Special allegation — Offense committed by criminal street gang member or associate — Procedures.
RCW 9.94A.829
in effectIn a criminal case in which the defendant has been convicted of unlawful possession of a firearm under RCW 9.41.040 , and there has been a special allegation pleaded and proven by a preponderance of the evidence that the accused is a criminal street gang member or associate as defined in RCW 9.94A.030 , 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 whether or not the accused was a criminal street gang member or associate during the commission of the crime.
In a criminal case in which the defendant has been convicted of unlawful possession of a firearm under RCW 9.41.040 , and there has been a special allegation pleaded and proven by a preponderance of the evidence that the accused is a criminal street gang member or associate as defined in RCW 9.94A.030 , 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 whether or not the accused was a criminal street gang member or associate during the commission of the crime.
Source: WA Statutes (Official Site)URL: https://app.leg.wa.gov/RCW/default.aspx?cite=9.94A&full=trueFetched: 6/28/2026