Chapter 9.24
CRIMES AGAINST PROPERTY1
Sections:
9.24.010 Trespassing – First degree.
9.24.020 Trespassing – Second degree.
9.24.040 Possession of stolen property.
9.24.060 Unlawful issuance of checks.
9.24.070 Possession of burglary tools.
9.24.090 Destruction of property.
9.24.100 Frauds on innkeepers and business establishments.
9.24.110 Criminal possession of leased or rented property.
9.24.120 Theft of subscription television services.
Prior legislation: Ord. 112-94.
9.24.010 Trespassing – First degree.
It is unlawful for any person to knowingly enter or remain, unlawfully, in a building of another. For the purpose of this section, a person “enters or remains, unlawfully,” in a building of another when he is not then licensed, invited, or otherwise privileged to so enter or remain.
Trespass in the first degree shall be a gross misdemeanor. [Ord. 36-12 § 2 (Att. A), 2012; Ord. 251 § 1.06.070, 1977].
9.24.020 Trespassing – Second degree.
It is unlawful for any person to knowingly enter or remain, unlawfully, upon the premises of another. For the purpose of this section, a person “enters or remains, unlawfully,” in or upon the premises of another when he is not then licensed, invited, or otherwise privileged to so enter or remain.
Trespass in the second degree shall be a misdemeanor. [Ord. 36-12 § 2 (Att. A), 2012].
9.24.030 Theft.
It is unlawful for any person to take, steal, or carry away the property of another that has the value of $750.00 or less with the intent to deprive or defraud the owner thereof. Every person convicted of a violation of the provisions of this section shall be guilty of theft, a gross misdemeanor. [Ord. 36-12 § 2 (Att. A), 2012; Ord. 9-90 § 1, 1990; Ord. 251 § 1.06.010, 1977. Formerly 9.24.040].
9.24.040 Possession of stolen property.
It is unlawful for any person to knowingly receive, retain, possess, conceal, or dispose of stolen property that has the value of $750.00 or less, knowing that it has been stolen, and to withhold or appropriate the same to the use of any person other than the true owner or person entitled thereto. Every person convicted of a violation of the provisions of this section shall be guilty of possessing stolen property, a gross misdemeanor. [Ord. 36-12 § 2 (Att. A), 2012; Ord. 251 § 1.06.020, 1977. Formerly 9.24.050].
9.24.050 Value defined.
For the purpose of WRMC 9.24.030 and 9.24.040, “value” means the market value of the property at the time and in the approximate area of the criminal act. [Ord. 36-12 § 2 (Att. A), 2012; Ord. 251 § 1.06.030, 1977. Formerly 9.24.060].
9.24.060 Unlawful issuance of checks.
It is unlawful for any person, with intent to defraud, to make, draw, utter or deliver to another person any check or draft in an amount of $750.00 or less on a bank or other depository for the payment of money, knowing at the time of such drawing, or delivery, that he has not sufficient funds in nor credit with such bank or other depository to meet such check or draft in full upon its presentation. The uttering or delivering of such a check or draft to another person without such fund or credit to meet the same shall be prima facie evidence of an intent to defraud. Every person convicted of a violation of the provisions of this section shall be guilty of unlawful issuance of checks, a gross misdemeanor. [Ord. 36-12 § 2 (Att. A), 2012; Ord. 251 § 1.06.040, 1977. Formerly 9.28.020].
9.24.070 Possession of burglary tools.
It is unlawful for any person to have in his possession any tool or implement adapted, designed or commonly used for the commission of burglary under circumstances evidencing an intent to use or employ, or allow the same to be used or employed, in the commission of a burglary, or knowing that the same is intended to be so used. Every person convicted of a violation of the provisions of this section shall be guilty of possession of burglary tools, a gross misdemeanor. [Ord. 36-12 § 2 (Att. A), 2012; Ord. 251 § 1.06.050, 1977. Formerly 9.28.030].
9.24.080 Vehicle prowling.
A person is guilty of vehicle prowling in the second degree if, with intent to commit a crime against a person or property therein, he enters or remains unlawfully in a vehicle other than a motor home, as defined in RCW 46.04.305, or a vessel equipped for propulsion by mechanical means or by sail which has a cabin equipped with permanently installed sleeping quarters or cooking facilities. Every person convicted of a violation of the provisions of this section shall be guilty of vehicle prowling, a gross misdemeanor. [Ord. 36-12 § 2 (Att. A), 2012; Ord. 251 § 1.06.060, 1977. Formerly 9.24.020].
9.24.090 Destruction of property.
It is unlawful for any person to:
A. Intentionally cause physical damage to the property of another; or
B. Write, paint, draw or create any inscription, figure or mark of any type on any public or private building or other structure or any real or personal property owned by any other person, unless the person has obtained the express permission of the owner or operator of the property.
Any person found in violation of the provisions of this section shall be guilty of destruction of property, which is a gross misdemeanor if the damage to the property is in an amount less than $750.00. (Chapter 9A.48 RCW) [Ord. 36-12 § 2 (Att. A), 2012; Ord. 251 § 1.06.090, 1977. Formerly 9.24.030].
9.24.100 Frauds on innkeepers and business establishments.
It is unlawful for any person to obtain any food, lodging, or accommodation at any hotel, restaurant, boardinghouse, or lodging house, or to obtain any services from any business establishment providing such services, without paying therefor, with intent to defraud the owner or manager thereof. Evidence that an individual absconded or surreptitiously removed his baggage from any innkeeper’s facility without paying for such food, lodging or accommodation shall be prima facie evidence of intent to defraud. Every person convicted of a violation of the provisions of this section shall be guilty of perpetrating a fraud on an innkeeper or business establishment, a gross misdemeanor. [Ord. 36-12 § 2 (Att. A), 2012; Ord. 251 § 1.06.100, 1977. Formerly 9.28.010].
9.24.110 Criminal possession of leased or rented property.
A. A person is guilty of criminal possession of leased or rented property if, after renting or leasing any personal property, he:
1. Willfully neglects to return the property to the place of business of the lessor within the time specified in the lease or agreement; or
2. Willfully neglects for 30 days or more to pay the lessor any periodic payments when due.
B. “Willfully neglects” as used in this section means omits, fails or forbears with the intent to deprive the owner of or exert unauthorized control over property, and specifically excludes the failure to return an item because of a bona fide contract dispute with the owner.
C. No individual, corporation or other legal entity shall be held liable in any civil action arising out of the arrest or detention of any person alleged to have violated this section if the person arrested or detained failed to return rented or leased property to the lessor within five full business days after written demand therefor. The requirements for written demand shall be deemed fulfilled if such demand is mailed to the lessee or renter at the address given by him at the time of the transaction giving rise to the arrest or detention.
D. Criminal possession of leased or rented property valued at less than $750.00 is a gross misdemeanor. [Ord. 36-12 § 2 (Att. A), 2012].
9.24.120 Theft of subscription television services.
A. A person is guilty of theft of subscription television services if, with intent to avoid payment of the lawful charge of a subscription television service, he or she:
1. Obtains or attempts to obtain subscription television service from a subscription television service company by trick, artifice, deception, use of a device or decoder or other fraudulent means without authority from the company providing the service;
2. Assists or instructs a person in obtaining or attempting to obtain subscription television service without authority of the company providing the service;
3. Makes or maintains a connection or connections, whether physical, electrical, mechanical, acoustical or by other means, with cables, wires, components or other devices used for the distribution of subscription television services without authority from the company providing the services;
4. Makes or maintains a modification or alteration to a device installed with the authorization of subscription television service company for the purpose of interception or receiving a program or other service carried by the company that the person is not authorized by the company to receive; or
5. Possesses without authority a device designed, in whole or in part, to receive subscription television services offered for sale by the subscription television service company, regardless of whether the program or services are encoded, filtered, scrambled or otherwise made unintelligible, or to perform or facilitate the performance of any other acts set out in subsections (A)(1) through (4) of this section for the reception of subscription television services without authority.
B. A violation of this section is a gross misdemeanor. [Ord. 36-12 § 2 (Att. A), 2012].
Editor’s Note: For statutory provisions on burglary and trespass, see Chapter 9A.52 RCW; for provisions on theft and robbery, see Chapter 9A.56 RCW; for provisions on fraud, see Chapters 9.45 and 9A.60 RCW; for provisions on malicious mischief, see RCW 9A.48.070 et seq.