(1) A person is guilty of criminal street gang tagging and graffiti if he or she commits malicious mischief in the third degree under RCW 9A.48.090(1)(b) and he or she:

Attorney's Note

Under the Washington Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
gross misdemeanorup to 364 daysup to $5,000
For details, see Wash. Rev. Code § 9A.20.021

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Terms Used In Washington Code 9A.48.105

  • 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
(a) Has multiple current convictions for malicious mischief in the third degree offenses under RCW 9A.48.090(1)(b); or
(b) Has previously been convicted for a malicious mischief in the third degree offense under RCW 9A.48.090(1)(b) or a comparable offense under a municipal code provision of any city or town; and
(c) The current offense or one of the current offenses is a “criminal street gang-related offense” as defined in RCW 9.94A.030.
(2) Criminal street gang tagging and graffiti is a gross misdemeanor offense.

NOTES:

SeverabilityPart headings, subheadings not law2008 c 276: See notes following RCW 36.28A.200.