Chapter 9.04 CRIMINAL CODE

(2) The provisions of this code do not apply to or govern the construction of and punishment for any offense committed prior to the adoption of this chapter, or to the construction and application of any defense to a prosecution for such an offense. Such an offense must be construed and punished according to the provisions of law existing in the town at the time of the commission thereof in the same manner as if this code had not been enacted.

(3) The sections of the Revised Code of Washington (RCW) now in effect or as subsequently amended, and specifically enumerated in this chapter, are hereby adopted by reference in this code.

(4) Section captions are for organizational purposes only and shall not be construed as part of this code. [Ord. 519 § 1, 2003]

9.04.020 Purposes – Principles of construction.

(1) The general purposes of the provisions governing the definition of offenses are:

(a) To forbid and prevent conduct that inflicts or threatens substantial harm to individuals or public interests;

(b) To safeguard conduct that is without culpability from condemnation as criminals;

(d) To differentiate on reasonable grounds between serious and minor offenses and to prescribe proportionate penalties for each.

(2) The provisions of this code shall be construed according to the fair import of their terms, and when the language is susceptible of differing constructions, it shall be interpreted to further the general purposes stated in this code.

(3) In adopting state stature by reference, only those crimes and offenses within the jurisdiction of a municipality are intended to be adopted, and in those sections adopted, which define both misdemeanors and felonies, only the language applicable to misdemeanors and gross misdemeanors is to be applied. [Ord. 519 § 2, 2003]

9.04.030 Criminal jurisdiction.

Any person who commits any offense defined by this chapter, in whole or in part, within the corporate limits of the town is liable to arrest, prosecution and punishment. [Ord. 519 § 3, 2003]

9.04.040 Classes of crimes.

An offense defined by this chapter, for which a sentence of imprisonment is authorized, constitutes a violation of town ordinance and a crime. Crimes are classified as gross misdemeanors or misdemeanors. [Ord. 519 § 4, 2003]

9.04.050 Punishment and restitution.

(1) Unless specifically provided otherwise, every person convicted of a gross misdemeanor, or a crime not otherwise classified, shall be punished by imprisonment in jail for a maximum term of not more than one year, or by a fine in an amount of not more than $5,000, or by both such imprisonment and fine.

(2) Unless specifically provided otherwise, every person convicted of a misdemeanor shall be punished by imprisonment in jail for a maximum term of not more than 90 days, or by a fine in an amount of not more than $1,000, or by both such imprisonment and fine.

(3) The court may impose restitution as provided in RCW 9A.20.030.

(4) In the event there is a conflict in the penalties, which can be imposed upon conviction for a specific offense between the provisions of the Concrete criminal code and the Revised Code of Washington, the penalty provisions of the Revised Code of Washington shall apply. [Ord. 519 § 5, 2003]

9.04.060 Limitation of actions.

(1) A gross misdemeanor, or a crime not otherwise classified, may not be prosecuted more than two years after its commission. A misdemeanor may not be prosecuted more than one year after its commission.

(2) Periods of limitation do not run during any period of time the person charged is not usually and publicly resident within this state.

(3) If a complaint or information filed before the end of the period of limitation is thereafter set aside, then the period of limitation is extended by a period equal to the length of time from the filing to the setting aside. [Ord. 519 § 6, 2003]

9.04.070 Proof beyond a reasonable doubt.

(1) Every person charged with an offense is presumed innocent unless proven guilty by competent evidence establishing each element of the offense beyond a reasonable doubt.

(2) When an offense has been proven against a person but a reasonable doubt exists as to the degree of the crime, a conviction shall be entered only as to the lowest degree. [Ord. 519 § 7, 2003]

9.04.080 General provisions statutes adopted.

Revised Code of Washington provisions, as presently constituted or hereinafter amended, are adopted by reference and are given respective section numbers as set forth in this chapter.


General Provisions Statutes
Topic/Title	Source of Adopted Law (RCW)
People capable of committing crimes – Culpability of children	9A.04.050
Common law to supplement statutes	9A.04.060
Who amenable to criminal statutes	9A.04.070
Application of general provisions of code	9A.04.090
Definitions	9A.04.110
Citizen immunity if aiding officer	9.01.055
Omission, when not punishable	9.01.110
Sending letter, when complete	9.01.130

[Ord. 519 § 8, 2003]

9.04.090 Principles of liability statutes adopted.

Revised Code of Washington provisions, as presently constituted or hereinafter amended, are adopted by reference and are given respective section numbers as set forth in this chapter.


Principles of Liability Statutes
Topic/Title	Source of Adopted Law (RCW)
General requirements of culpability	9A.08.010
Liability for conduct of another – Complicity	9A.08.020
Criminal liability of corporations and persons acting or under a duty to act in their behalf	9A.08.030

[Ord. 519 § 9, 2003]

9.04.100 Defenses statutes adopted.

Revised Code of Washington provisions, as presently constituted or hereinafter amended, are adopted by reference and are given respective section numbers as set for in this chapter.


Defenses Statutes
Topic/Title	Source of Adopted Law (RCW)
Defense of insanity	9A.12.010
Definitions	9A.16.010
Use of force – When lawful	9A.16.020
Duress	9A.16.060
Entrapment	9A.16.070
Action for being detained on mercantile establishment premises for investigation – “Reasonable grounds” as defense	9A.16.080
Intoxication	9A.16.090
Use of force on children – Policy – Actions – Presumed unreasonable	9A.16.100

[Ord. 519 § 10, 2003]

9.04.110 Anticipatory offenses statutes adopted.

Revised Code of Washington provisions, as presently constituted or hereinafter amended, are adopted by reference and are given respective section numbers as set forth in this chapter.


Anticipatory Offenses Statutes
Topic/Title	Source of Adopted Law (RCW)
Criminal attempt	9A.28.020
Criminal solicitation	9A.28.030
Criminal conspiracy	9A.28.040

[Ord. 519 § 11, 2003]

9.04.120 Alcoholic beverage control statutes adopted.

Revised Code of Washington provisions, as presently constituted or hereinafter amended, are adopted by reference and are given respective section numbers as set forth in this chapter.


Alcoholic Beverage Control Statutes
Topic/Title	Source of Adopted Law (RCW)
Definitions	66.04.010
“Card of identification,” “licensee,” “store employee” defined for certain purpose	66.20.160
Unlawful acts relating to card of identification and certification card – Penalty	66.20.200
Licensee’s immunity to prosecution or suit – Certification card as evidence of good faith	66.20.210
Alcohol servers – Definitions	66.20.300
Alcohol servers – Permits – Requirements – Suspension, revocation – Violations – Exemptions	66.20.310
Alcohol servers – Violations of rules – Penalties	66.20.340
Keg registration – Seller	66.28.200
Keg registration – Purchaser	66.28.210
Keg registration – Penalties	66.28.230
Search and seizure	Chapter 66.32
Acting without license	66.44.090
Opening or consuming liquor in public place – Penalty	66.44.100
Buying liquor illegally	66.44.150
Illegal possession, transportation of alcoholic beverages	66.44.160
Illegal possession of liquor with intent to sell – Prima facie evidence, what is	66.44.170
General penalties – Jurisdiction for violations	66.44.180
Sales to persons apparently under the influence of liquor	66.44.200
Obtaining liquor for ineligible person	66.44.210
Drinking in public conveyance – Penalty against carrier – Exception	66.44.240
Drinking in public conveyance – Penalty against individual – Restricted application	66.44.250
Candidates giving or purchasing liquor on election day prohibited	66.44.265
Furnishing liquor to minors – Possession, use, exhibition of effects – Exceptions	66.44.270
Minor applying for permit	66.44.280
Minor purchasing or attempting to purchase liquor	66.44.290
Minor purchasing or attempting to purchase liquor – Penalty against person between ages of 18 and 20, inclusive	66.44.291
Treats gifts, purchases for or from minor, or holding minor as at least 21 in public place where liquor sold	66.44.300
Minors frequenting off-limits area – Misrepresentation of age – Penalty – Classification of licenses	66.44.310
Certain person 18 years and over permitted to enter and remain upon licensed premises during employment	66.44.316
Employees aged 18 to 21 stocking, merchandising and handling beer and wine	66.44.318
Sales of liquor to minors violations	66.44.320
Unlawful transfer to a minor of an identification of age	66.44.325
Preparation or acquisition and supply to persons under age 21 a facsimile of official identification card – Penalty	66.44.328
Employees 18 years and over allowed to sell and handle beer and wine for Class E and/or F licensed employers	66.44.346
Employees 18 years and over allowed to serve and carry liquor, clean up, etc., for Class A, C, D and/or H licensed employers	66.44.350
Resisting or opposing officers in enforcement of title	66.44.370

[Ord. 519 § 12, 2003]

9.04.130 Crimes relating to animals statutes adopted.

Revised Code of Washington provisions, as presently constituted or hereinafter amended, are adopted by reference and are given respective section numbers as set forth in this chapter.


Crimes Relating to Animals Statutes
Topic/Title	Source of Adopted Law (RCW)
Diseased animals	9.08.020
False certificate of registration of animals – False representation as to breed	9.08.030
Definitions	9.08.065
Pet animals – Taking, concealing, injuring, killing, etc. – Penalty	9.08.070
Definitions – Principles of liability	16.52.011
Enforcement – Law enforcement agencies and animal care and control agencies	16.52.015
Transporting or confining in unsafe manner – Penalty	16.52.080
Removal of animals for feeding – Examinations – Notice – Euthanasia	16.52.085
Docking horses – Misdemeanor	16.52.090
Cutting ears – Misdemeanor	16.52.095
Confinement without food or water – Intervention by others	16.52.100
Old or diseased animals at large	16.52.110
Animal fighting – Owners, trainers, spectators – Exceptions	16.52.117
Poisoning animals	16.52.190
Poisoning animals – Strychnine sales, etc.	16.52.193
Poisoning animals – Penalty	16.52.195
Animal cruelty in the second degree	16.52.207
Dogs or cats used as bait – Seizure – Limitation	16.52.300

[Ord. 519 § 13, 2003]

9.04.140 Assault and other crimes relating to persons statutes adopted.

Revised Code of Washington provisions, as presently constituted or hereinafter amended, are adopted by reference and are given respective section numbers as set forth in this chapter.


Assault and Other Crimes Related to Persons Statutes
Topic/Title	Source of Adopted Law (RCW)
Assault in the fourth degree	9A.36.041
Reckless endangerment	9A.36.050
Coercion	9A.36.070
Interfering with the reporting of domestic violence	9A.36.150

[Ord. 519 § 14, 2003]

9.04.150 Controlled substances statutes adopted.

Revised Code of Washington provisions, as presently constituted or hereinafter amended, are adopted by reference and are given respective section numbers as set forth in this chapter.


Controlled Substances Statutes
Topic/Title	Source of Adopted Law (RCW)
Definitions	69.50.101
Drug paraphernalia – Definitions	69.50.102
Schedule 1 – Marijuana	69.50.204
Prohibited acts: A-Penalties	69.50.401(e)
Conspiracy	69.50.407
Second or subsequent offenses	69.50.408
Prohibited acts: E-Penalties	69.50.412
Violations – Juvenile driving privileges	69.50.420
Misdemeanor violations – Minimum imprisonment	69.50.425
Seizure and forfeiture	69.50.505
Burden of proof; liabilities	69.50.506
Search of seizure of controlled substances	69.50.509
Search and seizure at rental premises – Notification of landlord	69.50.510

[Ord. 519 § 15, 2003]

9.04.160 Custodial interference statutes adopted.

Revised Code of Washington provisions, as presently constituted or hereinafter amended, are adopted by reference and are given respective section numbers as set forth in this chapter.


Custodial Interference Statutes
Topic/Title	Source of Adopted Law (RCW)
Definitions	9A.40.010
Custodial interference in the second degree	9A.40.070
Custodial interference – Assessment of cost – Defense – Consent defense, restricted	9A.40.080

[Ord. 519 § 16, 2003]

9.04.170 Abandonment of dependent person statutes adopted.

Revised Code of Washington provisions, as presently constituted or hereinafter amended, are adopted by reference and are given respective section numbers as set forth in this chapter.


Abandonment of Dependent Person Statutes
Topic/Title	Source of Adopted Law (RCW)
Definitions	9A.42.010
Abandonment of dependent person in the third degree	9A.42.080
Abandonment of dependent person – Defense	9A.42.090

[Ord. 519 § 17, 2003]

9.04.180 Domestic violence protection statutes adopted.

Revised Code of Washington provisions, as presently constituted or hereinafter amended, are adopted by reference and are given respective section numbers as set forth in this chapter.


Domestic Violence Protection Statutes
Topic/Title	Source of Adopted Law (RCW)
Definitions	10.99.020
Law enforcement officers – Training, powers, duties – Domestic violence reports	10.99.030
Restrictions upon and duties of court	10.99.040
Appearances by defendant – No-contact order	10.99.045
Victim contract – Restriction, prohibition – Violation, penalties – Written order – Procedure	9.60.260
Enforcement of orders against defendants	10.99.055
Notification of victim of prosecution decision – Description of procedures available to institute – Criminal proceedings	10.99.060
Definitions	26.50.010
Commencement of action – Jurisdiction – Venue	26.50.020
Petition for an order of protection – Availability of forms and instructional brochures – Fee – Bond not required	26.50.030
Fees not permitted – Filing, service of process, certified copies	26.50.040
Hearing – Service – Time	26.50.050
Appointment of interpreter	26.50.055
Relief – Duration – Realignment of designation of parties – Award of costs, service fees, and attorney’s fees	26.50.060
Ex-parte temporary order for protection	26.50.070
Issuance of order – Assistance of peace officer – Designation of appropriate law enforcement agency	26.50.080
Hearing reset after ex-parte order – Service by publication – Circumstances	26.50.085
Order – Service – Fees	26.50.090
Order following service by publication	26.50.095
Order – Transmittal to law enforcement agency – Record in law enforcement information system – Enforceability	26.50.100
Violation of order – Penalties	26.50.110
Enforcement of ex-parte order – Knowledge of order prerequisite to penalties – Reasonable efforts to serve copy of order	26.50.115
Violation of order – Prosecuting attorney or attorney for municipality may be requested to assist – Costs and attorney fees	26.50.120
Service by mail	26.50.123
Service by publication or mailing – Costs	26.50.125
Order – Modification – Transmittal	26.50.130
Residential placement or custody of a child – Prerequisite	26.50.135
Peace officer – Immunity	26.50.140
Title to real estate – Effect	26.50.200
Proceedings additional	26.50.210

[Ord. 519 § 18, 2003]

9.04.190 False swearing and tampering statutes adopted.

Revised Code of Washington provisions, as presently constituted or hereinafter amended, are adopted by reference and are given respective section numbers as set forth in this chapter.


False Swearing and Tampering Statutes
Topic/Title	Source of Adopted Law (RCW)
Committal of witness – Detention of documents	9.72.090
Definitions	9A.72.010
False swearing	9A.72.040
Perjury and false swearing – Inconsistent statements – Degree of crime	9A.72.050
Perjury and false swearing – Retraction	9A.72.060
Perjury and false swearing – Irregularities no defense	9A.72.070
Statement of what one does not know to be true	9A.72.080
Jury tampering	9A.72.140
Tampering with physical evidence	9A.72.150

[Ord. 519 § 19, 2003]

9.04.200 Crime relating to fire alarms statutes adopted.

Revised Code of Washington provisions, as presently constituted or hereinafter amended, are adopted by reference and are given respective section numbers as set forth in this chapter.


Crime Relating to Fire Alarms Statutes
Topic/Title	Source of Adopted Law (RCW)
Operating engine or boiler without spark arrester	9.40.040
Tampering with fire alarm or firefighting equipment – False alarm – Penalties	9.40.100

[Ord. 519 § 20, 2003]

9.04.210 Firearms and dangerous weapons statutes adopted.

Revised Code of Washington provisions, as presently constituted or hereinafter amended, are adopted by reference and are given respective section numbers as set forth in this chapter.


Firearms and Dangerous Weapons Statutes
Topic/Title	Source of Adopted Law (RCW)
Terms defined	9.41.010
Carrying firearms	9.41.050
Exceptions to restriction on carrying firearms	9.41.060
Officials and agencies – Immunity, writ of mandamus	9.41.0975
Forfeiture of firearms – Disposition – Confiscation	9.41.098
Certain transfers forbidden	9.41.120
Alteration of identifying marks – Exceptions	9.41.140
Unlawful firearms and parts contraband	9.41.220
Aiming or discharging firearms, dangerous weapons	9.41.230
Possession of pistol by person from 18 to 21	9.41.240
Dangerous weapons – Penalty	9.41.250
Dangerous exhibitions	9.41.260
Weapons apparently capable of producing bodily harm – Unlawful carrying or handling – Penalty – Exceptions	9.41.270
Possessing dangerous weapons on school facilities – Penalty – Exception	9.41.280
Weapons prohibited in certain places – Local laws and ordinances – Exceptions – Penalty	9.41.300
Surrender of weapons or licenses, prohibition on future possession or licensing	9.41.800
Penalty	9.41.810

[Ord. 519 § 21, 2003]

9.04.220 Fraud statutes adopted.

Revised Code of Washington provisions, as presently constituted or hereinafter amended, are adopted by reference and are given respective section numbers as set forth in this chapter.


Fraud Statutes
Topic/Title	Source of Adopted Law (RCW)
Encumbered, leased, or rented personal property – Construction	9.45.060
Mock auctions	9.45.070
Fraudulent removal of property	9.45.080
Knowingly receiving fraudulent conveyance	9.45.090
Fraud in assignment for benefit of creditors	9.45.100
Definitions	9A.60.010
Criminal impersonation	9A.60.040
False certification	9A.60.050
Defrauding a public utility – Definitions	9A.61.010
Defrauding a public utility	9A.61.020
Defrauding a public utility in the third degree	9A.61.050
Restitution	9A.61.060

[Ord. 519 § 22, 2003]

9.04.230 Gambling statutes adopted.

Revised Code of Washington provisions, as presently constituted or hereinafter amended, are adopted by reference and are given respective section numbers as set forth in this chapter.


Gambling Statutes
Topic/Title	Source of Adopted Law (RCW)
False or misleading entries or statements, refusal to produce records	9.46.170
Causing person to violate rule or regulation	9.46.185
Violations relating to fraud or deceit	9.46.190
Cities and towns – Ordinance adopting certain sections of chapter – Limitations – Penalties	9.46.192
Cities and towns – Ordinance adopting certain sections of chapter – Jurisdiction of courts	9.46.193
Obstruction of public servant in administration or enforcement as violation – Penalty	9.46.195
Cheating	9.46.196
Cheating in the first degree	9.46.1961
Cheating in the second degree	9.46.1962
Working in gambling activity without license as violation – Penalty	9.46.198
Enforcement – Commission as law enforcement agency	9.46.210
Gambling records – Penalty – Exceptions	9.46.217
Professional gambling in the third degree	9.46.220
Gambling devices, real and personal property – Seizure and forfeiture	9.46.231
Slot machines antique – Defenses concerning – Presumption created	9.46.235
Gambling information, transmitting or receiving	9.46.240
Gambling property or premises – Common nuisances, abatement – Termination of mortgage, contract or leasehold interest, licenses – Enforcement	9.46.250
Proof of possession as evidence of knowledge of its character	9.46.260

Use of premises for social card games prohibited. It is unlawful within the town for any person to allow any premises or any facilities to be used for, to participate in or to conduct as a commercial stimulant or otherwise, any social card game as defined in RCW 9.46.0282; provided, that this section shall not apply to social card games conducted upon member premises of a licensed, bona fide charitable or nonprofit organization as authorized by RCW 9.46.0311; and provided further, that this section shall not apply to social card games conducted or played in the dwelling or other place of residence of one of the players. [Ord. 553, 2005; Ord. 519 § 23, 2003]

9.04.240 Harassment statutes adopted.

Revised Code of Washington provisions, as presently constituted or hereinafter amended, are adopted by reference and are given respective section numbers as set forth in this chapter.


Harassment Statutes
Topic/Title	Source of Adopted Law (RCW)
Definition – Penalties	9A.46.020
Place where committed	9A.46.030
Court-ordered requirements upon person charged with crime – Violation	9A.46.040
Arraignment – No contact order	9A.46.050
Crimes included in harassment	9A.46.060
Enforcement of orders restricting contact	9A.46.070
Order restricting contact – Violation	9A.46.080
Nonliability of peace officer	9A.46.090
“Convicted,” time when	9A.46.100
Stalking	9A.46.110
Telephone harassment	9.61.230
Telephone calls to harass, intimidate, torment or embarrass – Permitting telephone to be used	9.61.240
Telephone calls to harass, intimidate, torment or embarrass – Offense, where deemed committed	9.61.250
Disobedience of order – Penalties	10.14.120
Criminal penalty	10.14.170

[Ord. 519 § 24, 2003]

9.04.250 Inhaling toxic fumes statutes adopted.

Revised Code of Washington provisions, as presently constituted or hereinafter amended, are adopted by reference and are given respective section numbers as set forth in this chapter.


Inhaling Toxic Fumes Statutes
Topic/Title	Source of Adopted Law (RCW)
Definitions	9.47A.010
Unlawful inhalation – Exception	9.47A.020
Possession of certain substances prohibited	9.47A.030
Sale of certain substances prohibited	9.47A.040
Penalty	9.47A.050

[Ord. 519 § 25, 2003]

9.04.260 Interference with health care facilities or providers statutes adopted.

Revised Code of Washington provisions, as presently constituted or hereinafter amended, are adopted by reference and are given respective section numbers as set forth in this chapter.


Interference with Health Care Facilities or Providers Statutes
Topic/Title	Source of Adopted Law (RCW)
Definitions	9A.50.010
Interference with health care facility	9A.50.020
Penalty	9A.50.030
Informational picketing	9A.50.060

[Ord. 519 § 26, 2003]

9.04.270 Crimes relating to juries statutes adopted.

Revised Code of Washington provisions, as presently constituted or hereinafter amended, are adopted by reference and are given respective section numbers as set forth in this chapter.


Crimes Relating to Juries Statutes
Topic/Title	Source of Adopted Law (RCW)
Misconduct of officer drawing jury	9.51.010
Soliciting jury duty	9.51.020
Misconduct of officer in charge of jury	9.51.030

[Ord. 519 § 27, 2003]

9.04.280 Miscellaneous crimes statutes adopted.

Revised Code of Washington provisions, as presently constituted or hereinafter amended, are adopted by reference and are given respective section numbers as set forth in this chapter.


Miscellaneous Crimes Statutes
Topic/Title	Source of Adopted Law (RCW)
Unlawful bus conduct	9.91.025
Leaving children unattended in parked automobile	9.91.060
Metal buyers – Records of purchases – Penalty	9.91.110
Disposal of trash in charity donation receptacles	9.91.130
Food stamps	9.91.140
Tree spiking	9.91.150
Personal protection spray devices	9.91.160

[Ord. 519 § 28, 2003]

9.04.290 Obstructing governmental operation statutes adopted.

Revised Code of Washington provisions, as presently constituted or hereinafter amended, are adopted by reference and are given respective section numbers as set forth in this chapter.


Obstructing Governmental Operation Statutes
Topic/Title	Source of Adopted Law (RCW)
Definitions	9A.76.010
Obstructing a law enforcement officer	9A.76.020
Refusing to summon aid for a peace officer	9A.76.030
Resisting arrest	9A.76.040
Rendering criminal assistance – Definition of term	9A.76.050
Relative defined	9A.76.060
Rendering criminal assistance in the first degree	9A.76.070
Rendering criminal assistance in the second degree	9A.76.080
Rendering criminal assistance in the third degree	9A.76.090
Compounding	9A.76.100
Escape in the third degree	9A.76.130
Introducing contraband in the third degree	9A.76.160
Bail jumping	9A.76.170
Making a false or misleading statement to a public servant	9A.76.175
Malicious prosecution	9.62.010
Instituting suit in the name of another	9.62.020

[Ord. 519 § 29, 2003]

9.04.300 Official misconduct statutes adopted.

Revised Code of Washington provisions, as presently constituted or hereinafter amended, are adopted by reference and are given respective section numbers as set forth in this chapter.


Official Misconduct Statutes
Topic/Title	Source of Adopted Law (RCW)
Official misconduct	9A.80.010

[Ord. 519 § 30, 2003]

9.04.310 Public disturbance statutes adopted.

Revised Code of Washington provisions, as presently constituted or hereinafter amended, are adopted by reference and are given respective section numbers as set forth in this chapter.


Public Disturbance Statutes
Topic/Title	Source of Adopted Law (RCW)
Riot	9A.84.010
Failure to disperse	9A.84.020
False reporting	9A.84.040
Interference, obstruction of any court, building or residence – Violations	9.27.015

[Ord. 519 § 31, 2003]

9.04.320 Public nuisances statutes adopted.

Revised Code of Washington provisions, as presently constituted or hereinafter amended, are adopted by reference and are given respective section numbers as set forth in this chapter.


Public Nuisance Statutes
Topic/Title	Source of Adopted Law (RCW)
Public nuisances	9.66.010
Unequal damages	9.66.020
Maintaining or permitting nuisance	9.66.030
Abatement of nuisance	9.66.040
Deposit of unwholesome substances	9.66.050

[Ord. 519 § 32, 2003]

9.04.330 Reckless burning and malicious mischief statutes adopted.

Revised Code of Washington provisions, as presently constituted or hereinafter amended, are adopted by reference and are given respective section numbers as set forth in this chapter.


Reckless Burning and Malicious Mischief Statutes
Topic/Title	Source of Adopted Law (RCW)
Definitions	9A.48.010
Reckless burning in the second degree	9A.48.050
Reckless burning – Defense	9A.48.060
Malicious mischief in the third degree	9A.48.090
Malicious mischief – “Physical damage” defined	9A.48.100
Defacing a state monument	9A.48.110

[Ord. 519 § 33, 2003]

9.04.340 Sex offenses statutes adopted.

Revised Code of Washington provisions, as presently constituted or hereinafter amended, are adopted by reference and are given respective section numbers as set forth in this chapter.


Sex Offenses Statutes
Topic/Title	Source of Adopted Law (RCW)
Definitions	9A.44.010
Testimony – Evidence – Written motion – Admissibility	9A.44.020
Defenses to prosecution under this chapter	9A.44.030
“Sexually explicit material” – Defined – Unlawful display	9.68.130
Sexual misconduct with a minor in the Second degree	9A.44.096
Indecent exposure	9A.88.010
Prostitution	9A.88.030
Prostitution – Sex of parties immaterial – No defense	9A.88.050
Promotion prostitution – Definitions	9A.88.060
Permitting prostitution	9A.88.090
Patronizing a prostitute	9A.88.110
Additional fee assessments	9A.88.120

[Ord. 519 § 34, 2003]

9.04.350 Special offenses relative to minors statutes adopted.

Revised Code of Washington provisions, as presently constituted or hereinafter amended, are adopted by reference and are given respective section numbers as set forth in this chapter.


Special Offenses Relative to Minors Statutes
Topic/Title	Source of Adopted Law (RCW)
Definitions	9.68A.011
Processors of depictions of minors engaged in sexually explicit conduct – Report required	9.68A.080
Communication with a minor for immoral purposes	9.68A.090
Certain defenses barred, permitted	9.68A.110
Definitions	9.68A.140
Allowing minor on premises of live erotic performance	9.68A.150
Penalty	9.68A.160
Duty of witness of offense against child or any violent offense – Penalty	9.69.100
Selling or giving tobacco to minors – Belief of representative capacity no defense – Penalty	26.28.080

[Ord. 540, 2004; Ord. 519 § 35, 2003]

9.04.360 Telecommunications crime statutes adopted.

Revised Code of Washington provisions, as presently constituted or hereinafter amended, are adopted by reference and are given respective section numbers as set forth in this chapter.


Telecommunications Crime Statutes
Topic/Title	Source of Adopted Law (RCW)
Telephone company credit cards – Prohibited acts	9.26A.090
Definitions	9.26A.100
Fraud in obtaining telecommunications service – Penalty	9.26A.110
Fraud in operating coin-box telephone or other receptacles	9.26A.120
Penalty for manufacture or sale of slugs to be used for coin	9.26A.130

[Ord. 519 § 36, 2003]

9.04.370 Theft and robbery statutes adopted.

Revised Code of Washington provisions, as presently constituted or hereinafter amended, are adopted by reference and are given respective section numbers as set forth in this chapter.


Theft and Robbery Statutes
Topic/Title	Source of Adopted Law (RCW)
Definitions	9A.56.010
Theft – Definition, defense	9A.56.020
Theft in the third degree	9A.56.050
Unlawful issuance of checks of drafts	9A.56.060
Theft and larceny equated	9A.56.100
Possessing stolen property – Definitions – Access devices, presumption	9A.56.140
Possessing stolen property in the third degree	9A.56.170
Obscuring identity of a machine	9A.56.180
Theft of subscription television services	9A.56.220
Forfeiture and disposal of device used to commit violation	9A.56.240
Connection of channel converter	9A.56.260
Shopping cart theft	9A.56.270
Theft of rental, leased or leased-purchased property	9A.56.270 Chapter 346 1 (1997 Regular Legislative Session)

[Ord. 519 § 37, 2003]

9.04.380 Trespass and prowling statutes adopted.

Revised Code of Washington provisions, as presently constituted or hereinafter amended, are adopted by reference and are given respective section numbers as set forth in this chapter.


Trespass and Prowling Statutes
Topic/Title	Source of Adopted Law (RCW)
Definitions	9A.52.010
Other crime in committing burglary punishable	9A.52.050
Making or having burglar tools	9A.52.060
Criminal trespass in the first degree	9A.52.070
Criminal trespass in the second degree	9A.52.080
Criminal trespass – Defenses	9A.52.090
Vehicle prowling in the second degree	9A.52.100
Computer trespass in the second degree	9A.52.120
Computer trespass – Commission of other crime	9A.52.130

[Ord. 519 § 38, 2003]

9.04.390 Right of privacy statutes adopted.

Revised Code of Washington provisions, as presently constituted or hereinafter amended, are adopted by reference and are given respective section numbers as set forth in this chapter.


Right of Privacy Statutes
Topic/Title	Source of Adopted Law (RCW)
Divulging telegram	9.73.010
Opening sealed letter	9.73.020
Intercepting, recording or divulging private communication – Consent required – Exceptions	9.73.030
Person and activities excepted from chapter	9.73.070
Intercepting, recording, or divulging private communication – Penalty	9.73.080
Certain emergency response personnel exempted from RCW 9.73.030 through 9.73.080 – Standards – Court authorizations – Admissibility	9.73.090
Intercepting, recording or disclosing private communications – Not unlawful for building owner – Conditions	9.73.110

[Ord. 519 § 39, 2003]

9.04.400 Littering statutes adopted.

Revised Code of Washington provisions, as presently constituted or hereinafter amended, are adopted by reference and are given respective section numbers as set forth in this chapter.


Littering Statutes
Topic/Title	Source of Adopted Law (RCW)
Civil infraction penalties adopted	7.80.120
Littering prohibited – Penalties	70.93.060

[Ord. 519 § 40, 2003]

9.04.410 Civil infractions statutes adopted.

Revised Code of Washington provisions, as presently constituted or hereinafter amended, are adopted by reference and are given respective section numbers as set forth in this chapter.


Civil Infractions Statutes
Topic/Title	Source of Adopted Law (RCW)
Enforcement officer defined	7.80.040
Notice of infraction – Issuance, service, filing	7.80.050
Person receiving notice – Identification and detention	7.80.060
Notice – Determination final unless contested – Form	7.80.070
Response to notice – Contesting determination – Mitigating circumstances – Hearing – Failure to respond or appear	7.80.080
Hearings – Rules of procedure – Counsel	7.80.090
Hearings – Contesting determination that infraction committed – Appeal	7.80.100
Hearings – Explanation of mitigating circumstances	7.80.110
Money penalties – Restitution	7.80.120
Order of court – Civil nature – Modification of penalty – Community service	7.80.130
Costs and attorney fees	7.80.140
Notice – Record of – Cancellation prohibited, penalty – Audit	7.80.150
Purchasing or obtaining tobacco by persons under the age of 18 is a civil infraction	70.155.080

[Ord. 519 § 41, 2003]