III. Offenses Against the Person
Chapter 10.16
ASSAULT AND RELATED OFFENSES
Sections:
10.16.010 Assault in the fourth degree.
10.16.020 Reckless endangerment.
10.16.030 Custodial interference.
10.16.045 Voyeurism in the second degree.
10.16.046 Voyeurism in the second degree—Definitions.
10.16.052 Stalking no-contact order—Issuance—Requirements—Penalty for violation.
10.16.054 Stalking no-contact order—Law enforcement duties.
10.16.057 Stalking—Mandatory appearance.
10.16.060 Interference with the reporting of domestic violence.
10.16.070 Failing to summon assistance.
10.16.010 Assault in the fourth degree.
RCW 9A.36.041, as currently enacted or later amended, is adopted by reference as if set forth in full herein. (Ord. 3654-19 § 2, 2019: Ord. 3566-17 § 1, 2017: Ord. 1360-87 § 1, 1987)
10.16.020 Reckless endangerment.
A. A person commits the offense of reckless endangerment when he recklessly engages in conduct which creates a substantial risk of serious physical injury to another person.
B. Reckless endangerment is a gross misdemeanor. (Ord. 1145-85 § 35, 1985)
10.16.030 Custodial interference.
A. A relative of a person is guilty of custodial interference if, with the intent to deny access to such person by a parent, guardian, institution, agency, or other person having a lawful right to physical custody of such person, the relative takes, entices, retains, detains, or conceals the person from a parent, guardian, institution, agency, or other person having a lawful right to physical custody of such person. This subsection shall not apply to parent’s noncompliance with a court-ordered parenting plan.
B. A parent of a child is guilty of custodial interference if:
1. The parent takes, entices, retains, detains or conceals the child, with the intent to deny access, from the other parent having the lawful right to time with the child pursuant to a court-ordered parenting plan;
2. The parent has not complied with the residential provisions of a court-ordered parenting plan after a finding of contempt under RCW 26.09.160(3);
3. If the court finds that the parent engaged in a pattern of wilful violations of the court-ordered residential provisions.
C. Nothing in subsection (B)(2) of this section prohibits conviction of custodial interference under subsections (B)(1) or (B)(3) of this section in absence of findings of contempt.
D. Custodial interference is a gross misdemeanor.
E. Any reasonable expenses incurred in locating or returning a child or incompetent person shall be assessed against a defendant convicted of custodial interference.
F. In any prosecution of custodial interference it is a complete defense, if established by the defendant by a preponderance of the evidence, that:
1. The defendant’s purpose was to protect the child, incompetent person, or himself or herself from imminent physical harm, and that the belief in the existence of the imminent physical harm was reasonable, and that the defendant sought the assistance of the police, sheriff’s office, protective agencies, or the court of any state before committing the acts giving rise to the charges or within a reasonable time thereafter;
2. The complainant had, prior to the defendant committing the acts giving rise to the crime, for a protracted period of time, failed to exercise his or her rights to physical custody or access to the child under a court-ordered parenting plan or order granting visitation rights, provided that such failure was not the direct result of the defendant’s denial of access to such person;
3. The acts giving rise to the charges were consented to by the complainant;
4. The offender, after providing or making a good faith effort to provide notice to the person entitled to access to the child, failed to provide access to the child due to reasons that a reasonable person would believe were directly related to the welfare of the child, and allowed access to the child in accordance with the court order within a reasonable period of time. The burden of proof that the denial of access was reasonable is upon the person denying access to the child.
G. Consent of a child less than sixteen years of age or of an incompetent person does not constitute a defense to custodial interference. (Ord. 1692-90 § 1, 1990; Ord. 1145-85 § 36, 1985)
10.16.040 Coercion.
A. A person is guilty of coercion if by use of a threat he compels or induces a 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” as used in this section means:
1. To communicate, directly or indirectly, the intent immediately to use force against any person who is present at the time: or
2. Threats as defined in subsections A, B or C of Section 10.02.260.
C. Coercion is a gross misdemeanor. (Ord. 1145-85 § 37, 1985)
10.16.045 Voyeurism in the second degree.
A. A person commits the crime of voyeurism in the second degree if he or she intentionally photographs or films another person for the purpose of photographing or filming the intimate areas of that person with the intent to distribute or disseminate the photograph or film, without that person’s knowledge and consent, and under circumstances where the person has a reasonable expectation of privacy, whether in a public or private place.
B. Voyeurism in the second degree is a gross misdemeanor.
C. Voyeurism in the second degree is not a sex offense for the purposes of sentencing or sex offender registration requirements under RCW 9A.44.115.
D. This section does not apply to viewing, photographing, or filming by personnel of the Department of Corrections or of a local jail or correctional facility for security purposes or during investigation of alleged misconduct by a person in the custody of the Department of Corrections or the local jail or correctional facility.
E. If a person is convicted of a violation of this section, the court may order the destruction of any photograph, motion picture film, digital image, videotape, or any other recording of an image that was made by the person in violation of this section. (Ord. 3564-17 § 1, 2017)
10.16.046 Voyeurism in the second degree—Definitions.
As used in this chapter:
A. “Intimate areas” means any portion of a person’s body or undergarments that is covered by clothing and intended to be protected from public view;
B. “Photographs” or “films” means the making of a photograph, motion picture film, videotape, digital image, or any other recording or transmission of the image of a person;
C. “Place where he or she would have a reasonable expectation of privacy” means:
1. A place where a reasonable person would believe that he or she could disrobe in privacy, without being concerned that his or her undressing was being photographed or filmed by another; or
2. A place where one may reasonably expect to be safe from casual or hostile intrusion or surveillance;
D. “Surveillance” means secret observation of the activities of another person for the purpose of spying upon and invading the privacy of the person;
E. “Views” means the intentional looking upon of another person for more than a brief period of time, in other than a casual or cursory manner, with the unaided eye or with a device designed or intended to improve visual acuity. (Ord. 3564-17 § 2, 2017)
10.16.050 Stalking.
RCW 9A.46.110, as currently enacted or later amended, is adopted by reference as if set forth in full herein. (Ord. 3654-19 § 3, 2019: Ord. 3354-13 § 5, 2013: Ord. 3027-07 § 1, 2007: Ord. 2413-99 § 1, 1999: Ord. 1974-93 § 1, 1993)
10.16.052 Stalking no-contact order—Issuance—Requirements—Penalty for violation.
A. 1. When any person charged with or arrested for stalking, as defined in Section 10.16.050 or RCW 9A.46.110, or any other stalking related offense under RCW 9A.46.060, is released from custody before arraignment or trial on bail or personal recognizance, the court authorizing the release may prohibit that person from having any contact with the victim. The jurisdiction authorizing the release shall determine whether that person should be prohibited from having any contact with the victim. If there is no outstanding restraining or protective order prohibiting that person from having contact with the victim, and the victim does not qualify for a domestic violence protection order under Chapter 26.50 RCW, the court authorizing release may issue, by telephone, a stalking no-contact order prohibiting the person charged or arrested from having contact with the victim or from knowingly coming within, or knowingly remaining within, a specified distance of a location.
2. In issuing the order, the court shall consider the provisions of RCW 9.41.800.
3. The stalking no-contact order shall also be issued in writing as soon as possible.
B. 1. At the time of arraignment or whenever a motion is brought to modify the conditions of the defendant’s release, the court shall determine whether a stalking no-contact order shall be issued or extended. If a stalking no-contact order is issued or extended, the court may also include in the conditions of release a requirement that the defendant submit to electronic monitoring, including real-time global position satellite monitoring with victim notification. If electronic monitoring is ordered, the court shall specify who shall provide the monitoring services, and the terms under which the monitoring shall be performed. Upon conviction, the court may require as a condition of the sentence that the defendant reimburse the providing agency for the costs of the electronic monitoring, including costs relating to real-time global position satellite monitoring with victim notification.
2. A stalking no-contact order issued by the court in conjunction with criminal charges shall terminate if the defendant is acquitted or the charges are dismissed, unless the victim files an independent action for a stalking protection order. If the victim files an independent action for a civil stalking protection order, the order may be continued by the court until a full hearing is conducted pursuant to Section 6, Chapter 84, Washington Laws of 2013.
C. 1. The written order releasing the person charged or arrested shall contain the court’s directives and shall bear the legend: “Violation of this order is a criminal offense under chapter 26.50 RCW and will subject a violator to arrest. You can be arrested even if any person protected by the order invites or allows you to violate the order’s prohibitions. You have the sole responsibility to avoid or refrain from violating the order’s provisions. Only the court can change the order.”
2. A certified copy of the order shall be provided to the victim at no charge.
D. If a stalking no-contact order has been issued prior to charging, that order shall expire at arraignment or within seventy-two hours if charges are not filed.
E. Whenever an order prohibiting contact is issued pursuant to subsection B of this section, the clerk of the court shall forward a copy of the order on or before the next judicial day to the appropriate law enforcement agency specified in the order. Upon receipt of the copy of the order, the law enforcement agency shall enter the order for one year unless a different expiration date is specified on the order into any computer-based criminal intelligence information system available in this state used by law enforcement agencies to list outstanding warrants. Entry into the computer-based criminal intelligence information system constitutes notice to all law enforcement agencies of the existence of the order. The order is fully enforceable in any jurisdiction in the state.
F. 1. When a defendant is found guilty of stalking, as defined in Section 10.16.050 or RCW 9A.46.110, or any other stalking related offense under RCW 9A.46.060 and a condition of the sentence restricts the defendant’s ability to have contact with the victim, and the victim does not qualify for a domestic violence protection order under Chapter 26.50 RCW, the condition shall be recorded as a stalking no-contact order.
2. The written order entered as a condition of sentencing shall contain the court’s directives and shall bear the legend: “Violation of this order is a criminal offense under chapter 26.50 RCW and will subject a violator to arrest. You can be arrested even if any person protected by the order invites or allows you to violate the order’s prohibitions. You have the sole responsibility to avoid or refrain from violating the order’s provisions. Only the court can change the order.”
3. A final stalking no-contact order entered in conjunction with a criminal prosecution shall remain in effect for a period of five years from the date of entry.
4. A certified copy of the order shall be provided to the victim at no charge.
G. A knowing violation of a court order issued under subsection A, B or F of this section is punishable under Section 10.22.040.
H. Whenever a stalking no-contact order is issued, modified, or terminated under subsection A, B or F of this section, the clerk of the court shall forward a copy of the order on or before the next judicial day to the appropriate law enforcement agency specified in the order. Upon receipt of the copy of the order, the law enforcement agency shall enter the order for one year unless a different expiration date is specified on the order into any computer-based criminal intelligence information system available in this state used by law enforcement agencies to list outstanding warrants. Entry into the computer-based criminal intelligence information system constitutes notice to all law enforcement agencies of the existence of the order. The order is fully enforceable in any jurisdiction in the state. Upon receipt of notice that an order has been terminated under subsection B of this section, the law enforcement agency shall remove the order from the computer-based criminal intelligence information system. (Ord. 3354-13 § 2, 2013)
10.16.054 Stalking no-contact order—Law enforcement duties.
A. A copy of a stalking no-contact order granted under Section 10.16.052 shall be forwarded by the clerk of the court on or before the next judicial day to the appropriate law enforcement agency specified in the order. Upon receipt of the order, the law enforcement agency shall immediately enter the order into any computer-based criminal intelligence information system available in this state used by law enforcement agencies to list outstanding warrants. The order shall remain in the computer for one year unless a different expiration date is specified on the order. Upon receipt of notice that an order has been terminated, the law enforcement agency shall remove the order from the computer-based criminal intelligence information system. The law enforcement agency shall only expunge from the computer-based criminal intelligence information system orders that are expired, vacated, terminated, or superseded. Entry into the law enforcement information system constitutes notice to all law enforcement agencies of the existence of the order. The order is fully enforceable in any county in the state.
B. The information entered into the computer-based criminal intelligence information system shall include notice to law enforcement whether the order was personally served, served by publication, or served by mail. (Ord. 3354-13 § 3, 2013)
10.16.057 Stalking—Mandatory appearance.
A. A defendant arrested for stalking as defined by Section 10.16.050 shall be required to appear in person before a municipal court judge within one judicial day after the arrest.
B. At the time of appearance provided in subsection A of this section the court shall determine the necessity of imposing a stalking no-contact order under Section 10.16.052.
C. Appearances required pursuant to this section are mandatory and cannot be waived.
D. The stalking no-contact order shall be issued and entered with the appropriate law enforcement agency pursuant to the procedures outlined in Section 10.16.052. (Ord. 3354-13 § 4, 2013)
10.16.060 Interference with the reporting of domestic violence.
A. A person commits the crime of interfering with the reporting of domestic violence if the person:
1. Commits a crime of domestic violence, as defined in RCW 10.99.020 as now or hereafter amended; and
2. Prevents or attempts to prevent the victim of or a witness to that domestic violence crime from calling a 911 emergency communication system, obtaining medical assistance, or making a report to any law enforcement official.
B. Commission of a crime of domestic violence under subsection A of this section is a necessary element of the crime of interfering with the reporting of domestic violence.
C. Interference with the reporting of domestic violence is a gross misdemeanor. (Ord. 2159-96 § 1, 1996; Ord. 1145-85, 1985)
10.16.070 Failing to summon assistance.
A. A person is guilty of the crime of failing to summon assistance if:
1. He or she was present when a crime was committed against another person; and
2. He or she knows that the other person has suffered substantial bodily harm as a result of the crime committed against the other person and that the other person is in need of assistance; and
3. He or she could reasonably summon assistance for the person in need without danger to himself or herself and without interference with an important duty owed to a third party; and
4. He or she fails to summon assistance for the person in need; and
5. Another person is not summoning or has not summoned assistance for the person in need of such assistance.
B. Failing to summon assistance is a misdemeanor. (Ord. 2872-05 §§ 1, 2, 2005)