Chapter 9.05 GENERAL PROVISIONS

Section and subsection captions are for organizational purposes only and shall not be construed as part of the ordinance codified in this title. [Ord. 232 § 1(1.1), 1980.]

9.05.020 Criminal jurisdiction.

The following persons are liable to punishment:

A. A person who commits within this jurisdiction any crime, in whole or in part.

B. A person who commits out of this jurisdiction any act which, if committed within it, would be theft and is afterward found in this jurisdiction with any of the stolen property.

C. A person who being out of this jurisdiction counsels, causes, procures, aids or abets another to commit a crime in this jurisdiction.

D. A person who, being out of this jurisdiction, abducts or kidnaps by force or fraud any person, contrary to the laws of the place where the act is committed, and brings, sends or conveys such person into this jurisdiction.

E. A person who commits an act without this jurisdiction which affects persons or property within this jurisdiction, would be a crime. [Ord. 232 § 1(1.2), 1980.]

9.05.030 Capability of children to commit crimes.

Children under the age of eight years are incapable of committing crime. Children of eight and under 12 years of age are presumed to be incapable of committing crime, but this presumption may be resolved by proof that they have sufficient capacity to understand the acts or neglect, and to know that it was wrong. Whenever, in legal proceedings it becomes necessary to determine the age of a child, he may be produced for inspection, to enable the court or jury to determine the age thereby; and the court may also direct his examination by one or more physicians, whose opinion shall be competent evidence upon the question of his age. [Ord. 232 § 1(1.3), 1980.]

9.05.040 Common law to supplement statute.

The provisions of the common law relating to the commission of crime and punishment thereof, insofar as not inconsistent with the Constitution and statutes of this State, shall supplement all penal statutes of this State and all persons offending against the same shall be tried in the courts of this State having jurisdiction of the offense. [Ord. 232 § 1(1.4), 1980.]

9.05.050 Proof beyond a reasonable doubt.

A. Every person charged with the commission of a crime is presumed innocent unless proved guilty. No person may be convicted of a crime unless each element of such crime is proved by competent evidence beyond a reasonable doubt.

B. When a crime has been proven against a person, and there exists a reasonable doubt as to which of two or more degrees he is guilty, he shall be convicted only of the lowest degree. [Ord. 232 § 1(1.5), 1980.]

9.05.060 Definitions.

In this title unless a different meaning plainly is required:

A. “Acted” includes, where relevant, omitted to act;

B. “Actor” includes, where relevant, a person failing to act;

C. “Benefit” is any gain or advantage to the beneficiary, including any gain or advantage to a third person pursuant to the desire or consent of the beneficiary;

D. “Bodily injury” or “physical injury” means physical pain, illness, or an impairment of physical condition;

E. “Building,” in addition to its ordinary meaning, includes any dwelling, fenced area, vehicle, railway car, cargo container, or any other structure used for lodging of persons or for carrying on business therein, or for the use, sale or deposit of goods; each unit of a building consisting of two or more units separately secured or occupied is a separate building;

F. “Deadly weapon” means any explosive or loaded or unloaded firearm, and shall include any other weapon, device, instrument, article, or substance, including a “vehicle” as defined in this chapter, which, under the circumstances in which it is used, attempted to be used, or threatened to be used, is readily capable of causing death or serious bodily injury;

G. “Dwelling” means any building or structure, though movable or temporary, or a portion thereof, which is used or ordinarily used by a person for lodging;

H. “Government” includes any branch, subdivision, or agency of the government of this State and any county, city, district, or other local governmental unit;

I. “Governmental function” includes any activity which a public servant is legally authorized or permitted to undertake on behalf of a government;

J. “Indicted” and “indictment” include “informed against” and “information,” and “informed against” and “information” include “indicted” and indictment”;

K. “Judge” includes every judicial officer authorized, alone or with others, to hold or preside over a court;

L. “Malice” and “maliciously” shall import an evil intent, wish, or design to vex, annoy, or injure another person. Malice may be inferred from an act done in willful disregard of the rights of another, or an act wrongfully done without just cause or excuse, or an act or omission of duty betraying a willful disregard of social duty;

M. “Officer” and “public officer” means a person holding office under a city, county, or State government, or the Federal government who performs a public function and in so doing is vested with the exercise of some sovereign power of government, and includes all assistants, deputies, clerks and employees of any public officer and all persons lawfully exercising or assuming to exercise any of the powers or functions of a public officer;

N. “Omission” deems a failure to act;

O. “Peace officer” means a duly appointed City, County, or State law enforcement officer;

P. “Pecuniary benefit” means any gain or advantage in the form of money, property, commercial interest, or anything else the primary significance of which is economic gain;

Q. “Person,” “he,” and “actor” include any natural person and, where relevant, a corporation, joint stock association, or an unincorporated association;

R. “Place of work” includes but is not limited to all the lands and other real property of a farm or ranch in the case of an actor who owns, operates, or is employed to work on such a farm or ranch;

S. “Prison” means any place designated by law for the keeping of persons held in custody under process of law, or under lawful arrest, including but not limited to any State correctional institution or any County or City jail;

T. “Prisoner” includes any person held in custody under process of law, or under lawful arrest;

U. “Property” means anything of value, whether tangible or intangible, real or personal;

V. “Property of another” means property in which the actor possesses anything less than exclusive ownership;

W. “Public servant” means any person other than a witness who presently occupies the position of or has been elected, appointed, or designated to become any officer or employee of government, including a legislator, judge, judicial officer, juror, and any person participating as an advisor, consultant, or otherwise in performing a governmental function;

X. “Signature” includes any memorandum, mark, or sign made with intent to authenticate any instrument or writing, or the subscription of any person thereto;

Y. “Threat” means to communicate, directly or indirectly the intent:

1. To cause bodily injury in the future to the person threatened or to any other person; or

2. To cause physical damage to the property of a person other than the actor; or

3. To subject the person threatened or any other person to physical confinement or restraint; or

4. To accuse any person of a crime or cause criminal charges to be instituted against any person; or

5. To expose a secret or publicize an asserted fact, whether true or false, tending to subject any person to hatred, contempt, or ridicule; or

6. To reveal any information sought to be concealed by the person threatened; or

7. To testify or provide information or withhold testimony or information with respect to another’s legal claim or defense; or

8. To take wrongful action as an official against anyone or anything, or wrongfully withhold official action, or cause such action or withholding; or

9. To bring about or continue a strike, boycott, or other similar collective action to obtain property which is not demanded or received for the benefit of the group which the actor purports to represent; or

10. To do any other act which is intended to harm substantially the person threatened or another with respect to his health, safety, business, financial condition, or personal relationships;

Z. “Vehicle” means a “motor vehicle” as defined in the vehicle and traffic laws, any aircraft, or any vessel equipped for propulsion by mechanical means or by sail;

AA. Words in the present tense shall include the future tense; and in the masculine shall include the feminine and neuter genders; and in the singular shall include the plural; and in the plural shall include the singular. [Ord. 588 § 1, 2002; Ord. 232 § 1(1.6), 1980.]

9.05.070 Citizen immunity if aiding officer, scope – When.

Private citizens aiding a police officer, or other officer of the law in the performance of their duties as police officers or officers of the law shall have the same civil and criminal immunity as such officer, as a result of any act or commission for aiding or attempting to aid a police officer or other officer of the law when such officer is in imminent danger of loss of life or grave bodily injury or when such officer requests such assistance and when such action was taken under emergency conditions and in good faith. [Ord. 232 § 1(1.7), 1980.]

9.05.080 Omission to act – When not punishable.

No person shall be punished for an omission to perform an act when such act has been performed by another acting in his behalf, and competent to perform it. [Ord. 232 § 1(1.8), 1980.]

9.05.090 Sending letter – When complete.

Whenever any statute makes the sending of a letter criminal, the offense shall be deemed complete from the time it is deposited in any post office or other place, or delivered to any person, with the intent that it shall be forwarded, and the sender may be proceeded against in the City wherein it was so deposited or delivered, or in which it was received by the person to whom it was addressed. [Ord. 232 § 1(1.9), 1980.]

9.05.100 Costs of prosecution.

Whenever anyone is convicted of any offense under any section of this title or of any other City ordinance, in addition to the fine imposed he/she must pay the costs of prosecution. In default of such payment, he/she shall be imprisoned until such fine and cost of prosecution is paid or worked out on the basis of $100.00 per each day of imprisonment. [Ord. 677 § 11, 2008; Ord. 232 § 1(1.10), 1980.]

9.05.105 Domestic violence assessment.

A. Any person convicted of a crime involving domestic violence may be assessed a penalty of $100.00 (“DV assessment”). This assessment shall be in addition to, and shall not supersede, any other penalty, restitution, fines, or costs provided for by law.

B. A “crime involving domestic violence,” as used in this section, means any crime as defined by RCW 10.99.020, as presently constituted or hereinafter amended, and the violation of any equivalent ordinances whether presently or hereinafter enacted by the City of Everson.

C. “Convicted,” as used in this section, shall include a plea of guilty, a finding of guilt regardless of whether the imposition of the sentence is deferred or any part of the penalty is suspended, or the levying of a fine. Nothing herein prevents the City from assessing the DV assessment upon the stipulation of the accused as part of a plea or other agreement when a person has been charged with a crime involving domestic violence. [Ord. 680 § 1, 2008.]

9.05.110 Violation of probation – Arrest.

Whenever a duly commissioned law enforcement officer of the City shall have probable cause to believe that a probationer, prior to the termination of the period of his probation is, in such officer’s presence, violating or failing to comply with any ordinance of the City, such officer shall cause the probationer to be brought before the court wherein such officer shall cause the probationer to be brought before the court wherein sentence was deferred to suspended, and for such purpose the police officer may arrest the probationer without warrant or other process. [Ord. 232 § 1(1.11), 1980.]

9.05.120 Violations as misdemeanors – Penalties.

A. Any person violating any of the provisions of or failing to comply with any of the mandatory requirements of any ordinance of the City or this code is guilty of a simple misdemeanor.

B. Each person is guilty of a separate offense for each and every day during any portion of which any violation of any provision of the ordinances of the City or this code is committed, continued or permitted by any such person, and such person shall be punishable accordingly.

C. Except as otherwise specifically provided in any ordinance of this code, there shall be two classes of misdemeanors, punishable as follows:

1. Gross misdemeanor punishable by up to one year in jail or by a fine of not more than $5,000, or both.

2. Simple misdemeanor punishable only by a fine of not more than $5,000.

Provided, however, that any crime herein which is also a crime under State law shall, to the extent of the jurisdiction of the Municipal Court, be punishable as provided by State law.

D. Unless otherwise specifically provided, all misdemeanors shall be simple misdemeanors. [Ord. 677 § 11, 2008; Ord. 302 § 22, 1984; Ord. 232 § 1(1.12), 1980.]

9.05.125 Punishment consistent with State law.

Notwithstanding the punishment prescribed in this code for any violation thereof, the punishment for any offense in this code shall be the same as the punishment provided in State law for the same crime. [Ord. 456 § 4, 1993.]

9.05.130 General requirements of culpability.

A. Kinds of Culpability Defined.

1. Intent. A person acts with intent or intentionally when he acts with the objective or purpose to accomplish a result which constitutes a crime.

2. Knowledge. A person knows or acts knowingly or with knowledge when:

a. He is aware of a fact, facts, or circumstances or result described by a statute defining an offense; or

b. He has information which would lead a reasonable man in the same situation to believe that facts exist which are described by a statute defining an offense.

3. Recklessness. A person is reckless or acts recklessly when he knows of and disregards a substantial risk that a wrongful act may occur and his disregard of such substantial risk is a gross deviation from conduct that a reasonable man would exercise in the same situation.

4. Criminal Negligence. A person is criminally negligent or acts with criminal negligence when he fails to be aware of such substantial risk constitutes a gross deviation from the standard of care that a reasonable man would exercise in the same situation.

B. Substitutes for Criminal Negligence, Recklessness, and Knowledge. When an ordinance provides that criminal negligence suffices to establish an element of an offense, such element also is established if a person acts intentionally, knowingly, or recklessly. When recklessness suffices to establish an element, such element also is established if a person acts intentionally or knowingly. When acting knowingly suffices to establish an element, such element also is established if a person acts intentionally.

C. Culpability as Determinant of Grade of Offense. When the grade or degree of an offense depends on whether the offense is committed intentionally, knowingly, for which the determinative kind of culpability is established with respect to any material element of the offense.

D. Requirement of Willfulness Satisfied by Acting Knowingly. A requirement that an offense to be committed willfully is satisfied if a person acts knowingly with respect to the material elements of the offense, unless a purpose to impose further requirements plainly appears. [Ord. 232 § 1(1.13), 1980.]

9.05.140 Liability for conduct of another – Complicity.

A. A person is guilty of a crime if it is committed by the conduct of another person for which he is legally accountable.

B. A person is legally accountable for the conduct of another person when:

1. Acting with the kind of culpability that is sufficient for the commission of the crime, he causes an innocent or irresponsible person to engage in such conduct;

2. He is made accountable for the conduct of such other person by this chapter or by the law defining the crime; or

3. He is an accomplice of such other person in the commission of the crime.

C. A person is an accomplice of another person in the commission of a crime if:

1. With knowledge that it will promote or facilitate the commission of the crime, he:

a. Solicits, commands, encourages, or requests such other person to commit it; or

b. Aids or agrees to aid such other person in planning or committing it; or

2. His conduct is expressly declared by law to establish his complicity.

D. A person who is legally incapable of committing a particular crime himself may be guilty thereof if it is committed by the conduct of another person for which he is legally accountable, unless such liability is inconsistent with the purpose of the provision establishing his incapacity.

E. Unless otherwise provided by this chapter or by the law defining the crime, a person is not an accomplice in a crime committed by another person if:

1. He is a victim of that crime; or

2. He terminates his complicity prior to the commission of the crime and either gives timely warning to the law enforcement authorities or otherwise makes a good faith effort to prevent the commission of the crime.

F. A person legally accountable for the conduct of another person may be convicted on proof of the commission of the crime and of his complicity therein, though the person claimed to have committed the crime has not been prosecuted or convicted of a different crime or degree of crime or has an immunity to prosecution of conviction or has been acquitted. [Ord. 232 § 1(1.14), 1980.]

9.05.150 Use of force – When lawful.

In this title, unless a different meaning is plainly required:

“Necessary” means that no reasonably effective alternative to the use of force appeared to exist and that the amount of force used was reasonable to effect the lawful purpose intended.

The use, attempt, or offer to use force upon or toward the person of another shall not be unlawful in the following cases:

A. Whenever necessarily used by a public officer in the performance of a legal duty, or a person assisting him and acting under his direction;

B. Whenever necessarily used by a person arresting one who has committed a felony and delivering him to a public officer competent to receive him into custody;

C. Whenever used by a party about to be injured, or by another lawfully aiding him, in preventing or attempting to prevent an offense against his person, or a malicious trespass, or either malicious interference with real or personal property lawfully in his possession, in case the force is not more than shall be necessary;

D. Whenever used in a reasonable and moderate manner by a parent or his authorized agent, a guardian, master, or teacher in the exercise of lawful authority, to restrain or correct his child, ward, apprentice, or scholar;

E. Whenever used by a carrier of passengers or his authorized agent or servant or other person assisting them at their request in expelling from a carriage railway car, vessel, or other vehicle, a passenger who refuses to obey a lawful and reasonable regulation prescribed for the conduct of passengers, if such vehicle has first been stopped and the force used is not more than shall be necessary to expel the offender with reasonable regard to his personal safety;

F. Whenever used by any person to prevent a mentally retarded person or a mentally ill person from committing an act dangerous to himself or another, or in enforcing necessary restraint for the protection of his person, or his restoration to health, during such period only as shall be necessary to obtain legal authority for the restraint or custody of his person. [Ord. 232 § 1(1.15), 1980.]

9.05.160 Duress.

A. In any prosecution for a crime, it is a defense that:

1. The actor participated in the crime under compulsion by another who by threat or use of force created an apprehension in the mind of the actor that in case of refusal he or another would be liable to immediate death or immediate grievous bodily injury; and

2. Such apprehension was reasonable upon the part of the actor; and

3. The actor would not have participated in the crime except for the duress involved.

B. The defense of duress is not available if the actor intentionally or recklessly places himself in a situation in which it is probable that he will be subject to duress.

C. The defense of duress is not established solely by a showing that a married person acted on the command of his or her spouse. [Ord. 232 § 1(1.16), 1980.]

9.05.170 Entrapment.

A. In any prosecution for a crime, it is a defense that:

1. The criminal design originated in the mind of law enforcement officials, or any person acting under their direction; and

2. The actor was lured or induced to commit a crime which the actor had not otherwise intended to commit.

B. The defense of entrapment is not established by a showing, only that law enforcement officials merely afforded the actor an opportunity to commit a crime. [Ord. 232 § 1(1.17), 1980.]

9.05.180 Action for being detained – Reasonable grounds as defense.

In any criminal action brought by reason of any person having been detained on or in the immediate vicinity of the premises of a mercantile establishment for the purpose of investigation or questioning as to the ownership of any merchandise, it shall be a defense of such action that the person was detained in a reasonable manner and for not more than a reasonable time to permit such investigation or questioning by a peace officer, by the owner of the mercantile establishment, or by the owner’s authorized employee or agent, and that such peace officer, owner, employee or agent had reasonable grounds to believe that the person so detained was committing or attempting to commit theft or shoplifting on such premises of such merchandise. As used in this chapter, “reasonable grounds” shall include, but not be limited to, knowledge that a person has concealed possession of nonpurchased merchandise of a mercantile establishment, and a “reasonable time” shall mean the time necessary to permit the person detained to make a statement or to refuse to make a statement, and the time necessary to examine employees and records of the mercantile establishment relative to the ownership of the merchandise. [Ord. 232 § 1(1.18), 1980.]

9.05.190 Intoxication.

No act committed by a person while in a state of voluntary intoxication shall be deemed less criminal by reason of his condition, but whenever the actual existence of any particular mental state is a necessary element to constitute a particular species or degree of crime, the fact of his intoxication may be taken into consideration in determining such mental state. [Ord. 232 § 1(1.19), 1980.]

9.05.200 Alternative to a fine – Restitution.

A. If a person has gained money or property or caused a victim to lose money or property through the commission of a crime, upon conviction thereof the court, in lieu of imposing the fine authorized for the offense under EMC 9.05.120 may order the defendant to pay an amount, fixed by the court, not to exceed double the amount of the defendant’s gain or victim’s loss from the commission of a crime. Such amount may be used to provide restitution to the victim at the order of the court. In such case, the court shall make a finding as to the amount of the defendant’s gain or victim’s loss from the crime, and if the record does not contain sufficient evidence to support such finding the court may conduct a hearing upon the issue. For purposes of this chapter, the terms “gain” or “loss” refer to the amount of money or the value of property or services gained or lost.

B. Notwithstanding any other provision of law, this chapter also applies to any corporation or joint stock association found guilty of any crime. [Ord. 232 § 1(1.20), 1980.]

9.05.210 Criminal attempt.

A. A person is guilty of an attempt to commit crime if, with intent to commit a specific crime, he does any act which is a substantial step toward the commission of that crime.

B. If the conduct in which a person engages otherwise constitutes an attempt to commit a crime, it is no defense to a prosecution of such attempt that the crime charged to have been attempted was, under the attendant circumstance factually or legally impossible of commission.

C. An attempt to commit a crime is a:

1. Class A misdemeanor when the crime attempted is a Class C felony;

2. Class B misdemeanor when the crime attempted is a gross misdemeanor;

3. Class C misdemeanor when the crime attempted is a misdemeanor. [Ord. 232 § 1(1.21), 1980.]

9.05.220 Criminal solicitation.

A. A person is guilty of criminal solicitation when, with intent to promote or facilitate the commission of a crime, he offers to give or gives money or other thing of value to another to engage in specific conduct which would constitute such crime or which would establish complicity of such other person in its commission or attempted commission had such crime been attempted or committed.

B. Criminal solicitation shall be punished in the same manner as criminal attempt under EMC 9.05.210. [Ord. 232 § 1(1.22), 1980.]

9.05.230 Criminal conspiracy.

A. A person is guilty of criminal conspiracy when, with intent that conduct constituting a crime be performed, he agrees with one or more person(s) to engage in or cause the performance of such conduct, and any one of them takes a substantial step in pursuance of such agreement.

B. It shall not be a defense to criminal conspiracy that the person or persons with whom the accused is alleged to have conspired:

1. Has been acquitted; or

2. Lacked the capacity to commit an offense. [Ord. 232 § 1(1.23), 1980.]

9.05.240 Legal defense – Public policy.

It is the public policy of the City of Everson under its “police power” to provide legal defense and make payment therefor from City funds to defend the acts of its officers in any civil action brought against them for a cause arising out of the performance of their official duties. [Ord. 232 § 1(1.25), 1980.]

9.05.250 Legal defense – Requirements.

Prior to the authorization of employment of any such legal defense, the City Council, in regular session assembled, must find:

A. That the officer must have been acting in a matter in which the corporation had an interest;

B. That the officer must have been acting in discharge of a duty imposed or authorized by law; and

C. The officer must have acted in good faith. [Ord. 232 § 1(1.26), 1980.]

9.05.260 Certified copies of records – Fees.

The chief law enforcement officer shall have the power and it shall be his duty upon request and payment of the fee as provided herein to furnish copies and/or certified copies of any records of the department, except those covered under the Public Disclosure and Privacy Act. The chief law enforcement officer shall charge and collect therefor the actual cost to the department and a minimum charge as set forth in the City’s current master fee schedule adopted by resolution of the City Council. Any funds accruing to the chief law enforcement officer under this chapter shall be given to the City Treasurer and by him deposited into the current expense fund of the City. [Ord. 842 § 2, 2023; Ord. 597 § 3, 2002; Ord. 232 § 1(1.28), 1980.]

9.05.270 Misdemeanors adopted by reference.

Any gross misdemeanor(s) or misdemeanor(s) now, or in the future, enacted in RCW Title 9A which are not specifically adopted elsewhere in EMC Title 9 are specifically adopted herein by reference, as presently constituted or hereinafter amended, and may be cited by reference to the Revised Code of Washington code section. [Ord. 677 § 12, 2008.]