Washington Code 9A.56.020 – Theft — Definition, defense
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(1) “Theft” means:
Terms Used In Washington Code 9A.56.020
- Appropriate lost or misdelivered property or services: means obtaining or exerting control over the property or services of another which the actor knows to have been lost or mislaid, or to have been delivered under a mistake as to identity of the recipient or as to the nature or amount of the property;
Washington Code 9A.56.010By color or aid of deception: means that the deception operated to bring about the obtaining of the property or services; it is not necessary that deception be the sole means of obtaining the property or services;
Washington Code 9A.56.010Services: includes , but is not limited to, labor, professional services, transportation services, electronic computer services, the supplying of hotel accommodations, restaurant services, entertainment, the supplying of equipment for use, and the supplying of commodities of a public utility nature such as gas, electricity, steam, and water;
Washington Code 9A.56.010Value: means the market value of the property or services at the time and in the approximate area of the criminal act. See Washington Code 9A.56.010
(a) To wrongfully obtain or exert unauthorized control over the property or services of another or the value thereof, with intent to deprive him or her of such property or services; or
(b) By color or aid of deception to obtain control over the property or services of another or the value thereof, with intent to deprive him or her of such property or services; or
(c) To appropriate lost or misdelivered property or services of another, or the value thereof, with intent to deprive him or her of such property or services.
(2) In any prosecution for theft, it shall be a sufficient defense that:
(a) The property or service was appropriated openly and avowedly under a claim of title made in good faith, even though the claim be untenable; or
(b) The property was merchandise pallets that were received by a pallet recycler or repairer in the ordinary course of its business.
[ 2004 c 122 § 1; 1975-’76 2nd ex.s. c 38 § 9; 1975 1st ex.s. c 260 § 9A.56.020.]
NOTES:
Effective date—Severability—1975-’76 2nd ex.s. c 38: See notes following RCW 9A.08.020.
Civil action for shoplifting by adults, minors: RCW 4.24.230.