
10.05.160
Appeal of deferred prosecution order.
The prosecutor may appeal an order granting deferred prosecution on any or all of the following grounds: (1) Prior deferred prosecution has been granted to the defendant; (2) For a present petition alleging a domestic violence behavior problem, a prior stipulated order of continuance has been granted to the defendant; ...
10.05.170
Supervision as condition—Levy of assessment.(Effective until January 1, 2026.)
As a condition of granting deferred prosecution, the court may order supervision of the petitioner during the period of deferral and may levy a monthly assessment upon the petitioner as provided in RCW 10.64.120 . In a jurisdiction with a probation department, the court may appoint the probation department to supervise...
10.05.180
Failure to register vehicle, aircraft, or vessel—Deferral program—Exception—Fines.
(1) Any county may set up a deferral program for persons who receive a citation for failing to register a vehicle, aircraft, or vessel under RCW 46.16A.030 , 47.68.255 , or 88.02.400 . Under the deferral program: (a) If the person has received a criminal citation for failure to register a vehicle under RCW 46.16A.030 ,...
10.05.190
Deferred finding program—Failure to register vehicle, aircraft, or vessel.
Any county may set up a deferred finding program for persons who receive a citation for failing to register a vehicle under RCW 46.16A.030 , an aircraft under RCW 47.68.255 , or a vessel under RCW 88.02.400 . Upon receipt of proof satisfactory to the prosecuting attorney's office with jurisdiction over the offense, whi...
10.10.010
Court rules.
Every person convicted before a district judge of any offense may appeal from the judgment as provided by court rules. [ 1987 c 202 s 156 ; 1891 c 29 s 6, part; RRS s 1919, part. Prior: Code 1881 s 1898, part; 1877 p 203 s 7, part; 1873 p 384 s 196, part; 1854 p 261 s 177 . Formerly RCW 10.10.010 , 10.10.020 , and 10.1...
10.10.060
Appeal—Costs—Default.
The appellant in a criminal action shall not be required to advance any fees in claiming his or her appeal nor in prosecuting the same; but if convicted in the appellate court, or if sentenced for failing to prosecute his or her appeal, he or she may be required as a part of the sentence to pay the costs of the prosecu...
10.16.080
Discharge of defendant—Frivolous complaints.
If it should appear upon the whole examination that no offense has been committed, or that there is not probable cause for charging the defendant with an offense, he or she shall be discharged, and if in the opinion of the magistrate, the complaint was malicious, or without probable cause, and there was no reasonable g...
10.16.100
Abstract of costs forwarded with transcript.
In all cases where any magistrate shall order a defendant to recognize for his or her appearance before a district or superior court, the magistrate shall forward with the papers in the case, an abstract of the costs that have accrued in the case, and such costs shall be subject to the final determination of the case. ...