Chapter 9A.04
CRIMES AGAINST PERSONS
Sections:
9A.04.010 Assault.
9A.04.020 Disorderly conduct.
9A.04.030 Disturbing the peace.
9A.04.040 Domestic violence prevention.
9A.04.045 Violation of civil anti-harassment order.
9A.04.050 Harassment.
9A.04.060 Stalking.
9A.04.070 Telephone harassment.
9A.04.080 Reckless endangerment.
9A.04.090 Coercion.
9A.04.100 Sexual misconduct with a minor.
9A.04.110 Public nuisance.
9A.04.010 Assault.
(1) A person is guilty of assault if he or she intentionally assaults another person.
(2) Assault is a gross misdemeanor. (Ord. 97-539 § 2).
9A.04.020 Disorderly conduct.
A person is guilty of disorderly conduct if he or she:
(1) Uses abusive language and thereby intentionally creates a risk of assault; or
(2) Intentionally disrupts any lawful assembly or meeting of person without lawful authority; or
(3) Intentionally obstructs vehicular or pedestrian traffic without lawful authority; or
(4) Is fighting another person or persons in a public place or in the public view; or
(5) Defecates or urinates in a public place or in the public view. (Ord. 98-573 § 4; Ord. 97-539 § 2).
9A.04.030 Disturbing the peace.
No person shall between the hours of 9:00 p.m. and 6:00 a.m. make or continue, or cause to be made or continued, whether in the operation of any machine, or the exercise of any trade or calling, or otherwise, any noise which either annoys, injures, or endangers the comfort, repose, health, or safety or others unless the making or continuing of the same be necessary to the protection or preservation of property or the health, safety, life, or limb of some person. (Ord. 97-539 § 2).
9A.04.040 Domestic violence prevention.
(1) Chapter 26.50 RCW is adopted in its entirety by reference.
(2) Chapter 10.99 RCW is adopted in its entirety by reference. (Ord. 98-573 § 2; Ord. 97-539 § 2).
9A.04.045 Violation of civil anti-harassment order.
Any respondent of a civil anti-harassment protection order who wilfully disobeys such a protection order issued pursuant to Chapter 10.14 RCW shall be guilty of a gross misdemeanor. (Ord. 98-573 § 1).
9A.04.050 Harassment.
(1) A person is guilty of harassment if:
(a) Without legal authority, the person knowingly threatens:
(i) To cause bodily injury in the future to the person threatened or to any person; or
(ii) To cause physical damage to the property of a person other than the actor; or
(iii) To subject the person threatened or any other person to physical confinement or restraint; or
(iv) Maliciously to do any other act which is intended to substantially harm the person threatened or another with respect to his or her physical or mental health or safety; and
(b) The person by words or conduct places the person threatened in reasonable fear that the threat will be carried out.
(2) Harassment is a gross misdemeanor. (Ord. 97-539 § 2).
9A.04.060 Stalking.
(1) A person commits the crime of stalking if, without lawful authority and under circumstances not amounting to a felony attempt of another crime:
(a) He or she intentionally or repeatedly harasses or repeatedly follows another person; and
(b) The person being harassed or followed is placed in fear that the stalker intends to injure the person, another person, or property of the person or of another person. The feeling of fear must be one that a reasonable person in the same situation would experience under all the circumstances; and
(c) The stalker either:
(i) Intends to frighten, intimidate, or harass the person; or
(ii) Knows or reasonably should know that the person is afraid, intimidated, or harassed even if the stalker did not intend to place the person in fear or intimidate or harass the person.
(d) It is not a defense to the crime of stalking that the stalker did not intend to frighten, intimidate, or harass the person.
(e) It is not a defense to the crime of stalking that the stalker was not given actual notice that the person did not want the stalker to contact or follow the person.
(f) Attempts to contact or follow the person after being given actual notice that the person does not want to be contacted or followed constitutes prima facie evidence that the stalker intends to intimidate or harass the person.
(2) Stalking is a gross misdemeanor. (Ord. 97-539 § 2).
9A.04.070 Telephone harassment.
(1) Every person who, with intent to harass, intimidate, torment or embarrass any other person, shall make a telephone call to such other person:
(a) Using any lewd, lascivious, profane, indecent, or obscene words or language, or suggesting the commission of any lewd or lascivious act; or
(b) Anonymously or repeatedly at an extremely inconvenient hour, whether or not conversation ensues; or
(c) Threatening to inflict injury on the person or property of the person called or any member of his or her family or household; or
(d) That person has been previously convicted of any crime of harassment, as defined in KMC 9A.04.050, with the same victim or member of the victim's family or household or any person specifically named in a no contact or no harassment order in this or any other state; or
(e) That person harasses another person under subsection (1)(c) of this section by threatening to kill the person threatened or any other person.
(2) Telephone harassment is a gross misdemeanor.
(3) Telephone Harassment – Permitting the Telephone to Be Used. Any person who knowingly permits any telephone under his control to be used for any purpose prohibited by KMC 9A.04.070 shall be guilty of a misdemeanor.
(4) Telephone Harassment – Offense – Where Deemed Committed. Any offense committed by use of a telephone as set forth in KMC 9A.04.070 may be deemed to have been committed either at the place from which the telephone call or calls were made or at the place where the telephone call or calls were received. (Ord. 97-539 § 2).
9A.04.080 Reckless endangerment.
(1) A person is guilty of reckless endangerment when he recklessly engages in conduct which creates a substantial risk of death or serious physical injury to another person.
(2) Reckless endangerment is a gross misdemeanor. (Ord. 97-539 § 2).
9A.04.090 Coercion.
(1) A person is guilty of coercion if by use of threat he compels or induces a person to engage in conduct which the latter has a legal right to abstain from, or to abstain from conduct which he has a legal right to engage in.
(2) “Threat” as used here means to communicate, directly or indirectly, the intent immediately to use force against any person who is present at the time.
(3) Coercion is a gross misdemeanor. (Ord. 97-539 § 2).
9A.04.100 Sexual misconduct with a minor.
(1) A person is guilty of sexual misconduct with a minor when the person has, or knowingly causes another person under the age of 18 to have, sexual contact with another person who is at least 16 years old but less than 18 years old and not married to the perpetrator, if the perpetrator is at least 60 months older than the victim, is in a significant relationship to the victim, and abuses a supervisory position within that relationship in order to engage in or cause another person under the age of 18 to engage in sexual contact with the victim.
(2) Sexual misconduct with a minor is a gross misdemeanor. (Ord. 97-539 § 2).
9A.04.110 Public nuisance.
(1) A public nuisance is a crime against the order and economy of the city of Kittitas. Every place:
(a) Wherein any fighting between people or animals or birds shall be conducted; or
(b) Wherein any intoxicating liquors are kept for unlawful use, sale or distribution; or
(c) Where vagrants resort; and
Every act unlawfully done and every omission to perform a duty, which act or omission:
(d) Shall annoy, injure or endanger the safety, health, comfort, or repose of any considerable number of persons; or
(e) Shall offend public decency; or
(f) Shall unlawfully interfere with, befoul, obstruct, or tend to obstruct, or render dangerous for passage, a lake, navigable river, bay, stream, canal or basin, or a public park, square, street, alley highway, or municipal transit vehicle or station; or
(g) Shall in any way render a considerable number of persons insecure in life or the use of property;
shall be guilty of a public nuisance.
(2) Public nuisance is a misdemeanor. (Ord. 97-539 § 2).