Chapter 9.12
OFFENSES AGAINST THE PERSON
Sections:
9.12.010 Refrigeration equipment in dangerous condition.
9.12.043 Exposing children to domestic violence.
9.12.070 Reckless endangerment.
9.12.080 Fair housing practices – Prohibitions.
9.12.100 Telephonic harassment and cyberstalking.
9.12.120 Harassment and stalking.
9.12.125 Harassment – Second degree.
9.12.130 Violations of no contact orders.
9.12.140 Domestic violence assessment.
9.12.010 Refrigeration equipment in dangerous condition.
A. Discarding or Abandoning. 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 mechanism removed to prevent latching or locking the door, is guilty of a misdemeanor.
B. Allowing to Remain on Premises. Any owner, lessee or manager who knowingly permits an unused refrigerator, icebox, or deep-freeze locker, as described in this section, to remain on the premises under his control without having the door removed or a portion of the latch mechanism removed to prevent latching or locking of the door is guilty of a misdemeanor.
C. Storage for Sale. Any person who keeps or stores refrigerators, iceboxes, or deep-freeze lockers for the purpose of selling or offering them for sale is not guilty of a violation of this chapter if they take reasonable precautions to effectively secure the door of any refrigerator, icebox or deep-freeze locker held for the purpose of sale so as to prevent the entrance of children small enough to fit into such articles. (Ord. 2998 § 1 (Exh. A), 2023; Ord. 1558 § 1, 1980; prior code § 6.02.010)
9.12.020 Refrigeration equipment in dangerous condition – Allowing to remain on premises.
Repealed by Ord. 2998. (Ord. 1558 § 1, 1980; prior code § 6.02.020)
9.12.030 Refrigeration equipment in dangerous condition – Storage for sale.
Repealed by Ord. 2998. (Ord. 1558 § 1, 1980; prior code § 6.02.030)
9.12.040 Assaults.
A. Simple Assault. A person is guilty of the gross misdemeanor of simple assault, if they:
1. Intentionally cause bodily harm by unlawful touching, spitting on, throwing objects at, striking, beating, or wounding of another person; or
2. Attempt by force or violence to cause bodily harm to another person; or
3. Intentionally place or attempt to place another person in fear or apprehension of bodily harm by an act, word, or threat.
B. Domestic Violence Assault. A person is guilty of the gross misdemeanor of domestic violence assault, if they commit the crime of simple assault and further the victim is a family or household member as defined by RCW 10.99.020.
C. Sexual Assault. A person is guilty of the gross misdemeanor of sexual assault if they, in acts not amounting to a felony assault or felony sex offense, commit the crime of simple assault and further do so with a sexual motivation.
1. “Sexual motivation” in this context means to do any of the following:
a. Expose or attempt to expose any portion of a person’s body or undergarments that is covered by clothing and intended to be protected from public view;
b. Commit the act in a place where a reasonable person would believe that they could disrobe in privacy, without being concerned that their undressing was being photographed or filmed by another; or
c. Commit the act with the intent to engage in sexual intercourse, sexual gratification or sexual contact, as defined in Chapter 9A.44 RCW, with the victim or a third party;
2. Domestic Violence Sexual Assault. When the victim of a sexual assault is a family or household member as defined by RCW 10.99.020, this crime will be classified as a crime of domestic violence and will be filed under the name “Domestic Violence Sexual Assault.” (Ord. 2998 § 1 (Exh. A), 2023)
9.12.043 Exposing children to domestic violence.
A. A person is guilty of the gross misdemeanor of the crime of exposing children to domestic violence when they:
1. Commit a crime against a family or household member, as defined in RCW 10.99.020; and
2. The crime is committed in the immediate presence of, or is witnessed by, the suspect’s or the victim’s minor child, stepchild, or a minor child residing within the household of the suspect or victim. For the purposes of this section, “witnessed” shall mean if the crime is seen or directly perceived in any other manner by the child. (Ord. 2998 § 1 (Exh. A), 2023)
9.12.045 Simple assault.
Repealed by Ord. 2998. (Ord. 2814 § 2 (Exh. A), 2012)
9.12.050 Coercion.
A. A person is guilty of the gross misdemeanor of coercion if, by use of force or threat, he compels or induces another 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.
B. “Threat” in this context has the same meaning as “threaten” under Chapter 9.04 BMC. (Ord. 2998 § 1 (Exh. A), 2023; Ord. 1558 § 1, 1980; prior code § 6.02.050)
9.12.060 Provoking assault.
Every person who, by word, sign or gesture, willfully attempts, or succeeds, in provoking another person to commit an assault or breach of the peace is guilty of a misdemeanor. (Ord. 2846 § 2 (Exh. A), 2014; Ord. 1558 § 1, 1980; prior code § 6.02-.060)
9.12.070 Reckless endangerment.
A. A person is guilty of reckless endangerment when he recklessly engages in conduct which creates a substantial risk of death or serious physical injury to another person.
B. Reckless endangerment is a Class A misdemeanor. (Ord. 1558 § 1, 1980; prior code § 6.02.070)
9.12.080 Fair housing practices – Prohibitions.*
It is a misdemeanor for any person, whether acting for their self or another, because of marital status, race, creed, color, national origin, citizenship or immigration status, sex, honorably discharged veteran or military status, sexual orientation, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability:
A. To refuse to engage in a real estate transaction with a person;
B. To discriminate against a person in the terms, conditions or privileges of a real estate transaction or in the furnishing of facilities or services in connection therewith;
C. To refuse to negotiate for a real estate transaction with a person;
D. To refuse to receive or to fail to transmit a bona fide offer to engage in a real estate transaction from a person;
E. To represent to a person that real property is not available for inspection, sale, rental or lease when in fact it is so available, or to fail to bring a property listing to his attention, or to refuse to permit him to inspect real property;
F. To print, circulate, post or mail or cause to be so published a statement, advertisement of sign, or to use a form of application for a real estate transaction, or to make a record or inquiry in connection with a prospective real estate transaction, which indicates, directly or indirectly, an intent to make a limitation, specification or discrimination with respect thereto;
G. To offer, solicit, accept, use or retain a listing of real property with the understanding that a person may be discriminated against in a real estate transaction or in the furnishing of facilities or services in connection therewith;
H. To expel a person from occupancy of real property;
I. To discriminate in the course of negotiating, executing or financing a real estate transaction whether by mortgage, deed of trust, contract or other instrument imposing a lien or other security in real property or in negotiating or executing any item or service related thereto, including issuance of title insurance, mortgage insurance, loan guarantee, or other aspect of the transaction. (Ord. 2998 § 1 (Exh. A), 2023; Ord. 1542 § 4, 1979; prior code § 2-701)
* Editor’s note: The title, effective date, definition and penalty provisions of Chapter 9.04 BMC do not apply to this section.
9.12.090 Fair housing practices – Violations.*
Repealed by Ord. 2998. (Ord. 1542 § 4, 1979)
9.12.100 Telephonic harassment and cyberstalking.
A. Telephonic Harassment. A person is guilty of the gross misdemeanor of telephonic harassment if they, with intent to harass, intimidate, torment or embarrass any other person, makes a voice call, or leaves a voice message, utilizing a phone, computer or other electronic or recorded means, to such other person or a third party:
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 makes contact, whether or not conversation ensues; or
3. Threatening to inflict injury on the person or property of the targeted person or any member of his or her family or household; or
4. Without purpose of legitimate communication.
B. Cyberstalking. A person is guilty of the gross misdemeanor of cyberstalking if they, with intent to harass, intimidate, torment, or embarrass any other person, and under circumstances not constituting telephone harassment, makes an electronic communication to such other person or a third party:
1. Using any lewd, lascivious, indecent, or obscene words, images, or language, or suggesting the commission of any lewd or lascivious act; or
2. Anonymously or repeatedly whether or not conversation occurs; or
3. Threatening to inflict injury on the person or property of the targeted person or any member of their family or household; or
4. Without purpose of legitimate communication.
C. The crimes in this section may be deemed to have been committed either at the place from which the telephone call(s) or electronic communication(s) were made or at the place where the telephone call(s) or electronic communication(s) were received.
D. For purposes of this chapter, “electronic communication” means the transmission of information by wire, radio, optical cable, electromagnetic, or other similar means. “Electronic communication” includes, but is not limited to, electronic mail, internet-based communications, pager or cellular service, and electronic text messaging. (Ord. 2998 § 1 (Exh. A), 2023; Ord. 2846 § 2 (Exh. A), 2014; Ord. 1558 § 1, 1980; prior code § 6.05.260)
9.12.110 Enabling harassment.
Any person who knowingly permits any telephone, computer or other electronic or recording device under his control to be used for any purpose prohibited by this title is guilty of a misdemeanor. (Ord. 2998 § 1 (Exh. A), 2023; Ord. 2846 § 2 (Exh. A), 2014; Ord. 1558 § 1, 1980; prior code § 6.05.270)
9.12.120 Harassment and stalking.
Chapter 9A.46 RCW, as now enacted or hereafter amended, is adopted by reference into the Blaine Municipal Code. (Ord. 2998 § 1 (Exh. A), 2023)
9.12.125 Harassment – Second degree.
A. A person is guilty of the misdemeanor of harassment in the second degree if, without lawful authority, the person knowingly:
1. Disturbs the reasonable repose, privacy and comfort of another person in public after being asked to refrain; or
2. Makes multiple telephonic, electronic or analogous contacts with another person within a 24-hour period after being asked to refrain.
B. A person is guilty of the misdemeanor of harassment in the second degree – domestic violence – if, without lawful authority, the person knowingly commits the crime of harassment in the second degree and further the victim is a family or household member as defined by RCW 10.99.020. A conviction of this crime shall be marked as a crime of domestic violence in any paper or electronic judicial or law enforcement record keeping system the court utilizes. (Ord. 2998 § 1 (Exh. A), 2023)
9.12.130 Violations of no contact orders.
A. Statutes Adopted. Recognition of the orders and authorized and the criminal provisions of the statutes contained in Chapters 9A.46, 7.105, 10.99, 26.09, 26.10, 26.26, 26.44, and 26.50 RCW are adopted by reference. If any of the state statutes hereby adopted by reference are amended by the State Legislature or the people, including repeal and substitution of other language or recodifications, then such amendments are further incorporated by reference in this section and the city code codification.
B. Penalties.
1. Violation of No Contact Order. It is a gross misdemeanor for any person having actual notice of the existence of an order issued by a court restraining them from contact or proximity with a person or a place to be in violation of such an order or refuse to comply with the provisions of such order when requested by any public official.
2. Violation of No Contact Order – Domestic Violence. A person is guilty of the gross misdemeanor of violation of no contact order – domestic violence if they commit the crime of violation of no contact order and, further, the victim is a family or household member as defined by RCW 10.99.020. A conviction of this crime shall be marked as a crime of domestic violence in any paper or electronic judicial or law enforcement record keeping system the court utilizes.
3. Defense. It is a defense to prosecution of this section that the court order has expired, been revoked, or been superseded; provided, that no right of action shall accrue against any public official or prosecutor acting upon a properly certified copy of the court order, lawful on its face, if such persons employ otherwise lawful means to effect the arrest or prosecute the case. (Ord. 2985 § 2 (Exh. A), 2022; Ord. 2368 § 2, 1998)
9.12.140 Domestic violence assessment.
A. Any person convicted of a crime involving domestic violence may be assessed a penalty of $100.00 (DV assessment). This assessment shall be in addition to, and shall not supersede, any other penalty, restitution, fines, or costs provided for by law.
B. A “crime involving domestic violence,” as used in this section, means any crime identified as a domestic violence or “DV” crime in this title or as defined by RCW 10.99.020 as presently constituted or hereinafter amended, and the violation of any equivalent ordinances whether presently or hereinafter enacted by the city of Blaine.
C. “Convicted,” as used in this section, shall include a plea of guilty, a finding of guilt regardless of whether the imposition of the sentence is deferred or any part of the penalty is suspended, or the levying of a fine. Nothing herein prevents the city from assessing the DV assessment upon the stipulation of the accused as part of a plea or other agreement when a person has been charged with a crime involving domestic violence. (Ord. 2998 § 1 (Exh. A), 2023; Ord. 2712 § 1, 2008)