VI. Offenses Against Property
Chapter 10.56
THEFT AND RELATED OFFENSES1
Sections:
10.56.050 Possessing stolen property—Defined.
10.56.060 Possessing stolen property.
10.56.070 Theft of shopping carts.
10.56.080 Theft of shopping carts—Applicability.
10.56.090 Theft of shopping carts—Penalty.
10.56.100 Unlawful issuance of checks or drafts.
10.56.110 Theft of cable television services.
10.56.120 Unlawful sale of cable television services.
10.56.130 Forfeiture and disposal of device used to commit violation.
10.56.140 Connection of channel converter.
10.56.150 Fraud in obtaining telephone or telegraph service—Penalty.
10.56.160 Repealed.
10.56.170 Repealed.
10.56.180 Theft of rental, leased, lease-purchased or loaned property.
10.56.190 Unlawful use of identifying information.
10.56.010 Definitions.
The following definitions are applicable in this chapter unless the context otherwise requires:
A. “Access device” means any card, plate, code, account number, or other means of account access that can be used alone or in conjunction with another access device to obtain money, goods, services, or anything else of value, or that can be used to initiate a transfer of funds, other than a transfer originated solely by paper instrument.
B. “Appropriate lost or misdelivered property or services” means obtaining or exerting control over the property or services of another which the actor knows to have been lost or mislaid, or to have been delivered under a mistake as to identity of the recipient or as to the nature or amount of the property.
C. “By color or aid of deception” means that the deception operated to bring about the obtaining of the property or services; it is not necessary that deception be the sole means of obtaining the property or services.
D. “Deception” occurs when an actor knowingly:
1. Creates or confirms another’s false impression which the actor knows to be false; or
2. Fails to correct another’s impression which the actor previously has created or confirmed; or
3. Prevents another from acquiring information material to the disposition of the property involved; or
4. Transfers or encumbers property without disclosing a lien, adverse claim, or other legal impediment to the enjoyment of the property, whether that impediment is or is not valid, or is or is not a matter of official record; or
5. Promises performance which the actor does not intend to perform or knows will not be performed.
E. “Deprive” in addition to its common meaning means to make unauthorized use or an unauthorized copy of records, information, data, trade secrets, or computer programs.
F. “Obtain control over,” in addition to its common meaning, means:
1. In relation to property, to bring about a transfer or purported transfer to the obtainer or another of a legally recognized interest in the property; or
2. In relation to labor or service, to secure performance thereof for the benefit of the obtainer or another.
G. “Wrongfully obtains” or “exerts unauthorized control” means:
1. To take the property or services of another; or
2. Having any property or services in one’s possession, custody or control as bailee, factor, lessee, pledgee, renter, servant, attorney, agent, employee, trustee, executor, administrator, guardian, or officer of any person, estate, association, or corporation, or as a public officer, or person authorized by agreement or competent authority to take or hold such possession, custody, or control, to secrete, withhold, or appropriate the same to his own use or to the use of any person other than the true owner or person entitled thereto; or
3. Having any property or services in one’s possession, custody or control as partner, to secrete, withhold or appropriate the same to his or her use or to the use of any person other than the true owner or person entitled thereto, where the use is unauthorized by the partnership agreement.
H. “Owner” means a person, other than the actor, who has possession of or any other interest in the property or services involved, and without whose consent the actor has no authority to exert control over the property or services.
I. “Receive” includes, but is not limited to, acquiring title, possession, control, or a security interest, or any other interest in the property.
J. “Services” includes, but is not limited to, labor, professional services, transportation services, electronic computer services, the supplying of hotel accommodations, restaurant services, entertainment, the supplying of equipment for use, and the supplying of commodities of a public utility nature such as gas, electricity, steam, and water.
K. “Shoplift” means willfully taking possession of any goods, wares or merchandise 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 or her own use without having paid the purchase price thereof.
L. “Stolen” means obtained by theft, robbery, or extortion.
M. Value.
1. “Value” means the market value of the property or services at the time and in the approximate area of the criminal act.
2. Whether or not they have been issued or delivered, written instruments, except those having a readily ascertained market value, shall be evaluated as follows:
a. The value of an instrument constituting an evidence of debt, such as a check, draft, or promissory note, shall be deemed the amount due or collectible thereon or thereby, that figure ordinarily being the face amount of the indebtedness less any portion thereof which has been satisfied;
b. The value of a ticket or equivalent instrument which evidences a right to receive transportation, entertainment, or other service shall be deemed the price stated thereon, if any; and if no price is stated thereon, the value shall be deemed the price of such ticket or equivalent instrument which the issuer charged the general public;
c. The value of any other instrument that creates, releases, discharges, or otherwise affects any valuable legal right, privilege, or obligation shall be deemed the greatest amount of economic loss which the owner of the instrument might reasonably suffer by virtue of the loss of the instrument.
3. Property or services having value that cannot be ascertained pursuant to the standards set forth above shall be deemed to be of a value not exceeding seven hundred fifty dollars.
N. “Shopping cart” means a basket mounted on wheels or similar container generally used in a retail establishment by a customer for the purpose of transporting goods of any kind.
O. “Parking area” means a parking lot or other property provided by retailers for use by a customer for parking an automobile or other vehicle. (Ord. 3138-09 § 2, 2009: Ord 2270-98 § 1, 1998: amended during 1/88 supplement; Ord. 1262 § 1, 1986; Ord. 1145-85 § 50, 1985)
10.56.020 Theft—Defined.
A. To wrongfully obtain or exert unauthorized control over the property or services of another or the value thereof, with intent to deprive him of such property or services; or
B. By color or aid of deception to obtain control over the property or services of another or the value thereof, with intent to deprive him of such property or services; or
C. To appropriate lost or misdelivered property or services of another, or the value thereof, with intent to deprive him of such property or services; or
D. To shoplift. (Amended during 1/88 supplement; Ord. 1145-85 § 51, 1985)
10.56.030 Theft.
A. A person is guilty of theft if he commits theft of property or services which does not exceed seven hundred fifty dollars in value.
B. Theft is a gross misdemeanor. (Ord. 3138-09 § 3, 2009: amended during 1/88 supplement; Ord. 1145-85 § 52, 1985)
10.56.040 Theft—Defense.
In any prosecution for theft, it shall be a sufficient defense that the property or service was appropriated openly and avowedly under a claim of title made in good faith, even though the claim be untenable. (Amended during 1/88 supplement; Ord. 1145-85 § 53, 1985)
10.56.050 Possessing stolen property—Defined.
A. A person is guilty of possessing stolen property if he possesses stolen property which does not exceed seven hundred fifty dollars in value.
B. Possessing stolen property is a gross misdemeanor. (Ord. 3138-09 § 6, 2009: amended during 1/88 supplement; Ord. 1145-85 § 54, 1985)
10.56.060 Possessing stolen property.
A. A person is guilty of possessing stolen property if he possesses stolen property which does not exceed seven hundred fifty dollars in value.
B. Possessing stolen property is a gross misdemeanor. (Ord. 3138-09 § 6, 2009: amended during 1/88 supplement; Ord. 1145-85 § 55, 1985)
10.56.070 Theft of shopping carts.
It is unlawful to do any of the following acts, if a shopping cart has a permanently affixed sign as provided in Section 10.56.080:
A. To remove a shopping cart from the parking area of a retail establishment with the intent to deprive the owner of the shopping cart of the use of the cart; or
B. To be in possession of any shopping cart that has been removed from the parking area of a retail establishment with the intent to deprive the owner of the shopping cart of the use of the cart. (Amended during 1/88 supplement; Ord. 1262-86 § 2 (part), 1986)
10.56.080 Theft of shopping carts—Applicability.
This section shall apply only when a shopping cart:
(a) Has a sign permanently affixed to it that identities the owner of the cart or the retailer, or both;
(b) Notifies the public of the procedure to be utilized for authorized removal of the cart from the premises;
(c) Notifies the public that the unauthorized removal of the cart from the premises or parking area of the retail establishment or the unauthorized possession of the cart, is unlawful; and
(d) Lists a telephone number or address for returning carts removed from the premises or parking area to the owner or retailer. (Amended during 1/88 supplement; Ord. 1262-86 § 2 (part), 1986)
10.56.090 Theft of shopping carts—Penalty.
Any person who violates any provision of Section 10.56.070 is guilty of a misdemeanor. (Amended during 1988 supplement; Ord. 1262-86 § 2 (part), 1986)
10.56.100 Unlawful issuance of checks or drafts.
A. Any person who shall with intent to defraud make, or draw, or utter, or deliver 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 or she has not sufficient funds in, or credit with, the bank or other depository to meet the check or draft in full upon its presentation, is guilty of unlawful issuance of bank check. The word “credit” as used herein shall be construed to mean an arrangement or understanding with the bank or other depository for the payment of such check or draft, and the uttering or delivering 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.
B. Any person who shall with intent to defraud make, or draw, or utter, or deliver to another person any check or draft on a bank or other depository for the payment of money and who issues a stop-payment order directing the bank or depository on which the check is drawn not to honor the check, and who fails to make payment of money in the amount of the check or draft or otherwise arrange a settlement agreed upon by the holder of the check within twenty days of issuing the check or draft, is guilty of unlawful issuance of a bank check.
C. Unlawful issuance of a bank check in an amount of seven hundred fifty dollars or less is a gross misdemeanor and shall be punished as follows:
1. The court shall order the defendant to make full restitution;
2. The defendant need not be imprisoned, but the court shall impose a fine of up to one thousand, one hundred twenty-five dollars. Of the fine imposed, at least three hundred seventy-five dollars or an amount equal to one hundred fifty percent of the amount of the bank check, whichever is greater, shall not be suspended or deferred. Upon conviction for a second offense within any twelve-month period, the court may not suspend or defer any portion of the fine. (Ord. 3138-09 § 4, 2009: amended during 1/88 supplement; Ord. 1145-85 § 56, 1985)
10.56.110 Theft of cable television services.
A. A person is guilty of theft of cable television services if:
1. With intent to avoid payment of the lawful charge for any communication service of a cable system, he or she:
a. Tampers with the equipment of the cable system, whether by mechanical, electrical, acoustical or other means; or
b. Knowingly misrepresents a material fact; or
c. Uses any other artifice, trick, deception, code or other device; and
2. He or she wrongfully obtains cable communication services for himself or herself or another.
B. Sections 10.56.110 through 10.56.130 of this chapter do not apply to the interception or receipt by any individual or the assisting (including the manufacture or sale), of such interception or receipt of any satellite-transmitted programming for private use.
C. Theft of cable television services is a gross misdemeanor. (Ord. 1631-89 §§ 1, 5 (part), 1989)
10.56.120 Unlawful sale of cable television services.
A. A person is guilty of unlawful sale of cable television services if, with intent to avoid payment of the lawful charge for any communications services of a cable system, he or she offers for sale or otherwise makes available any telecommunications decoder or descrambler that defeats a mechanism of electronic signal encryption, or that restricts delivery of individually addressed switching imposed by the cable system.
B. Unlawful sale of cable television services is a gross misdemeanor. (Ord. 1631-89 §§ 2, 5 (part), 1989)
10.56.130 Forfeiture and disposal of device used to commit violation.
Upon conviction of theft or unlawful sale of cable television services and upon motion and hearing, the court shall order the forfeiture of any decoder, descrambler or other device used in committing the violation of Section 10.56.110 or 10.56.120 as contraband and dispose of it at the court’s discretion. (Ord. 1631-89 §§ 3, 5 (part), 1989)
10.56.140 Connection of channel converter.
No person may be charged with theft under Section 10.56.110 for connecting a nondecoding or nondescrambling channel frequency converter, which includes cable-ready television sets, video recorders or similar equipment, to a cable system. (Ord. 1631-89 §§ 4, 5 (part), 1989)
10.56.150 Fraud in obtaining telephone or telegraph service—Penalty.
Every person who, with intent to evade the provisions of any order of the Washington utilities and transportation commission or of any tariff, rule, or regulation lawfully filed with said commission by any telephone or telegraph company, or with intent to defraud, obtains telephone or telegraph service from any telephone or telegraph company through the use of a false or fictitious name or telephone number or the unauthorized use of the name or telephone number of another, or through any other trick, deceit or fraudulent device, shall be guilty of a misdemeanor. If the value of the telephone or telegraph service which any person obtains in violation of this section during a period of ninety days exceeds fifty dollars in the aggregate, but does not exceed two hundred fifty dollars in the aggregate, then such person shall be guilty of a gross misdemeanor. (Ord. 1636-89 §§ 1, 4 (part), 1989)
10.56.160 Encumbered, leased or rented personal property.
Repealed by Ord. 2270-98. (Ord. 1636-89 §§ 2, 4 (part), 1989)
10.56.170 Failure to deliver leased personal property—Requisites for prosecution.
Repealed by Ord. 2270-98. (Ord. 1636-89 §§ 3, 4 (part), 1990)
10.56.180 Theft of rental, leased, lease-purchased or loaned property.
A. A person who, with intent to deprive the owner or owner’s agent, wrongfully obtains, or exerts unauthorized control over, or by color or aid of deception gains control of personal property that is rented, leased, or loaned by written agreement to the person is guilty of theft of rental, leased, lease-purchased, or loaned property.
B. The finder of fact may presume intent to deprive if the finder of fact finds either of the following:
1. That the person who rented or leased the property failed to return or make arrangements acceptable to the owner of the property or the owner’s agent to return the property to the owner or the owner’s agent within seventy-two hours after receipt of proper notice following the due date of the rental, lease, lease-purchase, or loan agreement; or
2. That the renter, lessee, or borrower presented identification to the owner or the owner’s agent that was materially false, fictitious, or not current with respect to name, address, place of employment, or other appropriate items.
C. As used in subsection B of this section, “proper notice” consists of a written demand by the owner or the owner’s agent made after the due date of the rental, lease, lease-purchase, or loan period, mailed by certified or registered mail to the renter, lessee, or borrower at:
1. The address the renter, lessee, or borrower gave when the contract was made; or
2. The renter’s, lessee’s, or borrower’s last known address if later furnished in writing by the renter, lessee, borrower, or the agent of the renter, lessee, or borrower.
D. The replacement value of the property obtained must be utilized in determining the amount involved in the theft of rental, leased, lease-purchased, or loaned property.
E. 1. Theft of rental, leased, lease-purchased, or loaned property is a class B felony if the rental, leased, lease-purchased, or loaned property is valued at five thousand dollars or more.
2. Theft of rental, leased, lease-purchased, or loaned property is a class C felony if the rental, leased, lease-purchased, or loaned property is valued at seven hundred fifty dollars or more but less than five thousand dollars.
3. Theft of rental, leased, lease-purchased, or loaned property is a gross misdemeanor if the rental, leased, lease-purchased, or loaned property is valued at less than seven hundred fifty dollars.
F. This section applies to rental agreements that provide that the renter may return the property any time within the rental period and pay only for the time the renter actually retained the property, in addition to any minimum rental fee, to lease agreements, to lease-purchase agreements as defined under RCW 63.19.010, and to vehicles loaned to prospective purchasers borrowing a vehicle by written agreement from a motor vehicle dealer licensed under Chapter 46.70 RCW. This section does not apply to rental or leasing of real property under the Residential Landlord-Tenant Act, Chapter 59.18 RCW. (Ord. 3138-09 § 5, 2009: Ord. 3029-07 § 1, 2007: Ord. 2270-98 § 2, 1998)
10.56.190 Unlawful use of identifying information.
A. It is unlawful for any person to knowingly use a means of identification of another person to solicit undesired mail with the intent to annoy, harass, intimidate, torment, or embarrass that person.
B. For purposes of this section, “means of identification” has the meaning provided in RCW 9.35.020.
C. Violation of this section is a misdemeanor. (Ord. 2464-00 § 1, 2000)
For statutory provisions concerning theft, see Ch. 9A.56 RCW.