Revised Code of Washington
Chapter 76.48 - Specialized Forest Products.
76.48.151 - Penalties—Affirmative defense.

RCW 76.48.151
Penalties—Affirmative defense.

(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.
(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.

Structure Revised Code of Washington

Revised Code of Washington

Title 76 - Forests and Forest Products

Chapter 76.48 - Specialized Forest Products.

76.48.011 - Declaration of public interest.

76.48.021 - Definitions.

76.48.031 - Specialized forest products permits—Required—Inspection.

76.48.041 - Contents of authorization, sales invoice, or bill of lading.

76.48.051 - Specialized forest products permit—True copy.

76.48.061 - Permit requirements.

76.48.071 - Validation of forms for verifiable permits and validated permits.

76.48.081 - Specialized forest products permits—Expiration—Specifications.

76.48.091 - Acceptance and validation of permits—Authorized agents.

76.48.101 - Possession of specialized forest products by first or secondary buyer—Display of documentation—Specialty wood processors.

76.48.111 - Specialized forest products buyers and huckleberry buyers—Required records.

76.48.121 - Display of business license.

76.48.131 - Unlawful acts.

76.48.141 - False, fraudulent, forged, or stolen specialized forest products permit, sales invoice, bill of lading, etc.—Penalty.

76.48.151 - Penalties—Affirmative defense.

76.48.161 - Multiple convictions for violating RCW 76.48.141 or 76.48.151—Suspension of privileges to obtain a specialized forest products permit.

76.48.171 - Disposition of fines.

76.48.181 - Agencies responsible for enforcement of chapter.

76.48.191 - Detention of specialized forest products and documentation.

76.48.201 - Protection of items seized under RCW 76.48.191—Disposition of items.

76.48.211 - Exemptions.

76.48.221 - Effect of RCW 76.48.031 with respect to huckleberries.

76.48.231 - Department to develop educational material.

76.48.241 - Assistance and training for minority groups.

76.48.251 - Specialized forest products outreach and education account.

76.48.907 - Saving—1967 ex.s. c 47.