Washington v. Larson (Majority)
Annotate this CasePetitioner Zachary Larson was convicted under the statute for committing retail theft while in possession of wire cutters. He used the wire cutters to remove a security tag from a pair of Nike shoes worth $32 at a Marshall's store in Bellingham. The State elected to charge Larson under RCW 9A.56.360(1)(b) rather than the ordinary theft statute. Larson argued on appeal that as a matter of law, wire cutters do not constitute a device "designed to overcome security systems" as required by the statute and, therefore, the evidence was insufficient to support his conviction for retail theft with extenuating circumstances. After review, the Washington Supreme Court held that the plain language of RCW 9A.56.360(1)(b) established the legislature's intent to target organized retail theft only where particular types of tools were utilized. "An item, article, implement, or device is 'designed to overcome security systems' if it is created-whether by the manufacturer or the defendant-with the specific purpose of disabling or evading security systems." The Court held that ordinary, unmodified wire cutters did not fall within this definition, so the evidence was insufficient to support petitioner Larson's conviction for retail theft with extenuating circumstances.
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