State v. Larson

Summary

The Washington Supreme Court held that ordinary, unmodified wire cutters are not items or devices "designed to overcome security systems" under former RCW 9A.56.360(1)(b). Because the evidence was insufficient to support Zachary Larson's conviction for retail theft with extenuating circumstances, the court reversed the Court of Appeals.

Holdings

1. An item, article, implement, or device is designed to overcome security systems only if it was created, by the manufacturer or the defendant, with the specialized purpose of disabling or evading security systems. Ordinary, unmodified tools such as wire cutters or pliers do not fall within the statute.
2. The evidence was insufficient to support Larson's conviction for retail theft with extenuating circumstances because ordinary wire cutters did not satisfy the statutory requirement that the defendant possess a device designed to overcome security systems.

Questions Presented

1. Whether ordinary, unmodified wire cutters are an item, article, implement, or device designed to overcome security systems under RCW 9A.56.360(1)(b).
2. Whether the evidence was sufficient to support Larson's conviction for retail theft with extenuating circumstances.

Disposition

reversed