Chapter 10.68
TRESPASS AND RELATED OFFENSES
Sections:
10.68.020 Making or having tools commonly used for the commission of burglary or other crime.
10.68.030 Criminal trespass—First degree.
10.68.040 Criminal trespass—Second degree.
10.68.050 Criminal trespass—Defenses.
10.68.070 Interference with health care facility.
10.68.010 Definitions.
The following definitions apply in this chapter:
A. Enter. The word “enter” when constituting an element or part of a crime, includes the entrance of the person, or the insertion of any part of his body, or any instrument or weapon held in his hand and used or intended to be used to threaten or intimidate a person or to detach or remove property;
B. Enters or remains unlawfully.
1. A person “enters or remains unlawfully” in or upon premises when he is not then licensed, invited, or otherwise privileged to so enter or remain.
2. A license or privilege to enter or remain in a building which is only partly open to the public is not a license or privilege to enter or remain in that part of the building which is not open to the public. A person who enters or remains upon unimproved and apparently unused land, which is neither fenced nor otherwise enclosed in a manner designed to exclude intruders, does so with license and privilege unless notice against trespass is personally communicated to him by the owner of the land or some other authorized person, or unless notice is given by posting in a conspicuous manner. Land that is used for growing an agricultural crop or crops, other than timber, is not unimproved and apparently unused land if a crop or any other sign of cultivation is visible. Similarly, a field fenced in any manner is not unimproved and apparently unused land.
C. “Premises” includes any building, dwelling, or any real property. (Amended during 1/88 supplement; Ord. 1145-85 § 44, 1985)
10.68.020 Making or having tools commonly used for the commission of burglary or other crime.
A. Every person who shall make or mend or cause to be made or mended, or have in his possession, any engine, machine, tool, false key, shaved key, pick lock, bit, nippers, or implement adapted, designed, or commonly used for the commission of burglary, or other crime, including but not limited to theft of a motor vehicle, under circumstances evincing an intent to use or employ, or allow the same to be used or employed in the commission of a crime, or knowing that the same is intended to be so used, shall be guilty of making or having tools commonly used for the commission of burglary or other crime.
B. Making or having tools commonly used for the commission of burglary or other crime is a gross misdemeanor. (Ord. 2623-02 § 1, 2002: Ord. 1145-85 § 45, 1985)
10.68.030 Criminal trespass—First degree.
A. A person is guilty of criminal trespass in the first degree if he knowingly enters or remains unlawfully in a building.
B. Criminal trespass in the first degree is a gross misdemeanor. (Ord. 1145-85 § 46, 1985)
10.68.040 Criminal trespass—Second degree.
A. A person is guilty of criminal trespass in the second degree if he knowingly enters or remains unlawfully in or upon premises of another under circumstances not constituting criminal trespass in the first degree.
B. Criminal trespass in the second degree is a misdemeanor. (Ord. 2158-96 § 1, 1996; Ord. 1145-85 § 47, 1985)
10.68.050 Criminal trespass—Defenses.
In any prosecution under Sections 10.68.030 and 10.68.040, it is a defense that:
A. A building involved in an offense under Section 10.68.030 was abandoned; or
B. The premises were at the time open to members of the public and the actor complied with all lawful conditions imposed on access to or remaining in the premises; or
C. The actor reasonably believed that the owner of the premises, or other person empowered to license access thereto, would have licensed him to enter or remain. (Ord. 1145-85 § 48, 1985)
10.68.060 Vehicle prowling.
A. A person is guilty of vehicle prowling if, with intent to commit a crime against a person or property therein, he enters or remains unlawfully in a vehicle other than a motor home, as defined in RCW 46.04.305, or a vessel equipped for propulsion by mechanical means or by sail which has a cabin equipped with permanently installed sleeping quarters or cooking facilities.
B. Except as provided in subsection C of this section, vehicle prowling is a gross misdemeanor.
C. Vehicle prowling in the second degree is a class C felony upon a third or subsequent conviction of vehicle prowling in the second degree. A third or subsequent conviction means that a person has been previously convicted on at least two separate occasions of the crime of vehicle prowling in the second degree.
D. Multiple counts of vehicle prowling (1) charged in the same charging document do not count as separate offenses for the purposes of charging as a felony based on previous convictions for vehicle prowling in the second degree, and (2) based on the same date of occurrence do not count as separate offenses for the purposes of charging as a felony based on previous convictions for vehicle prowling in the second degree. (Ord. 3335-13 § 1, 2013: Ord. 1145-85 § 49, 1985)
10.68.070 Interference with health care facility.
A. It is unlawful for a person except as otherwise protected by state or federal law, alone or in concert with others, to willfully or recklessly interfere with access to or from a health care facility or willfully or recklessly disrupt the normal functioning of such facility by:
1. Physically obstructing or impeding the free passage of a person seeking to enter or depart from the facility or from the common areas of the real property upon which the facility is located;
2. Making noise that unreasonably disturbs the peace within the facility;
3. Trespassing on the facility or the common areas of the real property upon which the facility is located;
4. Telephoning the facility repeatedly, or knowingly permitting any telephone under his or her control to be used for such purpose; or
5. Threatening to inflict injury on the owners, agents, patients, employees, or property of the facility or knowingly permitting any telephone under his or her control to be used for such purpose.
B. Penalty. A violation of subsection A of this section is a gross misdemeanor. A person convicted of violating subsection A of this section shall be punished as follows:
1. For a first offense, a fine of not less than two hundred fifty dollars and a jail term of not less than twenty-four consecutive hours;
2. For a second offense, a fine of not less than five hundred dollars and a jail term of not less than seven consecutive days; and
3. For a third or subsequent offense, a fine of not less than one thousand dollars and a jail term of not less than thirty consecutive days.
C. Definitions.
1. “Health care facility” means a facility that provides health care services directly to patients, including, but not limited to, a hospital, clinic, health care provider’s office, health maintenance organization, diagnostic or treatment center, neuropsychiatric or mental health facility, hospice, or nursing home.
2. “Health care provider” has the same meaning as defined in RCW 7.70.020(1) and (2), and also means an officer, director, employee, or agent of a health care facility who sues or testifies regarding matters within the scope of his or her employment. (Ord. 3692-19 § 1, 2019)