RCW 9A.44.193
Criminal trespass against children—Covered entities.
(1) An owner, manager, or operator of a covered entity may order a covered offender from the legal premises of a covered entity as provided under this section. To do this, the owner, manager, or operator of a covered entity must first provide the covered offender, or cause the covered offender to be provided, personal service of a written notice that informs the covered offender that:
(a) The covered offender must leave the legal premises of the covered entity and may not return without the written permission of the covered entity; and
(b) If the covered offender refuses to leave the legal premises of the covered entity, or thereafter returns and enters within the legal premises of the covered entity without written permission, the offender may be charged and prosecuted for a felony offense as provided in RCW 9A.44.196.
(2) A covered entity may give written permission of entry and use to a covered offender to enter and remain on the legal premises of the covered entity at particular times and for lawful purposes, including, but not limited to, conducting business, voting, or participating in educational or recreational activities. Any written permission of entry and use of the legal premises of a covered entity must be clearly stated in a written document and must be personally served on the covered offender. If the covered offender violates the conditions of entry and use contained in a written document personally served on the offender by the covered entity, the covered offender may be charged and prosecuted for a felony offense as provided in RCW 9A.44.196.
(3) An owner, employee, or agent of a covered entity shall be immune from civil liability for damages arising from excluding or failing to exclude a covered offender from a covered entity or from imposing or failing to impose conditions of entry and use on a covered offender.
(4) A person provided with written notice from a covered entity under this section may file a petition with the district court alleging that he or she does not meet the definition of "covered offender" in RCW 9A.44.190. The district court must conduct a hearing on the petition within thirty days of the petition being filed. In the hearing on the petition, the person has the burden of proving that he or she is not a covered offender. If the court finds, by a preponderance of the evidence, that the person is not a covered offender, the court shall order the covered entity to rescind the written notice and shall order the covered entity to pay the person's costs and reasonable attorneys' fees.
[ 2006 c 126 § 5; 2006 c 125 § 3.]
NOTES:
Effective date—2006 c 126 §§ 1 and 3-7: See note following RCW 9A.44.130.
Intent—Severability—Effective date—2006 c 125: See notes following RCW 9A.44.190.
Structure Revised Code of Washington
Title 9A - Washington Criminal Code
9A.44.020 - Testimony—Evidence—Written motion—Admissibility.
9A.44.030 - Defenses to prosecution under this chapter.
9A.44.040 - Rape in the first degree.
9A.44.045 - First degree rape—Penalties.
9A.44.050 - Rape in the second degree.
9A.44.060 - Rape in the third degree.
9A.44.073 - Rape of a child in the first degree.
9A.44.076 - Rape of a child in the second degree.
9A.44.079 - Rape of a child in the third degree.
9A.44.083 - Child molestation in the first degree.
9A.44.086 - Child molestation in the second degree.
9A.44.089 - Child molestation in the third degree.
9A.44.093 - Sexual misconduct with a minor in the first degree.
9A.44.096 - Sexual misconduct with a minor in the second degree.
9A.44.100 - Indecent liberties.
9A.44.105 - Sexually violating human remains.
9A.44.120 - Admissibility of child's statement—Conditions.
9A.44.130 - Registration of sex offenders and kidnapping offenders—Procedures—Definition—Penalties.
9A.44.132 - Failure to register as sex offender or kidnapping offender.
9A.44.135 - Address verification.
9A.44.140 - Registration of sex offenders and kidnapping offenders—Duty to register.
9A.44.141 - Investigation—End of duty to register—Removal from registry—Civil liability.
9A.44.142 - Relief from duty to register—Petition—Exceptions.
9A.44.150 - Testimony of child by closed-circuit television.
9A.44.160 - Custodial sexual misconduct in the first degree.
9A.44.170 - Custodial sexual misconduct in the second degree.
9A.44.180 - Custodial sexual misconduct—Defense.
9A.44.190 - Criminal trespass against children—Definitions.
9A.44.193 - Criminal trespass against children—Covered entities.
9A.44.196 - Criminal trespass against children.
9A.44.900 - Decodifications and additions to this chapter.
9A.44.901 - Construction—Sections decodified and added to this chapter.
9A.44.902 - Effective date—1979 ex.s. c 244.
9A.44.903 - Section captions—1988 c 145.
9A.44.904 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.