Laserfiche WebLink
• <br /> possessing with intent to deliver, or manufacturing with intent to deliver <br /> drug paraphernalia, or who violates Section 10.35.060 by possessing <br /> marijuana, and the violation occurs in a school or on a school bus or <br /> within one thousand feet of a school bus route stop designated by the <br /> school district or within one thousand feet of the perimeter of the school <br /> grounds, in a public park or on a public transit vehicle, or in a public <br /> transit stop shelter may be punished by a fine of up to twice the fine <br /> otherwise authorized by this chapter, or by imprisonment of up to twice <br /> the imprisonment otherwise authorized by this chapter, or by both such <br /> fine and imprisonment. The provisions of this section shall not operate to <br /> more than double the fine or imprisonment otherwise authorized by this <br /> chapter for an offense. <br /> B. It is not a defense to a prosecution for a violation of this section <br /> that the person was unaware that the prohibited conduct took place while <br /> in a school or school bus or within one thousand feet of the school or <br /> school bus route stop, in a public park, on a public transit vehicle, or in a <br /> public transit stop shelter. <br /> C. It is not a defense to a prosecution for a violation of this section or <br /> any other prosecution under this chapter that persons under the age of <br /> eighteen were not present in the school, the school bus, the public park or <br /> the public transit vehicle, or at the school bus route stop or the public <br /> transit vehicle stop shelter at the time of the offense or that school was not <br /> in session. <br /> D. It is an affirmative defense to a prosecution for a violation of this <br /> section that the prohibited conduct took place entirely within a private <br /> residence, that no person under eighteen years of age or younger was <br /> present in such private residence at any time during the commission of the <br /> offense, and that the prohibited conduct did not involve delivering, <br /> manufacturing, selling or possessing with the intent to manufacture, sell or <br /> deliver any controlled substance in RCW 69.50.401(a) for profit. The <br /> affirmative defense established in this section shall be proved by the <br /> defendant by a preponderance of the evidence. This section shall not be <br /> construed to establish an affirmative defense with respect to a prosecution <br /> for an offense defined in any other section of this chapter. <br /> E. In a prosecution under this section, a map produced or reproduced <br /> by any municipal, school district or transit authority engineer for the <br /> purpose of depicting the location and boundaries of the area on or within <br /> one thousand feet of any property used for a school, school bus route stop, <br /> public park or public transit vehicle stop shelter, or a true copy of such a <br /> map, shall under proper authentication, be admissible and shall constitute <br /> prima facie evidence of the location and boundaries of those areas if the <br /> governing body of the municipality, school district or transit authority has <br /> adopted a resolution or ordinance approving the map as the official <br /> location and record of the location and boundaries of the area on or within <br /> one thousand feet of the school, school bus route stop, public park or <br /> public transit vehicle stop shelter. Any map approved under this section or <br /> 2 <br />