Chapter 9A.32
ASSAULT

Sections:

9A.32.010    ASSAULT.

9A.32.020    RECKLESS ENDANGERMENT.

9A.32.030    COERCION.

9A.32.050    HARASSMENT.

9A.32.060    TELEPHONE CALLS TO HARASS, INTIMIDATE, TORMENT OR EMBARRASS.

9A.32.070    DOMESTIC VIOLENCE - STATE STATUTES ADOPTED BY REFERENCE.

9A.32.080    ORDER FOR PROTECTION AND RESTRAINING ORDER - STATE STATUTES ADOPTED BY REFERENCE.

9A.32.090    CUSTODIAL INTERFERENCE.

9A.32.100    INTERFERING WITH THE REPORTING OF DOMESTIC VIOLENCE.

9A.32.110    STALKING.

9A.32.120    CRIMINAL MISTREATMENT.

9A.32.130    SEXUAL MOTIVATION.

9A.32.140    WASHINGTON CYBERCRIME ACT.

9A.32.150    DISCLOSING INTIMATE IMAGES.

9A.32.010 ASSAULT.

RCW 9A.36.041 is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. (Ord. 5208 §1 (part), 2013: Ord. 4850 §2 (in part), 2003)

9A.32.020 RECKLESS ENDANGERMENT.

RCW 9A.36.050 is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. (Ord. 5208 §1 (part), 2013: Ord. 4850 §2 (in part), 2003)

9A.32.030 COERCION.

RCW 9A.36.070 is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. (Ord. 5208 §1 (part), 2013: Ord. 4850 §2 (in part), 2003)

9A.32.050 HARASSMENT.

RCW 9A.46.020 is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. (Ord. 5208 §1 (part), 2013: Ord. 4850 §2 (in part), 2003)

9A.32.060 TELEPHONE CALLS TO HARASS, INTIMIDATE, TORMENT OR EMBARRASS.

The following sections of Chapter 9.61 RCW, with the exception of those provisions contained therein for which a violation constitutes a felony crime, are hereby adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full:

RCW 9.61.230    Defined.

RCW 9.61.240    Permitting telephone to be used.

RCW 9.61.250    Offense where deemed committed.

(Ord. 5208 §1 (part), 2013: Ord. 4850 §2 (in part), 2003)

9A.32.070 DOMESTIC VIOLENCE - STATE STATUTES ADOPTED BY REFERENCE.

Chapters 9A.36 and 10.99 RCW, with the exception of those provisions contained therein for which a violation constitutes a felony crime, are adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. (Ord. 5455 §1, 2022; Ord. 5431 §1, 2021; Ord. 5208 §1 (part), 2013: Ord. 4850 §2 (in part), 2003)

9A.32.080 ORDER FOR PROTECTION AND RESTRAINING ORDER - STATE STATUTES ADOPTED BY REFERENCE.

RCW 26.09.300 and Chapter 7.105 RCW, with the exception of those provisions contained therein for which a violation constitutes a felony crime, are hereby adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. (Ord. 5455 §2, 2022; Ord. 5208 §1 (part), 2013: Ord. 4850 §2 (in part), 2003)

9A.32.090 CUSTODIAL INTERFERENCE.

The following statutes of the State, with the exception of those provisions contained therein for which a violation constitutes a felony crime, are adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full:

RCW 9A.40.070    Custodial interference in the second degree.

RCW 9A.40.080    Custodian interference - Assessment of costs - Defense - Consent defense, restricted.

(Ord. 5208 §1 (part), 2013: Ord. 4850 §2 (in part), 2003)

9A.32.100 INTERFERING WITH THE REPORTING OF DOMESTIC VIOLENCE.

RCW 9A.36.150 is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. (Ord. 5431 §2, 2021; Ord. 5208 §1 (part), 2013: Ord. 4850 §2 (in part), 2003)

9A.32.110 STALKING.

RCW 9A.46.110, with the exception of those provisions contained therein for which a violation constitutes a felony crime, is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. (Ord. 5208 §1 (part), 2013: Ord. 4850 §2 (in part), 2003)

9A.32.120 CRIMINAL MISTREATMENT.

The following sections of Chapter 9A.42 RCW, with the exception of those provisions contained therein from which a violation constitutes a felony crime, are hereby adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full:

RCW 9A.42.005    Findings and intent - Christian Science treatment - Rules of evidence.

RCW 9A.42.010    Definitions.

RCW 9A.42.035    Criminal mistreatment in the third degree.

RCW 9A.42.037    Criminal mistreatment in the fourth degree.

RCW 9A.42.040    Withdrawal of life support systems.

RCW 9A.42.045    Palliative care.

RCW 9A.42.050    Defense of financial inability.

RCW 9A.42.080    Abandonment of a dependent person in the third degree - Exception.

RCW 9A.42.090    Abandonment of a dependent person - Defense.

RCW 9A.42.110    Leaving a child in the care of a sex offender.

(Ord. 5208 §1 (part), 2013: Ord. 4850 §2 (in part), 2003)

9A.32.130 SEXUAL MOTIVATION.

(1)    The prosecuting attorney shall file a special allegation of sexual motivation in every criminal case when sufficient admissible evidence exists, which, when considered with the most plausible, reasonably foreseeable defense that could be raised under the evidence, would justify a finding of sexual motivation by a reasonable and objective fact finder.

(2)    In a criminal case wherein there has been a special allegation the state shall prove beyond a reasonable doubt that the accused committed the crime with a sexual motivation. The court shall make a finding of fact of whether or not a sexual motivation was present at the time of the commission of the crime, or if a jury trial is had, the jury shall, if it finds the defendant guilty, also find a special verdict as to whether or not the defendant committed the crime with a sexual motivation.

(3)    The prosecuting attorney shall not withdraw the special allegation of sexual motivation without approval of the court through an order of dismissal of the special allegation. The court shall not dismiss this special allegation unless it finds that such an order is necessary to correct an error in the initial charging decision or unless there are evidentiary problems which make proving the special allegation doubtful.

(4)    "Sexual motivation" means that one (1) of the purposes for which the defendant committed the crime was for the purpose of his or her sexual gratification. (Ord. 5431 §3, 2021; Ord. 5208 §1 (part), 2013: Ord. 5146 §1, 2011)

9A.32.140 WASHINGTON CYBERCRIME ACT.

The following sections of Chapter 9A.90 RCW, with the exception of those provisions contained therein for which a violation constitutes a felony crime, are hereby adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full.

RCW 9A.90.030    Definitions.

RCW 9A.90.070    Spoofing.

RCW 9A.90.090    Electronic data tampering in the second degree.

RCW 9A.90.120    Cyber harassment.

RCW 9A.90.130    Cyberstalking.

(Ord. 5469 §1, 2023; Ord. 5208 §1 (part), 2013)

9A.32.150 DISCLOSING INTIMATE IMAGES.

RCW 9A.86.010, with the exception of those provisions contained therein for which a violation constitutes a felony crime, is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. (Ord. 5431 §4, 2021)