Theft in the second degree washington state. [ 2017 c 266 s 11; 2013 c 322 s 3; 2012 c 233 s 3; .
Theft in the second degree washington state 15 (Organized Retail Theft—Second Degree—Possession of Stolen Property With Accomplice—Elements), WPIC 71. Theft in the Second Degree is not charged in cases of theft of a motor vehicle, or theft of a firearm, those are encompassed by other charges . Theft in the first degree is the most serious categorization and may be charged as a class B felony offense in Washington. Convictions can lead to up to 10 years in prison and fines as high as RCW 9A. Possessing Stolen Property in the 2nd Degree : Washington law classifies theft into three categories: first-degree, second-degree, and third-degree theft. 3d 952 (2012). 350(4), whenever any series of transactions which constitute theft, would, when considered separately, constitute theft in the third degree because of value, and said series of transactions are a part of a criminal episode or a common scheme or plan, then the transactions may be aggregated in one count and the sum of the value of all said (2)(a) A person is guilty of theft from a vulnerable adult in the second degree if he or she commits theft of property or services that exceed(s) seven hundred fifty dollars in value but does not exceed five thousand dollars in value, other than a firearm as defined in RCW 9. 00 and $5,000. Use this instruction for organized retail theft in the second degree when the only alternative means charged is theft with a cumulative value of over $750. 010 A theft offense is classified as theft in the second degree if the value of the property or services stolen exceeds $750 but is less than $5,000. 41. 010 or a motor vehicle, of a vulnerable adult. 010 or a motor vehicle; Mail theft — Possession of stolen mail — Commission of other crime. 00. For organized retail theft in the second degree cases charged under other alternatives, do not use this instruction. 400 , a person is guilty of theft in the second degree if he or she commits theft of: (a) Property or services which exceed(s) seven hundred fifty dollars in value but does not exceed five thousand dollars in value, other than a firearm as defined in RCW 9. 040 Theft in the second degree. A person commits the crime of robbery [in the second degree] when he or she unlawfully and with intent to commit theft thereof takes personal property from the person [or in the presence] of another and the taking was against that person's will by the use or threatened use of immediate force, violence, or fear of injury to that person [or to that person's property] [or to the person or (c) Except as provided in RCW 9A. 56. 00 fine on a first offense. 400: Theft from a vulnerable adult in the first degree — Theft from a vulnerable adult in the second degree. Mar 13, 2024 · Here is a list of Common Washington Theft Offenses: Read more about a charge by clicking on it below: Theft: Theft in the Third Degree. Identity theft in the second degree is a class C felony punishable according to chapter 9A. (4) For purposes of this section, a series of thefts committed by the same person from one or more mercantile establishments over a period of one hundred eighty days may be aggregated in one count and the sum of the value of all the property shall be the value considered in Possessing Stolen Property in the 1st Degree is a Class B Felony punishable by a maximum of 10 years in jail and a $20,000 fine. 040, Theft in the Second Degree is charged in cases where the alleged theft is is valued at between $750. 040 - Theft in the second degree (1) Except as provided in RCW 9A. 918, 271 P. For second degree theft cases involving metal property, use WPIC 70. 010 or a motor vehicle; Section 9A. 02 (Theft—Second Degree—Metal Property—Elements) instead of this instruction. Third Degree Theft (aka Theft 3) is a gross misdemeanor. Steve Bergquist Washington State Use this instruction for second degree theft cases that are charged as involving access devices or public records. State v. 00 RCW 9A. com Both First and Second-Degree Theft (aka Theft 1 and Theft 2) are felony offenses. (6)(a) A series of thefts committed by the same person from one or more mercantile establishments over a period of one hundred eighty days may be aggregated in one count and the sum of the value of all the property shall be the value considered in determining the degree of the retail theft with special circumstances involved. 010 or a motor vehicle; Nov 10, 2021 · A burglary charge in Washington state is a serious situation. 400, a person is guilty of theft in the second degree if he or she commits theft of: (a) Property or services which exceed(s) seven hundred fifty dollars in value but does not exceed five thousand dollars in value, Third degree theft is not a lesser included offense of second degree identity theft. 020. Each carries different potential penalties: Theft in the First Degree: This is considered a Class B felony and applies when the value of the stolen item exceeds $5,000. First-Degree Theft (RCW §9A. App. 350(4), whenever any series of transactions which constitute theft, would, when considered separately, constitute theft in the third degree because of value, and said series of transactions are a part of a criminal episode or a common scheme or plan, then the transactions may be aggregated in one count and the sum of the value of all said Organized retail theft in the second degree is a class C felony. Theft in the First Degree. 06 (Theft—Second Degree—Value of Property—Elements) instead of this instruction. (3) A person is guilty of identity theft in the second degree when he or she violates subsection (1) of this section under circumstances not amounting to identity theft in the first degree. 06. A defendant may be at risk of facing a maximum of 10 years in prison and a fine of up to $20,000 if convicted of first degree theft. The theft of an access device, such as a card, code, or other form of account access, is also considered theft of the 2 nd degree. Mar 13, 2024 · THEFT IN THE SECOND DEGREE Definition of Theft in the Second Degree. Theft 2 nd Degree (Second Degree): Theft in the Second degree involves depriving another of their property or money in an amount between $750. Under RCW 9A. (1) A person is guilty of theft in the third degree if he or she commits theft of property or services which (a) does not exceed seven hundred fifty dollars in value, or (b) includes ten or more merchandise pallets, or ten or more beverage crates, or a combination of ten or more merchandise pallets and beverage crates. Taking a Motor Vehicle without Permission (in the First or Second Degree) Possession of Stolen Vehicle Instead, use as appropriate WPIC 71. But see RCW 9A. Theft in the Third Degree carries a penalty of up to a year in jail and a $5,000. (1) Except as provided in RCW 9A. Penalties for Washington State felony cases are governed by the Washington State Sentencing Guidelines. 400, a person is guilty of theft in the second degree if he or she commits theft of: (a) Property or services which exceed(s) seven hundred fifty dollars in value but does not exceed five thousand dollars in value, other than a firearm as defined in RCW 9. Actual penalties for a Washington theft crime, however, are determined by the Sentencing Reform Act, RCW 9. Washington State Senator State of Washington Caseload Forecast Council Council Staff Washington State Senator Director, Office of Financial Management Sen. Theft in the Second Degree. 00 $5,000. HTML PDF: 9A. 030) may be charged if the property or services stolen: Exceeds $5,000 in value (other than a firearm) Theft in the second degree. Derek Stanford, Chair David Schumacher, Vice Chair Senior Caseload Forecaster Webb Sprague, PhD Senior Caseload Forecaster Alex Ge, PhD Research Analyst Rep. (1) A person is guilty of vehicle prowling in the second degree if, with intent to commit a crime against a person or property therein, he or she enters or remains unlawfully in a vehicle other than a motor home, as defined in RCW 46. Motor Vehicle Theft Offenses: Theft of a Motor Vehicle. The defendant must Anything stolen under that amount is considered Theft in the Third Degree. 17 (Organized Retail Theft—Second Degree—Theft With Multiple Accomplices—Elements). For second degree theft cases involving the theft of property or services valued at over $750, use WPIC 70. [ 2017 c 266 s 11; 2013 c 322 s 3; 2012 c 233 s 3; Theft in the third degree. 04. 400, a person is guilty of theft in the second degree if he or she commits theft of: Oct 19, 2024 · How Does Washington State Define Theft? In Washington State, theft is defined under the Revised Code of Washington (RCW) Title 9A, Section 9A. 16 (Organized Retail Theft—Second Degree—Cumulative Value—Elements), or WPIC 71. 410: Metal property deception. See full list on criminaldefenselawyer. 305, or a vessel equipped for propulsion by mechanical means or by sail which has a cabin equipped with permanently installed sleeping quarters or cooking Washington State Constitution. (c) Except as provided in RCW 9A. 340(4) and 9A. 330 (possession of identification of another). State laws (RCW) Theft in the second degree is a class C felony. Read our guide to understand the first degree, second degree, and residential burglary charges and potential sentences in Washington. Theft in the second degree. 20 RCW. Sells, 166 Wn. First-Degree Theft Theft in the second degree. According to state law, theft involves the unlawful taking or obtaining of someone else’s property with the intent to permanently deprive the owner of its possession or use. Use the bracketed language in element (2) if the State has alleged multiple transactions based on a common scheme or plan. Theft in the first degree, (anything over $5000) is a Class B felony. 94A and the Washington State Sentencing Guidelines. Theft in the second degree (anything between $750 - $5000) is a Class B felony. qnvln yoc lyng oxrfi cbr zilke qgeiw wpl qcws wus