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9.94A.833 Special allegation—Involving minor in felony offense—Procedures.

WA Rev Code § 9.94A.833 (2019) (N/A)
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RCW 9.94A.833 Special allegation—Involving minor in felony offense—Procedures.

(1) In a prosecution of a criminal street gang-related felony offense, the prosecution may file a special allegation that the felony offense involved the compensation, threatening, or solicitation of a minor in order to involve that minor in the commission of the felony offense, as described under RCW 9.94A.533(10)(a).

(2) The state has the burden of proving a special allegation made under this section beyond a reasonable doubt. If a jury is had, the jury shall, if it finds the defendant guilty, also find a special verdict as to whether the criminal street gang-related felony offense involved the compensation, threatening, or solicitation of a minor in order to involve that minor in the commission of the felony offense. If no jury is had, the court shall make a finding of fact as to whether the criminal street gang-related felony offense involved the compensation, threatening, or solicitation of a minor in order to involve that minor in the commission of the felony offense.

[ 2008 c 276 § 302.]

NOTES:

Severability—Part headings, subheadings not law—2008 c 276: See notes following RCW 36.28A.200.

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