State v. Mertens

RCW 77.15.500 establishes the elements of commercial fishing without a license while former RCW *82377.15.110(1) (1998), amended by Laws of 2002, ch. 127, § 2, listed conduct that constituted “acting for commercial purposes,” an element of the crime. At issue in this case is whether the statutory scheme created an unconstitutional irrebuttable presumption by requiring a fact finder to presume commercial intent from possession of more than three times the personal bag limit of geoducks. We recognize that former RCW 77.15.110(1) provided a technical definition of the “acting for commercial purposes”…