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Home My WebLink About3839 (3)Ordinance No. 3888 (Amending or Repealing Ordinances) CFN=122 — Police/Fire Departments Passed — 8/19/2008 Criminal Code Amendment -Add Criminal Act of Cyberstalking Amending KCC Sec. 9.02.060 Amends Ords. 3621;3692;3877 Amended by Ord. 3954 ORDINANCE NO. � CVFY AN ORDINANCE of the City Council of the City of Kent, Washington, amending chapter 9.02 of the Kent City Code, entitled "Criminal Code," in order to adopt by reference for enforcement in Kent RCW 9.61.260 related to cyberstalking. RECITALS A. Based on society's increased use and reliance on electronic communications, the state legislature adopted RCW 9.61.260 in an effort i to punish harassing conduct committed using electronic communication that does not constitute telephone harassment. Harassment committed using electronic communication is defined as cyberstalking. One commits cyberstalking by making an electronic communication to any person with the intent to harass, intimate, torment, or embarrass any other person or third party using lewd, indecent, or obscene words or images, or suggesting the commission of any lewd or lascivious act; anonymously or repeatedly whether or not conversation occurs; or threatening to inflict injury on the person, his or her property, or any member of his or her family. a Based on the circumstances of each crime, a violation of RCW 9.61.260 is either a gross misdemeanor punishable by a fine up to $5,000, jail not to exceed one year, or both, or a class C felony. However, if the 1 Criminal Code Amendment - Add Criminal Act of Cyberstalking circumstances of the crime require that it be prosecuted as a class C felony, the case would be referred to the King County Prosecutor's Office. C. This ordinance adopts this RCW provision by reference for enforcement in Kent. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, i WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. - Amendment. Section 9.02.070 of the Kent City Code, entitled "Title 9A RCW, entitled Washington Criminal Code' - Adoption by reference," is amended as follows: Sec. 9.02.060. Title 9 RCW, entitled "Crimes and Punishments" - Adoption by reference. The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full. RCW 9.01.055 Citizen immunity if aiding officer, scope - When. RCW 9.01.110 Omission, when not punishable. RCW 9.01.130 Sending letter, when complete. RCW 9.02.050 Concealing birth. RCW 9.03.010 Abandoning, discarding refrigeration equipment. RCW 9.03.020 Permitting unused equipment to remain on premises. RCW 9.03.040 Keeping or storing equipment for sale. i RCW 9.04.010 False advertising. RCW 9.04.090 Advertising fuel prices by service stations. RCW 9.08.030 False certificate of registration of animals - False representation as to breed. RCW 9.08.065 Definitions. RCW 9.08.070 Pet animals - Taking, concealing, injuring, killing, 2 Criminal Code Amendment - Add Criminal Act of Cyberstalking etc. - Penalty. RCW 9.08.072 Transferring stolen pet animal to a research institution - Penalty. RCW 9.08.078 Illegal sale, receipt, or transfer of pet animals - Separate offenses. RCW 9.12.010 Barratry. RCW 9.12.020 Buying, demanding, or promising reward by district judge or deputy. RCW 9.16.005 RCW 9.16.010 RCW 9.16.020 RCW 9.16.030 RCW 9.16.035 RCW 9.16.041 RCW 9.16.050 RCW 9.16.060 RCW 9.16.070 RCW 9.16.080 RCW 9.16. 100 RCW 9.16. 110 RCW 9.16.120 RCW 9.16.130 RCW 9.16.140 RCW 9.16.150 Definitions. Removing lawful brands. Imitating lawful brand. Counterfeit mark - Intellectual property. Counterfeiting - Penalties. Counterfeit items - Seizure and forfeiture. When deemed affixed. Fraudulent registration of trademark. Form and similitude defined. Petroleum products improperly labeled or graded. Use of the words "sterling silver," etc. Use of words "coin silver," etc. Use of the word "sterling" on mounting. Use of the words "coin silver" on mounting. Unlawfully marking article made of gold. "Marked, stamped or branded" defined. RCW 9.18.080 Offender a competent witness. RCW 9.18.120 Suppression of competitive bidding. RCW 9.18.130 Collusion to prevent competitive bidding. RCW 9.18.150 Agreements outside state. RCW 9.24.010 Fraud in stock subscription. RCW 9.24.040 Corporation doing business without license. RCW 9.26A.090 Telephone company credit cards - Prohibited acts. RCW 9.26A.100 Definitions. RCW 9.26A.110 Fraud in obtaining telecommunications service - Penalty. RCW 9.26A.120 Fraud in operating coin -box telephone or other receptacle. RCW 9.26A.130 Penalty for manufacture or sale of slugs to be used for coin. 3 Criminal Code Amendment - Add Criminal Act of Cyberstalking RCW 9.27.015 Interference, obstruction of any court, building, or residence - Violations. RCW 9.35.030 Soliciting undesired mail. RCW 9.38.010 False representation concerning credit. RCW 9.38.015 False statement by deposit account applicant. RCW 9.38.020 False representation concerning title. RCW 9.40.040 Operating engine or boiler without spark arrester. RCW 9.40.100 Tampering with fire alarm or fire fighting equipment - False alarm - Penalties. RCW 9.41.010 Terms defined. RCW 9.41.040 Unlawful possession of firearms - Ownership, possession by certain persons - Penalty. RCW 9.41.050 Carrying firearms. RCW 9.41.060 Exceptions to restrictions on carrying firearms. RCW 9.41.090 Dealer deliveries regulated - Hold on delivery. RCW 9.41.100 Dealer licensing and registration required. RCW 9.41.110 Dealer's licenses, by whom granted, conditions, fees - Employees, fingerprinting and background checks - Wholesale sales excepted - Permits prohibited. RCW 9.41.140 Alteration of identifying marks - Exceptions. RCW 9.41.220 Unlawful firearms and parts contraband. RCW 9.41.230 Aiming or discharging firearms, dangerous weapons. RCW 9.41.240 Possession of pistol by person from eighteen to twenty- one. RCW 9.41.250 Dangerous weapons - Penalty. RCW 9.41.260 Dangerous exhibitions. RCW 9.41.270 Weapons apparently capable of producing bodily harm - Unlawful carrying or handling - Penalty - Exceptions. RCW 9.41.280 Possessing dangerous weapons on school facilities - Penalty - Exceptions. RCW 9.41.300 Weapons prohibited in certain places - Local laws and ordinances - Exceptions - Penalty. RCW 9.41.800 Surrender of weapons or licenses - Prohibition on future possession or licensing. RCW 9.41.810 Penalty. RCW 9.44.080 Misconduct in signing a petition. RCW 9.45.060 Encumbered, leased, or rented personal property - Construction. RCW 9.45.070 Mock auctions. 4 Criminal Code Amendment - Add Criminal Act of Cyberstalking RCW 9.45.080 Fraudulent removal of property. RCW 9.45.090 Knowingly receiving fraudulent conveyance. RCW 9.45.100 Fraud in assignment for benefit of creditors. RCW 9.46.196 Cheating. RCW 9.47A.010 Definition. RCW 9.47A.020 Unlawful inhalation - Exception. RCW 9.47A.030 Possession of certain substances prohibited, when. RCW 9.47A.040 Sale of certain substances prohibited, when. RCW 9.47A.050 Penalty. RCW 9.51.010 Misconduct of officer drawing jury. RCW 9.51.020 Soliciting jury duty. RCW 9.51.030 Misconduct of officer in charge of jury. RCW 9.61.230 Telephone harassment. RCW 9.61.240 Telephone harassment RCW 9.66.030 used. RCW 9.61.250 Telephone harassment RCW 9.66.050 committed. RCW 9.61.260 Cyberstalking - Permitting telephone to be - Offense, where deemed RCW 9.62.010 Malicious prosecution. RCW 9.62.020 Instituting suit in name of another. RCW 9.66.010 Public nuisance. RCW 9.66.020 Unequal damage. RCW 9.66.030 Maintaining or permitting nuisance. RCW 9.66.040 Abatement of nuisance. RCW 9.66.050 Deposit of unwholesome substance. RCW 9.68.015 Obscene literature, shows, etc. - Exemptions. RCW 9.68.030 Indecent articles, etc. RCW 9.68.050 "Erotic material" - Definitions. RCW 9.68.060 "Erotic material" - Determination by court - Labeling - Penalties. RCW 9.68.070 Prosecution for violation of RCW 9.68.060 - Defense. RCW 9.68.080 Unlawful acts. RCW 9.68. 100 Exceptions to RCW 9.68.050 through 9.68.120. RCW 9.68.110 Motion picture operator or projectionist exempt, when. RCW 9.68.130 "Sexually explicit material" - Defined - Unlawful display. RCW 9.68A.011 Definitions. 5 Criminal Code Amendment - Add Criminal Act of Cyberstalking RCW 9.68A.080 Processors of depictions of minor engaged in sexually explicit conduct - Report required. RCW 9.68A.090 Communication with minor for immoral purposes. RCW 9.68A.110 Certain defenses barred, permitted. RCW 9.68A.120 Seizure and forfeiture of property. RCW 9.68A.150 Allowing minor on premises of live erotic performance—Definitions—Penalty. RCW 9.69.100 Duty of witness of offense against child or any violent offense - Penalty. RCW 9.72.090 Committal of witness - Detention of documents RCW 9.73.010 Divulging telegram. RCW 9.73.020 Opening sealed letter. RCW 9.73.030 Intercepting, recording or divulging private communication - Consent required - Exceptions. RCW 9.73.050 Admissibility of intercepted communication in evidence. RCW 9.73.070 Persons and activities excepted from chapter. RCW 9.73.080 Penalties. RCW 9.73.090 Certain emergency response personnel exempted from RCW 9.73.030 through RCW 9.73.080 - Standards - Court authorizations - Admissibility. RCW 9.73.100 Recordings available to defense counsel. RCW 9.73.110 Intercepting, recording, or disclosing private communications - Not unlawful for building owner - Conditions RCW 9.91.010 Denial of civil rights - Terms defined. RCW 9.91.020 Operating railroad, steamboat, vehicle, etc., while intoxicated. RCW 9.91.025 Unlawful bus conduct. RCW 9.91.060 Leaving children unattended in a parked automobile. RCW 9.91.140 Food stamps. RCW 9.91.142 Food stamps - Trafficking. RCW 9.91.160 Personal protection spray devices. RCW 9.91.170 Interfering with dog guide or service animal. SECTION 2. - Severability. If any one or more section, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. 6 Criminal Code Amendment - Add Criminal Act of Cyberstalking SECTION 3. - Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage as provided by law. SU ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: etMk- � TOM BRUBAKER, CITY ATTORNEY PASSED: 19' day of August, 2008. APPROVED: day of August, 2008. PUBLISHED: 3 day of August, 2008. COOKE, MAYOR I hereby certify that this is a true copy of Ordinance No. 3Sf F(S passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. P\Clvll\Ordlnan[.\Crwmn.ICoda.A�dCyb.Mnikrg de (SEAL) BRENDA JACOB , CITY CLERK 7 Criminal Code Amendment - Add Criminal Act of Cyberstalking