Chapter 5.34
PERSONS, CRIMES RELATING TO
Sections:
5.34.010 Assault and other crimes involving physical harm.
5.34.015 Definition of assault in the fourth degree.
5.34.020 Placing a person in fear or apprehension by threat.
5.34.030 Domestic violence – State statutes adopted by reference.
5.34.040 Failure to abide by court order.
5.34.050 Custodial interference.
5.34.060 Violation of civil anti-harassment orders.
5.34.070 Harassment.
5.34.080 Interference with health care facilities, providers, and delivery prohibited.
5.34.010 Assault and other crimes involving physical harm.
The following statutes of the state of Washington are adopted by reference:
RCW
9A.36.041 Assault in the fourth degree
9A.36.050 Reckless endangerment
9A.36.070 Coercion
9A.46.110 Stalking
9.61.230 Telephone calls to harass/ intimidate/torment/embarrass
9.61.240 — Permitting telephone to be used for such
9.61.250 — Offenses – Where deemed committed
[Ord. 2915 § 1, 1993; Ord. 2672, 1988; Ord. 2531, 1985].
5.34.015 Definition of assault in the fourth degree.
A. Assault Defined.
1. An assault is an intentional touching, striking or contact with another person that is harmful or offensive regardless of whether any physical injury is done to the person. A touching, striking or contact is offensive if the touching, striking or contact would offend an ordinary person who is not unduly sensitive.
2. An assault is also an act done with an intent to inflict bodily injury upon another, intending, but failing to accomplish it, and accompanied by the apparent present ability to inflict the bodily injury if not prevented. It is not necessary that bodily injury be inflicted.
3. An assault is also an act, with unlawful force, done with an intent to create in another apprehension and fear of bodily injury, and which in fact creates in another a reasonable apprehension and imminent fear of bodily injury even though the actor did not actually intend to inflict bodily injury.
B. Exclusions and Defenses.
1. An act is not an assault if it is done with the consent of the person alleged to be assaulted.
2. Self defense shall be a complete defense to the charge of assault in the fourth degree, if the action was committed in self defense or defense of another; provided, that any such defense must be reasonable and necessary. [Ord. 3291 § 1, 2000; Ord. 2853 § 30, 1991].
5.34.020 Placing a person in fear or apprehension by threat.
A. 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 misdemeanor.
B. 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:
1. Cause bodily injury to the person threatened or any other person; or
2. Cause physical damage to the property of a person other than the person making the threat; or
3. Subject the person threatened or any other person to physical confinement or restraint.
C. 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. 2654 § 10, 1988; Ord. 2531, 1985].
5.34.030 Domestic violence – State statutes adopted by reference.
The following statutes of the state of Washington as the same exist or shall hereafter be amended are hereby adopted by reference:
RCW
10.99.020 Definitions
10.99.030 Law enforcement officers – Training, powers, duties
10.99.040 Restrictions upon and duties of court
10.99.045 Appearances by defendant – Orders prohibiting contact
10.99.050 Restriction or prohibition of contact with victim – Procedures
10.99.055 Enforcement of orders against defendants
26.50.010 Definitions
26.50.020 Commencement of action – Jurisdiction – Venue
26.50.030 Petition for an order for protection – Availability of forms and instructional brochures – Filing fee – Bond not required
26.50.040 Application for leave to proceed in forma pauperis
26.50.050 Hearing – Service – Time
26.50.060 Relief
26.50.070 Ex parte temporary order for protection
26.50.080 Issuance of order – Assistance of peace officer – Designation of appropriate law enforcement agency
26.50.090 Order – Service
26.50.100 Order – Transmittal to law enforcement agency – Record in law enforcement information system – Enforceability
26.50.110 Violation of order – Penalties
26.50.120 Violation of order – Prosecuting attorney or attorney for municipality may be requested to assist – Costs and attorney's fees
26.50.130 Order – Modification – Transmittal
26.50.140 Peace officers – Immunity
26.50.200 Title to real estate – Effect
26.50.210 Proceedings additional
9A.36.150 Interfering with the reporting of domestic violence
[Ord. 3143 § 1, 1997; Ord. 2531, 1985].
5.34.040 Failure to abide by court order.
It shall be a misdemeanor for any person subject to a court order, the violation of which is not covered by a specific provision of this chapter, to knowingly and willfully violate the terms of that order. [Ord. 2654 § 11, 1988; Ord. 2531, 1985].
5.34.050 Custodial interference.
The following statutes of the state of Washington are hereby adopted by reference:
RCW
9A.40.010 Definitions
9A.40.040 Unlawful imprisonment
9A.40.070 Custodial interference in the second degree
9A.40.080 Custodial interference – Assessment of costs – Defense – Consent defense, restricted
[Ord. 2853 § 31, 1991; Ord. 2531, 1985].
5.34.060 Violation of civil anti-harassment orders.
It is a gross misdemeanor to willfully disobey a temporary or permanent anti-harassment order issued pursuant to Chapter 10.14 RCW. [Ord. 2654 § 12, 1988].
5.34.070 Harassment.
The following state statutes, including all future amendments, are adopted by reference:
RCW
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.46.090 Nonliability of the police officer
9A.46.100 “Convicted,” time when
10.14.020 Definitions
10.14.030 Course of conduct, determination of purpose
10.14.040 Protection order – Petition
10.14.050 Administrative for courts – Forms, information
10.14.060 Proceeding in forma pauperis
10.14.070 Hearing
10.14.080 Anti-harassment orders ex parte temporary – Hearing – Renewal
10.14.090 Representation or appearance
10.14.100 Service of order
10.14.110 Notice to law enforcement agencies – Enforceability
[Ord. 2853 § 32, 1991; Ord. 2654 § 13, 1988].
5.34.080 Interference with health care facilities, providers, and delivery prohibited.
The following state statute, including all future amendments, are adopted by reference:
A. Chapter 128, Sections 1 through 14, Laws of 1993 – Interference with Health Care Facilities, Providers and Delivery Prohibited. [Ord. 2944 § 1, 1993].