Chapter 9.05
CRIMINAL CODE
Sections:
9.05.010 Statutory provisions – Adopted by reference – Scope.
9.05.030 Domestic violence statutes – Adopted by reference.
9.05.040 Disobedience of anti-harassment order.
9.05.050 Violation of anti-harassment order – Penalty.
9.05.060 Power of arrest – State statutes relating to – Adopted by reference.
9.05.070 Classification of offenses.
9.05.080 Statutory provisions – Amendments of changes included.
9.05.090 Filing of provisions for public examination.
9.05.010 Statutory provisions – Adopted by reference – Scope.
The following statutes are adopted by reference as and for a portion of the criminal ordinance of this city as if set forth in full in this chapter, with the exception of the penalty provisions thereof which are superseded by the penalty provisions of this chapter as set forth in TMC 9.05.070. Any reference to felonies or classification of felonies shall refer to the statutes of the state of Washington for definition and prosecution.
Abandoned Refrigerator Equipment
RCW
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.
Animals
RCW
9.08.065 Definitions.
9.08.070 Pet animals – Taking, concealing, injuring, killing, etc.
Barratry
RCW
9.12.010 Barratry.
9.12.020 Buying, demanding or promising reward by district judge or deputy.
Bidding Offenses
RCW
9.18.080 Offender a competent witness.
9.18.120 Suppression of competitive bidding.
9.18.130 Collusion to prevent competitive bidding.
9.18.150 Agreements outside state.
Interference with Court
RCW
9.27.015 Interference, obstruction of any court, building, or residence – Violations.
False Representations
RCW
9.38.010 False representation concerning credit.
9.38.020 False representation concerning title.
Fire, Crimes Relating To
RCW
9.40.040 Operating engine or boiler without spark arrester.
9.40.100 Tampering with fire alarm or fire fighting equipment – False alarm – Penalties.
Firearms and Dangerous Weapons
RCW
9.41.010 Terms defined.
9.41.050 Carrying firearms.
9.41.060 Exceptions to restrictions on carrying firearms.
9.41.098 Forfeiture of firearms – Disposition – Confiscation.
9.41.230 Aiming or discharging firearms, dangerous weapons.
9.41.240 Possession of pistol by person from eighteen to twenty-one.
9.41.250 Dangerous weapons – Penalty.
9.41.260 Dangerous exhibitions.
9.41.270 Weapons apparently capable of producing bodily harm – Unlawful carrying or handling – Penalty – Exceptions.
9.41.280 Possessing dangerous weapons on school facilities – Penalty – Exceptions.
9.41.300 Weapons prohibited in certain places.
9.41.800 Surrender of weapons or licenses – Prohibition on future possession or licensing.
9.41.810 Penalty.
Inhaling Toxic Fumes
RCW
9.47A.010 Definition.
9.47A.030 Possession of certain substances prohibited, when.
9.47A.040 Sale of certain substances prohibited.
9.47A.050 Penalty.
Juries, Crimes Relating To
RCW
9.51.010 Misconduct of officer drawing jury.
9.51.020 Soliciting jury duty.
9.51.030 Misconduct of officer in charge of jury.
Malicious Prosecution – Abuse of Process
RCW
9.62.010 Malicious prosecution.
9.62.020 Instituting suit in name of another.
Sexual Exploitation of Children
RCW
9.68A.001 Legislative finding.
9.68A.011 Definitions.
9.68A.080 Reporting of depictions of minor engaged in sexually explicit conduct – Civil immunity.
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 Definitions.
9.68A.150 Allowing minor on premises of live erotic performance.
9.68A.160 Penalty.
Duty of Witnesses
RCW
9.69.100 Duty of witness of offense against child or any violent offense – Penalty.
Preliminary Article
RCW
9A.04.020 Purposes – Principles of construction.
9A.04.030 State criminal jurisdiction.
9A.04.050 People capable of committing crimes – Capability of child.
9A.04.060 Common law to supplement statutes.
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 reasonable doubt.
9A.04.110 Definitions.
Principles of Liability
RCW
9A.08.010 General requirements of culpability.
9A.08.020 Liability for conduct of another – Complicity.
9A.08.030 Corporate and personal liability.
9A.12.010 Insanity.
Defenses
RCW
9A.16.010 Defenses – 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 store premises for investigation – “Reasonable grounds” as defense.
9A.16.090 Intoxication.
9A.16.100 Use of force on children.
Anticipatory Offenses
RCW
9A.28.020 Criminal attempt.
9A.28.030 Criminal solicitation.
9A.28.040 Criminal conspiracy.
Assault
RCW
9A.36.041 Assault in the fourth degree.
9A.36.050 Reckless endangerment.
9A.36.070 Coercion.
9A.36.150 Interference with the reporting of domestic violence.
Custodial Interference
RCW
9A.40.010 Definitions.
9A.40.070 Custodial interference in the second degree.
9A.40.080 Custodial interference – Assessment of costs – Defense – Consent defense, restricted.
Criminal Mistreatment
RCW
9A.42.005 Findings and intent.
9A.42.010 Definitions.
9A.42.080 Abandonment of dependent person in third degree.
9A.42.090 Abandonment of a dependent person – Defense.
9A.42.110 Leaving a child in the care of a sex offender.
Sex Offenses
RCW
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.
9A.44.150 Testimony of child by closed circuit television.
Harassment
RCW
9A.46.010 Legislative finding.
9A.46.020 Definitions – Penalties.
9A.46.030 Place where committed.
9A.46.040 Court-ordered requirements upon defendant – 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.
9A.46.900 Short title.
Reckless Burning and Malicious Mischief
RCW
9A.48.010 Definitions.
9A.48.050 Reckless burning in the second degree.
9A.48.060 Reckless burning – Defense.
9A.48.090 Malicious mischief in third degree.
9A.48.100 Malicious mischief – “Physical damage” defined.
Interference with Health Care Facilities or Providers
RCW
9A.50.005 Finding.
9A.50.010 Definitions.
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.
Burglary and Trespass
RCW
9A.52.010 Definitions.
9A.52.040 Inference of intent.
9A.52.050 Other crime in committing burglary punishable.
9A.52.060 Making or having burglary 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 prowl in the second degree.
9A.52.120 Computer trespass in the second degree.
9A.52.130 Computer trespass – Commission of other crime.
Theft and Robbery
RCW
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.
9A.56.096 Theft of rental, leased, lease-purchased, or loaned property.
9A.56.100 Theft and larceny equated.
9A.56.140 Possessing stolen property – Definition – Presumption.
9A.56.170 Possessing stolen property in the third degree.
9A.56.180 Obscuring the identity of a machine.
9A.56.220 Theft of subscription television services.
9A.56.230 Unlawful sale of subscription 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.
Fraud
RCW
9A.60.010 Fraud – Definitions.
9A.60.045 Criminal impersonation in the second degree.
9A.60.050 False certification.
Defrauding a Public Utility
RCW
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.
Perjury and Interference with Official Proceedings
RCW
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 Unsworn statements, certification.
9A.72.140 Jury tampering.
9A.72.150 Tampering with physical evidence.
Obstructing Governmental Operations
RCW
9A.76.010 Definitions.
9A.76.020 Obstructing a law enforcement officer.
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.76.080 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 second degree.
9A.76.170 Bail jumping.
9A.76.175 Making a false or misleading statement to a public servant.
Abuse of Office
RCW
9A.80.010 Official misconduct.
Public Disturbance
RCW
9A.84.010 Riot.
9A.84.020 Failure to disperse.
9A.84.030 Disorderly conduct.
9A.84.040 False reporting.
Indecent Exposure – Prostitution
RCW
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.
Failure to Deliver Leased Personal Property
RCW
9.45.062 Requisites for prosecution.
Telephone Harassment
RCW
9.61.230 Telephone harassment.
9.61.240 Permitting telephone to be used.
9.61.250 Offense – Where deemed committed.
Miscellaneous Crimes
RCW
9.91.010 Denial of civil rights – Terms defined.
9.91.020 Operating railroad, steamboat, vehicle, etc., while intoxicated.
9.91.025 Unlawful bus conduct.
9.91.060 Leaving children unattended in parked automobile.
9.91.130 Disposal of trash in charity donation receptacle.
9.91.140 Food stamps.
9.91.150 Tree spiking.
19.48.110 Obtaining hotel, restaurant, lodging house, ski area, etc., accommodations by fraud – Penalty.
Crimes Related to Possession of Marijuana and Possession of Drug Paraphernalia
RCW
69.50.412 Prohibited Acts: E – Penalties.
69.50.4014 Possession of forty grams or less of marijuana – Penalty.
(Ord. 2013-8, 2013; Ord. 2012-1 § 1, 2012; Ord. 2011-4, 2011; Ord. 2006-4 § 1, 2006).
9.05.030 Domestic violence statutes – Adopted by reference.
The following statutes are portions of acts relating to domestic violence and are adopted by reference as and for an ordinance of the city as if set forth in full in this title:
RCW
10.99.010 Purpose – Intent.
10.99.020 Definitions.
10.99.030 Law enforcement officers – Training, powers, duties – Domestic violence reports.
10.99.040 Duties of court – No-contact order.
10.99.045 Appearances by defendant – No-contact order.
10.99.050 Victim contact – Restriction, prohibition – Violation, penalties – Written order – Procedures.
10.99.055 Enforcement of orders.
10.99.060 Prosecutor’s notice to victim – Description of available procedures.
10.99.070 Liability of peace officers.
10.99.080 Penalty assessment.
26.09.300 Restraining orders – Notice – Refusal to comply – Arrest – Penalty – Defense – Peace officers, immunity.
26.10.220 Restraining orders – Notice – Refusal to comply – Arrest – Penalty – Defense – Peace officers, immunity.
26.44.010 Declaration of purpose.
26.44.015 Limitations of chapter.
26.44.020 Definitions.
26.44.030 Reports – Duty and authority to make – Duty of receiving agency – Duty to notify – Case planning and consultation – Penalty for unauthorized exchange of information – Filing dependency petitions – Interviews of children – Records – Risk assessment process.
26.44.032 Legal defense of public employee.
26.44.040 Reports – Oral, written – Contents.
26.44.060 Immunity from civil or criminal liability – Confidential communications not violated – Actions against state not affected – False report, penalty.
26.44.063 Temporary restraining order or preliminary injunction – Enforcement – Notice of modification or termination of restraining order.
26.44.067 Temporary restraining order or preliminary injunction – Contents – Notice – Noncompliance – Defense – Penalty.
26.44.080 Violation – Penalty.
26.44.130 Arrest without warrant.
26.44.150 Temporary restraining order restricting visitation for persons accused of sexually or physically abusing a child – Penalty for violating court order.
26.50.010 Definitions.
26.50.110 Violation of order – Penalties.
26.50.115 Enforcement of ex parte order – Knowledge of order prerequisite to penalties – Reasonable efforts to serve copy of order.
26.50.120 Violation of order – City attorney may be requested to assist – Costs and attorney’s fee.
26.50.140 Peace officers – Immunity.
(Ord. 2006-4 § 1, 2006).
9.05.040 Disobedience of anti-harassment order.
Any person who willfully disobeys any temporary anti-harassment protection order or civil anti-harassment protection order issued pursuant to Chapter 10.14 RCW shall be guilty of a gross misdemeanor. (Ord. 2006-4 § 1, 2006).
9.05.050 Violation of anti-harassment order – Penalty.
Any violation of TMC 9.05.040 shall be as prescribed in TMC 9.05.070. (Ord. 2006-4 § 1, 2006).
9.05.060 Power of arrest – State statutes relating to – Adopted by reference.
Chapter 10.31 RCW, an act relating to powers of arrest, is adopted by reference as and for an ordinance of the city as if set forth in full in this title. (Ord. 2006-4 § 1, 2006).
9.05.070 Classification of offenses.
Unless otherwise specifically provided for, any person who is convicted of violating or failure to comply with any of the criminal provisions of this title shall be subject to the following penalties:
A. Gross Misdemeanor. The penalty provided by state law as now existing or hereafter amended for the same violation or type (degree) of violation, but not to exceed a $5,000 fine or one year in jail or both. If no state law provides for such penalty, then the penalty shall not exceed a $5,000 fine or one year in jail or both.
B. Misdemeanor. The penalty provided by state law as now existing or hereafter amended for the same violation or type (degree) of violation, but not to exceed a $1,000 fine or 90 days in jail or both. If no state law provides for such penalty, then the penalty shall not exceed a $1,000 fine or 90 days in jail or both.
C. Any criminal violation not specifically designated as a gross misdemeanor shall be a misdemeanor.
D. If the court finds that a person convicted of a violation of RCW 9A.36.021, Simple Assault; 9A.36.050, Reckless Endangerment; 9A.36.070, Coercion; 9.61.230, Intimidating Phone Calls; 9A.46.120, Harassment; 9.08.020, Disorderly Conduct; 9A.84.010, Riot; 9.08.040, Disrupting School Activities; 9A.48.090, Malicious Mischief; 9A.52.080, Criminal Trespass; or TMC 9.13.050, Fighting in a public place, intentionally committed the acts necessary for conviction because of such person’s perception of the race, color, religion, ancestry, national origin, group association, gender, sexual orientation, or mental, physical or sensory handicap of the victim or victims, or that the violation was part of a gang initiation or gang activity, the court shall impose a minimum fine of not less than $500.00 and a minimum jail sentence of not less than 60 days for each such offense. Neither the mandatory minimum jail sentence nor the mandatory minimum fine shall be suspended or deferred, nor shall the jail sentence be served by alternate means. For purposes of this section, the terms “gang,” “gang activity,” “gang initiation,” and “gang member” are defined as follows:
1. “Gang” means two or more people who form an allegiance for a common purpose and engage in unlawful activity;
2. “Gang activity” means the committing of unlawful activities by gang members or unlawful activities that involve gang behavior such as symbols, slogans, graffiti and other known indications of gang involvement;
3. “Gang initiation” means the engaging in unlawful activity for the purpose of being accepted as a member of a gang;
4. “Gang member” means a person who, by reason of admission or other competent evidence, is shown to be a member of a gang. Such evidence may include evidence of tattoos, club rosters, attendance lists, distinct and recognizable clothing or other competent evidence. (Ord. 2011-5 § 2, 2011; Ord. 2006-4 § 1, 2006).
9.05.080 Statutory provisions – Amendments of changes included.
The amendment, addition or repeal by the Washington Legislature of any section of any of the adopted statutes shall be deemed to amend this chapter and the statutes contained in this chapter which are adopted by reference in conformity with the amendment, addition or repeal, and it shall not be necessary for the legislative authority of this city to take any action with respect to such addition, amendment or repeal as provided by RCW 35A.12.140 and 35A.13.180. (Ord. 2006-4 § 1, 2006).
9.05.090 Filing of provisions for public examination.
Incident to the adoption of the ordinance codified in this chapter, copies of the text of the adopted statutes shall be filed in the office of the city clerk, as required by RCW 35A.13.180, for use and examination by the public. In addition, the office of the city clerk is authorized to codify and number the sections and subsections of the ordinance codified in this chapter to provide for uniformity and consistency with existing codifications and ordinances. (Ord. 2006-4 § 1, 2006).