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2004 Charging Manual

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2004 Charging Manual CHARGING MANUAL Prepared by Pamela B. Loginsky Staff Attorney Washington Association of Prosecuting Attorneys 206 10th Avenue S.E. Olympia, WA 98501 (360) 753-2175 TABLE OF CONTENTS I. CHARGING DOCUMENT BASICS ............................................2 A. VENUE .........................................................4 B. DATE OF OFFENSE ...............................................5 C. ELEMENTS ......................................................6 1. Alternative Means .............................................7 D. CRIME CLASSES AND MAXIMUM PENALTIES .....................12 1. For Crimes Contained in Title 9A RCW .........................12 2. For Crimes Outside of Title 9A RCW Where the Crime Class Is Not Provided ..................................................12 3. Persistent Offender ..........................................13 II. SPECIAL ISSUES ........................................................15 A. LESSER INCLUDED OFFENSES AND LESSER DEGREE OFFENSES ....15 1. Legal Prong ...............................................15 2. Factual Prong ..............................................21 3. Statute of Limitations ........................................21 4. Acquittal on Greater Charge ..................................21 B. SPECIFIC vs. GENERAL CRIMES ..................................22 C. PRINCIPLES OF LIABILITY: ACCOMPLICE, ATTEMPT, SOLICITATION AND CONSPIRACY ..................................................25 1. Accomplice Liability RCW 9A.08.020 ..........................25 2. Attempt RCW 9A.28.020 and RCW 69.50.407 ...................25 3. Conspiracy RCW 9A.28.040 and RCW 69.50.407 .................27 4. Solicitation 9A.28.030 .......................................29 D. ELEMENT OR SENTENCING FACTOR .............................31 E. ENHANCEMENTS AND SPECIAL ALLEGATIONS ...................33 1. Deadly Weapon Enhancements ..................................33 a. Firearms ............................................35 i. Class A Felonies ...............................35 ii. Class B Felonies ................................35 iii. Class C Felonies ................................36 July 2004 Edition i b. Non-Firearm Deadly Weapons ..........................36 i. Class A Felonies ...............................36 ii. Class B Felonies ................................37 iii. Class C Felonies ................................37 2. Enhancements for Drug Cases .................................38 a. Public Place .........................................38 b. Child on Premises ....................................39 c. County Jail or State Correctional Facility ..................39 3. Domestic Violence Allegation: RCW 10.99.020 ...................40 4. Sexual Motivation Allegation .................................41 III. CHARGING LANGUAGE ..................................................43 ALCOHOL, TOBACCO AND GAMBLING .................................43 ALCOHOL ......................................................43 GAMBLING ....................................................53 TOBACCO .....................................................60 ANIMALS ............................................................67 CRUELTY ......................................................67 DANGEROUS DOGS .............................................68 FIGHTING ......................................................70 LIVESTOCK ....................................................71 POLICE DOGS AND HORSES .....................................73 RESEARCH FACILITIES ..........................................74 SERVICE ANIMALS .............................................78 ARSON, RECKLESS BURNING AND OTHER FIRE RELATED OFFENSES .....83 ARSON ........................................................83 RECKLESS BURNING ...........................................84 MISCELLANEOUS FIRE RELATED OFFENSES ......................85 ASSAULT, DRIVE-BY SHOOTING, AND RECKLESS ENDANGERMENT ......89 ASSAULT ......................................................89 Assault in the First Degree ....................................89 Assault in the Second Degree .................................91 Assault in the Third Degree ...................................98 Assault in the Fourth Degree .................................100 Custodial Assault ..........................................101 Assault of a Child in the First Degree ..........................102 Assault of a Child in the Second Degree ........................105 Assault of a Child in the Third Degree .........................108 DRIVE-BY SHOOTING ..........................................108 RECKLESS ENDANGERMENT ...................................109 July 2004 Edition ii BAIL JUMPING, FUGITIVE FROM JUSTICE, RESISTING ARREST, ESCAPE, AND PRISON CRIMES ...............................................111 BAIL JUMPING ................................................111 FUGITIVE FROM JUSTICE ......................................117 RESISTING ARREST ............................................118 ESCAPE .......................................................118 PRISON OFFENSES .............................................127 BOATING AND OTHER RECREATIONAL VEHICLES AND ACTIVITIES .....133 AIRPLANES ...................................................133 BOATING .....................................................134 NONHIGHWAY VEHICLES ......................................138 PERSONAL WATERCRAFT ......................................139 SNOWMOBILING ..............................................141 SNOW SKIING .................................................142 WATER SKIING ................................................143 WHITEWATER RAFTING .......................................143 BOMBS, EXPLOSIVES, AND FIREWORKS ...............................147 BOMBS AND EXPLOSIVES ......................................147 FIREWORKS ..................................................152 BURGLARY, COMPUTER TRESPASS, TRESPASS AND VEHICLE PROWL ...............................................159 BURGLARY ...................................................159 BURGLARY TOOLS ............................................160 CRIMINAL TRESPASS ..........................................160 COMPUTER TRESPASS .........................................161 VEHICLE PROWLING ...........................................162 BUSINESS AND PROFESSIONAL LICENSING CRIMES ....................163 ACCOUNTING AND BANK OFFENSES ............................163 ATHLETIC AGENTS ............................................165 AUTOMOBILE AND OTHER VEHICLES ...........................169 Automobile Dealer .........................................169 For Hire Vehicles and Limousines .............................170 Tow Trucks ..............................................171 Wrecking Vehicles .........................................171 BAIL BOND AGENTS ...........................................173 BUILDING, ARCHITECTURE, LANDSCAPING AND RELATED FIELDS 175 Architecture ..............................................175 Contracting ...............................................175 Engineers and Land Surveyors ................................177 Plumbers ................................................178 Water Well Construction ....................................179 Wastewater Treatment Systems ..............................179 July 2004 Edition iii CHARITABLE AND TELEPHONE SOLICITATIONS .................180 CHECK CASHERS, CHECK SELLERS, AND MAKERS OF SMALL LOANS ........................................................181 COLLECTION AGENCIES AND DEBT ADJUSTING .................185 DAY CARE, BOARDING HOMES, NURSING HOMES, AND ADULT FAMILY HOMES .................................................188 EMPLOYMENT AGENCIES ......................................189 ESCROW AGENTS .............................................190 FUNERAL DIRECTORS AND EMBALMERS ........................190 GENERAL BUSINESS ...........................................192 HEALTH PROFESSIONALS ......................................197 Alternative Medicine Practitioners ............................197 Dental Care ..............................................199 Eye Care .................................................201 Hearing and Speech Services .................................201 Medical Equipment ........................................202 Medical Transport .........................................203 Midwifery ................................................203 Occupational and Physical Therapy ............................204 Nurses ..................................................204 Pharmacists ..............................................205 Physicians ................................................209 Psychology ...............................................210 Respiratory Care ..........................................211 IMMIGRATION ASSISTANTS ....................................211 INSURANCE ...................................................213 INVESTMENTS AND SECURITIES ................................215 LAW .........................................................217 MONEY TRANSMISSION AND CURRENCY EXCHANGES ...........219 MORTGAGE BROKERS, APPRAISERS, AND REALTORS ............221 Mortgage Brokers .........................................221 Appraisers ...............................................222 Realtors .................................................222 NOTARY PUBLIC ..............................................222 PAWN BROKERS AND SECOND HAND DEALERS .................223 PRIVATE INVESTIGATORS AND SECURITY GUARDS ..............224
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