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Chapter 9.94A RCW
Sentencing Reform Act of 1981
Applicable to Crimes Committed From May 14, 2001 to June 30, 2001

051401_063001


RCW 9.94A.128
Methamphetamine -- Manufacturing with child on premises -- Special allegation.

In a criminal case where:

(1) The defendant has been convicted of (a) manufacture of a controlled substance under RCW 69.50.401(a) relating to manufacture of methamphetamine; or (b) possession of ephedrine or pseudoephedrine with intent to manufacture methamphetamine, as defined in RCW 69.50.440; and

(2) There has been a special allegation pleaded and proven beyond a reasonable doubt that the defendant committed the crime when a person under the age of eighteen was present in or upon the premises of manufacture;

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 the special allegation.

[2000 c 132 ยง 1. Recodified in 2001 as RCW 9.94A.605.]

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