Gift card criminal conduct

AN ACT Relating to deterring criminal conduct involving gift 1
cards; amending RCW 9A.56.010 and 9A.60.020; reenacting and amending 2
RCW 9.94A.515; adding a new section to chapter 9A.56 RCW; adding a 3
new section to chapter 9A.60 RCW; and prescribing penalties.4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:5
Sec. 1. RCW 9A.56.010 and 2017 c 266 s 7 are each amended to 6
read as follows: 7
The following definitions are applicable in this chapter unless 8
the context otherwise requires: 9
(1) "Access device" means any card, plate, code, account number, 10
or other means of account access that can be used alone or in 11
conjunction with another access device to obtain money, goods, 12
services, or anything else of value, or that can be used to initiate 13
a transfer of funds, other than a transfer originated solely by paper 14
instrument; 15
(2) "Appropriate lost or misdelivered property or services" means 16
obtaining or exerting control over the property or services of 17
another which the actor knows to have been lost or mislaid, or to 18
have been delivered under a mistake as to identity of the recipient 19
or as to the nature or amount of the property; 20
H-0814.1
HOUSE BILL 1744
State of Washington 69th Legislature 2025 Regular Session
By Representatives Obras, Burnett, Goodman, Couture, Walen, Bernbaum,
Fosse, Griffey, Leavitt, Shavers, Reed, Gregerson, Ormsby, Parshley,
Cortes, Hill, Duerr, and Nance
Read first time 01/30/25. Referred to Committee on Community Safety.
p. 1 HB 1744
(3) "Beverage crate" means a plastic or metal box-like container 1
used by a manufacturer or distributor in the transportation or 2
distribution of individually packaged beverages to retail outlets, 3
and affixed with language stating "property of . . . . .," "owned 4
by . . . . .," or other markings or words identifying ownership;5
(4) "By color or aid of deception" means that the deception 6
operated to bring about the obtaining of the property or services; it 7
is not necessary that deception be the sole means of obtaining the 8
property or services; 9
(5) "Deception" occurs when an actor knowingly:10
(a) Creates or confirms another's false impression which the 11
actor knows to be false; or 12
(b) Fails to correct another's impression which the actor 13
previously has created or confirmed; or 14
(c) Prevents another from acquiring information material to the 15
disposition of the property involved; or 16
(d) Transfers or encumbers property without disclosing a lien, 17
adverse claim, or other legal impediment to the enjoyment of the 18
property, whether that impediment is or is not valid, or is or is not 19
a matter of official record; or 20
(e) Promises performance which the actor does not intend to 21
perform or knows will not be performed; 22
(6) "Deprive" in addition to its common meaning means to make 23
unauthorized use or an unauthorized copy of records, information, 24
data, trade secrets, or computer programs; 25
(7) "Mail," in addition to its common meaning, means any letter, 26
postal card, package, bag, or other item that is addressed to a 27
specific address for delivery by the United States postal service or 28
any commercial carrier performing the function of delivering similar 29
items to residences or businesses, provided the mail:30
(a)(i) Is addressed with a specific person's name, family name, 31
or company, business, or corporation name on the outside of the item 32
of mail or on the contents inside; and 33
(ii) Is not addressed to a generic unnamed occupant or resident 34
of the address without an identifiable person, family, or company, 35
business, or corporation name on the outside of the item of mail or 36
on the contents inside; and 37
(b) Has been left for collection or delivery in any letter box, 38
mailbox, mail receptacle, or other authorized depository for mail, or 39
given to a mail carrier, or left with any private business that 40
p. 2 HB 1744
provides mailboxes or mail addresses for customers or when left in a 1
similar location for collection or delivery by any commercial 2
carrier; or 3
(c) Is in transit with a postal service, mail carrier, letter 4
carrier, commercial carrier, or that is at or in a postal vehicle, 5
postal station, mailbox, postal airplane, transit station, or similar 6
location of a commercial carrier; or 7
(d) Has been delivered to the intended address, but has not been 8
received by the intended addressee. 9
Mail, for purposes of chapter 164, Laws of 2011, does not include 10
magazines, catalogs, direct mail inserts, newsletters, advertising 11
circulars, or any mail that is considered third-class mail by the 12
United States postal service; 13
(8) "Mailbox," in addition to its common meaning, means any 14
authorized depository or receptacle of mail for the United States 15
postal service or authorized depository for a commercial carrier that 16
provides services to the general public, including any address to 17
which mail is or can be addressed, or a place where the United States 18
postal service or equivalent commercial carrier delivers mail to its 19
addressee; 20
(9) "Merchandise pallet" means a wood or plastic carrier designed 21
and manufactured as an item on which products can be placed before or 22
during transport to retail outlets, manufacturers, or contractors, 23
and affixed with language stating "property of . . .," "owned 24
by . . .," or other markings or words identifying ownership;25
(10) "Obtain control over" in addition to its common meaning, 26
means: 27
(a) In relation to property, to bring about a transfer or 28
purported transfer to the obtainer or another of a legally recognized 29
interest in the property; or 30
(b) In relation to labor or service, to secure performance 31
thereof for the benefits of the obtainer or another;32
(11) "Owner" means a person, other than the actor, who has 33
possession of or any other interest in the property or services 34
involved, and without whose consent the actor has no authority to 35
exert control over the property or services; 36
(12) "Parking area" means a parking lot or other property 37
provided by retailers for use by a customer for parking an automobile 38
or other vehicle; 39
p. 3 HB 1744
(13) "Receive" includes, but is not limited to, acquiring title, 1
possession, control, or a security interest, or any other interest in 2
the property; 3
(14) "Received by the intended addressee" means that the 4
addressee, owner of the delivery mailbox, or authorized agent has 5
removed the delivered mail from its delivery mailbox;6
(15) "Services" includes, but is not limited to, labor, 7
professional services, transportation services, electronic computer 8
services, the supplying of hotel accommodations, restaurant services, 9
entertainment, the supplying of equipment for use, and the supplying 10
of commodities of a public utility nature such as gas, electricity, 11
steam, and water; 12
(16) "Shopping cart" means a basket mounted on wheels or similar 13
container generally used in a retail establishment by a customer for 14
the purpose of transporting goods of any kind; 15
(17) "Stolen" means obtained by theft, robbery, or extortion;16
(18) "Subscription television service" means cable or encrypted 17
video and related audio and data services intended for viewing on a 18
home television by authorized members of the public only, who have 19
agreed to pay a fee for the service. Subscription services include 20
but are not limited to those video services presently delivered by 21
coaxial cable, fiber optic cable, terrestrial microwave, television 22
broadcast, and satellite transmission; 23
(19) "Telecommunication device" means (a) any type of instrument, 24
device, machine, or equipment that is capable of transmitting or 25
receiving telephonic or electronic communications; or (b) any part of 26
such an instrument, device, machine, or equipment, or any computer 27
circuit, computer chip, electronic mechanism, or other component, 28
that is capable of facilitating the transmission or reception of 29
telephonic or electronic communications; 30
(20) "Telecommunication service" includes any service other than 31
subscription television service provided for a charge or compensation 32
to facilitate the transmission, transfer, or reception of a 33
telephonic communication or an electronic communication;34
(21) Value. (a) "Value" means the market value of the property or 35
services at the time and in the approximate area of the criminal act.36
(b) Whether or not they have been issued or delivered, written 37
instruments, except those having a readily ascertained market value, 38
shall be evaluated as follows: 39
p. 4 HB 1744
(i) The value of an instrument constituting an evidence of debt, 1
such as a check, draft, or promissory note, shall be deemed the 2
amount due or collectible thereon or thereby, that figure ordinarily 3
being the face amount of the indebtedness less any portion thereof 4
which has been satisfied; 5
(ii) The value of a ticket or equivalent instrument which 6
evidences a right to receive transportation, entertainment, or other 7
service shall be deemed the price stated thereon, if any; and if no 8
price is stated thereon, the value shall be deemed the price of such 9
ticket or equivalent instrument which the issuer charged the general 10
public; 11
(iii) The value of any other instrument that creates, releases, 12
discharges, or otherwise affects any valuable legal right, privilege, 13
or obligation shall be deemed the greatest amount of economic loss 14
which the owner of the instrument might reasonably suffer by virtue 15
of the loss of the instrument;16
(iv) The value of a gift card or gift card redemption information 17
shall be deemed the greatest amount of economic loss the owner of the 18
gift card or gift card redemption information might reasonably 19
suffer, including the full monetary face value or potential value for 20
open-loop gift cards. 21
(c) Except as provided in RCW 9A.56.340(4) and 9A.56.350(4), 22
whenever any series of transactions which constitute theft, would, 23
when considered separately, constitute theft in the third degree 24
because of value, and said series of transactions are a part of a 25
criminal episode or a common scheme or plan, then the transactions 26
may be aggregated in one count and the sum of the value of all said 27
transactions shall be the value considered in determining the degree 28
of theft involved. 29
For purposes of this subsection, "criminal episode" means a 30
series of thefts committed by the same person from one or more 31
mercantile establishments on three or more occasions within a five-32
day period. 33
(d) Whenever any person is charged with possessing stolen 34
property and such person has unlawfully in his possession at the same 35
time the stolen property of more than one person, then the stolen 36
property possessed may be aggregated in one count and the sum of the 37
value of all said stolen property shall be the value considered in 38
determining the degree of theft involved. Thefts committed by the 39
same person in different counties that have been aggregated in one 40
p. 5 HB 1744
county may be prosecuted in any county in which one of the thefts 1
occurred. 2
(e) Property or services having value that cannot be ascertained 3
pursuant to the standards set forth above shall be deemed to be of a 4
value not exceeding two hundred and fifty dollars; 5
(22) "Vulnerable adult" includes a person eighteen years of age 6
or older who: 7
(a) Is functionally, mentally, or physically unable to care for 8
himself or herself; or 9
(b) Is suffering from a cognitive impairment other than voluntary 10
intoxication; 11
(23) "Wrongfully obtains" or "exerts unauthorized control" means:12
(a) To take the property or services of another;13
(b) Having any property or services in one's possession, custody 14
or control as bailee, factor, lessee, pledgee, renter, servant, 15
attorney, agent, employee, trustee, executor, administrator, 16
guardian, or officer of any person, estate, association, or 17
corporation, or as a public officer, or person authorized by 18
agreement or competent authority to take or hold such possession, 19
custody, or control, to secrete, withhold, or appropriate the same to 20
his or her own use or to the use of any person other than the true 21
owner or person entitled thereto; or 22
(c) Having any property or services in one's possession, custody, 23
or control as partner, to secrete, withhold, or appropriate the same 24
to his or her use or to the use of any person other than the true 25
owner or person entitled thereto, where the use is unauthorized by 26
the partnership agreement;27
(24) "Cardholder" means any person or party to whom a physical or 28
digital gift card is issued through a purchase, or who receives a 29
gift card from a willing party;30
(25) "Card issuer" means any person that issues a gift card or 31
the agent of that person with respect to the card;32
(26) "Closed-loop gift card" means a card, code, or device that 33
is issued to a consumer on a prepaid basis primarily for personal, 34
family, or household purposes in a specified amount, regardless of 35
whether that amount may be increased or reloaded in exchange for 36
payment and is redeemable upon presentation by a consumer at a single 37
merchant or group of affiliated merchants;38
p. 6 HB 1744
(27) "Gift card" means a physical or digital closed-loop gift 1
card or open-loop gift card that is either activated or not yet 2
activated;3
(28) "Gift card redemption information" means information unique 4
to each gift card which allows the cardholder to access, transfer, or 5
spend the funds on that gift card;6
(29) "Gift card seller" means a merchant that is engaged in the 7
business of selling open-loop or closed-loop gift cards to consumers;8
(30) "Open-loop gift card" means a card, code, or device that is 9
issued to a consumer on a prepaid basis primarily for personal, 10
family, or household purposes in a specified amount, regardless of 11
whether that amount may be increased or reloaded in exchange for 12
payment, and is redeemable upon presentation at multiple unaffiliated 13
merchants for goods or services within the payment card network.14
NEW SECTION. Sec. 2. A new section is added to chapter 9A.56 15
RCW to read as follows: 16
(1) Any person who, with intent to defraud, acquires or retains 17
possession of a gift card or gift card redemption information without 18
the consent of the cardholder, card issuer, or gift card seller, is 19
guilty of theft of a gift card as follows: 20
(a) Theft of a gift card is a first degree offense and class B 21
felony if the value of the gift card or gift card redemption 22
information exceeds $5,000 in value. 23
(b) Theft of a gift card is a second degree offense and class C 24
felony if the value of the gift card or gift card redemption 25
information exceeds $750 in value but does not exceed $5,000 in 26
value. 27
(c) Theft of a gift card is a third degree offense and gross 28
misdemeanor if the value of the gift card or gift card redemption 29
information does not exceed $750 in value. 30
(2) Any person who, with intent to defraud, uses, for the purpose 31
of obtaining money, goods, services, or anything else of value, a 32
gift card or gift card redemption information that has been obtained 33
in violation of subsection (1) of this section or RCW 9A.60.020(1)(c) 34
is guilty of unlawful use of a gift card as follows:35
(a) Unlawful use of a gift card is a first degree offense and 36
class B felony if the value of the gift card or gift card redemption 37
information exceeds $5,000 in value. 38
p. 7 HB 1744
(b) Unlawful use of a gift card is a second degree offense and 1
class C felony if the value of the gift card or gift card redemption 2
information exceeds $750 in value but does not exceed $5,000 in 3
value. 4
(c) Unlawful use of a gift card is a third degree offense and 5
gross misdemeanor if the value of the gift card or gift card 6
redemption information does not exceed $750 in value.7
Sec. 3. RCW 9A.60.020 and 2011 c 336 s 382 are each amended to 8
read as follows: 9
(1) A person is guilty of forgery if, with intent to injure or 10
defraud: 11
(a) He or she falsely makes, completes, or alters a written 12
instrument ((or)); 13
(b) He or she possesses, utters, offers, disposes of, or puts off 14
as true a written instrument which he or she knows to be forged; or15
(c) He or she alters or tampers with a gift card or gift card 16
redemption information. 17
(2) In a proceeding under this section that is related to an 18
identity theft under RCW 9.35.020, the crime will be considered to 19
have been committed in any locality where the person whose means of 20
identification or financial information was appropriated resides, or 21
in which any part of the offense took place, regardless of whether 22
the defendant was ever actually in that locality. 23
(3) Forgery is a class C felony. 24
NEW SECTION. Sec. 4. A new section is added to chapter 9A.60 25
RCW to read as follows: 26
(1) A person is guilty of gift card fraud if he or she devises a 27
scheme to obtain a gift card or gift card redemption information from 28
a cardholder, card issuer, or gift card seller by means of false or 29
fraudulent pretenses, representations, or promises.30
(2) Gift card fraud is a class C felony. 31
Sec. 5. RCW 9.94A.515 and 2024 c 301 s 29 and 2024 c 55 s 1 are 32
each reenacted and amended to read as follows: 33
34 TABLE 2
35
36
CRIMES INCLUDED WITHIN EACH
SERIOUSNESS LEVEL

p. 8 HB 1744
1 XVI Aggravated Murder 1 (RCW 10.95.020)
2 XV Homicide by abuse (RCW 9A.32.055)
3
4
Malicious explosion 1 (RCW
70.74.280(1))

5 Murder 1 (RCW 9A.32.030)
6 XIV Murder 2 (RCW 9A.32.050)
7 Trafficking 1 (RCW 9A.40.100(1))
8
9
XIII Malicious explosion 2 (RCW
70.74.280(2))

10
11
Malicious placement of an explosive 1
(RCW 70.74.270(1))

12 XII Assault 1 (RCW 9A.36.011)
13 Assault of a Child 1 (RCW 9A.36.120)
14
15
Malicious placement of an imitation
device 1 (RCW 70.74.272(1)(a))

16
17
Promoting Commercial Sexual Abuse
of a Minor (RCW 9.68A.101)

18 Rape 1 (RCW 9A.44.040)
19 Rape of a Child 1 (RCW 9A.44.073)
20 Trafficking 2 (RCW 9A.40.100(3))
21 XI Manslaughter 1 (RCW 9A.32.060)
22 Rape 2 (RCW 9A.44.050)
23 Rape of a Child 2 (RCW 9A.44.076)
24
25
26
Vehicular Homicide, by being under the
influence of intoxicating liquor or
any drug (RCW 46.61.520)

27
28
29
Vehicular Homicide, by the operation of
any vehicle in a reckless manner
(RCW 46.61.520)

30 X Child Molestation 1 (RCW 9A.44.083)
31
32
Criminal Mistreatment 1 (RCW
9A.42.020)

33
34
35
Indecent Liberties (with forcible
compulsion) (RCW
9A.44.100(1)(a))

p. 9 HB 1744
1 Kidnapping 1 (RCW 9A.40.020)
2
3
Leading Organized Crime (RCW
9A.82.060(1)(a))

4
5
Malicious explosion 3 (RCW
70.74.280(3))

6
7
Sexually Violent Predator Escape (RCW
9A.76.115)

8
9
IX Abandonment of Dependent Person 1
(RCW 9A.42.060)

10 Assault of a Child 2 (RCW 9A.36.130)
11
12
Explosive devices prohibited (RCW
70.74.180)

13
14
Hit and Run—Death (RCW
46.52.020(4)(a))

15
16
17
Homicide by Watercraft, by being under
the influence of intoxicating liquor
or any drug (RCW 79A.60.050)

18
19
Inciting Criminal Profiteering (RCW
9A.82.060(1)(b))

20
21
Malicious placement of an explosive 2
(RCW 70.74.270(2))

22 Robbery 1 (RCW 9A.56.200)
23 Sexual Exploitation (RCW 9.68A.040)
24 VIII Arson 1 (RCW 9A.48.020)
25
26
Commercial Sexual Abuse of a Minor
(RCW 9.68A.100)

27
28
29
Homicide by Watercraft, by the
operation of any vessel in a reckless
manner (RCW 79A.60.050)

30 Manslaughter 2 (RCW 9A.32.070)
31
32
Promoting Prostitution 1 (RCW
9A.88.070)

33 Theft of Ammonia (RCW 69.55.010)
p. 10 HB 1744
1
2
3
VII Air bag diagnostic systems (causing
bodily injury or death) (RCW
46.37.660(2)(b))

4
5
6
Air bag replacement requirements
(causing bodily injury or death)
(RCW 46.37.660(1)(b))

7 Burglary 1 (RCW 9A.52.020)
8 Child Molestation 2 (RCW 9A.44.086)
9
10
Civil Disorder Training (RCW
9A.48.120)

11
12
Custodial Sexual Misconduct 1 (RCW
9A.44.160)

13
14
15
Dealing in depictions of minor engaged
in sexually explicit conduct 1
(RCW 9.68A.050(1))

16 Drive-by Shooting (RCW 9A.36.045)
17
18
False Reporting 1 (RCW
9A.84.040(2)(a))

19
20
21
Homicide by Watercraft, by disregard
for the safety of others (RCW
79A.60.050)

22
23
24
Indecent Liberties (without forcible
compulsion) (RCW 9A.44.100(1)
(b) and (c))

25
26
Introducing Contraband 1 (RCW
9A.76.140)

27
28
Malicious placement of an explosive 3
(RCW 70.74.270(3))

29
30
31
32
33
Manufacture or import counterfeit,
nonfunctional, damaged, or
previously deployed air bag
(causing bodily injury or death)
(RCW 46.37.650(1)(b))

34
35
36
Negligently Causing Death By Use of a
Signal Preemption Device (RCW
46.37.675)

p. 11 HB 1744
1
2
3
4
Sell, install, or reinstall counterfeit,
nonfunctional, damaged, or
previously deployed airbag (RCW
46.37.650(2)(b))

5
6
7
8
Sending, bringing into state depictions
of minor engaged in sexually
explicit conduct 1 (RCW
9.68A.060(1))

9
10
Unlawful Possession of a Firearm in the
first degree (RCW 9.41.040(1))

11
12
13
Use of a Machine Gun or Bump-fire
Stock in Commission of a Felony
(RCW 9.41.225)

14
15
16
Vehicular Homicide, by disregard for
the safety of others (RCW
46.61.520)

17
18
VI Bail Jumping with Murder 1 (RCW
9A.76.170(3)(a))

19 Bribery (RCW 9A.68.010)
20 Incest 1 (RCW 9A.64.020(1))
21 Intimidating a Judge (RCW 9A.72.160)
22
23
Intimidating a Juror/Witness (RCW
9A.72.110, 9A.72.130)

24
25
Malicious placement of an imitation
device 2 (RCW 70.74.272(1)(b))

26
27
28
Possession of Depictions of a Minor
Engaged in Sexually Explicit
Conduct 1 (RCW 9.68A.070(1))

29 Rape of a Child 3 (RCW 9A.44.079)
30 Theft of a Firearm (RCW 9A.56.300)
31
32
Theft from a Vulnerable Adult 1 (RCW
9A.56.400(1))

33
34
Unlawful Storage of Ammonia (RCW
69.55.020)

35
36
V Abandonment of Dependent Person 2
(RCW 9A.42.070)

p. 12 HB 1744
1
2
3
Advancing money or property for
extortionate extension of credit
(RCW 9A.82.030)

4
5
Air bag diagnostic systems (RCW
46.37.660(2)(c))

6
7
Air bag replacement requirements
(RCW 46.37.660(1)(c))

8
9
Bail Jumping with class A Felony
(RCW 9A.76.170(3)(b))

10 Child Molestation 3 (RCW 9A.44.089)
11
12
Criminal Mistreatment 2 (RCW
9A.42.030)

13
14
Custodial Sexual Misconduct 2 (RCW
9A.44.170)

15
16
17
Dealing in Depictions of Minor
Engaged in Sexually Explicit
Conduct 2 (RCW 9.68A.050(2))

18
19
20
21
Domestic Violence Court Order
Violation (RCW 7.105.450,
10.99.040, 10.99.050, 26.09.300,
26.26B.050, or 26.52.070)

22 Extortion 1 (RCW 9A.56.120)
23
24
Extortionate Extension of Credit (RCW
9A.82.020)

25
26
27
Extortionate Means to Collect
Extensions of Credit (RCW
9A.82.040)

28 Incest 2 (RCW 9A.64.020(2))
29 Kidnapping 2 (RCW 9A.40.030)
30
31
32
33
Manufacture or import counterfeit,
nonfunctional, damaged, or
previously deployed air bag (RCW
46.37.650(1)(c))

34 Perjury 1 (RCW 9A.72.020)
35
36
Persistent prison misbehavior (RCW
9.94.070)

p. 13 HB 1744
1
2
Possession of a Stolen Firearm (RCW
9A.56.310)

3 Rape 3 (RCW 9A.44.060)
4
5
Rendering Criminal Assistance 1 (RCW
9A.76.070)

6
7
8
9
Sell, install, or reinstall counterfeit,
nonfunctional, damaged, or
previously deployed airbag (RCW
46.37.650(2)(c))

10
11
12
13
Sending, Bringing into State Depictions
of Minor Engaged in Sexually
Explicit Conduct 2 (RCW
9.68A.060(2))

14
15
Sexual Misconduct with a Minor 1
(RCW 9A.44.093)

16
17
Sexually Violating Human Remains
(RCW 9A.44.105)

18 Stalking (RCW 9A.46.110)
19
20
Taking Motor Vehicle Without
Permission 1 (RCW 9A.56.070)

21 IV Arson 2 (RCW 9A.48.030)
22 Assault 2 (RCW 9A.36.021)
23
24
25
Assault 3 (of a Peace Officer with a
Projectile Stun Gun) (RCW
9A.36.031(1)(h))

26
27
Assault 4 (third domestic violence
offense) (RCW 9A.36.041(3))

28
29
Assault by Watercraft (RCW
79A.60.060)

30
31
32
Bribing a Witness/Bribe Received by
Witness (RCW 9A.72.090,
9A.72.100)

33 Cheating 1 (RCW 9.46.1961)
34 Commercial Bribery (RCW 9A.68.060)
35 Counterfeiting (RCW 9.16.035(4))
p. 14 HB 1744
1
2
Driving While Under the Influence
(RCW 46.61.502(6))

3
4
Endangerment with a Controlled
Substance (RCW 9A.42.100)

5 Escape 1 (RCW 9A.76.110)
6 Hate Crime (RCW 9A.36.080)
7
8
Hit and Run—Injury (RCW
46.52.020(4)(b))

9
10
Hit and Run with Vessel—Injury
Accident (RCW 79A.60.200(3))

11 Identity Theft 1 (RCW 9.35.020(2))
12
13
14
Indecent Exposure to Person Under Age
14 (subsequent sex offense) (RCW
9A.88.010)

15
16
Influencing Outcome of Sporting Event
(RCW 9A.82.070)

17
18
19
Physical Control of a Vehicle While
Under the Influence (RCW
46.61.504(6))

20
21
22
Possession of Depictions of a Minor
Engaged in Sexually Explicit
Conduct 2 (RCW 9.68A.070(2))

23 Residential Burglary (RCW 9A.52.025)
24 Robbery 2 (RCW 9A.56.210)
25 Theft of Livestock 1 (RCW 9A.56.080)
26 Threats to Bomb (RCW 9.61.160)
27
28
Trafficking in Catalytic Converters 1
(RCW 9A.82.190)

29
30
Trafficking in Stolen Property 1 (RCW
9A.82.050)

31
32
33
Unlawful factoring of a credit card or
payment card transaction (RCW
9A.56.290(4)(b))

p. 15 HB 1744
1
2
3
Unlawful transaction of health coverage
as a health care service contractor
(RCW 48.44.016(3))

4
5
6
Unlawful transaction of health coverage
as a health maintenance
organization (RCW 48.46.033(3))

7
8
Unlawful transaction of insurance
business (RCW 48.15.023(3))

9
10
Unlicensed practice as an insurance
professional (RCW 48.17.063(2))

11
12
13
Use of Proceeds of Criminal
Profiteering (RCW 9A.82.080 (1)
and (2))

14
15
Vehicle Prowling 2 (third or subsequent
offense) (RCW 9A.52.100(3))

16
17
18
19
20
Vehicular Assault, by being under the
influence of intoxicating liquor or
any drug, or by the operation or
driving of a vehicle in a reckless
manner (RCW 46.61.522)

21
22
23
Viewing of Depictions of a Minor
Engaged in Sexually Explicit
Conduct 1 (RCW 9.68A.075(1))

24 III Animal Cruelty 1 (RCW 16.52.205)
25
26
27
28
Assault 3 (Except Assault 3 of a Peace
Officer With a Projectile Stun Gun)
(RCW 9A.36.031 except subsection
(1)(h))

29 Assault of a Child 3 (RCW 9A.36.140)
30
31
Bail Jumping with class B or C Felony
(RCW 9A.76.170(3)(c))

32 Burglary 2 (RCW 9A.52.030)
33
34
35
Communication with a Minor for
Immoral Purposes (RCW
9.68A.090)

p. 16 HB 1744
1
2
Criminal Gang Intimidation (RCW
9A.46.120)

3 Custodial Assault (RCW 9A.36.100)
4
5
Cyber Harassment (RCW
9A.90.120(2)(b))

6 Escape 2 (RCW 9A.76.120)
7 Extortion 2 (RCW 9A.56.130)
8
9
False Reporting 2 (RCW
9A.84.040(2)(b))

10 Harassment (RCW 9A.46.020)
11 Hazing (RCW 28B.10.901(2)(b))
12
13
Intimidating a Public Servant (RCW
9A.76.180)

14
15
Introducing Contraband 2 (RCW
9A.76.150)

16
17
Malicious Injury to Railroad Property
(RCW 81.60.070)

18
19
Manufacture of Untraceable Firearm
with Intent to Sell (RCW 9.41.190)

20
21
22
23
Manufacture or Assembly of an
Undetectable Firearm or
Untraceable Firearm (RCW
9.41.325)

24 Mortgage Fraud (RCW 19.144.080)
25
26
27
28
Negligently Causing Substantial Bodily
Harm By Use of a Signal
Preemption Device (RCW
46.37.674)

29
30
Organized Retail Theft 1 (RCW
9A.56.350(2))

31 Perjury 2 (RCW 9A.72.030)
32
33
Possession of Incendiary Device (RCW
9.40.120)

p. 17 HB 1744
1
2
3
4
Possession of Machine Gun, Bump-Fire
Stock, Undetectable Firearm, or
Short-Barreled Shotgun or Rifle
(RCW 9.41.190)

5
6
Promoting Prostitution 2 (RCW
9A.88.080)

7
8
Retail Theft with Special Circumstances
1 (RCW 9A.56.360(2))

9
10
Securities Act violation (RCW
21.20.400)

11
12
Tampering with a Witness (RCW
9A.72.120)

13
14
15
Telephone Harassment (subsequent
conviction or threat of death)
(RCW 9.61.230(2))

16 Theft of Livestock 2 (RCW 9A.56.083)
17
18
Theft with the Intent to Resell 1 (RCW
9A.56.340(2))

19
20
Trafficking in Catalytic Converters 2
(RCW 9A.82.200)

21
22
Trafficking in Stolen Property 2 (RCW
9A.82.055)

23
24
Unlawful Hunting of Big Game 1
(RCW 77.15.410(3)(b))

25
26
Unlawful Imprisonment (RCW
9A.40.040)

27
28
Unlawful Misbranding of Fish or
Shellfish 1 (RCW 77.140.060(3))

29
30
Unlawful possession of firearm in the
second degree (RCW 9.41.040(2))

31
32
Unlawful Taking of Endangered Fish or
Wildlife 1 (RCW 77.15.120(3)(b))

33
34
35
Unlawful Trafficking in Fish, Shellfish,
or Wildlife 1 (RCW
77.15.260(3)(b))

p. 18 HB 1744
1
2
Unlawful Use of a Nondesignated
Vessel (RCW 77.15.530(4))

3
4
5
6
Vehicular Assault, by the operation or
driving of a vehicle with disregard
for the safety of others (RCW
46.61.522)

7
8
II Commercial Fishing Without a License
1 (RCW 77.15.500(3)(b))

9 Computer Trespass 1 (RCW 9A.90.040)
10 Counterfeiting (RCW 9.16.035(3))
11
12
Electronic Data Service Interference
(RCW 9A.90.060)

13
14
Electronic Data Tampering 1 (RCW
9A.90.080)

15
16
Electronic Data Theft (RCW
9A.90.100)

17
18
Engaging in Fish Dealing Activity
Unlicensed 1 (RCW 77.15.620(3))

19
20
Escape from Community Custody
(RCW 72.09.310)

21
22
23
24
Failure to Register as a Sex Offender
(second or subsequent offense)
(RCW 9A.44.130 prior to June 10,
2010, and RCW 9A.44.132)

25
26
Health Care False Claims (RCW
48.80.030)

27 Identity Theft 2 (RCW 9.35.020(3))
28
29
Improperly Obtaining Financial
Information (RCW 9.35.010)

30 Malicious Mischief 1 (RCW 9A.48.070)
31
32
Organized Retail Theft 2 (RCW
9A.56.350(3))

33
34
Possession of Stolen Property 1 (RCW
9A.56.150)

35
36
Possession of a Stolen Vehicle (RCW
9A.56.068)

p. 19 HB 1744
1
2
3
Possession, sale, or offering for sale of
seven or more unmarked catalytic
converters (RCW 9A.82.180(5))

4
5
Retail Theft with Special Circumstances
2 (RCW 9A.56.360(3))

6
7
8
9
Scrap Processing, Recycling, or
Supplying Without a License
(second or subsequent offense)
(RCW 19.290.100)

10 Theft 1 (RCW 9A.56.030)
11
12
Theft of a Gift Card 1 (section 2(1)(a) of
this act)

13
14
Theft of a Motor Vehicle (RCW
9A.56.065)

15
16
17
18
Theft of Rental, Leased, Lease-
purchased, or Loaned Property
(valued at $5,000 or more) (RCW
9A.56.096(5)(a))

19
20
Theft with the Intent to Resell 2 (RCW
9A.56.340(3))

21
22
Trafficking in Insurance Claims (RCW
48.30A.015)

23
24
25
Unlawful factoring of a credit card or
payment card transaction (RCW
9A.56.290(4)(a))

26
27
28
Unlawful Participation of Non-Indians
in Indian Fishery (RCW
77.15.570(2))

29
30
Unlawful Practice of Law (RCW
2.48.180)

31
32
Unlawful Purchase or Use of a License
(RCW 77.15.650(3)(b))

33
34
35
Unlawful Trafficking in Fish, Shellfish,
or Wildlife 2 (RCW
77.15.260(3)(a))

p. 20 HB 1744
1
2
Unlawful Use of a Gift Card 1 (section
2(2)(a) of this act)

3
4
Unlicensed Practice of a Profession or
Business (RCW 18.130.190(7))

5 V oyeurism 1 (RCW 9A.44.115)
6
7
I Attempting to Elude a Pursuing Police
Vehicle (RCW 46.61.024)

8
9
False Verification for Welfare (RCW
74.08.055)

10 Forgery (RCW 9A.60.020)
11
12
13
Fraudulent Creation or Revocation of a
Mental Health Advance Directive
(RCW 9A.60.060)

14 Gift Card Fraud (section 4 of this act)
15 Malicious Mischief 2 (RCW 9A.48.080)
16 Mineral Trespass (RCW 78.44.330)
17
18
Possession of Stolen Property 2 (RCW
9A.56.160)

19 Reckless Burning 1 (RCW 9A.48.040)
20
21
Spotlighting Big Game 1 (RCW
77.15.450(3)(b))

22
23
Suspension of Department Privileges 1
(RCW 77.15.670(3)(b))

24
25
Taking Motor Vehicle Without
Permission 2 (RCW 9A.56.075)

26 Theft 2 (RCW 9A.56.040)
27
28
Theft from a Vulnerable Adult 2 (RCW
9A.56.400(2))

29
30
Theft of a Gift Card 2 (section 2(1)(b)
of this act)

31
32
33
34
35
Theft of Rental, Leased, Lease-
purchased, or Loaned Property
(valued at $750 or more but less
than $5,000) (RCW
9A.56.096(5)(b))

p. 21 HB 1744
1
2
3
Transaction of insurance business
beyond the scope of licensure
(RCW 48.17.063)

4
5
Unlawful Fish and Shellfish Catch
Accounting (RCW 77.15.630(3)(b))

6
7
Unlawful Issuance of Checks or Drafts
(RCW 9A.56.060)

8
9
Unlawful Possession of Fictitious
Identification (RCW 9A.56.320)

10
11
Unlawful Possession of Instruments of
Financial Fraud (RCW 9A.56.320)

12
13
Unlawful Possession of Payment
Instruments (RCW 9A.56.320)

14
15
16
Unlawful Possession of a Personal
Identification Device (RCW
9A.56.320)

17
18
Unlawful Production of Payment
Instruments (RCW 9A.56.320)

19
20
21
22
Unlawful Releasing, Planting,
Possessing, or Placing Deleterious
Exotic Wildlife (RCW
77.15.250(2)(b))

23
24
Unlawful Trafficking in Food Stamps
(RCW 9.91.142)

25
26
Unlawful Use of a Gift Card 2 (section
2(2)(b) of this act)

27
28
Unlawful Use of Food Stamps (RCW
9.91.144)

29
30
Unlawful Use of Net to Take Fish 1
(RCW 77.15.580(3)(b))

31 Vehicle Prowl 1 (RCW 9A.52.095)
32
33
Violating Commercial Fishing Area or
Time 1 (RCW 77.15.550(3)(b))

--- END ---
p. 22 HB 1744