Chapter 9.05
CRIMINAL CODE

Sections:

9.05.010    Adoption.

9.05.020    Purposes – Principles of construction.

9.05.030    Criminal jurisdiction.

9.05.040    Classes of crimes.

9.05.050    Punishment and restitution.

9.05.060    Limitation of actions.

9.05.070    Proof beyond a reasonable doubt.

9.05.010 Adoption.

(1) This chapter shall be known as and may be cited as the city of Covington 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 12:01 a.m. on March 1, 1997, 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 city 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. 74-98 § 1)

9.05.020 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 criminal;

(c) To give fair warning of the nature of the conduct declared to constitute an offense; and

(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 statute 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. 74-98 § 2)

9.05.030 Criminal jurisdiction.

Any person who commits any offense defined by this code, in whole or in part, within the corporate limits of the city is liable to arrest, prosecution and punishment. (Ord. 74-98 § 3)

9.05.040 Classes of crimes.

An offense defined by this code, for which a sentence of imprisonment is authorized, constitutes a violation of city ordinance and a crime. Crimes are classified as gross misdemeanors or misdemeanors. (Ord. 74-98 § 4)

9.05.050 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 Covington Criminal Code and the Revised Code of Washington, the penalty provisions of the Revised Code of Washington shall apply. (Ord. 74-98 § 5)

9.05.060 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. 74-98 § 6)

9.05.070 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. 74-98 § 7)