Chapter 9.04
GENERAL PROVISIONS1
Sections:
9.04.010 Criminal code – Effective date.
9.04.020 Definitions and interpretation of language.
9.04.030 Crime – Classification – Penalty.
9.04.040 Crime – Attempted – Penalty.
9.04.060 Prosecution – Time limit for action.
9.04.070 Offense – Description.
9.04.080 Applicability of code.
9.04.090 Violation – Each day a separate offense.
9.04.010 Criminal code – Effective date.
The ordinance codified in this title and Chapters 8.16, 8.20, and 8.24 WRMC (hereinafter referred to as “this code”) shall be known and may be cited as the West Richland criminal code and shall become effective as of August 20, 1977. [Ord. 251 § 1.02.010(1), 1977].
9.04.020 Definitions and interpretation of language.
A. Unless a different meaning is clearly indicated, the following words have the following meanings for the purpose of this code:
1. Intent. A person acts with intent, or intentionally, when he acts with the objective or purpose of accomplishing a result which constitutes a crime. For the purpose of this code, it is presumed that a person intends the natural and probable consequences of his acts, though this presumption is rebuttable by other competent evidence.
2. Knowledge. A person knows or acts knowingly or with knowledge when:
a. He is aware of facts, circumstances or results described by an ordinance defining an offense; or
b. He has information which would lead a reasonable man in the same situation to believe that facts exist, which facts are described by an ordinance defining an offense.
3. “Malice” and “maliciously” import an evil intent, wish or design to vex, annoy, or injure another person.
4. “Peace officer” means a duly appointed city, county or state law enforcement officer.
5. “Person” includes natural persons of either sex, and, where relevant, associations, firms, partnerships and corporations.
6. “Public officer” means a person holding office under city government who performs a public function and in doing so is vested with the exercise of some sovereign power of government.
7. “Property” means anything of value whether tangible or intangible, real or personal.
B. Words in the present tense include the future tense; the masculine gender includes the feminine and neuter genders; the singular includes the plural and the plural includes the singular. [Ord. 251 § 1.02.040, 1977].
9.04.030 Crime – Classification – Penalty.
A. A crime is a gross misdemeanor when so designated in this code or by any other ordinance of the city. A gross misdemeanor is punishable, upon conviction thereof, by a fine of not more than $5,000 or by imprisonment in jail for not more than one year, or by both such fine and imprisonment.
B. A crime is a misdemeanor when so designated in this code or by any other ordinance of the city. A misdemeanor is punishable, upon conviction thereof, by a fine of not more than $1,000, or by imprisonment in jail for not more than 90 days, or by both such fine and imprisonment.
C. Whenever the performance or omission of any act is prohibited by any ordinance or municipal code provision, and no penalty for the violation of such ordinance or municipal code provision is imposed, the commission or omission of such act is a misdemeanor. [Ord. 7-98 § 1, 1998; Ord. 10-90 § 1, 1990; Ord. 251 § 1.02.020, 1977].
9.04.040 Crime – Attempted – Penalty.
An act done with intent to commit a crime, and tending but failing to accomplish it, is an attempt to commit that crime, and every person who attempts to commit a crime, unless otherwise prescribed by ordinance, shall be punished by imprisonment in jail for not more than half the longest term, or by a fine of not more than half the largest sum, prescribed upon conviction for the commission of the offense attempted, or by both such fine and imprisonment. [Ord. 251 § 1.02.050, 1977].
9.04.050 Aiding and abetting.
Every person who directly or indirectly counsels, encourages, hires, commands, induces or otherwise procures another to commit a gross misdemeanor or misdemeanor is a principal and shall be proceeded against and, upon conviction, shall be punished as such. [Ord. 251 § 1.02.060, 1977].
9.04.060 Prosecution – Time limit for action.
Prosecutions for gross misdemeanors or misdemeanors which are not commenced within one year after the commission of the offense shall be barred; provided, that where a complaint has been filed within the time limit for the commencement of a criminal action, if the complaint is set aside, the time limitation provided in this section shall be extended by the length of time from the time of filing such complaint to the time such complaint was set aside. [Ord. 251 § 1.02.030, 1977].
9.04.070 Offense – Description.
In describing any offense under this code, it is sufficient to state the offense in words of this code or in any words of like effect. [Ord. 251 § 1.02.080, 1977].
9.04.080 Applicability of code.
A. The provisions of this code shall apply to any offense which is defined in this code or the general ordinances, committed on or after August 20, 1977, unless otherwise expressly provided or unless the context otherwise requires.
B. The provisions of this code do not apply to or govern the construction of any punishment for any offense committed prior to August 20, 1977.
Such an offense shall be construed and punished according to the provisions of law existing at the time of the commission thereof in the same manner as if this code had not been enacted. [Ord. 251 § 1.02.010(2)(3), 1977].
9.04.090 Violation – Each day a separate offense.
For any violation of this code which is of a continuing nature, each day’s violation shall be considered a separate offense and shall subject the offender to the penalties provided for each offense. [Ord. 251 § 1.02.070, 1977].
Editor’s Note: For statutory provisions on general principles of criminal liability, see Chapter 9A.08 RCW; for provisions on anticipatory offenses, see Chapter 9A.28 RCW.