(1) An adult or emancipated minor who commits criminal street gang tagging and graffiti under RCW 9A.48.105 by causing physical damage to the property of another is liable in addition to actual damages, for a penalty to the owner in the amount of the value of the damaged property not to exceed one thousand dollars, plus an additional penalty of not less than one hundred dollars nor more than two hundred dollars, plus all reasonable attorneys’ fees and court costs expended by the owner.

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Terms Used In Washington Code 4.24.330

  • Conviction: A judgement of guilt against a criminal defendant.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • person: may be construed to include the United States, this state, or any state or territory, or any public or private corporation or limited liability company, as well as an individual. See Washington Code 1.16.080
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
(2) A conviction for violation of RCW 9A.48.105 is not a condition precedent to maintenance of a civil action authorized by this section.
(3) An owner demanding payment of a penalty under subsection (1) of this section shall give written notice to the person or persons from whom the penalty is sought.

NOTES:

SeverabilityPart headings, subheadings not law2008 c 276: See notes following RCW 36.28A.200.