Chapter 9.05
OFFENSES AGAINST PERSONS

Sections:

9.05.010    Neglect of a child or dependent person.

9.05.020    Provoking assault.

9.05.030    Disorderly conduct.

9.05.040    Placing a person in fear or apprehension by threat.

9.05.050    Violation of order also contempt.

9.05.010 Neglect of a child or dependent person.

A.    A person is guilty of the crime of neglect of a child or dependent person if the person is a parent of a child, a person entrusted with the physical custody of a child or other dependent person, or a person employed to provide to the child or dependent person any of the basic necessities of life, and with criminal negligence, the person:

1.    Withholds any of the basic necessities of life; or

2.    Maintains living conditions that place the child or dependent person at a significant risk of disease, illness, or bodily injury; or

3.    Supervises the child or dependent person and:

a.    As a result of such supervision, the child or dependent person suffers bodily injury; or

b.    The supervision creates a substantial risk that the child or dependent person will suffer bodily injury; or

4.    Fails to supervise the child or dependent person, and:

a.    As a result of such failure, the child or dependent person suffers bodily injury; or

b.    Such failure creates a substantial risk that the child or dependent person will suffer bodily injury.

B.    In any prosecution for neglect of a child or dependent person, it shall be a defense that the withholding of the basic necessities of life or the maintenance of living conditions that place the child or dependent person at a significant risk of disease, illness, or bodily injury is due to financial inability     only if the person charged has made a reasonable effort to obtain adequate assistance. This defense is available to a person employed to provide the basic necessities of life only when the agreed-upon payment has not been made.

C.    A person is criminally negligent or acts with criminal negligence when he or she fails to be aware of a substantial risk that a wrongful act may occur and his or her failure to be aware of such substantial risk constitutes a gross deviation from the standard of care that a reasonable person would exercise in the same situation.

D.    Child means a person under 18 years of age.

E.    Dependent person means a person who, because of physical or mental disability or because of advanced age, is dependent upon another person to provide the basic necessities of life. A resident of a nursing home as defined in RCW 18.51.010, a resident of an adult family home as defined in RCW 70.128.010, and a frail elderly or vulnerable adult as defined in RCW 74.34.020(8) is presumed to be a dependent person for purposes of this section.

F.    For the purposes of this section, bodily injury means physical pain, injury, illness, or impairment of physical condition that is more than minor or transient.

G.    Neglect of a child or dependent person is a gross misdemeanor. (Ord. 1911 § 2, 2003).

9.05.020 Provoking assault.

Every person who shall, by word, sign or gesture, willfully provoke or attempt to provoke another person to commit an assault or breach of the peace shall be guilty of a misdemeanor. (Ord. 1911 § 2, 2003).

9.05.030 Disorderly conduct.

A.    A person is guilty of disorderly conduct if he or she:

1.    Uses abusive language and thereby intentionally creates a risk of assault;

2.    Intentionally disrupts or disturbs any lawful assembly or meeting of persons without lawful authority;

3.    Intentionally engages in any conduct which tends to or does disturb the public peace, provoke disorder, or endanger the safety of others;

4.    Intentionally obstructs pedestrian or vehicular traffic without lawful authority; or

5.    Is found to be engaged in any fight or brawl.

B.    The following definition shall apply in this section:

1.    “Obstruct pedestrian or vehicular traffic” means to walk, stand, sit, lie, grasp a person, or place an object in such a manner as to block passage by another person or a vehicle, or to require another person or a driver of a vehicle to take evasive action to avoid physical contact. Acts authorized as an exercise of one’s constitutional right to picket or legally protest shall not constitute obstruction of pedestrian or vehicular traffic.

C.    Disorderly conduct is a misdemeanor. (Ord. 1911 § 2, 2003).

9.05.040 Placing a person in fear or apprehension by threat.

A.    Every person who shall intentionally place or attempt to place another person in reasonable fear or apprehension of bodily harm by means of a threat shall be guilty of a misdemeanor.

B.    For purposes of this section, “threat” means to communicate, directly or indirectly, by act, word, or deed, whether written, spoken or otherwise communicated, the intent to imminently:

1.    Cause bodily injury to the person threatened or any other person; or

2.    Cause physical damage to the property of a person other than the person making the threat; or

3.    Subject the person threatened or any other person to physical confinement or restraint.

C.    Any threat as defined in this section is deemed to have been committed at the place from which the threat or threats were made or at the place where the threat or threats were received.

D.    Placing a person in fear or apprehension by threat is a misdemeanor, and may be punished by a fine not to exceed $1,000. (Ord. 1911 § 2, 2003).

9.05.050 Violation of order also contempt.

The violation of any no contact order issued by the court pursuant to Chapter 10.99 RCW shall also constitute contempt of court, and is subject to the penalties prescribed by law. (Ord. 1911 § 2, 2003).