Chapter 10.19
CRIMINAL MISTREATMENT
Sections:
10.19.020 Criminal mistreatment in the third degree.
10.19.025 Criminal mistreatment in the fourth degree.
10.19.030 Withdrawal of life support systems.
10.19.040 Palliative care for terminally ill persons.
10.19.050 Defense of financial inability.
10.19.060 Abandonment of a dependent person in the third degree.
10.19.070 Christian Science treatment.
10.19.080 Leaving a child in the care of a sex offender.
10.19.010 Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
A. “Basic necessities of life” means food, water, shelter, clothing, and medically necessary health care, including but not limited to health-related treatment or activities, hygiene, oxygen, and medication.
B. 1. “Bodily injury” means physical pain or injury, illness, or an impairment of physical condition;
2. “Substantial bodily harm” means bodily injury which involves a temporary but substantial disfigurement, or which causes a temporary but substantial loss or impairment of the function of any bodily part or organ, or which causes a fracture of any bodily part.
C. “Child” means a person under eighteen years of age.
D. “Dependent person” means a person who, because of physical or mental disability, or because of extreme advanced age, is dependent upon another person to provide the basic necessities of life. A resident of a nursing home, as defined in RCW 18.51.010, a resident of an adult family home, as defined in RCW 70.128.010, and a frail elder or vulnerable adult, as defined in RCW 74.34.020(21), is presumed to be a dependent person for purposes of this chapter.
E. “Employed” means hired by a dependent person, another person acting on behalf of a dependent person, or by an organization or governmental entity, to provide to a dependent person any of the basic necessities of life. A person may be “employed” regardless of whether the person is paid for the services or, if paid, regardless of who pays for the person’s services.
F. “Parent” has its ordinary meaning and also includes a guardian and the authorized agent of a parent or guardian.
G. “Abandons” means leaving a child or other dependent person without the means or ability to obtain one or more of the basic necessities of life.
H. “Good Samaritan” means any individual or group of individuals who:
1. Is not related to the dependent person;
2. Voluntarily provides assistance or services of any type to the dependent person;
3. Is not paid, given gifts, or made a beneficiary of any assets valued at five hundred dollars or more, for any reason, by the dependent person, the dependent person’s family, or the dependent person’s estate; and
4. Does not commit or attempt to commit any other crime against the dependent person or the dependent person’s estate.
I. “Appropriate location” means:
1. The emergency department of a hospital licensed under Chapter 70.41 RCW during the hours the hospital is in operation; or
2. A fire station during its hours of operation and while fire personnel are present.
J. “Newborn” means a live human being who is less than seventy-two hours old.
K. “Qualified person” means:
1. Any person that the parent transferring the newborn reasonable believes is a bona fide employee, volunteer, or medical staff member of the hospital and who represents to the parent transferring the newborn that he or she can and will summon appropriate resources to meet the newborn’s immediate needs; or
2. A fire fighter, volunteer, or emergency medical technician at a fire station who represents to the parent transferring the newborn that he or she can and will summon appropriate resources to meet the newborn’s immediate needs. (Ord. 3567-17 § 1, 2017: Ord. 2620-02 § 1, 2002: Ord. 2468-00 § 1, 2000)
10.19.020 Criminal mistreatment in the third degree.
A. A person is guilty of the crime of criminal mistreatment in the third degree if the person is the parent of a child, is a person entrusted with the physical custody of a child or other dependent person, is a person who has assumed the responsibility to provide to a dependent person the basic necessities of life, or is a person employed to provide to the child or dependent person the basic necessities of life and with criminal negligence, creates an imminent and substantial risk of substantial bodily harm to a child or dependent person by withholding any of the basic necessities of life.
B. For purposes of this section, “a person who has assumed the responsibility to provide to a dependent person the basic necessities of life” means a person other than: (1) a government agency that regularly provides assistance or services to dependent persons, including but not limited to the Department of Social and Health Services; or (2) a good Samaritan as defined in this chapter.
C. Criminal mistreatment in the third degree is a gross misdemeanor. (Ord. 3567-17 § 2, 2017: Ord. 2621-02 § 1, 2002: Ord. 2468-00 § 2, 2000)
10.19.025 Criminal mistreatment in the fourth degree.
A. A person is guilty of the crime of criminal mistreatment in the fourth degree if the person is the parent of a child, is a person entrusted with the physical custody of a child or other dependent person, is a person who has assumed the responsibility to provide to a dependent person the basic necessities of life, or is a person employed to provide to the child or dependent person the basic necessities of life, and either:
1. With criminal negligence, creates an imminent and substantial risk of bodily injury to a child or dependent person by withholding any of the basic necessities of life; or
2. With criminal negligence, causes bodily injury or extreme emotional distress manifested by more than transient physical symptoms to a child or dependent person by withholding any of the basic necessities of life.
B. For purposes of this section, “a person who has assumed the responsibility to provide to a dependent person the basic necessities of life” means a person other than: (1) a government agency that regularly provides assistance or services to dependent persons, including but not limited to the Department of Social and Health Services; or (2) a good Samaritan as defined in RCW 9A.42.010.
C. Criminal mistreatment in the fourth degree is a misdemeanor. (Ord. 3567-17 § 3, 2017: Ord. 2621-02 § 2, 2002)
10.19.030 Withdrawal of life support systems.
Sections 10.19.020 and 10.19.025 do not apply to decisions to withdraw life support systems made in accordance with Chapter 7.70 or 70.122 RCW by the dependent person, his or her legal surrogate, or others with a legal duty to care for the dependent person. (Ord. 2621-02 § 3, 2002: Ord. 2468-00 § 3, 2000)
10.19.040 Palliative care for terminally ill persons.
Sections 10.19.020 and 10.19.025 do not apply when a terminally ill or permanently unconscious person or his or her legal surrogate, as set forth in Chapter 7.70 RCW, requests, and the person receives, palliative care from a licensed home health agency, hospice agency, nursing home, or hospital providing care under the medical direction of a physician. As used in this section, the terms “terminally ill” and “permanently unconscious” have the same meaning as “terminal condition” and “permanent unconscious condition” in Chapter 70.122 RCW. (Ord. 3567-17 § 4, 2017: Ord. 2468-00 § 4, 2000)
10.19.050 Defense of financial inability.
In any prosecution for criminal mistreatment, it shall be a defense that the withholding of the basic necessities of life is due to financial inability only if the person charged has made a reasonable effort to obtain adequate assistance. This defense is available to a person employed to provide the basic necessities of life only when the agreed-upon payment has not been made. (Ord. 2468-00 § 5, 2000)
10.19.060 Abandonment of a dependent person in the third degree.
A. Except as provided in subsection C of this section, a person is guilty of the crime of abandonment of a dependent person in the third degree if:
1. The person is the parent of a child, a person entrusted with the physical custody of a child or other dependent person, a person who has assumed the responsibility to provide to a dependent person the basic necessities of life, or a person employed to provide to the child or dependent person any of the basic necessities of life; and
2. The person recklessly abandons the child or other dependent person; and:
a. As a result of being abandoned, the child or other dependent person suffers bodily harm; or
b. Abandoning the child or other dependent person creates an imminent and substantial risk that the child or other person will suffer substantial bodily harm.
B. Abandonment of a dependent person in the third degree is a gross misdemeanor.
C. A parent of a newborn who transfers the newborn to a qualified person at an appropriate location is not subject to criminal liability under this section. (Ord. 3567-17 § 5, 2017: Ord. 2620-02 § 2, 2002: Ord. 2468-00 § 6, 2000)
10.19.070 Christian Science treatment.
It is the intent of the city council that a person who, in good faith, is furnished Christian Science treatment by a duly accredited Christian Science practitioner in lieu of medical care is not considered deprived of medically necessary health care or abandoned. (Ord. 2468-00 § 7, 2000)
10.19.080 Leaving a child in the care of a sex offender.
A. A person is guilty of the crime of leaving a child in the care of a sex offender if:
1. The person is:
a. The parent of a child;
b. Entrusted with the physical custody of a child; or
c. Employed to provide to the child the basic necessities of life; and
2. The person leaves the child in the care or custody of another person who is not a parent, guardian, or lawful custodian of the child, knowing that the person is registered or required to register as a sex offender, under state or local law, because of a sex offense against a child.
B. It is an affirmative defense to the charge of leaving a child in the care of a sex offender under this section, that the defendant must prove by a preponderance of the evidence, that a court has entered an order allowing the offender to have unsupervised contact with children, or that the offender is allowed to have unsupervised contact with the child in question under a family reunification plan, which has been approved by a court, the department of corrections, or the department of social and health services in accordance with department policies.
C. Leaving a child in the care of a sex offender is a misdemeanor. (Ord. 2619-02 § 1, 2002)