Chapter 6A.06
CRIMES AGAINST PROPERTY

Sections:

6A.06.010 Third degree theft.

6A.06.020 Possession of stolen property.

6A.06.030 Value defined.

6A.06.040 Unlawful issuance of bank checks.

6A.06.050 Making or having burglary tools.

6A.06.060 Vehicle prowling.

6A.06.070 Trespass.

6A.06.080 Encumbered, leased or rented personal property.

6A.06.090 Malicious mischief.

6A.06.100 Frauds on innkeepers and business establishments.

6A.06.010 Third degree theft.

(1) A person is guilty of theft in the third degree if he commits theft of property or services which does not exceed $250.00 in value.

(2) Theft in the third degree is a gross misdemeanor.

(3) “Theft” means:

(a) To wrongfully obtain or exert unauthorized control over the property or services of another or the value thereof, with intent to deprive him of such property or services; or

(b) By color or aid of deception to obtain control over the property or services of another or the value thereof, with intent to deprive him of such property or services; or

(c) To appropriate lost or misdelivered property or services of another, or the value thereof, with intent to deprive him of such property or services.

(4) In any prosecuting for theft, it shall be a sufficient defense that the property or service was appropriated openly and avowedly under a claim of title made in good faith, even though the claim be untenable.

(5) “Appropriate lost or misdelivered property or services” means obtaining or exerting control over the property or services of another which the actor knows to have been lost or mislaid, or to have been delivered under a mistake as to identity of the recipient or as to the nature or amount of the property.

(6) “By color or aid of deception” means that the deception operated to bring about the obtaining of the property or services; it is not necessary that deception be the sole means of obtaining the property or services.

(7) “Obtain control over” in addition to its common meaning, means:

(a) In relation to property, to bring about a transfer or purported transfer to the obtainer or another of a legally recognized interest in the property; or

(b) In relation to labor or service, to secure performance thereof for the benefits of the obtainer or another.

(8) “Wrongfully obtains” or “exerts unauthorized control” means:

(a) To take the property or services of another; or

(b) Having any property or services in one’s possession, custody or control as bailee, factor, pledgee, servant, attorney, agent, employee, trustee, executor, administrator, guardian, or officer of any person, estate, association, or corporation, or as a public officer, or person authorized by agreement or competent authority to take or hold such possession, custody, or control, to secrete, withhold or appropriate the same to his own use or to the use of any person other than the true owner or person entitled thereto. (Ord. 2652 § 13, 1986; Ord. 2419 § 1.01, 1980)

6A.06.020 Possession of stolen property.

(1) A person is guilty of possessing stolen property if he possesses stolen property which does not exceed $250.00 in value.

(2) Possession of stolen property is a gross misdemeanor.

(3) “Possessing stolen property” means knowingly to receive, retain, possess, conceal, or dispose of stolen property knowing that it has been stolen and to withhold or appropriate the same to the use of any person other than the true owner or person entitled thereto.

(4) The fact that the person who stole the property has not been convicted, apprehended, or identified is not a defense to a charge of possessing stolen property. (Ord. 2652 § 14, 1986; Ord. 2419 § 1.01, 1980)

6A.06.030 Value defined.

(1) “Value” means the market value of the property or services at the time and in the approximate area of the criminal act.

(2) Whether or not they have been issued or delivered, written instruments, except those having a readily ascertained market value, shall be evaluated as follows:

(a) The value of an instrument constituting an evidence of debt, such as a check, draft, or promissory note, shall be deemed the amount due or collectible thereon or thereby, that figure ordinarily being the face amount of the indebtedness less any portion thereof which has been satisfied;

(b) The value of a ticket or equivalent instrument which evidences a right to receive transportation, entertainment, or other service shall be deemed the price stated thereon, if any; and if no price is stated thereon, the value shall be deemed the price of such ticket or equivalent instrument which the issuer charged the general public;

(c) The value of any other instrument that creates, releases, discharges, or otherwise affects any valuable legal right, privilege, or obligation shall be deemed the greatest amount of economic loss which the owner of the instrument might reasonably suffer by virtue of the loss of the instrument.

(3) Property or services having value that cannot be ascertained pursuant to the standards set forth above shall be deemed to be of a value not exceeding $250.00. (Ord. 2652 § 15, 1986; Ord. 2419 § 1.01, 1980)

6A.06.040 Unlawful issuance of bank checks.

(1) Any person who does with intent to defraud, make, or draw, or utter, or deliver to another person any check, or draft, on a bank or other depository for the payment of money, knowing at the time of such drawing or delivery, that he has not sufficient funds in, or credit with said bank or other depository, to meet said check or draft, in full upon its presentation, shall be guilty of unlawful issuance of bank check. The word “credit” as used herein shall be construed to mean an arrangement or understanding with the bank or other depository for the payment of such check or draft, and the uttering or delivery of such a check or draft to another person without such fund or credit to meet the same shall be prima facie evidence of an intent to defraud.

(2) Any person who shall with intent to defraud, make, or draw, or utter, or deliver to another person any check, or draft on a bank or other depository for the payment of money and who issues a stop-payment order directing the bank or depository on which the check is drawn not to honor said check, and who fails to make payment of money in the amount of the check or draft or otherwise arrange a settlement agreed upon by the holder of the check within 20 days of issuing said check or draft shall be guilty of unlawful issuance of a bank check.

(3) Unlawful issuance of a bank check in an amount of $250.00 or less is a gross misdemeanor and shall be punished as follows:

(a) The court shall order the defendant to make full restitution;

(b) The defendant need not be imprisoned, but the court shall impose a minimum fine of $500.00. Of the fine imposed, at least $50.00 shall be suspended or deferred. Upon conviction for a second offense within any 12-month period, the court may suspend or defer only that portion of the fine which is in excess of $500.00. (Ord. 2652 § 16, 1986; Ord. 2419 § 1.01, 1980)

6A.06.050 Making or having burglary tools.

Every person who shall make or mend or cause to be made or mended, or have in his possession, any engine, machine, tool, false key, pick lock, bit, nippers, or implement adapted, designed, or commonly used for the commission of burglary under circumstances evincing an intent to use or employ, or allow the same to be used or employed in the commission of a burglary, or knowing that the same is intended to be so used, shall be guilty of making or having burglar tools. (Ord. 2652 § 17, 1986; Ord. 2419 § 1.01, 1980)

6A.06.060 Vehicle prowling.

(1) A person is guilty of vehicle prowling if, with intent to commit a crime against a person or property therein, he enters or remains unlawfully in a vehicle other than a motor home, as defined in RCW 46.04.305, or a vessel equipped for propulsion by mechanical means or by sale which has a cabin equipped with permanently installed sleeping quarters or cooking facilities.

(2) Vehicle prowling is a gross misdemeanor. (Ord. 2652 § 18, 1986; Ord. 2419 § 1.01, 1980)

6A.06.070 Trespass.

It is unlawful for any person to knowingly enter or remain, unlawfully, in or upon the premises of another. For the purposes of this section a person “enters or remains, unlawfully,” in or upon the premises of another when he is not then licensed, invited, or otherwise privileged to so enter or remain. Every person convicted of a violation of the provisions of this section shall be guilty of trespass, a misdemeanor. (Ord. 2419 § 1.01, 1980)

6A.06.080 Encumbered, leased or rented personal property.

(1) Every person being in possession thereof, who shall sell, remove, conceal, convert to his own use, or destroy or connive at or consent to the sale, removal, conversion, concealment or destruction of any personal property or any part thereof, upon which a security agreement, mortgage, lien, conditional sales contract, rental agreement, or lease exists, with intent to hinder, delay, or defraud the secured party of such security agreement, or the holder of such mortgage, lien, or conditional sales contract or the lessor under such lease or rentor of such rental agreement, mortgage, lien, conditional sales contract, rental agreement or lease shall be guilty of a gross misdemeanor.

(2) In any prosecution under this section any allegation containing a description of the security agreement, mortgage, lien, conditional sales contract, rental agreement or lease by reference to the date thereof and names of the parties thereto, shall be sufficiently definite and certain.

(3) The provisions of this section shall be cumulative and nonexclusive and shall not affect any other criminal provision. (Ord. 2652 § 38, 1986)

6A.06.090 Malicious mischief.

A person is guilty of malicious mischief if he knowingly and maliciously causes physical damage in the amount of $250.00 or less to the property of another. Malicious mischief is a gross misdemeanor if the damage to the property is in an amount exceeding $50.00; otherwise, it is a misdemeanor. (Ord. 2652 § 20, 1986; Ord. 2419 § 1.01, 1980)

6A.06.100 Frauds on innkeepers and business establishments.

Every person who shall obtain any food, lodging or accommodation at any hotel, restaurant, boardinghouse or lodginghouse without paying therefor, with intent to defraud the proprietor or manager thereof, or who shall obtain credit at a hotel, restaurant, boardinghouse or lodginghouse by color or aid of any false pretense, representation, token or writing, or who after obtaining board, lodging or accommodation at a hotel, restaurant, boardinghouse or lodginghouse, shall abscond or surreptitiously remove his baggage therefrom without paying for such food, lodging or accommodation, shall be guilty of a misdemeanor. (Ord. 2652 § 21, 1986; Ord. 2419 § 1.01, 1980)