[ZPinhead]

_____________________________________________
HOUSE BILL 1243
_____________________________________________
State of Washington 60th Legislature 2007 Regular Session
By Representatives Strow, Kirby, Upthegrove, B. Sullivan, Simpson and
Appleton
Read first time 01/15/2007. Referred to Committee on Commerce & Labor.


AN ACT Relating to providing an affirmative defense to unlawful
internet gambling if the defendant committed the offense in his or her
primary residence; and amending RCW 9.46.240.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 9.46.240 and 2006 c 290 s 2 are each amended to read
as follows:
(1) Whoever knowingly transmits or receives gambling information by
telephone, telegraph, radio, semaphore, the internet, a
telecommunications transmission system, or similar means, or knowingly
installs or maintains equipment for the transmission or receipt of
gambling information shall be guilty of a class C felony subject to the
penalty set forth in RCW 9A.20.021. However, this section shall not
apply to such information transmitted or received or equipment
installed or maintained relating to activities authorized by this
chapter or to any act or acts in furtherance thereof when conducted in
compliance with the provisions of this chapter and in accordance with
the rules adopted under this chapter.

(2) In a prosecution for a violation of this section, it is an
affirmative defense, which the defendant must prove by a preponderance
of the evidence, that the defendant transmitted or received the
gambling information over the internet, or that the defendant installed
or maintained equipment for the transmission or receipt of gambling
information over the internet, in his or her primary residence for
recreational purposes. For purposes of this subsection, "recreational
purposes" means for the defendant's own enjoyment and not as part of an
enterprise that derives income from operating an internet web site that
transmits or receives gambling information.