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HomeMy WebLinkAbout3243ill ORDINANCE NO. a- r I I i AN ORDINANCE of the City Council of the 3'J -5O,' City of Kent, Washington, adding a section to I the Kent City Code relating to crimes of i harassment. i I WHEREAS, the Kent City Code does not contain any provisions that make it a crime to harass or stalk an individual; and i WHEREAS, the State has provisions relating to the crime of harassment which the City Council desires to add to its code by adopting the same by reference; NOW, THEREFORE, i THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ESECTION 1. There is hereby added a new section to the i Kent City Code, Section 9.02.43 entitled "Harassment", to read as'. follows: i Sec. 9.02.42. Harassment. Chapter 9A.46 of the Revised Code of Washington is hereby adopted by reference in its entirety, with the exception a of felony offenses contained therein, as currently enacted and as amended from time to time. SECTION 2. A copy of RCW 9A.46 is attached hereto as Exhibit A. SECTION 3. Severability. If any section, sentence, �I clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such i invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. SECTION 4. Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage, approval and publication as provided by law. 2 ATTEST: BRENDA JACOBER, �5 CLERK APPROVED AS TO FORM: ROGE A. LUBOVICH, CITY ATT PASSED 117 APPROVED /o PUBLISHED C20 day o f 0C �r ._ 1995. day of _ 1995. day of �%'J�-� �'' 2 1995. I hereby certify that this is a true copy of Ordinance No. a q 3 , passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. SEAL ) BRENDA JACO �-,CITY CLERK 3 with to( Sex Offenses Wt of the defendant, the relationship of the defendant to h� child, and the court's observations of the child's inability reasonably communicate in front of the defendant or in ,Qen court. The court's findings shall identify the impact be factors have upon the child's ability to testify in front of jury or the defendant or both and the specific nature of be emotional or mental trauma the child would suffer. The OW shall determine whether the source of the trauma is the eesence of the defendant, the jury, or both, and shall limit ye use of the closed-circuit television accordingly. _+' (4) This section does not apply if the defendant is an ttorney pro se unless the defendant has a court-appointed liorney assisting the defendant in the defense. (5) This section may not preclude the presence of both le victim and the defendant in the courtroom together for urposes of establishing or challenging the identification of x defendant when identification is a legitimate issue in the e. (6) The Washington supreme court may adopt rules of `procedure regarding closed-circuit television procedures. (7) All recorded tapes of testimony produced by closed- .&cuit television equipment shall be subject to any protective order of the court for the purpose of protecting the privacy if the child. (8) Nothing in this section creates a right of the child witness to a closed-circuit television procedure in lieu of testifying in open court. (9) The state shall bear the costs of the closed-circuit tlevision procedure. [1990 c 150 § 2.] Legislative declaration -1990 c 150: "The legislature declares that protection of child witnesses in sexual assault and physical abuse cases is a substantial and compelling interest of the state. Sexual and physical abuse rues are some of the most difficult cases to prosecute, in part because hequently no witnesses exist except the child victim. When abuse is prosecuted, a child victim may suffer serious emotional and mental trauma from exposure to the abuser or from testifying in open court. In rare cases, &e child is so traumatized that the child is unable to testify at trial and is ttaavailable as a witness or the child's ability to communicate in front of the Jwy or defendant is so reduced that the truth -seeking function of trial is impaired. In other rare cases, the child is able to proceed to trial but suffers long-lasting trauma as a result of testifying in court or in front of the *fendant. The creation of procedural devices designed to enhance the .truth -seeking process and to shield child victims from the trauma of etposure to the abuser and the courtroom is a compelling state interest." 11990 c 150 § 1.] Severability -1990 c 150: "If any provision of this act or its +PAcation to any person or circumstance is held invalid, the remainder of dte act or the application of the provision to other persons or circumstances h not affected." [1990 c 150 § 3.] 9A.44.900 Decodifications and additions to this chapter. RCW 9.79.140, 9.79.150, 9.79.160, 9.79.170 as aoW or hereafter amended, 9.79.180 as now or hereafter stnended, 9.79.190 as now or hereafter amended, 9.79.200 as 110W or hereafter amended, 9.79.210 as now or hereafter (mended, 9.79.220 as now or hereafter amended, 9A.88.020, And 9A.88.100 are each decodifred and are each added to Title 9A RCW as a new chapter with the designation chapter 9A-44 RCW. [1979 ex.s. c 244 § 17.] 9A.44.901 Construction -Sections decodified and lidded to this chapter. The sections decodifred by RCW 9A•44•900 and added to Title 9A RCW as a new chapter (1994 Ed.) 9A.44.150 with the designation chapter 9A.44 RCW shall be construed as part of Title 9A RCW. [1979 ex.s. c 244 § 18.] 9A.44.902 Effective date -1979 ex.s. c 244. This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect on July 1, 1979. [1979 ex.s. c 244 § 19.] 9A.44.903 Section captions -1988 c 145. Section captions as used in this chapter do not constitute any part of the law. [1988 c 145 § 22.] Effective date—Savings—Application-1988 c 145: See notes following RCW 9A.44.010. Disclosure of information to person threatened or harassed by mentally ill person: RCW 71.05.390. Harassment: RCW 9A.36.080, chapter 10.14 RCW. 9A.46.010 Legislative finding. The legislature finds that the prevention of serious, personal harassment is an important government objective. Toward that end, this chapter is aimed at making unlawful the repeated invasions of a person's privacy by acts and threats which show a pattern of harassment designed to coerce, intimidate, or humiliate the victim. The legislature further finds that the protection of such persons from harassment can be accomplished without infringing on constitutionally protected speech or activity. [1985 c 288 § 1.] 9A.46.020 Definition—Penalties. (1) A person is guilty of harassment if: (a) Without lawful authority, the person knowingly threatens: (i) To cause bodily injury in the future to the person threatened or to any other person; or (ii) To cause physical damage to the property of a person other than the actor; or (iii) To subject the person threatened or any other person to physical confinement or restraint; or (iv) Maliciously to do any other act which is intended to substantially harm the person threatened or another with respect to his or her physical or mental health or safety; and [Title 9A RCW—page 25] Chapter 9A.46 HARASSMENT Sections 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. 9A.46.900 Short title. 9A.46.905 Effective date -1985 c 288. 9A.46.910 Severability -1985 c 288. Disclosure of information to person threatened or harassed by mentally ill person: RCW 71.05.390. Harassment: RCW 9A.36.080, chapter 10.14 RCW. 9A.46.010 Legislative finding. The legislature finds that the prevention of serious, personal harassment is an important government objective. Toward that end, this chapter is aimed at making unlawful the repeated invasions of a person's privacy by acts and threats which show a pattern of harassment designed to coerce, intimidate, or humiliate the victim. The legislature further finds that the protection of such persons from harassment can be accomplished without infringing on constitutionally protected speech or activity. [1985 c 288 § 1.] 9A.46.020 Definition—Penalties. (1) A person is guilty of harassment if: (a) Without lawful authority, the person knowingly threatens: (i) To cause bodily injury in the future to the person threatened or to any other person; or (ii) To cause physical damage to the property of a person other than the actor; or (iii) To subject the person threatened or any other person to physical confinement or restraint; or (iv) Maliciously to do any other act which is intended to substantially harm the person threatened or another with respect to his or her physical or mental health or safety; and [Title 9A RCW—page 25] 9AA6.020 Title 9A RCW: Washington Criminal Code (b) The person by words or conduct places the person threatened in reasonable fear that the threat will be carried out. (2) A person who harasses another is guilty of a gross misdemeanor punishable under chapter 9A.20 RCW, except that the person is guilty of a class C felony if either of the following applies: (a) The person has previously been convicted in this or any other state of any crime of harass- ment, as defined in RCW 9A.46.060, of the same victim or members of the victim's family or household or any person specifically named in a no -contact or no -harassment order; or (b) the person harasses another person under subsection (1)(a)(i) of this section by threatening to kill the person threatened or any other person. (3) The penalties provided in this section for harassment do not preclude the victim from seeking any other remedy otherwise available under law. [1992 c 186 § 2; 1985 c 288 § 2.1 Severability -1992 ]Severability -1992 c 186: See note following RCW 9A.46.110. 9A.46.030 Place where committed. Any harassment offense committed as set forth in RCW 9A.46.020 or 9A.46.110 may be deemed to have been committed where the conduct occurred or at the place from which the threat or threats were made or at the place where the threats were received. [1992 c 186 § 3; 1985 c 288 § 3.] Severability -1992 c 186: See note following RCW 9A.46.110. 9A.46.040 Court-ordered requirements upon person charged with crime—Violation. (1) Because of the likelihood of repeated harassment directed at those who have been victims of harassment in the past, when any defendant charged with a crime involving harassment is released from custody before trial on bail or personal recognizance, the court authorizing the release may require that the defendant: (a) Stay away from the home, school, business, or place of employment of the victim or victims of the alleged offense or other location, as shall be specifically named by the court in the order; (b) Refrain from contacting, intimidating, threatening, or otherwise interfering with the victim or victims of the alleged offense and such other persons, including but not limited to members of the family or household of the victim, as shall be specifically named by the court in the order. (2) An intentional violation of a court order issued under this section is a misdemeanor. The written order releasing the defendant shall contain the court's directives and shall bear the legend: Violation of this order is a criminal offense under chapter 9A.46 RCW. A certified copy of the order shall be provided to the victim by the clerk of the court. [1985 c 288 § 4.1 9A.46.050 Arraignment—No-contact order. A defendant who is charged by citation, complaint, or informa- tion with an offense involving harassment and not arrested shall appear in court for arraignment in person as soon as practicable, but in no event later than fourteen days after the next day on which court is in session following the issuance of the citation or the filing of the complaint or information. At that appearance, the court shall determine the necessity of imposing a no -contact or no -harassment order, and consider [Title 9A RCW—page 261 the provisions of RCW 9.41.800, or other conditions of pretrial release according to the procedures established by court rule for preliminary appearance or an arraignment. [1994 1st sp.s. c 7 § 447; 1985 c 288 § 5•1 Finding—Intent—Severability-1994 1st sp.s. c 7: See notes following RCW 43.70.540. Effective date -1994 1st sp.s. c 7 §§ 401410, 413-416, 418-437, and 439460: See note following RCW 9.41.010. 9A.46.060 Crimes included in harassment. As used in this chapter, "harassment" may include but is not limited to any of the following crimes: (1) Harassment (RCW 9A.46.020); (2) Malicious harassment (RCW 9A.36.080); (3) Telephone harassment (RCW 9.61.230); (4) Assault in the first degree (RCW 9A.36.011); (5) Assault of a child in the first degree (RCW 9A.36.120); (6) Assault in the second degree (RCW 9A.36.021); (7) Assault of a child in the second degree (RCW 9A.36.130); (8) Assault in the fourth degree (RCW 9A.36.041); (9) Reckless endangerment in the second degree (RCW 9A.36.050); (10) Extortion in the first degree (RCW 9A.56.120); (11) Extortion in the second degree (RCW 9A.56.130); (12) Coercion (RCW 9A.36.070); (13) Burglary in the first degree (RCW 9A.52.020); (14) Burglary in the second degree (RCW 9A.52.030); (15) Criminal trespass in the first degree (RCW 9A.52.070); (16) Criminal trespass in the second degree (RCW 9A.52.080); (17) Malicious mischief in the first degree (RCW 9A.48.070); (18) Malicious mischief in the second degree (RCW 9A.48.080); (19) Malicious mischief in the third degree (RCW 9A.48.090); (20) Kidnapping in the first degree (RCW 9A.40.020); (21) Kidnapping in the second degree (RCW 9A.40.030); (22) Unlawful imprisonment (RCW 9A.40.040); (23) Rape in the first degree (RCW 9A.44.040); (24) Rape in the second degree (RCW 9A.44.050); (25) Rape in the third degree (RCW 9A.44.060); (26) Indecent liberties (RCW 9A.44.100); (27) Rape of a child in the first degree (RCW 9A.44.073); (28) Rape of a child in the second degree (RCW 9A.44.076); (29) Rape of a child in the third degree (RCW 9A.44.079); (30) Child molestation in the first degree (RCW 9A.44.083); (31) Child molestation in the second degree (RCW 9A.44.086); (32) Child molestation in the third degree (RCW 9A.44.089); (33) Stalking (RCW 9A.46.110); and (34) Residential burglary (1994 0) Harassment (35) Violation of a temporary or permanent protective order issued pursuant to chapter 9A.46, 10.14, 10.99, 26.09, or 26.50 RCW. [1994 c 271 § 802; 1994 c 121 § 2. Prior: t492 c 186 § 4; 1992 c 145 § 12; 1988 c 145 § 15; 1985 c 288 § 6•] Reviser's note: This section was amended by 1994 c 121 § 2 and by 1"4 c 271 § 802, each without reference to the other. Both amendments ire incorporated in the publication of this section pursuant to RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1). Purpose—Severability-1994 c 271: See notes following RCW 9A.28.020. Severability -1992 c 186: See note following RCW 9A.46.110. Effective date—Savings—Application-1988 c 145: See notes fopowing RCW 9A.44.010. 9A.46.070 Enforcement of orders restricting contact. Any law enforcement agency in this state may enforce this chapter as it relates to orders restricting the defendants' ability to have contact with the victim or others. [1985 c 288 § 7.] 9A.46.080 Order restricting contact—Violation. The victim shall be informed by local law enforcement agencies or the prosecuting attorney of the final disposition of the case in which the victim is involved. If a defendant is found guilty of a crime of harassment and a condition of the sentence restricts the defendant's ability to have contact with the victim or witnesses, the condition shall be recorded and a written certified copy of that order shall be provided to the victim or witnesses by the clerk of the court. Willful violation of a court order issued under this section is a misdemeanor. The written order shall contain the court's directives and shall bear the legend: Violation of this order is a criminal offense under chapter 9A.46 RCW and will subject a violator to arrest. [1985 c 288 § 8.] 9A.46.090 Nonliability of peace officer. A peace officer shall not be held liable in any civil action for an arrest based on probable cause, enforcement in good faith of a court order, or any other action or omission in good faith under this chapter arising from an alleged incident of harass- ment brought by any party to the incident. [1985 c 288 § 9.] 9A.46.100 "Convicted," time when. As used in RCW 9.61.230, 9A.46.020, or 9A.46.110, a person has been convicted" at such time as a plea of guilty has been ac- cepted or a verdict of guilty has been filed, notwithstanding the pendency of any future proceedings including but not limited to sentencing, posttrial motions, and appeals. [1992 c 186 § 5; 1985 c 288 § 10.] Severability -1992 c 186: See note following RCW 9A.46.110. 9A.46.110 Stalking. (1) A person commits the crime Of stalking if, without lawful authority and under circum- stances not amounting to a felony attempt of another crime: (a) He or she intentionally and repeatedly harasses or repeatedly follows another person; and (b) The person being harassed or followed is placed in fear that the stalker intends to injure the person, another person, or property of the person or of another person. The feeling of fear must be one that a reasonable person in the (1994 Fd.) 9A.46.060 same situation would experience under all the circumstances; and (c) The stalker either: (i) Intends to frighten, intimidate, or harass the person; or (ii) Knows or reasonably should know that the person is afraid, intimidated, or harassed even if the stalker did not intend to place the person in fear or intimidate or harass the person. (2)(a) It is not a defense to the crime of stalking under subsection (1)(c)(i) of this section that the stalker was not given actual notice that the person did not want the stalker to contact or follow the person; and (b) It is not a defense to the crime of stalking under subsection (1)(c)(ii) of this section that the stalker did not intend to frighten, intimidate, or harass the person. (3) It shall be a defense to the crime of stalking that the defendant is a licensed private detective acting within the capacity of his or her license as provided by chapter 18.165 RCW. (4) Attempts to contact or follow the person after being given actual notice that the person does not want to be contacted or followed constitutes prima facie evidence that the stalker intends to intimidate or harass the person. (5) A person who stalks another person is guilty of a gross misdemeanor except that the person is guilty of a class C felony if any of the following applies: (a) The stalker has previously been convicted in this state or any other state of any crime of harassment, as defined in RCW 9A.46.060, of the same victim or members of the victim's family or household or any person specifically named in a protective order; (b) the stalking violates any protective order pro- tecting the person being stalked; (c) the stalker has previous- ly been convicted of a gross misdemeanor or felony stalking offense under this section for stalking another person; (d) the stalker was armed with a deadly weapon, as defined in RCW 9.94A.125, while stalking the person; (e) the stalker's victim is or was a law enforcement officer, judge, juror, attorney, victim advocate, legislator, or community correction's officer, and the stalker stalked the victim to retaliate against the victim for an act the victim performed during the course of official duties or to influence the victim's performance of official duties; or (f) the stalker's victim is a current, former, or prospective witness in an adjudicative proceeding, and the stalker stalked the victim to retaliate against the victim as a result of the victim's testimony or potential testimony. (6) As used in this section: (a) "Follows" means deliberately maintaining visual or physical proximity to a specific person over a period of time. A finding that the alleged stalker repeatedly and deliberately appears at the person's home, school, place of employment, business, or any other location to maintain visual or physical proximity to the person is sufficient to find that the alleged stalker follows the person. It is not necessary to establish that the alleged stalker follows the person while in transit from one location to another. (b) "Harasses" means unlawful harassment as defined in RCW 10.14.020. (c) "Protective order" means any temporary or perma- nent court order prohibiting or limiting violence against, harassment of, contact or communication with, or physical proximity to another person. [Title 9A RCW—page 271 9A.46.110' Title 9A RCW: Washington Criminal Code (d) "Repeatedly" means on two or more separate occasions. [1994 c 271 § 801; 1992 c 186 § 1.] Purpose--Severability-1994 c 271: See notes following RCW 9A.28.020. Severability -1992 c 186: "if any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1992 c 186 § 10.] 9A.46.900 Short title. This act shall be known as the anti -harassment act of 1985. [1985 c 288 § 12.] 9A.46.905 Effective date -1985 c 288. This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect May 1, 1985. [1985 c 288 § 15.] 9A.46.910 Severability -1985 c 288. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [1985 c 288 § 14.] Chapter 9A.48 ARSON, RECKLESS BURNING, AND MALICIOUS MISCHIEF Sections 9A.48.010 Definitions. 9A.48.020 Arson in the first degree. 9A.48.030 Arson in the second degree. 9A.48.040 Reckless burning in the first degree. 9A.48.050 Reckless burning in the second degree. 9A.48.060 Reckless burning—Defense. 9A.48.070 Malicious mischief in the first degree. 9A.48.080 Malicious mischief in the second degree. 9A.48.090 Malicious mischief in the third degree. 9A.48.100 Malicious mischief—"Physical damage" defined. Explosives: Chapter 70.74 RCW. 9A.48.010 Definitions. (1) For the purpose of this chapter, as now or hereinafter amended, unless the context indicates otherwise: (a) 'Building" has the definition in RCW 9A.04.110(5), and where a building consists of two or more units separate- ly secured or occupied, each unit shall not be treated as a separate building; (b) "Damages", in addition to its ordinary meaning, includes any charring, scorching, burning, or breaking, or agricultural or industrial sabotage, and shall include any diminution in the value of any property as a consequence of an act. (2) To constitute arson it shall not be necessary that a person other than the actor should have had ownership in the building or structure damaged or set on fire. [1975-'76 2nd ex.s. c 38 § 6; 1975 1st ex.s. c 260 § 9A.48.010.] Effective date--Severability-1975-176 2nd ex.s. c 38: See notes following RCW 9A.08.020. 9A.48.020 Arson in the first degree. (1) A person is guilty of arson in the first degree if he knowingly and maliciously: (a) Causes a fire or explosion which is manifestly dangerous to any human life, including firemen; or (b) Causes a fire or explosion which damages a dwell- ing; or (c) Causes a fire or explosion in any building in which there shall be at the time a human being who is not a participant in the crime; or (d) Causes a fire or explosion on property valued at ten thousand dollars or more with intent to collect insurance proceeds. (2) Arson in the first degree is a class A felony. [1981 c 203 § 2; 1975 1st ex.s. c 260 § 9A.48.020.] 9A.48.030 Arson in the second degree. (1) A person is guilty of arson in the second degree if he knowingly and maliciously causes a fire or explosion which damages a building, or any structure or erection appurtenant to or joining any building, or any wharf, dock, machine, engine, automobile, or other motor vehicle, watercraft, aircraft, bridge, or trestle, or hay, grain, crop, or timber, whether cut or standing or any range land, or pasture land, or any fence, or any lumber, shingle, or other timber products, or any property. (2) Arson in the second degree is a class B felony. [1975 1st ex.s. c 260 § 9A.48.030.] 9A.48.040 Reckless burning in the first degree. (1) A person is guilty of reckless burning in the first degree if he recklessly damages a building or other structure or any vehicle, railway car, aircraft or watercraft or any hay, grain, crop, or timber whether cut or standing, by knowingly causing a fire or explosion. (2) Reckless burning in the first degree is a class C felony. [1975 1st ex.s. c 260 § 9A.48.040.] 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 property or that of another, and thereby reckless- ly places a building or other structure, or any vehicle, railway car, aircraft, or watercraft, 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 misdemeanor. [1975 1st ex.s. c 260 § 9A.48.050.] 9A.48.060 Reckless burning—Defense. In any prosecution for the crime of reckless burning in the first or second degrees, it shall be a defense if the defendant establishes by a preponderance of the evidence that: (a) No person other than the defendant had a possessory, or pecuniary interest in the damaged or endangered property, or if other persons had such an interest, all of them consent- ed to the defendant's conduct; and (b) The defendant's sole intent was to destroy or damage the property for a lawful purpose. [1975 1st ex.s. c 260 § 9A.48.060.1 r d di ,'. . 91 to ob er ru s t10 c " do A � l rul [Title 9A RCW—page 28] (1994 Ed-) , (19,