(1) A person is guilty of criminal street gang tagging and graffiti if he or she commits malicious mischief in the third degree under RCW 9A.48.090(1)(b) and he or she: (a) Has multiple current convictions for malicious mischief in the third degree offenses under RCW 9A.48.090(1)(b); or (b) Has previously been convicted for a malicious mischief in the third degree offense under RCW 9A.48.090(1)(b) or a comparable offense under a municipal code provision of any city or town; and (c) The current offense or one of the current offenses is a "criminal street gang-related offense" as defined in RCW 9.94A.030. (2) Criminal street gang tagging and graffiti is a gross misdemeanor offense.
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