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A Washington licensee breaches the advertising provisions in 2026 and asks what the criminal exposure is. What criminal classification does the chapter assign to this non-trust-account violation?

Correct Answer

C) A misdemeanor, since the felony attaches only to the trust account section

Any person who violates any provision of the chapter other than the trust account section, or any rule or order of the director, is guilty of a misdemeanor, while a violation of the trust account section is a class C felony. Other choices: the felony is reserved for the trust account section; criminal exposure plainly exists; and a referral is how a charge is brought rather than what creates the offense. Source: RCW 19.146.110 and 19.146.050(5)

Answer Options
A
A class C felony, because every violation of this chapter carries that classification
B
No criminal exposure, because the chapter is enforced administratively
C
A misdemeanor, since the felony attaches only to the trust account section
D
A misdemeanor only where the department refers the matter for charging

Why This Is the Correct Answer

Any person who violates any provision of the chapter other than the trust account section, or any rule or order of the director, is guilty of a misdemeanor, while a violation of the trust account section is a class C felony. Other choices: the felony is reserved for the trust account section; criminal exposure plainly exists; and a referral is how a charge is brought rather than what creates the offense. Source: RCW 19.146.110 and 19.146.050(5)

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