Washington Code 76.48.151 – Penalties — Affirmative defense
Current as of: 2023 | Check for updates
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(1) Except as provided in RCW 76.48.141, a person who violates a provision of this chapter is guilty of a gross misdemeanor punishable by a fine of not more than one thousand dollars, imprisonment in the county jail for up to three hundred sixty-four days, or by both a fine and imprisonment.
Attorney's Note
Under the Washington Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| gross misdemeanor | up to 364 days | up to $5,000 |
Terms Used In Washington Code 76.48.151
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- person: may be construed to include the United States, this state, or any state or territory, or any public or private corporation or limited liability company, as well as an individual. See Washington Code 1.16.080
(2) In any prosecution for a violation of this chapter’s requirements to obtain or possess a specialized forest products permit, true copy, bill of lading, authorization, or sales invoice, it is an affirmative defense, if established by the defendant by a preponderance of the evidence, that:
(a) The specialized forest products were harvested from the defendant’s own land; or
(b) The specialized forest products were harvested with the permission of the landowner.
[ 2011 c 96 § 56; 2009 c 245 § 16; 2007 c 392 § 1; 1995 c 366 § 13; 1977 ex.s. c 147 § 10; 1967 ex.s. c 47 § 14. Formerly RCW 76.48.130.]
NOTES:
Findings—Intent—2011 c 96: See note following RCW 9A.20.021.
Finding—Intent—2009 c 245: See note following RCW 76.48.011.
Severability—1995 c 366: See note following RCW 76.48.021.