Chapter 9.12
CRIMES AGAINST PERSON1
Sections:
9.12.050 Use of force – When allowed.
9.12.060 Harassing telephone calls.
9.12.065 Misuse of the 911 system.
9.12.070 Solicitation of a minor.
9.12.080 Reckless endangerment – Second degree.
9.12.010 Simple assault.
A. No person may willfully use, or threaten to use by purposeful words or acts, unlawful physical force against the person of another.
B. 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, he or she assaults another.
C. Any defense available to a person charged with the crime of “assault in the fourth degree” under RCW 9A.36.041 shall also be a defense to the crime of simple assault under this section.
D. Every person convicted of a violation of the provisions of this section shall be guilty of simple assault, a gross misdemeanor. [Ord. 36-12 § 2 (Att. A), 2012; Ord. 251 § 1.04.010, 1977].
9.12.020 Harassment.
A. It is unlawful for any person, without lawful authority, to knowingly threaten:
1. To cause bodily injury immediately or 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 maliciously do any other act which is intended to substantially harm the person threatened or another with respect to his or her physical or mental health or safety.
B. The person by words or conduct places the person threatened in reasonable fear that the threat will be carried out.
C. Every person convicted of a violation of the provisions of this section shall be guilty of harassment, a gross misdemeanor. [Ord. 36-12 § 2 (Att. A), 2012; Ord. 251 § 1.04.020, 1977].
9.12.030 Intimidation.
A. It is unlawful for any person to carry, exhibit or display any instrument or weapon apparently capable of producing bodily harm, in a manner, under circumstances, and at a time and place that either manifests an intent to intimidate another or that warrants alarm for the safety of other persons; provided, however, that this section shall not apply to nor affect:
1. Any act committed by a person while in his place of abode or fixed place of business;
2. Any peace officer;
3. Any person lawfully acting in self-defense or acting in the lawful defense of another;
4. Any person making or assisting in making a lawful arrest for the commission of a felony; or
5. Any person engaged in military activities authorized by state or federal government.
B. Every person convicted of a violation of the provisions of this section shall be guilty of intimidation, a misdemeanor. [Ord. 36-12 § 2 (Att. A), 2012; Ord. 251 § 1.04.030, 1977].
9.12.040 Provoking assault.
It is unlawful for any person to willfully provoke or attempt to provoke, by word, sign or gesture, another person to commit an assault or breach of the peace. Every person convicted of a violation of the provisions of this section shall be guilty of provoking assault, a misdemeanor. [Ord. 36-12 § 2 (Att. A), 2012; Ord. 251 § 1.04.040, 1977].
9.12.050 Use of force – When allowed.
The use, attempt, or offer to use force upon or toward the person of another is not unlawful in the following cases:
A. Whenever necessarily used by a public officer in the performance of a legal duty, or a person assisting the officer and acting under the officer’s direction;
B. Whenever necessarily used by a person arresting one who has committed a felony and delivering him or her to a public officer competent to receive him or her into custody;
C. Whenever used by a party about to be injured, or by another lawfully aiding him or her, in preventing or attempting to prevent an offense against his or her person, or a malicious trespass, or other malicious interference with real or personal property lawfully in his or her possession, in case the force is not more than is necessary;
D. Whenever reasonably used by a person to detain someone who enters or remains unlawfully in a building or on real property lawfully in the possession of such person, so long as such detention is reasonable in duration and manner to investigate the reason for the detained person’s presence on the premises, and so long as the premises in question did not reasonably appear to be intended to be open to members of the public;
E. Whenever used by a carrier of passengers or the carrier’s 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 is necessary to expel the offender with reasonable regard to the offender’s personal safety;
F. Whenever used by any person to prevent a mentally ill, mentally incompetent or mentally disabled person from committing an act dangerous to any person, or in enforcing necessary restraint for the protection or restoration to health of the person, during such period only as is necessary to obtain legal authority of the restraint or custody of the person. [Ord. 36-12 § 2 (Att. A), 2012].
9.12.060 Harassing telephone calls.
A. It is unlawful for any person, with intent to harass, intimidate, torment or embarrass any other person, to make a telephone call to such other person:
1. Anonymously or repeatedly or at an extremely inconvenient hour, whether or not conversation ensues; or
2. Use any lewd, lascivious, profane, indecent or obscene words or language, or suggesting the commission of any lewd or lascivious act; or
3. Threaten to inflict injury on the person or property of the person called or any member of his family; or
4. Without purpose of legitimate communication.
B. Any offense committed by use of a telephone as set forth in this section 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. Every person convicted of a violation of the provisions of this section shall be guilty of making harassing telephone calls, a gross misdemeanor. [Ord. 36-12 § 2 (Att. A), 2012; Ord. 251 § 1.04.050, 1977. Formerly 9.12.050].
9.12.065 Misuse of the 911 system.
A. It is unlawful for any person to use the 911 emergency call system to request an emergency response when no actual emergency exists and the caller does not have a good faith basis to request emergency assistance.
B. Every person convicted of a violation of misuse of the 911 system shall be guilty of a gross misdemeanor. [Ord. 36-12 § 2 (Att. A), 2012].
9.12.070 Solicitation of a minor.
It is unlawful for any person to solicit, entice, or otherwise communicate with a child under the age of 18 years for immoral purposes. Every person convicted of a violation of the provisions of this section shall be guilty of solicitation of a minor, a gross misdemeanor, except if:
A. The person has previously been convicted under this section or of a felony sexual offense under Chapter 9.68A, 9A.44, or 9A.64 RCW; or
B. Any other felony sexual offense in this or any other state; or
C. The person communicates with a minor or with someone the person believes to be a minor for immoral purposes through the sending of electronic communication. [Ord. 36-12 § 2 (Att. A), 2012].
9.12.080 Reckless endangerment – Second degree.
A person is guilty of reckless endangerment in the second degree when he or she recklessly endangers, in conduct not amounting to reckless endangerment in the first degree as defined by RCW 9A.36.045, but which creates a substantial risk of death or serious physical injury to, another person. Reckless endangerment is a gross misdemeanor. [Ord. 36-12 § 2 (Att. A), 2012].
9.12.090 Stalking.
A. A person commits the crime of stalking if, without lawful authority and under circumstances not amounting to a felony attempt of another crime:
1. He or she intentionally and repeatedly follows another person to that person’s home, school, place of employment, business, or any other location, or follows the person while the person is in transit between locations; and
2. The person being followed is intimidated, harassed, or placed in fear that the stalker intends to injure the person or property of the person being followed or of another person. The feeling of fear, intimidation, or harassment must be one that a reasonable person in the same situation would experience under all the circumstances; and
3. The stalker either:
a. Intends to frighten, intimidate, or harass the person being followed; or
b. Knows or reasonably should know that the person being followed is afraid, intimidated, or harassed even if the stalker did not intend to place the person in fear or intimidate or harass the person;
4. A person who commits the crime of stalking under this subsection A is guilty of a gross misdemeanor except under the conditions defined in subsection E of this section.
B. It is not a defense to the crime of stalking in this section where:
1. Under subsection (A)(3)(a) of this section, the stalker was not given actual notice that the person being followed did not want the stalker to contact or follow the person; or
2. Under subsection (A)(3)(b) of this section, the stalker did not intend to frighten, intimidate, or harass the person being followed.
C. It shall be a defense to the crime of stalking that the defendant is a licensed private detective acting within the capacity of his or her license as provided by Chapter 18.165 RCW.
D. Attempts to contact or follow the person after being given actual notice that the person does not want to be contacted or followed constitute prima facie evidence that the stalker intends to intimidate or harass the person.
E. A person who stalks another person is guilty of a gross misdemeanor, except that the person is guilty of a Class C felony if any of the following applies:
1. The stalker has previously been convicted in this state or any other state of any crime of harassment as defined in WRMC 9.12.020, of the same victim or members of the victim’s family or household member or any person specifically named in a no-contact order or no-harassment order; or
2. The person violates a court order issued pursuant to WRMC 9.05.005 or RCW 9A.46.040 protecting the person being stalked; or
3. The stalker has previously been convicted of a gross misdemeanor or felony stalking offense for stalking another person; or
4. The stalker was armed with a deadly weapon as defined in RCW 9.94A.825 while stalking the person; or
5. The stalker’s victim is or was a law enforcement officer, judge, juror, attorney, victim advocate, legislator, or community corrections officer, and the stalker stalked the victim to retaliate against the victim for an act the victim performed during the course of official duties, or to influence the victim’s performance of official duties; or
6. The stalker’s victim is a current, former, or prospective witness in an adjudicative proceeding, and the stalker stalked the victim to retaliate against the victim as a result of the victim’s testimony or potential testimony.
F. Definitions as used in this section:
1. “Follows” means deliberately maintaining visual or physical proximity to a specific person over a period of time. A finding that the alleged stalker repeatedly and deliberately appears at the person’s home, school, place of employment, business, or any other location to maintain visual or physical proximity to the person is sufficient to find that the alleged stalker follows the person. It is not necessary to establish that the alleged stalker follows the person while in transit from one location to another.
2. “Harasses” means unlawful harassment as defined in WRMC 9.12.020 or RCW 10.14.020.
3. “Protective order” means any temporary or permanent court order prohibiting or limiting violence against, harassment of, contact or communication with, or physical proximity to another person.
4. “Repeatedly” means on two or more separate occasions. [Ord. 36-12 § 2 (Att. A), 2012].
9.12.100 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:
1. To communicate, directly or indirectly, the intent to immediately use force against any person who is present at the time; or
2. Threats as defined in RCW 9A.04.110(27)(a) through (f) as those subsections may be amended from time to time. [Ord. 36-12 § 2 (Att. A), 2012].
Editor’s Note: For statutory provisions on assault, see Chapter 9A.36 RCW; for provisions on sex crimes, see Chapter 9A.44 RCW.