Chapter 7.32 CRIMINAL CODE

Any person who, without permission of the owner or person entitled to the possession thereof, intentionally, occupies or attempts to enter a motor vehicle shall be guilty of a misdemeanor. (§ 3 of Res. 658-E, June 1, 1970).

7.32.020 Mischief to and destruction of property.

Any person who wilfully breaks, destroys, impairs, injures or defaces any real or personal property of another and any person who, for the purpose of annoyance or mischief places in any doorway or on any sidewalk, street or alley in the county, any box, barrel, cask or other thing, or who removes, interferes with, carries away or destroys the property of another, or who tears down, destroys or mutilates any notice or handbill or sign of any type, lawfully posted up shall be guilty of a misdemeanor. (§ 10 of Res. 658-E, June 1, 1970).

7.32.030 Trespass.

Every person who goes upon the land of another with intent to vex or annoy the owner or occupant thereof, or to commit any unlawful act, or who goes or remains upon any land after having been warned by the owner or occupant thereof not to trespass thereon shall be guilty of a misdemeanor. (§ 11 of Res. 658-E, June 1, 1970).

7.32.040 Petit larceny.

Any person who, with intent to deprive or defraud the owner thereof takes, steals or carries away or obtains by fraud, trick or device, the property of another, the same being of the value of seventy-five dollars or less shall be guilty of a misdemeanor. (§ 12 of Res. 658-E, June 1, 1970).

7.32.050 Shoplifting.

A person who wilfully takes possession of any goods, wares, or merchandise of the value of less than seventy-five dollars offered for sale by any wholesale or retail store or other mercantile establishment without the consent of the seller, with the intention of converting such goods, wares or merchandise to his own use without having paid the purchase price thereof is guilty of a misdemeanor of shoplifting. (§ 13 of Res. 658-E, June 1, 1970).

7.32.060 Concealing stolen property.

Any person who with intent to deprive or defraud the owner thereof, buys, sells, receives, has in his possession, or aids in concealing or withholding the property of another the same being of the value of seventy-five dollars or less knowing the same to have been stolen or wrongfully appropriated shall be guilty of a misdemeanor. (§ 15 of Res. 658-E, June 1, 1970).

7.32.070 Lodging without permission.

Any person who lodges in any place, or upon any property without the permission of the owner, or person entitled to the possession thereof shall be guilty of a misdemeanor. (§ 19 of Res. 658-E, June 1, 1970).

II. MINORS

7.32.080 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 leaves such children in a parked automobile unattended by an adult while such person enters a tavern or other premises where vinous, spirituous, or malt liquors are dispensed for consumption on the premises shall be guilty of a misdemeanor. (§ 4 of Res. 658-E, June 1, 1970).

7.32.090 Contributing to delinquency of minor.

Any person who by any act or omission encourages, causes or contributes to the dependency or delinquency of any child under the age of eighteen years shall be guilty of a misdemeanor. (§ 5 of Res. 658-E, June 1, 1970).

7.32.100 Supplying liquor to minor.

Any person who gives, acquires for or otherwise supplies liquor to any person under the age of twenty-one years who is not the parent, guardian or physician of the minor shall be guilty of a misdemeanor. (§ 6 of Res. 658-E, June 1, 1970).

7.32.110 Minor consuming or possessing liquor.

Any person under the age of twenty-one years who acquires or has in his possession or consumes any liquor or intoxicating beverage of any type except with the consent of his parent or guardian while in presence of said parent or guardian and except when such liquor or intoxicating beverage is being used in connection with religious services shall be guilty of a misdemeanor. (§ 7 of Res. 658-E, June 1, 1970).

III. INTERFERENCE WITH PEACE OFFICER

7.32.120 Interference with and false report to peace officer.

Any person who resists or interferes with any policeman, peace officer, deputy sheriff, the prosecuting attorney, deputy prosecutors or the prosecutor’s investigators, in the performance of their legal or official duties or who gives false information, or makes a false report to any of the above while acting in their official capacity shall be guilty of a misdemeanor. (§ 8 of Res. 658-E, June 1, 1970).

7.32.130 Aiding escape from custody.

Any person who aids or assists any person in the custody of any policeman, peace officer, sheriff or sheriff’s deputy to escape or attempt to escape from such custody shall be guilty of a misdemeanor. (§ 9 of Res. 658-E, June 1, 1970).

IV. FRAUD—FORTUNETELLING

7.32.140 Unlawful issuance of bank checks or drafts.

Any person who with intent to defraud, makes, or delivers to another person any check, or draft, on a bank or other depository for the payment of money, knowing at the time of such drawing, or delivery, that he has not sufficient funds, in, or credit with the bank or depository, to meet the check, in full upon its presentation, shall be guilty of a misdemeanor. “Credit” as used in this section means an arrangement or understanding with the bank 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. (§ 14 of Res. 658-E, June 1, 1970).

7.32.150 Bunco—Swindling.

Any person or persons engaged in buncoing or in the operation of a swindling game or device for the purpose of swindling or defrauding others shall be guilty of a misdemeanor. (§ 16 of Res. 658-E, June 1, 1970).

7.32.160 Fortunetelling, tea leaf reading, palmistry, clairvoyance.

Any person who asks or receives any compensation, gratuity, or reward for practicing fortunetelling, tea leaf reading, palmistry or clairvoyance for whatever alleged or stated purpose shall be guilty of a misdemeanor. (§ 17 of Res. 658-E, June 1, 1970).

7.32.170 Defrauding innkeeper.

Any person who, with intent to defraud, obtains any food, lodging, accommodations or other services in or from any hotel, motel, restaurant, cafe, boarding or lodging house or other business such as, but not limited to, a taxicab company, without paying therefor shall be guilty of a misdemeanor. (§ 18 of Res. 658-E, June 1, 1970).

V. LOITERING

7.32.180 Loitering and prowling.

Any person who loiters or prowls in a place, at a time, or in a manner, and under circumstances that manifest an unlawful purpose or warrant alarm for the safety of persons or property in the vicinity shall be guilty of a misdemeanor. Circumstances which may be considered in determining whether such unlawful purpose is manifested or such alarm is warranted include, but are not limited to, the following: flight by the actor upon appearance of a law enforcement officer, refusal to identify himself, or manifestly endeavoring to conceal himself or any object.

No arrest shall be made under this section nor shall any person be convicted of violating this section unless such person is first afforded, if practical under the circumstances, an opportunity to dispel any alarm or suspicion of unlawful purpose which would otherwise be warranted, by identifying himself and explaining his presence and conduct.

No person shall be convicted of violating this section if it appears at trial that the explanation given by him of his presence and conduct was true and if believed by the arresting officer at the time, would have dispelled the alarm or suspicion of unlawful purpose. (§ 20 of Res. 658-E, June 1, 1970).

7.32.190 Loitering on school grounds.

Every person except a person enrolled as a student in, or parents or guardians of such students or person employed by such school or institution, who without a lawful purpose therefor wilfully loiters about the building or buildings of any public or private school or institution of higher learning or the public premises adjacent thereto shall be guilty of a misdemeanor. (§ 21 of Res. 658-E, June 1, 1970).

VI. DISORDERLY—LEWD CONDUCT

7.32.200 Disorderly person.

Any person who is lewd, disorderly or dissolute shall be guilty of a misdemeanor. (§ 22 of Res. 658-E, June 1, 1970).

7.32.210 Lewdness.

Any person who cohabits with another not the husband or wife of such person and any person who is openly or grossly lewd or makes any open and indecent or obscene exposure of his or her person or of the person of another shall be guilty of a misdemeanor. (§ 23 of Res. 658-E, June 1, 1970).

7.32.230 Encouraging fighting and quarreling.

Any person fighting or quarreling or encouraging others to fight in any public place shall be guilty of a misdemeanor. (§ 31 of Res. 658-E, June 1, 1970).

VII. OBSCENE BEHAVIOR

7.32.240 Obscene, threatening or harassing telephone calls.

Any person who, with intent to harass, intimidate, torment or embarrass any other person, makes a telephone call to such other person:

(a) Using any lewd, lascivious, profane, indecent, or obscene words or language, or suggesting the commission of any lewd or lascivious act; or

(b) Anonymously or repeatedly or at an extremely inconvenient hour, whether or not conversation ensues; or

(d) Without purpose of legitimate communication; and any person who knowingly permits any telephone under his control to be used for any purpose as prohibited herein; shall be guilty of a misdemeanor. (§ 24 of Res. 658-E, June 1, 1970).

7.32.250 Indecent liberties.

Any person who takes any indecent liberties with or on the person of another without his or her consent shall be guilty of a misdemeanor. (§ 25 of Res. 658-E, June 1, 1970).

7.32.260 Molesting another person.

Any person who annoys, bothers, molests, insults or offers an affront to any other person shall be guilty of a misdemeanor. (§ 26 of Res. 658-E, June 1, 1970).

7.32.270 Indecent language and conduct.

Any person who uses, in the presence of any other person, vulgar, profane, obscene or indecent language, or who conducts himself or herself in an indecent manner shall be guilty of a misdemeanor. (§ 27 of Res. 658-E, June 1, 1970).

7.32.280 Prostitution.

Any person who operates, lives or works in a house of prostitution or solicits for any prostitute or house of prostitution or practices prostitution shall be guilty of a misdemeanor. (§ 34 of Res. 658-E, June 1, 1970).

VIII. ASSAULT

7.32.290 Assault.

Any person who commits an assault or an assault and battery upon the person of another shall be guilty of a misdemeanor. (§ 29 of Res. 658-E, June 1, 1970).

7.32.300 Provoking assault.

Any person who by word, sign or gesture wilfully provokes, or attempts to provoke another person to commit an assault or breach of the peace shall be guilty of a misdemeanor. (§ 30 of Res. 658-E, June 1, 1970).

IX. WEAPONS

7.32.310 Aiming or discharging firearm or explosive.

Any person other than a peace officer aiming any gun, pistol, revolver or other firearm, whether loaded or not, operational or not operational, at, or towards any other person or who wilfully discharges any firearm, air gun or other weapon, or throws any deadly missile or explosive in a public place or in any place where any person might be endangered thereby, although no injury results shall be guilty of a misdemeanor. (§ 32 of Res. 658-E, June 1, 1970).

7.32.320 Intimidation with weapon.

Any person other than a peace officer, who carries, exhibits or displays any firearm loaded or unloaded, operational, or not operational, any open-bladed knife or sharp instrument, or any other deadly weapon with the intent to intimidate or annoy another person or persons shall be guilty of a misdemeanor. (§ 33 of Res. 658-E, June 1, 1970).

X. MISCELLANEOUS OFFENSES

7.32.340 Throwing glass, tacks, rubbish, etc., in highway.

Any person or persons, corporation or corporations who throws, places, or deposits, in any road, street, alley, or highway, in the county of Chelan, any bottle, bottles, glass, glassware, tacks, nails, garbage, rubbish, or discarded matter, shall be guilty of a misdemeanor. (§ 2 of Res. 658-E, June 1, 1970).

XI. VIOLATIONS—PENALTIES

7.32.350 Conspiracy.

Any person conspiring with another person to violate any of the above sections or to commit any act injurious to the public health, public morals, trade or commerce, or for the perversion or corruption of public justice or the due administration of law, or to accomplish any criminal or unlawful purpose, or to accomplish a purpose, not in itself criminal or unlawful by criminal or unlawful means shall be guilty of a misdemeanor. (§ 35 of Res. 658-E, June 1, 1970).

7.32.360 Principal defined.

Every person concerned in the commission of a misdemeanor, whether he directly commits the act constituting the offense, or aids or abets in its commission and whether present or absent; and every person who directly or indirectly counsels, encourages, hires, commands, induces or otherwise procures another to commit a misdemeanor, is a principal, and shall be proceeded against and punished as such. The fact that the person aided, abetted, counseled, encouraged, hired, commanded, induced or procured, could not or did not entertain a criminal intent, shall not be a defense to any person aiding, abetting, counseling, encouraging, hiring, commanding, inducing or procuring him. (§ 36 of Res. 658-E, June 1 1970).

7.32.370 Attempts—How punished.

An act done with intent to commit a crime, and tending but failing to accomplish it, is an attempt to commit that crime; and every person who attempts to commit a crime, unless otherwise prescribed by resolution, shall be punished as follows: By imprisonment in such manner as may be prescribed for the commission of the completed offense, for not more than half the longest term or by a fine of not more than half the largest sum, prescribed upon conviction for the commission of the offense attempted, or by both such fine and imprisonment. (§ 37 of Res. 658-E, June 1, 1970).

7.32.380 Violation—Penalties.

Every person convicted of a misdemeanor shall be punished by imprisonment in the county jail for not more than ninety days, or by a fine of not more than three hundred dollars or both. (§ 38 of Res. 658-E, June 1, 1970).

7.32.390 Forfeitures allowable.

All misdemeanors are forfeitable upon the recommendation of the prosecuting attorney and with the concurrence of the court. (§ 39 of Res. 658-E, June 1, 1970).

7.32.400 Disposition of revenues.

All fines and forfeitures collected for violation of any of the provisions of this chapter shall be deposited in the current expense fund of this county. (§ 40 of Res. 658-E, June 1, 1970).

XII. VALIDITY

7.32.410 Provisions to be separable.

A determination that any portion of this chapter is invalid shall not impair the validity of the remaining portions. (§ 41 of Res. 658-E, June 1, 1970).