Chapter 6.05 CRIMINAL CODE

(1) One copy of the text of every section of the Revised Code of Washington (referred to as “RCW” herein) which is adopted by reference in this chapter, as now in effect and as may subsequently be amended, shall be filed as required by RCW 35A.12.140 and made available for public use.

(2) Offenses under this chapter shall be cited on citations to this chapter (Chapter 6.05 OHMC) and to the corresponding section of the Revised Code of Washington (RCW) that was adopted by reference. (Ord. 1247 § 1, 2001).

6.05.010 Preliminary statement.

(1) This chapter shall be known as, and may be cited as, the Oak Harbor criminal code.

(2) The provisions of this code shall apply to any offense committed on or after January 1, 1997.

(3) The provisions of this code do not apply to, or govern, the construction of and punishment for any offense committed prior to January 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 at that time.

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

(5) Section captions are for organizational purposes only and shall not be construed as part of this code. (Ord. 1071 § 4, 1996).

6.05.020 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 individual or public interests;

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

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

(2) The provisions of this chapter 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 chapter. (Ord. 1071 § 5, 1996).

6.05.030 City criminal jurisdiction.

The following persons are liable to punishment:

(1) A person who commits in the city any crime, as defined by city ordinance, in whole or in part;

(2) 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;

(3) A person who being out of the city, counsels, causes, procures, aids, or abets another to commit a crime in this city;

(4) 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 crime. (Ord. 1071 § 6, 1996).

6.05.040 Classes of crimes.

(1) An offense defined by this chapter, for which a sentence of imprisonment is authorized, constitutes a violation of city ordinance and a crime. For purposes of this chapter, the two terms shall have the same meaning and may be used interchangeably. Violations of city ordinances under this chapter are classified as gross misdemeanors, or misdemeanors.

(2) A violation of a city ordinance under this chapter is a gross misdemeanor, if not otherwise designated by this code, and persons convicted thereof may be sentenced to imprisonment for a term not in excess of one year. A violation of city ordinance is a misdemeanor, if so designated in this code, and persons convicted thereof may be sentenced to imprisonment for a term not in excess of 90 days. (Ord. 1071 § 7, 1996).

6.05.050 Personal jurisdiction.

Every person, regardless of whether or not an inhabitant or resident of the city, may be tried and punished under this code for any violation of city ordinance committed by him or her within the corporate limits of the city. (Ord. 1071 § 8, 1996).

6.05.060 Limitation of action.

(1) No violation of city ordinance which is classified as a gross misdemeanor may be prosecuted more than two years after its commission. No violation of city ordinance classified as a misdemeanor may be prosecuted more than one year after its commission.

(2) The periods of limitation prescribed herein do not run during any time when the person charged is not usually and publicly resident within this state.

(3) If, before the end of a period of limitation prescribed herein, a complaint or an information has been filed, and the complaint or information is 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. 1071 § 9, 1996).

6.05.070 Common law to supplement chapter.

The provisions of the common law relating to the commission of crime and punishment thereof, insofar as not inconsistent with the Constitution and statutes of this state, and ordinances of this city, shall supplement all criminal statutes of this city and all persons offending against the same shall be tried in the courts of this state having jurisdiction of the offense. (Ord. 1071 § 10, 1996).

6.05.090 Definitions.

RCW 9A.04.110, as now in effect, and as may subsequently be amended, is hereby adopted by reference as the definitions section of the Oak Harbor criminal code. (Ord. 1071 § 12, 1996).

6.05.100 Principles of liability.

The following sections of the Revised Code of Washington as now in effect, and as may subsequently be amended, are hereby adopted by reference as the principles of liability of the Oak Harbor criminal code:

9A.08.010 General requirements of culpability.

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

9A.08.030 Criminal liability of corporations and persons acting or under a duty to act in their behalf.

(Ord. 1071 § 13, 1996).

6.05.110 Defense of insanity.

RCW 9A.12.010 as now in effect, and as may subsequently be amended, is hereby adopted by reference as the defense of insanity section of the Oak Harbor criminal code. (Ord. 1071 § 14, 1996).

6.05.120 Defenses.

The following sections of the Revised Code of Washington as now in effect, and as may subsequently be amended, are hereby adopted by reference as defenses of culpability under the Oak Harbor criminal code:

9A.16.010 Definitions.

9A.16.020 Use of force – When lawful.

9A.16.030 Homicide – When excusable.

9A.16.040 Justifiable homicide or use of deadly force by public officer, peace officer, person aiding.

9A.16.050 Homicide – By other person – When justifiable.

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.

9A.16.110 Defending against violent crime – Reimbursement.

(Ord. 1071 § 15, 1996).

6.05.130 Punishment.

(1) Every person convicted of a violation of law under this chapter classified as a gross misdemeanor, or not otherwise classified, shall be punished by imprisonment in jail for a maximum term fixed by the court of not more than one year, or by a fine in an amount fixed by the court of not more than $5,000, or by both such imprisonment and fine.

(2) Every person convicted of violating a city ordinance classified as a misdemeanor, shall be punished by imprisonment in jail for a maximum term fixed by the court of not more than 90 days, or by a fine in an amount fixed by the court of not more than $1,000, or by both such imprisonment and fine. (Ord. 1071 § 16, 1996).

6.05.140 Restitution.

RCW 9A.20.030 as now in effect, and as may subsequently be amended, is hereby adopted by reference to provide for restitution as an alternative to a fine under the Oak Harbor criminal code. (Ord. 1071 § 17, 1996).

6.05.150 Anticipatory offenses.

The following sections of the Revised Code of Washington as now in effect, and as may subsequently be amended, are hereby adopted by reference as anticipatory offenses under the Oak Harbor criminal code:

9A.28.020 Criminal attempt.

9A.28.030 Criminal solicitation.

9A.28.040 Criminal conspiracy.

(Ord. 1071 § 18, 1996).

6.05.160 Assault and other crimes involving physical harm.

The following sections of the Revised Code of Washington as now in effect, and as may subsequently be amended, are hereby adopted by reference to establish the crimes of assault and other crimes involving physical harm under the Oak Harbor criminal code:

9A.36.041 Assault in the fourth degree.

9A.36.050 Reckless endangerment in the second degree.

9A.36.070 Coercion.

(Ord. 1071 § 19, 1996).

6.05.165 Fighting.

(1) It is unlawful for any person to intentionally fight with another person in a public place and thereby create a substantial risk of:

(a) Injury to a person who is not actively participating in the fight; or

(b) Damage to the property of a person who is not actively participating in the fight.

(2) In any prosecution under subsection (1) of this section, it is an affirmative defense that:

(a) The fight was duly licensed or authorized by law; or

(b) The person was acting in self-defense.

(3) As used in this section, “public place” means an area open to the general public, and includes streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, automobiles (whether moving or not), and buildings open to the general public including those which serve food and drink or provide entertainment, and the doorways and entrances to buildings or dwellings and the grounds enclosing them.

(4) A violation of this section is a misdemeanor. (Ord. 1091 § 1, 1997).

6.05.170 Sexual offenses.

The following sections of the Revised Code of Washington as now in effect, and as may subsequently be amended, are hereby adopted by reference to establish sexual offenses under the Oak Harbor criminal code:

9A.44.010 Definitions.

9A.44.020 Testimony – Evidence – Written motion – Admissibility.

9A.44.030 Defenses to prosecution under this chapter.

9A.44.096 Sexual misconduct with a minor in the second degree.

9A.44.120 Admissibility of child’s statement – Conditions.

9A.44.150 Testimony of child by closed circuit television.

(Ord. 1071 § 20, 1996).

6.05.180 Harassment.

(1) The following sections of the Revised Code of Washington as now in effect, and as may subsequently be amended, are hereby adopted by reference to establish the crime of harassment under the Oak Harbor criminal code:

9A.46.010 Legislative finding.

9A.46.020 Definition – Penalties.

9A.46.030 Place where committed.

9A.46.040 Court-ordered requirements upon person charged with crime – Violation.

9A.46.050 Arraignment – No-contact order.

9A.46.060 Crimes included in harassment.

9A.46.070 Enforcement of orders restricting contact.

9A.46.080 Order restricting contact – Violation.

9A.46.090 Nonliability of peace officer.

9A.46.100 “Convicted”, time when.

9A.46.110 Stalking.

(2) The following sections of RCW Title 9 as now in effect, and as may subsequently be amended, are hereby adopted by reference to establish additional crimes of harassment under the Oak Harbor criminal code:

9.61.230 Telephone harassment.

9.61.240 Telephone calls to harass, intimidate, torment or embarrass – Permitting telephone to be used.

9.61.250 Telephone calls to harass, intimidate, torment, or embarrass – Offenses, where deemed committed.

(Ord. 1071 § 21, 1996).

6.05.190 Reckless burning and malicious mischief.

The following sections of the Revised Code of Washington as now in effect, and as may subsequently be amended, are hereby adopted by reference to establish the crime of reckless burning and malicious mischief under the Oak Harbor criminal code:

9A.48.050 Reckless burning in the second degree.

9A.48.060 Reckless burning – Defense.

9A.48.090 Malicious mischief in the third degree.

9A.48.100 Malicious mischief – “Physical damage” defined.

9A.48.110 Defacing a state monument.

(Ord. 1071 § 22, 1996).

6.05.200 Trespass and prowling.

The following sections of the Revised Code of Washington as now in effect, and as may subsequently be amended, are hereby adopted by reference to establish the crimes of trespass and prowling under the Oak Harbor criminal code:

9A.52.010 Definitions.

9A.52.060 Making or having burglar tools.

9A.52.070 Criminal trespass in the first degree.

9A.52.080 Criminal trespass in the second degree.

9A.52.090 Criminal trespass – Defenses.

9A.52.100 Vehicle prowling in the second degree.

9A.52.120 Computer trespass in the second degree.

9A.52.130 Computer trespass – Commission of other crime.

(Ord. 1071 § 23, 1996).

6.05.210 Theft and possession of stolen property.

The following sections of the Revised Code of Washington as now in effect, and as may subsequently be amended, are hereby adopted by reference to establish the crimes of theft and stolen properly under the Oak Harbor criminal code:

9A.56.010 Definitions.

9A.56.020 Theft – Definition, defense.

9A.56.050 Theft in the third degree.

9A.56.060 Unlawful issuance of checks or drafts.

9A.56.100 Theft and larceny equated.

9A.56.140 Possessing stolen property – Definition – Access devices, presumption.

9A.56.170 Possessing stolen property in the third degree.

9A.56.180 Obscuring identity of a machine.

9A.56.220 Theft of cable television services.

9A.56.240 Forfeiture and disposal of device used to commit violation.

9A.56.260 Connection of channel converter.

9A.56.270 Shopping cart theft.

(Ord. 1071 § 24, 1996).

6.05.220 Fraud.

(1) The following sections of the Revised Code of Washington as now in effect, and as may subsequently be amended, are hereby adopted by reference to establish the crime of fraud under the Oak Harbor criminal code:

9A.60.010 Definitions.

9A.60.040 Criminal impersonation.

9A.60.050 False certification.

(2) The following sections of RCW Title 9 as now in effect, and as may subsequently be amended, are hereby adopted by reference to establish the following crimes of fraud under the Oak Harbor criminal code:

9.45.060 Encumbered, leased, or rented personal property – Construction.

9.45.062 Failure to deliver leased personal property – Requisites for prosecution – Construction.

9.45.070 Mock auctions.

9.45.080 Fraudulent removal of property.

9.45.090 Knowingly receiving fraudulent conveyance.

9.45.100 Fraud in assignment for benefit of creditors.

(Ord. 1071 § 25, 1996).

6.05.225 Defrauding a public utility.

The following sections of the Revised Code of Washington as now in effect, and as may subsequently be amended, are hereby adopted by reference to establish the crime of defrauding a public utility under the Oak Harbor criminal code:

9A.61.010 Definitions.

9A.61.020 Defrauding a public utility.

9A.61.050 Defrauding a public utility in the third degree.

9A.61.060 Restitution and costs.

9A.61.070 Damages not precluded.

(Ord. 1071 § 26, 1996).

6.05.230 False swearing and tampering.

The following sections of the Revised Code of Washington as now in effect, and as may subsequently be amended, are hereby adopted by reference to establish the crimes false swearing and tampering under the Oak Harbor criminal code:

9A.72.010 Definitions.

9A.72.040 False swearing.

9A.72.050 Perjury and false swearing – Inconsistent statements – Degree of crime.

9A.72.060 Perjury and false swearing – Retraction.

9A.72.070 Perjury and false swearing – Irregularities no defense.

9A.72.080 Statement of what one does not know to be true.

9A.72.085 Matters in official proceeding required to be supported, etc., by sworn statement, etc., may be supported, etc., by unsworn statement, etc., may be supported, etc., by unsworn written statement, etc. – Requirements of unsworn statement, form.

9A.72.140 Jury tampering.

9A.72.150 Tampering with physical evidence.

(Ord. 1071 § 27, 1996).

6.05.240 Obstructing governmental operation.

(1) The following sections of the Revised Code of Washington as now in effect, and as may subsequently be amended, are hereby adopted by reference to establish the crimes relating to obstructing governmental operation under the Oak Harbor criminal code:

9A.76.010 Definitions.

9A.76.020 Obstructing a public servant.

9A.76.030 Refusing to summon aid for a peace officer.

9A.76.040 Resisting arrest.

9A.76.050 Rendering criminal assistance – Definition of term.

9A.76.060 Relative defined.

9A.76.070 Rendering criminal assistance in the first degree.

9A.76.080 Rendering criminal assistance in the second degree.

9A.76.090 Rendering criminal assistance in the third degree.

9A.76.100 Compounding.

9A.76.130 Escape in the third degree.

9A.76.160 Introducing contraband in the third degree.

9A.76.170 Bail jumping.

9A.76.175 Making a false or misleading statement to a public servant.

(2) The following sections of RCW Title 9 as now in effect, and as may subsequently be amended, are hereby adopted by reference to establish additional crimes relating to obstructing governmental operation under the Oak Harbor criminal code:

9.62.010 Malicious prosecution.

9.62.020 Instituting suit in name of another.

(Ord. 1071 § 28, 1996).

6.05.250 Official misconduct.

The following sections of the Revised Code of Washington as now in effect, and as may subsequently be amended, are hereby adopted by reference to establish the crime of official misconduct under the Oak Harbor criminal code:

9A.80.010 Official misconduct.

(Ord. 1071 § 29, 1996).

6.05.260 Public disturbance.

The following sections of the Revised Code of Washington as now in effect, and as may subsequently be amended, are hereby adopted by reference to establish crimes relating to public disturbance under the Oak Harbor criminal code:

9A.84.010 Riot.

9A.84.020 Failure to disperse.

9A.84.030 Disorderly conduct.

9A.84.040 False reporting.

(Ord. 1071 § 30, 1996).

6.05.270 Indecent exposure – Prostitution.

The following sections of the Revised Code of Washington as now in effect, and as may subsequently be amended, are hereby adopted by reference to establish the crime of indecent exposure under the Oak Harbor criminal code:

9A.88.010 Indecent exposure.

9A.88.030 Prostitution.

9A.88.050 Prostitution – Sex of parties immaterial – No defense.

9A.88.060 Promoting prostitution – Definitions.

9A.88.090 Permitting prostitution.

9A.88.110 Patronizing a prostitute.

9A.88.120 Additional fee assessments.

(Ord. 1071 § 31, 1996).

6.05.280 Abandoned refrigeration equipment.

The following sections of RCW Title 9 as now in effect and as may subsequently be amended, are hereby adopted by reference to establish crimes relating to abandoned refrigeration equipment under the Oak Harbor criminal code:

9.03.010 Abandoning, discarding refrigeration equipment.

9.03.020 Permitting unused equipment to remain on premises.

9.03.040 Keeping or storing equipment for sale.

(Ord. 1071 § 32, 1996).

6.05.290 Crimes relating to animals.

The following sections of RCW Title 9 as now in effect, and as may subsequently be amended, are hereby adopted by reference to establish crimes relating to animals under the Oak Harbor criminal code:

9.08.020 Diseased animals.

9.08.030 False certificate of registration of animals – False representation as to breed.

9.08.065 Definitions.

9.08.070 Pet animals – Taking, concealing, injuring, killing, etc. – Penalty.

(Ord. 1071 § 33, 1996).

6.05.300 Trademarks and other marks.

The following sections of RCW Title 9 as now in effect, and as may subsequently be amended, are hereby adopted by reference to establish crimes relating to trademarks and other marks under the Oak Harbor criminal code:

9.16.010 Removing lawful brands.

9.16.020 Imitating lawful brand.

9.16.030 Counterfeiting trademark, brand, etc.

9.16.040 Displaying goods with false trademark.

9.16.050 When deemed affixed.

9.16.070 Form and similitude defined.

9.16.080 Sales of petroleum products improperly labeled or by wrong grade.

9.16.090 Sales of petroleum products improperly labeled or by wrong grade – Penalty for violations.

9.16.100 Use of words “sterling silver”, etc.

9.16.110 Use of words “coin silver”, etc.

9.16.120 Use of word “sterling” on mounting.

9.16.130 Use of the words “coin silver” on mounting.

9.16.140 Unlawfully marking articles made of gold.

9.16.150 “Marked, stamped or branded”, defined.

(Ord. 1071 § 34, 1996).

6.05.310 Competitive bidding.

The following sections of RCW Title 9 as now in effect, and as may subsequently be amended, are hereby adopted by reference to establish crimes relating to competitive bidding under the Oak Harbor criminal code:

9.18.120 Suppression of competitive bidding.

9.18.130 Collusion to prevent competitive bidding.

9.18.140 Penalty.

(Ord. 1071 § 35, 1996).

6.05.320 Interference of court.

The following sections of RCW Title 9 as now in effect, and as may subsequently be amended, are hereby adopted by reference to establish the crimes relating to interference with courts under the Oak Harbor criminal code:

9.27.015 Interference, obstruction of any court, building, or residence – Violations.

(Ord. 1071 § 36, 1996).

6.05.330 Crimes relating to corporations.

The following sections of RCW Title 9 as now in effect, and as may subsequently be amended, are hereby adopted by reference to establish crimes relating to corporations under the Oak Harbor criminal code:

9.24.010 Fraud in stock subscription.

9.24.040 Corporation doing business without license.

(Ord. 1071 § 37, 1996).

6.05.340 Telephone credit cards.

The following sections of RCW Title 9 as now in effect, and as may subsequently be amended, are hereby adopted by reference to establish crimes relating to telephone credit cards under the Oak Harbor criminal code:

9.26A.090 Telephone company credit cards – Publishing numbers or code – “Publishes” defined.

9.26A.100 Definitions.

9.26A.110 Fraud in obtaining telecommunications service – Penalty.

9.26A.120 Fraud in operating coin-box telephone or other receptacle.

9.26A.130 Penalty for manufacture or sale of slugs to be used for coin.

(Ord. 1071 § 38, 1996).

6.05.350 False representations.

The following sections of RCW Title 9 as now in effect, and as may subsequently be amended, are hereby adopted by reference to establish crimes relating to false representations under the Oak Harbor criminal code:

9.38.010 False representation concerning credit.

9.38.020 False representation concerning title.

(Ord. 1071 § 39, 1996).

6.05.360 Crimes relating to fire alarms.

The following sections of RCW Title 9 as now in effect, and as may subsequently be amended, are hereby adopted by reference to establish crimes relating to fire alarms under the Oak Harbor criminal code:

9.40.040 Operating engine or boiler without spark arrester.

9.40.100 Injuring or tampering with fire alarm apparatus or equipment – Sounding false alarm of fire.

(Ord. 1071 § 40, 1996).

6.05.370 Firearms and dangerous weapons.

The following sections of RCW Title 9 as now in effect, and as may subsequently be amended, are hereby adopted by reference to establish crimes relating to firearms and dangerous weapons under the Oak Harbor criminal code:

9.41.010 Terms defined.

9.41.050 Carrying pistol.

9.41.060 Exception to restriction on carrying pistol.

9.41.070 Issue of licenses to carry – Fee – Revocation – Renewal.

9.41.090 Commercial sales regulated – Requirements for delivery – Hold on delivery.

9.41.093 Exemptions.

9.41.098 Forfeiture of firearms – Disposition – Confiscation officer.

9.41.100 Dealers to be licensed.

9.41.110 Dealer’s licenses, by whom granted and conditions thereof – Wholesale sales excepted – Permits prohibited.

9.41.120 Certain transfers forbidden.

9.41.130 False information forbidden.

9.41.140 Alteration of identifying marks – Exceptions.

9.41.170 Alien’s license to carry firearms – Exceptions.

9.41.230 Aiming or discharging firearms.

9.41.240 Possession of pistol by person from eighteen to twenty-one.

9.41.250 Dangerous weapons – Evidence.

9.41.260 Dangerous exhibitions.

9.41.270 Weapons apparently capable of producing bodily harm, carrying, exhibiting, displaying or drawing unlawful – Penalty – Exceptions.

9.41.280 Students carrying dangerous weapons on school premises – Penalty – Exceptions.

9.41.290 State preemption.

9.41.300 Firearms prohibited in certain places – Local laws and ordinances Exceptions – Penalty.

9.41.810 Penalty.

(Ord. 1071 § 41, 1996).

6.05.380 Misconduct in signing a petition.

The following sections of RCW Title 9 as now in effect, and as may subsequently be amended, are hereby adopted by reference to establish the crime of misconduct in signing a petition under the Oak Harbor criminal code:

9.44.080 Misconduct in signing a petition.

(Ord. 1071 § 42, 1996).

6.05.390 Gambling offenses.

Whoever engages in gambling activities not specifically authorized or contrary to the state of Washington pursuant to Chapter 9.46 RCW as now in effect, and as may subsequently be amended, or whoever knowingly causes, aids, abets or conspires with another to engage in gambling activities not specifically authorized or are contrary to the state of Washington pursuant to Chapter 9.46 RCW as now in effect, and as may subsequently be amended shall be guilty of a misdemeanor. (Ord. 1071 § 43, 1996).

6.05.400 Inhaling toxic fumes.

The following sections of RCW Title 9 as now in effect, and as may subsequently be amended, are hereby adopted by reference to establish crimes relating to the inhaling of toxic fumes under the Oak Harbor criminal code:

9.47A.010 Definition.

9.47A.020 Unlawful inhalation – Exception.

9.47A.030 Possession of certain substances prohibited, when.

9.47A.040 Sale of certain substances prohibited, when.

9.47A.050 Penalty.

(Ord. 1071 § 44, 1996).

6.05.410 Public nuisances.

The following sections of RCW Title 9 as now in effect, and as may subsequently be amended, are hereby adopted by reference to establish crimes relating to public nuisances under the Oak Harbor criminal code:

9.66.010 Public nuisance.

9.66.020 Unequal damage.

9.66.030 Maintaining or permitting nuisance.

9.66.040 Abatement of nuisance.

9.66.050 Deposit of unwholesome substance.

(Ord. 1071 § 45, 1996).

6.05.420 Sexually explicit material.

The following sections of RCW Title 9 as now in effect, and as may subsequently be amended, are hereby adopted by reference to establish the crime of displaying sexually explicit material under the Oak Harbor criminal code:

9.68.050 “Erotic material” – Definitions.

9.68.060 “Erotic material” – Determination by court – Labeling – Penalties.

9.68.070 Prosecution for violation of the Revised Code of Washington 9.68.060 – Defense.

9.68.130 “Sexually explicit material” – Defined – Unlawful display.

(Ord. 1071 § 46, 1996).

6.05.430 Special offenses relative to minors.

The following sections of RCW Title 9 as now in effect, and as may subsequently be amended, are hereby adopted by reference to establish special crimes involving minors under Oak Harbor criminal code:

9.68A.011 Definitions.

9.68A.080 Processors of depictions of minor engaged in sexually explicit conduct – Report required.

9.68A.090 Communication with minor for immoral purposes.

9.68A.110 Certain defenses barred, permitted.

9.68A.120 Seizure and forfeiture of property.

9.68A.140 Definition.

9.68A.150 Allowing minor on premises of live erotic performance.

9.68A.160 Penalty.

9.69.100 Duty of witness of offense against child or any violent office – Penalty.

(Ord. 1071 § 47, 1996).

6.05.440 Violating right of privacy.

The following sections of RCW Title 9 as now in effect, and as may subsequently be amended, are hereby adopted by reference to establish crimes relating to violation of the right of privacy under the Oak Harbor criminal code:

9.73.010 Divulging telegram.

9.73.020 Opening sealed letter.

9.73.080 Intercepting, recording, or divulging private communication penalty.

(Ord. 1071 § 48, 1996).

6.05.450 Miscellaneous crimes.

The following sections of RCW Title 9 as now in effect, and as may subsequently be amended, are hereby adopted by reference to establish the following miscellaneous crimes under the Oak Harbor criminal code:

9.91.010 Denial of civil rights – Terms defined.

9.91.025 Unlawful bus conduct.

9.91.060 Leaving children unattended in parked automobile.

9.91.090 Fraudulent destruction of insured property.

9.91.110 Metal buyers – Records of purchases – Penalty.

9.91.130 Disposal of trash in charity donation receptacle.

9.91.140 Food coupons.

9.91.150 Tree spiking.

9.91.160 Personal protection spray devices.

(Ord. 1071 § 49, 1996).

6.05.460 Alcoholic beverage control.

(1) The following sections of Chapter 66.04 RCW as now in effect, and as may subsequently be amended, are hereby adopted by reference to establish definitions relating to alcoholic beverage control under the Oak Harbor criminal code:

66.04.010 Definitions.

(2) The following sections of Chapter 66.20 RCW as now in effect, and as may subsequently be amended, are hereby adopted by reference to establish regulations and crimes regarding alcoholic beverages under the Oak Harbor criminal code:

66.20.160 “Card of identification”, “licensee”, “store employee” defined for certain purposes.

66.20.170 Card of identification may be accepted as identification card and evidence of legal age.

66.20.180 Card of identification to be presented on request of licensee.

66.20.190 Identification card holder may be required to sign certification card – Contents – Procedure – Statement.

66.20.200 Unlawful acts relating to card of identification and certification card – Penalty.

66.20.210 Licensee’s immunity to prosecution or suit – Certification card as evidence of good faith.

(3) The following section of Chapter 66.28 RCW as now in effect, and as may subsequently be amended, is hereby adopted by reference to establish regulations and crimes regarding alcoholic beverages under the Oak Harbor criminal code:

66.28.090 Licensed premises or banquet permit premises open to inspection – Failure to allow, violation.

(4) The following sections of Chapter 66.32 RCW as now in effect, and as may subsequently be amended, are hereby adopted by reference to establish regulations and crimes regarding alcoholic beverages under the Oak Harbor criminal code:

66.32.010 Possession of contraband liquor.

66.32.020 Search warrant – Search and seizure.

66.32.030 Service of warrant – Receipt for seized property.

66.32.040 Forfeiture of liquor directed if kept unlawfully.

66.32.050 Hearing.

66.32.060 Claimants may appear.

66.32.070 Judgment of forfeiture – Disposition of proceeds of property sold.

66.32.080 Forfeiture action no bar to criminal prosecution.

66.32.090 Seized liquor to be reported and delivered to board.

(5) The following sections of Chapter 66.44 RCW as now in effect, and as may subsequently be amended, are hereby adopted by reference to establish regulations and crimes regarding alcoholic beverages under the Oak Harbor criminal code:

66.44.010 Local officers to enforce law – Authority of board – Liquor enforcement officers.

66.44.040 Sufficiency of description of offenses in complaints, informations, process, etc.

66.44.050 Description of offense in words of statutes – Proof required.

66.44.060 Proof of unlawful sale establishes prima facie intent.

66.44.070 Certified analysis is prima facie evidence of alcoholic content.

66.44.080 Service of process on corporation.

66.44.090 Acting without license.

66.44.100 Opening or consuming liquor in public place – Penalty.

66.44.120 Unlawful use of seal.

66.44.130 Sales of liquor by drink or bottle.

66.44.140 Unlawful sale, transportation of spiritous liquor without stamp or seal – Unlawful operation, possession of still or mash.

66.44.150 Buying liquor illegally.

66.44.160 Illegal possession, transportation of alcoholic beverages.

66.44.170 Illegal possession of liquor with intent to sell – Prima facie evidence, what is.

66.44.175 Violations of law.

66.44.180 General penalties – Jurisdiction for violations.

66.44.190 Sale on university grounds prohibited – Exceptions.

66.44.200 Sale to persons apparently under the influence of liquor – Purchases or consumption by persons apparently under the influence of liquor on licensed premises – Penalty – Notice – Separation of actions.

66.44.210 Obtaining liquor for ineligible person.

66.44.240 Drinking in public conveyance – Penalty against carrier – Exception.

66.44.250 Drinking in public conveyance – Penalty against individual – Restricted application.

66.44.265 Candidates giving or purchasing liquor on election day prohibited.

66.44.270 Furnishing liquor to minors – Possession, use – Penalties – Exhibition of effects – Exceptions.

66.44.280 Minor applying for permit.

66.44.290 Minor purchasing or attempting to purchase liquor.

66.44.291 Minor purchasing or attempting to purchase liquor – Penalty against persons between ages of eighteen and twenty, inclusive.

66.44.292 Sales to minors by licensee or employee – Board notification to prosecuting attorney to formulate charges against minors.

66.44.300 Treats, gifts, purchases of liquor for or from minor, or holding out minor as at least twenty-one, in public place where liquor sold.

66.44.310 Minors frequenting off-limits area – Misrepresentation of age – Penalty – Classification of licensees.

66.44.316 Certain persons eighteen years and over permitted to enter and remain upon licensed premises during employment.

66.44.318 Employees aged eighteen to twenty-one stocking, merchandising, and handling beer and wine.

66.44.325 Unlawful transfer to a minor of an identification of age.

66.44.328 Preparation or acquisition and supply to persons under age twenty-one of facsimile of official identification card – Penalty.

66.44.330 Prosecutions to be reported by prosecuting attorney and police court.

66.44.340 Employees eighteen years and over allowed to sell and handle beer and wine for certain licensed employers.

66.44.350 Employees eighteen years and over allowed to serve and carry liquor, clean up, etc., for certain licensed employers.

66.44.365 Juvenile driving privileges – Alcohol or drug violations.

66.44.370 Resisting or opposing officers in enforcement of title.

(Ord. 1247 § 4, 2001; Ord. 1071 § 50, 1996).

6.05.465 Legend drugs – Prescription drugs.

The following sections of Chapter 69.41 RCW now in effect, and as may subsequently be amended, are hereby adopted by reference to establish regulations and crimes regarding legend drugs and prescription drugs under the Oak Harbor criminal code:

69.41.010 Definitions.

69.41.030 Sale, delivery, or possession of legend drug without prescription or order prohibited – Exceptions.

69.41.032 Prescription of legend drugs by dialysis programs.

69.41.040 Prescription requirements.

69.41.050 Labeling requirements.

69.41.060 Search and seizure.

69.41.062 Search and seizure at rental premises – Notification of landlord.

69.41.065 Violations – Juvenile driving privileges.

69.41.070 Penalties.

69.41.075 Rules – Availability of lists of drugs.

69.41.300 Definitions.

69.41.310 Rules.

69.41.320 Practitioners – Restricted use – Medical records.

(Ord. 1247 § 2, 2001).

6.05.470 Controlled substances.

The following sections of RCW Title 69 now in effect, and as may subsequently be amended, are hereby adopted by reference to establish regulations and crimes regarding controlled substances and drug paraphernalia under the Oak Harbor criminal code:

69.50.101 Definitions.

69.50.102 Drug paraphernalia – Definitions.

69.50.401 Prohibited Acts: A – Penalties.

69.50.404 Penalties under other laws.

69.50.412 Prohibited Acts: E – Penalties.

69.50.4121 Drug paraphernalia – Selling or giving – Penalty.

69.50.420 Violations – Juvenile driving privileges.

69.50.425 Misdemeanor violations – Minimum imprisonment.

69.50.505 Seizure and forfeiture.

69.50.506 Burden of proof; liabilities.

(Ord. 1247 § 5, 2001; Ord. 1071 § 51, 1996).

6.05.480 Custodial interference.

The following sections of RCW Title 9A now in effect and as may subsequently be amended, are hereby adopted by reference to establish regulations and crimes regarding custodial interference under the Oak Harbor criminal code:

9A.40.010 Definitions.

9A.40.070 Custodial interference in the second degree.

9A.40.080 Custodial interference – Assessment of cost – Defense – Consent defense restricted.

(Ord. 1071 § 52, 1996).

6.05.490 Interference with health care facilities or providers.

The following sections of RCW Title 9A now in effect, and as may subsequently be amended, are hereby adopted by reference to establish regulations and crimes regarding interference with health care facilities or providers under the Oak Harbor criminal code:

9A.50.005 Finding.

9A.50.010 Definition.

9A.50.020 Interference with health care facility.

9A.50.030 Penalty.

9A.50.060 Informational picketing.

9A.50.070 Protection of health care patients and providers.

(Ord. 1071 § 53, 1996).

6.05.500 Barratry.

The following section of RCW Title 9 now in effect, and as may subsequently be amended, is hereby adopted by reference to establish regulations and crimes regarding barratry under the Oak Harbor criminal code:

9.12.010 Barratry.

(Ord. 1071 § 54, 1996).

6.05.510 Obtaining hotel, restaurant, lodging house, ski area, etc., accommodations by fraud.

The following sections of Chapter 19.48 RCW as now in effect, and as may subsequently be amended, are hereby adopted by reference to establish the crime of “Obtaining hotel, restaurant, lodging house, ski area, etc., accommodations by fraud” under the Oak Harbor criminal code:

19.48.010 Definitions.

19.48.110 Obtaining hotel, restaurant, lodging house, ski area, etc., accommodations by fraud – Penalty.

(Ord. 1247 § 6, 2001; Ord. 1082 § 19, 1997).

6.05.520 Unlawful harboring of a minor.

The following section of Chapter 13.32A RCW as now in effect, and as may subsequently be amended, is hereby adopted by reference to establish the crime of “Unlawful harboring of a minor” under the Oak Harbor criminal code:

13.32A.080 Unlawful harboring of a minor – Penalty – Defense – Prosecution of adult for involving child in commission of offense.

(Ord. 1247 § 7, 2001; Ord. 1082 § 20, 1997).

6.05.530 Selling or giving tobacco to minor – Belief of representative capacity, no defense – Penalty.

Every person who sells or gives, or permits to be sold or given, to any person under the age of 18 years any cigar, cigarette, cigarette paper or wrapper, or tobacco in any form is guilty of a gross misdemeanor. It shall be no defense to a prosecution for a violation of this section that the person acted, or was believed by the defendant to act, as agent or representative of another. (Ord. 1082 § 21, 1997).

6.05.540 Crimes relating to school property and personnel.

The following sections of RCW Title 28A now in effect, and as may subsequently be amended, are hereby adopted by reference to establish regulations and crimes regarding school property and personnel under the Oak Harbor criminal code:

28A.635.010 Abusing or insulting teachers, liability for – Penalty.

28A.635.020 Willfully disobeying school administrative personnel or refusing to leave public property, violations, when – Penalty.

28A.635.030 Disturbing school, school activities or meetings – Penalty.

28A.635.040 Examination questions – Disclosing – Penalty.

28A.635.050 Certain corrupt practices of school officials – Penalty.

28A.635.060 Defacing or injuring school property – Liability of pupil, parent, or guardian – Withholding grades, diploma, or transcripts – Suspension and restitution – Voluntary work program as alternative – Rights protected.

28A.635.070 Property, failure of officials or employees to account for – Mutilation by – Penalties.

28A.635.090 Interference by force or violence – Penalty.

28A.635.100 Intimidating any administrator, teacher, classified employee, or student by threat of force or violence unlawful.

28A.635.110 Violations under RCW 28A.635.090 and 28A.635.100 – Disciplinary authority exception.

28A.635.120 Violations under RCW 28A.635.090 and 28A.635.100 – Penalty.

(Ord. 1247 § 3, 2001).