STATE v. BASH

No. 63828-4.

925 P.2d 978 (1996)

130 Wash.2d 594

The STATE of Washington, Petitioner, v. Edward Dean BASH and Lawrence Edward Delzer, Respondents.

Supreme Court of Washington, En Banc.

Decided November 7, 1996.


Attorney(s) appearing for the Case

Jeffrey C. Sullivan, Yakima County Prosecutor, Bruce Hanify, Deputy, Yakima, for petitioner.

Kirschenmann, Devin, Fortier & Raber, Kenneth W. Raber, Moore, Thompson & Scott, John S. Moore, Jr., Yakima, for respondents.


MADSEN, Justice.

Respondents Lawrence E. Delzer and Edward D. Bash were charged by information with violating RCW 16.08.100(3), which provides that the owner of a dog which aggressively attacks and causes severe injury or death of a human being is guilty of a class C felony. The trial court concluded that the statute sets forth a strict liability offense but that a defendant may assert as an affirmative defense that he or she neither knew nor should have known that...

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