The court shall make a finding of fact of the special allegation or, if a jury is had, the jury shall, if it finds the defendant guilty, also find a special verdict as to the special allegation, in a criminal case where:

(1) The defendant has been convicted of trafficking in catalytic converters in the first degree; and

(2) There has been a special allegation pleaded and proven beyond a reasonable doubt that the defendant knowingly (a) trafficked seven or more catalytic converters that were removed from a motor vehicle without fulfilling the requirements under chapter 46.79 or 46.80 RCW for lawful transfer; or (b) purchased a catalytic converter that has been removed from a motor vehicle without possessing a valid scrap processor license under chapter 46.79 RCW or vehicle wrecker license under chapter 46.80 RCW, for the purpose of selling, transferring, or exchanging them online.

Effective date—Findings—Intent—2024 c 301: See notes following RCW 9A.82.180.