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Egging a felony? Rep. Bailey says that's
excessive, proposes bill
Legislation
would update malicious mischief damage thresholds
Should teenagers involved
in an overnight prank of egging homes and vehicles be charged with a
Class C felony?
If the damages are less than $500,
Rep.
Barbara Bailey says teens should be held accountable for
the crime with misdemeanor charges, community service, and subsequent
restitution, but she believes felony charges may be a bit excessive.
The House Public Safety
and Emergency Preparedness Committee today took testimony on legislation
introduced by Bailey that would more accurately reflect malicious
mischief charges and penalties.
House Bill 2133 would increase the thresholds for people charged
with malicious mischief.
Bailey cites a case
involving teenagers who were detained two years ago by Mount Vernon
police after they were caught throwing eggs at cars and homes. State law
provides that since the collective damages were more than $250, the
teens could each be charged with a felony level of malicious mischief.
"I was contacted by the
father of one of the teen-aged boys. This 17-year-old had no prior
involvement with the law and he admitted to the act. His family soon
found out that the boy was being charged with a felony for the egging
incident because the damages to clean the roofs and repair the paint on
the cars were above the $250 threshold," said Bailey, R-Oak Harbor. "The
law was put into effect in the 1970s. Since then, inflation has
increased the cost of most everything. The $250 threshold is outdated by
today's standards, so I'm proposing to update the law."
Bailey said the lower
thresholds are resulting in a longer backload in the courts which could
better serve the public by prosecuting more serious cases. Under Bailey's proposal,
the threshold to bring malicious mischief to a Class C felony level
would be increased to $500. For a malicious mischief Class B felony,
damages would have to equal or surpass $2,500. A person who causes
damages exceeding $100 could be charged with a misdemeanor under House
Bill 2133.
"I firmly believe that we
need to hold each and every person accountable for committing a crime.
In this case, the young man took an after-school job to pay out more
than $1,000 in restitution, attorney fees and paying into the crime
victims' compensation fund. It was an expensive lesson and one he's
likely not to repeat," said Bailey. "As his father wrote, 'Kids do dumb
things and should be held accountable, but not as felons for throwing
eggs.' The legislation I am proposing would continue to hold people
accountable, but it places a more realistic threshold to
make the punishment fit the crime."
The committee could take
action on the bill within the next several days.
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For more information, contact: John
Sattgast, Information Officer: (360) 786-7257
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