Chapter 9A.08
CRIMES AGAINST PROPERTY
Sections:
9A.08.010 Reckless burning.
9A.08.020 Malicious mischief.
9A.08.030 Interference with health care facility.
9A.08.040 Making or having burglar tools.
9A.08.050 Criminal trespass in the first degree.
9A.08.060 Criminal trespass in the second degree.
9A.08.070 Vehicle prowling in the second degree.
9A.08.080 Computer trespass.
9A.08.090 Theft.
9A.08.100 Unlawful issuance of checks or drafts.
9A.08.110 Possessing stolen property.
9A.08.120 Obscuring the identity of a machine.
9A.08.130 Theft of cable television services.
9A.08.140 Defrauding a public utility.
9A.08.010 Reckless burning.
(1) A person is guilty of reckless burning if he or she knowingly causes a fire or explosion, whether on his or her own property or that of another, and thereby recklessly places a building or other structure, or any vehicle, railway car, aircraft or watercraft, or any hay, grain, crop or timber, whether cut or standing, in danger of destruction or damage. Reckless burning is a gross misdemeanor.
(2) Reckless Burning – Defense. In any prosecution for the crime of reckless burning it shall be a defense if the defendant established by a preponderance of the evidence that:
(a) No person other that the defendant has a possessory or pecuniary interest in the damaged or endangered property, or if other persons had such an interest, all of them consented to the defendant's conduct; and
(b) The defendant's sole intent was to destroy or damage the property for a lawful purpose. (Ord. 97-539 § 2).
9A.08.020 Malicious mischief.
(1) A person is guilty of malicious mischief if he or she knowingly and maliciously causes physical damage to the property of another.
(2) Malicious mischief is a gross misdemeanor if the damage to the property is in an amount exceeding $50.00 and less than $250.00, otherwise, it is a misdemeanor.
(3) For this section, “physical damage,” in addition to its ordinary meaning, shall include the total or partial alteration, damage, obliteration, or erasure of records, information, data, computer programs, or their computer representations, which are recorded for the use in computers or the impairment, interruption, or interference with the use of such records, information, data, or computer programs, or the impairment, interruption, or interference with the use of any computer or services provided by computers. (Ord. 97-539 § 2).
9A.08.030 Interference with health care facility.
(1) It is unlawful for a person except as otherwise protected by state or federal law, alone or in concert with others, to willfully or recklessly interfere with access to or from a health care facility or willfully or recklessly disrupt the normal functioning of such facility by:
(a) Physically obstructing or impeding the free passage of a person seeking to enter or depart from the facility or from the common areas of the real property upon which the facility is located;
(b) Making noise that unreasonably disturbs the peace within the facility;
(c) Trespassing on the facility or the common areas of the real property upon which the facility is located;
(d) Telephoning the facility repeatedly, or knowingly permitting any telephone under his or her control to be used for such purpose; or
(e) Threatening to inflict injury on the owners, agents, patients, employees, or property of the facility or knowingly permitting any telephone under his or her control to be used for such purpose.
(2) Interfering with a health care facility is a gross misdemeanor. (Ord. 97-539 § 2).
9A.08.040 Making or having burglar tools.
(1) Every person who shall make or mend or cause to be made or mended, or have in his or her 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 burglary tools.
(2) Making or having burglary tools is a misdemeanor. (Ord. 97-539 § 2).
9A.08.050 Criminal trespass in the first degree.
(1) A person is guilty of criminal trespass in the first degree if he or she knowingly enters or remains unlawfully in a building.
(2) Criminal trespass in the first degree is a gross misdemeanor. (Ord. 97-539 § 2).
9A.08.060 Criminal trespass in the second degree.
(1) A person is guilty of criminal trespass in the second degree if he or she knowingly enters or remains unlawfully in or upon premises of another under circumstances not constituting criminal trespass in the first degree.
(2) Criminal trespass in the second degree is a misdemeanor. (Ord. 97-539 § 2).
9A.08.070 Vehicle prowling in the second degree.
(1) A person is guilty of vehicle prowling in the second degree if, with intent to commit a crime against a person or property therein, he or she enters or remains unlawfully in a vehicle other than a motor home, or a vessel equipped for propulsion by mechanical means or by sail which has a cabin equipped with permanently installed sleeping quarters or cooking facilities.
(2) Vehicle prowling in the second degree is a gross misdemeanor. (Ord. 97-539 § 2).
9A.08.080 Computer trespass.
(1) A person is guilty of computer trespass if the person, without authorization, intentionally gains access to a computer system or electronic data base of another.
(2) Computer trespass is a gross misdemeanor. (Ord. 97-539 § 2).
9A.08.090 Theft.
(1) A person is guilty of theft in the third degree if he or she commits theft of property or services which does not exceed $250.00.
(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 or 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. (Ord. 97-539 § 2).
9A.08.100 Unlawful issuance of checks or drafts.
(1) 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, knowing at the time of such drawing, or delivery, that he or she 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 a 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 said 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 shall not be imprisoned, but the court shall impose a minimum fine of $50.00. (Ord. 97-539 § 2).
9A.08.110 Possessing stolen property.
(1) A person is guilty of possessing stolen property if he or she possesses stolen property which does not exceed $250.00 in value.
(2) Possessing stolen property is a gross misdemeanor. (Ord. 97-539 § 2).
9A.08.120 Obscuring the identity of a machine.
(1) A person is guilty of obscuring the identity of a machine if he or she knowingly:
(a) Obscures the manufacturer's serial number or any other distinguishing identification number or mark upon any vehicle, machine, engine, apparatus, appliance, or other device with intent to render it unidentifiable.
(b) Possesses a vehicle, machine, engine, apparatus, appliance, or other device held for sale knowing that the serial number or other identification number or mark has been obscured.
(c) “Obscure” means to remove, deface, cover, alter, destroy, or otherwise render unidentifiable.
(2) Obscuring the identity of a machine is a gross misdemeanor. (Ord. 97-539 § 2).
9A.08.130 Theft of cable television services.
(1) A person is guilty of theft of cable television services if, with intent to avoid payment of the lawful charge for any communication service of a cable system he or she:
(a) Tampers with the equipment of the cable system, whether by mechanical, electrical, acoustical, or other means; or
(b) Knowingly misrepresents a material fact; or
(c) Uses any other artifice, trick, deception code, or other device; and
(d) He or she wrongfully obtains cable communication services for himself or herself or another.
(2) Theft of cable television services is a gross misdemeanor. (Ord. 97-539 § 2).
9A.08.140 Defrauding a public utility.
(1) “Defrauding a public utility” means to commit, authorize, solicit, aid, abet, or attempt to:
(a) Divert, or cause to be diverted, utility services by any means whatsoever;
(b) Make, or cause to be made, a connection or reconnection with property owned or used by the utility to provide utility service without the authorization or consent of the utility;
(c) Prevent a utility meter or other device used in determining the charge for utility services from accurately performing its measuring function by tampering or by any other means;
(d) Tamper with property owned or used by the utility to provide utility services; or
(e) Use or receive the direct benefit of all or a portion of the utility service with knowledge of, or reason to believe that, the diversion, tampering, or unauthorized connection existed at the time of the use or that the use or receipt was without the authorization or consent of the utility.
(2) A person is guilty of defrauding a public utility if:
(a) The utility service diverted or used is $500.00 or less in value; or
(b) A connection or reconnection has occurred without authorization or consent of the utility.
(3) Defrauding a public utility is a gross misdemeanor. (Ord. 97-539 § 2).