Revised Code of Washington
Wash. Rev. Code § 9.94A.829 (2026)
✓ current as of May 2026
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In a criminal case in which the defendant has been convicted of unlawful possession of a firearm under RCW 9.41.040, and there has been a special allegation pleaded and proven by a preponderance of the evidence that the accused is a criminal street gang member or associate as defined in RCW 9.94A.030, the court shall make a finding of fact of the special allegation, or if a jury trial is had, the jury shall, if it finds the defendant guilty, also find a special verdict as to whether or not the accused was a criminal street gang member or associate during the commission of the crime.
[ 2009 c 28 s 16.]
Notes:
Effective date—2009 c 28: See note following RCW 2.24.040.
Notes of Decisions
Cited in 1
case, 2013–2013 · leading case: State of Washington v. Jose Luis Nieves (Wash. Ct. App. 2013).
State of Washington v. Jose Luis Nieves (Wash. Ct. App. 2013). “Nieves's unlawful possession of a firearm and his use of the firearm against Officer Slabach. The evidence was relevant for each of these purposes.”
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