Chapter 9.04
PRELIMINARY ARTICLE

Sections

9.04.010    Short title.

9.04.020    Adoption by reference.

9.04.030    Applicability.

9.04.040    General provisions.

9.04.050    Principles of liability.

9.04.055    Anticipatory offenses.

9.04.060    Defenses.

9.04.070    Contempt of court.

9.04.080    Classification of crimes – Penalties.

9.04.090    Construction.

9.04.100    Civil infractions, failure to sign, respond, appear, or pay penalty.

9.04.110    Prosecution costs.

9.04.120    Incarceration costs.

9.04.010 Short title.

This title is known as and may be referred to as the “criminal code.” [Ord. 1036 § 1, 1993.]

9.04.020 Adoption by reference.

(1) Washington State statutes and State and County regulations adopted by reference in this Title are adopted pursuant to RCW 35A.12.140 as though fully set forth in this Title, and as presently constituted or as may be subsequently amended.

(2) Not less than one copy of each such statute, code, or regulation as codified, and suitably marked to indicate amendments and additions, is filed in the office of the Des Moines City Clerk and with the Administrator of the Des Moines Municipal Court and is available for use and examination by the public.

(3) Notwithstanding the RCW sections that are specifically adopted by reference in this Title, all RCW sections that constitute misdemeanors and gross misdemeanors and the RCW sections necessary for the investigation, arrest, prosecution, sentencing, confinement, and enforcement of misdemeanors and gross misdemeanors are hereby adopted by reference as currently enacted, as hereafter amended, as subsequently adopted, or recodified, and shall be given the same force and effect as if set forth herein in full.

(4) All Class C felony crimes set forth in the RCW are hereby adopted by reference for the purposes of charging a gross misdemeanor for a violation of any of the crimes set forth in chapter 9A.28 RCW, regarding anticipatory offenses, such as criminal attempt, criminal solicitation, or criminal conspiracy. [Ord. 1604 § 1, 2014: Ord. 1036 § 2, 1993.]

9.04.030 Applicability.

(1) The provisions of this title shall apply to an offense committed on or after June 12, 1993, unless otherwise provided or unless the context otherwise requires, and shall also apply to a defense to prosecution for such an offense.

(2) The provisions of this title shall not apply to or govern the construction of and punishment for an offense committed prior to June 12, 1993, or to the construction and application of a defense to a prosecution for such an offense. Such an offense is construed and punished according to the provisions of law existing at the time of the commission thereof in the same manner as if this title had not been enacted. [Ord. 1036 § 3, 1993.]

9.04.040 General provisions.

The following state statutes are adopted by reference and are applicable within the city:

    RCW

9.01.055    Citizen immunity if aiding officer, scope – When.

9.01.110    Omission, when not punishable.

9.01.120    Civil remedies preserved.

9.01.130    Sending letter, when complete.

9.01.160    Application to existing civil rights.

9A.04.020    Purposes – Principles of construction.

9A.04.030    State criminal jurisdiction.

9A.04.040    Classes of crime.

9A.04.050    People capable of committing crimes – Capability of children.

9A.04.060    Common law to supplement statute.

9A.04.070    Who amenable to criminal statutes.

9A.04.080    Limitation of actions.

9A.04.090    Application of general provisions of the code.

9A.04.100    Proof beyond a reasonable doubt.

9A.04.110    Definitions.

[Ord. 1036 § 4, 1993.]

9.04.050 Principles of liability.

The following state statutes are adopted by reference and are applicable within the City:

    RCW

9A.08.010    General requirements of culpability.

9A.08.020    Liability of conduct of another – Complicity.

9A.08.030    Corporate and personal liability.

9A.16.110    Defending against violent crime – Reimbursement.

[Ord. 1604 § 2, 2014: Ord. 1036 § 5, 1993.]

9.04.055 Anticipatory offenses.

The following state statutes are adopted by reference and are applicable within the City:

    RCW

9A.28.020    Criminal attempt.

9A.28.030    Criminal solicitation.

9A.28.040    Criminal conspiracy.

[Ord. 1604 § 15, 2014.]

9.04.060 Defenses.

The following state statutes are adopted by reference and are applicable within the city:

    RCW

9A.12.010    Insanity.

9A.16.010    Definitions.

9A.16.020    Use of force – When lawful.

9A.16.060    Duress.

9A.16.070    Entrapment.

9A.16.080    Action for being detained on mercantile establishment premises for investigation – “Reasonable grounds” as defense.

9A.16.090    Intoxication.

9A.16.100    Use of force on children – Policy – Actions presumed unreasonable.

[Ord. 1036 § 6, 1993.]

9.04.070 Contempt of court.

The following state statutes are adopted by reference and are applicable within the City:

    RCW

7.21.010    Definitions.

7.21.020    Sanctions – Who may impose.

7.21.030    Remedial Sanctions – Payment for losses.

7.21.040    Punitive Sanctions – Fines.

7.21.050    Sanctions – Summary Imposition – Procedure.

7.21.070    Appellate review.

[Ord. 1604 § 3, 2014: Ord. 1036 § 7, 1993.]

9.04.080 Classification of crimes – Penalties.

The following state statutes are adopted by reference and are applicable within the city:

    RCW

9A.20.010    Classification and designation of crimes.

9A.20.021    Maximum sentences for crimes committed July 1, 1984, and after.

9A.20.030    Alternative to fine – Restitution.

[Ord. 1036 § 8, 1993.]

9.04.090 Construction.

(1) In adopting the state statutes by reference, only those crimes and offenses within the jurisdiction of a municipality are adopted and, in those sections adopted that deal with both misdemeanors and felonies, only the language applicable to misdemeanors and gross misdemeanors is applied.

(2) In adopting the state statutes by reference, references to the word “state” are construed to mean and refer to the city. [Ord. 1036 § 9, 1993.]

9.04.100 Civil infractions, failure to sign, respond, appear, or pay penalty.

The following state statute is adopted by reference and is applicable within the City:

    RCW

7.80.160    Failure to exercise notice options – Failure to satisfy penalty.

[Ord. 1604 § 4, 2014: Ord. 1048 § 1, 1993: Ord. 1036 § 10, 1993.]

9.04.110 Prosecution costs.

(1) Whenever a person is convicted of a crime, the person may be required to pay court costs and recoupment along with any fine imposed.

(2) On failure to pay a fine, costs, or recoupment the defendant may be committed to jail until the judgment is paid in full. A defendant who has been committed shall be discharged upon the payment for the part of the fine and costs as remains unpaid after deducting from the whole amount any previous payment, and after deducting the amount allowed for each day of imprisonment.

(3) The amount allowed for each day of imprisonment is the same and is computed in the same manner as provided for Superior Court cases in RCW 10.82.030 and 10.82.040.

(4) All other proceedings in respect of the fine and costs are the same as in like cases in Superior Court. [Ord. 1604 § 5, 2014: Ord. 1036 § 11, 1993.]

9.04.120 Incarceration costs.

The following state statute is adopted by reference and is applicable within the City:

    RCW

10.01.160    Costs – What constitutes – Payment by defendant – Procedure – Remission – Medical or mental health treatment or services.

[Ord. 1604 § 6, 2014: Ord. 1103 § 1, 1994.]