Chapter 8.08
OBSTRUCTION—ARREST—ESCAPE
Sections:
8.08.010 Obstructing a public officer.
8.08.015 Making a false or misleading statement to a public officer.
8.08.018 Definition of public officer.
8.08.030 Refusing to summon aid for a peace officer.
8.08.050 Rescuing or aiding escape from custody or confinement.
8.08.055 Introducing or possessing contraband in detention facility.
8.08.060 Criminal impersonation.
8.08.070 Rendering criminal assistance second degree.
8.08.010 Obstructing a public officer.
(a) It is unlawful for any person to knowingly hinder, delay or obstruct any public officer in the discharge of his official power or duties, or to neglect or refuse to obey any lawful order or direction of a public officer.
(b) Every person convicted of a violation of the provisions of this section shall be guilty of obstructing a public officer, a gross misdemeanor. (Ord. 1593 § 1, 2023).
8.08.015 Making a false or misleading statement to a public officer.
(a) A person who knowingly makes a false or misleading material statement to a public officer is guilty of a gross misdemeanor. “Material statement” means a written or oral statement reasonably likely to be relied upon by a public officer in the discharge of his or her official powers or duties.
(b) Every person convicted of a violation of the provisions of this section shall be guilty of making a false or misleading statement to a public officer, a gross misdemeanor. (Ord. 1593 § 1, 2023).
8.08.018 Definition of public officer.
For the purpose of this chapter, “public officer” includes peace officers and any other officer or employee of government while performing a governmental function. (Ord. 1593 § 1, 2023).
8.08.020 Resisting arrest.
It is unlawful for any person to intentionally prevent or attempt to prevent a peace officer from lawfully arresting him. Every person convicted of a violation of the provisions of this section shall be guilty of a misdemeanor. (Ord. 1593 § 1, 2023).
8.08.030 Refusing to summon aid for a peace officer.
It is unlawful for any person, upon request by a person he knows to be a peace officer, to unreasonably refuse or fail to summon aid for such peace officer. Every person convicted of a violation of the provisions of this section shall be guilty of refusing to summon aid for a peace officer, a misdemeanor. (Ord. 1593 § 1, 2023).
8.08.040 Escape from custody.
It is unlawful for any person, with or without the use of force or fraud, to escape, or attempt to escape, from the lawful custody of, or lawful restraint by, a peace officer or other person. Every person convicted of a violation of the provisions of this section shall be guilty of escape, a gross misdemeanor. (Ord. 1593 § 1, 2023).
8.08.050 Rescuing or aiding escape from custody or confinement.
(a) Definitions. The following definitions are applicable in this section unless the context otherwise requires:
“Custody” means restraint pursuant to a lawful arrest or an order of the court.
“Detention facility” means any detention facility as defined in Section 8.08.055.
(b) Unlawful Conduct. It is unlawful for any person to rescue, or attempt to rescue, any other person from the custody of any peace officer, or from the custody of any person lawfully having him in charge, or to aid, or to attempt to aid, the escape of any person from such custody, or from any detention facility, or to knowingly advise, assist, or encourage any such escape. Every person convicted of a violation of this section shall be guilty of a misdemeanor. (Ord. 1593 § 1, 2023).
8.08.055 Introducing or possessing contraband in detention facility.
(a) Definitions. The following definitions are applicable in this section unless the context otherwise requires:
“Contraband” means any article or thing which a person confined in any detention facility is prohibited from obtaining or possessing by statute, ordinance, rule, regulation, or order of a court.
“Detention facility” means any place within the city of Othello used for the confinement of a person:
(1) Arrested for, charged with or convicted of an offense; or
(2) In any work release, furlough or other such facility or program.
(b) Unlawful Conduct. It is unlawful:
(1) For any person to knowingly provide contraband to any person confined in any detention facility; or
(2) For any person confined in any detention facility to knowingly receive or possess contraband.
Every person convicted of a violation of the provisions of this section shall be guilty of a misdemeanor. (Ord. 1593 § 1, 2023).
8.08.060 Criminal impersonation.
A person is guilty of criminal impersonation if he or she:
(a) Assumes a false identity and does an act in his or her assumed character with the intent to defraud another or for any other unlawful purpose; or
(b) Pretends to be a representative of some person or organization or a public officer and does an act in his pretended capacity with intent to defraud another or with any other unlawful purpose.
(c) Criminal impersonation is a gross misdemeanor. (Ord. 1593 § 1, 2023).
8.08.070 Rendering criminal assistance second degree.
(a) A person is guilty of rendering criminal assistance in the second degree if he or she renders criminal assistance to a person who has committed or is being sought for a Class B or Class C felony or an equivalent juvenile offense or to someone being sought for violation of parole, probation, or community supervision.
(b) Except as provided in subsection (c) of this section, rendering criminal assistance in the second degree is a gross misdemeanor.
(c) Rendering criminal assistance in the second degree is a misdemeanor if it is established by a preponderance of the evidence that the actor is a relative as defined in RCW 9A.76.060. (Ord. 1593 § 1, 2023).