Chapter 9.03
CRIMINAL CODE
Sections:
9.03.015 Statutory provisions – Amendments included.
9.03.030 Crimes relating to children and minors.
9.03.040 Contributing to the delinquency of a minor.
9.03.050 Leaving unattended children in parked or standing vehicles.
9.03.060 Controlled substances, paraphernalia, poisons and toxic fumes.
9.03.070 Drug paraphernalia definitions.
9.03.080 Possession of drug paraphernalia prohibited.
9.03.090 Crimes relating to fire.
9.03.100 Firearms and dangerous weapons.
9.03.110 Weapons prohibited on liquor sale premises.
9.03.120 Frauds, swindles and false representations.
9.03.130 Crimes relating to persons.
9.03.140 Placing a person in fear or apprehension by threat.
9.03.150 Crimes relating to property.
9.03.160 Crimes relating to public morals.
9.03.170 Crimes relating to public officers.
9.03.190 Public officer defined.
9.03.200 Crimes relating to public peace.
9.03.210 Miscellaneous crimes.
9.03.220 Throwing objects at moving vehicles.
9.03.240 Adoption of RCW sections not specifically set forth.
9.03.010 General provisions.
The following State statutes, including all future amendments, additions or deletions are adopted by reference:
RCW
7.21.010 Definitions
7.21.020 Sanctions – Who may impose
7.21.030 Remedial sanctions – Payment for losses
7.21.040 Punitive sanctions – Fines
7.21.050 Sanctions – Summary imposition – Fines
7.21.060 Administrative actions or proceedings – Petition to court for imposition of sanctions
7.21.070 Appellant review
9.01.055 Citizen immunity if aiding officer
9.01.110 Omission, when not punishable
9.01.130 Sending letter, when complete
9A.04.010 General requirements of culpability
9A.04.020 Purposes – Principles of construction
9A.04.040 Classes of crime
9A.04.050 People capable of committing crimes – Capability of children
9A.04.060 Common law to supplement statutes
9A.04.070 Who amenable to criminal statutes
9A.04.090 Application of general provisions of the code
9A.04.100 Proof beyond a reasonable doubt
9A.04.110 Definitions
9A.08.020 Liability of conduct of another – Complicity
9A.08.030 Criminal liability of corporations and persons acting under a duty to act in their behalf
9A.12.010 Insanity
9A.16.010 Definition
9A.16.020 Use of force – When lawful
9A.16.060 Duress
9A.16.070 Entrapment
9A.16.080 Action for being detained on mercantile establishment of premises for investigation – “Reasonable grounds” as defense
9A.16.090 Intoxication
9A.16.100 Use of force on children
9A.20.021 Gross misdemeanor and misdemeanor penalties
9A.28.020 Criminal attempt
9A.28.030 Criminal solicitation
(1), (2), (3)(e) Criminal conspiracy
(Ord. 696 § 1, 2019; Ord. 72 § 1, 1993)
9.03.015 Statutory provisions – Amendments included.
The amendment of any State statute adopted by reference in this title shall be deemed to amend the corresponding section of this title and it shall not be necessary for the City Council to take any action with respect to such amendment.
(Ord. 696 § 2, 2019)
9.03.020 Alcoholic beverages.
The following State statutes, including all future amendments, additions or deletions are adopted by reference:
RCW
66.04.010 Definitions
66.20.200 Unlawful acts relating to card of identification and certification card
66.20.210 Licensee’s immunity to prosecution or suit – Certification card
66.28.080 Permit for music and dancing upon licensed premises
66.28.090 Licensed premises open to inspection – Failure to allow
66.44.010 Local officers to enforce law – Authority of board – Liquor enforcement officers
66.44.040 Sufficiency of description of offenses in complaints, information, process, etc.
66.44.050 Description of offense in words of statutes – Proof required
66.44.060 Proof of unlawful sale establishes prima facie intent
66.44.070 Certified analysis is prima facie evidence of alcoholic content
66.44.080 Service of process on corporation
66.44.090 Acting without license
66.44.100 Opening or consuming liquor in public place – Penalty
66.44.120 Unlawful use of seal
66.44.130 Sale of liquor by drink or bottle
66.44.140 Unlawful sale, transportation of spirituous liquor without stamp or seal – Unlawful operation, possession of still or mash
66.44.150 Buying liquor illegally
66.44.160 Illegal possession, transportation of alcoholic beverages
66.44.170 Illegal possession of liquor with intent to sell – Prima facie evidence
66.44.175 Violations of law
66.44.180 General penalties – Jurisdiction for violation
66.44.200 Sales to persons apparently under the influence of liquor
66.44.210 Obtaining liquor for ineligible person
66.44.240 Drinking in public conveyance – Penalty against carrier
66.44.250 Same – Penalty against individual
66.44.270 Furnishing liquor to persons underage
66.44.280 Minor applying for permit
66.44.290 Minor purchasing or attempting to purchase liquor – Penalty
66.44.300 Treating minor, etc., in public place where liquor sold
66.44.310 Minor frequenting tavern or cocktail lounge, misrepresentation of age
66.44.325 Unlawful transfer to a minor of an identification card
66.44.328 Unlawful to transfer to a minor of a forged, altered, etc., identification card
66.44.340 Employees 18 years and over allowed to sell and carry beer and wine for Class E and/or Class F employees
66.44.350 Employees 18 years and over allowed to serve and carry liquor, clean up, etc., for Class A, C, D and/or H licensed employees
66.44.365 Driving privileges revoked
66.44.370 Resisting or opposing officers in enforcement of title
(Ord. 696 § 3, 2019; Ord. 72 § 2, 1993)
9.03.030 Crimes relating to children and minors.
The following State statutes, including all future amendments, additions, or deletions are adopted by reference:
RCW
9.68A.090 Communicating with a minor for immoral purposes
9.91.060 Leaving children unattended in parked automobile
9A.44.096 Sexual misconduct with a child, second degree
9A.44.130 Sex offender registration
9A.44.140 Duty to register, when terminate
9A.44.150 Testimony of a child by closed circuit television
(Ord. 72 § 3, 1993)
9.03.040 Contributing to the delinquency of a minor.
In all cases when any child is dependent or delinquent as defined in RCW 13.34.030, any person who, by act or omission, encourages, causes or contributes to the dependency or delinquency of such child, shall be guilty of a misdemeanor. (Ord. 72 § 4, 1993)
9.03.050 Leaving unattended children in parked or standing vehicles.
No person, while operating or in charge of a motor vehicle, shall park or willfully allow such vehicle to stand upon a public street, public way, or in a public place open to the public, leaving any child or children under the age of eight years unattended therein. For the purposes of this section, “unattended” means where no responsible person over 12 years of age is physically present in such a vehicle and has immediate control over such a child or children, or the person operating or in charge of such vehicle is not in the immediate vicinity where such child or children can be seen or heard by such person. Violations shall be punished by a misdemeanor. (Ord. 72 § 5, 1993)
9.03.060 Controlled substances, paraphernalia, poisons and toxic fumes.
The following State statutes, including all future amendments, additions, or deletions are adopted by reference:
RCW
9.47A.050 Penalty – Toxic substances
69.50.101 Definitions
(c)(22) Schedule I – Marijuana
69.50.309 Containers
69.50.4013 Possession of controlled substance – Penalty
69.50.4014 Possession of forty grams or less of marijuana – Penalty
69.50.412 Prohibited acts: E – Penalties
69.50.420 Juvenile driving privileges suspended
69.50.435 Additional penalty – School/bus stops
69.50.505 Seizure and forfeiture
69.50.506 Burden of proof
69.50.509 Search and seizure of controlled substances
9.47A.010 Definitions – Inhaling toxic fumes
9.47A.020 Unlawful inhalation – Exception
9.47A.030 Possession of certain substances prohibited, when
9.47A.040 Sale of certain substances prohibited, when
9.47A.050 Penalty
69.38.010 Poison defined
69.38.020 Exceptions
69.38.030 Poison register
69.38.040 Poison register – Penalty for violations
69.38.050 False representations
69.38.060 License required
(Ord. 696 § 4, 2019; Ord. 72 § 6, 1993)
9.03.070 Drug paraphernalia definitions.
(1) As used in this section, “drug paraphernalia” means all equipment, products, and materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, smoking, or otherwise introducing into the human body a controlled substance. It includes, but is not limited to:
(a) Kits used, intended for use, or designed for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived;
(b) Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing or preparing controlled substances;
(c) Isomerization devices used, intended for use or designed for use in increasing the potency of any species of plant which is a controlled substance;
(d) Testing equipment used, intended for use, or designed for use, in identifying or in analyzing the strength, effectiveness or purity of controlled substances;
(e) Scales and balances used, intended for use or designed for use in weighing or measuring controlled substances;
(f) Diluents and adulterants (such as quinine hydrochloride, mannitol, mannite, dextrose, and lactose) used, intended for use, or designed for use in cutting controlled substances;
(g) Separation gins and sifters used, intended for use, or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana;
(h) Blenders, bowls, containers, spoons and mixing devices used, intended for use, or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana;
(i) Capsules, balloons, envelopes and other containers used, intended for use, or designed for use in packaging small quantities of controlled substances;
(j) Containers and other objects used, intended for use, or designed for use in storing or concealing controlled substances;
(k) Hypodermic syringes, needles and other objects used, intended for use, or designed for use in parenterally injecting controlled substances into the human body;
(l) A device “designed primarily for” such smoking or ingestion set forth in subsection (i) of this section is a device which has been fabricated, constructed, altered, adjusted, or marked especially for use in the smoking, ingestion, or consumption of marijuana, hashish, hashish oil, cocaine, or any other “controlled substance,” and is peculiarly adapted to such purposes by virtue of a distinctive feature or combination of features associated with drug paraphernalia, notwithstanding the fact that it might also be possible to use such device for some other purpose. Paraphernalia includes, but is not limited to, the following items or devices:
(i) Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes, with or without screens, permanent screens, hashish heads, or punctured metal bowls;
(ii) Water pipes;
(iii) Carburetion tubes and devices;
(iv) Smoking and carburetion masks;
(v) Roach clips (meaning objects used to hold burning material, such as a marijuana cigarette, that has become too small or too short to be held in the hand);
(vi) Miniature cocaine spoons and cocaine vials;
(vii) Chamber pipes;
(viii) Carburetor pipes;
(ix) A smokable pipe which contains a heating unit, whether the device is known as an “electric pipe” or otherwise;
(x) Air-driven pipes;
(xi) Chillums;
(xii) A device constructed so as to prevent the escape of smoke into the air and to channel smoke into a chamber where it may be accumulated to permit inhalation or ingestion of larger quantities of smoke than would otherwise be possible, whether the device is known as a “bong” or otherwise;
(xiii) A device constructed so as to permit the simultaneous mixing and ingestion of smoke and nitrous oxide or other compressed gas, whether the device is known as a “buzz bomb” or otherwise;
(xiv) A canister, container, or other device with a tube, nozzle, or other similar arrangement attached thereto, so constructed as to permit the forcing of smoke accumulated therein into the user’s lungs under pressure, whether the device is known as a “power hitter” or otherwise;
(xv) A device for holding a marijuana cigarette, whether the device is known as a “roach clip” or otherwise;
(xvi) A spoon for ingestion of a controlled substance through the nose;
(xvii) A straw or tube for ingestion of a controlled substance through the nose or mouth;
(xviii) A smokable pipe constructed with a receptacle or container in which water or other liquid may be placed into which smoke passes and is cooled in the process of being inhaled or ingested;
(xix) Ice pipes or chillers.
(2) In determining whether an object is drug paraphernalia under this section, a court or other authority should consider, in addition to all other logically relevant factors, the following:
(a) Statements by an owner or by anyone in control of the object concerning its use;
(b) Prior convictions, if any, of an owner, or of anyone in control of the object, under any State or Federal law relating to any controlled substance;
(c) The proximity of the object, in time and space, to a direct violation of this section;
(d) The proximity of the object to controlled substances;
(e) The existence of any residue of controlled substances on the object;
(f) Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons whom he or she knows, or should reasonably know, intend to use the object to facilitate a violation of this section. The innocence of an owner, or of anyone in control of the object, as to a direct violation of this section shall not prevent a finding that the object is intended or designed for use as drug paraphernalia;
(g) Instructions, oral or written; provided with the object concerning its use;
(h) Descriptive materials accompanying the object which explain or depict its use;
(i) National and local advertising concerning its use;
(j) The manner in which the object is displayed for sale;
(k) Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products;
(l) Direct or circumstantial evidence of the ratio of sales of the object to the total sales of the business enterprise;
(m) The existence and scope of legitimate uses for the object in the community; and
(n) Expert testimony concerning its use. (Ord. 72 § 7, 1993)
9.03.080 Possession of drug paraphernalia prohibited.
Any person who possesses any drug paraphernalia as defined in RCW 69.50.102 with the intent to use or employ the same for manufacturing and/or consuming controlled substances is guilty of a misdemeanor. (Ord. 696 § 5, 2019; Ord. 72 § 8, 1993)
9.03.090 Crimes relating to fire.
The following State statutes, including all future amendments, additions, or deletions are adopted by reference:
RCW
9A.48.010 Definitions – Reckless burning
9A.48.050 Reckless burning in the second degree
9A.48.060 Reckless burning – Defenses
9.40.040 Operating engine or boiler without spark arrester
9.40.100 Injuring or tampering with fire alarm apparatus or equipment – False alarm
(Ord. 72 § 9, 1993)
9.03.100 Firearms and dangerous weapons.
The following State statutes, including all future amendments, additions, or deletions are adopted by reference:
RCW
9.41.010 Terms defined
9.41.050 Carrying firearms
9.41.060 Exception
9.41.070 Concealed weapons permit
9.41.080 Delivery to ineligible persons
9.41.090 Dealer deliveries regulated – Hold on delivery
9.41.098 Forfeiture of firearms – Disposition – Confiscation
9.41.100 Dealers to be licensed
9.41.110 License
9.41.120 Certain transfers forbidden
9.41.140 Alteration of identifying marks prohibited
9.41.185 Coyote getters
9.41.230 Aiming or discharging firearms
9.41.240 Use of firearms by minor
9.41.250 Dangerous weapons – Penalty
9.41.260 Dangerous exhibitions
9.41.270 Weapons apparently capable of producing bodily harm, carrying, exhibiting, displaying, or drawing unlawful – Penalty – Exceptions
9.41.280 Students carrying dangerous weapons on school property
9.41.300 Firearms prohibited in certain places
9.41.305 Open carry of weapons prohibited on state capitol grounds and municipal buildings
9.41.800 Surrender of weapons or licenses – Prohibition on future possession or licensing
9.41.810 Penalty.
(Ord. 751 § 1, 2023; Ord. 696 § 6, 2019; Ord. 72 § 10, 1993)
9.03.110 Weapons prohibited on liquor sale premises.
(1) It is a misdemeanor for anyone, on or in any portion of an establishment classified by the State Liquor Control Board as off limits to persons under 21 years of age, to:
(a) Carry any rifle, shotgun or pistol, whether the person has a license or permit to carry the firearm or not, and whether the firearm is concealed or not;
(b) Carry any knife, sword, dagger, or other cutting or stabbing instrument with a blade of a length of three inches or more, or any razor with an unguarded blade, whether the weapon or instrument is concealed or not;
(c) Carry any instrument or weapon of the kind usually known as a slingshot, taser, throwing star, bow, sand club, blackjack, metal knuckles, or any stick, chain, metal pipe, bar, club, or combination thereof, including a device known as numchuck sticks, 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 the instrument or weapon is concealed or not.
(2) Exceptions. Subsection (1) of this section shall not apply to or affect the following:
(a) A person engaged in military activities sponsored by the Federal or State governments while engaged in official duties;
(b) Law enforcement personnel;
(c) Security personnel while engaged in official duties; or
(d) The proprietor of the premises or his or her employees while engaged in their employment.
(3) 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 in accordance with the design and language provided by the City.
(4) 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. 72 § 11, 1993)
9.03.120 Frauds, swindles, and false representations.
The following statutes, including all future amendments, additions or deletions are adopted by reference:
RCW
9.04.010 False advertising
9.26A.110 Fraud in obtaining telecommunications service – Penalty
9.26A.120 Fraud in operating coin box telephone or other receptacle
9.26A.130 Penalty for manufacture or sale of slugs to be used for coin
9.26A.140 Unauthorized sale or procurement of telephone records – Penalties – Definitions
9.38.010 False representations concerning credit
9.38.015 False statement by deposit account applicant
9.38.020 False representation concerning title
9.44.080 Misconduct – Sign petition
9.45.060 Encumbered, leased, or rented personal property
9.45.070 Mock auctions
9.45.080 Fraudulent removal of property
9.45.090 Knowingly receiving fraudulent conveyance
9.45.100 Fraud in assignment for benefit of creditors
9.45.270 Fraudulent filing of vehicle report for sale
9A.60.045 Criminal impersonation in the second degree
9A.60.050 False certification
9A.60.070 False academic credentials – Unlawful issuance or use – Definitions – Penalties
(Ord. 696 § 7, 2019; Ord. 72 § 12, 1993)
9.03.130 Crimes relating to persons.
The following State statutes, including all future amendments, additions or deletions, are adopted by reference:
RCW
9.61.230 Telephone calls to harass, intimidate, torment or embarrass
9.61.240 Same – Permitting telephone to be used
9.61.250 Same – Offenses, where deemed committed
9.61.260 Cyberstalking
9A.36.041 Assault in the fourth degree
9A.36.050 Reckless endangerment
9A.36.070 Coercion
9A.36.150 Interfering with the reporting of domestic violence
9A.36.160 Failing to summon assistance
9A.36.161 Failing to summon assistance – Penalty
9A.40.070 Custodial interference in the second degree
9A.40.080 Custodial interference – Assessment of costs – Defense – Consent defenses, restricted
9A.46.020 Definition – Penalties
9A.46.030 Place where committed
9A.46.040 Court-ordered requirements upon person charged with crime – Violation
9A.46.050 Arraignment – No-contact order
9A.46.060 Crimes included in harassment
9A.46.070 Enforcement of orders restricting contact
9A.46.080 Order restricting contact – Violation
9A.46.085 Stalking no-contact orders – Appearance before magistrate required
9A.46.090 Nonliability of peace officer
9A.46.100 “Convicted” – Time when
9A.46.110 Stalking
10.14.170 Violation of civil antiharassment order
10.99.020 Definitions
10.99.040 Restrictions upon and duties of the court
10.99.050 Restrictions or prohibition of contact with victim – Procedures
10.99.055 Enforcement of orders against defendants
26.09.300 Restraining orders – Violation – Penalty, etc.
26.50.010 Definitions
26.50.110 Violation of order – Penalties
(Ord. 696 § 8, 2019; Ord. 176 § 1, 1997; Ord. 72 § 13, 1993)
9.03.140 Placing a person in fear or apprehension by threat.
(1) Every person who shall intentionally place, or attempt to place, another person in reasonable fear or apprehension of bodily harm by means of a threat shall be guilty of a misdemeanor.
(2) For purposes of this section, “threat” means to communicate, directly or indirectly, by act, word, or deed, whether written, spoken, or otherwise communicated, the intent to imminently:
(a) Cause bodily injury to the person threatened or any other person;
(b) Cause physical damage to the property of a person other than the person making the threat; or
(c) Subject the person threatened or any other person to physical confinement or restraint.
(3) Any threat as defined in this section is deemed to have been committed at the place from which the threat or threats were made or at the place where the threat or threats were received. (Ord. 72 § 14, 1993)
9.03.150 Crimes relating to property.
The following State statutes, including all future amendments, additions or deletions are adopted by reference:
RCW
9.54.130 Restoration of stolen property – Duty of officers
9A.48.090 Malicious mischief in the third degree
9A.48.100 (1) Malicious mischief and physical damage defined
9A.52.010 Definitions
9A.52.060 Making or having burglary tools
9A.52.070 Criminal trespass in the first degree
9A.52.080 Criminal trespass in the second degree
9A.52.090 Criminal trespass – Defenses
9A.52.100 Vehicle prowling
9A.56.010 Definitions
9A.56.020 Theft – Definition, defense
9A.56.050 Theft in third degree
(1, 2, 3, 5) Unlawful issuance of checks or drafts
9A.56.063 Making or possessing motor vehicle theft tools
9A.56.096 Theft of rental, leased, lease-purchased, or loaned property
9A.56.140 Possessing stolen property – Definition – Presumption
9A.56.170 Possessing stolen property in the third degree
9A.56.180 Obscuring identity of a machine
9A.56.220 Theft of subscription television services
9A.56.240 Forfeiture and disposal of device used to commit violation
9A.56.260 Connection of channel converter
9A.56.270 Shopping cart theft
9A.56.330 Possession of another’s identification
9A.90.030 Definitions
9A.90.050 Computer trespass in the second degree
9A.90.070 Spoofing
9A.90.090 Electronic data tampering in the second degree
28A.635.020 Willfully disobeying order to leave school property
28A.635.030 Disturbing school/activities/ meetings at school
28A.635.090 Interfere with school administration by use of force or violence
28A.635.100 Intimidating administrator or student
28A.635.110 Disciplinary authority exception
(Ord. 696 § 9, 2019; Ord. 72 § 15, 1993)
9.03.160 Crimes relating to public morals.
The following State statutes, including all future amendments, additions or deletions are adopted by reference:
RCW
9.68A.011 Definitions – Sexual exploitation of children and minor access to erotic materials
9.68A.080 Reporting of depictions of minor engaged in sexually explicit conduct – Civil immunity
9.68A.090 (1) Communication with minor for immoral purposes – Penalties
9.68A.103 Permitting commercial sexual abuse of a minor – Penalty – Consent of minor does not constitute defense
(1), (2), (3),
(5) Certain defenses barred, permitted
9.68A.120 Seizure and forfeiture of property
9.68A.130 Recovery of costs of suit by minor
9.68A.150 Allowing minor on premises of live erotic performance – Definitions – Penalty
9.68A.170 Criminal proceedings – Depictions of minors engaged in sexually explicit conduct – Restrictions on access
9.68A.180 Criminal proceedings – Depictions of minors engaged in sexually explicit conduct – Sealing, storage, destruction of exhibits
9.68A.190 Criminal proceedings – Depictions of minors engaged in sexually explicit conduct – Depictions distributed to defense counsel or expert witnesses prior to June 7, 2012 – Distribution of depictions under color of law not a defense
9A.88.010 Indecent exposure
9A.88.030 Prostitution
9A.88.040 Prosecution for prostitution under RCW 9A.88.030 – Affirmative defense
9A.88.050 Prostitution – Sex of parties immaterial
9A.88.090 Permitting prostitution
9A.88.110 Patronizing a prostitute
9A.88.120 Additional fee assessments
9A.88.130 Additional requirements
(Ord. 696 § 10, 2019; Ord. 72 § 16, 1993)
9.03.162 Lewd conduct.
(1) Every person who intentionally performs any lewd act in a public place knowing that such conduct is likely to cause reasonable affront and alarm is guilty of a misdemeanor.
(2) “Lewd act” means public:
(a) Exposure of any portion of the human anus or genitals, including display of the male genitals in a discernible turgid state, even if completely and opaquely covered; or
(b) Exposure of the female breast lower than the upper edge of the areola; provided, however, that nothing in the section shall prohibit the breastfeeding of an infant or child under the age of 36 months; or
(c) Touching, caressing, or fondling of the male or female genitals or female breasts, whether clothed or naked; or
(d) Sexual conduct as defined by subsection (4) of this section; or
(e) Stimulated acts of human sex, including intercourse, oral copulation, sodomy, or masturbation of oneself or of one person by another.
(3) “Public” or “public display” means easily visible from a public thoroughfare or from property of others in any portion of any public facility of park, or in any other public place in a manner so obtrusive as to make it difficult for an unwilling person to avoid exposure.
(4) “Sexual conduct” means sexual intercourse or sexual contact.
(5) “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 an object, when committed 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 in the mouth or anus of another, whether such persons are of the same or opposite sex.
(6) “Sexual contact” means:
(a) Any touching of the sexual or other intimate parts of a person done for the purpose of gratifying sexual desire of either party or a third party;
(b) Masturbation, manual or instrumental, of oneself in the presence of another, or one person by another. (Ord. 180 § 1, 1997)
9.03.170 Crimes relating to public officers.
The following State statutes, including all future amendments, additions or deletions are adopted by reference:
RCW
9.31.090 Escaped prisoner recaptured
9.69.100 Withholding knowledge of felony involving violence – Penalty
9A.72.010 Definitions
9A.72.040 False swearing
9A.72.060 False swearing – Retraction
9A.72.070 False swearing – Irregularities no defense
9A.72.080 Statement of what one does not know to be true
9A.72.140 Jury tampering
9A.72.150 Tampering with physical evidence
9A.76.010 Definitions
9A.76.020 Obstructing a public servant
9A.76.030 Refusing to summon aid for a peace officer
9A.76.040 Resisting arrest
9A.76.050 Rendering criminal assistance – Definition of terms
9A.76.060 Relative defined
9A.76.070 Rendering criminal assistance in the first degree
9A.76.080 Rendering criminal assistance in the second degree
9A.76.090 Rendering criminal assistance in the third degree
9A.76.100 Compounding
9A.76.130 Escape in the third degree
9A.76.160 Introducing contraband in the third degree
(1), (2),
(3)(d) Bail jumping
9A.76.175 Making a false or misleading statement to a public servant
9A.84.040 False reporting
(Ord. 696 § 11, 2019; Ord. 72 § 17, 1993)
9.03.180 Obstructing public officers.
Repealed by Ord. 696. (Ord. 72 § 18, 1993)
9.03.190 Public officer defined.
“Public officer,” as used in this title, comprises police officers, fire chief and his or her designees; health officers; and the public works director and his or her designees; City Clerk and his or her designee; code enforcement personnel; and other City personnel authorized for enforcement of City ordinances, statutes and codes. (Ord. 72 § 19, 1993)
9.03.200 Crimes relating to public peace.
The following State statutes, including all future amendments, additions or deletions are adopted by reference:
RCW
9.27.015 Interference or obstruction of any court building or residence – Violations
9.62.010 Malicious prosecution
9.62.020 Instituting suit in name of another
9.73.010 Divulging telegram
9.73.020 Opening sealed letter
9.73.030 Intercepting, recording or divulging private communication – Consent required – Exceptions
9.73.070 Same – Persons and activities excepted
9.73.080 Penalty
9.73.090 Police and fire personnel exempted from RCW 9.73.030 through 9.73.080 – Standards
9.73.100 Records available to defense counsel
9.73.110 Not unlawful for building owner
9.73.140 Availability, inventory
9.73.200 Conversations regarding controlled substances
9.73.210 Interception – Controlled substance
(1), (2)(b) Riot
9A.84.020 Failure to disperse
(Ord. 696 § 13, 2019; Ord. 72 § 20, 1993)
9.03.210 Miscellaneous crimes.
The following State statutes, including all future amendments, additions or deletions are adopted by reference:
RCW
9.03.010 Abandoning, discarding refrigeration equipment
9.03.020 Permitting unused equipment to remain on premises
9.03.030 Violation of RCW 9.03.010 or 9.03.020
9.03.040 Keeping or storing equipment for sale
9.91.010 Denial of civil rights – Terms defined
9.91.020 Operating railroad, steamboat, vehicle, etc., while intoxicated
9.91.025 Unlawful transit conduct
9.91.140 Food stamps – Unlawful sale
9.91.142 Food stamps – Trafficking
(1), (3), (4) Personal protection spray devices
9.91.170 Interfering with dog guide or service animal
9.91.175 Interfering with search and rescue dog
70.54.010 Polluting water supply
70.93.060 Littering
(Ord. 696 § 14, 2019; Ord. 72 § 21, 1993)
9.03.220 Throwing objects at moving vehicles.
Any person who throws, pushes, rolls, drops, swings or otherwise propels or projects any object, thing or substance in such a manner as to strike or be likely to strike any moving vehicle on the public highways or streets is guilty of a misdemeanor. (Ord. 72 § 22, 1993)
9.03.230 Disorderly conduct.
Any person who engages in disorderly conduct is guilty of a misdemeanor. A person engages in disorderly conduct when that person:
(1) Uses abusive language and thereby intentionally creates a risk of assault;
(2) Intentionally disrupts any lawful assembly or meeting of persons without authority;
(3) Intentionally obstructs vehicular or pedestrian traffic without lawful authority;
(4) Fights by agreement, except as part of an organized athletic event; or
(5) Is intoxicated from the use of alcohol, marijuana, or illegal drugs in any public place in the city such that the person’s conduct tends to or does unreasonably disturb the public peace, provoke disorder, or endanger the safety of others. (Ord. 696 § 15, 2019)
9.03.240 Adoption of RCW sections not specifically set forth.
Notwithstanding the RCW sections that are specifically adopted by reference in this code, all RCW sections that constitute misdemeanors or gross misdemeanors and the RCW sections necessary for the investigation, arrest, prosecution, sentencing, confinement and enforcement of misdemeanors or gross misdemeanors are hereby adopted by reference as currently enacted or as they may hereafter be amended or recodified and shall be given the same force and effect as if fully set forth herein. (Ord. 696 § 16, 2019)