HomeMy WebLinkAboutOrd 0989 - Criminal OffensesORDINANCE NO 989
AMENDED BY 1095
AMENDED BY 114 1131 1269
AN ORDINANCE OF THE CITY OF TUKWILA ADOPTING BY REFERENCE CERTAIN SECTIONS
OF TITLE 9A RCW WHICH RECLASSIFIES AND REDEFINES CRIMINAL OFFENSES IN THE STATE
OF WASHINGTON AND REPEALING SECTIONS 8.04.040 8.04.060 AND 8.04.070 OF THE TUKWILA
MUNICIPAL CODE.
WHEREAS, RCW 35.24.290 authorizes third class cities to make
ordinances as may be deemed expedient to maintain peace and safety within
the limits of such city; and
WHEREAS, RCW 35.21.180 authorizes cities within the State
of Washington to adopt by reference Washington State statues and codes;
and
w e._
CITY OF TUKWILA
WHEREAS, the Washington State legislature passed into law
Title 9A RCW which reclassified and redefined criminal offenses in
Washington State; and
WHEREAS, it appears necessary to preserve the peace, safety and
welfare of the citizens of the City of Tukwila to adopt certain provisions
of the revised Washington State Criminal Code.
NOW, THEREFORE, the City Council of the City of Tukwila do
ordain as follows:
1. The following statutes of the State of Washington together
with the statutory definitions of the words and phrases referenced thereto
are hereby adopted by reference:
RCW 9A.36.050 Reckless endangerment;
RCW 9A.36.070 Coercion;
RCW 9A.40.050 Custodial interference;
RCW 9A.48.050 Reckless burning in the second
degree;
RCW 9A.48.080 Malicious mischief;
RCW 9A.52.100 Vehicle prowling;
RCW 9A.52.060 Making or possessing burglar tools;
RCW 9A.56.170 Possession of stolen property;
RCW 9A.56.180 Obsuring identity of a machine;
RCW 9A.60.040 Criminal impersonation;
RCW 9A.76.020 Obstructing a public servant
RCW 9A.76.050 Rendering criminal assistance;
RCW 9A.76.080
RCW 9A.76.130 Escape;
RCW 9A.84.010 Riot;
RCW 9A.84.020 Failure to disburse;
—RCW 9A.84.030 Disorderly person;
RCW 9A.84.040 False reporting;
RCW 9A.88.020 Communication with a minor for
immoral purposes;
RCW 9A.88.030 Prostitution
2. The following Sections of the Tukwila Municipal Code are
hereby repealed: 8.04.040, 8.04.060, 8.04.070.
3. Any provision for the monetary measurement of loss or damage
which is an element of an offense in any statute adopted by reference
herein is hereby amended to provide that any such element is satisfied
where the monetary loss or damage is $250.00 or Tess.
4. Any person violating any of the provisions of this chapter
whether defined as a felony, a gross misdemeanor, or a misdemeanor shall be
guilty of a misdemeanor and upon conviction thereof shall be punished by a
fine not to exceed $500.00 or by imprisonment in the county jail for not
more than ninety (90) days, or by both such fine and imprisonment for each
offense.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a regular meeting thereof this 7 t day of 5
Approved as to Form:
ty Attorney, I
Attest:
i /7,0
Mayor rro em
530 .E niDFAr /9X
bate Apprbved
i ty Clerk Pro Tem
Published: The Record Chronicle, September 12, 1976
i" 1976.
9A.36.050 ',weekless endangerment. (1) A person guilty
of reckless endangerment when he recklessly engages in conduct
which creates a substantial risk of death or serious physical in-
jury to another person.
(2) Reckless endangerment is a gross misdemeanor.
9A.36.070 Coercion. (1) A person is guilty of coercion if
by use of a threat he compels or induces a person to engage in
conduct which the latter has a legal right to abstain from, or to
abstain from conduct which he has a legal right to engage in.
(2) "Threat" as used in this section means:
(a) To communicate, directly or indirectly, the intent immedi-
ately to use force against any person who is present at the time;
or
(b) Threats as defined in section 9A.04.110(25) (a), (b), or
(c).
(3) Coercion is a gross misdemeanor.
9A.40.050 Custodial interference. (1) A person is guilty
of custodial interference if, knowing that he has no legal right
to do so, he takes or entices from lawful custody any incompetent
person or other person entrusted by authority of law to the cus-
tody of another person or institution.
(2) Custodial interference is a gross misdemeanor.
9A.48.050 Reckless burning in the second degree. (1)
A person is guilty of reckless burning in the second degree if he
knowingly causes a fire or explosion, whether on his own prop-
erty or that of another, and thereby recklessly places a building
or other structure, or any vehicle, railway car, aircraft, or water-
craft, or any hay, grain, crop or timber, whether cut or standing,
in danger of destruction or damage.
(2) Reckless burning in the second degree is a gross misde-
meanor.
9A.48.080 Malicious mischief in the second degree. (1)
A person is guilty of malicious mischief in the second degree if
he knowingly and maliciously:
(a). Causes physical damage to the property of another in an
amount exceeding two hundred and fifty dollars; or
(b) Creates a substantial risk of interruption or impairment
of service rendered to the public, by physically damaging or tam-
pering with an emergency vehicle or property of the state, a po-
litical subdivision thereof, or a public utility or mode of public
transportation, power, or communication.
(2) Malicious mischief in the second degree is a Class C fel-
ony.
9A.52.060 Making or having burglar tools. (1) Every
person who shall make or mend or cause to be made or mended,
or have in his possession, any engine, machine, tool, false key,
pick lock, bit, nippers, or implement adapted, designed, or com-
monly used for the commission of burglary under circumstances
evincing an intent to use or employ, or allow the same to be
used or employed in the commission of a burglary, or knowing
that the same is intended to be so used, shall be guilty of making
or having burglar tools.
(2) Making or having burglar tools is a gross misdemeanor.
9A.52.100 Vehicle prowling. (1) A person is guilty of
vehicle prowling if, with intent to commit a crime against a per-
son or property therein, he enters or remains unlawfully in a ve-
hicle.
(2) Vehicle prowling is a gross misdemeanor.
9A.56.170 Possessing stolen property in the third degree.
(1) A person is guilty of possessing stolen property in the third
degree if he possesses stolen property which does not exceed two
hundred fifty dollars in value.
(2) Possessing stolen property in the third degree is a gross
misdemeanor.
9A.56.180
bscuring identity of a machine. (1) Irrson
is guilty of obsc ng identity of a machine if he knowii
(a) Obscures the manufacturer's serial number or any other
distinguishing identification number or mark upon any vehicle,
machine, engine, apparatus, appliance, or other device with intent
to render it unidentifiable; or
(b) Possesses a vehicle, machine, engine, apparatus, appliance,
or other device held for sale knowing that the serial number or
other identification number or mark has been obscured.
(2) "Obscure" means to remove, deface, cover, alter, destroy,
or otherwise render unidentifiable.
(3) Obsuring identity of a machine is a gross misdemeanor.
9A.6O.O4O Criminal impersonation. (1) A person is guilty
of criminal impersonation if he:
(a) Assumes a false identity and does an act in his assumed
character with intent to defraud another or for any other unlaw-
ful purpose; or
(b) Pretends to be a representative of some person or organi-
zation or a public servant and does an act in his pretended ca-
pacity with intent to defraud another or for any other unlawful
purpose.
(2) Criminal impersonation is a gross misdemeanor.
9A.76.O10 Definitions. The following definitions are ap-
plicable in this chapter unless the context otherwise requires:
(1) "Custody" means restraint pursuant to a lawful arrest
or an order of a court;
(2) "Detention facility" means any place used for the con-
finement, of a person (a) arrested for, charged with or convicted
of an offense, or (b) charged with being or adjudicated to be a
dependent or delinquent child as defined in RCW 13.04.010 as
now or hereafter amended, or (c) held for extradition or as a ma-
terial witness, or (d) otherwise confined pursuant to an order of
a court, or (e) in any work release, furlough, or other such fa-
cility or program;
(3) "Contraband" means any article or thing which a person
confined in a detention facility is prohibited from obtaining or
possessing by statute, rule, regulation, or order of a court.
9A.76.02O Obstructing a public servant. Every person
who, (1) without lawful excuse shall refuse or knowingly fail
to make or furnish any statement, report, or information law-
fully required of him by a public servant, or (2) in any such
9A.76.O5O Rendering criminal assistance: Definition of
term. As used in sections 9A.76.070, 9A.76.080, and 9A.76.090,
a person "renders criminal assistance" if, with intent to prevent,
hinder, or delay the apprehension or prosecution of another per-
son who he knows has committed a crime or is being sought by
law enforcement officials for the commission of a crime or has
escaped from a detention facility, he:
(1) Harbors or conceals such person; or
(2) Warns such person of impending discovery or apprehen-
sion; or
(3) Provides such person with money, transportation, dis-
guise, or other means of avoiding discovery or apprehension; or
(4) Prevents or obstructs, by use of force, deception, or threat,
anyone from performing an act that might aid in the discovery
or apprehension of such person; or
(5) Conceals, alters, or destroys any physical evidence that
might aid in the discovery or apprehension of such person; or
(6) Provides such person with a weapon.
9A.76.O80 Rendering criminal assistance in the second de-
gree. (1) A person is guilty of rendering criminal assistance in
the second degree if he renders criminal assistance to a person
who has committed or is being sought for a Class B or Class C
felony.
(2) Rendering criminal assistance in the second degree is:
(a) A misdemeanor if it is established by a preponderance of
the evidence that the actor is a relative as defined in section
9A.76.060;
(b) A gross misdemeanor in all other cases.
9A.76.13n Escape in the third degree. (1) person is
guilty of es. in the third degree if he escapes f custody.
(2) Escape in the third degree is a gross misdemeanor.
9A.84.010 Riot. (1) A person is guilty of the crime of
riot if, acting with three or more other persons, he knowingly and
unlawfully uses or threatens to use force, or in any way par-
ticipates in the use of such force, against any other person or
against property.
(2) The crime of riot is:
(a) A Class C felony, if the actor is armed with a deadly weap-
on;
(b) A gross misdemeanor in all other cases.
9A.84.020 Failure to disperse. (1) A person is guilty of
failure to disperse if:
(a) He congregates with a group of three or more other
persons and there are acts of conduct within that group which
create a substantial risk of causing injury to any person, or sub-
stantial harm to property; and
(b) He refuses or fails to disperse when ordered to do so by
a peace officer or other public servant engaged in enforcing or
executing the law.
(2) Failure to disperse is a misdemeanor.
9A.84.030 Disorderly conduct. (1) A person is guilty of
disorderly conduct if he:
(a) Uses abusive language and thereby intentionally creates
a risk of assault; or
(b) Intentionally disrupts any lawful assembly or meeting of
persons without lawful authority; or
(c) Intentionally obstructs vehicular or pedestrian traffic with-
out lawful authority.
(2) Disorderly conduct is a misdemeanor.
9A.84.040 False reporting. (1) A person is guilty of false
reporting if with knowledge that the information reported, con-
veyed or circulated is false, he initiates or circulates a false re-
port or warning of an alleged occurrence or impending occur-
rence of a fire, explosion, crime, catastrophe, or emergency know-
ing that such false report is likely to cause evacuation of a build-
ing, place of assembly, or transportation facility, or to cause pub-
lic inconvenience or alarm.
(2) False reporting is a gross misdemeanor.
9A.88.010 Public indecency. (1) A person is guilty of
public indecency if he makes any open and obscene exposure of
his person or the person of another knowing that such conduct
is likely to cause reasonable affront or alarm.
(2) Public indecency is a misdemeanor unless such person ex-
poses himself to a person under the age of fourteen years in
which case indecency is a gross misdemeanor.
9A.88.020 Communication with a minor for immoral pur-
poses. Any person who communicates with a child under the
age of seventeen years of age for immoral purposes shall be guilty
of a gross misdemeanor, unless such person has previously been
convicted of a felony sexual offense or has previously been con-
victed under this section or RCW 9.79.130, in which case such
person shall be guilty of a Class C felony.
Reviser's Note: "RCW 9.79.130" will be repealed by 1975 1st ex.s. c 260
9A.92.010, effective July 1, 1976; See RCW 9A.98.010(212).
9A.88.030 Prostitution. (1) A person is guilty of prostitu-
tion if such person engages or agrees or offers to engage in sexual
conduct with another person in return for a fee.
(2) Prostitution is a misdemeanor.
So in original bill. No 9A.88.040.