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ORDINANCE NO. a- r
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AN ORDINANCE of the City Council of the
3'J -5O,' City of Kent, Washington, adding a section to
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the Kent City Code relating to crimes of
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harassment.
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WHEREAS, the Kent City Code does not contain any
provisions that make it a crime to harass or stalk an individual;
and
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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,
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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
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Kent City Code, Section 9.02.43 entitled "Harassment", to read as'.
follows:
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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,
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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
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[Title 9A RCW—page 28] (1994 Ed-) , (19,