Chapter 9.04
PRELIMINARY ARTICLE
Sections
9.04.010 Short title.
9.04.020 Adoption by reference.
9.04.030 Applicability.
9.04.040 General provisions.
9.04.050 Principles of liability.
9.04.060 Defenses.
9.04.070 Contempt.
9.04.080 Classification of crimes – Penalties.
9.04.090 Construction.
9.04.100 Civil infractions, failure to sign, respond, appear, or pay penalty.
9.04.110 Prosecution costs.
9.04.120 Incarceration costs.
9.04.010 Short title.
This title is known as and may be referred to as the “criminal code.” [Ord. 1036 § 1, 1993.]
9.04.020 Adoption by reference.
(1) Washington state statutes and state and county regulations adopted by reference in this title are adopted pursuant to RCW 35A.12.140 as though fully set forth in this title, and as presently constituted or as may be subsequently amended.
(2) Not less than one copy of each such statute, code, or regulation as codified, and suitably marked to indicate amendments and additions, is filed in the office of the Des Moines city clerk and with the administrator of the Des Moines Municipal Court and is available for use and examination by the public. [Ord. 1036 § 2, 1993.]
9.04.030 Applicability.
(1) The provisions of this title shall apply to an offense committed on or after June 12, 1993, unless otherwise provided or unless the context otherwise requires, and shall also apply to a defense to prosecution for such an offense.
(2) The provisions of this title shall not apply to or govern the construction of and punishment for an offense committed prior to June 12, 1993, or to the construction and application of a defense to a prosecution for such an offense. Such an offense is construed and punished according to the provisions of law existing at the time of the commission thereof in the same manner as if this title had not been enacted. [Ord. 1036 § 3, 1993.]
9.04.040 General provisions.
The following state statutes are adopted by reference and are applicable within the city:
RCW
9.01.055 Citizen immunity if aiding officer, scope – When.
9.01.110 Omission, when not punishable.
9.01.120 Civil remedies preserved.
9.01.130 Sending letter, when complete.
9.01.160 Application to existing civil rights.
9A.04.020 Purposes – Principles of construction.
9A.04.030 State criminal jurisdiction.
9A.04.040 Classes of crime.
9A.04.050 People capable of committing crimes – Capability of children.
9A.04.060 Common law to supplement statute.
9A.04.070 Who amenable to criminal statutes.
9A.04.080 Limitation of actions.
9A.04.090 Application of general provisions of the code.
9A.04.100 Proof beyond a reasonable doubt.
9A.04.110 Definitions.
[Ord. 1036 § 4, 1993.]
9.04.050 Principles of liability.
The following state statutes are adopted by reference and are applicable within the city:
RCW
9A.08.010 General requirements of culpability.
9A.08.020 Liability of conduct of another – Complicity.
9A.08.030 Criminal liability of corporations and persons acting or under a duty to act in their behalf.
9A.16.110 Defense of person or property against heinous crime – Indemnification or reimbursement by state for expenses of defendant.
[Ord. 1036 § 5, 1993.]
9.04.060 Defenses.
The following state statutes are adopted by reference and are applicable within the city:
RCW
9A.12.010 Insanity.
9A.16.010 Definitions.
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 – Policy – Actions presumed unreasonable.
[Ord. 1036 § 6, 1993.]
9.04.070 Contempt.
The following state statutes are adopted by reference and are applicable within the city:
RCW
7.21.010 Definitions.
7.21.020 Sanctions – Who may impose.
7.21.030 Remedial Sanctions – Payment for losses.
7.21.040 Punitive Sanctions – Fines.
7.21.050 Sanctions – Summary Imposition – Procedure.
7.21.070 Appellant review.
[Ord. 1036 § 7, 1993.]
9.04.080 Classification of crimes – Penalties.
The following state statutes are adopted by reference and are applicable within the city:
RCW
9A.20.010 Classification and designation of crimes.
9A.20.021 Maximum sentences for crimes committed July 1, 1984, and after.
9A.20.030 Alternative to fine – Restitution.
[Ord. 1036 § 8, 1993.]
9.04.090 Construction.
(1) In adopting the state statutes by reference, only those crimes and offenses within the jurisdiction of a municipality are adopted and, in those sections adopted that deal with both misdemeanors and felonies, only the language applicable to misdemeanors and gross misdemeanors is applied.
(2) In adopting the state statutes by reference, references to the word “state” are construed to mean and refer to the city. [Ord. 1036 § 9, 1993.]
9.04.100 Civil infractions, failure to sign, respond, appear, or pay penalty.
The following state statute is adopted by reference and is applicable within the city:
RCW
7.80.160 Notice, failure to sign, nonappearance – Failure to satisfy penalty.
[Ord. 1048 § 1, 1993: Ord. 1036 § 10, 1993.]
9.04.110 Prosecution costs.
(1) Whenever a person is convicted of a crime, the person may be required to pay court costs and recoupment along with any fine imposed.
(2) On failure to pay a fine, costs, or recoupment the defendant may be committed to jail until the judgment is paid in full. A defendant who has been committed shall be discharged upon the payment for the part of the fine and costs as remains unpaid after deducting from the whole amount any previous payment, and after deducting the amount allowed for each day of imprisonment.
(3) The amount allowed for each day of imprisonment is the same and is computed in
the same manner as provided for superior court cases in RCW 10.82.030 and 10.82.040, as presently constituted or as may be subsequently amended.
(4) All other proceedings in respect of the fine and costs are the same as in like cases in superior court. [Ord. 1036 § 11, 1993.]
9.04.120 Incarceration costs.
The following state statute is adopted by reference and is applicable within the city:
RCW
10.64.130 Incarceration costs.
[Ord. 1103 § 1, 1994.]