Chapter 6-18 PENAL CODE

1. Having knowledge of the contents of any obscene film, publication, performance and other written or graphic matter to exhibit, sell, distribute, display for sale or distribution, or having knowledge of the contents thereof to have in his or her possession with the intent to sell or distribute any book, magazine, pamphlet, comic book, newspaper, writing, photograph, motion picture film, phonograph record, tape or wire recording, picture, drawing, figure, image or any object or thing which is obscene; or

2. Having knowledge of the contents thereof to cause to be performed or exhibited or to engage in the performance or exhibition of any show, act, play, dance or motion picture which is obscene.

B. Obscene; Definitions: For the purpose of this Section, the term “obscene” shall be defined as material or acts which, taken as a whole, appeal to the prurient interest in sex of the average person upon application of contemporary community standards which portray sexual conduct in a patently offensive way, and which, taken as a whole do not have serious literary, artistic, political or scientific value.

The term “community standard” shall mean the standard within the State.

Obscene material or acts shall be deemed to include:

1. Patently offensive representations or descriptions of ultimate sexual acts, normal or perverted, actual or simulated, including those between humans and animals;

2. Patently offensive representations or descriptions of masturbation, fellatio, cunnilingus, excretory functions and lewd exhibition of the genitals. (Ord. 2818, 1-7-1974, eff. 1-16-1974)

C. Violation; Penalty: Each day’s exhibition, display, distribution or possession of any material in violation of this Section shall be deemed a separate and distinct offense, and except as otherwise specified, any person convicted of a violation of this Section shall be fined a sum of not less than one hundred dollars ($100.00) nor more than that set out in RCW 9A.20.021(2), as now or hereafter amended, or imprisoned in the City jail for a period not exceeding that set forth in RCW 9A.20.021(2), as now or hereafter amended, or both such fine and imprisonment for each day’s violation. (Ord. 4462, 7-25-1994, eff. retroactive to 7-1-1994)

6-18-4 CARRYING PISTOL:

(Rep. by Ord. 4462, 7-25-1994, eff. retroactive to 7-1-1994)

6-18-5 DANGEROUS WEAPONS; EVIDENCE:

A. It shall be unlawful for any unauthorized person to manufacture, sell or dispose of or have in his possession any instrument or weapon of the kind usually known as sling shot, sand club or metal knuckles; or any weapon, stick, chain, club or combination thereof, including a device usually known as nunchakus stick, or any like device having the same or similar components or parts, whether or not connected by a rope, chain or other device; or to furtively carry, or conceal any dagger, dirk, knife or other dangerous weapon, or to use any contrivance or device for suppressing the noise of any firearm.

B. Subsection A of this section does not apply to:

1. The possession of a spring blade knife by a law enforcement officer while the officer:

a. Is on official duty; or

b. Is transporting the knife to or from the place where the knife is stored when the officer is not on official duty.

2. The storage of a spring blade knife by a law enforcement officer.

C. Violation of this section shall be a gross misdemeanor. (Ord. 3124, 4-4-1977; Ord. 5652, 2-6-2012)

6-18-6 DISCHARGING FIREARMS IN THE CITY:

(Rep. by Ord. 4462, 7-25-1994, eff. retroactive to 7-1-1994)

6-18-7 MINORS ON MOVING TRAINS:

It shall be unlawful for any minor to get on or off, to get on or catch hold of, to run along side of or in front of, or attempt to get on or catch hold of or alight from any railroad train, railroad engine or railroad car in the City while the same is in motion. (Ord. 1074, 9-5-1939)

6-18-8 LIQUOR CODE:

The liquor laws of the State as contained in title 66.44 of the RCW, specifically 66.44.010(1), 66.44.040, 66.44.050, 66.44.060, 66.44.090, 66.44.100, 66.44.130, 66.44.140, 66.44.150, 66.44.160, 66.44.170, 66.44.175, 66.44.180, 66.44.200, 66.44.210, 66.44.240, 66.44.250, 66.44.270, 66.44.290, 66.44.291, 66.44.300, 66.44.310, 66.44.320, 66.44.325 and portions of the Washington Administrative Code, specifically WAC 314.16.120, 314.16.150, 314.16.155, and 314.16.050, of which not less than three (3) copies each have heretofore been filed in the office of the City Clerk and made available to the general public for examination, are hereby adopted by reference for the City, and any and all amendments, additions or modifications thereto, when printed and filed with the City Clerk by authorization of the City Council from time to time, shall be considered and accepted and constitute a part of such Code without the necessity of further adoption of such amendments, additions or modifications by the legislative authority of the City or by ordinance. By the reference thereto made hereinabove, said liquor laws of the State as hereinabove described, together with any and all amendments, modifications or additions thereto, and hereinafter printed and filed with the City Clerk, are incorporated herein and made a part of this Chapter as if fully set forth, and with the same effect as if set out herein in full, or as adopted by subsequent ordinance amendatory hereof. (Ord. 3041, 6-28-1976)

A. It shall be unlawful for all persons except proprietors and legal employees thereof to be in any tavern or other licensed premises in the City in which liquor is sold or offered for sale or consumed by the opened bottle or glass and such premises shall be kept closed and all such persons except proprietors and legal employees shall be excluded from such premises between the hours not included in WAC 314-16-050 and it shall be the responsibility of the proprietors, bartenders or legal employees in charge to exclude all such persons.

B. It shall be unlawful for any persons except proprietors and legal employees thereof to be in any tavern or other licensed premises in the City in which liquor is sold or offered for sale or consumed by the opened bottle or glass, and it shall be a violation for any such person to be in such premises, except during the hours as defined in WAC 314.16.050. (Ord. 3122, 4-4-1977)

6-18-9 FAILURE TO APPEAR:

(Rep. by Ord. 4462, 7-25-1994, eff. retroactive to 7-1-1994)

6-18-10 CRIMINAL TRESPASS:

(Rep. by Ord. 5358, 3-3-2008)

6-18-11 BREACH OF PEACE:

A. It shall be a breach of peace if a person by his or her actions or words intentionally causes or commits, or is likely to cause or commit, any of the acts listed in subsections 1 through 10 of this section.

1. Physical violence.

2. Violent, threatening, intimidating or hostile acts toward another that causes such person to reasonably fear injury or loss of life, body, limb, health or safety of him or herself; another in close physical proximity to said person; or another who is a family member or close friend of said person.

3. Violent, threatening, intimidating or hostile acts toward the physical or real property of another person whereby such person is put in reasonable fear of the safety or integrity of such property.

4. Urinates or defecates in a public place or in a place open to public view.

5. Unusually loud or repetitive noise, after being asked by someone to stop or reduce the noise, which either annoys, disturbs, injures or endangers a reasonable person’s comfort, repose, health, peace or safety in or around a residential area; a school (for a period thirty (30) minutes before school begins until thirty (30) minutes after school has finished); or a medical facility during surgery and recovery periods. Constitutional rights to assemble, free speech, and religion are not limited or infringed upon by this section. The reasonable person(s) harmed does not have to be the person(s) who asked for the noise to be stopped or reduced.

6. Addresses abusive, vile, or profane language or threats to any person which interferes with or threatens to interfere with another’s lawful pursuit of his or her profession, or which interferes with the peaceful pursuit of a lawful activity of another, or the general public.

7. Impermissibly alters or disturbs public property or property of another so as to create a condition that a reasonable person would find hazardous, unhealthy or physically offensive.

8. Organizes, operates, provides space for, permits or allows to continue, any gathering of people, when such gathering creates such noise as annoys, disturbs, injures or endangers a reasonable person’s comfort, repose, peace or safety, or when the method of transportation, either when being operated, or when awaiting use, seriously congests public rights-of-way or interferes with the use and enjoyment of adjoining property.

9. Causes or participates in any riot.

10. Is found in any public place under the influence of intoxicating liquor, any drug, controlled substance, toluene (paint thinner or similar substance), or any combination of any intoxicating liquor, drug, controlled substance, or toluene:

a. In a condition that they are unable to exercise care for their own safety or the safety of others, or

b. By reason of their being under the influence of intoxicating liquor, any drug, controlled substance, toluene, or any combination of any intoxicating liquor, drug, or toluene, interferes with or obstructs or prevents the free use of any street, sidewalk, or other public way.

B. Definitions:

1. “Peace,” for the purpose of this section, is defined as the right of the general public or members thereof to be free from unreasonable noise, public danger, alarm, disorder, nuisance, fear or damage, either to person or property.

2. “Residential area,” for the purpose of this section, is defined as an area zoned for any type of residential dwellings, structures, habitations, or houses, or is close enough to such an area where a person in such a residence is able to hear sound, words or music, at a level above a reasonable person’s conversational level.

3. “Riot”:

a. That the accused was a member of an assembly of three (3) or more persons;

b. That the accused and at least two (2) other members of this group mutually intended to assist one another against anyone who might oppose them in doing an act for some private purpose or mayhem;

c. That the group or some of its members, in furtherance of such purpose, unlawfully committed a tumultuous disturbance of the peace in a violent or turbulent manner; and

d. That these acts terrorized the public in general in that they caused or were intended to cause public alarm or terror.

C. It shall be a gross misdemeanor under RMC 1-3-1 for any person to commit acts that fall under subsections RMC 6-18-11A1, A2, A3, A8 or A9. It shall be a misdemeanor under RMC 1-3-1 for any person to commit acts that fall under the remaining subsections of RMC 6-18-11. (Ord. 3281, 12-18-1978, eff, 12-27-1978; Ord. 5652, 2-6-2012)

6-18-12 MENACING:

(Rep. by Ord. 5358, 3-3-2008)

6-18-13 WEAPONS PROHIBITED ON LIQUOR SALE PREMISES:

A. Possession Prohibited: It shall be unlawful for anyone, on or in any premises in the City where alcoholic beverages are dispensed by the drink to: (Ord. 3459, 8-4-1980)

1. Carry any knife, sword, dagger or other cutting or stabbing instrument, with a blade of a length of three inches (3") or more, or any razor with an unguarded blade, whether said weapon or instrument is concealed or not.

2. Carry any instrument or weapon of the kind usually known as slingshot, bow, sand club, blackjack, metal knuckles; or any stick, chain, metal pipe, bar, club or combination thereof including a device known as nunchakus stick, or any like device having the same or similar components or parts, whether or not connected by a rope, chain or other device, or any explosive or any poison or injurious gas, or any other instrument or weapon apparently capable of producing bodily harm, whether said instrument or weapon is concealed or not.

B. Exceptions: The above shall not apply to or affect the following:

1. Any lawful act committed by a person while in his fixed place of business.

2. Any person who by virtue of his office or public employment is vested by law with a duty to preserve public safety, maintain public order, or to make arrests for offenses, whether during regular duty hours or not.

3. Any person making or assisting in making a lawful arrest for the commission of a felony.

4. Any area primarily designated for the service of prepared foods and commonly referred to as a restaurant, whether alcoholic beverages are served or not. (Ord. 3459, 8-4-1980)

C. Warning Signs Required: Signs, informing the public of the prohibitions contained herein, shall be conspicuously posted at all internal and external entrances to any area wherein the carrying of said weapons or instruments is prohibited.

Said signs shall be provided by the City to all affected places of business, and shall bear the following inscription:

WARNING – WEAPONS PROHIBITED: It shall be unlawful for any person, other than a commissioned law enforcement officer, to enter onto this premises while carrying any of the following weapons or instruments, whether a license or permit to carry said weapon is possessed or not, and whether said weapon or instrument is concealed or not: knife, sword, dagger or any other cutting or stabbing instrument, having a blade longer than three inches (3"); or any razor with an unguarded blade; or any explosive, or any poison or injurious gas; or any slingshot, bow, sand club, blackjack, metal knuckles, stick, chain, metal pipe, bar, club or combination thereof, including a device known as “nun-chuka” sticks or any like device having the same or similar components or parts; or any weapon or instrument apparently capable of producing bodily harm.

(Ord. 3917, 6-17-1985)

D. Penalty: Any person violating the provisions of this Chapter shall, upon conviction thereof, be guilty of a misdemeanor. Upon conviction, said weapon or instrument involved may be confiscated by order of the presiding judge, and shall thereafter be disposed of in accordance with statutes or ordinances governing the disposal of confiscated or found property. (Ord. 4462, 7-25-1994, eff. retroactive to 7-1-1994)

6-18-14 HARASSMENT:

Substitute Senate Bill 5142 of which not less than three (3) copies each have heretofore been filed in the office of the City Clerk and made available to the general public for examination, is hereby adopted by reference for the City, and any and all amendments, additions or modifications thereto, when printed and filed with the City Clerk by authorization of the City Council, shall be considered and accepted and constitute a part of such Code without the necessity of further adoption by the legislative authority of the City. (Ord. 4091, 10-26-1987)

6-18-15 OBSTRUCTING PUBLIC OFFICERS:

(Rep. by Ord. 4674, 7-28-1997)

6-18-16 DISPOSAL OF FIREARMS:

A. Except as provided in subsection C below, the Police Chief is hereby authorized and directed to arrange for the destruction of all firearms which are or have been: 1) judicially forfeited to the City after June 30, 1993, and are no longer needed for evidence; 2) forfeited to the City after June 30, 1993, due to a failure to make a claim under RCW 63.32.010 or 63.40.010; 3) obtained by the City after June 30, 1993, through the City’s gun buy-back program or similar programs; or 4) otherwise legally obtained by the City after June 30, 1993, free of legal claims.

B. Except for those firearms described in subsection C below, all firearms which were: 1) judicially forfeited to the City on or before June 30, 1993, and are no longer needed for evidence; or 2) forfeited to the City on or before June 30, 1993, due to a failure to make a claim under RCW 63.32.010 or 63.40.010, shall be disposed of by destruction, in the case of illegal firearms, or by trade or auction in the case of all other firearms, as provided for in RCW 9.41.098.

C. “Antique firearms” as defined by RCW 9.41.150 and firearms recognized as curios, relics, and firearms of particular historical significance by the United State Treasury Department Bureau of Alcohol, Tobacco and Firearms are exempt from destruction and shall be disposed of by auction or trade to commercial sellers.

D. If any section, sentence, clause or phrase of this Section should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Section. (Ord. 4479, 10-24-94)

6-18-17 FORFEITURE OF FIREARMS:

A. Commencement Of Proceedings: In the event that a firearm is seized by the City Police Department, and the owner or person from whom the firearm was seized or any other person claiming ownership or a right to possess the firearm may be ineligible to lawfully possess the firearm pursuant to chapter 9.41 RCW, thereby preventing the Police Department from lawfully returning the firearm(s) to said person, then proceedings for forfeiture shall be deemed commenced by the seizure. Within fifteen (15) days following the determination by the Police Department that the owner or person from whom the firearm was seized or any other person claiming ownership or a right to possess the firearm may be ineligible to lawfully possess the firearm pursuant to chapter 9.41 RCW, the Police Department shall cause notice to be served on the owner of the firearm seized, the person in charge thereof, and any person having any known right or interest therein, including any community property interest, of the seizure and intended forfeiture of the firearm(s). The notice of seizure may be served by any method authorized by law or court rule including but not limited to service by certified mail with return receipt requested. Service by mail shall be deemed complete upon mailing to the last known address within the fifteen (15) day period following the determination by the Police Department that the individual may be ineligible to possess a firearm.

B. Forfeiture: If no person notifies the Police Department in writing of the person’s claim of ownership or right to possession of the firearm(s) within forty five (45) days from the date notice is served, the item seized shall be deemed forfeited.

C. Claim Of Ownership:

1. If any person notifies the Police Department in writing of the person’s claim of ownership or right to possession of the firearm(s) within forty five (45) days, the person or persons shall be afforded a reasonable opportunity to be heard as to the claim or right.

2. If the person claiming ownership or right to possess the firearm(s) is charged by the City with a criminal offense arising out of the same incident from which the firearm(s) was seized, the hearing shall be held immediately following the disposition of the criminal matter. In all other cases, the hearing shall be before the chief law enforcement officer of the City or his/her designee, except that any person asserting a claim or right may remove the matter to a court of competent jurisdiction. Removal may only be accomplished according to the rules of civil procedure. The court to which the matter is to be removed shall be the District Court when the aggregate value of personal property is within the jurisdictional limit set forth in RCW 3.66.020. The person seeking removal of the matter must serve process against the City and any other party of interest, in accordance with RCW 4.28.080 or 4.92.020, within forty five (45) days after the person seeking removal has notified the Police Department of the person’s claim of ownership or right to possession. A hearing before the judge or the chief law enforcement officer or his/her designee and any appeal therefrom shall be under title 34 RCW.

3. In a court hearing between two (2) or more claimants to the article or articles involved, the prevailing party shall be entitled to a judgment for costs and reasonable attorney’s fees. The burden of producing evidence shall be upon the person claiming to be the lawful owner or the person claiming to have the lawful right to possession of the firearm(s). The Police Department shall promptly return the firearm(s) to the claimant upon a determination by the judge or chief law enforcement officer or his/her designee that the claimant is lawfully entitled to possession pursuant to chapter 9.41 RCW, and as soon as the firearm(s) is no longer needed as evidence.

D. Hold As Evidence: Nothing in this Section shall affect the Police Department’s authority to hold any firearm as evidence for any criminal investigation, prosecution or appeal. (Ord. 4562, 12-4-1995)

6-18-18 LEWD ACTS:

A. Definitions:

1. “Public” or “public place” means:

a. Any place open to the public, including public restrooms; or

b. Any place easily visible from a public thoroughfare or from the property of another; or

c. Any vehicle which is itself located in a public place as defined in this section, such that activities inside the vehicle may be observed by a member of the public.

2. “Sexual conduct” means sexual intercourse or sexual contact.

3. “Sexual intercourse” means:

a. Its ordinary meaning, occurring upon any penetration, however slight; or

b. Any penetration of the vagina or anus, however slight, by any body part or any object, when committed by oneself or by one person on another, whether such persons are of the same or opposite sex, except when such penetration is accomplished for medically recognized treatment or diagnostic purposes; or

c. Any contact between persons involving the sex organs of one person and the mouth or anus of another, whether such persons are of the same or opposite sex.

4. “Sexual contact” means:

a. Any touching of the sexual organs, whether clothed or naked, of oneself or another person, done for the purpose of gratifying sexual desire of oneself or any other person; or

b. Masturbation, manual or instrumental, of oneself or of one person by another.

5. “Sexual organs” includes female breasts, and genitalia or anus of any person.

6. “Lewd act” means:

a. Sexual conduct as defined herein.

B. Lewd Acts Prohibited: Lewd acts are prohibited:

1. In a public place, or

2. In any place under such circumstances as to make it difficult for an unwilling member of the public to avoid exposure.

C. Limitations:

1. This Section shall not be construed to prohibit:

a. Plays, operas, musicals, or other dramatic works that are not obscene as defined in RMC 6-18-3.B as it currently appears or is hereafter amended; or

b. Classes, seminars, and lectures held for serious scientific or educational purposes; or

c. Exhibitions or dances that are not obscene as defined in RMC 6-18-3.B as it currently appears or is hereafter amended; or

d. The exposure of a female breast while nursing an infant. (Ord. 4956, 3-4-2002; amd. Ord. 5003, 2-24-2003)

6-18-19 HAVING, MAKING OR USING MOTOR VEHICLE THEFT TOOLS:

A. Every person who shall make or mend, or cause to be made or mended, or has in his or her possession, any motor vehicle theft tool, that is adapted, designed, or commonly used for the commission of motor vehicle related theft, under circumstances evincing an intent to use or employ, or allow the same to be used or employed in the commission of motor vehicle theft, or knowing that the same is intended to be so used, is guilty of making or having motor vehicle theft tools.

B. For the purposes of this section, motor vehicle theft tool includes, but is not limited to, one or more of the following: a slim jim, a false master key, a master purpose key, an altered, shaved or false key, an unregistered duplicate key, a trial or jiggler key, a slide hammer, a lock puller, picklock, bit, nipper, key signal capture, copy, record or stealing device or any other implement shown by facts and circumstances that is intended to be used in the commission of a motor vehicle related theft or knowing that the same is intended to be so used.

C. For the purposes hereof, the following definitions apply:

1. “False master” or “master key” is any key or other device made or altered to fit locks or ignitions of multiple vehicles, or vehicles for which it is not specifically registered, carved or created.

2. “Altered or shaved key” is any key so altered, by cutting, filing, or other means, to fit multiple vehicles, or vehicles for which it is not specifically registered, carved or created.

3. “Trial keys” or “jiggler keys” are keys or sets designed or altered to manipulate a vehicle locking mechanism for which it is not specifically registered, carved or created.

D. Possession of multiple vehicle keys, or altered vehicle keys, shall be prima facie evidence of “circumstances evincing an intent to use for commission of a vehicle related theft.” This presumption may be rebutted where such person is a bona fide locksmith or an employee of a licensed auto dealer or other position for which the possession of such keys is necessary for the performance of his/her duties. (Ord. 5003, 2-24-2003; Ord. 5652, 2-6-2012)

6-18-20 PARK RULES AND REGULATIONS VIOLATIONS:

(Rep. by Ord. 5687, 5-13-2013)

6-18-21 ADJOURNMENT IN CONTEMPLATION OF DISMISSAL:

A. Upon or after arraignment in Renton Municipal Court upon an accusatory instrument, and before entry of a plea of guilty thereto or commencement of a trial thereof, the court may upon motion of the prosecutor order that the action be adjourned in contemplation of dismissal, as prescribed in subsection C.

B. An adjournment in contemplation of dismissal is an adjournment of the action without date ordered with a view to ultimate dismissal of the accusatory instrument in furtherance of justice. Upon issuing such an order, the court must release the defendant on his or her own recognizance.

C. Upon application of the prosecutor, made within one (1) year of the issuance of such order in the case of a misdemeanor, and within two (2) years of the issuance of such order in the case of a gross misdemeanor, as they currently exist or are amended in the future, the court must restore the case to the calendar upon a determination that dismissal of the accusatory instrument would not be in furtherance of justice, and the action must thereupon proceed. If the case is not so restored within the periods noted above, the accusatory instrument is, at the expiration of such period, deemed to have been dismissed by the court in furtherance of justice.

D. A determination that dismissal of the accusatory instrument would not be in furtherance of justice is appropriate when the defendant has pleaded or been found guilty of any crime, the court finds probable cause or notes on the record that another court has found probable cause to believe that the defendant has committed a crime, or the court finds that or notes on the record that another court has found that the defendant has failed to comply with the terms of his release on his own recognizance, bail, parole, or other equivalent.

E. In conjunction with an adjournment in contemplation of dismissal the court may issue a no-contact order pursuant to section RCW 10.99.040, requiring the defendant to comply with the requirements of the order subject enforcement under RCW 10.99.055, and to the penalties provided in RCW 26.50.110, as those sections currently exist or may be amended in the future.

F. Where the accusatory instrument charges a crime or violation between members of the same family or household, as the term “family or household members” is defined in RCW 10.99.020(3), the court may as a condition of an adjournment in contemplation of dismissal order, require that the defendant participate in a domestic violence educational program.

G. The court may grant an adjournment in contemplation of dismissal on condition that the defendant participates in dispute resolution and complies with any resulting award or settlement, provided that the matter is not a Chapter 10.99 or 26.50 RCW case.

H. The court may as a condition of an adjournment in contemplation of dismissal order, require the defendant to perform services for a public or not-for-profit corporation, association, institution or agency in the City of Renton. Such condition may only be imposed where the defendant has consented to the amount and conditions of such service. The court may not impose such conditions in excess of the length of the adjournment.

I. The court may, as a condition of an adjournment in contemplation of dismissal order, where a defendant is under twenty-one (21) years of age and is charged with a gross misdemeanor, misdemeanor or any combination of the two (2) in which the record indicates the consumption of alcohol by the defendant may have been a contributing factor, require the defendant to attend a certified alcohol awareness program.

J. The granting of an adjournment in contemplation of dismissal shall not be deemed to be a conviction or an admission of guilt.

K. No person shall suffer any disability or forfeiture as a result of such an order. Upon the dismissal of the accusatory instrument pursuant to this section, the arrest and prosecution shall be deemed a nullity and the defendant shall be restored, in contemplation of law, to the status he occupied before his or her arrest and prosecution. (Ord. 5652, 2-6-2012)

6-18-22 CRIMINAL ACCOMPLICE:

A. A person is guilty of a crime under the RMC if it is committed by the conduct of another person for which he or she 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 or she causes an innocent or irresponsible person to engage in such conduct; or

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

3. He or she 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 or she:

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 or her conduct is expressly declared by law to establish his or her complicity.

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

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

1. He or she is a victim of that crime; or

2. He or she terminates his or her 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 or her complicity therein, though the person claimed to have committed the crime has not been prosecuted or convicted or has been convicted of a different crime or degree of crime or has an immunity to prosecution or conviction or has been acquitted. (Ord. 5652, 2-6-2012)

6-18-23 CRIMINAL ATTEMPT:

A. A person is guilty of an attempt to commit a crime when, with intent to commit a crime, he or she engages in conduct which tends to effect the commission of such crime.

B. An attempt to commit a crime is a:

1. Misdemeanor when the crime attempted is a gross misdemeanor;

2. Misdemeanor when the crime attempted is a misdemeanor.

C. If the conduct in which a person engages otherwise constitutes an attempt to commit a crime pursuant to the RMC it is no defense to a prosecution for such attempt that the crime charged to have been attempted was, under the attendant circumstances, factually or legally impossible of commission, if such crime could have been committed had the attendant circumstances been as such person believed them to be.

D. Attempt may be designated in charging instruments or complaints as “Attempted” or “RMC 6-18-23/(the crime or section of RMC that is being charged).” (Ord. 5652, 2-6-2012)

6-18-24 CRIMINAL 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 use or cause any of the following against any person who is present at the time:

1. Bodily injury in the future to the person threatened or to any other person; or

2. 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;

C. The coercion may be charged in the City of Renton if:

1. The threat was conveyed, issued, made, stated or uttered in the City of Renton; or

2. If the compelled or induced conduct, or the abstained conduct which the person had a legal right to engage in was performed or was to be performed in the City of Renton;

D. Coercion is a gross misdemeanor. (Ord. 5652, 2-6-2012)

6-18-25 CRIMINAL CONSPIRACY:

A. A person is guilty of criminal conspiracy when, with intent that conduct constituting a crime be performed, he or she agrees with one or more persons to engage in or cause the performance of such conduct, and any one of them takes a substantial step or an overt act 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 not been prosecuted or convicted; or

2. Has been convicted of a different offense; or

3. Is not amenable to justice; or

4. Has been acquitted; or

5. Lacked the capacity to commit an offense; or

6. Is a law enforcement officer or other government agent who did not intend that a crime be committed.

C. Criminal conspiracy is a misdemeanor when an object of the conspiratorial agreement is a gross misdemeanor or misdemeanor. (Ord. 5652, 2-6-2012)

6-18-26 CRIMINAL DEFENSE OF INSANITY:

To establish the defense of insanity, it must be shown that:

A. At the time of the commission of the offense, as a result of mental disease or defect, the mind of the actor was affected to such an extent that:

1. He or she was unable to perceive the nature and quality of the act with which he or she is charged; or

2. He or she was unable to tell right from wrong with reference to the particular act charged.

B. The defense of insanity must be established by a preponderance of the evidence. (Ord. 5652, 2-6-2012)

6-18-27 CRIMINAL SOLICITATION:

A person is guilty of criminal solicitation when, with intent to promote or facilitate the commission of a crime under the RMC, he or she 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. (Ord. 5652, 2-6-2012)

6-18-28 VIOLATION – PENALTY:

Any violation of this chapter shall be a misdemeanor, unless specifically designated a gross misdemeanor, and, upon conviction thereof, shall be punished as provided in RMC 1-3-1. (Ord. 5003, 2-24-2003; Ord. 5580, 11-22-2010; Ord. 5652, 2-6-2012. Formerly 6-18-21)

6-18-29 SEVERABILITY:

If any sentence, clause, or portion of this Chapter shall be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this Chapter. (Ord. 4957, 3-4-2002; amd. Ord. 5003, 2-24-2003; Ord. 5580, 11-22-2010; Ord. 5652, 2-6-2012. Formerly 6-18-22)

CHAPTER 18PENAL CODE

6-18-1 PENAL CODE ESTABLISHED:

6-18-2 COSTS OF PROSECUTION:

6-18-3 OBSCENE LITERATURE; OBSCENE ACT:

6-18-4 CARRYING PISTOL:

6-18-5 DANGEROUS WEAPONS; EVIDENCE:

6-18-6 DISCHARGING FIREARMS IN THE CITY:

6-18-7 MINORS ON MOVING TRAINS:

6-18-8 LIQUOR CODE:

6-18-9 FAILURE TO APPEAR:

6-18-10 CRIMINAL TRESPASS:

6-18-11 BREACH OF PEACE:

6-18-12 MENACING:

6-18-13 WEAPONS PROHIBITED ON LIQUOR SALE PREMISES:

6-18-14 HARASSMENT:

6-18-15 OBSTRUCTING PUBLIC OFFICERS:

6-18-16 DISPOSAL OF FIREARMS:

6-18-17 FORFEITURE OF FIREARMS:

6-18-18 LEWD ACTS:

6-18-19 HAVING, MAKING OR USING MOTOR VEHICLE THEFT TOOLS:

6-18-20 PARK RULES AND REGULATIONS VIOLATIONS:

6-18-21 ADJOURNMENT IN CONTEMPLATION OF DISMISSAL:

6-18-22 CRIMINAL ACCOMPLICE:

6-18-23 CRIMINAL ATTEMPT:

6-18-24 CRIMINAL COERCION:

6-18-25 CRIMINAL CONSPIRACY:

6-18-26 CRIMINAL DEFENSE OF INSANITY:

6-18-27 CRIMINAL SOLICITATION:

6-18-28 VIOLATION – PENALTY:

6-18-29 SEVERABILITY:

CHAPTER 18
PENAL CODE