Chapter 1.15
GENERAL PENALTY

Sections:

1.15.010    Principal defined.

1.15.020    Accessory defined.

1.15.030    Trial and punishment of accessory.

1.15.040    Attempts – How punished.

1.15.010 Principal defined.

Every person concerned in the commission of a violation of the ordinances of the city of South Bend, whether he directly commits the act constituting the offense, or aids or abets in its commission, and whether present or absent, and every person who directly or indirectly counsels, encourages, hires, commands, adduces or otherwise procures another to commit a violation of the ordinances of the city of South Bend is a principal and shall be proceeded against and punished as such. The fact that the person aided, abetted, counselled, encouraged, hired, commanded, adduced or procured could not or did not entertain a criminal intent shall not be a defense to any person aiding, abetting, counselling, encouraging, hiring, commanding, adducing or procuring him. (Ord. 914 § 1, 1973).

1.15.020 Accessory defined.

Every person not standing in the relation of husband or wife, brother or sister, parent or grandparent, child or grandchild to the offender, who after the commission of the violation of an ordinance of the city of South Bend shall harbor, conceal, or aid such offender with intent that he may avoid or escape from arrest, trial, conviction or punishment having knowledge that such offender has committed a violation against the ordinances of the city of South Bend, or is liable to arrest, is an accessory to the violation of the ordinance of the city of South Bend. (Ord. 914 § 2, 1973).

1.15.030 Trial and punishment of accessory.

Every accessory to the violation of the ordinance of the city of South Bend may be complained against, tried and convicted in the police court of the city of South Bend, the justice court for the north district of the county of Pacific, or the Superior Court of the State of Washington for Pacific County, and, except where a different punishment is specially provided by law, such accessory shall be punished by confinement in the city jail for a period not to exceed three months or by a fine of not more than $300.00, or by both such fine and imprisonment. (Ord. 914 § 3, 1973).

1.15.040 Attempts – How punished.

An act done with intent to commit a violation of the ordinances of the city of South Bend and attempting but failing to accomplish it is an attempt to commit that crime, and every person who attempts to commit a crime which is a violation of the city ordinances of the city of South Bend shall be punished by confinement in the city jail for a period not to exceed more than half the longest term or by a fine of not more than half the largest sum prescribed upon conviction for the commission of the offense attempted or by both such fine and imprisonment, but nothing herein shall protect a person who, in an unsuccessful attempt to commit one violation of the city ordinances of the city of South Bend, does commit another and different one from the punishment prescribed for the violation actually committed, and a person may be convicted of an attempt to commit a violation of the city ordinances although it appears on the trial that the crime was consummated unless the court in its discretion shall direct that the defendant be tried for the violation of the city ordinance itself. (Ord. 914 § 4, 1973).