Chapter 10.02 DEFINITIONS

A. In the criminal code codified in this title, unless a different meaning plainly is required or intended the definitions in this chapter shall apply.

B. Words in the present tense shall include the future tense; and in the masculine shall include the feminine and neuter genders; and in the singular shall include the plural; and in the plural shall include the singular. (Ord. 1145-85 § 14 (part), 1985)

10.02.020 Acted.

“Acted” includes, where relevant, omitted to act. (Ord. 1145-85 § 14(1), 1985)

10.02.030 Actor.

“Actor” includes, where relevant, a person failing to act. (Ord. 1145-85 § 14(2), 1985)

10.02.040 Benefit.

“Benefit” is any gain or advantage to the beneficiary, including any gain or advantage to a third person pursuant to the desire or consent of the beneficiary. (Ord. 1145-85 § 14(3), 1985)

10.02.045 Board.

“Board” means the State Board of Pharmacy. (Ord. 3310-13 § 1, 2013)

10.02.050 Bodily injury—Physical injury.

“Bodily injury” or “physical injury” means physical pain, illness, or an impairment of physical condition. (Ord. 1145-85 § 14(4), 1985)

10.02.060 Building.

“Building,” in addition to its ordinary meaning, includes any dwelling, fenced area, vehicle, railway, car, cargo container, or any other structure used for lodging of persons or for carrying on business therein, or for the use, sale or deposit of goods; each unit of a building consisting of two or more units separately secured or occupied is a separate building. (Ord. 1145-85 § 14(5), 1985)

10.02.063 Controlled substance.

“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. (Ord. 3310-13 § 2, 2013)

10.02.065 Course of conduct.

“Course of conduct” means a pattern of conduct composed of a series of acts over a period of time, however, short, evidencing a continuity of purpose. “Course of conduct” includes, in addition to any other form of communication, contact, or conduct, the sending of an electronic communication. Constitutionally protected activity is not included within the meaning of “course of conduct.” (Ord. 2413-99 § 4, 1999)

10.02.066 Court.

“Court” includes the superior, district, and municipal courts of the state of Washington. (Ord. 3234-11 § 1, 2011)

10.02.068 Dating relationship.

“Dating relationship” has the same meaning as in RCW 26.50.010 as currently enacted or later amended. (Ord. 3751-20 § 1, 2020: Ord. 3234-11 § 2, 2011)

10.02.070 Deadly weapon.

“Deadly weapon” means any explosive or loaded or unloaded firearm, and shall include any other weapon, device, instrument, article, or substance, including a “vehicle” as defined in this section, which, under the circumstances in which it is used, attempted to be used, or threatened to be used, is readily capable of causing death or serious bodily injury. (Ord. 1145-85 § 14(6), 1985)

10.02.072 Deliver/delivery.

“Deliver” or “delivery” means the actual or constructive transfer from one person to another of a substance, whether or not there is an agency relationship. (Ord. 3310-13 § 3, 2013)

10.02.075 Domestic violence.

“Domestic violence” has the same meaning as in RCW 9.94A.030 as currently enacted or later amended. (Ord. 3751-20 § 2, 2020: Ord. 3234-11 § 3, 2011)

10.02.077 Drug.

“Drug” means (A) a controlled substance recognized as a drug in the official United States Pharmacopoeia/National Formulary or the Official Homeopathic Pharmacopoeia of the United States, or any supplement to them; (B) controlled substances intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in individuals or animals; (C) controlled substances (other than food) intended to affect the structure or any function of the body of individuals or animals; and (D) controlled substances intended for use as a component of any article specified in subsection (A), (B), or (C) of this section. The term does not include devices or their components, parts, or accessories. (Ord. 3310-13 § 4, 2013)

10.02.078 Drug paraphernalia.

A. “Drug paraphernalia” means all equipment, products, and materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance other than marijuana. 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 hydrochloride, 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, marijuana;

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 cocaine into the human body, such as:

a. Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;

b. Water pipes;

c. Carburetion tubes and devices;

d. Smoking and carburetion masks;

e. Miniature cocaine spoons, and cocaine vials;

f. Chamber pipes;

g. Carburetor pipes;

h. Electric pipes;

i. Air-driven pipes; and

j. Ice pipes or chillers.

B. In determining whether an object is drug paraphernalia under this section, a court or other authority should consider, in addition to all other logically relevant factors, the following:

1. Statements by an owner or by anyone in control of the object concerning its use;

2. Prior convictions, if any, of an owner, or of anyone in control of the object, under any state or federal law relating to any controlled substance;

3. The proximity of the object, in time and space, to a direct violation of this chapter;

4. The proximity of the object to controlled substances;

5. The existence of any residue of controlled substances on the object;

6. Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons whom he or she knows, or should reasonably know, intend 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;

11. 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. (Ord. 3310-13 § 5, 2013)

10.02.080 Dwelling.

“Dwelling” means any building or structure, though movable or temporary, or a portion thereof, which is used or ordinarily used by a person for lodging. (Ord. 1145-85 § 14(7), 1985)

10.02.083 Electronic monitoring.

“Electronic monitoring” means a program in which a person’s presence at a particular location is monitored from a remote location by use of electronic equipment. (Ord. 3234-11 § 4, 2011)

10.02.087 Family or household members.

“Family or household members” has the same meaning as in RCW 26.50.010 as currently enacted or later amended. (Ord. 3751-20 § 3, 2020: Ord. 3234-11 § 5, 2011)

10.02.090 Government.

“Government” includes any branch, subdivision, or agency of the government of this state and any county, city, district, or other local governmental unit. (Ord. 1145-85 § 14(8), 1985)

10.02.100 Governmental function.

“Governmental function” includes any activity which a public servant is legally authorized or permitted to undertake on behalf of a government. (Ord. 1145-85 § 14(9), 1985)

10.02.105 Immediate precursor.

“Immediate precursor” means a substance:

A. That the State Board of Pharmacy has found to be and by rule designates as being the principal compound commonly used, or produced primarily for use, in the manufacture of a controlled substance;

B. That is an immediate chemical intermediary used or likely to be used in the manufacture of a controlled substance; and

C. The control of which is necessary to prevent, curtail, or limit the manufacture of the controlled substance. (Ord. 3310-13 § 6, 2013)

10.02.107 Intimate partner.

“Intimate partner” has the same meaning as in RCW 26.50.010 as currently enacted or later amended. (Ord. 3751-20 § 5, 2020)

10.02.110 Judge.

“Judge” includes every judicial officer authorized alone or with others, to hold or preside over a court. (Ord. 1145-85 § 14(10), 1985)

10.02.120 Malice—Maliciously.

“Malice” and “maliciously” shall import an evil intent, wish, or design to vex, annoy, or injure another person. Malice may be inferred from an act done in wilful disregard of the rights of another, or an act wrongfully done without just cause or excuse, or an act or omission of duty betraying a wilful disregard of social duty. (Ord. 1145-85 § 14(11), 1985)

10.02.125 Marijuana.

“Marijuana” means all parts of the plant cannabis, whether growing or not, with a THC concentration greater than 0.3 percent on a dry weight basis; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation 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. (Ord. 3310-13 § 7, 2013)

10.02.127 Marijuana-infused products.

“Marijuana-infused products” means products that contain marijuana or marijuana extracts and are intended for human use. The term “marijuana-infused products” does not include useable marijuana. (Ord. 3310-13 § 8, 2013)

10.02.130 Officer—Public officer.

“Officer” and “public officer” means a person holding office under a city, county, or state government or the federal government who performs a public function and in so doing is vested with the exercise of some sovereign power of government and includes all assistants, deputies, clerks and employees of any public officer and all persons lawfully exercising or assuming to exercise any of the powers or functions of a public officer. (Ord. 1145-85 § 14(12), 1985)

10.02.140 Omission.

“Omission” means a failure to act. (Ord. 1145-85 § 14(13), 1985)

10.02.150 Ordinance.

“Ordinance” means the Charter of the city or an act of the city council. (Ord. 1145-85 § 14(14), 1985)

10.02.160 Peace officer.

“Peace officer” means a duly appointed city, county, or state law enforcement officer. (Ord. 1145-85 § 14(15), 1985)

10.02.170 Pecuniary benefit.

“Pecuniary benefit” means any gain or advantage in the form of money, property, commercial interest, or anything else the primary significance of which is economic gain. (Ord. 1145-85 § 14(16), 1985)

10.02.180 Person—He—Actor.

“Person,” “he” and “actor” include any natural person and, where relevant, a corporation, joint stock association, or an unincorporated association. (Ord. 1145-85 § 14(17), 1985)

10.02.190 Place of work.

“Place of work” includes but is not limited to all the lands and other real property of a farm or ranch in the case of an actor who owns, operates, or is employed to work on such a farm or ranch. (Ord. 1145-85 § 14(18), 1985)

10.02.200 Prison—Jail.

“Prison” or “jail” means any place designated by law for the keeping of persons held in custody under process of law, or under lawful arrest. (Ord. 1145-85 § 14(19), 1985)

10.02.210 Prisoner.

“Prisoner” includes any person held in custody under process of law, or under lawful arrest. (Ord. 1145-85 § 14(20), 1985)

10.02.220 Property.

“Property” means anything of value, whether tangible or intangible, real or personal. (Ord. 1145-85 § 14(21), 1985)

10.02.230 Public servant.

“Public servant” means any person other than a witness who presently occupies the position of or has been elected, appointed, or designated to become any officer or employee of government, including a legislator, judge, judicial officer, juror, and any person participating as an advisor, consultant or otherwise in performing a governmental function. (Ord. 1145-85 § 14(22), 1985)

10.02.240 Signature.

“Signature” includes any memorandum, mark, or sign made with intent to authenticate any instrument or writing, or the subscription of any person thereto. (Ord. 1145-85 § 14(23), 1985)

10.02.245 Stalking no-contact order.

“Stalking no-contact order” means a temporary order or a final order granted under Section 2, Chapter 84, Washington Laws of 2013 (the Jennifer Paulson Stalking Protection Order Act) against a person charged with or arrested for stalking, which includes the remedy set forth in the Act and in Section 10.22.040. (Ord. 3354-13 § 1, 2013)

10.02.250 Statute.

“Statute” means the Constitution or an act of the legislature or initiative or referendum of this state. (Ord. 1145-85 § 14(24), 1985)

10.02.255 THC concentration.

“THC concentration” means percent of delta-9 tetrahydrocannabinol content per dry weight of any part of the plant cannabis, or per volume or weight of marijuana product. (Ord. 3310-13 § 9, 2013)

10.02.260 Threat.

“Threat” means to communicate, directly or indirectly the intent:

A. To cause bodily injury in the future to the person threatened or to any other person; or

B. To cause physical damage to the property of a person other than the actor; or

C. To subject the person threatened or any other person to physical confinement or restraint; or

D. To accuse any person of a crime or cause criminal charges to be instituted against any person; or

E. To expose a secret or publicize an asserted fact, whether true or false, tending to subject any person to hatred, contempt, or ridicule; or

F. To reveal any information sought to be concealed by the person threatened; or

G. To testify or provide information or withhold testimony or information with respect to another’s legal claim or defense; or

H. To take wrongful action as an official against anyone or anything, or wrongfully withhold official action, or cause such action or withholding; or

I. To bring about or continue a strike, boycott, or other similar collective action to obtain property which is not demanded or received for the benefit of the group which the actor purports to represent; or

J. To do any other act which is intended to harm substantially the person threatened or another with respect to his health, safety, business, financial condition, or personal relationships. (Ord. 1145-85 § 14(25), 1985)

10.02.265 Unlawful harassment.

“Unlawful harassment” means a knowing and willful course of conduct directed at a specific person which seriously alarms, annoys, harasses, or is detrimental to such person, and which serves no legitimate or lawful purpose. The course of conduct shall be such as would cause a reasonable person to suffer substantial emotional distress, and shall actually cause substantial emotional distress to the petitioner, or, when the course of conduct is contact by a person over age eighteen that would cause a reasonable parent to fear for the well-being of their child. (Ord. 2413-99 § 3, 1999)

10.02.267 Useable marijuana.

“Useable marijuana” means dried marijuana flowers. The term “useable marijuana” does not include marijuana-infused products. (Ord. 3310-13 § 10, 2013)

10.02.270 Vehicle.

“Vehicle” means a “motor vehicle” as defined in the vehicle and traffic laws, any aircraft, or any vessel equipped for propulsion by mechanical means or by sail. (Ord. 1145-85 § 14(26), 1985)

10.02.280 Victim.

“Victim” has the same meaning as in RCW 10.99.020 as currently enacted or later amended. (Ord. 3751-20 § 4, 2020: Ord. 3234-11 § 6, 2011)