Chapter 6.07
ABUSE OF DEPENDENT PERSONS
Sections:
6.07.020 Criminal mistreatment in the third degree.
6.07.025 Criminal mistreatment in the fourth degree.
6.07.030 Withdrawal of life support systems.
6.07.050 Defense of financial inability.
6.07.060 Abandonment of a dependent person.
6.07.070 Abandonment of a dependent person—Defense.
6.07.080 Leaving a child in the care of a sex offender.
6.07.010 Definitions.
As used in this chapter:
(1) “Basic necessities of life” means food, water, shelter, clothing, and medically necessary health care, including but not limited to health-related treatment or activities, hygiene, oxygen, and medication;
(2) (a) “Bodily injury” means physical pain or injury, illness, or an impairment of physical condition;
(b) “Substantial bodily harm” means bodily injury which involves a temporary but substantial disfigurement, or which causes a temporary but substantial loss or impairment of the function of any bodily part or organ, or which causes a fracture of any bodily part;
(c) “Great bodily harm” means bodily injury which creates a high probability of death, or which causes serious permanent disfigurement, or which causes a permanent or protracted loss or impairment of the function of any bodily part or organ.
(3) “Child” means a person under eighteen years of age.
(4) “Dependent person” means a person who, because of physical or mental disability, or because of extreme advanced age, is dependent upon another person to provide the basic necessities of life. A resident of a nursing home, as defined in RCW 18.51.010, a resident of an adult family home, as defined in RCW 70.128.010, and a frail elder or vulnerable adult, as defined in RCW 74.34.020(8), is presumed to be a dependent person for purposes of this chapter.
(5) “Employed” means hired by a dependent person, another person acting on behalf of a dependent person, or by an organization or governmental entity, to provide to a dependent person any of the basic necessities of life. A person may be “employed” regardless of whether the person is paid for the services or, if paid, regardless of who pays for the person’s services.
(6) “Parent” has its ordinary meaning and also includes a guardian and the authorized agent of a parent or guardian.
(7) “Abandons” means leaving a child or other dependent person without the means or ability to obtain one or more of the basic necessities of life. (Ord. 2003-22 § 1 (part), 2003).
6.07.020 Criminal mistreatment in the third degree.
(1) A person is guilty of the crime of criminal mistreatment in the third degree if the person is the parent of a child, is a person entrusted with the physical custody of a child or other dependent person, or is a person employed to provide to the child or dependent person the basic necessities of life, and either:
(a) With criminal negligence, creates an imminent and substantial risk of substantial bodily harm to a child or dependent person by withholding any of the basic necessities of life; or
(b) With criminal negligence, causes substantial bodily harm to a child or dependent person by withholding any of the basic necessities of life.
(2) Criminal mistreatment in the third degree is a gross misdemeanor. (Ord. 2003-22 § 1 (part), 2003).
6.07.025 Criminal mistreatment in the fourth degree.
(1) A person is guilty of the crime of criminal mistreatment in the fourth degree if the person is the parent of a child, is a person entrusted with the physical custody of a child or other dependent person, or is a person employed to provide to the child or dependent person the basic necessities of life, and either:
(a) With criminal negligence, creates an imminent and substantial risk of bodily injury to a child or dependent person by withholding any of the basic necessities of life; or
(b) With criminal negligence, causes bodily injury or extreme emotional distress manifested by more than transient physical symptoms to a child or dependent person by withholding the basic necessities of life.
(2) Criminal mistreatment in the fourth degree is a misdemeanor. (Ord. 2003-22 § 1 (part), 2003).
6.07.030 Withdrawal of life support systems.
Sections 6.07.020 and 6.07.025 do not apply to decisions to withdraw life support systems made in accordance with RCW Chapter 7.70 or 70.122 by the dependent person, his or her legal surrogate, or others with a legal duty to care for the dependent person. (Ord. 2003-22 § 1 (part), 2003).
6.07.040 Palliative care.
Sections 6.07.020 and 6.07.025 do not apply when a terminally ill or permanently unconscious person or his or her legal surrogate, as set forth in RCW Chapter 7.70, requests, and the person receives, palliative care from a licensed home health agency, hospice agency, nursing home, or hospital providing care under the medical direction of a physician. As used in this section, the terms “terminally ill” and “permanently unconscious” have the same meaning as “terminal condition” and “permanent unconscious condition” in Chapter RCW 70.122. (Ord. 2003-22 § 1 (part), 2003).
6.07.050 Defense of financial inability.
In any prosecution for criminal mistreatment, it shall be a defense that the withholding of the basic necessities of life is due to financial inability only if the person charged has made a reasonable effort to obtain adequate assistance. This defense is available to a person employed to provide the basic necessities of life only when the agreed-upon payment has not been made. (Ord. 2003-22 § 1 (part), 2003).
6.07.060 Abandonment of a dependent person.
(1) A person is guilty of the crime of abandonment of a dependent person if:
(a) The person is the parent of a child, a person entrusted with the physical custody of a child or other dependent person, or a person employed to provide to the child or dependent person any of the basic necessities of life; and
(b) The person recklessly abandons the child or other dependent person; and:
(i) As a result of being abandoned, the child or other dependent person suffers bodily harm; or
(ii) Abandoning the child or other dependent person creates an imminent and substantial risk that the child or other person will suffer substantial bodily harm.
(2) Abandonment of a dependent person in the third degree is a gross misdemeanor. (Ord. 2003-22 § 1 (part), 2003).
6.07.070 Abandonment of a dependent person—Defense.
It is an affirmative defense to the charge of abandonment of a dependent person, that the person employed to provide any of the basic necessities of life to the child or other dependent person, gave reasonable notice of termination of services and the services were not terminated until after the termination date specified in the notice. The notice must be given to the child or dependent person, and to other persons or organizations that have requested notice of termination of services furnished to the child or other dependent person. (Ord. 2003-22 § 1 (part), 2003).
6.07.080 Leaving a child in the care of a sex offender.
(1) A person is guilty of the crime of leaving a child in the care of a sex offender if the person is (a) the parent of a child (b) entrusted with the physical custody of a child; or (c) employed to provide to the child the basic necessities of life, and leaves the child in the care or custody of another person who is not a parent, guardian, or lawful custodian of the child, knowing that the person is registered or required to register as a sex offender under the laws of this state, or a law or ordinance in another jurisdiction with similar requirements, because of a sex offense against a child.
(2) It is an affirmative defense to the charge of leaving a child in the care of a sex offender under this section, that the defendant must prove by a preponderance of the evidence, that a court has entered an order allowing the offender to have unsupervised contact with children, or that the offender is allowed to have unsupervised contact with the child in question under a family reunification plan, which has been approved by a court, the department of corrections, or the department of social and health services in accordance with department policies.
(3) Leaving a child in the care of a sex offender is a misdemeanor. (Ord. 2003-22 § 1 (part), 2003).