Chapter 9.20
CRIMES AGAINST PERSONS
Sections:
9.20.010 Assault.
9.20.020 Coercion.
9.20.030 Harassment.
9.20.035 Harassment--Reasonable fear.
9.20.040 Harassment--No-contact order.
9.20.045 Harassment--No-contact orders--Violation.
9.20.050 Intimidating phone calls--Acts designated.
9.20.060 Intimidating phone calls--Permitting prohibited acts is a violation.
9.20.070 Intimidating phone calls--Location of commission may be where call is made or received.
9.20.080 Reckless endangerment.
9.20.090 Hate crimes--Penalty.
9.20.100 Hate crimes--Gross misdemeanor.
(Ord. 6214 §1, 2002).
9.20.010 - Assault
A. A person is guilty of assault in the fourth degree if, under circumstances not amounting to assault in the first, second, or third degree, or custodial assault, as those offenses are defined in Chapter 9A.36 RCW, he or she assaults another.
B. Assault in the fourth degree is a gross misdemeanor.
(Ord 5573 §1, 1995; Ord. 5164 §1(part), 1991).
9.20.020 - Coercion
A. A person is guilty of coercion if by use of a threat he or she compels or induces a person to engage in conduct which the latter has a legal right to abstain from, or to abstain from conduct which he or she has a legal right to engage in.
B. "Threat" as used in this section means to communicate, directly or indirectly, the intent immediately to:
1. Use force against any person who is present at the time, or
2. Cause bodily injury to any person or group of persons, or
3. Cause physical damage to the property of a person or group of persons other than the actor, or
4. Subject any person or group of persons to unlawful physical confinement or restraints.
C. Coercion is a gross misdemeanor.
(Ord. 6214 §1, 2002).
9.20.030 - Harassment
Acts designated: A person is guilty of harassment if the person:
A. Intentionally threatens:
1. To cause bodily injury to any person or group of persons, or
2. To cause physical damage to the property of a person or group of persons other than the actor, or
3. To subject any person or group of persons to unlawful physical confinement or restraints, or
4. To commit malicious mischief in the second or third degree as provided in RCW 9A.48.080 and RCW 9A.48.090, or
5. To do any other act which is intended to harm substantially the person or group of persons threatened;
B. Purposefully and repeatedly follows or stalks a person or group of persons in a manner which reasonably causes that person or persons apprehension or creates a concern for his/her/their/safety.
C. Harassment is a gross misdemeanor.
(Ord. 5592 §1, 1996; Ord. 5401 §1, 1993; Ord 5222 §2, 1991; Ord. 5164 §1(part), 1991).
9.20.035 - Harassment –Reasonable fear
For purposes of this chapter a violation shall occur if the threat or act places a person or group of persons in reasonable fear of harm to person or property. Threatening words do not constitute harassment if it is reasonably apparent to the victim that the person does not have the ability to carry out the threat. It is not a defense that the object of the threat is a person other than the victim.
(Ord. 5401 §2, 1993).
9.20.040 - Harassment –No-contact order
A. Because of the likelihood of repeated harassment directed at those who have been victims of harassment in the past, when a defendant is arrested for a crime involving harassment and is released from custody before trial on bail or personal recognizance, the court authorizing the release may enter a no-contact order as set forth in this section. Upon arraignment of any person charged with a crime involving harassment, the court shall determine the necessity of imposing a no-contact order pending trial. Further, if a defendant is convicted of a crime involving harassment, the court shall consider-entering a no-contact order.
B. A no-contact order under the terms of this section may require that the defendant:
1. Not have any contact with the victim or victims or other persons associated with the events charged;
2. Stay away from the home, school, business or place of employment of the victim or victims of the alleged offense or of any other person, business or entity associated with the events charged, and any specific address or location associated therewith;
3. Refrain from harassing, intimidating, threatening or otherwise interfering with the victim or victims of the alleged offense or any other persons including, but not limited to, family or household members of the victim, as shall be specifically named by the court in the order.
(Ord. 5401 §3, 1993; Ord. 5164 §1(part), 1991).
9.20.045 - Harassment –No-contact orders –Violation
Wilful violation of a court order issued under Section 9.20.040 is a gross misdemeanor.
(Ord. 5222 §3, 1991).
9.20.050 - Intimidating phone calls –Acts designated
Every person is guilty of intimidating phone calls who, with intent to harass, intimidate or torment any other persons makes a telephone call to such other person:
A. Using any lewd words or language or suggesting the commission of any lewd act; or
B. Anonymously or repeatedly or at an extremely inconvenient hour, whether or not conversation ensues; or
C. Threatening to inflict injury on the person or property of the person called or any member of his family; or
D. Without purpose of legitimate communication;
E. Intimidating phone calls are a gross misdemeanor.
(Ord. 5222 §4, 1991; Ord. 5164 §1(part), 1991).
9.20.060 - Intimidating phone calls –Permitting prohibited acts is a violation
Any person who knowingly permits any telephone under his control to be used for any purpose prohibited in Section 9.20.050 is guilty of a violation of this chapter.
(Ord. 5164 §1(Part), 1991).
9.20.070 - Intimidating phone calls –Location of commission may be where call is made or received
Any offense committed by use of a telephone as set forth in Sections 9.20.050 and 9.20.060 may be deemed to have been committed either at the place from which the telephone call or calls were made or at the place where the telephone call or calls were received.
(Ord. 5164 §1(part), 1991).
9.20.080 - Reckless endangerment
A. A person is guilty of reckless endangerment when he/she recklessly engages in conduct which creates a substantial risk of death or serious physical injury to another person.
B. Reckless endangerment is a gross misdemeanor.
(Ord. 5164 §1(part), 1991).
9.20.090 - Hate crimes –Penalty
If the court finds that the accused committed any crime under this chapter of the Olympia Municipal Code and if the court receives sufficient evidence that the acts committed leading to that finding were intentionally targeted against the victim or victims in substantial part because of the victim’s or victims’ race, color, religion, ancestry, national origin, gender, sexual orientation, his/her/their mental, physical or sensory disability, or the accused’s perception thereof, the court shall impose a minimum fine of not less than five hundred dollars and a minimum jail sentence of not less than five days for each such offense. Neither the mandatory minimum jail sentence nor the mandatory minimum fine shall be suspended or deferred, nor shall the jail sentence be served by alternative means.
(Ord. 5401 §4, 1993).
9.20.100 - Hate crimes –Gross misdemeanor
Any person convicted of a crime under this chapter and if the acts leading up to such conviction were, pursuant to this ordinance, intentionally targeted against the victim or victims in substantial part because of the victim’s or victims’ race, color, religion, ancestry, national origin, gender, sexual orientation, or his/her/their mental, physical or sensory disability shall be guilty of a gross misdemeanor.
(Ord. 5401 §7, 1993).