Chapter 9.94A RCW
Sentencing Reform Act of 1981
Applicable to Crimes Committed From May 11, 2009 - July 25, 2009
051109_072509
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 prosecuting attorney 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 in 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 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 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 ยง 302]
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