II. Offenses Against Public Officers and Government
Chapter 10.12
OBSTRUCTING GOVERNMENTAL OPERATION AND RELATED OFFENSES
Sections:
10.12.020 False swearing—Designated.
10.12.030 False swearing—Inconsistent statements.
10.12.040 False swearing—Retraction.
10.12.050 False swearing—Irregularities no defense.
10.12.080 Refusing to summon aid for peace officer.
10.12.090 Tampering with physical evidence.
10.12.110 Rendering criminal assistance—Defined.
10.12.120 Rendering criminal assistance—Designated.
10.12.140 Interference with police dog.
10.12.150 Simulating legal process.
10.12.160 Initiating false report.
10.12.170 Disruption of school activities.
10.12.180 Obstructing a law enforcement officer.
10.12.190 Making a false or misleading statement to a public servant.
10.12.200 Authority to restrict access to certain areas.
10.12.010 Definitions.
The following definitions are applicable in this chapter unless the context otherwise requires:
A. “Custody” means restraint pursuant to a lawful arrest or an order of a court; provided, that custody pursuant to Chapters 13.32A and 13.34 RCW and RCW 74.13.020 and 74.13.031 shall not be deemed custody for purposes of this chapter.
B. “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:
1. The statement was made on or pursuant to instructions on an official form bearing notice, authorized by law, to the effect that false statements made therein are punishable;
2. The statement recites that it was made under oath, the declarant was aware of such recitation at the time he made the statement, intended that the statement would 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
3. It is a statement, declaration, verification, or certificate, 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.
C. An oath is “required or authorized by law” when the use of the oath is specifically provided for by statute, ordinance or regulatory provision.
D. “Official proceeding” means a proceeding before any judicial, legislative or administrative body or officer, wherein sworn statements are received, and includes any referee, hearing examiner, commissioner, notary or other person taking sworn statements in connection with such proceedings.
E. “Testimony” means oral or written statements that may be offered by a witness in an official proceeding.
F. “Uncontrollable circumstances” means an act of nature such as a flood, earthquake, or fire, or a medical condition that requires immediate hospitalization or treatment, or an act of man such as an automobile accident or threats of death, forcible sexual attack, or substantial bodily injury in the immediate future for which there is no time for a complaint to the authorities and no time or opportunity to resort to the courts. (Ord. 2540-01 § 2, 2001: amended during 1/88 supplement; Ord. 1145-85 § 64, 1985)
10.12.020 False swearing—Designated.
A. A person is guilty of false swearing if he or she makes a false statement, which he or she knows to be false, under an oath required or authorized by law.
B. False swearing is a gross misdemeanor. (Ord. 1145-85 § 65, 1985)
10.12.030 False swearing—Inconsistent statements.
Where, in the course of one or more official proceedings, a person makes inconsistent statements under oath, the prosecution may proceed by setting forth the inconsistent statements in a single count alleging in the alternative that one or the other was false and known by the defendant to be false. In such case it shall not be necessary for the prosecution to prove which material statement was false but only that one or the other was false and known by the defendant to be false. For purposes of this section, no corroboration shall be required of either inconsistent statement. (Ord. 1145-85 § 66, 1985)
10.12.040 False swearing—Retraction.
No person shall be convicted of 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. (Ord. 1145-85 § 67, 1985)
10.12.050 False swearing—Irregularities no defense.
It is no defense to a prosecution for false swearing:
A. That the oath was administered or taken in an irregular manner; or
B. That the person administering the oath lacked authority to do so, if the taking of the oath was required or authorized by law. (Ord. 1145-85 § 68, 1985)
10.12.060 Escape.
A. A person commits the offense of escape if he or she escapes from custody.
B. Escape is a gross misdemeanor. (Ord. 1145-85 § 69, 1985)
10.12.070 Bail jumping.
A. Any person who was held for, charged with, or convicted of a gross misdemeanor or misdemeanor, having been released by court order or admitted to bail with knowledge of the requirement of a subsequent personal appearance before any court of this state, or of the requirement to report to a correctional facility for service of sentence, and who fails to appear or who fails to surrender for service of sentence as required is guilty of bail jumping.
B. It is an affirmative defense to a prosecution under this section that uncontrollable circumstances prevented the person from appearing or surrendering, and that the person did not contribute to the creation of such circumstances in reckless disregard of the requirement to appear or surrender, and that the person appeared or surrendered as soon as such circumstances ceased to exist.
C. Bail jumping is a misdemeanor. (Ord. 2540-01 § 1, 2001: Ord. 1145-85 § 70, 1985)
10.12.080 Refusing to summon aid for peace officer.
A. 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.
B. Refusing to summon aid for a peace officer is a misdemeanor. (Ord. 1145-85 § 71, 1985)
10.12.090 Tampering with physical evidence.
A. 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:
1. 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
2. Knowingly presents or offers any false physical evidence.
B. “Physical evidence” as used in this section includes any article, object, document, record, or other thing of physical substance.
C. Tampering with physical evidence is a gross misdemeanor. (Ord. 1145-85 § 72, 1985)
10.12.100 Resisting arrest.
A. A person is guilty of resisting arrest if he or she intentionally prevents or attempts to prevent a peace officer from lawfully arresting him.
B. Resisting arrest is a misdemeanor. (Ord. 1145-85 § 73, 1985)
10.12.110 Rendering criminal assistance—Defined.
As used in Section 10.12.120, a person “renders criminal assistance” if, with intent to prevent, hinder, or delay the apprehension or prosecution of another person who he knows has committed a crime or is being sought by law enforcement officials for the commission of a crime or has escaped from a detention facility, he:
A. Harbors or conceals such person; or
B. Warns such person of impending discovery or apprehension; or
C. Provides such person with money, transportation, disguise, or other means of avoiding discovery or apprehension; or
D. 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
E. Conceals, alters, or destroys any physical evidence that might aid in the discovery or apprehension of such person; or
F. Provides such person with a weapon. (Ord. 1145-85 § 74, 1985)
10.12.120 Rendering criminal assistance—Designated.
A. A person is guilty of rendering criminal assistance if he renders criminal assistance to a person who has committed a gross misdemeanor or misdemeanor.
B. Rendering criminal assistance is a misdemeanor. (Ord. 1145-85 § 75, 1985)
10.12.130 Compounding.
A. A person is guilty of compounding if:
1. He or she requests, accepts or agrees to accept any pecuniary benefit pursuant to an agreement or understanding that he will refrain from initiating a prosecution for crime; or
2. He or she confers, or offers or agrees to confer, any pecuniary benefit upon another pursuant to an agreement or understanding that such a person will refrain from initiating a prosecution for a crime.
B. 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 of indemnification for harm caused by the crime.
C. Compounding is a gross misdemeanor. (Ord. 1145-85 § 76, 1985)
10.12.140 Interference with police dog.
A. A person commits the offense of interference with a police dog when he or she maliciously grabs, harasses, strikes, attempts to injure or to hold a collar of, or interferes with any dog that the person knows or has reason to know to be a police dog, whether or not the dog is actually engaged in police work.
B. “Police dog” means a dog used by a law enforcement agency specially trained for law enforcement and under the control of a dog handler.
C. “Dog handler” means a law enforcement officer who has successfully completed training as prescribed by the Washington State Criminal Justice Training Commission in police dog handling.
D. Interference with a police dog is a misdemeanor. (Ord. 1634-89 § 1, 1989; Ord. 1145-85 § 77, 1985)
10.12.150 Simulating legal process.
A. A person is guilty of simulating legal process if he or she knowingly issues or delivers to another any document that in form and substance falsely simulates civil or criminal process, with intent to make the other believe that the document actually represents civil or criminal process.
B. Simulating legal process is a misdemeanor. (Ord. 1145-85 § 78, 1985)
10.12.160 Initiating false report.
A. A person is guilty of initiating a false report if he or she knowingly initiates a false claim or report which is transmitted to a fire department, law enforcement agency or other organization that deals with emergencies involving danger to life or property.
B. Initiating a false report is a misdemeanor. (Ord. 1145-85 § 79, 1985)
10.12.170 Disruption of school activities.
A. A person is guilty of disruption of school activities if he or she comes into or remains in any school building, classroom, or upon any school ground, or street, sidewalk, or public way adjacent thereto, and unreasonably and intentionally causes disruption of the activities of the school.
B. As used in this section, “school” has its ordinary meaning and also includes community college.
C. Disruption of school activities is a misdemeanor. (Ord. 1145-85 § 80, 1985)
10.12.180 Obstructing a law enforcement officer.
A. A person is guilty of obstructing a law enforcement officer if the person willfully hinders, delays, or obstructs any law enforcement officer in the discharge of his or her official powers or duties.
B. “Law enforcement officer” means any general authority, limited authority, or specially commissioned Washington peace officer or federal peace officer as those terms are defined in RCW 10.93.020, as now or hereafter amended, and other public officers who are responsible for enforcement of fire, building, zoning, and life and safety codes.
C. Obstructing a law enforcement officer is a gross misdemeanor. (Ord. 2160-96 § 1, 1996; Ord. 1145-25 § 81, 1985)
10.12.190 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. (Ord. 2160-96 § 2, 1996)
10.12.200 Authority to restrict access to certain areas.
A. Whenever a threat to the public health or safety is created by any emergency, an Everett police officer may restrict or deny access to any persons to the area where such threat exists, for the duration of such threat, when the officer reasonably believes the presence of such persons would constitute a danger to themselves or others or would substantially interfere with the performance of the police or other emergency services. For purposes of this section, an emergency includes, but is not limited to, an escaped prisoner, a natural disaster, a fire, an explosion, an accident, a riot, the presence of an armed person, a hostage incident or a bomb threat.
B. Whenever it appears to be reasonably necessary to investigate, or to preserve or collect evidence of criminal acts, a police officer may restrict or deny access to any area.
C. As used in this section, “restrict or deny access” means that a police officer has the authority to regulate or prohibit the presence or movement of persons or vehicles to, from, and within any area, to evacuate persons and to move or remove any property therefrom, until the reason for such restriction or denial of access no longer exists. Such restriction may be designated by the officer verbally, or by physical designation such as barrier tape, or by some other visual means, so long as the restricted area is clearly indicated.
D. A person commits the offense of unlawfully entering/remaining in a restricted area when he or she enters or refuses to leave any area closed or restricted in access pursuant to subsection A or B of this section. Unlawfully entering/remaining in a restricted area is a misdemeanor.
E. Subsections A and B of this section shall not apply to or affect a person who has specific statutory authority or the permission of the on-scene ranking police officer to enter or remain within the restricted area.
F. In accordance with the authority granted by this section, and in consideration of the law enforcement and emergency services needs involved, provision shall be made for reasonable access to such areas by members of the media for the purpose of news gathering and reporting. (Ord. 2946-06 § 1, 2006)