Chapter 10.68
TRESPASS AND RELATED OFFENSES
Sections:
10.68.010 Definitions.
10.68.020 Making or having tools commonly used for the commission of burglary or other crime.
10.68.030 Criminal trespass—First degree.
10.68.040 Criminal trespass—Second degree.
10.68.050 Criminal trespass—Defenses.
10.68.060 Vehicle prowling.
10.68.010 Definitions.
The following definitions apply in this chapter:
A. Enter. The word “enter” when constituting an element or part of a crime, includes the entrance of the person, or the insertion of any part of his body, or any instrument or weapon held in his hand and used or intended to be used to threaten or intimidate a person or to detach or remove property;
B. Enters or remains unlawfully.
1. A person “enters or remains unlawfully” in or upon premises when he is not then licensed, invited, or otherwise privileged to so enter or remain.
2. A license or privilege to enter or remain in a building which is only partly open to the public is not a license or privilege to enter or remain in that part of the building which is not open to the public. A person who enters or remains upon unimproved and apparently unused land, which is neither fenced nor otherwise enclosed in a manner designed to exclude intruders, does so with license and privilege unless notice against trespass is personally communicated to him by the owner of the land or some other authorized person, or unless notice is given by posting in a conspicuous manner. Land that is used for growing an agricultural crop or crops, other than timber, is not unimproved and apparently unused land if a crop or any other sign of cultivation is visible. Similarly, a field fenced in any manner is not unimproved and apparently unused land.
C. “Premises” includes any building, dwelling, or any real property. (Amended during 1/88 supplement; Ord. 1145-85 § 44, 1985)
10.68.020 Making or having tools commonly used for the commission of burglary or other crime.
A. Every person who shall make or mend or cause to be made or mended, or have in his possession, any engine, machine, tool, false key, shaved key, pick lock, bit, nippers, or implement adapted, designed, or commonly used for the commission of burglary, or other crime, including but not limited to theft of a motor vehicle, under circumstances evincing an intent to use or employ, or allow the same to be used or employed in the commission of a crime, or knowing that the same is intended to be so used, shall be guilty of making or having tools commonly used for the commission of burglary or other crime.
B. Making or having tools commonly used for the commission of burglary or other crime is a gross misdemeanor. (Ord. 2623-02 § 1, 2002: Ord. 1145-85 § 45, 1985)
10.68.030 Criminal trespass—First degree.
A. A person is guilty of criminal trespass in the first degree if he knowingly enters or remains unlawfully in a building.
B. Criminal trespass in the first degree is a gross misdemeanor. (Ord. 1145-85 § 46, 1985)
10.68.040 Criminal trespass—Second degree.
A. A person is guilty of criminal trespass in the second degree if he knowingly enters or remains unlawfully in or upon premises of another under circumstances not constituting criminal trespass in the first degree.
B. Criminal trespass in the second degree is a misdemeanor. (Ord. 2158-96 § 1, 1996; Ord. 1145-85 § 47, 1985)
10.68.050 Criminal trespass—Defenses.
In any prosecution under Sections 10.68.030 and 10.68.040, it is a defense that:
A. A building involved in an offense under Section 10.68.030 was abandoned; or
B. The premises were at the time open to members of the public and the actor complied with all lawful conditions imposed on access to or remaining in the premises; or
C. The actor reasonably believed that the owner of the premises, or other person empowered to license access thereto, would have licensed him to enter or remain. (Ord. 1145-85 § 48, 1985)
10.68.060 Vehicle prowling.
A. A person is guilty of vehicle prowling 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.
B. Vehicle prowling is a gross misdemeanor. (Ord. 1145-85 § 49, 1985)