HomeMy WebLinkAbout3350Ordinance No. 3350
["Beginning July 1, 1998"]
(Amending or Repealing Ordinances)
Amended by Ord. 3407; 3408; 3455; 3568
Repealing Sec. 9.02.19 and adding new Sec. 9.02.19 by Ord. 3603
Repealed by Ord. 3621 (Ch. 9.02)
3 j adopting certain provisions of the Revised Code of Washington as set forth in Exhibit A
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OneQ•3366
Criminal Code
ORDINANCE NO. 3 3 50
AN ORDINANCE of the City Council of the City
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of Kent, Washington, amending Chapter 9.02 of the Kent
"Penal
City Code entitled Code" to update the same and
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provide for a more comprehensive code by repealing and
amending certain sections contained therein and by adopting
by reference certain provisions of the Revised Code of
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Washington; repealing certain sections of the Animal
Control Code, Chapter 8.03, duplicates
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which provisions of
the penal code; repealing certain sections of the Narcotics
Barbiturates Code,9.12, duplicates
and whichs
ehet
rov on of the Pealode•Pealingthe Sale andDs lay
provision
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of Drug Paraphernalia Code, Chapter 9.25, which duplicates
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provisions of the penal code; amending the Traffic Code
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Chapter 9.36 by adding a new section; and declaring a
for the
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public emergency necessary protection of public
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health, safety, property, and peace.
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WHEREAS, recently enacted RCW 39.34.180 requires cities such as the
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City of Kent to prosecute all misdemeanor and gross misdemeanor offenses committed by
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adults in their jurisdictions whether filed under state law or city ordinance; and
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WHEREAS, by virtue of this law, the City is unable to file State
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misdemeanor and gross misdemeanor charges in the King County District Court system
without entering into an interlocal agreement with the County for such services; and
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WHEREAS, this has resulted in the City's inability to file charges for certain
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offenses occurring within the City which constitute a violation under State law but not
under the City's criminal code; and
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WHEREAS, the City Council desires to amend the City's criminal code by
3 j adopting certain provisions of the Revised Code of Washington as set forth in Exhibit A
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OneQ•3366
Criminal Code
to this ordinance, and to repeal and amend certain sections of the criminal code in order to
provide for a more comprehensive code that will enable the City to file and prosecute
violations for offenses not now covered by the City's code; and
WHEREAS, RCW 35A.11.090 and RCW 35A.12.130 allow for the
adoption of emergency ordinances; and
WHEREAS, due to the potential inability to file charges for State offenses
occurring within the City of Kent, enactment of an emergency ordinance is appropriate and
necessary to allow for effective prosecution for offenses occurring within the City; and for
the health, safety, and welfare of the public; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION]. Chapter 9.02 of the Kent City Code entitled "Penal Code" is
hereby amended by repealing and amending certain sections and by adopting by reference
certain provisions of the Revised Code of Washington as follows:
Chapter 9.02 Penal Criminal Code
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Sec. 9.02.04. Criminal accountability - attempt. The following; sections of
Chapters 9A.08 and 9A.28 of the Revised Code of Washington (RCW), with the exception
of those provisions contained therein for which a violation constitutes a felony crime, are
hereby adopted by reference as currently enacted and as hereinafter amended from time to
time, and shall be given the same force and effect as if set forth herein in full.
A. RCW 9A.08.020 Liability for conduct of another - complicity
2 Criminal Code
B.
RCW 9A.28.020
C.
RCW 9A.28.030
C.
D.
RCW 9A.28.040
Criminal attempt.
Criminal solicitation.
Criminal conspiracy.
eottstittAing the affettse or aids or abets and every persett who direetly or indireet4y
if-, with intent to eotttmit a speeifie erime, he does effly aet whieh is ft substanfial step to
the eommission of that
Sec. 9.02.12. Interfering with law enforcement. The following sections of
Chapters 9A.76, 9A.80, and 9A.84 of the Revised Code of Washington RCW), with the
exception of those provisions contained therein for which a violation constitutes a felony
crime, are hereby adopted by reference as currently enacted and as hereinafter amended
from time to time, and shall be given the same force and effect as if set forth herein in full.
A.
RCW 9A.76.010
B.
RCW 9A.76.030
C.
RCW 9A.76.040
D.
RCW 9A.76.050
E.
RCW 9A.76.060
F.
RCW 9A.76.070
G.
RCW 9A.76.080
H.
RCW 9A.76.090
1.
RCW 9A.76.100
Definitions.
Refusing to summon aid for a peace officer.
Resisting arrest.
Rendering criminal assistance - definition of term.
Relative defined.
Rendering criminal assistance in the first degree.
Rendering criminal assistance in the second degree.
Renderine criminal assistance in the third dearee.
Compounding`
3 Criminal Code
J. RCW 9A.76.160 Introducing contraband in the third degree.
K. RCW 9A.76.170 Bail jumping_
L. RCW 9A.76.175 Making a false or misleading statement to a public
servant.
M. RCW 9A.80.010 Official misconduct.
N. RCW 9A.84.040 False reporting_
Sec. 9.02.16. Obstructing public officers.
A. A person is guilty of obstructing a public officer if, with knowledge that the person
is a public officer, he or she:
1. Intentionally and physically interferes with a public officer;
2. Intentionally hinders or delays a public officer by disobeying an order to
stop given by such officer;
3. Intentionally refuses to cease an activity or behavior that creates a risk of
injury to any person when ordered to do so by a public officer;
4. Intentionally destroys, conceals or alters or attempts to destroy, conceal or
alter any material which he or she knows the public officer is attempting to
obtain, secure, or preserve during an investigation, search or arrest; or
5. Intentionally refuses to leave the scene of an investigation of a crime while
an investigation is in progress after being requested to leave by a public
officer.
6. Intentionally hinders or delays a public officer in the discharge of his or her
official duties by making any untrue or misleading statement, report or
identification.
B. No person shall be convicted of violating this section if the judge determines with
respect to the person charged with violating this section that the public officer is not
acting lawfully in a governmental function.
C. For purposes of this section a public officer means those individuals responsible for
the enforcement of the provisions in of the Kent City Code and empowered to make
arrests or issue citations for violations fo_es under the Code or those
4 Criminal Code
individuals responsible for the enforcement of the criminal laws of the state.
D. Obstructing a public officer is a gross misdemeanor.
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Sec. 9.02.18. Escape.
A. Official detention means:
1. Restraint pursuant to a lawful arrest for an offense;
2. Lawful confinement in the Kent Corrections Facility; or
3. Custody for purposes incident to the foregoing including but not necessarily
limited to:
a. Transportation;
5 Criminal Code
b. Medical diagnosis or treatment;
C. Court appearances; or
d. Work and recreation.
B. A person is guilty of escape if, without lawful authority he intentionally removes
himself from official detention or fails to return to official detention following
temporary leave granted for a specified purpose or limit. A violation of this section
is a gross misdemeanor.
Sec. 9.02.19. Disruption of government offices. A person is guilty of disruption
of government offices if he comes into or remains in any government building, office or
public way adjacent thereto, without lawful reason, and intentionally causes substantial
disruption of the activities or functioning of a government office. As used in this section,
the term "government offices" has its ordinary meaning including city, county, state and
federal government offices. A violation of this section is a gross misdemeanor.
See. 9.02.20. interfering with or resisting publie offieers.
-A-. A person is gttilty 4 resisting ffrest 4 lie or site iittei-Aianally pre-veitts or attempts
.
Sec. 9.02.22. Crimes in the courts. The following sections of Chapters 2.48, 9.12,
9.27, 9.62, and 9A.72 of the Revised Code of Washington (RCW), with the exception of
those provisions contained therein for which a violation constitutes a felony crime, are
hereby adopted by reference as currently enacted and as hereinafter amended from time to
time, and shall be given the same force and effect as if set forth herein in full.
A. RCW 2.48.180 Definitions - Unlawful practice a crime - Cause for
discipline - Unprofessional conduct - Defense -
Injunction - Remedies - Costs - Attorneys' fees -
Time limit for action.
B. RCW 9.12.010 Barratry.
C. RCW 9.27.015 Interference. obstruction of any court, building, or
residence - Violations.
6 Criminal Code
D. RCW 9.62.010 Malicious prosecution.
E. RCW 9A.72.010 Definitions.
F. RCW 9A.72.040 False swearing.
G. RCW 9A.72.060 Perjury and false swearing - Retraction.
H. RCW 9A.72.070 Perjury and false swearing - Irregularities no
defense.
1. RCW 9A.72.140 Jury tampering.
J. RCW 9A.72.150 Tamperingwi�ysical evidence.
See. 9.02.24. Refusing to summon aid for a publie offie
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Sec. 9.02.24. Crimes of physical
harm and unlawful detention. The following
sections of Chapters 9.02, 9.91,
9A.36, 9A.40, and 9A.42 of the Revised Code of
Washington (RCW), with the exception
of those provisions contained therein for which a
violation constitutes a felony crime.
are hereby adopted by reference as currently enacted
and as hereinafter amended from time to time, and shall be given the same force and effect
as if set forth herein in full.
A. RCW 9.02.050
Concealin birth.
irth.
B. RCW 9.91.060
Leaving children unattended in a parked automobile.
C. RCW 9A.36.050
Reckless endangerment in the second degree.
D. RCW 9A.36.070
Coercion.
E. RCW 9A.40.070
Custodial interference in the second degree.
F. RCW 9A.40.080
Custodial interference - Assessment of costs -
Defense - Consent defense restricted.
G. RCW 9A.42.080
Abandonment of a dependent person in the third
degree.
H. RCW 9A.42.090
Abandonment of dependent person - Defense.
7 Criminal Code
Sec. 9.02.26. Crimes of harassment. The following sections of Chapters 9.61,
and 9A.46 of the Revised Code of Washington (RCW), with the exception of those
provisions contained therein for which a violation constitutes a felony crime, are hereby
adopted by
reference as currently
enacted and as hereinafter amended from time to time,
and shall be given the same force and effect as if set forth herein in full.
A.
RCW 9.61.230
Telephone harassment.
B.
RCW 9.61.240
Telephone harassment - Permitting telephone to be
used.
C.
RCW 9.61.250
Telephone harassment - Offense, where deemed
committed.
D.
RCW 9A.46.020
Definition - Penalties.
E.
RCW 9A.46.030
Place where committed.
F.
RCW 9A.46.040
Court-ordered requirements upon person charged
with crime - Violation.
G.
RCW 9A.46.050
Arraignment - No -contact order.
H.
RCW 9A.46.060
Crimes included in harassment.
1.
RCW 9A.46.080
Order restricting contact - Violation.
J.
RCW 9A.46.090
Nonliability of peace officer.
K.
RCW 9A.46.100
"Conflicted," time when.
L.
RCW 9A.46.110
Stalking.
Sec. 9.02.28. Assault.
A. A person is guilty of assault when:
1. With intent to cause bodily injury to another person, he or she causes or
attempts to cause bodily injury to any person; or
2. He or she intentionally engages in a physical act which creates in another
a reasonable apprehension or fear of imminent bodily injury; or
3. He or she intentionally and without permission touches another and that
touching is offensive, regardless of whether any actual physical harm is
done to the other person.
8 Criminal Code
B. Assault is a gross misdemeanor.
Sec. 9.02.30. Provoking assault. Every person who shall, by word, sign or gesture,
willfully provoke or attempt to provoke another person to commit an assault or breach of
the peace shall be guilty of a misdemeanor.
Sec. 9.02.32. Prostitution loitering.
A. A person is guilty of prostitution loitering if he or she is in or remains in a public
place and intentionally solicits, induces, entices or procures another to commit
prostitution.
B. The following nonexclusive circumstances may be considered in determining
whether the actor intends to commit the crime of prostitution loitering. The actor:
1. Repeatedly beckons to, stops or attempts to stop, or engages passers-by in
conversation; or
2. Repeatedly stops or attempts to stop motor vehicle operators by hailing,
waving of arms or any other bodily gesture; or
3. Circles or repeatedly returns to an area and repeatedly beckons to, contacts
or attempts to stop pedestrians; or
4. Is a known prostitute or procurer; or
5. Inquires whether a potential patron or other person is a police officer,
searches for articles that would identify a police officer, or exposes genitals
or female breasts, or requests the touching or exposing of genitals or female
breasts to prove that the person is not a police officer.
C. As used in this section:
1. Commit prostitution means to engage or agree or offer to engage in sexual
conduct for a fee, reward, exchange or promise, but does not include sexual
conduct engaged in as part of any stage performance, play or other
entertainment open to the public.
2. Known prostitution or procurer means a person who within one (1) year
previous to the date of arrest for violation of this section has, within the
knowledge of the arresting officer, been arrested for an offense involving
9 Criminal Code
prostitution.
3. Public place is an area generally visible to public view and includes without
limitation streets, sidewalks, bridges, alleys, plazas, parks, driveways,
parking lots, automobiles (whether moving or not), and buildings open to
the general public, including those which serve food or drink, or provide
entertainment, and the doorways and entrances to buildings or dwellings
and the ground enclosing them.
4. Sexual conduct shall have the same meaning as defined in Section
9.02.33B.
d -D. Prostitution loitering is a misdemeanor.
See. 9.02.33. Patronizing a prostitute.
A. It is unlawful for anyone to patronize a prostitute. A person is guilty of patronizing
a prostitute if:
1. Pursuant to a prior understanding he or she pays a fee to another person as
compensation for such person or a third person having engaged in sexual
conduct with him or her;
2. He or she pays or agrees to pay a fee to another person pursuant to an
understanding that in return therefor, the other person or a third party will
engage in sexual conduct with him or her;
3. He or she solicits or requests another person to engage in sexual conduct
with him or her in return for a fee, exchange, reward or promise.
B. For purposes of this section, "sexual conduct" means "sexual intercourse" or
"sexual contact" defined as follows:
1. "Sexual intercourse" (a) has its ordinary meaning and occurs upon any
penetration, however slight, and (b) also means any penetration of the
vagina or anus however slight, by any object, when committed on one (1)
person by another, whether such persons are of the same or opposite sex,
except when such penetration is accomplished for medically recognized
treatment or diagnostic purposes, and (c) also means any act of sexual
10 Criminal Code
contact between persons involving the sex organs of one (1) person and the
mouth or anus of another whether such persons are of the same or opposite
sex.
2. "Sexual contact" means any touching of the sexual or other intimate parts
of a person done for the purpose of gratifying sexual desire of either party.
C. For persons charged with violations of this section, it shall not be a defense that the
person agreeing to accept a fee to engage in sexual conduct or who is solicited or
requested to accept such a fee is a law enforcement officer acting in his official
capacity.
D. Patronizing a prostitute is a misdemeanor.
See. 9.02.44. indecent exposttre;-
Ar
is likely to ea-dse reasonetble affrei-A or alarm.
Sec. 9.02.34. Obscenity, pornography, and sexual exploitation. The following
sections of Chapters 9.68, 9.68A, 9A.44, and 9A.88 of the Revised Code of Washington
(RCW) with the exception of those provisions contained therein for which a violation
constitutes a felony crime, are hereby adopted by reference as currently enacted and as
hereinafter amended from time to time, and shall be given the same force and effect as if
set forth herein in full.
A. RCW 9.68.130 "Sexually elicit material" - Defined - Unlawful
display_
B. RCW 9.68A.011 Definitions.
C. RCW 9.68A.080 Processors of depictions of minor engaged in
sexually explicit conduct - Report required.
D. RCW 9.68A.090 Communication with minor for immoral 12=oses.
11 Criminal Code
E. RCW 9.68A.110 Certain defenses barred, permitted.
F. RCW 9.68A.150 Allowing minor on premises of live erotic
performance.
G. RCW 9.68A.160 Penalty.
H. RCW 9A.44.010 Definitions.
I. RCW 9A.44.096 Sexual misconduct with a minor in the second
decree_
J. RCW 9A.88.010 Indecent exposure.
K. RCW 9A.88.030 Prostitution.
L. RCW 9A.88.050 Prostitution - Sex of parties immaterial - No defense.
M. RCW 9A.88.090 Permitting prostitution.
Sec. 9.02.35. Urinating in public.
A. A person is guilty of urinating in public if the person intentionally urinates or
defecates in a public place, other than a washroom or toilet room, under
circumstances where such act could be observed by any member of the public.
B. Any violation of the provisions of this section shall be an infraction, and any person
found in violation shall be subject to a penalty not to exceed two hundred fifty
dollars ($250.00).
Sec. 9.02.36. Public disturbance.
A. A person is guilty of public disturbance if he or she:
1. Causes a public nuisance disturbance or is in possession and control of
property on which a public nuisance disturbance occurs. The following
sounds are determined to be public nuisance disturbances:
a. The frequent, repetitive or continuous sounding of any horn or siren
attached to a motor vehicle, except as a warning of danger or as
specifically permitted or required by law.
b. The creation of frequent, repetitive or continuous sounds in
connection with the starting, operation, repair, rebuilding or testing
of any motor vehicle, motorcycle, off-highway vehicle or internal
12 Criminal Code
combustion engine within a residential district, so as to
unreasonably disturb or interfere with the peace, comfort and repose
of owners or possessors of real property.
C. Yelling, shouting, hooting, whistling or singing on or near the
public streets, particularly between the hours of 11:00 p.m. and 7:00
a.m. or at any time and place so as to unreasonably disturb or
interfere with the peace, comfort and repose of owners or possessors
of real property.
d. The creation of frequent, repetitive or continuous sounds which
emanate from any building, structure, apartment, condominium, or
yard adjacent thereto which unreasonably interferes
with the peace, comfort, and repose of owners or possessors of real
property such as sounds from musical instruments, audio sound
systems, band sessions, or social gatherings.
e. The creating of frequent, repetitive or continuous sounds made by
any animal, such as barking or howling except that such sounds
made in animal shelters, commercial kennels, veterinary hospitals,
pet shops or pet kennels licensed under and in compliance with
chapter 8.03 of the Kent City Code shall be exempt from this
subsection.
f. Sound from motor vehicle audio sound systems such as tape
players, radios, and compact disc players, operated at a volume so
as to be audible greater than fifty (50) feet from the vehicle itself.
g. Sound from portable audio equipment, such as tape players, radios,
and compact disc players, operated at a volume so as to be audible
greater than fifty (50) feet from the source, and if not operated upon
the property of the operator. This provision shall not apply to such
sounds emitted from scheduled events or activities at parks and
recreational facilities such as public address systems for park or
13 Criminal Code
game events or concerts or similar park or recreation activities.
h. The creation of frequent, repetitive or continuous sounds made in
connection with outdoor construction or the movement of
construction related materials, including noise made by devices
capable of producing sound by either striking or cutting objects,
such as hammers, saws or other equipment with internal combustion
engines; provided, however, such sounds shall be exempt from the
provisions of this Code under the following circumstances:
(i) During the hours of 7:00 a.m. through 8:00 p.m., Monday
through Sunday; or
(ii) In commercial areas not adjacent to residential areas.
B. The foregoing enumeration of acts and noises shall not be construed as excluding
other acts and noises which offend the public peace.
C. Public disturbance is a misdemeanor.
Sec. 9.02.38. Disorderly conduct.
A. A person is guilty of disorderly conduct if, he or she:
1. Uses abusive language and thereby intentionally creates a risk of assault;
2. Intentionally disrupts any lawful assembly or meeting of persons without
lawful authority;
3. Intentionally obstructs pedestrian or vehicular traffic without lawful
authority; or
4. Aggressively begs in a public place.
B. The following definitions shall apply in this section:
1. Aggressively begs means to beg and engage in conduct that would likely
intimidate a reasonable person, including touching, following, persistently
begging after being refused, using violent or threatening language or
gestures, or taking similar actions for the purpose of inducing another
person into giving money or goods.
2. Beg means to ask for money or goods as a charity, whether by words,
14 Criminal Code
bodily gestures, signs or other means.
3. Obstruct pedestrian or vehicular traffic means to walk, stand, sit, lie, grasp
a person, or place an object in such a manner as to block passage by another
person or a vehicle, or to require another person or a driver of a vehicle to
take evasive action to avoid physical contact. Acts authorized as an exercise
of one's constitutional right to picket or legally protest shall not constitute
obstruction of pedestrian or vehicular traffic.
4. Public place means an area generally visible to public view and includes
alleys, bridges, buildings, driveways, parking lots, parks, plazas, sidewalks,
and streets open to the general public including places that serve food or
drink or provide entertainment, in the doorways and entrances to buildings
or dwellings and the grounds enclosing them.
C. Disorderly conduct is a misdemeanor.
See. 9.02.40. Failure to disperse.
I . lie eofigregates with a group of fiffee H) or more other persons and there
B7 Ftti4ttre to di.1-- .
Sec. 9.02.40. Crimes disturbing the peace. The following sections of Chapters
9.91 and 9A.84 of the Revised Code of Washinuton (RCW). with the exception of those
provisions contained therein for which a violation constitutes a felony crime, are hereby
adopted by reference as currently enacted and as hereinafter amended from time to time,
and shall be given the same force and effect as if set forth herein in full.
A. RCW 9.91.025 Unlawful bus conduct.
B. RCW 9A.84.010 Riot.
C. RCW 9A.84.020 Failure to disburse.
15 Criminal Code
Sec. 9.02.42. Public events; criminal activity.
A. Interference with public events. No person shall physically interfere with any public
event activity in a manner which: (1) disrupts the activity to the extent it makes it
difficult for the activity to continue; or (2) causes viewers or participants (including
vendors) to be distracted to the extent the viewing of or the participation in the
activity is obstructed, restrained or inhibited. For purposes of this section, "activity"
shall include any parade, performance, processing, race, game, exhibition or similar
activity which is conducted on a public street or public place and is an official part
of a public event. The term "public event" shall mean any event(s) sponsored or co-
sponsored by, in conjunction with, or endorsed by any public, quasi -public or civic
entity for the benefit of the public.
Violation/penalty. Any violation of this section shall constitute a misdemeanor.
B. Criminal trespass Any person who (1) violates section 9.02.42; (2) commits any
offense against public peace as set forth in chapter 9.02, including, but not limited
to, indecent exposure, urinating in public, public disturbance, disorderly conduct
and failure to disperse, while attending or in conjunction with a public event; (3)
commits a crime against a person as set forth in chapter 9.02, including, but not
limited to, assault and provoking assault, while attending or in conjunction with a
public event; or (4) commits a felony while attending or in conjunction with a
public event, may be ordered removed from the property on which the event is held
by any person(s) having lawful authority over the event or by a law enforcement
officer. Such an order may prohibit the person from returning to the property on
which the event is held for the duration of the event if there is cause to believe that
further violations would occur if the person were allowed to return. Such order shall
apply to event areas both on and off public streets and public places. Any violation
of such an order lawfully issued shall constitute criminal trespass pursuant to
seetion 9.02.54 of this chapter.
See. 9.02.43. Harassment. Ghapter 9A.46 of the Revised Gode of Wttshittgtatt is
16 Criminal Code
See
. , intimidate, torment or embarrass.
7k-. Every persatt > >
•
ittdeeeftt, or abseette words or
> >
2. Anonymously or repefftedly or at an extremely ifteattvettient hour, whethe
or not eativersMiott eftsttes; or
B .
See. 9.02.48. Diseltarge of firearms or dangerotts weapons. R is tmiawfttl for an.!,-
missile irt tt publie piftee, or itt arty pittee w4tere any person migItt be endangered thereby
.,
shall be fts provided itt seetiort 5.94.9- 4 0. A violatiort of this seetiort shall be ,
4iott, as ft gross misderneanor.
See. 9.02.50. Crimes of theft. The following sections of Chapters 9.91 and 9A.56
of the Revised Code of Washington (RCW), with the exception of those provisions
contained therein for which a violation constitutes a felony crime, are hereby adopted by
reference as currently enacted and as hereinafter amended from time to time, and shall be
given the same force and effect as if set forth herein in full.
A. RCW 9.91.140 Food stamps.
B. RCW 9A.56.010 Definitions.
C. RCW 9A.56.020 Theft - Definition, defense.
D. RCW 9A.56.050 Theft in the third degree.
E. RCW 9A.56.060 Unlawful issuance of checks or drafts.
F. RCW 9A.56.140 Possessing stolen property - Definition - Access
devices, presumption.
17 Criminal Code
G.
RCW 9A.56.170
Possessingstolen olen property in the third degree.
H.
RCW 9A.56.180
Obscuring the identity of a machine.
I.
RCW 9A.56.220
Theft of subscription television services.
Sec. 9.02.54. Burglary and Trespass. The following sections of Chapter 9A.52
of the Revised Code of Washington RCW), with the exception of those provisions
contained therein for which a violation constitutes a felony crime, are hereby adopted by
reference as currently enacted and as hereinafter amended from time to time, and shall be
Oven the same force and effect as if set forth herein in full.
A.
RCW 9A.52.010
Definitions.
B.
RCW 9A.52.060
Making or having burglar tools.
C.
RCW 9A.52.070
Criminal trespass in the first degree.
D.
RCW 9A.52.080
Criminal trespass in the second degree.
E.
RCW 9A.52.090
Criminal trespass - Defenses.
F.
RCW 9A.52.100
Vehicle prowling in the second degree.
G.
RCW 9A.52.120
Computer trespass in the second degree.
H.
See.
RCW 9A.52.130
9.02.56. Criminal
Computer trespass - Commission of other crime.
A-. 2�t the
trespass-.
fit-st 4egy-ee Every persett,
knowing that he is not lieettsed er privileged to
or other
trespass
$-
to do
or some
i .
authorized person to
whielt is tt gross misdemeanor.
so, w4to enter
othets authorized person,
Aetttal-eotnnftmieafioino-
letffe stteh bui4ding or strttetttre is guilty of eriminal
, knowiitg that he is not lieenseel or privileged
in any pttblie or private plaee or ott afty pttblie or
tiffettgh!
hefteter
18 Criminal Code
Sec. 9.02.58. Frauds, swindles and deception. The following sections of
Chapters 9.04, 9.18, 9.26A_ 9.38, 9.45, 9.46. 9A.60, and 9A.61 of the Revised Code of
Washington RCW), with the exception of those provisions contained therein for which a
violation constitutes a felony crime, are hereby adopted by reference as currently enacted
and as hereinafter amended from time to time, and shall be given the same force and effect
as if set forth herein in full.
A.
afferttion of inftttders;
or
RCW 9.18.080
C.
RCW 9.18.120
D.
RCW 9.18.130
C_. P&fettyet
it is a defense
to proseetttiott for erimittal trespass under
this Seetion if -
2.
abandoned;
Any piftee a. pte.....e.
teferred to itt this seetiatt was at the
time opett to
3.
imposeI4 on fteeess
The ttetor rettsottably
premises referred
fteeess thereto wottid
to or the pretniseg;�
believed theA the owner of my of
to in this seetiott or other person empowered
have lieettsed him to enter
the plaees or
to lieense
Sec. 9.02.58. Frauds, swindles and deception. The following sections of
Chapters 9.04, 9.18, 9.26A_ 9.38, 9.45, 9.46. 9A.60, and 9A.61 of the Revised Code of
Washington RCW), with the exception of those provisions contained therein for which a
violation constitutes a felony crime, are hereby adopted by reference as currently enacted
and as hereinafter amended from time to time, and shall be given the same force and effect
as if set forth herein in full.
A.
RCW 9.04.010
B.
RCW 9.18.080
C.
RCW 9.18.120
D.
RCW 9.18.130
0 _ . _
Sec. 9.02.58. Frauds, swindles and deception. The following sections of
Chapters 9.04, 9.18, 9.26A_ 9.38, 9.45, 9.46. 9A.60, and 9A.61 of the Revised Code of
Washington RCW), with the exception of those provisions contained therein for which a
violation constitutes a felony crime, are hereby adopted by reference as currently enacted
and as hereinafter amended from time to time, and shall be given the same force and effect
as if set forth herein in full.
A.
RCW 9.04.010
B.
RCW 9.18.080
C.
RCW 9.18.120
D.
RCW 9.18.130
False advertising.
Offender a competent witness.
Suppression of competitive bidding.
Collusion to prevent competitive bidding
19 Criminal Code
E.
RCW 9.18.140
Penalty.
F.
RCW 9.18.150
Agreements outside state.
G.
RCW 9.26A.090
Telephone company credit cards - Prohibited acts.
H.
RCW 9.26A.100
Definitions.
J.
RCW 9.26A.110
Fraud in obtaining telecommunications service -'
Penalty.
J.
RCW 9.26A.120
Fraud in operating coin -box telephone or other
receptacle.
K.
RCW 9.26A.130
Penalty for manufacture or sale of slugs to be used
for coin.
L.
RCW 9.38.010
False representation concerningcredit.
M.
RCW 9.3 8.015
False statement by deposit account applicant.
N.
RCW 9.38.020
itle.
False representation concerningtitle.
O.
RCW 9.45.060
Encumbered, leased, or rented personal property -
Construction.
P.
RCW 9.45.062
Failure to deliver leased personal property -
Requisites for prosecution - Construction.
Q.
RCW 9.45.070
Mock auctions.
R.
RCW 9.45.080
Fraudulent removal of propea.
S.
RCW 9.45.090
Knowingly receiving fraudulent conveyance.
T.
RCW 9.45. 100
Fraud in assignment for benefit of creditors.
U.
RCW 9.46.196
Cheating.
V.
RCW 9A.60.040
Criminal impersonation.
W.
RCW 9A.60.050
False certification.
X.
RCW 9A.61.010
Definitions.
Y.
RCW 9A.61.020
Defrauding public utility.
Z.
See.
RCW 9A.61.050
9.02.60. Third degree
Defrauding public utility in the third degree.
theft-.
20 Criminal Code
n►���►Riri�ii �:�i\i1,w:��i��,i\��:,ani,i\�/a.�iia�ua,i�aial�/iaw.►ia:►i1iw���iaaua►ii all :\�/i■
ll\�/all, a\ M'Li I a!\7 a a\ Imy'/af'1'/aaa maw a►-la►-Uati►�wvWA,-1 a a a a 5Mv/awlR \,/at•■/\ -I il-
or
�a\�
et
7
To approppiate lost or misdelivered property or seffiees of ftnather, or the
vaitte 7
faith,serviee was appropriated openly ftttd a-vowedly ttnder tt e4ttim of title preferred tift
good
C—. A persatt is guilty of theft ift the thir4 degree if he eontmits theft of property or
. s whieh does not emeeed two hundred fifty dolifffs ($250.09) itt vaitte. +he.ft,
Sec. 9.02.62. Reckless burning and malicious mischief. The following sections
of Chapters 9.40 and 9A.48 of the Revised Code of Washington (RCM, with the exception
of those provisions contained therein for which a violation constitutes a felony crime, are
hereby adopted by reference as currently enacted and as hereinafter amended from time to
time, and shall be given the same force and effect as if set forth herein in full.
A. RCW 9.40. 100 Tampering with fire alarm or fire fighting equipment
- False alarm - Penalties.
B. RCW 9A.48.010 Definitions.
C. RCW 9A.48.050 Reckless burning in the second degree.
D. RCW 9A.48.060 Reckless burning - Defense.
E. RCW 9A.48.090 Malicious mischief in the third degree.
F. RCW 9A.48.100 Malicious mischief - "Physical damage" defined.
G. RCW 9A.48.110 Defacing a state monument.
See. 9.02.64. Unlawful issuance of bank chee6 or drafts. it is a gross
21 Criminal Code
=ZMA J91, 119%•l\-tl•1n1�/t!•1%ti•A\%tttltt\SRtilA��1•lt!•/!•Illi•/%\%Nl•/
• tT] �1�A1•��/!��/�Ii. A1�11�1•J %%\R�i\•tl t \•� l/l Sl/ t t� <l l�1•A7�]•/ S t S•1 \-/ t t t �•/!S I• \%tel \l nl S t S� � / l�li S ll l t t I t t!'1'/ t S \•1l
If i{•1.1.grw•/t=.1�1%%lR•A�A•/l lSilttl�=iltt=i1�TlR tll l•/liil l9l • •
115!1..•Jll\RIiA••1!•�\�l!•�%tli�/t%A1lltS llAZWI M2I/l\%7•/llttl�7\R[�.�. St tr_��7lf�lt lll�l� �Sllll'�•/t!�l ttti�l•S•Jtt\R��t\•/A
IM; ONN Ma i
•/%%•%1_ \• t_ Stti4•Il_t_ 1 f L_ \=•_ W•_ J n_1 •_ /l_ <Ill_ l_ g_ !A1'L-. / w_ /
■
Sec. 9.02.80. Reserved. Alcohol, drugs, and toxic fumes. The following sections
of Chapters 9.47A, 26.28, 66.04, 66.28, 66.44, and 69.50 of the Revised Code of
Washington (RCW) with the exception of those provisions contained therein for which a
violation constitutes a felony crime, are hereby adopted by reference as currently enacted
and as hereinafter amended from time to time, and shall be aiven the same force and effect
as if set forth herein in full.
A.
RCW 9.47A.010
B.
RCW 9.47A.020
C.
RCW 9.47A.030
D.
RCW 9.47A.040
E.
RCW 9.47A.050
F.
RCW 26.28.080
G. RCW 66.04.010
Definition.
Unlawful inhalation - Exception.
Possession of certain substances prohibited. when.
Sale of certain substances prohibited. when.
Penalty.
Selling orig ving tobacco to minor - Belief of
representative capacity. no defense - Penalty.
Definitions.
22 Criminal Code
H.
RCW 66.28.200
Keg registration - Requirements of seller.
L
RCW 66.28.210
Ke2 registration - Requirements of purchaser.
J.
RCW 66.28.230
Keg registration - Penalties.
K.
RCW 66.44. 100
Opening or consuming liquor in a public place -
Penalty.
L.
RCW 66.44.150
Buying liquor illegally.
M.
RCW 66.44.180
General penalties - Jurisdiction for violations.
N.
RCW 66.44.200
Sales to persons apparently under the influence of
liquor.
O.
RCW 66.44.240
Drinking in public conveyance - Penalty against
carrier - Exception.
P.
RCW 66.44.250
Drinking in public conveyance - Penalty against
individual - Restricted application.
RCW 66.44.270
Furnishing liquor to minors - Possession, use -
Exhibition of effects - Exceptions.
R.
RCW 66.44.290
Minor purchasing or attempting to purchase liquor.
S.
RCW 66.44.291
Minor purchasing or attempting to purchase liquor -
Penalty against persons between ages of ei hg teen
and twenty, inclusive.
T.
RCW 66.44.300
Treats, gifts, purchases of liquor for or from minor,
or holding out minor as at least twenty-one, in pubic
place where liquor sold.
U.
RCW 66.44.3 10
Minors frequenting off-limits area -
Misrepresentation of age - Penalty - Classification of
licensees.
V.
RCW 66.44.320
Sale of liquor to minors a violation.
W.
RCW 66.44.325
Unlawful transfer to a minor of an identification of
age.
X. RCW 66.44.328 Preparation or acquisition and supply to persons
23 Criminal Code
under age twenty-one of facsimile of official
DD. RCW 69.50.425 Misdemeanor violations - Minimum imprisonment.
See. >
. - --. : -:.'.a:.:.e:.:�6..�:...�:.�:..:.:a:..,a�a., Jam• :.: : -
:--------T-;i;-I:l.,..l / •/•l..l•/\'1%P1•fi1.R:l�..lRi,l��.1�1,
24 Criminal Code
identification card - Penalty.
Y.
RCW 69.50.101
Definitions.
Z.
RCW 69.50.102
Drug paraphernalia - Definitions.
AA.
RCW 69.50.401
Prohibited acts: A -penalties (possession of
marijuana).
BB.
RCW 69.50.408
Second or subsequent offenses.
CC.
RCW 69.50.412
Prohibit acts: E -penalties (paraphernalia).
DD. RCW 69.50.425 Misdemeanor violations - Minimum imprisonment.
See. >
. - --. : -:.'.a:.:.e:.:�6..�:...�:.�:..:.:a:..,a�a., Jam• :.: : -
:--------T-;i;-I:l.,..l / •/•l..l•/\'1%P1•fi1.R:l�..lRi,l��.1�1,
24 Criminal Code
.wi " III
III, V Lwd 4 9 &VI I GM MI
TV. . 4 9. .. ..
. . .
OWMA
MM....
25 Criminal Code
_p!lSS._
211111111LIM!, 111, 101,11311
_ - - • i iii.. i _ _ _ __ _ _ _ _
MWA • " i • - i __ • i M-1
•i i i _ _ i :_ _ _� i -� i i
deemed to be i1ttoxileating-.
9.02.96. Dischargedangerous
unlawful for anv Berson to wilfully discharge anv firearm, air2un or other weapon or throw
any missile in a public place, or in anyplace where any person might be endangered
thereby even though no injury results. The discharge of certain firearms at bonafide gun
clubs, etc., shall be as provided in section 5.04.010. A violation of this section shall be
punishable, upon conviction, as a gross misdemeanor.
Sec. 9.02.100. Reserved. Firearms, dangerous weapons, and explosives. The
following sections of Chanters 9.41.9.91, and 70.74 of the Revised Code of Washington
(RCW), with the exception of those provisions contained therein for which a violation
constitutes a felony crime, are hereby adopted by reference as currently enacted and as
hereinafter amended from time to time, and shall be given the same force and effect as if
set forth herein in full.
A. RCW 9.41.010 Terms defined.
26 Criminal Code
IF A 11
iIN M- i _
. i 11 -. LLII 4 -
i i All m—
i —j i
iw
I A AM III IN Il
i i i i i • _
10-1
WIN
i Al-- i �i --i
�i•
ii r
1 111 11
• ••• ••
i i i i
_p!lSS._
211111111LIM!, 111, 101,11311
_ - - • i iii.. i _ _ _ __ _ _ _ _
MWA • " i • - i __ • i M-1
•i i i _ _ i :_ _ _� i -� i i
deemed to be i1ttoxileating-.
9.02.96. Dischargedangerous
unlawful for anv Berson to wilfully discharge anv firearm, air2un or other weapon or throw
any missile in a public place, or in anyplace where any person might be endangered
thereby even though no injury results. The discharge of certain firearms at bonafide gun
clubs, etc., shall be as provided in section 5.04.010. A violation of this section shall be
punishable, upon conviction, as a gross misdemeanor.
Sec. 9.02.100. Reserved. Firearms, dangerous weapons, and explosives. The
following sections of Chanters 9.41.9.91, and 70.74 of the Revised Code of Washington
(RCW), with the exception of those provisions contained therein for which a violation
constitutes a felony crime, are hereby adopted by reference as currently enacted and as
hereinafter amended from time to time, and shall be given the same force and effect as if
set forth herein in full.
A. RCW 9.41.010 Terms defined.
26 Criminal Code
B. RCW 9.41.050 Carrying firearms.
C. RCW 9.41.060 Exceptions to restrictions on carrying firearms.
D. RCW 9.41.140 Alteration of identifying-marks -Exceptions.
E. RCW 9.41.230 Aiming or discharging firearms, dangerous
weapons.
F. RCW 9.41.240 Possession of pistol by person from eighteen to
twenty-one.
G. RCW 9.41.250 Dangerous weapons - Penalty
H. RCW 9.41.260 Dangerous exhibitions.
1. RCW 9.41.270 Weapons apparently capable of producing_ bodily
harm - Unlawfully carrying or handling - Penalty -
Exceptions.
J. RCW 9.41.280 Possessing dangerous weapons on school facilities -
Penalty - Exceptions.
K. RCW 9.41.300 Weapons prohibited in certain places - Local laws
and ordinances - Exceptions - Penalty,
L. RCW 9.91.160 Personal protection spray devices.
M. RCW 70.74.010 Definitions.
N. RCW 70.74.295 Abandonment of explosives.
O. RCW 70.74.300 Explosive containers to be marked - Penalty_
P. RCW 70.74.3 10 Gas bombs, explosives, stink bombs. etc.
Sec. 9.02.104. Weapons apparently capable of producing bodily harm,
carrying, exhibiting, displaying or drawing unlawful; penalty; exceptions.
A. It shall be unlawful for anyone to carry, exhibit, display or draw any dagger, sword,
knife or other cutting or stabbing instrument, club or any other weapon, exeittding
apparently capable of producing bodily harm, in a manner, under
circumstances, and at a time and place that either manifests an intent to intimidate
another or that warrants alarm for the safety of other persons. Any person violating
the provisions of this subsection shall be guilty of a gross misdemeanor. This
27 Criminal Code
section does not apply to firearms. Firearms are regulated in Section 9.02.100.
B. Pursuant to RCW 9.41.270, if any person is convicted of a violation of subsection
A. of this section, the person shall lose his or her concealed pistol license, if any.
The court shall send notice of the revocation to the department of licensing, and the
city, town or county which issued the license.
C. Subsection A. of this section shall not apply to or affect the following:
carries:
1. Any act committed by a person while in his or her place of abode or fixed
place of business;
2. Any person who by virtue of his or her office or public employment is
vested by law with a duty to preserve public safety, maintain public order
or make arrests for offenses, while in the performance of such duty;
3. Any person acting for the purpose of protecting himself or herself against
the use of presently threatened unlawful force by another, or for the purpose
of protecting another against the use of such unlawful force by a third
person;
4. Any person making or assisting in making a lawful arrest for the
commission of a felony; or
5. Any person engaged in military activities sponsored by the federal or state
governments.
Sec. 9.02.106. Sale, manufacture, possession of certain weapons. A-. it shall be
Anv person who sells, manufactures, purchases, possesses or eat
1. Any device commonly known as nunchuka sticks, consisting of two (2) or
more lengths of wood, metal, plastic or similar substance connected with
wire, rope or other means; or
2. Any device commonly known as throwing stars, which are multipointed,
metal objects designed to embed upon impact from any aspect in a manner,
under circumstances, and at a time and place that either manifests an intent I
to intimidate another or that warrants alarm for the safety of other persons-; �
28 Criminal Code
* ded under state law.
Sec. 9.02.108. Reserved.
Sec. 9.02.112. Costs of prosecution. Whenever anyone is convicted of an offense
under any section of this chapter, or section of any city ordinance, the court may, as
authorized by law, impose reasonable costs of prosecution in addition to the fine imposed.
The court may so impose costs for issuance of bench warrants in an amount not to exceed
one hundred dollars ($100.00).
9.40.100, !..Jj--..r' tampering with fire a4am apparattts of
equipment Satinding
4. 9.41.249, t4se 4fireftrms
false ttlwm.
by .
.
6. 9.45.969, Ftnetmtbered,
leased or reMed personal propei*y .
7. 9.45.962, Failttre
to de iver lettsed persotta4 property Requisites f-0
29 Criminal Code
8. 9.46.196, Ghefttittg.
9. >
•, in higliwery.
10. 9.66.010, Publi t
H. 9.66.9�9, Maintaitting or permitting
.
9.21.429, Food staMs ftnel
food purehased
wit4t stewnps Reselling or
14. 70.93.069, �:itferittg prohibite4
See. 9.02.420. Sante Title 9A. T-Ite
hereby adopted by ref�rettee and shall be givett
adopted itt their entirety:
Penalties.4
Following
the
same
seetiotts of RGW Title 9A a
foree and efFeet fts if they were
n n n 7o nen , Grit ,:tta solieitatiett.
4. 9A.46.050, Reekless 3. 9A.28.040, Gritnittal eoqq
.
S. 9A.;6.079, r+,...re a
6. 92k.48.099, Mttlieiatts fttisehi4itt the third degree. -
7 7.
n nno inn Befi ..:t:,._
degree.t.8. 9A42.490, Vehiele prawhttg.
19. 92k.72.049, Fa4se swearitT-.
44. 92k.7-2.150, Tampering with physiett!
.
12. 9A.46.959, Rendering eritftitta4
.
9,6r.76.499, GompottttditT-.
44. 9A.46.160, ittfrodtteing eentraband in the third
.
15. 9A. on01n n:�
44. 92k.98.0;9, n"" "ii+MiOn..
18. 9A.88.999, Permitting .
30 Criminal Code
Sec. 9.02.124. Offenses against police dogs. No person shall willfully or
maliciously torment, beat, kick or strike any dog owned or being used by the police
department in the performance of its official duties. No person shall willfully hinder, delay,
or obstruct any dog used by a law enforcement officer in discharging or attempting to
discharge his official duties. Any person violating the provisions of this section shall be
guilty of a misdemeanor.
Sec. 9.02.128. Cruelty to animals. The following sections of Chapters 9.08 and
16.52, of the Revised Code of Washington (RCW) with the exception of those provisions
contained therein for which a violation constitutes a felony crime, are hereby adopted by
reference as currently enacted and as hereinafter amended from time to time, and shall be
given the same force and effect as if set forth herein in full.
A. RCW 9.08.065
B. RCW 9.08.070
C. RCW 16.52.011
D. RCW 16.52.117
E.
RCW 16.52.190
F.
RCW 16.52.195
G.
RCW 16.52.207
Definitions.
Pet animals - Taking, concealing, injuring, killinL
etc. - Penalty.
Definitions - Principles of liability.
Animal fighting - Owners, trainers, spectators -
Exceptions.
Poisoning animals.
Poisoning animals - Penalty.
Animal cruelty in the second degree.
H. RCW 16.52.210 Destruction of animals by law enforcement officer -
Immunity from liability.
Sec. 9.02.132. Crimes of nuisance. The following sections of Chapters 9.03 and
9.66 of the Revised Code of Washington (RCW). with the exception of those provisions
contained therein for which a violation constitutes a felony crime, are hereby adopted by
reference as currently enacted and as hereinafter amended from time to time, and shall be
given the same force and effect as if set forth herein in full.
31 Criminal Code
A.
RCW 9.03. 010
Abandoning, discarding refrigeration equipment.
B.
RCW 9.03.020
Permitting unused equipment to remain on premises.
C.
RCW 9.03.040
Keeping or storing equipment for sale.
D.
RCW 9.66.010
Public nuisance.
E.
RCW 9.66.030
Maintaining or permitting nuisance.
F.
RCW 9.66.050
Deposit of unwholesome substance.
Sec. 9.02.136. Crimes relating to corporations and business. The following
sections of Chapters 9.24 and 9A.50 of the Revised Code of Washington RCW), with the
exception of those provisions contained therein for which a violation constitutes a felony
crime, are hereby adopted by reference as currently enacted and as hereinafter amended
from time to time, and shall be given the same force and effect as if set forth herein in full.
A.
RCW 9.24.040
B.
RCW 9A.50.010
RCW 9.73.030
C.
RCW 9A.50.020
D.
RCW 9A.50.030
Corporation doing business without license.
Definitions.
Interference with health care facility.
Penalty.
Sec. 9.02.140. Violation of nrivacv. The following sections of Chanter 9.73 of
the Revised Code of Washington (RCW), with the exception of those provisions contained
therein for which a violation constitutes a felony crime, are hereby adopted by reference
as currently enacted and as hereinafter amended from time to time, and shall be given the
same force and effect as if set forth herein in full.
A.
RCW 9.73.020
Opening sealed letter.
B.
RCW 9.73.030
Intercepting, recording or divulging_ private
communication - Consent required - Exceptions.
C.
RCW 9.73.070
Persons and activities excepted from chapter.
D.
RCW 9.73.080
Intercepting recording, or divulging_ private
communication - Penalty.
E.
RCW 9.73.090
Certain emergency response personnel exempted
from RCW 9.73.030 through 9.73.080 - Standards -
Court authorizations - Admissibility.
32 Criminal Code
Sec. 9.02.300. Domestic violence--Definition--Designation.
1. Family or household members means spouses, former spouses, persons who
have a child in common regardless of whether they have been married or
have lived together at any time, adult persons related by blood or marriage,
adult persons who are presently residing together or who have resided
together in the past, persons sixteen (16) years of age or older who are
presently residing together or who have resided together in the past and who
have or have had a dating relationship, persons sixteen (16) years of age or
older with whom a respondent sixteen (16) years of age or older has or has
had a dating relationship, and persons who have a biological or legal parent-
child relationship, including stepparents and stepchildren and grandparents
and grandchildren.
2. Dating relationship means a social relationship of a romanic nature. Factors
that the court may consider in making this determination includes the length
of time the relationship has existed, the nature of the relationship, and the
frequency of interaction between the parties.
3. Domestic violence includes, but is not limited to, any of the following
crimes when committed by one family or household member against
another:
(a) Assault KCC 9.02.28
(b) Provoking assault KCC 9.02.30
(c) Crimes of harassment KCC 9.92.432.02.96
(d) Telephone ea4ls to harass,
9.02.44 Reckless burning in the second degree KCC 9.02.62(Cl
(e) Discharge of firearms or dangerous instrumentalities KCC 9.02-49
9.02.96
(f) Criminal trespass in the second degree KCC 9.9Tvzw 9.02,54(D)
(g) Theft in the T -third degree theft KCC 9.9-2.60 9.02.50(D)
(h) Reckless endangerment in the second degree KCC 9.002122
33 Criminal Code
9.02.24 UC
(i) Coercion KCC 9.992.129 9.02.24(D)
0) Malicious mischief in the third degree KCC 9-92.429 9.02.62(E)
(k) Vehicle prowling in the second degree KCC 9.92.129 9.02.54(F)
(1) Violation of a no contact order KCC 9.02.302
(m) Violation of a protecting order KCC 9.02.304
(n) Violation of a restraining order KCC 9.02.306
(o) Violation of civil anti -harassment protection order KCC 9.02.308
(p) Interfering with the reporting of domestic violence, Kent City Code
9.02.301.
4. For the purpose of this section, "victim" means a family or household
member who has been subjected to domestic violence.
Sec. 9.02.301. Same --Interfering with the reporting of.
A. A person commits the crime of interfering with the reporting of domestic violence
if the person:
1. Commits a crime of domestic violence, as defined in Kent City Code
section 9.02.300; and
2. Prevents or attempts to prevent the victim of or a witness to that domestic
violence crime from calling a 911 emergency communication system,
obtaining medical assistance, or making a report to any law enforcement
official.
B. Commission of a crime of domestic violence under subsection A. of this section is
a necessary element of the crime of interfering with the reporting of domestic
violence.
C. Interference with the reporting of domestic violence is a gross misdemeanor.
Sec. 9.02.302. Same --Violation of a no contact order. When any person arrested
for or charged with a crime involving domestic violence is released from custody
before arraignment or trial on bail or personal recognizance or after trial before
sentencing or as a condition of any sentence imposed, the court authorizing the
34 Criminal Code
release may prohibit the person from having any contact with any victim. 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 RCW ch. 10.99
and will subject a violator to arrest. Any assault or reckless endangerment that is
a violation of this order is a felony.
Wilful violation of a court order issued under this section or of an order issued by
any court of competent jurisdiction under equivalent statute or ordinance is a gross
misdemeanor. In addition, the person violating such order is subject to the penalty
provided in section 9.02.310. A certified copy of the order shall be provided to the
victim.
Sec. 9.02.304. Same --Violation of a protection order. Whenever an order for
protection is granted under RCW ch. 26.50 and the respondent or person to be restrained
knows of the order, a violation of the restraint provisions or of a provision excluding the
person from a residence is a gross misdemeanor. In addition, the person violating such
order is subject to the penalty provided in section 9.02.310.
Sec. 9.02.306. Same --Violation of a restraining order.
A. Whenever a restraining order is issued pursuant to RCW ch. 26.09 and the person
to be restrained knows of the order, a violation of the provisions restricting the
person from acts or threats of violence or of a provision excluding the person from
a residence is a misdemeanor subject to the penalty provided in section 9.02.310.
B. A person is deemed to have notice of a restraining order if:
1. The person to be restrained or the person's attorney sign the order;
2. The order recites that the person to be restrained or the person's attorney
appeared in person before the court;
3. The order was served upon the person to be restrained;
4. The peace officer gives the person oral or written evidence of the order by
reading from it or handing to a person a certified copy of the original order
which is certified to be an accurate copy of the original by a notary public
or by a clerk of the court; or
35 Criminal Code
5. Service by publication pursuant to RCW Ch. 26.09.
C. It is a defense to prosecution under this section that the court erroneously issued the
order contrary to law or court rule.
D. Restraining orders issued under RCW ch. 26.09 restraining a person from harming
or disturbing another party or from entering a party's home shall bear the legend:
Violation of this order with actual notice of its contents is a criminal offense under
RCW ch. 26.09 and will subject the violator to criminal prosecution.
Sec. 9.02.308. Same --Violation of civil anti -harassment protection order.
Whenever an order for protection from civil harassment is issued pursuant to RCW ch.
10. 14, and the respondent or person to be restrained knows of the order, any willful
disobedience of the order by such person shall be a gross misdemeanor.
Sec. 9.02.310. Same --Contempt of court. Violations of sections 9.02.302,
9.02.304, 9.02.306, and 9.02.308 may also constitute contempt of court, and are subject to
the penalties prescribed by law.
Sec. 9.02.312. Stay out of areas of prostitution orders.
A. Stay out of areas of prostitution orders, hereinafter known as "SOAP" orders, may
be issued by the Kent Municipal Court to anyone charged with prostitution,
permitting prostitution, prostitution loitering, or patronizing a prostitute under
chapter 9.02 of the Kent City Code as a condition of pre-trial release.
B. SOAP orders may be issued by the Kent Municipal Court to anyone convicted of
prostitution, permitting prostitution, prostitution loitering, or patronizing a
prostitute under chapter 9.02 of the Kent City Code as a condition of probation.
C. Whenever a police officer shall have probable cause to believe that a person has
received a SOAP order as a condition of pre-trial release or of probation and in the
officer's presence is seen violating or failing to comply with any requirement or
restriction imposed by the court as a condition of such pre-trial release or probation,
such officer may arrest the violator without warrant or other process for violation
of the SOAP order and bring such person before the court issuing the order.
36 Criminal Code
D. The SOAP order shall warn the person named in the order to stay out of the
following "high risk prostitution areas."
1. Pacific Highway South from the 25300 block to State Route 516, including
all adjacent businesses.
E. A person is deemed to have notice of the SOAP order when:
1. The signature of the person named in the order or their attorney is affixed
to the bottom of the order, signifying that they have read the order and have
knowledge of the contents of the order; or
2. The order recites that the person named in the order or the person's attorney
appeared in person before the court.
F. The written SOAP order shall contain the court's directives and shall bear the
legend: "Violation of this order is a criminal offense under Chapter 9.02. KCC and
will subject the violator to arrest."
G. Whenever a SOAP order is issued under this section, and the person named in the
order knows of the order, a violation of the provisions of the order is a
misdemeanor and shall be punished by a fine of not more than one thousand dollars
($1,000.00) or imprisonment for not more than ninety (90) days, or both such fine
and imprisonment.
Sec. 9.02.320. Probation violations.
A. For purposes of this section, the word "probationer" means any person who after
conviction of violation of an ordinance of the city or a law of the state has been
placed on probation in connection with the suspension or deferral of sentence by
either a district court of this county, municipal court or the superior court.
B. Whenever a police officer shall have probable cause to believe that a probationer,
prior to the termination of his probation is in such police officer's presence,
violating or failing to comply with any requirement or restriction imposed by the
court as a condition of such probation, such officer may cause the probationer to be
brought before the court wherein sentence was deferred or suspended, and for such
37 Criminal Code
purpose such police officer may arrest such probationer without warrant or other
process.
Sec. 9.02.330. Violations; penalty. Unless otherwise provided in this chapter,
violation of any provision of this chapter shall be punishable by:
1. Gross misdemeanor. Every person convicted of a gross misdemeanor
defined in chapter 9.02 of the Kent City Code shall be punished by
imprisonment in jail for a maximum term fixed by the court of not more
than one (1) year, or by a fine in an amount fixed by the court of not more
than five thousand dollars ($5,000.00), or by both such imprisonment and
fine.
2. Misdemeanor Every person convicted of a misdemeanor defined in chapter
9.02 of the Kent City Code shall be punished by imprisonment in jail for a
maximum term fixed by the court of not more than ninety (90) days, or by
a fine in an amount fixed by the court of not more than one thousand dollars
($1,000.00), or by both such imprisonment and fine.
SECTION 2. Kent City Code Section 8.03.260 entitled "Unlawful acts
against police department dogs - Penalty for violations" is hereby repealed in its entirety
as follows:
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t1�7�����It�����A1�\�1��\R���\�/���L���)A)�f�\�J \�i����\�/�1��\�I\A��f.7���7����1�����It�S��'Iw7/��■
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38 Criminal Code
SECTION 3. Kent City Code 8.03.270 entitled "Cruelty to animals -
Unlawful acts designated" is hereby repealed in its entirety as follows:
See. 8.03.270. Cruelty to animals Unlawfid acts designated. it
: ...1,,...4
.1 fo..
any persaft to—
SECTION 4. Kent City Code Section 9.12.22 entitled "Possession of
marijuana" is hereby repealed in its entirety as follows:
See. 9.42.22. Possession of mar�ttana. it shall be tmiawftil for any persatt te,
39 Criminal Code
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SECTION 4. Kent City Code Section 9.12.22 entitled "Possession of
marijuana" is hereby repealed in its entirety as follows:
See. 9.42.22. Possession of mar�ttana. it shall be tmiawftil for any persatt te,
39 Criminal Code
fiber, or the sterilized see4 of the plant w -i is itleftPable of
>
SECTION S. Kent City Code Section 9.12.44 entitled "Unlawful
possession of injection devices" is hereby repealed in its entirety as follows:
See. 9.12.44. Unlawfttl possession of injeetion deviees. it shall be uttlawftil f6f
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SECTION 6. Kent City Code Section 9.26 entitled "Sale and display of
drug paraphernalia" is hereby repealed in its entirety as follows:
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41 Criminal Code
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SECTION 7. Chapter 9.36 of the Kent City Code entitled "Traffic Code"
is hereby amended by adding a new section as follows:
Sec. 9.36.040. Breaking traction - Quick starts.
1. No person shall drive any vehicle or motor -driven cycle so as to cause, by
excessive or unnecessary acceleration, the tires of any such vehicle or cycle
to spin and emit loud noises or to unnecessarily throw stones or gravel.
2. Any person violating this section shall be guilty of a misdemeanor.
SECTION 8. - Severability If any one or more sections, subsections, or
sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall
46 Criminal Code
not affect the validity of the remaining portion of this Ordinance and the same shall remain
in full force and effect.
SECTION 9. - Effective Date. This emergency ordinance shall take effect
and be in force immediately upon adoption.
ATTEST:
CITY CLERK DEPuTy
APPROVED AS TO FORM:
ROGER A. LUBOVICH, CITY
PASSED: a0,ill day of , 1997.
APPROVED: a, qday of - , 1997.
PUBLISHED: day of 11997.
I hereby certify that this is a true copy of Ordinance No.. , passed
by the City Council of the City of Kent, Washington, and approved by the Mayor of the
City of Kent as hereon indicated.
/ kLIa1. (SEAL)
CITY CLERK D& - J,
7DO,AJA)4 \5&)AW
1' \LAW\ORDINANC\CHAPNINE ORD
_.. 47
2.48.180 Definitions—Unlawful practice a crime—
Cause for discipline—Unprofessional conduct—Defense—
Injunction—Remedies—Costs—Attorneys'
onduct Defense--
Injunction—Remedies—Costs—Attorneys' fees—Time
limit for action. (1) As used in this section:
(a) "Legal provider" means an active member in good
standing of the state bar, and any other person authorized by
the Washington state supreme court to engage in full or
limited practice of law;
(b) "Nonlawyer" means a person to whom the Washing-
ton supreme court has granted a limited authorization to
practice law but who practices law outside that authorization,
and a person who is not an active member in good standing
of the state bar, including persons who are disbarred or
suspended from membership;
(c) "Ownership interest" means the right to control the
affairs of a business, or the right to share in the profits of a
business, and includes a loan to the business when the
interest on the loan is based upon the income of the business
or the loan carnes more than a commercially reasonable rate
of interest.
(2) The following constitutes unlawful practice of law:
(a) A nonlawyer practices law, or holds himself or
herself out as entitled to practice law;
(b) A legal provider holds an investment or ownership
interest in a business primarily engaged in the practice of
law, knowing that a nonlawyer holds an investment or
ownership interest in the business;
(c) A nonlawyer knowingly holds an investment or
ownership interest in a business primarily engaged in the
practice of law;
(d) A legal provider works for a business that is
primarily engaged in the practice of law, knowing that a
nonlawyer holds an investment or ownership interest in the
business; or
(e) A nonlawyer shares legal fees with a legal provider.
(3) Unlawful practice of law is a crime. A single
violation of this section is a gross misdemeanor. Each
subsequent violation, whether alleged in the same or in
subsequent prosecutions, is a class C felony.
(4) Nothing contained in this section affects the power
of the courts to grant injunctive or other equitable relief or
to punish as for contempt.
(5) Whenever a legal provider or a person licensed by
the state in a business or profession is convicted, enjoined,
or found liable for damages or a civil penalty or other
equitable relief under this section, the plaintiff s attorney
shall provide written notification of the judgment to the
appropriate regulatory or disciplinary body or agency.
(6) A violation of this section is cause for discipline and
constitutes unprofessional conduct that could result in any
regulatory penalty provided by law, including refusal,
revocation, or suspension of a business or professional li-
cense, or right or admission to practice. Conduct that
constitutes a violation of this section is unprofessional
conduct in violation of RCW 18.130.180.
(7) In a proceeding under this section it is a defense if
proven by the defendant by a preponderance of the evidence
that, at the time of the offense, the conduct alleged was
authorized by the rules of professional conduct or the admis-
sion to practice rules, or Washington business and profes-
sions licensing statutes or rules.
(8) Independent of authority granted to the attorney
general, the prosecuting attorney may petition the superior
court for an inunction against a person who has violated this
chapter. Remedies in an injunctive action brought by a
prosecuting attorney are limited to an order enjoining,
restraining, or preventing the doing of any act or practice
that constitutes a violation of this chapter and imposing a
civil penalty of up to five thousand dollars for each viola-
tion. The prevailing parry in the action may, in the discre-
tion of the court, recover its reasonable investigative costs
and the costs of the action including a reasonable attorney's
fee. The degree of proof required in an action brought under
this subsection is a preponderance of the evidence. An
action under this subsection must be brought within three
years after the violation of this chapter occurred. [1995 c
285 § 26; 1989 c 117 § 13; 1933 c 94 § 14; RRS § 138-14.]
9.02.050 Concealing birth. Every person who shall
endeavor to conceal the birth of a child by any disposition
of its dead body, whether the child died before or after its
birth, shall be guilty of a gross misdemeanor. [1909 c 249
§ 200; RRS § 2452.]
9.03.010 Abandoning, discarding refrigeration
equipment. Any person who discards or abandons or leaves
in any place accessible to children any refrigerator, icebox,
or deep freeze locker having a capacity of one and one-half
cubic feet or more, which is no longer in use, and which has
not had the door removed or a portion of the latch mecha-
nism removed to prevent latching or locking of the door, is
guilty of a misdemeanor. [1955 c 298 § 1.1
9.03.020 Permitting unused equipment to remain on
premises. Any owner, lessee, or manager who knowingly
permits such an unused refrigerator, icebox, or deep freeze
locker to remain on the premises under his control without
having the door removed or a portion of the latch mecha-
nism removed to prevent latching or locking of the door is
guilty of a misdemeanor. [1955 c 298 § 2.]
9.03.040 Keeping or storing equipment for sale.
Any person who keeps or stores refrigerators, iceboxes, or
deep freeze lockers for the purpose of selling or offering
them for sale shall not be guilty of a violation of this chapter
if he takes reasonable precautions to effectively secure the
door of any refrigerator, icebox, or deep freeze locker held
for purpose of sale so as to prevent entrance of children
small enough to fit into such articles. [1955 c 298 § 4.]
am
EXHIBILL
9.04.010 False advertising. Any person, firm,
corporation or association who, with intent to sell or in any
wise dispose of merchandise, securities, service, or anything
offered by such person, firm, corporation or association,
directly or indirectly, to the public for sale or distribution, or
with intent to increase the consumption thereof, or to induce
the public in any manner to enter into any obligation relating
thereto, or to acquire title thereto, or an interest therein,
makes, publishes, disseminates, circulates, or places before
the public, or causes, directly or indirectly, to be made,
published, disseminated, circulated, or placed before the
public in this state, in a newspaper or other publication, or
in the form of a book, notice, hand -bill, poster, bill, circular,
pamphlet, or letter, or in any other way, an advertisement of
any sort regarding merchandise, securities, service, or
anything so offered to the public, which advertisement
contains any assertion, representation or statement of fact
which is untrue, deceptive or misleading, shall be guilty of
a misdemeanor: PROVIDED, That the provisions of this
section shall not apply to any owner, publisher, agent, or
employee of a newspaper for the publication of such
advertisement published in good faith and without knowledge
of the falsity thereof. [1913 c 34 § 1; RRS § 2622-1.]
9.08.065 Definitions. As used in RCW 9.08.070:
(1) "Pet animal" means a tamed or domesticated animal
legally retained by a person and kept as a companion. "Pet
animal" does not include livestock raised for commercial
purposes.
(2) "Research institution" means a facility licensed by
the United States department of agriculture to use animals in
biomedical or product research.
(3) "U.S.D.A. licensed dealer" means a person who is
licensed or required to be licensed by the United States
department of agriculture to commercially buy, receive, sell,
negotiate for sale, or transport animals. [ 1989 c 359 § 1.1
9.08.070 Pet animals—Taking, concealing, injuring,
killing, etc.—Penalty. (1) Any person who, with intent to
deprive or defraud the owner thereof, does any of the
following shall be guilty of a gross misdemeanor and shall
be punished as prescribed under RCW 9A.20.021(2) and by
a mandatory fine of not less than five hundred dollars per
pet animal except as provided by (d) of this subsection:
(a) Takes, leads away, confines, secretes or converts any
pet animal, except in cases in which the value of the pet
animal exceeds two hundred fifty dollars;
(b) Conceals the identity of any pet animal or its owner
by obscuring, altering, or removing from the pet animal any
collar, tag, license, tattoo, or other identifying device or
mark.
(c) Willfully or recklessly kills or injures any pet
animal, unless excused by law.
(d) Nothing in this subsection or Subsection (2) of this
section shall prohibit a person from also being convicted of
separate offenses under RCW 9A.56.030, 9A.56.040, or
9A.56.050 for theft or under RCW 9A.56.150, 9A.56.160, or
9A.56.170 for possession of stolen property.
(2)(a) It is unlawful for any person to receive with
intent to sell to a research institution in the state of Washing-
ton, or sell or otherwise directly transfer to a research
institution in the state of Washington, a pet animal that the
person knows or has reason to know has been stolen or
fraudulently obtained. This subsection does not apply to
U.S.D.A. licensed dealers.
(b) The first conviction under (a) of this subsection is a
gross misdemeanor and is punishable as prescribed under
RCW 9A.20.021(2) and by a mandatory fine of not less than
five hundred dollars per pet animal. A second or subsequent
conviction under (a) of this subsection is a class C felony
and is punishable as prescribed under RCW 9A.20.021(1)(c)
and by a mandatory fine of not less than one thousand
dollars per pet animal.
(3)(a) It is unlawful for any person, who knows or has
reason to know that a pet animal has been stolen or fraudu-
lently obtained, to sell or otherwise transfer the pet animal
to another who the person knows or has reason to know has
previously sold a stolen or fraudulently obtained pet animal
to a research institution in the state of Washington.
(b) A conviction under (a) of this subsection is a class
C felony and shall be punishable as prescribed under RCW
9A.20.021(1)(c) and by a mandatory fine of not less than
one thousand dollars per pet animal.
(4)(a) It is unlawful for a U.S.D.A. licensed dealer to
receive with intent to sell, or sell or transfer directly or
through a third party, to a research institution in the state of
Washington, a pet animal that the dealer knows or has
reason to know has been stolen or fraudulently obtained.
(b) A conviction under (a) of this subsection is a class
C felony and shall be punishable as prescribed under RCW
9A.20.021(1)(c) and by a mandatory fine of not less than
one thousand dollars per pet animal.
(5) The sale, receipt, or transfer of each individual pet
animal in violation of subsections (1), (2), (3), and (4) of
this section constitutes a separate offense.
(6) The provisions of subsections (1), (2), (3), and (4)
of this section shall not apply to the lawful acts of any
employee, agent, or director of any humane society, animal
control agency, or animal shelter operated by or on behalf of
any government agency, operating under law. [1989 c 359
§ 2; 1982 c 114 § 1.]
Application of Consumer Protection Act RCW 19 86145
9.12.010 Barratry. Every person who brings on his
or her own behalf, or instigates, incites, or encourages
another to bring, any false suit at law or in equity in any
court of this state, with intent thereby to distress or harass a
defendant in the suit, or who serves or sends any paper or
document purporting to be or resembling a judicial process,
that is not in fact a judicial process, is guilty of a misde-
meanor; and in case the person offending is an attorney, he
or she may, in addition thereto be disbarred from practicing
law within this state. [1995 c 285 § 27; 1915 c 165 § 1;
1909 c 249 § 118; Code 1881 § 901; 1873 p 204 § 100;
1854 p 92 § 91; RRS § 2370.1
Effective date -1995 c 285: See RCW 48.30A.900.
Attorneys at law: Chapter 2.44 RCW.
State bar act: Chapter 2.48 RCW.
9.18.080 Offender a competent witness. Every
person offending against any of the provisions of law
relating to bribery or corruption shall be a competent witness
against another so offending and shall not be excused from
giving testimony tending to criminate himself. [1909 c 249
§ 78; RRS § 2330. Cf. 1907 c 60 §§ 1, 2; RRS §§ 2149,
2150.]
9.18.120 Suppression of competitive bidding. When
any competitive bid or bids are to be or have been solicited,
requested, or advertised for by the state of Washington, or
any county, city, town or other municipal corporation
therein, or any department of either thereof, for any work or
improvement to be done or constructed for or by such state,
county, city, town, or other municipal corporation, or any
department of either thereof, it shall be unlawful for any
person acting for himself or as agent of another, or as agent
for or as a member of any partnership, unincorporated firm
or association, or as an officer or agent of any corporation,
to offer, give, or promise to give, any money, check, draft,
property, or other thing of value, to another or to any firm,
association, or corporation for the purpose of inducing such
other person, firm, association, or corporation, either to
refrain from submitting any bids upon such public work or
improvement, or to enter into any agreement, understanding
or arrangement whereby full and unrestricted competition for
the securing of such public work will be suppressed,
prevented, or eliminated; and it shall be unlawful for any
person to solicit, accept, or receive any money, check, draft,
property, or other thing of value upon a promise or under-
standing, express or implied, that he individually or as an
agent or officer of another person, persons, or corporation,
will refrain from bidding upon such public work or improve-
ment, or that he will on behalf of himself or such others
submit or permit another to submit for him any bid upon
such public work or improvement in such sum as to elimi-
nate full and unrestricted competition thereon. [ 1921 c 12
§ 1; RRS § 2333-1.1
9.18.130 Collusion to prevent competitive bidding.
It shall be unlawful for any person for himself or as an agent
or officer of any other person, persons, or corporation to in
any manner enter into collusion or an understanding with
any other person, persons, or corporation to prevent or
eliminate full and unrestricted competition upon any public
work or improvement mentioned in RCW 9.18.120. [1921
c 12 § 2; RRS § 2333-2.]
9.18.140 Penalty. Any person violating any provi-
sions of RCW 9.18.120 through 9.18.150 shall be guilty of
a gross misdemeanor. [1921 c 12 § 3; RRS § 2333-3.]
9.18.150 Agreements outside state. It shall be no
defense to a prosecution under RCW 9.18.120 through
9.18.150 that a payment or promise of payment of any
money, check, draft, or anything of value, or any other
understanding or arrangement to eliminate unrestricted
competitive bids was had or made outside of the state of
Washington, if such work or improvement for which bids are
called is to be done or performed within the state. [1921 c
12 § 4; RRS § 2333-4.1
9.24.040 Corporation doing business without
license. Every corporation, whether domestic or foreign, and
every person representing or pretending.to represent such
corporation as an officer, agent or employee thereof, who
shall transact, solicit or advertise for any business in this
state, before such corporation shall have obtained from the
officer lawfully authorized to issue the same, a certificate
that such corporation is authorized to transact business in
this state, shall be guilty of a gross misdemeanor. [1909 c
249 § 389; RRS § 2641. Formerly RCW 9 45.130.]
9.26A.090 Telephone company credit cards—
Probibited acts. Every person who sells, rents, ]ends, gives,
advertises for sale or rental, or publishes the credit card
number of an existing, canceled, revoked, expired, or nonex-
istent telephone company credit card, or the numbering or
coding that is employed in the issuance of telephone compa-
ny credit cards or access devices, with the intent that -it be
used or with knowledge or reason to believe that it will be
used to avoid the payment of any lawful charge, shall be
guilty of a gross misdemeanor. [ 1990 c 11 § 3; 1974 ex.s.
c 160 § 1.]
9.26A.100 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Access device" shall have the same meaning as that
contained in RCW 9A.56.010.
(2) "Computer' means an electronic, magnetic, optical,
electrochemical, or other high speed data processing device
performing logical, arithmetic, or storage functions, and
includes any data storage facility or communications facility
directly related to or operating in conjunction with such
device, but does not mean an automated typewriter or
typesetter, portable hand held calculator, or other similar
device.
(3) "Computer trespass" shall have the same meaning as
that contained in chapter 9A.52 RCW.
(4) "Credit card number" means the card number or
coding appearing on a credit card or other form of authoriza-
tion, including an identification card or plate issued to a
person by any telecommunications provider that permits the
person to whom it has been issued to obtain telecommunica-
tions service on credit. The term includes the number or
description of the card or plate, even if the card or plate
itself is not produced at the time the telecommunications
service is obtained.
(5) "Publish" means the communication or dissemination
of information to any one or more persons: (a) Orally, in
person, or by telephone, radio, or television; (b) in a writing
of any kind. including without limitation a letter or memo-
randum, circular or handbill, newspaper or magazine article,
or book; or (c) electronically, including by the use of
recordings, computer networks, bulletin boards, or other
means of electronic storage and retrieval.
(6) "Telecommunications" shall have the same meaning
as that contained in RCW 80.04.010 and includes telecom-
munications service that originates, terminates, or both
originates and terminates in this state.
(7) "Telecommunications company" shall have the same
meaning as that contained in RCW 80.04.010.
(8) "Telecommunications device" means any operating
procedure or code, instrument, apparatus, or equipment
5 of 56
designed or adapted for a particular use, and which is
intended or can be used in violation of this chapter, and
includes, but is not limited to, computer hardware, software,
and programs; electronic mail system; voice mail system;
private branch exchange; or any other means of facilitating
telecommunications service.
(9) "Telephone company" means any local exchange
company, as defined in RCW 80.04.010. [1990 c 11 § 1.1
9.26A.110 Fraud in obtaining telecommunications
service --Penalty. (1) Every person who, with intent to
evade the provisions of any order or rule of the Washington
utilities and transportation commission or of any tariff, price
list, contract, or any other filing lawfully submitted to said
commission by any telephone, telegraph, or telecommunica-
tions company, or with intent to defraud, obtains telephone,
telegraph, or telecommunications service from any telephone,
telegraph, or telecommunications company through: (a) The
use of a false or fictitious name or telephone number; (b) the
unauthorized use of the name or telephone number of
another; (c) the physical or electronic installation of, rear-
rangement of, or tampering with any equipment, or use of a
telecommunications device. (d) the commission of computer
trespass, or (e) any other trick, deceit, or fraudulent device,
shall be guilty of a misdemeanor If the value of the
telephone, telegraph, or telecommunications service that any
person obtains in violation of this section during a penod of
ninety days exceeds:
(a) Fifty dollars in the aggregate, then such person shall
be guilty of a gross misdemeanor;
(b) Two hundred fifty dollars in the aggregate, then such
person shall be guilty of a class C felony.
However, for any act that constitutes a violation of both
this subsection and subsection (2) of this section the provi-
sions of subsection (2) of this section shall be exclusive.
(2) Every person who:
(a) Makes, possesses, sells, gives, or otherwise transfers
to another a telecommunications device with intent to use it
or with knowledge or reason to believe it is intended to be
used to avoid any lawful telephone or telegraph toll charge
or to conceal the existence or place of origin or destination
of any telephone or telegraph message; or
(b) Sells, gives, or otherwise transfers to another plans
or instructions for making or assembling a telecommunica-
tions device described in subparagraph (a) of this subsection
with knowledge or reason to believe that the plans may be
used to make or assemble such device
shall be guilty of a felony. [1990 c 11 § 2, 1981 c 252 § 1;
1977 ex.s. c 42 § 1; 1974 ex.s. c 160 § 2; 1972 ex.s. c 75 §
1; 1955 c 114 § 1. Formerly RCW 9.45 240.1
9.26A.120 Fraud in operating coin -box telephone or
other receptacle. Any person who shall knowingly and
wilfully operate, or cause to be operated, or who shall
attempt to operate, or attempt to cause to be operated, [any]
coin -box telephone or other receptacle designed to receive
lawful coin of the United States of America in connection
with the sale, use or enjoyment of property or service, by
means of a slug or any false, counterfeited, mutilated,
sweated or foreign coin, or by any means, method, trick or
device whatsoever not lawfully authorized by the owner,
lessee, or licensee of such machine, coin -box telephone or
=0
other receptacle designed to receive lawful coin of the
United States of America in connection with the sale, use or
enjoyment of property or service, any goods, wares, mer-
chandise, gas, electric current, article of value, or the use or
enjoyment of any telephone or telegraph facilities or service
without depositing in and surrendering to such machine,
coin -box telephone or receptacle lawful coin of the United
States of America to the amount required therefor by the
owner, lessee or licensee of such machine, coin -box tele-
phone or receptacle, shall be guilty of a misdemeanor.
[ 1929 c 184 § 1; RRS § 5842-1. Formerly RCW 9.45.180.]
9.26A.130 Penalty for manufacture or sale of slugs
to be used for coin. Any person who, with intent to cheat
or defraud the owner, lessee, licensee or other person entitled
to the contents of any coin -box telephone or other receptacle,
depository or contrivance, designed to receive lawful coin of
the United States of America in connection with the sale, use
or enjoyment of property or service, or who, knowing or
having cause to believe, that the same is intended for
unlawful use, shall manufacture for sale, or sell or give away
any slug, device, or substance whatsoever intended or
calculated to be placed or deposited in any coin -box tele-
phone or other such receptacle, depository or contrivance,
shall be guilty of a misdemeanor. [1929 c 184 § 2; RRS §
5842-2. Formerly RCW 9.45.190.]
9.27.015 Interference, obstruction of any court,
building, or residence—Violations. Whoever, interfering
with, obstructing, or impeding the administration of justice,
pickets or parades in or near a building housing a court of
the state of Washington or any political subdivision thereof,
or in or near a building or residence occupied or used by
such judge, juror, witness, or court officer, or uses any
sound -truck or similar device or resorts to any other demon-
stration in or near any such building or residence, shall be
guilty of a gross misdemeanor.
Nothing in this section shall ;nterfere with or prevent
the exercise by any court of the state of Washington or any
political subdivision thereof of its power to punish for
contempt. [1971 ex.s. c 302 § 16.]
9.38.010 False representation concerning credit.
Every person who, with intent thereby to obtain credit or
financial rating, shall wilfully make any false statement in
writing of his assets or liabilities to any person with whom
he may be either actually or prospectively engaged in any
business transaction or to any commercial agency or other
person engaged in the business of collecting or disseminating
information concerning financial or commercial ratings, shall
be guilty of a misdemeanor. [1909 c 249 § 368; RRS §
2620.]
9.38.015 False statement by deposit account appli-
cant. (1) It is a gross misdemeanor for a deposit account
applicant to knowingly make any false statement to a fi-
nancial institution regarding:
(a) The applicant's identity;
(b) Past convictions for crimes involving fraud or decep-
tion; or
(c) Outstanding judgments on checks or drafts issued by
the applicant.
(2) Each violation of subsection (1) of this section after
the third violation is a class C felony punishable as provided
in chapter 9A.20 RCW. [1995 c 186 § 4.]
2se
9.38.020 False representation concerning title.
Every person who shall maliciously or fraudulently execute
or file for record any instrument, or put forward any claim,
by which the right or title of another to any real property is,
or purports to be transferred, encumbered or clouded, shall
be guilty of a gross misdemeanor. [1909 c 249 § 369; RRS
§ 2621.]
9.40.100 Tampering with fire alarm or fire fighting
equipment—False alarm—Penalties. (1) Any person who
willfully and without cause tampers with, molests, injures or
breaks any public or private fire alarm apparatus, emergency
phone, radio, or other wire or signal, or any fire fighting
equipment, or who willfully and without having reasonable
grounds for believing a fire exists, sends, gives, transmits, or
sounds any false alarm of fire, by shouting in a public place
or by means of any public or private fire alarm system or
signal, or by telephone, is guilty of a misdemeanor. This
provision shall not prohibit the testing of fire alarm systems
by persons authorized to do so, by a fire department or the
chief of the Washington state patrol, through the director of
fire protection.
(2) Any person who willfully and without cause tampers
with, molests, injures, or breaks any public or private fire
alarm apparatus, emergency phone, radio, or other wire or
signal, or any fire fighting equipment with the intent to
commit arson, is guilty of a felony. [1995 c 369 § 3; 1990
c 177 § 1, 1986 c 266 § 80; 1967 c 204 § 1 ]
9.41.010 Terms defined. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Firearm" means a weapon or device from which a
projectile or projectiles may be fired by an explosive such as
gunpowder.
(2) "Pistol" means any firearm with a barrel less than
sixteen inches in length, or is designed to be held and fired
by the use of a single hand.
(3) "Rifle" means a weapon designed or redesigned,
made or remade, and intended to be fired from the shoulder
and designed or redesigned, made or re*- )e_, and intended
to use the energy of the explosive in a fixed metallic car-
tridge to fire only a single projectile through a rifled bore for
each single pull of the trigger.
(4) "Short -barreled rifle" means a rifle having one or
more barrels less than sixteen inches in length and any
weapon made from a rifle by any means of modification if
such modified weapon has an overall length of less than
twenty-six inches.
(5) "Shotgun" means a weapon with one or more
barrels, designed or redesigned, made or remade, and
intended to be fired from the shoulder and designed or rede-
signed, made or remade, and intended to use the energy of
the explosive in a fixed shotgun shell to fire through a
smooth bore either a number of ball shot or a single projec-
tile for each single pull of the trigger.
(6) "Short -barreled shotgun" means a shotgun having
one or more barrels less than eighteen inches in length and
any weapon made from a shotgun by any means of modifi-
cation if such modified weapon has an overall length of less
than twenty-six inches.
(7) "Machine gun" means any firearm known as a
machine gun, mechanical rifle, submachine gun, or any other
mechanism or instrument not requiring that the trigger be
pressed for each shot and having a reservoir clip, disc, drum,
belt, or other separable mechanical device for storing,
carrying, or supplying ammunition which can be loaded into
the firearm, mechanism, or instrument, and fired therefrom
at the rate of five or more shots per second.
(8) "Antique firearm" means a firearm or replica of a
firearm not designed or redesigned for using rim fire or
conventional center ire ignition with fixed ammunition and
manufactured in or before 1898, including any matchlock,
flintlock, percussion cap, or similar type of ignition system
and also any firearm using fixed ammunition manufactured
in or before 1898, for which ammunition is no longer
manufactured in the United States and is not readily avail-
able in the ordinary channels of commercial trade.
(9) "Loaded" means:
(a) There is a cartridge in the chamber of the firearm;
(b) Cartridges are in a clip that is locked in place in the
firearm;
(c) There is a cartridge in the cylinder of the firearm, if
the firearm is a revolver;
(d) There is a cartridge in the tube or magazine that is
inserted in the action; or
(e) There is a ball in the barrel and the firearm is
capped or primed if the firearm is a muzzle loader.
(10) "Dealer" means a person engaged in the business
of selling firearms at wholesale or retail who has, or is
required to have, a federal firearms license under 18 U.S.C.
Sec. 923(a). A person who does not have, and is not
required to have, a federal firearms license under 18 U.S.C.
Sec. 923(a), is not a dealer if that person makes only
occasional sales, exchanges, or purchases of firearms for the
enhancement of a personal collection or for a hobby, or sells
all or part of his or her personal collection of firearms.
(11) "Crime of violence" means:
(a) Any of the following felonies, as now existing or
hereafter amended: Any felony defined under any law as a
class A felony or an attempt to commit a class A felony,
criminal solicitation of or criminal conspiracy to commit a
class A felony, manslaughter in the first degree, manslaugh-
ter in the second degree, indecent liberties if committed by
forcible compulsion, kidnapping in the second degree, arson
in the second degree, assault in the second degree, assault of
a child in the second degree, extortion in the first degree,
burglary in the second degree, residential burglary, and
robbery in the second degree;
(b) Any conviction for a felony offense in effect at any
time prior to June 6, 1996, which is comparable to a felony
classified as a crime of violence in (a) of this subsection;
and
(c) Any federal or out-of-state conviction for an offense
comparable to a felony classified as a crime of violence
under (a) or (b) of this subsection.
(12) "Serious offense" means any of the following
felonies or a felony attempt to commit any of the following
felonies. as now existing or hereafter amended:
(a) Any crime of violence;
(b) Any felony violation of the uniform controlled
substances act, chapter 69.50 RCW, that is classified as a
class B felony or that has a maximum term of imprisonment
of at least ten years;
(c) Child molestation in the second degree;
(d) Incest when committed against a child under age
fourteen;
(e) Indecent liberties,
(f) Leading organized crime;
(g) Promoting prostitution in the first degree;
(h) Rape in the third degree;
(i) Reckless endangerment in the first degree;
0) Sexual exploitation:
(k) Vehicular assault;
(1) Vehicular homicide, when proximately caused by the
driving of any vehicle by any person while under the
influence of intoxicating liquor or any drug as defined by
RCW 46.61.502, or by the operation of any vehicle in a
reckless manner;
(m) Any other class B felony offense with a finding of
sexual motivation, as "sexual motivation" is defined under
RCW 9.94A.030;
(n) Any other felony with a deadly weapon verdict
under RCW 9.94A.125; or
(o) Any felony offense in effect at any time prior to
June 6, 1996, that is comparable to a serious offense, or any
federal or out-of-state conviction for an offense that under
the laws of this state would be a felony classified as a
serious offense.
(13) "Law enforcement officer' includes a general
authority Washington peace officer as defined in RCW
10.93.020, or a specially commissioned Washington peace
officer as defined in RCW 10.93.020. "Law enforcement
officer" also includes a limited authority Washington peace
officer as defined in RCW 10.93.020 if such officer is duly
authorized by his or her employer to carry a concealed
pistol
(14) "Felony" means any felony offense under the laws
of this state or any federal or out-of-state offense comparable
to a felony offense under the laws of this state.
(15) "Sell" refers to the actual approval of the delivery
of a firearm in consideration of payment or promise of
payment of a certain price in money.
(16) "Barrel length" means the distance from the bolt
face of a closed action down the length of the axis of the
bore to the crown of the muzzle, or in the case of a barrel
with attachments to the end of any legal device permanently
attached to the end of the muzzle.
(17) "Family or household member" means "family" or
"household member" as used in RCW 10.99.020. [1996 c
295 § 1. Prior: 1994 sp s. c 7 § 401; 1994 c 121 § 1; prior:
1992 c 205 § 117; 1992 c 145 § 5; 1983 c 232 § 1; 1971
ex.s. c 302 § 1; 1961 c 124 § 1; 1935 c 172 § 1; RRS §
2516-1.1
9.41.050 Carrying firearms. (1)(a) Except in the
person's place of abode or fixed place of business, a person
shall not carry a pistol concealed on his or her person
without a license to carry a concealed pistol
(b) Every licensee shall have his or her concealed pistol
license in his or her immediate possession at all times that
he or she is required by this section to have a concealed
pistol license and shall display the same upon demand to any
police officer or to any other person when and if required by
law to do so. Any violation of this subsection (1)(b) shall
be a class 1 civil infraction under chapter *7 84 RCW and
shall be punished accordingiv pursuant to chapter *7.84
RCW and the infraction rules for courts of limited jurisdic-
tion.
(2) A person shall not carry or place a loaded pistol in
any vehicle unless the person has a license to carry a
(04
concealed pistol and: (a) The pistol is on the licensee's
person, (b) the licensee is within the vehicle at all times that
the pistol is there, or (c) the licensee is away from the vehi-
cle and the pistol is locked within the vehicle and concealed
from view from outside the vehicle.
(3) A person at least eighteen years of age who is in
possession of an unloaded pistol shall not leave the unloaded
pistol in a vehicle unless the unloaded pistol is locked within
the vehicle and concealed from view from outside the
vehicle.
(4) Except as otherwise provided in this chapter. no
person may carry a firearm unless it is unloaded and
enclosed in an opaque case or secure wrapper or the person
is:
(a) Licensed under RCW 9.41.070 to carry a concealed
pistol;
(b) In attendance at a hunter's safety course or a fire-
arms safety course;
(c) Engaging in practice in the use of a firearm or target
shooting at an established range authorized by the governing
body of the jurisdiction in which such range is located or
any other area where the discharge of a�firearm is not
prohibited:
(d) Engaging in an organized competition involving the
use of a firearm. or participating in or practicing for a
performance by an organized group that uses firearms as a
part of the performance;
(e) Engaging in a lawful outdoor recreational activity
such as huntin_, fishing, camping, hiking, or horseback
riding. only if, considering all of the attendant circumstances.
including but not limited to whether the person has a valid
hunting or fishing license, it is reasonable to conclude that
the person is participating in lawful outdoor activities or is
traveling to or from a legtttmate outdoor recreation area.
(f) In an area where the discharge of a firearm is
permitted. and is not trespassing;
(g) Traveling with any unloaded firearm in the person's
possession to or from any activity described in (b). (c). (d).
(e), or (f) of this subsection, except as provided in (h) of this
subsection.
(h) Traveling in a motor vehicle with a firearm. other
than a pistol, that is unloaded and locked in the trunk or
other compartment of the vehicle, placed in a gun rack, or
otherwise secured in place in a vehicle, provided that this
subsection (4)(h) does not apply to motor homes if the
firearms are not within the driver's compartment of the
motor home while the vehicle is in operation. Notwithstand-
ing (a) of this subsection, and subject to federal and state
park regulations regarding firearm possession therein, a
motor home shall be considered a residence when parked at
a recreational park. campground, or other temporary residen-
tial setting for the purposes of enforcement of this chapter:
(i) On real property under the control of the person or
a relative of the person;
(j) At his or her residence;
(k) Is a member of the armed forces of the United
States, national guard. or organized reserves, when on duty,
(1) Is a law entorcement officer;
(m) Carrying a firearm from or to a vehicle for the
purpose of taking or removing the firearm to or from a place
of business for repair, or
(n) An armed private securtty guard or armed private
detective licensed by the department of licensing, while on
duty or enroute to and from employment
�1 �
(5) Violation of any of tate prohibitions of subsections
(2) through (4) of this section is a misdemeanor
(6) Nothing in this section permits the possession of
firearms illegal to possess under state or federal law.
(7) Any city, town, or county may enact an ordinance
to exempt itself from the prohibition of subsection (4) of this
section [ 1996 c 295 § 4; 1994 sp.s. c 7 § 405; 1982 1 st
ex.s. c 47 § 3; 1961 c 124 § 4; 1935 c 172 § 5; RRS §
2516-5.1
9.41.060 Exceptions to restrictions on carrying
firearms. The provisions of RCW 9.41.050 shall not apply
to.
(1) Marshals, sheriffs. prison or jail wardens or their
deputies, or other law enforcement officers;
(2) Members of the armed forces of the United States or
of the national guard or organized reserves, when on duty:
(3) Officers or employees of the United States duly
authorized to cam, a concealed pistol,
(4) Any person engaged in the business of manufactur-
ing, repairing, or dealing in firearms, or the agent or repre-
sentative of the person, if possessing, using, or carrying a
pistol in the usual or ordinary course of the business,
(5) Regularly enrolled members of anv organization
duly authorized to purchase or receive pistols from the
United States or from this state;
(6) Regularly enrolled members of clubs organized for
the purpose of target shooting, when those members are at
or are going to or from their places of target practice;
(7) Regularly enrolled members of clubs organized for
the purpose of modern and antique firearm collecting, when
those members are at or are going to or from their
collector's gun shows and exhibits:
(8) Any person engaging in a lawful outdoor recreation-
al activity such as hunting, fishing, camping, hiking, or
horseback riding, only if, considering all of the attendant
circumstances, including but not limited to whether the
person has a valid hunting or fishing license. it is reasonable
to conclude that the person is participating in lawful outdoor
actr�ities or is traveling to or from a legitimate outdoor
recreation area,
(9) Any person while carrying a pistol unloaded and in
a closed opaque case or secure wrapper: or
(10) Law enforcement officers retired for service or
physical disabilities, except for those law enforcement
officers retired because of mental or stress-related disabili-
ties This subsection applies only to a retired officer who
has (a) Obtained documentation from a law enforcement
agency within Washington state from which he or she retired
that is signed by the agency's chief law enforcement officer
.ind that states that the retired officer was retired for service
or physical disability, and (b) not been convicted of a crime
making him or her ineligible for a concealed pistol license.
[ 1996 c 295 § 5, 1995 c 392 § 1; 1994 sp.s. c 7 § 406: 1961
c 12.3§5, 1935c 172§6: RRS §2516-6]
9.41.140 Alteration of identifying marks—
Exceptions. No person may change, alter, remove, or
obliterate the name of the maker, model, manufacturer's
number, or other mark of identification on any firearm.
Possession of any firearm upon which any such mark shall
have been changed, altered, removed, or obliterated, shall be
prima facie evidence that the possessor has changed, altered,
removed, or obliterated the same. This section shall not
apply to replacement barrels in old firearms, which barrels
are produced by current manufacturers and therefor do not
have the markings on the barrels of the original manufactur-
ers who are no longer in business. This section also shall
not apply if the changes do not make the firearm illegal for
the person to possess under state or federal law. [1994 sp.s.
c 7 § 419; 1961 c 124 § 10; 1935 c 172 § 14; RRS § 2516-
14.1
9.41.230 Aiming or discharging firearms, dangerous
weapons. (1) For conduct not amounting to a violation of
chapter 9A 36 RCW, any person who:
(a) Aims any firearm, whether loaded or not, at or
towards any human being;
(b) Willfully discharges any firearm, air gun, or other
weapon, or throws any deadly missile in a public place, or
in any place where any person might be endangered thereby.
A public place shall not include any location at which fire-
arms are authorized to be lawfully discharged; or
(c) Except as provided in RCW 9.41.185, sets a so-
called trap, spnng pistol, rifle, or other dangerous weapon,
although no injury results, is guilty of a gross misdemeanor
punishable under chapter 9A.20 RCW
(2) If an injury results from a violation of subsection (1)
of this section, the person violating subsection (1) of this
section shall be subject to the applicable provisions of
chapters 9A.32 and 9A.36 RCW. [1994 sp.s. c 7 § 422;
1909 c 249 § 307; 1888 p 100 §§ 2, 3; RRS § 2559 ]
9.41.240 Possession of pistol by person from
eighteen to twenty-one. Unless an exception under RCW
9 41.042, 9.41.050, or 9.41.060 applies, a person at least
eighteen years of age, but less than twenty-one years of age,
may possess a pistol only:
(1)In the person's place of abode;
(2) At the person's fixed place of business; or
(3) On real property under his or her control. [1994
sp.s. c 7 § 423; 1971 c 34 § 1, 1909 c 249 § 308; 1883 p 67
§ 1; RRS § 2560.]
9.41.250 Dangerous weapons—Penalty. Every
person who:
(1) Manufactures,_ sells, or disposes of or possesses any
instrument or weapon of the kind usually known as slung
shot, sand club, or metal knuckles, or spring blade knife, or
anv knife the blade of which is automatically released by a
spring mechanism or other mechanical device, or any knife
having a blade which opens, or falls, or is effected into
position by the force of gravity, or by an outward, down-
ward, or centrifugal thrust or movement;
(2) Furtively carries with intent to conceal any dagger,
dirk, pistol, or other dangerous weapon; or
(3) Uses any contrivance or device for suppressing the
noise of any firearm,
is guilty of a gross misdemeanor punishable under chapter
9A.20 RCW. [ 1994 sp.s. c 7 § 424; 1959 c 143 § 1; 1957
c 93 § 1; 1909 c 249 § 265; 1886 p 81 § 1, Code 1881 §
929; RRS § 2517 ]
—7 of 5B
9.41.260 Dangerous exhibitions. Every proprietor,
lessee, or occupant of any place of amusement, or any plat
of wound or building, who allows it to be used for the
exhibition of skill in throwing any sharp instrument or in
shooting any bow gun or firearm of any description, at or
toward any human being, is guilty of a misdemeanor
punishable under chapter 9A.20 RCW. [1994 sp.s. c 7 §
425; 1909 c 249 § 283; RRS § 2535.]
9.41.270 Weapons apparently capable of producing
bodily harm—Unlawful carrying or handling—Penalty—
Exceptions. (1) It shall be unlawful for any person to carry,
exhibit, display, or draw any firearm, dagger, sword, knife
or other cutting or stabbing instrument, club, or any other
weapon apparently capable of producing bodily harm, in a
manner, under circumstances, and at a time and place that
either manifests an intent to intimidate another or that
warrants alarm for the safety of other persons.
(2) Any person violating the provisions of subsection (1)
above shall be guilty of a gross misdemeanor. If any person
is convicted of a violation of subsection (1) of this section,
the person shall lose his or her concealed pistol license, if
any. The court shall send notice of the revocation to the
department of licensing, and the city, town, or county which
issued the license.
(3) Subsection (1) of this section shall not apply to or
affect the following:
(a) Any act committed by a person while in his or her
place of abode or fixed place of business;
(b) Any person who by virtue of his or her office or
public employment is vested by law with a duty to preserve
public safety, maintain public order, or to make arrests for
offenses, while in the performance of such duty;
(c) Any person acting for the purpose of protecting
himself or herself against the use of presently threatened
unlawful force by another, or for the purpose of protecting
another against the use of such unlawful force by a third
person;
(d) Any person making or assisting in making a lawful
arrest for the commission of a felony; or
(e) Any person engaged in military activities sponsored
by the federal or state governments. [1994 sp.s. c 7 § 426;
1969c8§1.]
9.41.280 Possessing dangerous weapons on school
facilities—Penalty—Exceptions. (1) It is unlawful for a
person to carry onto, or to possess on, public or private
elementary or secondary school premises, school -provided
transportation, or areas of facilities while being used exclu-
sively by public or private schools.
(a) Anv firearm;
(b) Any other dangerous weapon as defined in RCW
9 41.250;
(c) Any device commonly known as "nun-chu-ka
sticks", consisting of two or more lengths of wood, metal,
plastic, or similar substance connected with wire, rope, or
other means;
(d) Any device, commonly known as "throwing stars",
which are multi -pointed, metal objects designed to embed
upon impact from any aspect; or
(e) Any air gun, :ncluding any air pistol or air rifle,
designed to propel a BB, pellet, or other projectile by the
discharge of compressed air, carbon dioxide, or other gas. ,XZ
(2) Any such person violating subsection (1) of this
section is guilty of a gross misdemeanor. If any person is
convicted of a violation of subsection (1)(a) of this section,
the person shall have his or her concealed pistol license, if
any revoked for a period of three years. Anyone convicted
under this subsection is prohibited from applying for a
concealed pistol license for a period of three years. The
court shall send notice of the revocation to the department of
licensing, and the city, town, or county which issued the
license.
Any violation of subsection (1) of this section by
elementary or secondary school students constitutes grounds
for expulsion from the state's public schools in accordance
with RCW 28A.600.010. An appropriate school authority
shall promptly notify law enforcement and the student's
parent or guardian regarding any allegation or indication of
such violation.
(3) Subsection (1) of this section does not apply to:
(a) Any student or employee of a private military
academy when on the property of the academy;
(b) Any person engaged in military, law enforcement, or
school district security activities;
(c) Any person who is involved in a convention,
showing, demonstration, lecture, or firearms safety course
authorized by school authorities in which the firearms of
collectors or instructors are handled or displayed;
(d) Any person while the person is participating in a
firearms or air gun competition approved by the school or
school district;
(e) Any person in possession of a pistol who has been
issued a license under RCW 9.41.070, or is exempt from the
licensing requirement by RCW 9.41.060, while picking up or
dropping off a student.
(f) Anv nonstudent at least eighteen years of age legally
in possession of a firearm or dangerous weapon that is
secured within an attended vehicle or concealed from view
within a locked unattended vehicle while conducting legiti-
mate business at the school,
(g) Any nonstudent at least eighteen years of age who
is in lawful possession of an unloaded firearm, secured in a
vehicle while conducting legitimate business at the school;
or
(h) Anv law enforcement officer of the federal, state, or
local government agency.
(4) Subsections (1)(c) and (d) of this section do not
apply to any person who possesses nun-chu-ka sticks,
throwing stars, or other dangerous weapons to be used in
martial arts classes authorized to be conducted on the school
premises.
(5) Except as provided in subsection (3)(b), (c), (f), and
(h) of this section, firearms are not permitted in a public or
private school building.
(6) "GUN -FREE ZONE" signs shall be posted around
school facilities giving warning of the prohibition of the
possession of firearms on school grounds. [1996 c 295 § 13;
1995 c 87 § 1; 1994 sp.s. c 7 § 427; 1993 c 347 § 1; 1989
c 219 § 1; 1982 1st ex.s. c 47 § 4.]
9.41.300 Weapons prabibite& in certain places—
Local laws and ordinances—Exceptions—Penalty. (1) It
is unlawful for any person to enter the following places
when he or she knowingly possesses or knowingly has under
his or her control a weapon:
(a) The restricted access areas of a jail, or of a law en-
forcement facility, or any place used for the confinement of
a person (i) arrested for, charged with, or convicted of an
offense, (ii) held for extradition or as a material witness, or
(iii) otherwise confined pursuant to an order of a court,
except an order under chapter 13.32A or 13.34 RCW.
Restricted access areas do not include common areas of
egress or ingress open to the general public;
(b) Those areas in any building which are used in
connection with court proceedings, including courtrooms,
jury rooms, fudge's chambers, offices and areas used to
conduct court business, waiting areas, and corridors adjacent
to areas used in connection with court proceedings. The
restricted areas do not include common areas of ingress and
egress to the building that is used in connection with court
proceedings, when it is possible to protect court areas with-
out restricting ingress and egress to the building. The
restricted areas shall be the minimum necessary to fulfill the
objective of this subsection (1)(b).
In addition, the local legislative authority shall provide
either a stationary locked box sufficient in size for pistols
and key to a weapon owner for weapon storage, or shall
designate an official to receive weapons for safekeeping,
during the owner's visit to restricted areas of the building.
The locked box or designated official shall be located within
the same building used in connection with court proceedings.
The local legislative authority shall be liable for any negli-
gence causing damage to or loss of a weapon either placed
in a locked box or left with an official during the owner's
visit to restricted areas of the building.
The local judicial authority shall designate and clearly
mark those areas where weapons are prohibited, and shall
post notices at each entrance to the building of the prohibi-
tion against weapons in the restricted areas;
(c) The restricted access areas of a public mental health
facility certified by the department of social and health
services for inpatient hospital care and state institutions for
the care of the mentally ill, excluding those facilities solely
for evaluation and treatment. Restricted access areas do not
include common areas of egress and ingress open to the
general public; or
(d) That portion of an establishment classified by the
state liquor control board as off-limits to persons under
twenty-one years of age.
(2) Cities, towns, counties, and other municipalities may
enact laws and ordinances:
(a) Restricting the discharge of firearms in any portion
of their respective jurisdictions where there is a reasonable
likelihood that humans, domestic animals, or property will be
jeopardized. Such laws and ordinances shall not abridge the
right of the individual guaranteed by Article I, section 24 of
the state Constitution to bear arms in defense of self or
others; and
(b) Restricting the possession of firearms in any stadium
or convention center, operated by a city, town, county, or
other municipality, except that such restrictions shall not
apply to:
(i) Any pistol in the poss6nion of a person licensed
under RCW 9.41.070 or exempt from the licensing require-
ment by RCW 9.41.060; or
(ii) Any showing, demonstration, or lecture involving
the exhibition of firearms.
(3)(a) Cities, towns, and counties may enact ordinances
restricting the areas in their respective jurisdictions in which
firearms may be sold, but, except as provided in (b) of this
subsection, a business selling firearms may not be treated
more restrictively than other businesses located within the
same zone. An ordinance requiring the cessation of business
within a zone shall not have a shorter grandfather period for
businesses selling firearms than for any other businesses
within the zone.
(b) Cities, towns, and counties may restrict the location
of a business selling firearms to not less than five hundred
feet from primary or secondary school grounds, if the
business has a storefront, has hours during which it is open
for business, and posts advertisements or signs observable to
passersby that firearms are available for sale. A business
selling firearms that exists as of the date a restriction is
enacted under this subsection (3)(b) shall be grandfathered
according to existing law.
(4) Violations of local ordinances adopted under
subsection (2) of this section must have the same penalty as
provided for by state law.
(5) The perimeter of the premises of any specific
location covered by subsection (1) of this section shall be
posted at reasonable intervals to alert the public as to the
existence of any law restricting the possession of firearms on
the premises.
(6) Subsection (1) of this section does not apply to:
(a) A person engaged in military activities sponsored by
the federal or state governments, while engaged in official
duties;
(b) Law enforcement personnel; or
(c) Security personnel while engaged in official duties.
(7) Subsection (1)(a) of this section does not apply to a
person licensed pursuant to RCW 9.41.070 who, upon
entering the place or facility, directly and promptly proceeds
to the administrator of the facility or the administrator's
designee and obtains written permission to possess the
firearm while on the premises or checks his or her firearm.
The person may reclaim the firearms upon leaving but must
immediately and directly depart from the place or facility.
(8) Subsection (1)(c) of this section does not apply to
any administrator or employee of the facility or to any
person who, upon entering the place or facility, directly and
promptly proceeds to the administrator of the facility or the
administrator's designee and obtains written permission to
possess the firearm while on the premises.
(9) Subsection (1)(d) of this section does not apply to
the proprietor of the premises or his or her employees while
engaged in their employment.
(10) Any person violating subsection (1) of this section
is guilty of a gross misdemeanor.
(11) "Weapon" as used in this section means any
firearm, explosive as defined in RCW 70.74.010, or instru-
ment or weapon listed in RCW 9.41.250. (1994 sp.s. c 7 §
429; 1993 c 396 § 1; 1985 c 428 § 2.1
i
9.45.060 Encumbered, leased, or rented personal
property—Construction. Every person being in possession
thereof, who shall sell, remove, conceal, convert to his own
use, or destroy or connive at or consent to the sale, removal,
conversion, concealment or destruction of any personal
property or any part thereof, upon which a security agree-
ment, mortgage, lien, conditional sales contract, rental
agreement, or lease exists, with intent to hinder, delay, or
defraud the secured party of such security agreement, or the
holder of such mortgage, lien, or conditional sales contract
or the lessor under such lease or rentor of [under] such
rental agreement, or any assignee of such security agreement,
mortgage, lien, conditional sales contract, rental agreement
or lease shall be guilty of a gross misdemeanor.
In any prosecution under this section any allegation
containing a description of the security agreement, mortgage,
lien, conditional sales contract, rental agreement, or lease by
reference to the date thereof and names of the parties
thereto, shall be sufficiently definite and certain.
The provisions of this section shall be cumulative and
nonexclusive and shall not affect any other criminal provi-
sion. [ 1971 c 61 § 1; 1965 ex s. c 109 § 1, 1909 c 249 §
377; RRS § 26291
9.45.062 Failure to deliver leased personal proper-
ty—Requisites for prosecution—Construction. Every
person being in possession thereof who shall wilfully and
without reasonable cause fail to deliver leased personal
property to the lessor within ten days after written notice of
the expiration of the lease has been mailed to the lessee by
registered or certified mail with return receipt requested,
mailed to the last known address of the lessee, shall be
guilty of a gross misdemeanor: PROVIDED, That there
shall be no prosecution under this section unless such lease
is in writing, and contains a warning that failure to promptly
return the leased property may result in a criminal prosecu-
tion, and the notice mailed pursuant to the provisions of this
section shall clearly state that the lessee may be guilty of a
crime upon his failure to return the property to the lessor
within ten days.
In any prosecution under this section, any allegation
containing a description of the lease by reference to the date
thereof and names of the parties shall be sufficiently definite
and certain.
As used in this section, the term "lease" shall also
include rental agreements.
The provisions of this section shall be cumulative and
nonexclusive and shall not affect any other criminal provi-
sion. [1971 c 61 § 2.1
9.45.080 Fraudulent removal of property. Every
person who, with intent to defraud a prior or subsequent
purchaser thereof, or prevent any of his property being made
liable for the payment of any of his debts, or levied upon by
an execution or warrant of attachment, shall remove any of
his property, or secrete, assign, convey or otherwise dispose
of the same, or with intent to defraud a creditor shall
remove, secrete, assign, convey or otherwise dispose of any
of his books or accounts, vouchers or writings in any way
relating to his business affairs, or destroy, obliterate, alter or
erase any of such books of account, accounts, vouchers or
writing or any entry, memorandum or minute therein con-
tained, shall be guilty of a gross misdemeanor. [ 1909 c 249
§ 379; RRS § 2631.]
9.45.090 Knowingly receiving fraudulent convey-
ance. Every person who shall receive any property or
conveyance thereof from another, knowing that the same is
transferred or delivered to him in violation of, or with the
intent to violate RCW 9 45.080, shall be guilty of a rrusde-
meanor. [1909 c 249 § 380; RRS § 2632.)
9.45.100 Fraud in assignment for benefit of credi-
tors. Every person who, having made, or being about to
make, a general assignment of his property to pay his debts,
shall by color or aid of any false or fraudulent representa-
tion, pretense, token or writing induce any creditor to
participate in the benefits of such assignments, or to give
any release or discharge of his claim or any part thereof. or
shall connive at the payment in whole or in part of any false,
fraudulent or fictitious claim, shall be guilty of a gross
misdemeanor. [1909 c 249 § 381; RRS § 2633.]
9.46.196 Cheating. No person participating in a
gambling activity shall in the course of such participation,
directly or indirectly:
(1) Employ or attempt to employ any device, scheme,
or artifice to defraud any other participant or any operator;
(2) Engage in any act, practice, or course of operation
as would operate as a fraud or deceit upon any other
participant or any operator;
(3) Engage in any act, practice, or course of operation
while participating in a gambling activity with the intent of
cheating any other participant or the operator to gain an
advantage in the game over the other participant or operator;
or
(4) Cause, aid, abet, or conspire with another person to
cause any other person to violate subsections (1) through (3)
of this section.
Any person violating this section shall be guilty of a
9.45.070 Mock auctions. Every person who shall
gross misdemeanor subject to the penalty set forth in RCW
9A.20.021. [ 1991 c 261 § 8; 1977 ex.s. c 326 § 13.]
obtain any money or property from another or shall obtain
the signature of another to any writing the false making of
which would be forgery, by color or aid of any false or
9.47A.010 Definition. As used in this chapter, the
"substance
fraudulent sale of property or pretended sale of property by
phrase containing a solvent having the property
of releasing toxic vapors or fumes" shall mean and include
auction, or by any of the practices known as mock auction,
any substance containing one or more of the following
shall be punished by imprisonment in a state correctional
chemical compounds:
facility for not more than five years or in the county jail for
(1) Acetone;
not more than one year, or by a fine of not more than one
(2) e;
thousand dollars, or by both fine and imprisonment.
Benzol or
(3) BBenzol benzene;
Every person who shall buy or sell or pretend to buy or
(4) Butyl acetate;
sell any goods, wares or merchandise, exposed to sale by
(5) Butyl alcohol;
auction, if an actual sale, purchase and change of ownership
(6) Carbon tetrachloride;
therein does not thereupon take place, shall be guilty of a
(7) Chloroform;
misdemeanor. [1992 c 7 § 10; 1909 c 249 § 378; RRS § (g) Cyclohexanone;
2630.1 , p
(9) Ethanol or ethyl alcohol;
(10) Ethyl acetate;
(11) Hexane;
(12) Isopropanol or isopropyl alcohol;
(13) Isopropyl acetate;
(14) Methyl "cellosolve" acetate;
(15) Methyl ethyl ketone;
(16) Methyl isobutyl ketone;
(I7) Toluol or toluene;
(18) Trichloroethylene;
(19) Tricresyl phosphate;
(20) Xylol or xylene; or
(21) Any other solvent, material substance, chemical, or
combination thereof, having the property of releasing toxic
vapors. [1984 c 68 § 1; 1969 ex.s. c 149 § 1.]
9.47A.020 Unlawful inhalation—Exception. It is
unlawful for any person to intentionally smell or inhale the
fumes of any type of substance as defined in RCW
9.47A.010 or to induce any other person to do so, for the
purpose of causing a condition of, or inducing symptoms of
intoxication, elation, euphoria, dizziness, excitement, irratio-
nal behavior, exhilaration, paralysis, stupefaction, or dulling
of the senses of the nervous system, or for the purpose of,
in any manner, changing, distorting, or disturbing the audio,
visual, or mental processes. This section does not apply to
the inhalation of any anesthesia for medical or dental
purposes. [1984 c 68 § 2; 1969 ex.s. c 149 § 2.]
9.47A.030 Possession of certain substances prohibit-
ed, when. No person may, for the purpose of violating
RCW 9.47A.020, use, or possess for the purpose of so using,
any substance containing a solvent having the property of
releasing toxic vapors or fumes. [1984 c 68 § 3; 1969 ex.s.
c 149 § 3.]
9.47A.040 Sale of certain substances prohibited,
when. No person may sell, offer to sell, deliver, or give to
any other person any container of a substance containing a
solvent having the property of releasing toxic vapors or
fumes, if he has knowledge that the product sold, offered for
sale, delivered, or given will be used for the purpose set
forth in RCW 9.47A.020. [1984 c 68 § 4; 1969 ex.s. c 149
§ 4.]
9.47A.050 Penalty. Any person who violates this
chapter shall be guilty of a misdemeanor and, upon convic-
tion thereof, shall be punished by a fine of not more than
one hundred dollars or by imprisonment for not more than
thirty days, or by both. [1969 ex.s. c 149 § 5.]
9.61.230 Telephone harassment. Every person who,
with intent to harass, intimidate, torment or embarrass any
other person, shall make a telephone call to such other
person:
(1) Using any lewd, lascivious, profane, indecent, or
obscene words or language, or suggesting the commission of
any lewd or lascivious act; or
(2) Anonymously or repeatedly or at an extremely
inconvenient hour, whether or not conversation ensues; or
(3) Threatening to inflict injury on the person or
property of the person called or any member of his or her
family or household;
shall be guilty of a gross misdemeanor, except that the
person is guilty of a class C felohy if either of the following
applies:
(a) That person has previously been convicted of any
crime of harassment, as defined in RCW 9A 46.060, with the
same victim or member of the victim's family or household
or any person specifically named in a no -contact or no -
harassment order in this or any other state; or
(b) That person harasses another person under subsec-
tion (3) of this section by threatening to kill the person
threatened or any other person. [1992 c 186 § 6; 1985 c 288
§ 11; 1967 c 16 § 1.1
9.61.240 Telephone harassment—Permitting
telephone to be used. Any person who knowingly pernuts
any telephone under his control to be used for any purpose
prohibited by RCW 9.61.230 shall be guilty of a misdemean-
or. [ 1967 c 16 § 2.]
9.61.250 Telephone harassment—Offense, where
deemed committed. Any offense committed by use of a
telephone as set forth in RCW 9.61.230 may be deemed to
have been committed either at the place from which the
telephone call or calls were made or at the place where the
telephone call or calls were received. [1967 c 16 § 3.]
9.62.010 Malicious prosecution. Every person who
shall, maliciously and without probable cause therefor, cause
or attempt to cause another to be arrested or proceeded
against for any crime of which he or she is innocent:
(1) If such crime be a felony, shall be punished by
imprisonment in a state correctional facility for not more
than five years; and
(2) If such crime be a gross misdemeanor or misde-
meanor, shall be guilty of a misdemeanor. [1992 c 7 § 15;
1909 c 249 § 117; Code 1881 § 899; 1873 p 203 § 98; 1854
p 92 § 89; RRS § 2369.]
9.66.010 Public nuisance. A public nuisance is a
crime against the order and economy of the state. Every
place
(1) Wherein any fighting between people or animals or
birds shall be conducted; or,
(2) Wherein any intoxicating liquors are kept for
unlawful use, sale or distribution; or,
(3) Where vagrants resort; and
Every act unlawfully done and every omission to
perform a duty, which act or omission
(1) Shall annoy, injure or endanger the safety, health,
comfort, or repose of any considerable number of persons;
or,
(2) Shall offend public decency; or,
(3) Shall unlawfully interfere with, befoul, obstruct, or
tend to obstruct, or render dangerous for passage, a lake,
navigable river, bay, stream, canal or basin, or a public park,
square, street, alley, highway, or municipal transit vehicle or
station; or,
(4) Shall in any way render a considerable number of
persons insecure in life or the use of property;
Shall be a public nuisance. [1994 c 45 § 3; 1971 ex.s.
c 280 § 22; 1909 c 249 § 248; 1895 c 14 § 1; Code 1881 §
1246; RRS § 2500.]
9.66.030 Maintaining or permitting nuisance. Every
person who shall commit or maintain a public nuisance, for
which no special punishment is prescribed; or who shall
wilfully omit or refuse to perform any legal duty relating to
the removal of such nuisance; and every person who shall
let, or permit to be used, any building or boat, or portion
thereof, knowing that it is intended to be, or is being used,
for committing or maintaining any such nuisance, shall be
guilty of a misdemeanor. [1909 c 249 § 250, Code 1881 §
1248; 1875 p 81 § 14; RRS § 2502.]
9.66.050 Deposit of unwholesome substance. Every
person who shall deposit, leave or keep, on or near a
highway or route of public travel, on land or water, any un-
wholesome substance; or who shall establish, maintain or
carry on, upon or near a highway or route of public travel,
on land or water, any business, trade or -manufacture which
is noisome or detrimental to the public health; or who shall
deposit or cast into any lake, creek or river, wholly or partly
in this state, the offal from or the dead body of any animal,
shall be guilty of a gross misdemeanor. [1909 c 249 § 285;
RRS § 2537.1
9.68.130 "Sexually explicit material"—Defined--
Unlawful display. (1) A person is guilty of unlawful
display of sexually explicit material if he knowingly exhibits
such material on a viewing screen so that the sexually
explicit material is easily visible from a public thoroughfare,
park or playground or from one or more family dwelling
units.
(2) "Sexually explicit material" as that term is used in
this section means any pictorial material displaying direct
physical stimulation of unclothed genitals, masturbation,
sodomy (i.e. bestiality or oral or anal intercourse), flagella-
tion or torture in the context of a sexual relationship, or
emphasizing the depiction of adult human genitals: PRO-
VIDED HOWEVER, That works of art or of anthropological
significance shall not be deemed to be within the foregoing
definition.
(3) Any person who violates subsection (1) of this
section shall be guilty of a misdemeanor. [1975 1st ex.s. c
156 § 1.]
9.68A.011 Definitions. Unless the context clearly
indicates otherwise, the definitions in this section apply
throughout this chapter.
(1) To "photograph" means to make a print, negative,
slide, motion picture, or videotape. A "photograph" means
any tangible item produced by photographing
(2) "Visual or printed matter" means any photograph or
other material that contains a reproduction of a photograph.
(3) "Sexually explicit conduct" means actual or simulat-
ed:
(a) Sexual intercourse, including genital -genital, oral -
genital, anal -genital, or oral -anal, whether between persons
of the same or opposite sex or between humans and animals;
(b) Penetration of the vagina or rectum by any object;
(c) Masturbation;
(d) Sadomasochistic abuse for the purpose of sexual
stimulation of the viewer;
(e) Exhibition of the genitals or unclothed pubic or
rectal areas of any minor, or the unclothed breast of a female
minor, for the purpose of sexual stimulation of the viewer;
(f) Defecation or urination for the purpose of sexual
stimulation of the viewer; and
(g) Touching of a person's clothed or unclothed genitals,
pubic area, buttocks, or breast area for the purpose of sexual
stimulation of the viewer.
(4) "Minor" means any person under eighteen years of
age.
(5) "Live performance" means any play, show, skit,
dance, or other exhibition performed or presented to or
before an audience of one or more, with or without con-
sideration. [1989 c 32 § 1; 1984 c 262 § 2.1
9.68A.080 Processors of depictions of minor en-
gaged in sexually explicit conduct—Report required. A
person who, in the course of processing or producing visual
or printed matter either privately or commercially, has
reasonable cause to believe that the visual or printed matter
submitted for processing or producing depicts a minor
engaged in sexually explicit conduct shall immediately report
such incident, or cause a report to be made, to the proper
law enforcement agency. Persons failing to do so are guilty
of a gross misdemeanor. [1989 c 32 § 6; 1984 c 262 § 7.1
9.68A.090 Communication with minor for immoral
purposes. A person who communicates with a minor for
immoral purposes is guilty of a gross misdemeanor, unless
that person has previously been convicted under this section
or of a felony sexual offense under chapter 9 68A, 9A.44, or
9A.64 RCW or of any other felony sexual offense in this or
any other state, in which case the person is guilty of a class
C felony punishable under chapter 9A.20 RCW. [1989 c 32
§ 7, 1986 c 319 § 2; 1984 c 262 § 8.]
9.68A.110 Certain defenses barred, permitted. (1)
In a prosecution under RCW 9.68A.040, it is not a defense
that the defendant was involved ,n activities of law enforce-
ment and prosecution agencies in the investigation and pros-
ecution of criminal offenses. Law enforcement and prosecu-
tion agencies shall not employ minors to aid in the investiga-
tion of a violation of RCW 9.68A.090 or 9.68A.100. This
chapter does not apply to lawful conduct between spouses.
(2) In a prosecution under RCW 9.68A.050, 9.63A.060,
9.68A.070, or 9.68A.080, it is not a defense that the defen-
dant did not know the age of the child depicted in the visual
or printed matter: PROVIDED, That it is a defense, which
the defendant must prove by a preponderance of the evi-
dence, that at the time of the offense the defendant was not
in possession of any facts on the basis of which he or she
should reasonably have known that the person depicted was
a minor
(3) In a prosecution under RCW 9.68A.040 or
9 68A.090, it is not a defense that the defendant did not
know the alleged victim's age: PROVIDED, That it is a
defense, which the defendant must prove by a preponderance
of the evidence, that at the time of the offense, the defendant
made a reasonable bona fide attempt to ascertain the true age
of the minor by requiring production of a driver's license,
marriage license, birth certificate, or other governmental or
educational identification card or paper and did not rely
solely on the oral allegations or apparent age of the minor.
(4) In a prosecution under RCW 9.68A.050, 9 68A.060,
or 9.68A.070, it shall be an affirmative defense that the
defendant was a law enforcement officer in the process of
conducting an official investigation of a sex-related crime
against a minor, or that the defendant was pioviding individ-
ual case treatment as a recognized medical facility or as a
psychiatrist or psychologist licensed under Title 18 RCW
(5) In a prosecution under RCW 9.68A.050, 9.68A.060,
or 9.68A.070, the state is not required to establish the
identity of the alleged victim [1992 c 178 § 1; 1989 c 32
§ 9; 1986 c 319 § 3; 1984 c 262 § 10.]
9.68A.150 Allowing minor on premises of live erotic
performance. No person may knowingly allow a minor to
be on the premises of a commercial establishment open to
the public if there is a live performance containing matter
which is erotic material. [1987 c 396 § 2.]
9.68A.160 Penalty. Any person who is convicted of
violating any provision of RCW 9.68A.150 is guilty of a
gross misdemeanor. [1987 c 396 § 3.]
9.73.020 Opening sealed letter. Every person who
shall wilfully open or read, or cause to be opened or read,
any sealed message, letter or telegram intended for another
person, or publish the whole or any portion of such a
message, letter or telegram, knowing it to have been opened
or read without authority, shall be guilty of a misdemeanor.
[ 1909 c 249 § 411; RRS § 2663.]
9.73.030 Intercepting, recording or divulging
private communication—Consent required—Exceptions.
(1) Except as otherwise provided in this chapter, it shall be
unlawful for any individual, partnership, corporation, asso-
ciation, or the state of Washington, its agencies, and political
subdivisions to intercept, or record any,
(a) Private communication transmitted by telephone,
telegraph, radio, or other device between two or more
individuals between points within or without the state by any
device electronic or otherwise designed to record and/or
transmit said communication regardless 'row such device is
powered or actuated, without first obtaining the consent of
all the participants in the communication;
(b) Private conversation, by any device electronic or
otherwise designed to record or transmit such conversation
regardless how the device is powered or actuated without
first obtaining the consent of all the persons engaged in the
conversation
(2) Notwithstanding subsection (1) of this section, wire
communications or conversations (a) of an emergency
nature, such as the reporting of a fine, medical emeicency,
crime, or disaster, or (b) which convey threats of extortion,
blackmail, bodily harm, or other unlawful requests or
demands, or (c) which occur anonymously or repeatedly or
at an extremely inconvenient hour, or (d) which relate to
communications by a hostage holder or barricaded person as
defined in RCW 70.85.100, whether or not conversation
ensues, may be recorded with the consent of one party to the
conversation.
(3) Where consent by all parties is needed pursuant to
this chapter, consent shall be considered obtained whenever
one party has announced to all other parties engaged in the
communication or conversation, in any reasonably effective
manner, that such communication or conversation is about to
be recorded or transmitted. PROVIDED, That if the
conversation is to be recorded that said announcement shall
also be recorded. k-5 4
(4) An employee of any regularly published newspaper,
magazine, wire service, radio station, or television station
acting in the course of bona fide news gathering duties on a
full time or contractual or part time basis, shall be deemed
to have consent to record and divulge communications or
conversations otherwise prohibited by this chapter if the
consent is expressly given or if the recording or transmitting
device is readily apparent or obvious to the speakers.
Withdrawal of the consent after the communication has been
made shall not prohibit any such employee of a newspaper,
magazine, wire service, or radio or television station from
divulging the communication or conversation [1986 c 38 §
1; 1985 c 260 § 2; 1977 ex.s. c 363 § 1; 1967 ex.s. c 93 §
1.]
9.73.070 Persoas and activities excepted from
chapter. (1) The provisions of diis chapter shall not apply
to any activity in connection wiih services provided by a
common carrier pursuant to its tariffs on file with the
Washington utilities and transportation commission or the
i ederal Communication Commission and any activity of any
officer, agent or employee of a common carrier who per-
forms any act otherwise prohibited by this law in the
construction, maintenance, repair and operations of the
common carrier's communications services, facilities, or
equipment or incident to the use of such services, facilities
or equipment. Common carver as used in this section means
any person engaged as a common carrier or public service
company for hire in intrastate, interstate or foreign communi-
cation by wire or radio or in intrastate, interstate or foreign
radio transmission of energy.
(2) The provisions of this chapter shall not apply to:
(a) Any common carrier automatic number, caller, or
location identification service that has been approved by the
Washington utilities and transportation commission; or
(b) A 911 or enhanced 911 emergency service as
defined in RCW 82.14B.020, for purposes of aiding public
health or public safety agencies to respond to calls placed for
emergency assistance. [1994 c 49 § 1. Prior: 1991 c 329
§ 8; 1991 c 312 § 1; 1967 ex.s. c 93 § 5.1
9.73.080 Intercepting, recording, or divulging
private communication—Penalty. Except as otherwise
provided in this chapter, any person who violates RCW
9.73.030 is guilty of a gross misdemeanor. [1989 c 271 §
209; 1967 ex.s. c 93 § 6.]
9.73.090 Certain emergency response personnel
exempted from RCW 9.73.030 through 9.73.080—
Standards—Court authorizations --Admissibility. (1) The
provisions of RCW 9.73.030 through 9.73.080 shall not
apply to police, fire, emergency medical service, emergency
communication center, and poison center personnel in the
following instances:
(a) Recording incoming telephone calls to police and
fire stations, licensed emergency medical service providers,
emergency communication centers, and poison centers;
(b) Video and/or sound recordings may be made of
arrested persons by police officers responsible for making
arrests or holding persons in custody before their first
appearance in court. Such video and/or sound recordings
shall conform strictly to the following:
M
(i) The arrested person, shall be informed that such
recording is being made and the statement so informing him
shall be included in the recording;
(ii) The recording shall commence with an indication of
the time of the beginning thereof and terminate with an
indication of the time thereof;
(iii) At the commencement of the recording the arrested
person shall be fully informed of his constitutional rights,
and such statements informing him shall be included in the
recording;
(iv) The recordings shall only be used for valid police
or court activities.
(2) It shall not he unlawful for a law enforcement
officer acting in the performance of the officer's official
duties to intercept, rec ;rd, or disclose an oral communication
or conversation where the officer is a party to the com-
munication or coiiversation or one of the parties to the
communication or conversation has given prior consent to
the interception, recording, or disclosure: PROVIDED, That
prior to the interception, transmission, or recording the
officer shall obtain written or telephonic authorization from
a judge or magistrate, who shall approve the interception,
recording, or disclosure of communications or conversations
with a nonconsenting party for a reasonable and specified
period of time, if there is probable cause to believe that the
nonconsenting party has committed, is engaged in, or is
about to commit a felony: PROVIDED HOWEVER, That
if such authorization is given by telephone the authorization
and officer's statement justifying such authorization must be
electronically recorded by the judge or magistrate on a
recording device in the custody of the judge or magistrate at
the time transmitted and the recording shall be retained in
the court records and reduced to writing as soon as possible
thereafter.
Any recording or interception of a communication or
conversation incident to a lawfully recorded or intercepted
communication or conversation pursuant to this subsection
shall be lawful and may be divulged.
All recordings of communications or conversations
made pursuant to this subsection shall be retained for as long
as any crime may be charged based on the events or commu-
nications or conversations recorded.
(3) Communications or conversations authorized to be
intercepted, recorded, or disclosed by this section shall not
be inadmissible under RCW 9 73.050.
(4) Authorizations issued under subsection (2) of this
section shall be effective for not more than seven days, after
which period the issuing authority may renew or continue
the authorization for additional periods not to exceed seven
days.
(5) If the fudge or magistrate determines that there is
probable cause to believe that the communication or conver-
sation concerns the unlawful manufacture, delivery, sale, or
possession with intent to manufacture, deliver, or sell,
controlled substances as defined in chapter 69.50 RCW, or
legend drugs as defined in chapter 69.41 RCW, or imitation
controlled substances as defined in chapter 69.52 RCW, the
judge or magistrate may authorize the interception, transmis-
sion, recording, or disclosure of communications or conver-
sations under subsection (2) of this section even though the
true name of the nonconsenting party, or the particular time
and place for the interception, transmission, recording, or
disclosure, is not known at the time of the request, if the
authorization describes the nonconsenting party and subject
►4 of
matter of the communication or conversation with reasonable
certainty under the circumstances. Any such communication
or conversation may be intercepted, transmitted, recorded, or
disclosed as authorized notwithstanding a change in the time
or location of the communication or conversation after the
authorization has been obtained or the presence of or
participation in the communication or conversation by any
additional patty not named in the authorization.
Authorizations issued under this subsection shall be
effective for not more than fourteen days, after which period
the issuing authority may renew or continue the authorization
for an additional period not to exceed fourteen days. [1989
c 271 § 205; 1986 c 38 § 2; 1977 ex.s. c 363 § 3; 1970,ex.s.
c 48 § 1.]
9.91.025 Unlawful bus conduct. (1) A person is
guilty of unlawful bus conduct if while on or in a municipal
transit vehicle as defined by RCW 46.04.355 or in or at a
municipal transit station and with knowledge that such
conduct is prohibited, the or she:
(a) Except while in or at a municipal transit station,
smokes or carries a lighted or smoldering pipe, cigar, or
cigarette,
(b) Discards litter other than in designated i-ceptacles;
(c) Plays any radio, recorder, or other sound -producing
equipment except that nothing herein small prohibit the use
of such equipment when connected to earphones that limit
the sound to individual listeners or the use of a communica-
tion deice by an employee of the owner or operator of the
municipal transit vehicle or municipal transit station;
(d) Spits or expectorates;
(e) Carries any flammable liquid, explosive, acid, or
other article or material likely to cause harm to others except
that nothing herein shall prevent a person from carrying a
cigarette, cigar, or pipe lighter or carrying a firearm or
ammunition in a way that is not otherwise prohibited by law,
(f) Intentionally obstructs or impedes the flow of
municipal transit vehicles or passenger traffic, hinders or
prevents access to municipal transit vehicles or stations, or
otherwise unlawfully interferes with the provision or use of
public transportation services;
(g) Intentionally disturbs others by engaging in loud,
raucous, unruly, harmful, or harassing behavior; or
(h) Destroys, defaces, or otherwise damages property of
a municipality as defined in RCW 35.58.272 employed in
the provision or use of public transportation services.
(2) For the purposes of this section, "municipal transit
station" means all facilities, structures, lands, interest in
lands, air rights over lands, and rights of way of all kinds
that are owned, leased, held, or used by a municipality as
defined in RCW 35.58.272 for the purpose of providing
public transportation services, including, but not limited to,
park and ride lots, transit centers and tunnels, and bus
shelters.
(3) Unlawful bus conduct is a misdemeanor. [1994 c 45
§ 4; 1992 c 77 § 1; 1984 c 167 § 1.]
9.91.060 Leaving children unattended in parked
automobile. Every person having the care and custody,
whether temporary or permanent, of minor children under
the age of twelve years, who shall leave such children in a
parked automobile unattended by an adult while such person
enters a tavern or other premises where vinous[,] spiritu-
ous[,] or malt liquors are dispensed for consumption on the
premises shall be guilty of a gross misdemeanor. [1951 c
270 § 17.]
-65
9.91.140 Food stamps. (1) A person who sells food
stamps obtained through the program established under RCW
74.04.500, or food purchased therewith, is guilty of a gross
misdemeanor under RCW 9A.20.021 if the value of the
stamps or food transferred exceeds one hundred dollars, and
is guilty of a misdemeanor under RCW 9A 20.021 if t're
value of the stamps or food transferred is one hundred
dollars or less.
(2) A person who purchases, or who otherwise acquires
and sells, or who traffics in, food stamps as defined by the
federal food stamp act, as amended, (7 U.S C. Sec. 2011 et
seq ), is guilty of a class C felony under RCW 9A.20.021 if
the face value of the stamps exceeds one hundred dollars,
and is guilty of a gross misdemeanor under RCW 9A.20.021
if the face value of the stamps is one hundred dollars or less.
(3) A person who, in violation of 7 U.S C. Sec. 2024(c),
obtains and presents food stamps as defined by the federal
food stamp act, as amended, (7 U.S C. Sec. 2011 et seq.),
for redemption or causes such stamps to be presented for
redemption through the program established under RCW
74.04 500 is guilty of a class C felony under RCW
9A 20.021 [ 1996 c 73 § 1, 1988 c 62 § 1.]
9.91.160 Personal protection spray devices. (1) It is
unlawful for a person under eighteen years old, unless the
person is at least fourteen years old and has the permission
of a parent or guardian to do so, to purchase or possess a
personal protection spray device. A violation of this
subsection is a misdemeanor.
(2) No town, city, county, special purpose district,
quasi -municipal corporation or other unit of government may
prohibit a person eighteen years old or older, or a person
fourteen years old or older who has the permission of a
parent or guardian to do so, from purchasing or possessing
a personal protection spray device or from using such a
device in a manner consistent with the authorized use of
force under RC`r! 9A.16.020 No town, city, county, special
puipcse distnct, quasi -municipal corporation, or other unit of
goveniment may prohibit a person eighteen years old or
older from deliveiing a personal protection spray device to
a person authorized to possess such a device.
(3) For purposes of this section:
(a) "Personal protection spray device" means a commer-
cially available dispensing device designed and intended for
use in self-defense and coo 'ainme a nonlethal sternutator or
lacrimator agent, including but not limited to.
(i) Tear gas, the active ingredient of which is either
chloraectophenone (CN) or O-chlorobenzylidene malonotrile
(CS), or
(ii) Other agent commonly known as mace, pepper
mace, or pepper gas.
(b) "Delivering" means actual, constructive, or attempted
transferring from one person to another.
(4) Nothing in this section authorizes the delivery,
purchase, possession, or use of any device or chemical agent
that is otherwise prohibited by state law [1994 sp.s. c 7 §
514.]
9A.08.020 Liability for conduct of another—
Complicity. (1) A person is guilty of a crime if it is
committed by the conduct of another person for which he is
legally accountable.
(2) A person is legally accountable for the conduct of
(a) Acting with the kind of culpability that is sufficient
for the commission of the crime, he causes an innocent or
irresponsible person to engage in such conduct; or
(b) He is made accountable for the conduct of such
other person by this title or by the law defining the crime; or
(c) He is an accomplice of such other person in the
commission of the crime.
(3) A person is an accomplice of another person in the
commission of a crime if:
(a) With knowledge that it will promote or facilitate the
commission of the crime, he
(i) solicits, commands, encourages, or requests such
other person to commit it; or
(ii) aids or agrees to aid such other person in planning
or committing it; or
(b) His conduct is expressly declared by law to establish
his complicity.
(4) A person who is legally incapable of committing a
particular crime himself may be guilty thereof if it is
committed by the conduct of another person for which he is
legally accountable, unless such liability is inconsistent with
the purpose of the provision establishing his incapacity.
(5) Unless otherwise provided by this title or by the law
defining the crime, a person is not an accomplice in a crime
committed by another person if:
(a) He is a victim of that crime; or m
(b) He terminates his complicity prior to the comission
of the crime, and either gives timely warning to the law
enforcement authorities or otherwise makes a good faith
effort to prevent the commission of the crime.
(6) A person legally accountable for the conduct of
another person may be convicted on proof of the commission
of the crime and of his complicity therein, though the person
claimed to have committed the crime has not been prosecut-
ed or convicted or has been convicted of a different crime or
degree of crime or has an immunity to prosecution or
conviction or has been acquitted. [1975-'76 2nd ex.s. c 38
§ 1; 1975 1st ex.s. c 260 § 9A.08.020.]
9A.28.020 Criminal attempt. (1) A person is guilty
of an attempt to commit crime if, with intent to commit a
specific crime, he does any act which is a substantial step
toward the commission of that crime.
(2) If the conduct in which a person engages otherwise
constitutes an attempt to commit a crime, it is no defense to
a prosecution of such attempt that the crime charged to have
been attempted was, under the attendant circumstances,
factually or legally impossible of commission.
(3) An attempt to commit a crime is a:
(a) Class A felony when the crime attempted is murder
in the first degree, murder in the second degree, or arson in
the first degree;
(b) Class B felony when the crime attempted is a class
A felony other than murder in the first degree, murder in the
second degree, or arson in the first degree;
(c) Class C felony when the crime attempted is a class
B felony;
(d) Gross misdemeanor when the crime attempted is a
class C felony;
(e) Misdemeanor when the crime attempted is a gross
misdemeanor or misdemeanor. [1994 c 271 § 101; 1981 c
203 § 3; 1975 1st ex.s. c 260 § 9A.28.020.]
another person when. 154-65
9A.28.030 Criminal solicitation. (1) A person is
guilty of criminal solicitation when, with intent to promote
or facilitate the commission of a crime, he offers to give or
gives money or other thing of value to another to engage in
specific conduct which would constitute such crime or which
would establish complicity of such other person in its
commission or attempted commission had such crime been
attempted or committed.
(2) Criminal solicitation shall be punished in the same
manner as criminal attempt under RCW 9A.28.020. [1975
1st ex.s. c 260 § 9A.28.030.]
9A.28.040 Criminal conspiracy. (1) A person is
guilty of criminal conspiracy when, with intent that conduct
constituting a crime be performed, he agrees with one or
more persons to engage in or cause the performance of such
conduct, and any one of them takes a substantial step in
pursuance of such agreement.
(2) It shall not be a defense to criminal conspiracy that
the person or persons with whom the accused is alleged to
have conspired:
(a) Has not been prosecuted or convicted; or
(b) Has been convicted of a different offense; or
(c) Is not amenable to justice; or
(d) Has been acquitted; or
(e) Lacked the capacity to commit an offense.
(3) Criminal conspiracy is a:
(a) Class A felony when an object of the conspiratorial
agreement is murder in the first degree;
(b) Class B felony when an object of the conspiratorial
agreement is a class A felony other than murder in the first
degree;
(c) Class C felony when an object of the conspiratorial
agreement is a class B felony;
(d) Gross misdemeanor when an object of the conspira-
torial agreement is a class C felony;
(e) Misdemeanor when an object of the conspiratorial
agreement is a gross misdemeanor or misdemeanor. [1975
1st ex.s. c 260 § 9A.28.040.]
9A.36.050 Reckless endangerment in the second
degree. (1) A person is guilty of reckless endangerment in
the second degree when he recklessly engages in conduct not
amounting to reckless endangerment in the first degree but
which creates a substantial risk of death or serious physical
injury to another person.
(2) Reckless endangerment in the second degree is a
gross misdemeanor. [1989 c 271 § 110; 1975 1st ex.s. c 260
§ 9A.36.050.1
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
immediately to use force against any person who is present
at the time; or
(b) Threats as defined in RCW 9A.04.110(25)(a), (b), or
(c).
(3) Coercion is a gross misdemeanor. [1975 1st ex.s. c
260 § 9A.36.070.1
9A.36.150 Interfering with the reporting of domes-
tic violence. (1) A person commits the crime of interfering
with the reporting of domestic violence if the person:
(a) Commits a crime of domestic violence, as defined in
RCW 10.99.020; and
(b) Prevents or attempts to prevent the victim of or a
witness to that domestic violence crime from calling a 911
emergency communication system, obtaining medical
assistance, or making a report to any law enforcement
official.
(2) Commission of a crime of domestic violence under
subsection (1) of this section is a necessary element of the
crime of interfering with the reporting of domestic violence.
(3) Interference with the reporting of domestic violence
is a gross misdemeanor. [1996 c 248 § 3.]
9A.40.070 Custodial interference in the second
degree. (1) A relative of a person is guilty of custodial
interference in the second degree if, with the intent to deny
access to such person by a parent, guardian, institution,
agency, or other person having a lawful right to physical
custody of such person, the relative takes, entices, retains,
detains, or conceals the person from a parent, guardian,
institution, agency, or other person having a lawful right to
physical custody of such person. This subsection shall not
apply to a parent's noncompliance with a court-ordered
parenting plan.
(2) A parent of a child is guilty of custodial interference
in the second degree if: (a) The parent takes, entices,
retains, detains, or conceals the child, with the intent to deny
access, from the other parent having the lawful right to time
with the child pursuant to a court-ordered parenting plan; or
(b) the parent has not complied with the residential provi-
sions of a court-ordered parenting plan after a finding of
contempt under RCW 26.09.160(3); or (c) if the court finds
that the parent has engaged in a pattern of willful violations
of the court-ordered residential provisions.
(3) Nothing in (b) of this subsection prohibits conviction
of custodial interference in the second degree under (a) or
(c) of this subsection in absence of findings of contempt.
(4) The first conviction of custodial interference in the
second degree is a gross misdemeanor. The second or
subsequent conviction of custodial interference in the second
degree is a class C felony. [ 1989 c 318 § 2; 1984 c 95 § 2.]
9A.40.080 Custodial interference—Assessment of
costs—Defense—Consent defense, restricted. (1) Any
reasonable expenses incurred in locating or returning a child
or incompetent person shall be assessed against a defendant
convicted under RCW 9A.40.060 or 9A.40.070.
(2) In any prosecution of custodial interference in the
first or second degree, it is a complete defense, if established
by the defendant by a preponderance of the evidence, that:
(a) The defendant's purpose was to protect the child,
incompetent person, or himself or herself from imminent
physical harm, that the belief in the existence of the immi-
nent physical harm was reasonable, and that the defendant
sought the assistance of the police, sheriff s office, protective
agencies, or the court of any state before committing the acts
giving rise to the charges or within a reasonable time
thereafter;
W�
(b) The complainant had, prior to -the defendant commit-
ting the acts giving rise to the crime, for a protracted period
of time, failed to exercise his or her rights to physical
custody or access to the child under a court-ordered
parenting plan or order granting visitation rights, provided
that such failure was not the direct result of the defendant's
denial of access to such person;
(c) The acts giving rise to the charges were consented
to by the complainant; or
(d) The offender, after providing or making a good faith
effort to provide notice to the person entitled to access to the
child, failed to provide access to the child due to reasons that
a reasonable person would believe were directly related to
the welfare of the child, and allowed access to the child in
accordance with the court order within a reasonable period
of time. The burden of proof that the denial of access was
reasonable is upon the person denying access to the child.
(3) Consent of a child less than sixteen years of age or
of an incompetent person does not constitute a defense to an
action under RCW 9A.40.060 or 9A.40.070. [ 1989 c 318 §
5; 1984 c 95 § 3.1
9A.42.080 Abandonment of a dependent person in
the third degree. (1) A person is guilty of the crime of
abandonment of a dependent person in the third degree if:
(a) The person is the parent of a child, a person entrust-
ed with the physical custody of a child or other dependent
person, or a person employed to provide to the child or
dependent person any of the basic necessities of life; and
(b) The person recklessly abandons the child or other
dependent person; and:
(i) As a result of being abandoned, the child or other
dependent person suffers bodily harm; or
(ii) Abandoning the child or other dependent person
creates an imminent and substantial risk that the child or
other person will suffer substantial bodily harm.
(2) Abandonment of a dependent person in the third
degree is a gross misdemeanor. [1996 c 302 § 4.]
9A.42.090 Abandonment of a dependent person—
Defense. It is an affirmative defense to the charge of
abandonment of a dependent person, that the person em-
ployed to provide any of the basic necessities of life to the
child or other dependent person, gave reasonable notice of
termination of services and the services were not terminated
until after the termination date specified in the notice. The
notice must be given to the child or dependent person, and
to other persons or organizations that have requested notice
of termination of services furnished to the child or other
dependent person.
The department of social and health services and the
department of health shall adopt rules establishing proce-
dures for termination of services to children and other
dependent persons. [1996 c 302 § 5.]
9A.44.010 Definitions. As used in this chapter:
(1) "Sexual intercourse" (a) has its ordinary meaning
and occurs upon any penetration, however slight, and
(b) Also means any penetration of the vagina or anus
however slight, by an object, when committed on one person
by another, whether such persons are of the same or opposite
sex, except when such penetration is accomplished for
medically recognized treatment or diagnostic purposes, and
(c) Also means any act of sexual contact between
persons involving the sex organs of one person and the
mouth or anus of another whether such persons are of the
same or opposite sex.
(2) "Sexual contact" means any touching of the sexual
or other intimate parts of a person done for the purpose of
gratifying sexual desire of either parry or a third parry.
(3) "Married" means one who is legally married to
another, but does not include a person who is living separate
and apart from his or her spouse and who has filed in an
appropriate court for legal separation or for dissolution of his
or her marriage.
(4) "Mental incapacity" is that condition existing at the
time of the offense which prevents a person from under-
standing the nature or consequences of the act of sexual
intercourse whether that condition is produced by illness,
defect, the influence of a substance or from some other
cause.
(5) "Physically helpless" means a person who is
unconscious or for any other reason is physically unable to
communicate unwillingness to an act.
(6) "Forcible compulsion" means physical force which
overcomes resistance, or a threat, express or implied, that
places a person in fear of death or physical injury to herself
or himself or another person, or in fear that she or he or
another person will be kidnapped.
(7) "Consent" means that at the time of the act of sexual
intercourse or sexual contact there are actual words or
conduct indicating freely given agreement to have sexual
intercourse or sexual contact.
(8) "Significant relationship" means a situation in which
the perpetrator is:
(a) A person who undertakes the responsibility, profes-
sionally or voluntarily, to provide education, health, welfare,
or organized recreational activities principally for minors; or
(b) A person who in the course of his or her employ-
ment supervises minors.
(9) "Abuse of a supervisory position" means a direct or
indirect threat or promise to use authority to the detriment or
benefit of a minor.
(10) "Developmentally disabled," for purposes of RCW
9A.44.050(1)(c) and 9A.44.100(1)(c), means a person with
a developmental disability as defined in RCW 71A.10.020.
(11) "Person with supervisory authority," for purposes
of RCW 9A.44.050(1) (c) or (e) and 9A.44.100(1) (c) or (e),
means any proprietor or employee of any public or private
care or treatment facility who directly supervises develop-
mentally disabled, mentally disordered, or chemically
dependent persons at the facility.
(12) "Mentally disordered person" for the purposes of
RCW 9A.44.050(1)(e) and 9A.44.100(1)(e) means a person
with a "mental disorder" as defined in RCW 71.05.020(2).
(13) "Chemically dependent person" for purposes of
RCW 9A.44.050(1)(e) and 9A.44.100(1)(e) means a person
who is "chemically dependent" as defined in RCW
70.96A.020(4).
(14) "Health care provider" for purposes of RCW
9A.44.050 and 9A.44.100 means a person who is, holds
himself or herself out to be, or provides services as if he or
she were: (a) A member of a health care profession under
chapter 18.130 RCW; or (b) registered or certified under
chapter 18.19 RCW, regardless of whether the health care
provider is licensed, certified, or registered by the state.
rl 0� 38
(15) "Treatment" for purposes of RCW 9A.44.050 and
9A.44.100 means the active delivery of professional services
by a health care provider which the health care provider
holds himself or herself out to be qualified to provide.
[1994 c 271 § 302; 1993 c 477 § 1; 1988 c 146 § 3; 1988 c
145 § 1; 1981 c 123 § 1; 1975 1st ex.s. c 14 § 1. Formerly
RCW 9.79.140.]
9A.44.096 Sexual misconduct with a minor in the
second degree. (1) A person is guilty of sexual misconduct
with a minor in the second degree when the person has, or
knowingly causes another person under the age of eighteen
to have, sexual contact with another person who is at least
sixteen years old but less than eighteen years old and not
married to the perpetrator, if the perpetrator is at least sixty
months older than the victim, is in a significant relationship
to the victim, and abuses a supervisory position within that
relationship in order to engage in or cause another person
under the age of eighteen to engage in sexual contact with
the victim.
(2) Sexual misconduct with a minor in the second
degree is a gross misdemeanor. [1994 c 271 § 307; 1988 c
145 § 9.]
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
(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•]
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.]
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.]
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
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 sp.s. c 7 § 447; 1985 c 288 § 5.1
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);
WIVI
(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);
(34) Residential burglary (RCW 9A.52.025); and
(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:
1992 c 186 § 4; 1992 c 145 § 12; 1988 c 145 § 15; 1985 c
288 § 6.]
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 § 8.1
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.]
t 4
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
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.
(d) "Repeatedly" means on two or more separate
occasions. [1994 c 271 § 801; 1992 c 186 § 1.]
9A.48.010 Definitions. (1) For the purpose of this
chapter, ds 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.48.010.1
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 1 st ex.s. c
260 § 9A.48.060.1
9A.48.090 Malicious mischief in the third degree.
(1) A person is guilty of malicious mischief in the third
degree if he or she:
(a) Knowingly and maliciously causes physical damage
to the property of another, under circumstances not amount-
ing to malicious mischief in the first or second degree; or
(b) Writes, paints, or draws any inscription, figure, or
mark of any type on any public or private building or other
structure or any real or personal property owned by any
other person unless the person has obtained the express
permission of the owner or operator of the property, under
circumstances not amounting to malicious mischief in the
first or second degree.
(2)(a) Malicious mischief in the third degree under
subsection (1)(a) of this section is a gross misdemeanor if
20 4 38
the damage to the property is iri an amount exceeding fifty
dollars; otherwise, it is a misdemeanor.
(b) Malicious mischief in the third degree under
subsection (1)(b) of this section is a gross misdemeanor.
[1996 c 35 § 1; 1975 1st ex.s. c 260 § 9A.48.090.1
9A.48.100 Malicious mischief—"Physical damage"
defined. For the purposes of RCW 9A.48.070 through
9A.48.090 inclusive:
(1) "Physical damage", in addition to its ordinary
meaning, shall include the total or partial alteration, damage,
obliteration, or erasure of records, information, data, comput-
er programs, or their computer representations, which are
recorded for use in computers or the impairment, interrup-
tion, or interference with the use of such records, informa-
tion, data, or computer programs, or the impairment, inter-
ruption, or interference with the use of any computer or
services provided by computers. "Physical damage" also
includes any diminution in the value of any property as the
consequence of an act;
(2) If more than one item of property is physically
damaged as a result of a common scheme or plan by a
person and the physical damage to the property would, when
considered separately, constitute mischief in the third degree
because of value, then the value of the damages may be
aggregated in one count. If the sum of the value of all the
physical damages exceeds two hundred fifty dollars, the
defendant may be charged with and convicted of malicious
mischief in the second degree. [ 1984 c 273 § 4; 1981 c 260
§ 2. Prior: 1979 ex.s. c 244 § 11; 1979 c 145 § 3; 1977
ex.s. c 174 § 1; 1975 1st ex.s. c 260 § 9A.48.100.]
9A.48.110 Defacing a state monument. (1) A person
is guilty of defacing a state monument if he or she knowing-
ly defaces a monument or memorial on the state capitol
campus or other state property.
(2) Defacing a state monument is a misdemeanor.
[ 1995 c 66 § 1.1
9A.50.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Health care facility" means a facility.that provides
health care services directly to patients, including but not
limited to, a hospital, clinic, health care provider's office,
health maintenance organization, diagnostic or treatment
center, neuropsychiatric or mental health facility, hospice, or
nursing home.
(2) "Health care provider" has the same meaning as
defined in RCW 7.70.020 (1) and (2), and also means an
officer, director, employee, or agent of a health care facility
who sues or testifies regarding matters within the scope of
his or her employment.
(3) "Aggrieved" means:
(a) A person, physically present at the health care
facility when the prohibited actions occur, whose access is
or is about to be obstructed or impeded;
(b) A person, physically present at the health care
facility when the prohibited actions occur, whose care is or
is about to be disrupted;
(c) The health care facility, its employees, or agents;
(d) The owner of the health care facility or the building
or property upon which the health care facility is located.
[1993 c 128 § 2.1
9A.50.020 Interference'with health care facility. It
is unlawful for a person except as otherwise protected by
state or federal law, alone or in concert with others, to
willfully or recklessly interfere with access to or from a
health care facility or willfully or recklessly disrupt the
normal functioning of such facility by:
(1) Physically obstructing or impeding the free passage
of a person seeking to enter or depart from the facility or
from the common areas of the real property upon which the
facility is located;
(2) Making noise that unreasonably disturbs the peace
within the facility;
(3) Trespassing on the facility or the common areas of
the real property upon which the facility is located;
(4) Telephoning the facility repeatedly, or knowingly
permitting any telephone under his or her control to be used
for such purpose; or
(5) Threatening to inflict injury on the owners, agents,
patients, employees, or property of the facility or knowingly
permitting any telephone under his or her control to be used
for such purpose. [1993 c 128 § 3.1
9A.50.030 Penalty. A violation of RCW 9A.50.020
is a gross misdemeanor. A person convicted of violating
RCW 9A.50.020 shall be punished as follows:
(1) For a first offense, a fine of not less than two
hundred fifty dollars and a jail term of not less than twenty-
four consecutive hours;
(2) For a second offense, a fine of not less than five
hundred dollars and a jail term of not less than seven
consecutive days; and
(3) For a third or subsequent offense, a fine of not less
than one thousand dollars and a jail term of not less than
thirty consecutive days. [1993 c 128 § 4.]
9A.52.010 Definitions. The following definitions
apply in this chapter:
(1) 'Premises" includes any building, dwelling, structure
used for commercial aquaculture, or any real property;
(2) "Enter". The word "enter" when constituting an
element or part of a crime, shall include the entrance of the
person, or the insertion of any part of his body, or any
instrument or weapon held in his hand and used or intended
to be used to threaten or intimidate a person or to detach or
remove property;
(3) 'Enters or remains unlawfully". A person "enters or
remains unlawfully" in or upon premises when he is not then
licensed, invited, or otherwise privileged to so enter or
remain.
A license or privilege to enter or remain in a building
which is only partly open to the public is not a license or
privilege to enter or remain in that part of a building which
is not open to the public. A person who enters or remains
upon unimproved and apparently unused land, which is
neither fenced nor otherwise enclosed in a manner designed
to exclude intruders, does so with license and privilege
unless notice against trespass is personally communicated to
him by the owner of the land or some other authorized
person, or unless notice is given by posting in a conspicuous
manner. Land that is used for commercial aquaculture or for
growing an agricultural crop or crops, other than timber, is
not unimproved and apparently unused land if a crop or any
other sign of cultivation is clearly visible or if notice is
given by posting in a conspicuous manner. Similarly, a field
fenced in any manner is not unimproved and apparently
unused land;
(4) "Data" means a representation of information,
knowledge, facts, concepts, or instructions that are being
prepared or have been prepared in a formalized manner and
are intended for use in a computer;
(5) "Computer program" means an ordered set of data
representing coded instructions or statements that when
executed by a computer cause the computer to process data;
(6) "Access" means to approach, instruct, communicate
with, store data in, retrieve data from, or otherwise make use
of any resources of a computer, directly or by electronic
means. [1985 c 289 § 1. Prior: 1984 c 273 § 5; 1984 c 49
§ 1; 1975 Ist ex.s. c 260 § 9A.52.010.1
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 commonly 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 misde-
meanor. [1975 1st ex.s. c 260 § 9A.52.060.1
9A.52.070 Criminal trespass in the first degree. (1)
A person is guilty of criminal trespass in the first degree if
he knowingly enters or remains unlawfully in a building.
(2) Criminal trespass in the first degree is a gross
misdemeanor. [1979 ex.s. c 244 § 12; 1975 1st ex.s. c 260
§ 9A.52.070.1
9A.52.080 Criminal trespass in the second degree.
(1) A person is guilty of criminal trespass in the second
degree if he knowingly enters or remains unlawfully in or
upon premises of another under circumstances not constitut-
ing criminal trespass in the first degree.
(2) Criminal trespass in the second degree is a misde-
meanor. [ 1979 ex.s. c 244 § 13; 1975 1st ex.s. c 260 §
9A.52.080.]
9A.52.090 Criminal trespass—Defenses. In any
prosecution under RCW 9A.52.070 and 9A.52.080, it is a
defense that:
(1) A building involved in an offense under RCW
9A.52.070 was abandoned; or
(2) The premises were at the time open to members of
the public and the actor complied with all lawful conditions
imposed on access to or remaining in the premises; or
(3) The actor reasonably believed that the owner of the
premises, or other person empowered to license access
thereto, would have licensed him to enter or remain; or
(4) The actor was attempting to serve legal process
which includes any document required or allowed to be
served upon persons or property, by any statute, rule,
ordinance, regulation, or court order, excluding delivery by
the mails of the United States. This defense applies only if
the actor did not enter into a private residence or other
building not open to the public and the entry onto the
premises was reasonable and necessary for service of the
legal process. [1986 c 219 § 2; 1975 1st ex.s. c 260 §
9A.52.090.1
38
9A.52.100 Vehicle prowling in the second degree.
(1) A person is guilty of vehicle prowling in the second
degree if, with intent to commit a crime against a person or
property therein, he enters or remains unlawfully in a vehicle
other than a motor home, as defined in RCW 46.04.305, or
a vessel equipped for propulsion by mechanical means or by
sail which has a cabin equipped with permanently installed
sleeping quarters or cooking facilities.
(2) Vehicle prowling in the second degree is a gross
misdemeanor. [1982 1st ex.s. c 47 § 14; 1975 1st ex.s. c
260 § 9A.52.100.1
9A52.120 Computer trespass in the second degree.
(1) A person is guilty of computer trespass in the second
degree if the person, without authorization, intentionally
gains access to a computer system or electronic data base of
another under circumstances not constituting the offense in
the first degree.
(2) Computer trespass in the second degree is a gross
misdemeanor. [1984 c 273 § 2.]
9A.52.130 Computer trespass—Commission of
other crime. A person who, in the commission of a
computer trespass, commits any other crime may be pun-
ished for that other crime as well as for the computer
trespass and may be prosecuted for each crime separately.
[1984 c 273 § 3.1
9A.56.010 Definitions. The following definitions are
applicable in this chapter unless the context otherwise
requires:
(1) "Appropriate lost or misdelivered property or
services" means obtaining or exerting control over the
property or services of another which the actor knows to
have been lost or mislaid, or to have been delivered under a
mistake as to identity of the recipient or as to the nature or
amount of the property;
(2) "By color or aid of deception" means that the
deception operated to bring about the obtaining of the
property or services; it is not necessary that deception be the
sole means of obtaining the property or services;
(3) "Access device" means any card, plate, code,
account number, or other means of account access that can
be used alone or in conjunction with another access device
to obtain money, goods, services, or anything else of value,
or that can be used to initiate a transfer of funds, other than
a transfer originated solely by paper instrument;
(4) "Deception" occurs when an actor knowingly:
(a) Creates or confines another's false impression which
the actor knows to be false; or
(b) Fails to correct another's impression which the actor
previously has created or confirmed; or
(c) Prevents another from acquiring information material
to the disposition of the property involved; or
(d) Transfers or encumbers property without disclosing
a lien, adverse claim, or other legal impediment to the
enjoyment of the property, whether that impediment is or is
not valid, or is or is not a matter of official record; or
(e) Promises performance which the actor does not
intend to perform or knows will not be performed.
(5) "Deprive" in addition to its common meaning means
to make unauthorized use or an unauthorized copy of
records, information, data, trade secrets, or computer pro-
grams;
(6) "Obtain control over" in addition to its common
meaning, means:
(a) In relation to property, to bring about a transfer or
purported transfer to the obtainer or another of a legally
recognized interest in the property; or
(b) In relation to labor or service, to secure performance
thereof for the benefits of the obtainer or another;
(7) "Wrongfully obtains" or "exerts unauthorized
control" means:
(a) To take the property or services of another;
(b) Having any property or services in one's possession,
custody or control as bailee, factor, pledgee, servant,
attorney, agent, employee, trustee, executor, administrator,
guardian, or officer of any person, estate, association, or
corporation, or as a public officer, or person authorized by
agreement or competent authority to take or hold such
possession, custody, or control, to secrete, withhold, or
appropriate the same to his or her own use or to the use of
any person other than the true owner or person entitled
thereto; or
(c) Having any property or services in one's possession,
custody, or control as partner, to secrete, withhold, or
appropriate the same to his or her use or to the use of any
person other than the true owner or person entitled thereto,
where such use is unauthorized by the partnership agree-
ment;
(8) "Owner" means a person, other than the actor, who
has possession of or any other interest in the property or
services involved, and without whose consent the actor has
no authority to exert control over the property or services;
(9) "Receive" includes, but is not limited to, acquiring
title, possession, control, or a security interest, or any other
interest in the property;
(10) "Services" includes, but is not limited to, labor,
professional services, transportation services, electronic
computer services, the supplying of hotel accommodations,
restaurant services, entertainment, the supplying of equip-
ment for use, and the supplying of commodities of a public
utility nature such as gas, electricity, steam, and water;
(11) "Stolen" means obtained by theft, robbery, or
extortion;
(12) "Subscription television service" means cable or
encrypted video and related audio and data services intended
for viewing on a home television by authorized members of
the public only, who have agreed to pay a fee for the ser-
vice. Subscription services include but are not limited to
those video services presently delivered by coaxial cable,
fiber optic cable, terrestrial microwave, television broadcast,
and satellite transmission;
(13) "Telecommunication device" means (a) any type of
instrument, device, machine, or equipment that is capable of
transmitting or receiving telephonic or electronic communi-
cations; or (b) any part of such an instrument, device, ma-
chine, or equipment, or any computer circuit, computer chip,
electronic mechanism, or other component, that is capable of
facilitating the transmission or reception of telephonic or
electronic communications;
(14) "Telecommunication service" includes any service
other than subscription television service provided for a
charge or compensation to facilitate the transmission,
transfer, or reception of a telephonic communication or an
electronic communication;
(15) Value. (a) "Value" means the market value of the
property or services at the time and in the approximate area
of the criminal act.
r • I
(b) Whether or not they have been issued or delivered,
written instruments, except those having a readily ascertained
market value, shall be evaluated as follows:
(i) The value of an instrument constituting an evidence
of debt, such as a check, draft, or promissory note, shall be
deemed the amount due or collectible thereon or thereby,
that figure ordinarily being the face amount of the indebted-
ness less any portion thereof which has been satisfied;
(ii) The value of a ticket or equivalent instrument which
evidences a right to receive transportation, entertainment, or
other service shall be deemed the price stated thereon, if
any; and if no price is stated thereon, the value shall be
deemed the price of such ticket or equivalent instrument
which the issuer charged the general public;
(iii) The value of any other instrument that creates,
releases, discharges, or otherwise affects any valuable legal
right, privilege, or obligation shall be deemed the greatest
amount of economic loss which the owner of the instrument
might reasonably suffer by virtue of the loss of the instru-
ment.
(c) Whenever any series of transactions which constitute
theft, would, when considered separately, constitute theft in
the third degree because of value, and said series oftransac-
tions are a part of a common scheme or plan, then the
transactions may be aggregated in one count and the sum of
the value of all said transactions shall be the value consid-
ered in determining the degree of theft involved.
(d) Whenever any person is charged with possessing
stolen property and such person has unlawfully in his
possession at the same time the stolen property of more than
one person, then the stolen property possessed may be
aggregated in one count and the sum of the value of all said
stolen property shall be the value considered in determining
the degree of theft involved.
(e) Property or services having value that cannot be
ascertained pursuant to the standards set forth above shall be
deemed to be of a value not exceeding two hundred and fifty
dollars;
(16) "Shopping cart" means a basket mounted on wheels
or similar container generally used in a retail establishment
by a customer for the purpose of transporting goods of any
kind;
(17) "Parking area" means a parking lot or other
property provided by retailers for use by a customer for
parking an automobile or other vehicle. [1995 c 92 § l;
1987 c 140 § 1; 1986 c 257 § 2; 1985 c 382 § 1; 1984 c 273
§ 6; 1975-'76 2nd ex.s. c 38 § 8; 1975 1st ex.s. c 260 §
9A.56.010.1
9A.56.020 Theft—Definition, defense. (1) "Theft"
means:
(a) To wrongfully obtain or exert unauthorized control
over the property or services of another or the value thereof,
with intent to deprive him of such property or services; or
(b) By color or aid of deception to obtain control over
the property or services of another or the value thereof, with
intent to deprive him of such property or services; or
(c) To appropriate lost or misdelivered property or
services of another, or the value thereof, with intent to
deprive him of such property or services.
(2) In any prosecution for theft, it shall be a sufficient
defense that the property or service was appropriated openly
and avowedly under a claim of title made in good faith, even
though the claim be untenable. [1975-'76 2nd ex.s. c 38 §
9; 1975 1st ex.s. c 260 § 9A.56.020.]
23 ck -58
9A.56.050 Theft in the third degree. (1) A person
is guilty of theft in the third degree if he commits theft of
property or services which does not exceed two hundred and
fifty dollars in value.
(2) Theft in the third degree is a gross misdemeanor.
[1975 1st ex.s. c 260 § 9A.56.050.]
9A.56.060 Unlawful issuance of checks or drafts.
(1) Any person who shall with intent to defraud, make, or
draw, or utter, or deliver to another person any check, or
draft, on a bank or other depository for the payment of mon-
ey, knowing at the time of such drawing, or delivery, that he
has not sufficient funds in, or credit with said bank or other
depository, to meet said check or draft, in full upon its
presentation, shall be guilty of unlawful issuance of bank
check. The word "credit" as used herein shall be construed
to mean an arrangement or understanding with the bank or
other depository for the payment of such check or draft, and
the uttering or delivery of such a check or draft to another
person without such fund or credit to meet the same shall be
prima facie evidence of an intent to defraud.
(2) Any person who shall with intent to defraud, make,
or draw, or utter, or deliver to another person any check, or
draft on a bank or other depository for the payment of
money and who issues a stop -payment order directing the
bank or depository on which the check is drawn not to honor
said check, and who fails to make payment of money in the
amount of the check or draft or otherwise arrange a settle-
ment agreed upon by the holder of the check within twenty
days of issuing said check or draft shall be guilty of unlaw-
ful issuance of a bank check.
(3) When any series of transactions which constitute
unlawful issuance of a bank check would, when considered
separately, constitute unlawful issuance of a bank check in
an amount of two hundred fifty dollars or less because of
value, and the series of transactions are a part of a common
scheme or plan, the transactions may be aggregated in one
count and the sum of the value of all of the transactions
shall be the value considered in determining whether the
unlawful issuance of a bank check is to be punished as a
class C felony or a gross misdemeanor.
(4) Unlawful issuance of a bank check in an amount
greater than two hundred fifty dollars is a class C felony.
(5) Unlawful issuance of a bank check in an amount of
two hundred fifty dollars or less is a gross misdemeanor and
shall be punished as follows:
(a) The court shall order the defendant to make full
restitution;
(b) The defendant need not be imprisoned, but the court
shall impose a minimum fine of five hundred dollars. Of the
fine imposed, at least fifty dollars shall not be suspended or
deferred. Upon conviction for a second offense within any
twelve-month period, the court may suspend or defer only
that portion of the fine which is in excess of five hundred
dollars. [1982 c 138 § 1; 1979 ex.s. c 244 § 14; 1975 1st
ex.s. c 260 § 9A.56.060.1
9A.56.140 Possessing stolen property—Defmition—
Access devices, presumption. (1) "Possessing stolen
property" means knowingly to receive, retain, possess,
conceal, or dispose of stolen property knowing that it has
been stolen and to withhold or appropriate the same to the
use of any person other than the true owner or person
entitled thereto.
(2) The fact that the person who stole the property has
not been convicted, apprehended, or identified is not a
defense to a charge of possessing stolen property.
(3) When a person not an issuer or agent thereof has in
his possession or under his control stolen access devices
issued in the names of two or more persons, he shall be
presumed to know that they are stolen. This presumption
may be rebutted by evidence raising a reasonable inference
that the possession of such stolen access devices was without
knowledge that they were stolen. [1987 c 140 § 3; 1975 1st
ex.s. c 260 § 9A.56.140.1
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. [1975 1st ex.s. c 260 § 9A.56.170.]
9A.56.180 Obscuring the identity of a machine. (1)
A person is guilty of obscuring the identity of a machine if
he knowingly:
(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) Obscuring the identity of a machine is a gross
misdemeanor. [1975-'76 2nd ex.s. c 38 § 11; 1975 1st ex.s.
c 260 § 9A.56.180.]
9A.56.220 Theft of subscription television services.
(1) A person is guilty of theft of subscription television
services if, with intent to avoid payment of the lawful charge
of a subscription television service, he or she:
(a) Obtains or attempts to obtain subscription television
service from a subscription television service company by
trick, artifice, deception, use of a device or decoder, or other
fraudulent means without authority from the company
providing the service;
(b) Assists or instructs a person in obtaining or attempt-
ing to obtain subscription television service without authority
of the company providing the service; 9A.61.010 Definitions. The definitions set forth in
(c) Makes or maintains a connection or connections, this section apply throughout this chapter.
whether physical, electrical, mechanical, acoustical, or by (1) "Customer" means the person in whose name a
other means, with cables, wires, components, or other utility service is provided.
devices used for the distribution of subscription television (2) "Divert" means to change the intended course or
path of electricity, gas, or water without the authorization or
services without authority from the company providing the consent of the utility.
y•
(d) Makes or maintains a modification or alteration to (3) "Person" means an individual, partnership, firm,
a device installed with the authorization of a subscription association, or corporation or government agency.
2-4435
television service company for the purpose of interception or
receiving a program or other service carried by the company
that the person is not authorized by the company to receive;
or
(e) Possesses without authority a device designed in
whole or in part to receive subscription television services
offered for sale by the subscription television service
company, regardless of whether the program or services are
encoded, filtered, scrambled, or otherwise made unintelligi-
ble, or to perform or facilitate the performance of any other
acts set out in (a) through (d) of this subsection for the
reception of subscription television services without authori-
ty.
(2) Theft of subscription television services is a gross
misdemeanor. [1995 c 92 § 2; 1989 c 11 § 1; 1985 c 430
§ 1.1
9A.60.040 Criminal impersonation. (1) A person is
guilty of criminal impersonation in the first degree if the
person:
(a) Assumes a false identity and does an act in his or
her assumed character with intent to defraud another or for
any other unlawful purpose; or
(b) Pretends to be a representative of some person or
organization or a public servant and does an act in his or her
pretended capacity with intent to defraud another or for any
other unlawful purpose.
(2) Criminal impersonation in the first degree is a gross
misdemeanor.
(3) A person is guilty of criminal impersonation in the
second degree if the person:
(a) Claims to be a law enforcement officer or creates an
impression that he or she is a law enforcement officer; and
(b) Under circumstances not amounting to criminal
impersonation in the first degree, does an act with intent to
convey the impression that he or she is acting in an official
capacity and a reasonable person would believe the person
is a law enforcement officer.
(4) Criminal impersonation in the second degree is a
misdemeanor. [1993 c 457 § 1; 1975 1st ex.s. c 260 §
9A.60.040.1
9A.60.050 False certification. (1) A person is guilty
of false certification, if, being an officer authorized to take
a proof or acknowledgment of an instrument which by law
may be recorded, he knowingly certifies falsely that the
execution of such instrument was acknowledged by any
party thereto or that the execution thereof was proved.
(2) False certification is a gross misdemeanor. [1975-
'76 2nd ex.s. c 38 § 15; 1975 1st ex.s. c 260 § 9A.60.050.]
(4) "Reconnection" means the commencement of utility
service to a customer or other person after service has been
lawfully disconnected by the utility.
(5) "Tamper" means to rearrange, injure, alter, interfere
with, or otherwise prevent from performing the normal or
customary function.
(6) "Utility" means an electrical company, gas company,
or water company as those terms are defined in RCW
80.04.010, and includes an electrical, gas, or water system
operated by a public agency.
(7) "Utility service" means the provision of electricity,
gas, water, or any other service or commodity furnished by
the utility for compensation. [1989 c 109 § 1.]
9A.61.020 Defrauding a public utility. "Defrauding
a public utility" means to commit, authorize, solicit, aid,
abet, or attempt to:
(1) Divert, or cause to be diverted, utility services by
any means whatsoever;
(2) Make, or cause to be made, a connection or
reconnection with property owned or used by the utility to
provide utility service without the authorization or consent
of the utility;
(3) Prevent a utility meter or other device used in
determining the charge for utility services from accurately
performing its measuring function by tampering or by any
other means;
(4) Tamper with property owned or used by the utility
to provide utility services; or
(5) Use or receive the direct benefit of all or a portion
of the utility service with knowledge of, or reason to believe
that, the diversion, tampering, or unauthorized connection
existed at the time of the use or that the use or receipt was
without the authorization or consent of the utility. [1989 c
109 § 2.]
9A.61.050 Defrauding a public utility in the third
degree. (1) A person is guilty of defrauding a public utility
in the third degree if:
(a) The utility service diverted or used is five hundred
dollars or less in value; or
(b) A connection or reconnection has occurred without
authorization or consent of the utility.
(2) Defrauding a public utility in the third degree is a
gross misdemeanor. [1989 c 109 § 5.]
9A.72.010 Definitions. The following definitions are
applicable in this chapter unless the context otherwise
requires:
(1) "Materially false statement" means any false
statement oral or written, regardless of its admissibility under
the rules of evidence, which could have affected the course
or outcome of the proceeding; whether a false statement is
material shall be determined by the court as a matter of law;
(2) "Oath" includes an affirmation and every other mode
authorized by law of attesting to the truth of that which is
stated; in this chapter, written statements shall be treated as
if made under oath if:
(a) The statement was made on or pursuant to instruc-
tions on an official form bearing notice, authorized by law,
to the effect that false statements made therein are punish-
able;
25 0f
(b) The statement recites that it was made under oath,
the declarant was aware of such recitation at the time he or
she made the statement, intended that the statement should
be,represented as a sworn statement, and the statement was
in fact so represented by its delivery or utterance with the
signed jurat of an officer authorized to administer oaths
appended thereto; or
(c) It is a statement, declaration, verification, or certifi-
cate, made within or outside the state of Washington, which
is certified or declared to be true under penalty of perjury as
provided in RCW 9A.72.085.
(3) An oath is "required or authorized by law" when the
use of the oath is specifically provided for by statute or
regulatory provision or when the oath is administered by a
person authorized by state or federal law to administer oaths;
(4) "Official proceeding" means a proceeding heard
before any legislative, judicial, administrative, or other
government agency or official authorized to hear evidence
under oath, including any referee, hearing examiner, com-
missioner, notary, or other person taking testimony or
depositions;
(5) "Juror" means any person who is a member of any
jury, including a grand jury, impaneled by any court of this
state or by any public servant authorized by law to impanel
a jury; the term juror also includes any person who has been
drawn or summoned to attend as a prospective juror;
(6) "Testimony" includes oral or written statements,
documents, or any other material that may be offered by a
witness in an official proceeding. [1995 c 285 § 30; 1981
c 187 § 1; 1975 1st ex.s. c 260 § 9A.72.010.]
9A.72.040 False swearing. (1) A person is guilty of
false swearing if he makes a false statement, which he
knows to be false, under an oath required or authorized by
law.
(2) False swearing is a gross misdemeanor. [1975 1st
ex.s. c 260 § 9A.72.040.]
9A.72.060 Perjury and false swearing—Retraction.
No person shall be convicted of perjury or false swearing if
he retracts his false statement in the course of the same
proceeding in which it was made, if in fact he does so
before it becomes manifest that the falsification is or will be
exposed and before the falsification substantially affects the
proceeding. Statements made in separate hearings at
separate stages of the same trial, administrative, or other
official proceeding shall be treated as if made in the course
of the same proceeding. [1975-'76 2nd ex.s. c 38 § 16;
1975 1st ex.s. c 260 § 9A.72.060.]
9A.72.070 Perjury and false swearing—
Irregularities no defense. It is no defense to a prosecution
for perjury or false swearing:
(1) That the oath was administered or taken in an
irregular manner; or
(2) That the person administering the oath lacked
authority to do so, if the taking of the oath was required or
authorized by law. [1975 1st ex.s. c 260 § 9A.72.070.1
9A.72.140 Jury tampering. (1) A person is guilty of
jury tampering if with intent to influence a juror's vote,
opinion, decision, or other official action in a case, he
attempts to communicate directly or indirectly with a juror
other than as part of the proceedings in the trial of the case.
(2) Jury tampering is a gross misdemeanor. (1975 I st
ex.s. c 260 § 9A.72.140.]
a
9A.72.150 Tampering with physical evidence. (1)
A person is guilty of tampering with physical evidence if,
having reason to believe that an official proceeding is
pending or about to be instituted and acting without legal
right or authority, he:
(a) Destroys, mutilates, conceals, removes, or alters
physical evidence with intent to impair its appearance,
character, or availability in such pending or prospective
official proceeding; or
(b) Knowingly presents or offers any false physical
evidence.
(2) "Physical evidence" as used in this section includes
any article, object, document, record, or other thing of
physical substance.
(3) Tampering with physical evidence is a gross
misdemeanor. [1975 1st ex.s. c 260 § 9A.72.150.]
9A.76.010 Definitions. The following definitions are
applicable in this chapter unless the context otherwise
requires:
(1) "Custody" means restraint pursuant to a lawful arrest
or an order of a court, or any period of service on a work
crew: PROVIDED, That custody pursuant to chapter 13.34
RCW and RCW 74.13.020 and 74.13.031 and chapter
13.32A RCW shall not be deemed custody for purposes of
this chapter;
(2) "Detention facility" means any place used for the
confinement of a person (a) arrested for, charged with or
convicted of an offense, or (b) charged with being or
adjudicated to be a juvenile offender as defined in RCW
13.40.020 as now existing or hereafter amended, or (c) held
for extradition or as a material witness, or (d) otherwise
confined pursuant to an order of a court, except an order
under chapter 13.34 RCW or chapter 13.32A RCW, or (e) in
any work release, furlough, or other such facility 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. [1991 c 181 § 6; 1979 c 155 § 35; 1977 ex.s. c
291 § 53; 1975 1st ex.s. c 260 § 9A.76.010.]
9A.76.030 Refusing to summon aid for a peace
officer. (1) A person is guilty of refusing to summon aid
for a peace officer if, upon request by a person he knows to
be a peace officer, he unreasonably refuses or fails to
summon aid for such peace officer.
(2) Refusing to summon aid for a peace officer is a
misdemeanor. [1975 1st ex.s. c 260 § 9A.76.030.]
9A.76.040 Resisting arrest. (1) A person is guilty of
resisting arrest if he intentionally prevents or attempts to
prevent a peace officer from lawfully arresting him.
(2) Resisting arrest is a misdemeanor. [ 1975 1st ex.s.
c 260 § 9A.76.040.1
9A.76.050 Rendering criminal assistance—
Definition of term. As used in RCW 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 person who he knows
26 0�
has committed a crime or juvenile offenie or is being sought
by law enforcement officials for the commission of a crime
or juvenile offense or has escaped from a detention facility,
he:
(1) Harbors or conceals such person; or
(2) Warns such person of impending discovery or
apprehension; or
(3) Provides such person with money, transportation,
disguise, or other means of avoiding discovery or apprehen-
sion; 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. [1982 1st
ex.s. c 47 § 20; 1975 1st ex.s. c 260 § 9A.76.050.1
9A.76.060 Relative defined. As used in RCW
9A.76.070 and 9A.76.080, "relative" means a person:
(1) Who is related as husband or wife, brother or sister,
parent or grandparent, child or grandchild, step -child or step-
parent to the person to whom criminal assistance is rendered;
and
(2) Who does not render criminal assistance to another
person in one or more of the means defined in subsections
(4), (5), or (6) of RCW 9A.76.050. [ 1975 1 st ex.s. c 260 §
9A.76.060.1
9A.76.070 Rendering criminal assistance in the first
degree. (1) A person is guilty of rendering criminal
assistance in the first degree if he renders criminal assistance
to a person who has committed or is being sought for mur-
der in the first degree or any class A felony or equivalent
juvenile offense.
(2) Rendering criminal assistance in the first degree is:
(a) A gross misdemeanor if it is established by a
preponderance of the evidence that the actor is a relative as
defined in RCW 9A.76.060;
(b) A class C felony in all other cases. [1982 1st ex.s.
c 47 § 21; 1975 1st ex.s. c 260 § 9A.76.070.]
9A.76.080 Rendering criminal assistance in the
second degree. (1) A person is guilty of rendering criminal
assistance in the second degree if he renders criminal as-
sistance to a person who has committed or is being sought
for a class B or class C felony or an equivalent juvenile
offense or to someone being sought for violation of parole,
probation, or community supervision.
(2) Rendering criminal assistance in the second degree
is:
(a) A misdemeanor if it is established by a preponder-
ance of the evidence that the actor is a relative as defined in
RCW 9A.76.060;
(b) A gross misdemeanor in all other cases. [1982 1st
ex.s. c 47 § 22; 1975 1st ex.s. c 260 § 9A.76.080.]
9A.76.090 Rendering criminal assistance in the
third degree. (1) A person is guilty of rendering criminal
assistance in the third degree if he renders criminal as-
sistance to a person who has committed a gross misdemean-
or or misdemeanor.
(2) Rendering criminal assistance in the third degree is
a misdemeanor. [1975 1st ex.s. c 260 § 9A.76.090.]
oil
9A.76.100 Compounding. (1) A person is guilty of
compounding if:
(a) He requests, accepts, or agrees to accept any
pecuniary benefit pursuant to an agreement or understanding
that he will refrain from initiating a prosecution for a crime;
or
(b) He confers, or offers or agrees to confer, any
pecuniary benefit upon another pursuant to an agreement or
understanding that such other person will refrain from
initiating a prosecution for a crime.
(2) In any prosecution under this section, it is a defense
if established by a preponderance of the evidence that the
pecuniary benefit did not exceed an amount which the
defendant reasonably believed to be due as restitution or
indemnification for harm caused by the crime.
(3) Compounding is a gross misdemeanor. [1975 1st
ex.s. c 260 § 9A.76.100.]
9A.76.160 Introducing contraband in the third
degree. (1) A person is guilty of introducing contraband in
the third degree if he knowingly and unlawfully provides
contraband to any person confined in a detention facility.
(2) Introducing contraband in the third degree is a
misdemeanor. [1975 1st ex.s. c 260 § 9A.76.160.]
9A.76.170 Bail jumping. (1) Any person having been
released by court order or admitted to bail with the require-
ment of a subsequent personal appearance before any court
of this state, and who knowingly fails to appear as required
is guilty of bail jumping.
(2) Bail jumping is:
(a) A class A felony if the person was held for, charged
with, or convicted of murder in the first degree;
(b) A class B felony if the person was held for, charged
with, or convicted of a class A felony other than murder in
the first degree;
(c) A class C felony if the person was held for, charged
with, or convicted of a class B or class C felony;
(d) A misdemeanor if the person was held for, charged
with, or convicted of a gross misdemeanor or misdemeanor.
[1983 1st ex.s. c 4 § 3; 1975 1st ex.s. c 260 § 9A.76.170.]
9A.76.175 Making a false or misleading statement
to a public servant. A person who knowingly makes a
false or misleading material statement to a public servant is
guilty of a gross misdemeanor. "Material statement" means
a written or oral statement reasonably likely to be relied
upon by a public servant in the discharge of his or her
official powers or duties. [1995 c 285 § 32.]
9A.80.010 Official misconduct. (1) A public servant
is guilty of official misconduct if, with intent to obtain a
benefit or to deprive another person of a lawful right or
privilege:
(a) He intentionally commits an unauthorized act under
color of law; or
(b) He intentionally refrains from performing a duty
imposed upon him by law.
(2) Official misconduct is a gross misdemeanor. [1975-
'76 2nd ex.s. c 38 § 17; 1975 1st ex.s. c 260 § 9A.80.010.]
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 participates 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
weapon;
(b) A gross misdemeanor in all other cases. [1975 1st
ex.s. c 260 § 9A.84.010.]
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 substantial 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. [1975 1st
ex.s. c 260 § 9A.84.020.]
9A.84.040 False reporting. (1) A person is guilty of
false reporting if with knowledge that the information
reported, conveyed or circulated is false, he initiates or
circulates a false report or warning of an alleged occurrence
or impending occurrence of a fire, explosion, crime, catastro-
phe, or emergency knowing that such false report is likely to
cause evacuation of a building, place of assembly, or
transportation facility, or to cause public inconvenience or
alarm.
(2) False reporting is a gross misdemeanor. [1975 1st
ex.s. c 260 § 9A.84.040.]
9A.88.010 Indecent exposure. (1) A person is guilty
of indecent exposure if he intentionally 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) Indecent exposure is a misdemeanor unless such
person exposes himself to a person under the age of fourteen
years in which case indecent exposure is a gross misdemean-
or on the first offense and, if such person has previously
been convicted under this subsection or of a sex offense as
defined in RCW 9.94A.030, then such person is guilty of a
class C felony punishable under chapter 9A.20 RCW. [1990
c 3 § 904; 1987 c 277 § 1; 1975 1st ex.s. c 260 §
9A.88.010.1
9A.88.030 Prostitution. (1) A person is guilty of
prostitution if such person engages or agrees or offers to
engage in sexual conduct with another person in return for
a fee.
(2) For purposes of this section, "sexual conduct" means
"sexual intercourse" or "sexual contact," both as defined in
chapter 9A.44 RCW.
(3) Prostitution is a misdemeanor. [1988 c 145 § 16;
1979 ex.s. c 244 § 15; 1975 1st ex.s. c 260 § 9A.88.030.]
9A.88.050 Prostitution—Sex of parties immaterial—
No defense. In any prosecution for prostitution, the sex of
the two parties or prospective parties to the sexual conduct
engaged in, contemplated, or solicited is immaterial, and it
is no defense that:
(1) Such persons were of the same sex; or
(2) The person who received, agreed to receive, or
solicited a fee was a male and the person who paid or agreed
or offered to pay such fee was female. [1975 1st ex.s. c 260
§ 9A.88.050.1
9A.88.090 Permitting prostitution. (1) A person is
guilty of permitting prostitution if, having possession or
control of premises which he knows are being used for
prostitution purposes, he fails without lawful excuse to make
reasonable effort to halt or abate such use.
(2) Permitting prostitution is a misdemeanor. [1975 1st
ex.s. c 260 § 9A.88.090.]
16.52.011 Definitions—Principles of liability. (1)
Principles of liability as defined in chapter 9A.08 RCW
apply to this chapter.
(2) Unless the context clearly requires otherwise, the
definitions in this section apply throughout this chapter.
(a) "Animal" means any nonhuman mammal, bird,
reptile, or amphibian.
(b) "Animal care and control agency" means any city or
county animal control agency or authority authorized to
enforce city or county municipal ordinances regulating the
care, control, licensing, or treatment of animals within the
city or county, and any corporation organized under RCW
16.52.020 that contracts with a city or county to enforce the
city or county ordinances governing animal care and control.
(c) "Animal control officer" means any individual
employed, contracted, or appointed pursuant to RCW
16.52.025 by an animal care and control agency or humane
society to aid in the enforcement of ordinances or laws
regulating the care and control of animals. For purposes of
this chapter, the term "animal control officer" shall be
interpreted to include "humane officer" as defined in (e) of
this subsection and RCW 16.52.025.
(d) "Euthanasia" means the humane destruction of an
animal accomplished by a method that involves instanta-
neous unconsciousness and immediate death, or by a method
that causes painless loss of consciousness, and death during
the loss of consciousness.
(e) "Humane officer" means any individual employed,
contracted, or appointed by an animal care and control
agency or humane society as authorized under RCW
16.52.025.
(f) "Law enforcement agency" means a general authority
Washington law enforcement agency as defined in RCW
10.93.020.
(g) "Necessary food" means the provision at suitable
intervals of wholesome foodstuff suitable for the animal's
age and species and sufficient to provide a reasonable level
of nutnuon for the animal.
(h) "Owner" means a person who has a right, claim,
title, legal share, or right of possession to an animal or a
person having lawful control, custody, or possession of an
animal.
(i) "Person" means individuals, corporations, partner-
ships, associations, or other legal entities, and agents of
those entities. 2,r –1
0) "Substantial bodily harm" means substantial bodily
harm as defined in RCW 9A.04.110. [1994 c 261 § 2.]
16.52.117 Animal fighting—Owners, trainers,
spectators—Exceptions. (1) Any person who does any of
the following is guilty of a gross misdemeanor punishable by
imprisonment not to exceed one year, or by a fine not to
exceed five thousand dollars, or by both fine and imprison-
ment:
(a) Owns, possesses, keeps, or trains any animal with
the intent that the animal shall be engaged in an exhibition
of fighting with another animal;
(b) For amusement or gain causes any animal to fight
with another animal, or causes any animals to inure each
other; or
(c) Permits any act in violation of (a) or (b) of this
subsection to be done on any premises under his or her
charge or control, or promotes or aids or abets any such act.
(2) Any person who is knowingly present, as a specta-
tor, at any place or building where preparations are being
made for an exhibition of the fighting of animals, with the
intent to be present at such preparations, or is knowingly
present at such exhibition or at any other fighting or inuring
as described in subsection (1)(b) of this section, with the
intent to be present at such exhibition, fighting, or inuring,
is guilty of a misdemeanor
(3) Nothing in this section may prohibit the following:
(a) The use of dogs in the management of livestock, as
defined by chapter 16.57 RCW, by the owner of the live-
stock or the owner's employees or agents or other persons in
lawful custody of the livestock;
(b) The use of dogs in hunting as permitted by law; or
(c) The training of animals or the use of equipment in
the training of animals for any purpose not prohibited by
law. [1994 c 261 § 11; 1982 c 114 § 9.]
1652.190 Poisoning animals. (1) Except as provided
in subsections (2) and (3) of this section, a person is guilty
of the crime of poisoning animals if the person intentionally
or knowingly poisons an animal under circumstances which
do not constitute animal cruelty in the first degree.
(2) Subsection (1) of this section shall not apply to
euthanizing by poison an animal in a lawful and humane
manner by the animal's owner, or by a duly authorized
servant or agent of the owner, or by a person acting pursuant
to instructions from a duly constituted public authority.
(3) Subsection (1) of this section shall not apply to the
reasonable use of rodent or pest poison, insecticides, fungi-
cides, or slug bait for their intended purposes. As used in
this section, the term "rodent" includes but is not limited to
Columbia ground squirrels, other ground squirrels, rats, mice,
gophers, rabbits, and any other rodent designated as injurious
to the agricultural interests of the state as provided in
*chapter 17.16 RCW The term "pest" as used in this
section includes any pest as defined in RCW 17.21.020.
[ 1994 c 261 § 13; 1941 c 105 § 1; RRS § 3207-1 Formerly
RCW 16.52.150, part.]
1652.195 Poisoning animals—Penalty. Any person
violating any of the provisions of RCW 16.52.190 or
16.52.193 shall be guilty of a gross misdemeanor. [ 1941 c
105 § 3; RRS § 3207-3. Formerly RCW 16.52.150, part.]
16.52.207 Animal cruelty in the second degree. (1)
A person is guilty of animal cruelty in the second degree if,
under circumstances not amounting to first degree animal
cruelty, the person knowingly, recklessly, or with criminal
negligence inflicts unnecessary suffering or pain upon an
animal.
(2) An owner of an animal is guilty of animal cruelty in
the second degree if, under circumstances not amounting to
first degree animal cruelty, the owner knowingly, recklessly,
or with criminal negligence:
(a) Fails to provide the animal with necessary food,
water, shelter, rest, sanitation, ventilation, space, or medical
attention and the animal suffers unnecessary or unjustifiable
physical pain as a result of the failure; or
(b) Abandons the animal.
(3) Animal cruelty in the second degree is a misdemean-
or.
(4) In any prosecution of animal cruelty in the second
degree, it shall be an affirmative defense, if established by
the defendant by a preponderance of the evidence, that tate
defendant's failure was due to economic distress beyond the
defendant's control. [1994 c 261 § 9.]
1652.210 Destruction of animal by law enforcement
officer—Immunity from liability. This chapter shall not
limit the right of a law enforcement officer to destroy an
animal that has been seriously injured and would otherwise
continue to suffer. Such action shall be undertaken with
reasonable prudence and, whenever possible, in consultation
with a licensed veterinarian and the owner of the animal.
Law enforcement officers and licensed veterinarians
shall be immune from civil and criminal liability for actions
taken under this chapter if reasonable prudence is exercised
in carrying out the provisions of this chapter. [1987 c 335
§ 3.]
26.28.080 Selling or giving tobacco to minor—Belief
of representative capacity, no defense Penalty. Every
person who sells or Qives, or permits to be sold or given to
any person under the age of eighteen years any cigar, ciga-
rette, cigarette paper or wrapper, or tobacco in any form is
guilty of a gross misdemeanor.
It shall be no defense to a prosecution for a violation of
this section that the person acted, or was believed by the
defendant to act, as a-ent or representative of another
[ 1994 sp.s. c 7 § 437 Prior- 1987 c 250 § 2; 1987 c 204
§ 1; 1971 ex.s. c 292 § 37; 1919 c 17 § 1; 1911 c 133 § 1;
1909 ex.s c 27 § 1, 1909 c 249 § 193; 1901 c 122 § 1;
1895 c 126 §§ 1, 3 and 4; RRS § 2445. Formerly RCW
26.08.080, 26.08.090, and 26.08.100.]
66.04.010 Definitions. In this title, unless the context
otherwise requires:
(1) "Alcohol" is that substance known as ethyl alcohol,
hydrated oxide of ethyl, or spirit of wine, which is common-
ly produced by the fermentation or distillation of grain,
starch, molasses, or sugar, or other substances including all
dilutions and rmxtures of this substance. The term "alcohol"
does not include alcohol in the possession of a manufacturer
or distiller of alcohol fuel, as described in RCW 66.12.130,
which is intended to be denatured and used as a fuel for use
in motor vehicles, farm implements, and machines or
implements of husbandry.
2.9
(2) "Beer" means any malt beverage or malt liquor as
these terms are defined in this chapter.
(3) "Brewer' means any person engaged in the business
of manufacturing beer and malt liquor.
(4) "Board" means the liquor control board, constituted
under this title.
(5) "Club" means an organization of persons, incorporat-
ed or unincorporated, operated solely for fraternal, benevo-
lent, educational, athletic or social purposes, and not for
pecuniary gain.
(6) "Consume" includes the putting of liquor to any use,
whether by drinking or otherwise.
(7) "Dentist" means a practitioner of dentistry duly and
regularly licensed and engaged in the practice of his profes-
sion within the state pursuant to chapter 18.32 RCW.
(8) "Distiller" means a person engaged in the business
of distilling spirits.
(9) "Druggist" means any person who holds a valid
certificate and is a registered pharmacist and is duly and
regularly engaged in carrying on the business of pharma-
ceutical chemistry pursuant to chapter 18.64 RCW.
(10) "Drug store" means a place whose principal
business is, the sale of drugs, medicines and pharmaceutical
preparations and maintains a regular prescription department
and employs a registered pharmacist during all hours the
drug store is open.
(11) "Employee" means any person employed by the
board, including a vendor, as hereinafter in this section
defined.
(12) "Fund" means 'liquor revolving fund.'
(13) "Hotel" means every building or other structure
kept, used, maintained, advertised or held out to the public
to be a place where food is served and sleeping accommoda-
tions are offered for pay to transient guests, in which twenty
or more rooms are used for the sleeping accommodation of
such transient guests and having one or more dining rooms
where meals are served to such transient guests, such
sleeping accommodations and dining rooms being conducted
in the same building and buildings, in connection therewith,
and such structure or structures being provided, in the
judgment of the board, with adequate and sanitary kitchen
and dining room equipment and capacity, for preparing,
cooking and serving suitable food for its guests: PROVID-
ED FURTHER, That in cities and towns of less than five
thousand population, the board shall have authority to waive
the provisions requiring twenty or more rooms.
(14) "Imprisonment" means confinement in the county
jail.
(15) "Liquor" includes the four varieties of liquor herein
defined (alcohol, spirits, wine and beer), and all fermented,
spirituous, vinous, or malt liquor, or combinations thereof,
and mixed liquor, a part of which is fermented, spirituous,
vinous or malt liquor, or otherwise intoxicating; and every
liquid or solid or semisolid or other substance, patented or
not, containing alcohol, spirits, wine or beer, and all drinks
or drinkable liquids and all preparations or mixtures capable
of human consumption, and any liquid, semisolid, solid, or
other substance, which contains more than one percent of
alcohol by weight shall be conclusively deemed to be
intoxicating. Liquor does not include confections or food
products that contain one percent or less of alcohol by
weight.
(16) "Manufacturer" means a person engaged in the
preparation of liquor for sale, in any form whatsoever.
�W
(17) "Malt beverage" or "malvliquor" means any
beverage such as beer, ale, lager beer, stout, and porter
obtained by the alcoholic fermentation of an infusion or
decoction of pure hops, or pure extract of hops and pure
barley malt or other wholesome grain or cereal in pure water
containing not more than eight percent of alcohol by weight,
and not less than one-half of one percent of alcohol by
volume. For the purposes of this title, any such beverage
containing more than eight percent of alcohol by weight
shall be referred to as "strong beer."
(18) 'Package" means any container or receptacle used
for holding liquor.
(19) "Permit" means a permit for the purchase of liquor
under this title.
(20) "Person" means an individual, copartnership,
association, or corporation.
(21) "Physician" means a medical practitioner duly and
regularly licensed and engaged in the practice of his profes-
sion within the state pursuant to chapter 18.71 RCW.
(22) "Prescription" means a memorandum signed by a
physician and given by him to a patient for the obtaining of
liquor pursuant to this title for medicinal purposes.
(23) "Public place" includes streets and alleys of
incorporated cities and towns; state or county or township
highways or roads; buildings and grounds used for school
purposes; public dance halls and grounds adjacent thereto;
those parts of establishments where beer may be sold under
this title, soft drink establishments, public buildings, public
meeting halls, lobbies, halls and dining rooms of hotels,
restaurants, theatres, stores, garages and filling stations
which are open to and are generally used by the public and
to which the public is permitted to have unrestricted access;
railroad trains, stages, and other public conveyances of all
kinds and character, and the depots and waiting rooms used
in conjunction therewith which are open to unrestricted use
and access by the public; publicly owned bathing beaches,
parks, and/or playgrounds; and all other places of like or
similar nature to which the general public has unrestricted
right of access, and which are generally used by the public.
(24) "Regulauons" means regulations made by the board
under the powers conferred by this title.
(25) "Restaurant" means any establishment provided
with special space and accommodations where, in consider-
ation of payment, food, without lodgings, is habitually
furnished to the public, not including drug stores and soda
fountains.
(26) "Sale" and "sell" include exchange, barter, and
traffic; and also include the selling or supplying or distribut-
ing, by any means whatsoever, of liquor, or of any liquid
known or described as beer or by any name whatever
commonly used to describe malt or brewed liquor or of
wine, by any person to any person; and also include a sale
or selling within the state to a foreign consignee or his agent
in the state. "Sale" and "sell" shall not include the giving,
at no charge, of a reasonable amount of liquor by a person
not licensed by the board to a person not licensed by the
board, for personal use only. "Sale" and "sell" also does not
include a raffle authorized under RCW 9.46.0315: PRO-
VIDED, That the nonprofit organization conducting the raffle
has obtained the appropriate permit from the board.
(27) "Soda fountain" means a place especially equipped
with apparatus for the purpose of dispensing soft drinks,
whether mixed or otherwise.
30
(28) "Spirits" means any beverige which contains
alcohol obtained by distillation, including wines exceeding
twenty-four percent of alcohol by volume.
(29) "Store" means a state liquor store established under
this title.
(30) "Tavern" means any establishment with special
space and accommodation for sale by the glass and for
consumption on the premises, of beer, as herein defined.
(31) "Vendor" means a person employed by the board
as a store manager under this title.
(32) "Winery" means a business conducted by any
person for the manufacture of wine for sale, other than a
domestic winery
(33) "Domestic winery" means a place where wines are
manufactured or produced within the state of Washington.
(34) "Wine" means any alcoholic beverage obtained by
fermentation of fruits (grapes, berries, apples, etcetera) or
other agricultural product containing sugar, to which any
saccharine substances may have been added before, during
or after fermentation, and containing not more than twenty-
four percent of alcohol by volume, including sweet wines
fortified with wine spirits, such as port, sherry, muscatel and
angelica, not exceeding twenty-four percent of alcohol by
volume and not less than one-half of one percent of alcohol
by volume. For purposes of this title, any beverage contain-
ing no more than fourteen percent of alcohol by volume
when bottled or packaged by the manufacturer shall be
referred to as "table wine," and any beverage containing
alcohol in an amount more than fourteen percent by volume
when bottled or packaged by the manufacturer shall be
referred to as "fortified wine." However, "fortified wine"
shall not include: (a) Wines that are both sealed or capped
by cork closure and aged two years or more; and (b) wines
that contain more than fourteen percent alcohol by volume
solely as a result of the natural fermentation process and that
have not been produced with the addition of wine spirits,
brandy, or alcohol.
This subsection shall not be interpreted to require that
any wine be labeled with the designation "table wine" or
"fortified wine."
(35) "Beer wholesaler" means a person who buys beer
from a brewer or brewery located either within or beyond
the boundaries of the state for the purpose of selling the
same pursuant to this title, or who represents such brewer or
brewery as agent.
(36) "Wine wholesaler" means a person who buys wine
from a vintner or winery located either within or beyond the
boundaries of the state for the purpose of selling the same
not in violation of this title, or who represents such vintner
or winery as agent. [1991 c 192 § 1; 1987 c 386 § 3; 1984
c 78 § 5; 1982 c 39 § l; 1981 1st ex.s. c 5 § 1; 1980 c 140
§ 3; 1969 ex.s. c 21 § 13; 1935 c 158 § 1; 1933 ex.s. c 62
§ 3; RRS § 7306-3. Formerly RCW 66.04.010 through
66.04.380.1
66.28.200 Keg registration—Requirements of seller.
Licensees holding a class A or B license in combination with
a class E license may sell malt liquor in kegs or other
containers capable of holding four gallons or more of liquid.
Any person who sells or offers for sale the contents of kegs
or other containers containing four gallons or more of malt
liquor, or leases kegs or other containers that will hold four
gallons of malt liquor, to consumers who are not licensed
under chapter 66.24 RCW shall do the following for any
�transaction involving the container:
SCJ
(1) Require the purchaser -of the malt liquor to sign a
declaration and receipt for the keg or other container or
beverage in substantially the form provided in RCW
66.28.220;
(2) Require the purchaser to provide one piece of
identification pursuant to RCW 66.16.040;
(3) Require the purchaser to sign a sworn statement,
under penalty of perjury, that:
(a) The purchaser is of legal age to purchase, possess,
or use malt liquor;
(b) The purchaser will not allow any person under the
age of twenty-one years to consume the beverage except as
provided by RCW 66.44.270;
(c) The purchaser will not remove, obliterate, or allow
to be removed or obliterated, the identification required
under RCW 66.28.220 to be affixed to the container;
(4) Require the purchaser to state the particular address
where the malt liquor will be consumed, or the particular
address where the keg or other container will be physically
located; and
(5) Require the purchaser to maintain a copy of the
declaration and receipt next to or adjacent to the keg or other
container, in no event a distance greater than five feet, and
visible without a physical barrier from the keg, during the
time that the keg or other container is in the purchaser's
possession or control. [1993 c 21 § 2; 1989 c 271 § 229.]
66.28.210 Keg registration --Requirements of
purchaser. Any person who purchases the contents of kegs
or other containers containing four gallons or more of malt
liquor, or purchases or leases the container shall:
(1) Sign a declaration and receipt for the keg or other
container or beverage in substantially the form provided in
RCW 66.28.220;
(2) Provide one piece of identification pursuant to RCW
66.16.040;
(3) Be of legal age to purchase, possess, or use malt
liquor;
(4) Not allow any person under the age of twenty-one
to consume the beverage except as provided by RCW
66.44.270;
(5) Not remove, obliterate, or allow to be removed or
obliterated, the identification required under rules adopted by
the board;
(6) Not move, keep, or store the keg or its contents,
except for transporting to and from the distributor, at any
place other than that particular address declared on the
receipt and declaration; and
(7) Maintain a copy of the declaration and receipt next
to or adjacent to the keg or other container, in no event a
distance greater than five feet, and visible without a physical
barrier from the keg, during the time that the keg or other
container is in the purchaser's possession or control. [1989
c 271 § 230.]
66.28.230 Keg registration—Penalties. (1) Except as
provided in subsection (2) of this section, the violation of
any provisions of RCW 66.28.200 through 66.28.220 is
punishable by a fine of not more than five hundred dollars.
(2) Except as provided in RCW 66.44.270, a person
who intentionally furnishes a keg or other container contain-
ing four or more gallons of malt liquor to a minor is liable,
on conviction, for a first offense for a penalty of not more
than five hundred dollars, or for imprisonment for not more
than two months, or both; for a second offense for a penalty
of not more than five hundred dollars or imprisonment for
not more than six months, or both; and for a third or
subsequent offense for a penalty of not more than five
hundred dollars or imprisonment for more than one year, or
both. [1989 c 271 § 232.]
66.44.100 Opening or consuming liquor in public
place Penalty. Except as permitted by this title, no person
shall open the package containing liquor or consume liquor
in a public place. Every person who violates any provision
of this section shall be guilty of a misdemeanor, and on
conviction therefor shall be fined not more than one hundred
dollars. [ 1981 1st ex.s. c 5 § 21; 1933 ex.s. c 62 § 34; RRS
§ 7306-34.]
66.44.150 Buying liquor illegally. If any person in
this state buys alcoholic beverages from any person other
than the board, a state liquor store, or some person autho-
rized by the board to sell them, he shall be guilty of a mis-
demeanor. [ 1955 c 289 § 5. Prior: 1939 c 172 § 6(4);
1935 c 174 § 15(4); 1933 ex.s. c 62 § 92(4); RRS § 7306-
92(4).]
66.44.180 General penalties—Jurisdiction for
violations. Every person guilty of a violation of this title for
which no penalty has been specifically provided shall be
liable, on conviction, for a first offense to a penalty of not
more than five hundred dollars, or to imprisonment for not
more than two months, or both; for a second offense to
imprisonment for not more than six months; and for a third
or subsequent offense to imprisonment for not more than one
year. If the offender convicted of an offense referred to in
this section is a corporation, it shall for a first offense be
liable to a penalty of not more than five thousand dollars,
and for a second or subsequent offense to a penalty of not
more than ten thousand dollars, or to forfeiture of its
corporate license, or both.
Every district judge and municipal judge shall have
concurrent jurisdiction with superior court judges of the state
of Washington of all violations of the provisions of this title
and may impose any punishment provided therefor [ 1987
c 202 § 225; 1981 1st ex.s. c 5 § 22; 1935 c 174 § 16; 1933
ex.s. c 62 § 93; RRS § 7306-93.1
66.44.200 Sales to persons apparently under the
influence of liquor. No person shall sell any liquor to any
person apparently under the influence of liquor [1933 ex.s.
c 62 § 36. RRS § 7306-36.1
66.44.240 Drinking in public conveyance—Penalty
against carrier—Exception. Every person engaged wholly
or in part in the business of carrying passengers for hire, and
every agent, servant, or employee of such person, who
knowingly permits any person to drink any intoxicating
liquor in any public conveyance, except in the compartment
where such liquor is sold or served under the authority of a
license lawfully issued, is guilty of a misdemeanor. This
section does not apply to a public conveyance that is
commercially chartered for group use or a for -hire vehicle
licensed under city, county, or state law. [1983 c 165 § 29;
1909 c 249 § 442; RRS § 2694.]
3Iof3/
66.44.250 Drinking in public conveyance Penalty
against individual—Restricted application. Every person
who drinks any intoxicating liquor in any public conveyance,
except in a compartment or place where sold or served under
the authority of a license lawfully issued, is guilty of a
misdemeanor. With respect to a public conveyance that is
commercially chartered for group use and with respect to a
for -hire vehicle licensed under city, county, or state law, this
section applies only to the driver of the vehicle. [ 1983 c 165
§ 30; 1909 c 249 § 441; RRS § 2693.]
66.44.270 Furnishing liquor to minors—Possession,
use Exhibition of effects—Exceptions. (1) It is unlawful
for any person to sell, give, or otherwise supply liquor to
any person under the age of twenty-one years or permit any
person under that age to consume liquor on his or her
premises or on any premises under his or her control. For
the purposes of this subsection, "premises" includes real
property, houses, buildings, and other structures, and motor
vehicles and watercraft.
(2)(a) It is unlawful for any person under the age of
twenty-one years to possess, consume, or otherwise acquire
any liquor.
(b) It is unlawful for a person under the age of twenty-
one years to be in a public place, or to be in a motor vehicle
in a public place, while exhibiting the effects of having
consumed liquor. For purposes of this subsection, exhibiting
the effects of having consumed liquor means that a person
has the odor of liquor on lus or her breath and either: (i) Is
in possession of or close proximity to a container that has or
recently had liquor in it; or (ii) by speech, manner, appear-
ance, behavior, lack of coordination, or otherwise, exhibits
that he or she is under the influence of liquor. This subsec-
tion (2)(b) does not apply if the person is in the presence of
a parent or guardian or has consumed or is consuming liquor
under circumstances described in subsection (4) or (5) of this
section.
(3) Subsections (1) and (2)(a) of this section do not
apply to liquor given or permitted to be given to a person
under the age of twenty-one years by a parent or guardian
and consumed in the presence of the parent or guardian.
This subsection shall not authorize consumption or posses-
sion of liquor by a person under the age of twenty-one years
on any premises licensed under chapter 66.24 RCW.
(4) This section does not apply to liquor given for
medicinal purposes to a person under the age of twenty-one
years by a parent, guardian, physician, or dentist.
(5) This section does not apply to liquor given to a
person under the age of twenty-one years when such liquor
is being used in connection with religious services and the
amount consumed is the minimal amount necessary for the
religious service.
(6) Conviction or forfeiture of bail for a violation of this
section by a person under the age of twenty-one years at the
time of such conviction or forfeiture shall not be a disqualifi-
cation of that person to acquire a license to sell or dispense
any liquor after that person has attained the age of twenty-
one years. [1993 c 513 § 1; 1987 c 458 § 3; 1955 c 70 § 2.
Prior: 1935 c 174 § 6(1); 1933 ex.s. c 62 § 37(1); RRS §
7306-37(1), prior: Code 1881 § 939; 1877 p 205 § 5.]
66.44.290 Minor purchasing or attempting to
purchase liquor. Every person under the age of twenty-one
years who purchases or attempts to purchase liquor shall be
guilty of a violation of this title. [1965 c 49 § 1; 1955 c 70
§ 4. Prior: 1935 c 174 § 6(1); 1933 ex.s. c 62 § 37(1);
RRS § 7306-37(1).]
66.44.291 Minor purchasing or attempting to
purchase liquor—Penalty against persons between ages
of eighteen and twenty, inclusive. Every person between
the ages of eighteen and twenty, inclusive, who is convicted
of a violation of RCW 66.44.290 is guilty of a misdemeanor
punishable as provided by RCW 9A.20.021, except that a
minimum fine of two hundred fifty dollars shall be imposed
and any sentence requiring community service shall require
not fewer than twenty-five hours of such service. [1987 c
101 § 1; 1965 c 49 § 2.1
66.44.300 Treats, gifts, purchases of liquor for or
from minor, or holding out minor as at least twenty-one,
in public place where liquor sold. Any person who invites
a minor into a public place where liquor is sold and treats,
gives or purchases liquor for such minor, or permits a minor
to treat, give or purchase liquor for the adult; or holds out
such minor to be twenty-one years of age or older to the
owner or employee of the liquor establishment, a law en-
forcement officer, or a liquor enforcement officer shall be
guilty of a misdemeanor. [1994 c 201 § 7; 1941 c 78 § 1;
Rem. Supp. 1941 § 7306-37A.]
66.44.310 Minors frequenting off-limits area—
Misrepresentation of age—Penalty—Classification of
licensees. (1) Except as otherwise provided by RCW
66.44.316 and 66.44.350, it shall be a misdemeanor:
(a) To serve or allow to remain in any area classified by
the board as off-limits to any person under the age of
twenty-one years;
(b) For any person under the age of twenty-one years to
enter or remain in any area classified as off-limits to such a
person. but persons under twenty-one years of age may pass
through a restricted area in a facility holding a class H club
license;
(c) For any person under the age of twenty-one years to
represent his or her age as being twenty-one or more years
for the purpose of purchasing liquor or securing admission
to, or remaining in any area classified by the board as off-
limits to such a person.
(2) The Washington state liquor control board shall have
the power and it shall be its duty to classify licensed
premises or portions of licensed premises as off-limits to
persons under the age of twenty-one years of age. [1994 c
201 § 8; 1981 1st ex.s. c 5 § 24; 1943 c 245 § 1 (adding
new section 36-A to 1933 ex.s. c 62); Rem. Supp. 1943 §
7306-36A. Formerly RCW 66.24.130 and 66.44.310.]
66.44.320 Sales of liquor to minors a violation.
Every person who shall sell any intoxicating liquor to any
minor shall be guilty of a violation of Title 66 RCW. [1973
1st ex.s. c 209 § 19; 1933 c 2 § 1; 1929 c 200 § 1; RRS §
7328-1.]
3a of %
66.44.325 Unlawful transfer to a minor of an
identification of age. Any person who transfers in any
manner an identification of age to a minor for the purpose of
permitting such minor to obtain alcoholic beverages shall be
guilty of a misdemeanor punishable as provided by RCW
9A.20.021, except that a minimum fine of two hundred fifty
dollars shall be imposed and any sentence requiring commu-
nity service shall require not fewer than twenty-five hours of
such service: PROVIDED, That corroborative testimony of
a witness other than the minor shall be a condition precedent
to conviction. [ 1987 c 101 § 2, 1961 c 147 § 1.1
66.44.328 Preparation or acquisition and supply to
persons under age twenty-one of facsimile of official
identification card—Penalty. No person may forge, alter,
counterfeit, otherwise prepare or acquire and supply to a
person under the age of twenty-one years a facsimile of any
of the officially issued cards of identification that are
required for presentation under RCW 66.16 040 A violation
of this section is a gross misdemeanor punishable as provid-
ed by RCW 9A.20.021 except that a minimum fine of two
thousand five hundred dollars shall be imposed. [1987 c 101
§ 3.1
69.50.101 Definitions. Unless the context clearly
requires otherwise, definitions of terms shall be as indicated
where used in this chapter:
(a) "Administer" means to apply a controlled substance,
whether by infection, inhalation, ingestion, or any other
means, directly to the body of a patient or research subject
by:
(1) a practitioner authorized to prescribe (or, by the
practitioner's authorized agent); or
(2) the patient or research subject at the direction and in
the presence of the practitioner.
(b) "Agent" means an authorized person who acts on
behalf of or at the direction of a manufacturer, distributor, or
dispenser. It does not include a common or contract carrier,
public warehouseperson, or employee of the carrier or
warehouseperson.
(c) "Board" means the state board of pharmacy.
(d) "Controlled substance" means a drug, substance, or
immediate precursor included in Schedules I through V as
set forth in federal or state laws, or federal or board rules.
(e)(1) "Controlled substance analog" means a substance
the chemical structure of which is substantially similar to the
chemical structure of a controlled substance in Schedule I or
II and:
(i) that has a stimulant, depressant, or hallucinogenic ef-
fect on the central nervous system substantially similar to the
_stimulant, depressant, or hallucinogenic effect on the central
nervous system of a controlled substance included in
Schedule I or II; or
(ii) with respect to a particular individual, that the
individual represents or intends to have a stimulant, depres-
sant, or hallucinogenic effect on the central nervous system
substantially similar to the stimulant, depressant, or halluci-
nogenic effect on the central nervous system of a controlled
substance included in Schedule I or II.
(2) The term does not include:
(i) a controlled substance;
(ii) a substance for which there is an approved new drug
application;
(iii) a substance with respect to which an exemption is
in effect for investigational use by a particular person under
Section 505 of the federal Food, Drug and Cosmeuc Act, 21
U.S.C. Sec. 355, to the extent conduct with respect to the
substance is pursuant to the exemption; or
(iv) any substance to the extent not intended for human
consumption before an exemption takes effect with respect
to the substance.
(f) "Deliver" or "delivery," means the actual or construc-
tive transfer from one person to another of a substance,
whether or not there is an agency relationship.
(g) "Department" means the department of health.
(h) "Dispense" means the interpretation of a prescription
or order for a controlled substance and, pursuant to that
prescription or order, the proper selection, measuring,
compounding, labeling, or packaging necessary to prepare
that prescription or order for delivery.
(i) "Dispenser" means a practitioner who dispenses.
0) "Distribute" means to deliver other than by adminis-
tering or dispensing a controlled substance.
(k) "Distributor" means a person who distributes.
(1) "Drug" means (1) a controlled substance recognized
as a drug in the official United States pharmacopoe-
ia/national formulary or the official homeopathic pharmaco-
poeia of the United States, or any supplement to them; (2)
controlled substances intended for use in the diagnosis, cure,
mitigation, treatment, or prevention of disease in individuals
or animals; (3) controlled substances (other than food)
intended to affect the structure or any function of the body
of individuals or animals; and (4) controlled substances
intended for use as a component of any article specified in
(1), (2), or (3) of this subsection. The term does not include
devices or their components, parts, or accessories.
(m) "Drug enforcement administration" means the drug
enforcement administration in the United States Department
of Justice, or its successor agency.
(n) "Immediate precursor' means a substance:
(1) that the state board of pharmacy has found to be and
by rule designates as being the principal compound common-
ly used, or produced primarily for use, in the manufacture of
a controlled substance;
(2) that is an immediate chemical intermediary used or
likely to be used in the manufacture of a controlled sub-
stance; and
(3) the control of which is necessary to prevent, curtail,
or limit the manufacture of the controlled substance.
(o) "Isomer" means an optical isomer, but in RCW
69.50.101(r)(5), 69.50.204(a) (12) and (34), and
69.50.206(a)(4), the term includes any geometrical isomer;
in RCW 69.50.204(a) (8) and (42), and 69.50.210(c) the
term includes any positional isomer; and in RCW
69.50.204(a)(35), 69.50.204(c), and 69.50.208(a) the term
includes any positional or geometric isomer.
(p) "Manufacture" means the production, preparation,
propagation, compounding, conversion, or processing of a
controlled substance, either directly or indirectly or by
extraction from substances of natural origin, or independently
by means of chemical synthesis, or by a combination of
extraction and chemical synthesis, and includes any packag-
ing or repackaging of the substance or labeling or relabeling
of its container. The term does not include the preparation,
compounding, packaging, repackaging, labeling, or relabeling
of a controlled substance:
(1) by a practitioner as an'mcident to the practitioner's
administering or dispensing of a controlled substance in the
course of the practitioner's professional practice; or
(2) by a practitioner, or by the practitioner's authorized
agent under the practitioner's supervision, for the purpose of,
or as an incident to, research, teaching, or chemical analysis
and not for sale.
(q) "Marijuana" or "marihuana' means all parts of the
plant Cannabis, whether growing or not; the seeds thereof;
the resin extracted from any part of the plant; and every
compound, manufacture, salt, derivative, mixture, or prepara-
tion of the plant, its seeds or resin. The term does not
include the mature stalks of the plant, fiber produced from
the stalks, oil or cake made from the seeds of the plant, any
other compound, manufacture, salt, derivative, mixture, or
preparation of the mature stalks (except the resin extracted
therefrom), fiber, oil, or cake, or the sterilized seed of the
plant which is incapable of germination.
(r) "Narcotic drug" means any of the following, whether
produced directly or indirectly by extraction from substances
of vegetable origin, or independently by means of chemical
synthesis, or by a combination of extraction and chemical
synthesis:
(1) Opium, opium derivative, and any derivative of
opium or opium derivative, including their salts, isomers,
and salts of isomers, whenever the existence of the salts,
isomers, and salts of isomers is possible within the specific
chemical designation. The term does not include the
isoquinoline alkaloids of opium.
(2) Synthetic opiate and any derivative of synthetic
opiate, including their isomers, esters, ethers, salts, and salts
of isomers, esters, and ethers, whenever the existence of the
isomers, esters, ethers, and salts is possible within the
specific chemical designation.
(3) Poppy straw and concentrate of poppy straw.
(4) Coca leaves, except coca leaves and extracts of coca
leaves from which cocaine, ecgonine, and derivatives or
ecgonine or their salts have been removed.
(5) Cocaine, or any salt, isomer, or salt of isomer
thereof.
(6) Cocaine base.
(7) Ecgonine, or any derivative, salt, isomer, or salt of
isomer thereof.
(8) Any compound, mixture, or preparation containing
any quantity of any substance referred to in subparagraphs
(1) through (7).
(s) "Opiate" means any substance having an addiction -
forming or addiction -sustaining liability similar to morphine
or being capable of conversion into a drug having addiction -
forming or addiction -sustaining liability. The term includes
opium, substances derived from opium (opium derivatives),
and synthetic opiates. The term does not include, unless
specifically designated as controlled under RCW 69.50.201,
the dextrorotatory isomer of 3 -methoxy -n -methylmorphinan
and its salts (dextromethorphan). The tenni includes the
racemic and levorotatory forms of dextromethorphan.
(t) "Opium poppy" means the plant of the species
Papaver somniferum L., except its seeds.
(u) "Person" means individual, corporation, business
trust, estate, trust, partnership, association, point venture,
government, governmental subdivision or agency, or any
other legal or commercial entity.
(v) "Poppy straw" means all parts, except the seeds, of
the opium poppy, after mowing.
(w) "Practitioner" means:
(1) A physician under chapter 18.71 RCW, a physician
assistant under chapter 18.71A RCW, an osteopathic physi-
cian and surgeon under chapter 18.57 RCW, a dentist under
chapter 18.32 RCW, a podiatric physician and surgeon under
chapter 18.22 RCW, a veterinarian under chapter 18.92
RCW, a registered nurse, advanced registered nurse practitio-
ner, or licensed practical nurse under chapter 18.79 RCW, a
pharmacist under chapter 18.64 RCW or a scientific investi-
gator under this chapter, licensed, registered or otherwise
permitted insofar as is consistent with those licensing laws
to distribute, dispense, conduct research with respect to or
administer a controlled substance in the course of their
professional practice or research in this state.
(2) A pharmacy, hospital or other institution licensed,
registered, or otherwise permitted to distribute, dispense,
conduct research with respect to or to administer a controlled
substance in the course of professional practice or research
in this state.
(3) A physician licensed to practice medicine and
surgery, a physician licensed to practice osteopathic medicine
and surgery, a dentist licensed to practice dentistry, a
podiatric physician and surgeon licensed to practice podiatric
medicine and surgery, or a veterinarian licensed to practice
veterinary medicine in any state of the United States.
(x) "Prescription" means an order for controlled sub-
stances issued by a practitioner duly authorized by law or
rule in the state of Washington to prescribe controlled
substances within the scope of his or her professional
practice for a legitimate medical purpose.
(y) "Production" includes the manufacturing, planting,
cultivating, growing, or harvesting of a controlled substance.
(z) "Secretary" means the secretary of health or the
secretary's designee.
(aa) "State," unless the context otherwise requires,
means a state of the United States, the District of Columbia,
the Commonwealth of Puerto Rico, or a territory or insular
possession subject to the junsdiction of the United States.
(bb) "Ultimate user" means an individual who lawfully
possesses a controlled substance for the individual's own use
or for the use of a member of the individual's household or
for administering to an animal owned by the individual or by
a member of the individual's household. [1996 c 178 § l8;
1994 sp.s. c 9 § 739; 1993 c 187 § 1. Prior: 1990 c 248 §
1; 1990 c 219 § 3; 1990 c 196 § 8; 1989 1st ex.s. c 9 § 429;
1987 c 144 § 2; 1986 c 124 § 1; 1984 c 153 § 18; 1980 c 71
§ 2; 1973 2nd ex.s. c 38 § 1; 1971 ex.s. c 308 § 69.50.101.]
69.50.102 Drug paraphernalia—Definitions. (a) As
used in this chapter, "drug paraphernalia" means all equip-
ment, products, and materials of any kind which are used,
intended for use, or designed for use in planting, propagat-
ing, cultivating, growing, harvesting, manufacturing, com-
pounding, converting, producing, processing, preparing,
testing, analyzing, packaging, repackaging, storing, contain-
ing, concealing, injecting, ingesting, inhaling, or otherwise
introducing into the human body a controlled substance. It
includes, but is not limited to:
(1) Kits used, intended for use, or designed for use in
planting, propagating, cultivating, growing, or harvesting of
any species of plant which is a controlled substance or from
which a controlled substance can be derived;
(2) Kits used, intended for use, or designed for use in
manufacturing, compounding, converting, producing,
processing, or preparing controlled substances,
(3) Isomerization devices used; intended for use, or
designed for use in increasing the potency of any species of
plant which is a controlled substance;
(4) Testing equipment used, intended for use, or
designed for use in identifying or in analyzing the strength,
effectiveness, or purity of controlled substances;
(5) Scales and balances used, intended for use, or
designed for use in weighing or measuring controlled
substances;
(6) Diluents and adulterants, such as quinine hydrochlo-
ride, mannitol, mannite, dextrose, and lactose, used, intended
for use, or designed for use in cutting controlled substances;
(7) Separation gins and sifters used, intended for use, or
designed for use in removing twigs and seeds from, or in
otherwise cleaning or refining, marihuana,
(8) Blenders, bowls, containers, spoons, and mixing
devices used, intended for use, or designed for use in
compounding controlled substances;
(9) Capsules, balloons, envelopes, and other containers
used, intended for use, or designed for use in packaging
small quantities of controlled substances;
(10) Containers and other objects used, intended for use,
or designed for use in storing or concealing controlled
substances;
(11) Hypodermic syringes, needles, and other objects
used, intended for use, or designed for use in parenterally
injecting controlled substances into the human body;
(12) Objects used, intended for use, or designed for use
in ingesting, inhaling, or otherwise introducing marihuana,
to use the object to facilitate a violation of this chapter; the
innocence of an owner, or of anyone in control of the object,
as to a direct violation of this chapter shall not prevent a
finding that the object is intended or designed for use as
drug paraphernalia;
(7) Instructions, oral or written, provided with the object
concerning its use;
(8) Descriptive materials accompanying the object which
explain or depict its use,
(9) National and local advertising concerning its use;
(10) The manner in which the object is displayed for
sale;
(1 1) Whether the owner, or anyone in control of the
object, is a legitimate supplier of like or related items to the
community, such as a licensed distributor or dealer of
tobacco products;
(12) Direct or circumstantial evidence of the ratio of
sales of the object(s) to the total sales of the business
enterprise;
(13) The existence and scope of legitimate uses for the
object in the community; and
(14) Expert testimony concerning its use. (1981 c 48 §
6950.401 Prohibited acts: A—Penalties. (a) Except
as authorized by this chapter, it is unlawful for any person
to manufacture, deliver, or possess with intent to manufac-
ture or deliver, a controlled substance.
(1) Any person who violates this subsection with respect
to
cocaine, hashish, or hashish oil into the human body, such
(i) a controlled substance classified in Schedule I or II
as:
which is a narcotic drug, is guilty of a crime and upon
(i) Metal, wooden, acrylic, glass, stone, plastic, or
conviction may be imprisoned for not more than ten years,
ceramic pipes with or without screens, permanent screens,
or (A) fined not more than twenty-five thousand dollars if
hashish heads, or punctured metal bowls;
the crime involved less than two kilograms of the drug, or
(ii) Water pipes;
both such imprisonment and fine; or (B) if the crime
(iii) Carburetion tubes and devices;
involved two or more kilograms of the drug, then fined not
(iv) Smoking and carburetion masks;
more than one hundred thousand dollars for the first two
(v) Roach clips: Meaning objects used to hold burning
kilograms and not more than fifty dollars for each gram in
material, such as a marihuana cigarette, that has become too
excess of two kilograms, or both such imprisonment and
small or too short to be held in the hand;
fine;
(vi) Miniature cocaine spoons, and cocaine vials;
(ii) methamphetamine, is guilty of a crime and upon
(vii) Chamber pipes;
conviction may be imprisoned for not more than ten years,
(viii) Carburetor pipes;
or (A) fined not more than twenty-five thousand dollars if
(ix) Electric pipes;
the crime involved less than two kilograms of the drug, or
(x) Air -driven pipes;
both such imprisonment and fine; or (B) if the crime
(xi) Chillums;
involved two or more kilograms of the drug, then fined not
(xii) Bongs; and
(xiii) Ice pipes or chillers.
_more than one hundred thousand dollars for the first two
(b) In determining whether an object is drug parapherna-
kilograms and not more than fifty dollars for, each gram in
excess of two kilograms, or both such imprisonment and
lia under this section, a court or other authority should
fine;
consider, in addition to all other logically relevant factors,
(iii) any other controlled substance classified in Sched-
the following:
(1) Statements by an owner or by anyone in control of
ule I, II, or III, is guilty of a crime and upon conviction may
be imprisoned for not more than five years, fined not more
the object concerning its use;
(2) Prior convictions, if any, of an owner, or of anyone
than ten thousand dollars, or both;
in control of the object, under any state or federal law
(iv) a substance classified in Schedule IV, is guilty of
a crime and upon conviction may be imprisoned for not
relating to any controlled substance;
(3) The proximity of the object, in time and space, to a
more than five years, fined not more than ten thousand
direct violation of this chapter;
dollars, or both;
(v) a substance classified in Schedule V, is guilty of a
(4) The proximity of the object to controlled substances;
crime and upon conviction may be imprisoned for not more
(5) The existence of any residue of controlled substanc-
than five years, fined not more than ten thousand dollars, or
es on the object;
both.
(6) Direct or circumstantial evidence of the intent of an
(b) Except as authorized by this chapter, it is unlawful
owner, or of anyone in control of the object, to deliver it to
for any person to create, deliver, or possess a counterfeit
persons whom he knows, or should reasonably know, intend
substance.
-�>5 0� --Z)8
(1) Any person who violates this subsection with respect
to:
(i) a counterfeit substance classified in Schedule I or II
which is a narcotic drug, is guilty of a crime and upon
conviction may be imprisoned for not more than ten years,
fined not more than twenty-five thousand dollars, or both;
(ii) a counterfeit substance which is methamphetamine,
is guilty of a crime and upon conviction may be imprisoned
for not more than ten years, fined not more than twenty-five
thousand dollars, or both;
(iii) any other counterfeit substance classified in
Schedule I, II, or III, is guilty of a crime and upon convic-
tion may be imprisoned for not more than five years, fined
not more than ten thousand dollars, or both;
(iv) a counterfeit substance classified in Schedule IV, is
guilty of a crime and upon conviction may be imprisoned for
not more than five years, fined not more than ten thousand
dollars, or both;
(v) a counterfeit substance classified in Schedule V, is
guilty of a crime and upon conviction may be imprisoned for
not more than five years, fined not more than ten thousand
dollars, or both.
(c) It is unlawful, except as authorized in this chapter
and chapter 69.41 RCW, for any person to offer, arrange, or
negotiate for the sale, gift, delivery, dispensing, distribution,
or administration of a controlled substance to any person and
then sell, give, deliver, dispense, distribute, or administer to
that person any other liquid, substance, or material in lieu of
such controlled substance. Any person who violates this
subsection is guilty of a crime and upon conviction may be
imprisoned for not more than five years, fined not more than
ten thousand dollars, or both.
(d) It is unlawful for any person to possess a controlled
substance unless the substance was obtained directly from,
or pursuant to, a valid prescription or order of a practitioner
while acting in the course of his or her professional practice,
or except as otherwise authorized by this chapter. Any
person who violates this subsection is guilty of a crime, and
upon conviction may be imprisoned for not more than five
years, fined not more than ten thousand dollars, or both,
except as provided for in subsection (e) of this section.
(e) Except as provided for in subsection (a)(1) (iii) of
this section any person found guilty of possession of forty
grams or less of marihuana shall be guilty of a misdemeanor.
(f) It is unlawful to compensate, threaten, solicit, or in
any other manner involve a person under the age of eighteen
years in a transaction unlawfully to manufacture, sell, or
deliver a controlled substance. A violation of this subsection
shall be punished as a class C felony punishable in accor-
dance with RCW 9A.20.021.
This section shall not apply to offenses defined and
punishable under the provisions of RCW 69.50.410. [1996
c 205 § 2; 1989 c 271 § 104; 1987 c 458 § 4; 1979 c 67 §
l; 1973 2nd ex.s. c 2 § 1; 1971 ex.s. c 308 § 69.50.401.1
69.50.408 Second or subsequent offenses. (a) Any
person convicted of a second or subsequent offense under
this chapter may be imprisoned for a term up to twice the
term otherwise authorized, fined an amount up to twice that
otherwise authorized, or both.
(b) For purposes of this section, an offense is considered
a second or subsequent offense, if, prior to his conviction of
the offense, the offender has at any time been convicted
under this chapter or under any statute of the United States
or of any state relating to narcotic drugs, marihuana, depres-
sant, stimulant, or hallucinogenic drugs.
(c) This section does not apply to offenses under RCW
69.50.401(d). [1989 c 8 § 3; 1971 ex.s. c 308 § 69.50.408.]
69.50.412 Prohibited acts: E ---Penalties. (1) It is
unlawful for any person to use drug paraphernalia to plant,
propagate, cultivate, grow, harvest, manufacture, compound,
convert, produce, process, prepare, test, analyze, pack,
repack, store, contain, conceal, infect, ingest, inhale, or
otherwise introduce into the human body a controlled
substance. Any person who violates this subsection is guilty
of a misdemeanor.
(2) It is unlawful for any person to deliver, possess with
intent to deliver, or manufacture with intent to deliver drug
paraphernalia, knowing, or under circumstances where one
reasonably should know, that it will'. be used to plant,
propagate, cultivate, grow, harvest, manufacture, compound,
con%ert, produce, process, prepare, test, analyze, pack, re-
pack. store, contain, conceal, infect, ingest, inhale, or other-
wise introduce into the human body a controlled substance.
Any person who violates this subsection is guilty of a
misdemeanor
(3) Any person eighteen years of age or over who
violates subsection (2) of this section by delivering drug
paraphernalia to a person under eighteen years of age who
is at least three years his junior is guilty of a gross misde-
meanor
(4) It is unlawful for any person to place in any newspa-
per, magazine, handbill, or other publication any advertise-
ment, knowing, or under circumstances where one reason-
abl� should know, that the purpose of the advertisement, in
whole or in part, is to promote the sale of objects designed
or intended for use as drug paraphernalia Any person who
violates this subsection is guilty of a misdemeanor. [1981
c48§2.]
69.50.425 Misdemeanor violations—Minimum
imprisonment. A person who is convicted of a misde-
meanor violation of any provision of this chapter shall be
punished by imprisonment for not less than twenty-four
consecutive hours, and by a fine of not less than two
hundred fifty dollars. On a second or subsequent conviction,
the fine shall not be less than five hundred dollars. These
fines shall be in addition to any other fine or penalty
imposed. Unless the court finds that the imposition of the
minimum imprisonment will pose a substantial risk to the
defendant's physical or mental well-being or that local fail
facilities are in an overcrowded condition, the minimum term
of imprisonment shall not be suspended or deferred. If the
court finds such risk or overcrowding exists, it shall sentence
the defendant to a minimum of forty hours of community
service. If a minimum term of imprisonment is suspended
or deferred, the court shall state in writing the reason for
granting the suspension or deferral and the facts upon which
the suspension or deferral is based. Unless the court finds
the person to be indigent, the minimum fine shall not be
suspended or deferred. [ 1989 c 271 § 105.]
-564 3P>
70.74.010 Definitions. Ai used in this chapter, unless
a different meaning is plainly required by the context:
(1) The terms "authorized", "approved" or "approval"
shall be held to mean authorized, approved, or approval by
the department of labor and industries.
(2) The term "blasting agent" shall be held to mean and
include any material or mixture consisting of a fuel and
oxidizer, intended for blasting, not otherwise classified as an
explosive, and in which none of the ingredients are classified
as an explosive, provided that the finished product, as mixed
and packaged for use or shipment, cannot be detonated when
unconfined by means of a No. 8 test blasting cap
(3) The term "explosive" or "explosives" whenever used
in this chapter, shall be held to mean and include any
chemical compound or mechanical mixture that is commonly
used or intended for the purpose of producing an explosion,
that contains any oxidizing and combustible units, or other
ingredients, in such proportions, quantities or packing, that
an ignition by fire. by friction, by concussion, by percussion,
or by detonation of any part of the compound or mixture
may cause such a sudden generation of highly heated gases
that the resultant gaseous pressures are capable of producing
destructive effects on contiguous objects or of destroying life
or limb. In addition, the term "explosives" shall include all
material which is classified as class A. class B, and class C
explosives by the federal department of transportation For
the purposes of this chapter small arms ammunition, small
arms ammunition primers, smokeless powder not exceeding
fifty pounds, and black powder not exceeding five pounds
shall not be defined as explosives, unless possessed or used
for a purpose inconsistent with small arms use or other
lawful purpose
(4) Classification of explosives shall include but not be
limited to the following
(a) CLASS A EXPLOSIVES (Possessing detonating
hazard) dynamite, nitroglycerin, picric acid, lead azide,
fulminate of mercury, black powder exceeding five pounds,
blasting caps in quantities of 1001 or more, and detonating_
primers
(b) CLASS B EXPLOSIVES (Possessing flammable
hazard) propellant explosives, including smokeless propel-
lants exceeding fifty pounds
(c,) CLASS C EXPLOSIVES (Including certain types
of manufactured articles which contain class A or class B
explosives, or both, as components but in restricted quanti-
ties) blasting caps in quantities of IWO or less
(5) The term "explosive -actuated power devices" shall
he held to mean any tool or special mechanized device
which is actuated by explosives, but not to include propel-
lant -actuated power devices
(6) The term "ma`,azine", shall be held to mean and
include anv building or other structure, other than a factory
buildinu. used for the storage of explosives
(7) The term "improvised device" means a device which
is fabricated with explosives or destructive, lethal, noxious,
pyrotechnic, or incendiary chemicals and which is designed
to disfigure, destroy, distract, or harass
(8) The term "inhabited buildin,", shall be held to mean
and include only a building regularly occupied in whole or
in part as a habitation for human beings, or any church,
schoolhouse, railroad station, store, or other building where
people are accustomed to assemble, other than any building
or structure occupied in connection with the manufacture,
transportation, storage, or use of explosives
3-T of
(9) The term "explosives manufacturing plant" shall be
held to mean and include all lands, with the buildings
situated thereon, used in connection with the manufacturing
or processing of explosives or in which any process in-
volving explosives is carried on, or the storage of explosives
thereat, as well as any premises where explosives are used
as a component part or ingredient in the manufacture of any
article or device.
(10) The term "explosives manufacturing building", shall
be held_to mean and include any building or other structure
(excepting magazines) containing explosives, in which the
manufacture of explosives, or any processing involving
explosives, is carried on, and any building where explosives
are used as a component part or ingredient in the manufac-
ture of any article or device.
(11) The term "railroad" shall be held to mean and
include any steam, electric, or other railroad which carries
passengers for hire.
(12) The term "highway" shall be held to mean and
include any public street, public alley, or public road.
(13) The term "efficient artificial barricade" shall be
held to mean an artificial mound or properly revetted wall of
earth of a minimum thickness of not less than three feet or
such other artificial barricade as approved by the department
of labor and industries.
(14) The term "person" shall be held to mean and
include any individual, firm, copartnership, corporation,
company, association, point stock association, and including
any trustee, receiver, assignee, or personal representative
thereof.
(1 5) The term "dealer" shall be held to mean and
include any person who purchases explosives or blasting
agents for the sole purpose of resale, and not for use or
consumption.
(16) The term "forbidden or not acceptable explosives"
shall be held to mean and include explosives which are
forbidden or not acceptable for transportation by common
carriers by rail freight, rail express, highway, or water in ac-
cordance with the regulations of the federal department of
transportation.
(17) The term "handloader" shall be held to mean and
include any person who engages in the noncommercial
assembling of small arms ammunition for his own use,
specifically the operation of installing new primers, powder,
and projectiles into cartridge cases.
(18) The term "handloader components" means small
arms ammunition, small arms ammunition primers, smoke-
less powder not exceeding fifty pounds, and black powder as
used in muzzle loading firearms not exceeding five pounds
(19) The term "fuel" shall be held to mean and include
a substance which may react with the oxygen in the air or
with the oxygen yielded by an oxidizer to produce combus-
tion.
(20) The term "motor vehicle" shall be held to mean
and include any self-propelled automobile, truck. tractor,
semi -trailer or full trailer, or other conveyance used for the
transportation of freight
(21) The term "natural barricade" shall be held to mean
and include any natural hill, mound, wall, or barrier com-
posed of earth or rock or other solid material of a minimum
thickness of not less than three feet.
(22) The term "oxidizer" shall be held to mean a
substance that yields oxygen readily to stimulate the combus-
tion of organic matter or other fuel.
(23) The term "propel lant-actuat-,d power device" shall
be held to mean and include any tool or special mechanized
device or gas generator system which is actuated by a
propellant or which releases and directs work through a
propellant charge.
(24) The term "public conveyance" shall be held to
mean and include any railroad car, streetcar, ferry, cab, bus,
airplane, or other vehicle which is carrying passengers for
hire.
(25) The term "public utility transmission system" shall
mean power transmission lines over 10 KV, telephone
cables, or microwave transmission systems, or buried or
exposed pipelines carrying water, natural gas, petroleum, or
crude oil, or refined products and chemicals, whose services
are regulated by the utilities and transportation commission,
municipal, or other publicly owned systems.
(26) The term "purchaser" shall be held to mean any
person who buys, accepts, or receives any explosives or
blasting agents.
(27) The term "pyrotechnic" shall be held to mean and
include any combustible or explosive compositions or
manufactured articles designed and prepared for the purpose
of producing audible or visible effects which are commonly
referred to as fireworks.
(28) The term "small arms ammunition" shall be held to
mean and include any shotgun, rifle, pistol, or revolver
cartridge, and cartridges for propellant -actuated power
devices and industrial guns Military -type ammunition
containing explosive bursting charges, incendiary, tracer,
spotting, or pyrotechnic projectiles is excluded from this
definition
(29) The term "small arms ammunition primers" shall be
held to mean small percussion -sensitive explosive charges
encased in a cup, used to ignite propellant powder and shall
include percussion caps as used in muzzle loaders.
(30) The term "smokeless propellants" shall be held to
mean and include solid chemicals or solid chemical mixtures
in excess of fifty pounds which function by rapid combus-
tion
(31) The term "user" shall be held to mean and include
anv natural person. manufacturer, or blaster who acquires,
purchases, or uses explosives as an ultimate consumer or
who supervises such use
Words used in the sinvular number shall include the
plural, and the plural the singular (1993 c 293 § 1, 1972
ex.s c 88 § 5, 1970 ex s c 72 § 1, 1969 ex.s. c 137 § 3;
1931 c 1 I 1 § 1. RRS § 5440-1 ]
70.74.295 Abandonment of explosives. It shall be
unlawful for any person to abandon explosives or improvised
devices. Violation of this section is a gross misdemeanor
punishable under chapter 9A.20 RCW. [1993 c 293 § 7;
1972 ex.s. c 88 § 3 ]
70.74.300 Explosive containers to be marked—
Penalty. Every person who shall put up for sale, or who
shall deliver to any warehouseman, dock, depot, or common
carrier any package, cask or can containing any explosive,
nitroglycerin, dynamite, or powder, without having been
properly labeled thereon to indicate its explosive classifica-
tion, shall be guilty of a gross misdemeanor [1969 ex s. c
137 § 26; 1909 c 249 § 254; RRS § 2506.1
70.74.310 Gas bombs, explosives, stink bombs, etc.
Any person other than a lawfully constituted peace officer of
this state who shall deposit, leave, place, spray, scatter,
spread or throw in any building, or any place, or who shall
counsel, aid, assist, encourage, incite or direct any other
person or persons to deposit, leave, place, spray, scatter,
spread or throw, in any building or place, or who shall have
in his possession for the purpose of, and with the intent of
depositing, leaving, placing, spraying, scattering, spreading
or throwing, in any building or place, or of counseling,
aiding, assisting, encouraging, inciting or directing anv other
person or persons to deposit, leave, place, spray, scatter,
spread or throw, any stink bomb, stink paint, tear bomb, tear
shell, explosive or flame -producing device, or any other
device, material, chemical or substance, which, when
exploded or opened, or without such exploding or opening,
by reason of its offensive and pungent odor, does or will
annoy, inure, endanger or inconvenience any person or
persons, shall be guilty of a gross misdemeanor: PROVID-
ED, That this section shall not apply to persons in the
military service, actually engaged in the performance of
military duties, pursuant to orders from competent authority
nor to any property owner or person acting under his
authority in providing protection against the commission of
a felony (1969 ex.s. c 137 § 27, 1927 c 245 § 1, RRS §
2504-1.]