WEST'S REVISED CODE OF WASHINGTON ANNOTATED
COPR. (c) WEST 1991 No Claim to Orig. Govt. Works
TITLE 9A. WASHINGTON CRIMINAL CODE
(SEE ALSO CRIMES AND PUNISHMENTS, TITLE 9 RCWA)
CHAPTER 9A.52--BURGLARY AND TRESPASS
9A.52.110. COMPUTER TRESPASS in the first degree
(1) A person is guilty of COMPUTER TRESPASS in the first degree if the person,
without authorization, intentionally gains access to a COMPUTER system or
electronic data base of another; and
(a) The access is made with the intent to commit another crime; or
(b) The violation involves a COMPUTER or data base maintained by a government
agency.
(2) COMPUTER TRESPASS in the first degree is a class C felony.
1988 Main Volume Credit(s)
Enacted by Laws 1984, ch. 273, s 1.
9A.52.120. COMPUTER TRESPASS in the second degree
(1) A person is guilty of COMPUTER TRESPASS in the second degree if the
person, without authorization, intentionally gains access to a COMPUTER system
or electronic data base of another under circumstances not constituting the
offense in the first degree.
(2) COMPUTER TRESPASS in the second degree is a gross misdemeanor.
1988 Main Volume Credit(s)
Enacted by Laws 1984, ch. 273, s 2.
9A.52.130. COMPUTER trespass--Commission of other CRIME
A person who, in the commission of a COMPUTER trespass, commits any other
CRIME may be punished for that other CRIME as well as for the COMPUTER trespass
and may be prosecuted for each CRIME separately.
1988 Main Volume Credit(s)
Enacted by Laws 1984, ch. 273, s 3.
West's RCWA 9.26A.110
WEST'S REVISED CODE OF WASHINGTON ANNOTATED
COPR. (c) WEST 1991 No Claim to Orig. Govt. Works
TITLE 9. CRIMES AND PUNISHMENTS
CHAPTER 9.26A--TELECOMMUNICATIONS CRIME
9.26A.110. Fraud in obtaining telecommunications service--Penalty
(1) Every person who, with intent to evade the provisions of any order or rule
of the Washington utilities and transportation commission or of any tariff,
price list, contract, or any other filing lawfully submitted to said commission
by any telephone, telegraph, or telecommunications company, or with intent to
defraud, obtains telephone, telegraph, or telecommunications service from any
telephone, telegraph, or telecommunications company through: (a) The use of a
false or fictitious name or telephone number; (b) the unauthorized use of the
name or telephone number of another; (c) the physical or electronic
installation of, rearrangement of, or tampering with any equipment, or use of a
telecommunications device; (d) the commission of COMPUTER TRESPASS; or (e)
any other trick, deceit, or fraudulent device, shall be guilty of a
misdemeanor. If the value of the telephone, telegraph, or telecommunications
service that any person obtains in violation of this section during a period of
ninety days exceeds:
(a) Fifty dollars in the aggregate, then such person shall be guilty of a
gross misdemeanor;
(b) Two hundred fifty dollars in the aggregate, then such person shall be
guilty of a class C felony.
However, for any act that constitutes a violation of both this subsection and
subsection (2) of this section the provisions of subsection (2) of this section
shall be exclusive.
(2) Every person who:
(a) Makes, possesses, sells, gives, or otherwise transfers to another a
telecommunications device with intent to use it or with knowledge or reason to
believe it is intended to be used to avoid any lawful telephone or telegraph
toll charge or to conceal the existence or place of origin or destination of
any telephone or telegraph message; or
(b) Sells, gives, or otherwise transfers to another plans or instructions for
making or assembling a telecommunications device described in subparagraph (a)
of this subsection with knowledge or reason to believe that the plans may be
used to make or assemble such device shall be guilty of a felony.
1991 Pocket Part Credit(s)
Formerly s 9.45.240, enacted by Laws 1955, ch. 114, s 1. Amended by Laws 1972,
Ex.Sess., ch. 75, s 1; Laws 1974, Ex.Sess., ch. 160, s 2; Laws 1977,
Ex.Sess., ch. 42, s 1; Laws 1981, ch. 252, s 1. Recodified as s 9.26A.110 and
amended by Laws 1990, ch. 11, ss 2, 5.
HISTORICAL NOTES
HISTORICAL AND STATUTORY NOTES
1991 Pocket Part Historical and Statutory Notes
1990 Legislation
Laws 1990, ch. 11, s 2, in subsec. (1), rewrote the introductory paragraph,
which previously read:
"Every person who, with intent to evade the provisions of any order of the
Washington utilities and transportation commission or of any tariff, rule, or
regulation lawfully filed with said commission by any telephone or telegraph
company, or with intent to defraud, obtains telephone or telegraph service from
any telephone or telegraph company through the use of a false or fictitious
name or telephone number or the unauthorized use of the name or telephone
number of another, or through any other trick, deceit, or fraudulent device,
shall be guilty of a misdemeanor. If the value of the telephone or telegraph
service which any person obtains in violation of this section during a period
of ninety days exceeds:";
in subsecs. (2)(a) and (b), preceding "device" substituted "a
telecommunications" for "an instrument, apparatus, or"; in subsec. (2)(b),
near the end, substituted "the plans" for "they"; and preceding "device"
deleted "instrument, apparatus, or".
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