State v. Kutch – Case Brief Summary (Washington)

In State v. Kutch, 90 Wash. App. 244, 951 P.2d 1139 (Wash. Ct. App. 1998), the court held that written and verbal notice to the defendant operated to preclude him from entering a shopping mall.See 951 P.2d at 1140.

Additionally, the ban on the defendant's entering the mall allowed the state to prosecute the defendant for burglary. See 951 P.2d at 1142.

The Washington burglary statute is far different and does not have an exception for places open to the public as does the Florida statute.

Instead, the Washington statute defines a person who "enters or remains unlawfully in a building" as one who is "not then licensed, invited, or otherwise privileged to enter or remain." 951 P.2d at 1141.