RCW 76.48.151 — Penalties—Affirmative defense.

1. (1) Except as provided in RCW 76.48.141, a person who violates a provision of this chapter is guilty of a gross misdemeanor punishable by a fine of not more than one thousand dollars, imprisonment in the county jail for up to three hundred sixty-four days, or by both a fine and imprisonment.

2. (2) In any prosecution for a violation of this chapter's requirements to obtain or possess a specialized forest products permit, true copy, bill of lading, authorization, or sales invoice, it is an affirmative defense, if established by the defendant by a preponderance of the evidence, that:

   1. (a) The specialized forest products were harvested from the defendant's own land; or
   2. (b) The specialized forest products were harvested with the permission of the landowner.

[ 2011 c 96 s 56; 2009 c 245 s 16; 2007 c 392 s 1; 1995 c 366 s 13; 1977 ex.s. c 147 s 10; 1967 ex.s. c 47 s 14. Formerly RCW 76.48.130.]

Notes:

Findings—Intent—2011 c 96: See note following RCW 9A.20.021.

Finding—Intent—2009 c 245: See note following RCW 76.48.011.

Severability—1995 c 366: See note following RCW 76.48.021.