Chapter 10.02 DEFINITIONS

A. In the criminal code codified in this title, unless a different meaning plainly is required or intended the definitions in this chapter shall apply.

B. Words in the present tense shall include the future tense; and in the masculine shall include the feminine and neuter genders; and in the singular shall include the plural; and in the plural shall include the singular. (Ord. 1145-85 § 14 (part), 1985)

10.02.020 Acted.

“Acted” includes, where relevant, omitted to act. (Ord. 1145-85 § 14(1), 1985)

10.02.030 Actor.

“Actor” includes, where relevant, a person failing to act. (Ord. 1145-85 § 14(2), 1985)

10.02.040 Benefit.

“Benefit” is any gain or advantage to the beneficiary, including any gain or advantage to a third person pursuant to the desire or consent of the beneficiary. (Ord. 1145-85 § 14(3), 1985)

10.02.050 Bodily injury—Physical injury.

“Bodily injury” or “physical injury” means physical pain, illness, or an impairment of physical condition. (Ord. 1145-85 § 14(4), 1985)

10.02.060 Building.

“Building,” in addition to its ordinary meaning, includes any dwelling, fenced area, vehicle, railway, car, cargo container, or any other structure used for lodging of persons or for carrying on business therein, or for the use, sale or deposit of goods; each unit of a building consisting of two or more units separately secured or occupied is a separate building. (Ord. 1145-85 § 14(5), 1985)

10.02.065 Course of conduct.

“Course of conduct” means a pattern of conduct composed of a series of acts over a period of time, however, short, evidencing a continuity of purpose. “Course of conduct” includes, in addition to any other form of communication, contact, or conduct, the sending of an electronic communication. Constitutionally protected activity is not included within the meaning of “course of conduct.” (Ord. 2413-99 § 4, 1999)

10.02.070 Deadly weapon.

“Deadly weapon” means any explosive or loaded or unloaded firearm, and shall include any other weapon, device, instrument, article, or substance, including a “vehicle” as defined in this section, which, under the circumstances in which it is used, attempted to be used, or threatened to be used, is readily capable of causing death or serious bodily injury. (Ord. 1145-85 § 14(6), 1985)

10.02.080 Dwelling.

“Dwelling” means any building or structure, though movable or temporary, or a portion thereof, which is used or ordinarily used by a person for lodging. (Ord. 1145-85 § 14(7), 1985)

10.02.090 Government.

“Government” includes any branch, subdivision, or agency of the government of this state and any county, city, district, or other local governmental unit. (Ord. 1145-85 § 14(8), 1985)

10.02.100 Governmental function.

“Governmental function” includes any activity which a public servant is legally authorized or permitted to undertake on behalf of a government. (Ord. 1145-85 § 14(9), 1985)

10.02.110 Judge.

“Judge” includes every judicial officer authorized alone or with others, to hold or preside over a court. (Ord. 1145-85 § 14(10), 1985)

10.02.120 Malice—Maliciously.

“Malice” and “maliciously” shall import an evil intent, wish, or design to vex, annoy, or injure another person. Malice may be inferred from an act done in wilful disregard of the rights of another, or an act wrongfully done without just cause or excuse, or an act or omission of duty betraying a wilful disregard of social duty. (Ord. 1145-85 § 14(11), 1985)

10.02.130 Officer—Public officer.

“Officer” and “public officer” means a person holding office under a city, county, or state government or the federal government who performs a public function and in so doing is vested with the exercise of some sovereign power of government and includes all assistants, deputies, clerks and employees of any public officer and all persons lawfully exercising or assuming to exercise any of the powers or functions of a public officer. (Ord. 1145-85 § 14(12), 1985)

10.02.140 Omission.

“Omission” means a failure to act. (Ord. 1145-85 § 14(13), 1985)

10.02.150 Ordinance.

“Ordinance” means the Charter of the city or an act of the city council. (Ord. 1145-85 § 14(14), 1985)

10.02.160 Peace officer.

“Peace officer” means a duly appointed city, county, or state law enforcement officer. (Ord. 1145-85 § 14(15), 1985)

10.02.170 Pecuniary benefit.

“Pecuniary benefit” means any gain or advantage in the form of money, property, commercial interest, or anything else the primary significance of which is economic gain. (Ord. 1145-85 § 14(16), 1985)

10.02.180 Person—He—Actor.

“Person,” “he” and “actor” include any natural person and, where relevant, a corporation, joint stock association, or an unincorporated association. (Ord. 1145-85 § 14(17), 1985)

10.02.190 Place of work.

“Place of work” includes but is not limited to all the lands and other real property of a farm or ranch in the case of an actor who owns, operates, or is employed to work on such a farm or ranch. (Ord. 1145-85 § 14(18), 1985)

10.02.200 Prison—Jail.

“Prison” or “jail” means any place designated by law for the keeping of persons held in custody under process of law, or under lawful arrest. (Ord. 1145-85 § 14(19), 1985)

10.02.210 Prisoner.

“Prisoner” includes any person held in custody under process of law, or under lawful arrest. (Ord. 1145-85 § 14(20), 1985)

10.02.220 Property.

“Property” means anything of value, whether tangible or intangible, real or personal. (Ord. 1145-85 § 14(21), 1985)

10.02.230 Public servant.

“Public servant” means any person other than a witness who presently occupies the position of or has been elected, appointed, or designated to become any officer or employee of government, including a legislator, judge, judicial officer, juror, and any person participating as an advisor, consultant or otherwise in performing a governmental function. (Ord. 1145-85 § 14(22), 1985)

10.02.240 Signature.

“Signature” includes any memorandum, mark, or sign made with intent to authenticate any instrument or writing, or the subscription of any person thereto. (Ord. 1145-85 § 14(23), 1985)

10.02.250 Statute.

“Statute” means the Constitution or an act of the legislature or initiative or referendum of this state. (Ord. 1145-85 § 14(24), 1985)

10.02.260 Threat.

“Threat” means to communicate, directly or indirectly the intent:

A. To cause bodily injury in the future to the person threatened or to any other person; or

B. To cause physical damage to the property of a person other than the actor; or

C. To subject the person threatened or any other person to physical confinement or restraint; or

D. To accuse any person of a crime or cause criminal charges to be instituted against any person; or

E. To expose a secret or publicize an asserted fact, whether true or false, tending to subject any person to hatred, contempt, or ridicule; or

F. To reveal any information sought to be concealed by the person threatened; or

G. To testify or provide information or withhold testimony or information with respect to another’s legal claim or defense; or

H. To take wrongful action as an official against anyone or anything, or wrongfully withhold official action, or cause such action or withholding; or

I. To bring about or continue a strike, boycott, or other similar collective action to obtain property which is not demanded or received for the benefit of the group which the actor purports to represent; or

J. To do any other act which is intended to harm substantially the person threatened or another with respect to his health, safety, business, financial condition, or personal relationships. (Ord. 1145-85 § 14(25), 1985)

10.02.265 Unlawful harassment.

“Unlawful harassment” means a knowing and willful course of conduct directed at a specific person which seriously alarms, annoys, harasses, or is detrimental to such person, and which serves no legitimate or lawful purpose. The course of conduct shall be such as would cause a reasonable person to suffer substantial emotional distress, and shall actually cause substantial emotional distress to the petitioner, or, when the course of conduct is contact by a person over age eighteen that would cause a reasonable parent to fear for the well-being of their child. (Ord. 2413-99 § 3, 1999)

10.02.270 Vehicle.

“Vehicle” means a “motor vehicle” as defined in the vehicle and traffic laws, any aircraft, or any vessel equipped for propulsion by mechanical means or by sail. (Ord. 1145-85 § 14(26), 1985)