Chapter 9A.04
CRIMINAL CODE

Sections:

9A.04.010    Interpretation – Adoption of statutes.

9A.04.020    Liability.

9A.04.030    Classification of crimes.

9A.04.040    Determination of capability to commit crime.

9A.04.050    Applicability of provisions.

9A.04.060    Citation by city officials.

9A.04.070    Provisions not to affect proceedings under existing law.

9A.04.080    Provisions deemed cumulative and selective.

9A.04.090    Violation – Penalty.

9A.04.010 Interpretation – Adoption of statutes.

A. The Washington Criminal Code as codified in the Revised Code of Washington in the sections listed in subsection F of this section are adopted by reference as and for the criminal ordinances of the city as if set forth in full in this chapter. This chapter shall be known and may be cited as the “Newport Criminal Code” and shall become effective on signing, attestation and publication as required by law.

B. The provisions of this chapter shall apply to any offense committed on or after which is defined in this chapter or the general statutes, unless otherwise expressly provided or unless the context otherwise requires, and shall also apply to any defense to prosecution for such an offense.

C. The provisions of this chapter do not apply to or govern the construction of and punishment for any offense committed prior to 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 at the time of the commission thereof in the same manner as if this chapter had not been enacted.

D. If any provision of this chapter, or its application to any person or circumstances is held invalid, the remainder of the chapter, or the application of the provision to other persons or circumstances is not affected, and to this end the provisions of this chapter are declared to be severable.

E. Chapter, section and subsection captions are for organizational purposes only and shall not be construed as part of this chapter.

F. The Washington Criminal Code, as codified in the following sections, is adopted by reference as and for the criminal code of the city as if set forth in full in this chapter: RCW 9.08.020, 9.08.030, 9.08.070, 9.12.010, 9.12.020, 9.16.010, 9.16.020, 9.16.030, 9.16.040, 9.16.050, 9.16.060, 9.16.070, 9.16.080, 9.16.090, 9.16.100, 9.16.110, 9.16.120, 9.16.130, 9.16.140, 9.16.150, 9.23.010, 9.27.015, 9.38.010, 9.38.020, 9.40.040, 9.40.100, 9.41.010, 9.41.030, 9.41.050, 9.41.060, 9.41.230, 9.41.240, 9.41.250, 9.41.260, 9.41.270, 9.41.280, 9.41.300, 9.44.080, 9.45.060, 9.45.062, 9.45.080, 9.45.090, 9.45.100, 9.45.180, 9.45.190, 9.45.240(1)(a), 9.51.010, 9.51.020, 9.51.030, 9.51.040, 9.51.050, 9.51.060, 9.58.010, 9.58.020, 9.58.030, 9.58.050, 9.58.070, 9.58.090, 9.58.110, 9.58.120, 9.61.240, 9.62.010(2), 9.66.010, 9.66.020, 9.66.030, 9.66.040, 9.66.050, 9.68.015, 9.68.030, 9.68.050, 9.68.060(1), (2), (3(a, b, c, d, i)), 9.68.070, 9.68.080, 9.68.100, 9.68.110, 9.68.120, 9.68.130, 9.68A.011, 9.68A.070, 9.68A.080, 9.68A.090, 9.68A.110, 9.68A.120, 9.68A.150, 9.68A.160, 9.69.100, 9.73.010, 9.73.020, 9.73.030, 9.73.080, 9.86.010, 9.86.020, 9.86.030, 9.86.040, 9.91.010, 9.91.020, 9.91.025, 9.91.060, 9.91.120, 9.92.020, 9.92.030, 9A.04.020, 9A.04.100, 9A.04.110, 9A.08.010, 9A.08.020, 9A.08.030, 9A.12.010, 9A.16.010, 9A.16.020, 9A.16.060, 9A.16.070, 9A.16.080, 9A.16.090, 9A.20.021 (2), (3), 9A.20.030, 9A.28.020(1), (2), (3(d, e)), 9A.28.030, 9A.28.040(1), (2), (3(d, e)), 9A.36.040, 9A.36.041, 9A.36.050, 9A.36.080, 9A.46.020, 9A.46.030, 9A.46.040, 9A.46.050, 9A.46.060, 9A.46.070, 9A.46.080, 9A.46.090, 9A.46.100, 9A.48.050, 9A.48.060, 9A.48.090, 9A.48.100, 9A.52.010, 9A.52.040, 9A.52.050, 9A.52.060, 9A.52.070, 9A.52.080, 9A.52.090, 9A.52.100, 9A.52.120, 9A.52.130, 9A.56.010, 9A.56.020, 9A.56.050, 9A.56.060(1), (2), (3), (5), 9A.56.100, 9A.56.140, 9A.56.170, 9A.56.180, 9A.56.220, 9A.56.230, 9A.56.240, 9A.56.260, 9A.56.270, 9A.60.010, 9A.60.040, 9A.60.050, 9A.72.010, 9A.72.040, 9A.72.140, 9A.72.150, 9A.76.010, 9A.76.020, 9A.76.030, 9A.76.040, 9A.76.050, 9A.76.060, 9A.76.070, 9A.76.080, 9A.76.090, 9A.76.100, 9A.76.130, 9A.76.160, 9A.76.170(1), (2(d)), 9A.80.010, 9A.82.010, 9A.82.160, 9A.82.170, 9A.84.010, 9A.84.020, 9A.84.030, 9A.84.040, 9A.88.010, 9A.88.030, 9A.88.050, 9A.88.060, 9A.88.090, 26.09.300, 26.20.035, 26.28.070, 26.28.080, 66.44.100, 66.44.130, 66.44.150, 66.44.170, 66.44.200, 66.44.210, 66.44.250, 66.44.270, 66.44.290, 66.44.300, 66.44.325, 69.50.401 (e), 69.50.412, each of which are adopted by reference as and for the criminal ordinances of the city as if set forth in full in this chapter, including the RCW sections of Titles 9, 9A, 26 and 66 as now or hereafter amended. (Ord. 717 § 3, 1988)

9A.04.020 Liability.

The following persons are liable to punishment:

A. A person who commits in the city any misdemeanor or gross misdemeanor, in whole or in part;

B. A person who commits out of the city any act which, if committed within it, would be theft and is afterward found in the city with any of the stolen property;

C. A person who being out of the city counsels, causes, procures, aids, or abets another to commit a misdemeanor or gross misdemeanor in the city;

D. A person who commits an act without the city which affects persons or property within the city, which if committed within the city would be a misdemeanor or gross misdemeanor. (Ord. 717 § 4, 1988)

9A.04.030 Classification of crimes.

A. An offense defined by this chapter or by any other statute or ordinance of the city or of the Revised Code of Washington as adopted by reference, of which a sentence of imprisonment is authorized, constitutes a crime. Crimes are classified under this chapter as gross misdemeanors or misdemeanors.

B. A crime is a gross misdemeanor if it is so designated in this chapter or the Revised Code of Washington or by any other statute of this state or ordinance of the city if persons convicted thereof may be sentenced to county jail for a term not to exceed one year or:

1. Punished by a fine not to exceed $5,000; or

2. By both such fine and imprisonment.

C. A crime is a misdemeanor if it is so designated in any title of the Revised Code of Washington or any ordinance of the city or if persons convicted thereof may be sentenced to imprisonment for no more than 90 days in the county jail or such other jail as the city may use, or:

1. Punished by a fine not to exceed $1,000; or

2. By both such fine and imprisonment.

D. Whenever the performance of any act is prohibited by any statute or ordinance, and no penalty for the violation of such statute or ordinance is imposed, the committing of such act shall be a misdemeanor. All crimes other than misdemeanors or felonies as defined in the Revised Code of Washington are gross misdemeanors. (Ord. 717 § 5, 1988)

9A.04.040 Determination of capability to commit crime.

A. Children under the age of eight years are incapable of committing crime. Children of eight and under 12 years of age are presumed to be incapable of committing crime, but this presumption may be removed by proof that they have sufficient capacity to understand the act or neglect, and to know that it was wrong.

B. Whenever in legal proceedings it becomes necessary to determine the age of a child, he may be produced for inspection to enable the court or jury to determine the age thereby; and the court may also direct his examination by one or more physicians, whose opinion shall be competent evidence upon the question of age. (Ord. 717 § 6, 1988)

9A.04.050 Applicability of provisions.

Every person, regardless of whether or not he is an inhabitant of the city, may be tried and punished under the laws of the city for an offense committed by him therein, except when such offense is cognizable exclusively in the courts of the United States. (Ord. 717 § 7, 1988)

9A.04.060 Citation by city officials.

Because the criminal code of Washington is adopted by reference as the criminal code of the city, all law enforcement officers may refer to and cite this code with the codification numbers of the Revised Code of Washington preceded by “NMC,” for Newport Municipal Code. (Ord. 717 § 8, 1988)

9A.04.070 Provisions not to affect proceedings under existing law.

This chapter is not intended to apply to or affect any rights, liabilities, or proceedings existing under prior law at the time the ordinance codified in this chapter takes effect. Any violation of prior law may be prosecuted under such prior law as if this chapter had not been ordained. (Ord. 717 § 9, 1988)

9A.04.080 Provisions deemed cumulative and selective.

The provisions of this chapter are cumulative and selective and do not imply the repeal of any other ordinance dealing with any subject matter treated herein. (Ord. 717 § 10, 1988)

9A.04.090 Violation – Penalty.

A. Any person convicted of a violation of a gross misdemeanor under this chapter whose penalty is not elsewhere provided for shall be punished by a fine not to exceed $5,000 or by imprisonment in the jail for a period not to exceed one year, or by both such fine and imprisonment.

B. Any person convicted of a violation of a misdemeanor under this chapter, whose penalty is not elsewhere provided for, shall be punished by a fine not to exceed $1,000 or by imprisonment in the jail for a period not to exceed 90 days or by both such fine and imprisonment. (Ord. 717 § 11, 1988)