RCW 9A.56.360
Retail theft with special circumstances.
(1) A person commits retail theft with special circumstances if he or she commits theft of property from a mercantile establishment with one of the following special circumstances:
(a) To facilitate the theft, the person leaves the mercantile establishment through a designated emergency exit;
(b) The person was, at the time of the theft, in possession of an item, article, implement, or device used, under circumstances evincing an intent to use or employ, or designed to overcome security systems including, but not limited to, lined bags or tag removers; or
(c) The person committed theft at three or more separate and distinct mercantile establishments within a one hundred eighty-day period.
(2) A person is guilty of retail theft with special circumstances in the first degree if the theft involved constitutes theft in the first degree. Retail theft with special circumstances in the first degree is a class B felony.
(3) A person is guilty of retail theft with special circumstances in the second degree if the theft involved constitutes theft in the second degree. Retail theft with special circumstances in the second degree is a class C felony.
(4) A person is guilty of retail theft with special circumstances in the third degree if the theft involved constitutes theft in the third degree. Retail theft with special circumstances in the third degree is a class C felony.
(5) For the purposes of this section, "special circumstances" means the particular aggravating circumstances described in subsection (1)(a) through (c) of this section.
(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. Thefts committed by the same person in different counties that have been aggregated in one county may be prosecuted in any county in which any one of the thefts occurred. In no case may an aggregated series of thefts, or a single theft that has been aggregated in one county, be prosecuted in more than one county.
(b) The mercantile establishment or establishments whose property is alleged to have been stolen may request that the charge be aggregated with other thefts of property about which the mercantile establishment or establishments is aware. In the event a request to aggregate the prosecution is declined, the mercantile establishment or establishments shall be promptly advised by the prosecuting jurisdiction making the decision to decline aggregating the prosecution of the decision and the reasons for the decision.
[ 2017 c 224 § 1; 2013 c 153 § 1; 2006 c 277 § 3.]
NOTES:
Effective date—2013 c 153: "This act takes effect January 1, 2014." [ 2013 c 153 § 3.]
Structure Revised Code of Washington
Title 9A - Washington Criminal Code
Chapter 9A.56 - Theft and Robbery.
9A.56.020 - Theft—Definition, defense.
9A.56.030 - Theft in the first degree.
9A.56.040 - Theft in the second degree.
9A.56.050 - Theft in the third degree.
9A.56.060 - Unlawful issuance of checks or drafts.
9A.56.063 - Making or possessing motor vehicle theft tools.
9A.56.065 - Theft of motor vehicle.
9A.56.068 - Possession of stolen vehicle.
9A.56.070 - Taking motor vehicle without permission in the first degree.
9A.56.075 - Taking motor vehicle without permission in the second degree.
9A.56.078 - Motor vehicle crimes—Civil action.
9A.56.080 - Theft of livestock in the first degree.
9A.56.083 - Theft of livestock in the second degree.
9A.56.085 - Minimum fine for theft of livestock.
9A.56.096 - Theft of rental, leased, lease-purchased, or loaned property.
9A.56.100 - Theft and larceny equated.
9A.56.110 - Extortion—Definition.
9A.56.120 - Extortion in the first degree.
9A.56.130 - Extortion in the second degree.
9A.56.140 - Possessing stolen property—Definition—Presumption.
9A.56.150 - Possessing stolen property in the first degree—Other than firearm or motor vehicle.
9A.56.160 - Possessing stolen property in the second degree—Other than firearm or motor vehicle.
9A.56.170 - Possessing stolen property in the third degree.
9A.56.180 - Obscuring the identity of a machine.
9A.56.190 - Robbery—Definition.
9A.56.200 - Robbery in the first degree.
9A.56.210 - Robbery in the second degree.
9A.56.220 - Theft of subscription television services.
9A.56.230 - Unlawful sale of subscription television services.
9A.56.240 - Forfeiture and disposal of device used to commit violation.
9A.56.250 - Civil cause of action.
9A.56.260 - Connection of channel converter.
9A.56.262 - Theft of telecommunication services.
9A.56.264 - Unlawful manufacture of telecommunication device.
9A.56.266 - Unlawful sale of telecommunication device.
9A.56.268 - Civil cause of action.
9A.56.270 - Shopping cart theft.
9A.56.280 - Credit, debit cards, checks, etc.—Definitions.
9A.56.290 - Credit, payment cards—Unlawful factoring of transactions.
9A.56.300 - Theft of a firearm.
9A.56.310 - Possessing a stolen firearm.
9A.56.320 - Financial fraud—Unlawful possession, production of instruments of.
9A.56.330 - Possession of another's identification.
9A.56.340 - Theft with the intent to resell.
9A.56.350 - Organized retail theft.
9A.56.360 - Retail theft with special circumstances.
9A.56.380 - Possession of stolen mail.
9A.56.390 - Mail theft—Possession of stolen mail—Commission of other crime.