Penalties โ€” Affirmative defense.

(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 a term not to exceed one year, or by both a fine and imprisonment.

(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:

(a) The specialized forest products were harvested from the defendant's own land; or

(b) The specialized forest products were harvested with the permission of the landowner.

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

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

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