Chapter 10.66
CRIMINAL MISCHIEF
AND RELATED OFFENSES
Sections:
10.66.020 Interference with property.
10.66.030 Criminal mischief—Physical damage defined.
10.66.040 Criminal mischief—Designated— Prohibited.
10.66.050 Reckless burning—Designated— Prohibited.
10.66.060 Reckless burning—Defense.
10.66.010 Definitions.
As used in this chapter:
A. “Building” has the definition in Section 10.02.060 and where a building consists of two or more units separately secured or occupied, each unit shall not be treated as a separate building.
B. “Damages,” in addition to its ordinary meaning, includes any charring, scorching, burning, or breaking, or agricultural or industrial sabotage, and shall include any diminution in the value of any property as a consequence of an act.
C. “Property of another” means property in which the actor possesses anything less than exclusive ownership. (Ord. 2646-02 § 1, 2002; Ord. 1145-85 § 38, 1985)
10.66.020 Interference with property.
A. A person commits the offense of interference with property if, having no right to do so nor reasonable ground to believe he or she has such a right, he or she intentionally tampers or interferes with the property of another.
B. Interference with property is a misdemeanor, and may be punished by a fine not to exceed one thousand dollars. (Ord. 1145-85 § 39, 1985)
10.66.030 Criminal mischief—Physical damage defined.
For the purposes of Section 10.66.040, “physical damage,” in addition to its ordinary meaning, shall include the total or partial alteration, damage, obliteration, or erasure of records, information, data, computer programs, or their computer representations, which are recorded for use in computers or the impairment, interruption, or interference with the use of such records, information, data, or computer programs, or the impairment, interruption, or interference with the use of any computer or services provided by computers. “Physical damage” also includes any diminution in the value of any property as the consequence of an act. (Ord. 1145-85 § 41, 1985)
10.66.040 Criminal mischief—Designated— Prohibited.
A. A person is guilty of criminal mischief if he or she knowingly and maliciously causes physical damage to the property of another, under circumstances not amounting to malicious mischief in the first or second degree, as those offenses are defined in Chapter 9A.48 RCW.
B. Criminal mischief is a gross misdemeanor. (Ord. 3138-09 § 1, 2009: Ord. 1145-85 § 40, 1985)
10.66.050 Reckless burning—Designated— Prohibited.
A. A person is guilty of reckless burning if he knowingly causes a fire or explosion, whether on his own property or that of another, and thereby recklessly places a building or other structure, or any vehicle, railway car, aircraft, or watercraft, or any hay, grain, crop or timber, whether cut or standing, in danger of destruction or damage.
B. Reckless burning is a gross misdemeanor. (Ord. 1145-85 § 42, 1985)
10.66.060 Reckless burning—Defense.
In any prosecution for the crime of reckless burning, it shall be a defense if the defendant establishes by a preponderance of the evidence that:
A. No person other than the defendant had a possessory, or pecuniary interest in the damaged or endangered property, or if other persons had such an interest, all of them consented to the defendant’s conduct; and
B. The defendant’s sole intent was to destroy or damage the property for a lawful purpose. (Ord. 1145-85 § 43, 1985)