Chapter 9.07
OFFENSES AGAINST GOVERNMENTAL ORDER

Sections:

9.07.000    Adoption by reference.

9.07.001    Adoption by reference – Personal protection spray devices – Weapons.

9.07.002    Adoption by reference – Gambling.

9.07.010    Complicity.

9.07.020    Escape.

9.07.030    Failure to appear.

9.07.040    False reporting.

9.07.050    Obstructing a public servant.

9.07.060    Refusal to aid a peace officer.

9.07.070    Refusal to sign citation.

9.07.080    Rendering criminal assistance.

9.07.090    Resisting arrest.

9.07.100    Violation of probation – Arrest.

9.07.110    Weapons – Carrying concealed pistol.

9.07.120    Weapons – Carrying or displaying dangerous weapon.

9.07.130    Weapons – Carrying loaded pistol in vehicle.

9.07.140    Weapons – Carrying unloaded pistol in vehicle.

9.07.150    Weapons – Discharging or aiming firearm.

9.07.000 Adoption by reference.

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

RCW

9.27.015    Interference, obstruction of any court, building or residence – Violation

9.40.100    Tampering with fire alarm or firefighting equipment

9A.72.010    Definitions

9A.72.040    False swearing

9A.72.060    False swearing – Retraction

9A.72.070    False swearing – Irregularities no defense

9A.72.080    Statement of what one knows not to be true

9A.72.085    Unsworn statements, certification

9A.72.140    Jury tampering

9A.72.150    Tampering with physical evidence

9A.76.010    Definitions

9A.76.020    Obstructing a law officer

9A.76.030    Refusing to summon aid for a peace officer

9A.76.040    Resisting arrest

9A.76.050    Rendering criminal assistance

9A.76.060    Relative defined

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

9A.76.100    Compounding

9A.76.130    Escape

9A.76.175    Making false or misleading statement to public servant

9A.84.010     Riot

9A.84.020     Failure to disperse

9A.84.030    Disorderly conduct

9A.84.040     False reporting

(Ord. 1432 § 1, 2007)

9.07.001 Adoption by reference – Personal protection spray devices – Weapons.

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

RCW

9.41.270    Weapons apparently capable of producing bodily harm – Unlawful carrying or handling – Penalty – Exceptions

9.91.160    Personal protection spray device

(Ord. 1432 § 1, 2007)

9.07.002 Adoption by reference – Gambling.

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

RCW

9.46.190    Deceptive or fraudulent act

9.46.196    Cheating

9.46.198    Working in gambling activity without license

9.46.217    Gambling records

9.46.222    Professional gambling

9.46.240    Gambling information, transmitting or receiving

(Ord. 1432 § 1, 2007)

9.07.010 Complicity.

A.    A person is guilty of complicity if a criminal act is committed by another person for which he or she is legally accountable.

B.    A person is legally accountable for the conduct of another person when:

1.    Acting with the culpability that is sufficient for the commission of the crime, he or she causes an innocent or irresponsible person to engage in such conduct; or

2.    He or she is made accountable for the conduct of such other person by this title or by the law defining the crime; or

3.    He or she is an accomplice of such other person in the commission of the crime.

C.    A person is an accomplice of another person in the commission of a crime if:

1.    With knowledge that it will promote or facilitate the commission of a crime, he or she solicits, commands, encourages or requests such other person to commit it; or aids or agrees with such other person in planning or committing it; or

2.    His or her conduct is expressly declared by law to establish complicity.

D.    A person who is legally incapable of committing a particular crime himself or herself may be guilty thereof if it is committed by another person for which he or she is legally accountable, unless such liability is inconsistent with the purpose of the provision establishing his or her incapacity.

E.    Unless otherwise provided by this title or by the law defining the crime, a person is not guilty of complicity if:

1.    He or she is a victim of that crime; or

2.    He or she terminates his or her complicity prior to the commission of the crime, and either gives timely warning to the law enforcement authorities or otherwise makes a good faith effort to prevent the commission of the crime.

F.    A person legally accountable for the conduct of another person may be convicted by proof of commission of the crime and of his or her complicity therein, though the person claimed to have committed the crime has not been prosecuted or convicted or has been convicted of a different crime or degree of crime or has an immunity to prosecution or conviction or has been acquitted. (Ord. 1432 § 1, 2007; Ord. 824 § 1, 1987)

9.07.020 Escape.

A person is guilty of escape if he or she, without lawful authority, intentionally removes himself or herself from official detention or fails to return to official detention following temporary leave granted for a specific purpose or limited period. (Ord. 1432 § 1, 2007; Ord. 824 § 1, 1987)

9.07.030 Failure to appear.

A person is guilty of failure to appear if he or she knowingly fails without lawful excuse to appear in court after having been released by court order or admitted to bail with the requirement of a subsequent personal appearance before the court. Unless otherwise established, the failure to appear when required shall be inferred to have been without lawful excuse. (Ord. 1432 § 1, 2007; Ord. 824 § 1, 1987)

9.07.040 False reporting.

A person is guilty of false reporting if he or she knowingly initiates or circulates a false report or warning of an alleged or impending occurrence of a fire, explosion, crime, catastrophe or other emergency. (Ord. 1432 § 1, 2007; Ord. 824 § 1, 1987)

9.07.050 Obstructing a public servant.

A person is guilty of obstructing a public servant if he or she knowingly hinders, delays or obstructs any police officer or other public servant in the discharge of his or her official powers or duties. (Ord. 1432 § 1, 2007; Ord. 824 § 1, 1987)

9.07.060 Refusal to aid a peace officer.

A person is guilty of refusing to summon aid for a peace officer if he or she unreasonably refuses or fails to summon aid for a person he or she knows to be a law enforcement officer. (Ord. 1432 § 1, 2007; Ord. 824 § 1, 1987)

9.07.070 Refusal to sign citation.

A person is guilty of refusing to sign a citation if he or she is arrested or cited and refuses to sign a written promise to appear in court. (Ord. 1432 § 1, 2007; Ord. 824 § 1, 1987)

9.07.080 Rendering criminal assistance.

A person is guilty of rendering criminal assistance if, with intent to prevent, hinder or delay the apprehension or prosecution of another person who has either committed a misdemeanor, gross misdemeanor or juvenile offense or has escaped from detention or custody for such a crime or offense, he or she:

A.    Harbors or conceals such person; or

B.    Warns such person of impending discovery or apprehension; or

C.    Provides such person with money, transportation, disguise or other means of avoiding discovery or apprehension; or

D.    Prevents or obstructs, by use of force, deception or threat, anyone from performing an act that might aid in the discovery or apprehension of such person; or

E.    Conceals, alters or destroys any physical evidence that might aid in the discovery or apprehension of such person; or

F.    Provides such person a weapon. (Ord. 1432 § 1, 2007; Ord. 824 § 1, 1987)

9.07.090 Resisting arrest.

A person is guilty of resisting arrest if he or she intentionally prevents, attempts to prevent or resists the efforts of a peace officer lawfully making an arrest. (Ord. 1432 § 1, 2007; Ord. 824 § 1, 1987)

9.07.100 Violation of probation – Arrest.

Whenever a duly commissioned police officer of the Police Department shall have probable cause to believe that a probationer, prior to the termination of the period of his or her probation, is in such officer’s presence violating or failing to comply with any requirement or restriction imposed by the court or the probation officer under the terms of a deferred or suspended sentence or prosecution, the police officer may arrest the probationer without warrant or other process. (Ord. 1432 § 1, 2007; Ord. 824 § 1, 1987)

9.07.110 Weapons – Carrying concealed pistol.

A person is guilty of carrying a concealed pistol if he or she carries a concealed pistol on his or her person without a concealed weapon permit unless it is in his or her place of business or place of abode. (Ord. 1432 § 1, 2007; Ord. 824 § 1, 1987)

9.07.120 Weapons – Carrying or displaying dangerous weapon.

A person is guilty of carrying or displaying a dangerous weapon if he or she carries, displays or draws any firearm, dagger, sword, knife or other cutting or stabbing instrument, club or any other weapon apparently capable of producing bodily harm, in a manner, under circumstances, and at a time and place that either manifests an intent to intimidate another person or that warrants alarm for the safety of other persons. This section shall not apply to or affect the following:

A.    Any act committed by a person while in his or her place of abode or fixed place of business;

B.    Any person who by virtue of his or her office or public employment is vested by law with a duty to preserve public safety, maintain public order or to make arrests for offenses, while in the performance of such duty;

C.    Any person acting for the purpose of protecting himself or herself against the use of presently threatened unlawful force by another, or for the purpose of protecting another against the use of such unlawful force by a third person;

D.    Any person making or assisting in making a lawful arrest for the commission of a felony; or

E.    Any person engaged in military activities sponsored by the federal or state governments. (Ord. 1432 § 1, 2007; Ord. 824 § 1, 1987)

9.07.130 Weapons – Carrying loaded pistol in vehicle.

A person is guilty of carrying a loaded pistol in a vehicle if he or she carries or places a loaded pistol in any vehicle unless the person has a license to carry a concealed weapon and:

A.    The pistol is on the licensee’s person within the vehicle at all times; or

B.    The pistol is locked within the vehicle and concealed from view from outside the vehicle whenever the licensee is outside the vehicle. (Ord. 1432 § 1, 2007; Ord. 824 § 1, 1987)

9.07.140 Weapons – Carrying unloaded pistol in vehicle.

A person is guilty of carrying an unloaded pistol in a vehicle unless the unloaded pistol is locked within the vehicle and concealed from view from outside the vehicle. (Ord. 1432 § 1, 2007; Ord. 824 § 1, 1987)

9.07.150 Weapons – Discharging or aiming firearm.

A person is guilty of discharging or aiming a firearm if he or she aims a pistol, revolver or other firearm, whether loaded or not, at or toward any human being, or wilfully discharges any firearm, air gun or other weapon, or throws any deadly missile in a public place or in any place where any person might be endangered thereby, even though no injury results. (Ord. 1432 § 1, 2007; Ord. 824 § 1, 1987)