Chapter 10.06
CRIMINAL LIABILITY AND DEFENSES

Sections:

10.06.005    Adoption by reference.

10.06.020    Requirement of a voluntary act.

10.06.040    Divergence between result contemplated and actual result.

10.06.050    Divergence between probable and actual result.

10.06.060    Construction of ordinance with respect to culpability.

10.06.005 Adoption by reference.

The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:

RCW

9A.08.010    General requirements of culpability.

9A.08.020    Liability for conduct of another – Complicity.

9A.08.030    Criminal liability of corporations and persons acting under a duty to act in their behalf.

9A.12.010    Insanity.

9A.16.020    Use of force – When lawful.

9A.16.060    Duress.

9A.16.070    Entrapment.

9A.16.080    Action for being detained on mercantile establishment premises for investigation – Reasonable grounds – As defense.

9A.16.090    Intoxication.

9A.16.100    Use of force on children.

9A.28.020    Criminal attempt.

9A.28.030    Criminal solicitation.

9A.28.040    Criminal conspiracy.

9A.76.070    Rendering criminal assistance in the first degree.

9A.76.080    Rendering criminal assistance in the second degree.

9A.76.090    Rendering criminal assistance in the third degree.

[Ord 10912 § 3, 1997].

10.06.020 Requirement of a voluntary act.

A. A person is not guilty of an offense unless his liability is based on conduct which includes a voluntary act or an omission to perform an act of which he is physically capable.

B. The possession of property is a voluntary act if the actor was aware of his physical possession of such property or was aware of his control thereof for a sufficient period to have been able to terminate his possession.

C. For purposes of this section:

1. “Voluntary act” means a bodily movement performed consciously as a result of the actor’s effort or determination.

2. “Omission” means a failure to perform an act as to which a duty of performance is imposed by law. [Ord. 10912 § 3, 1997].

10.06.040 Divergence between result contemplated and actual result.

When intentionally or knowingly causing a particular result is an element of an offense, the element is not established if the actual result is not within the purpose or the contemplation of the actor unless:

A. The actual result differs from that designed or contemplated, as the case may be, only in the respect that a different person or different property is injured or affected or that the injury or harm designed or contemplated would have been more serious or more extensive than that caused; or

B. The actual result involves the same kind of injury or harm as that designed or contemplated and is not too remote or accidental in its occurrence to have a bearing on the actor’s liability or on the gravity of his offense. [Ord. 10912 § 3, 1997].

10.06.050 Divergence between probable and actual result.

When recklessly or criminally negligently causing a particular result is an element of an offense, the element is not established if the actual result is not within the risk of which the actor is aware or, in the case of criminal negligence, of which he should be aware unless:

A. The actual result differs from the probable result only in the respect that a different person or different property is injured or affected or that the probable injury or harm would have been more serious or more extensive than that caused; or

B. The actual result involves the same kind of injury or harm as the probable result and is not too remote or accidental in its occurrence to have a bearing on the actor’s liability or on the gravity of his offense. [Ord. 10912 § 3, 1997].

10.06.060 Construction of ordinance with respect to culpability.

Where an ordinance defining an offense does not clearly indicate a legislative intent to impose absolute liability, it should be construed as defining an offense requiring criminal negligence. This section applies to all offenses defined by the ordinances of this city except those in BMC Title 11. [Ord. 10912 § 3, 1997].