Chapter 10.02
Definitions

Sections:

10.02.010 General Rules.

10.02.015 Statutory Definitions Applicable.

10.02.020 Classification and Designation of Crimes.

10.02.021 Maximum Sentences for Crimes.

10.02.030 Disorderly.

10.02.050 Force, Lawful.

10.02.060 Liquor.

10.02.070 Nuisance.

10.02.072 Pedestrian Skywalk System.

10.02.074 Pedestrian Mall.

10.02.080 Perjury and Interference with Official Proceedings.

10.02.100 Public Accommodation.

10.02.110 Reckless Burning.

10.02.120 Theft and Robbery.

10.02.122 Kidnapping and Sex Offenses.

10.02.130 Unlawful Purpose.

10.02.010 General Rules.

The common law supplements this division. Tense, gender and number are interchangeable.

[Ord. C25103 § 6.01.100]

10.02.015 Statutory Definitions Applicable.

As applicable, the definitions in RCW titles 9 and 9A, as now or hereafter amended, apply to this division.

[Ord. C28629; Passed: 2/23/1987]

10.02.020 Classification and Designation of Crimes.

A.  Any crime punishable by a fine of not more than one thousand dollars, or by imprisonment in a county jail for not more than ninety days, or by both such fine and imprisonment is a misdemeanor. Whenever the performance of any act is prohibited by any statute, and no penalty for the violation of such statute is imposed, the committing of such act shall be a misdemeanor.

B.  All crimes other than felonies and misdemeanors are gross misdemeanors. (RCW 9A.20.010)

[Ord. C32021 § 1; Passed: 11/10/1997]

10.02.021 Maximum Sentences for Crimes.

A.  Gross misdemeanor. Every person convicted of a gross misdemeanor defined in SMC 10.02.020 shall be punished by imprisonment for a maximum term fixed by the court of not more than one year, or by a fine in an amount fixed by the court of not more than five thousand dollars, or by both such imprisonment and fine.

B.  Misdemeanor. Every person convicted of a misdemeanor defined in SMC 10.02.020 shall be punished by imprisonment for a maximum term fixed by the court of not more than ninety days, or by a fine in an amount fixed by the court of not more than one thousand dollars, or by both such imprisonment and fine. (RCW 9A.20.021)

[Ord. C32021 § 2; Passed: 11/10/1997]

10.02.030 Disorderly.

The term “disorderly” means contrary to the rules of good order and behavior, violative of public peace and good order, turbulent, riotous, or indecent.

[Ord. C25103 § 6.01.110]

10.02.050 Force, Lawful.

The use of force, or the attempt or offer to use force, upon or toward the person of another is not a violation of this part in the following cases:

A.  When necessarily used by a public officer in the performance of a legal duty, or a person assisting him and acting under his direction;

B.  Whenever used by a party about to be injured, or by another lawfully aiding him in preventing or attempting to prevent an offense against his person, or a malicious trespass, or other malicious interference with real or personal property, lawfully in his possession, so long as the force is not more than is necessary;

C.  Whenever used in a reasonable and moderate manner by a parent or his authorized agent, a guardian, or teacher in the exercise of lawful authority, to restrain or correct his child, ward, or scholar;

D.  Whenever used by a carrier of passengers, or his authorized agent or servant or other person assisting them at their request, in expelling from a carriage, street car, railway car, or other vehicle, a passenger who refuses to obey any lawful and reasonable regulation prescribed for the conduct of passengers, if such vehicle has first been stopped and the force used is not more than is necessary to expel the offender with reasonable regard to his personal safety;

E.  Whenever reasonably used by a person to detain someone who enters and remains unlawfully in a building or on real property lawfully in the possession of such person, so long as such detention is reasonable in duration and manner, to investigate the reason for the detained person’s presence on the premises, and so long as the premises in question did not reasonably appear to be intended to be open to members of the public.

[Ord. C25103 § 6.01.190]

Cross Reference: RCW 9A.16.020.

10.02.060 Liquor.

“Liquor” is any of the varieties of liquor defined in the Washington Alcoholic Beverage Control Act, RCW title 66.

[Ord. C31792; Passed: 12/2/1996]

10.02.070 Nuisance.

A “nuisance” is the unreasonable or unlawful use by a person of his real or personal property, or the unreasonable, indecent or unlawful personal conduct which materially interferes with or jeopardizes the health, safety, prosperity, quiet enjoyment of property or welfare of others, offends common decency or public morality, or obstructs or interferes with the free use of public ways, places or bodies of water.

Nuisance also consists of the specific violations set forth in this title in SMC 10.08.030, 10.08.040, 10.24.040 and 12.02.0202.

[Ord. C32236; Passed: 8/3/1998]

10.02.072 Pedestrian Skywalk System.

“Pedestrian skywalk system” means any system of providing for pedestrian traffic circulation, mechanical or otherwise, elevated above ground, within and without the public rights-of-way, and through or above private property and buildings, and includes overpasses, bridges, passageways, walkways, concourses, hallways, corridors, arcades, courts, plazas, malls, elevators, escalators, heated canopies and access and all fixtures, furniture, signs, equipment, facilities, services and appurtenances. The term includes systems or portions of systems which are built in the future. For purposes of SMC chapter 10.10, a “pedestrian skywalk system” includes stairways and escalators leading from or into the skywalk system from private buildings and areas under stairs and escalators leading to and connecting concourse corridors, in addition to stairs and escalators connecting the concourse corridors to public streets or other public property.

[Ord. C28629; Passed: 2/23/1987]

10.02.074 Pedestrian Mall.

“Pedestrian mall” means any indoor enclosed public mall, arcade, courtyard, galleria, gallery, piazza, square, or other type of indoor public pedestrian way or open space.

[Ord. C28629; Passed: 2/23/1987]

10.02.080 Perjury and Interference with Official Proceedings.

The following definitions are applicable in this chapter unless the context otherwise requires:

A.  “Materially false statement” means any false statement oral or written, regardless of its admissibility under the rules of evidence, which could have affected the course or outcome of the proceeding; whether a false statement is material shall be determined by the court as a matter of law;

B.  “Oath” includes an affirmation and every other mode authorized by law of attesting to the truth of that which is stated; in this chapter, written statements shall be treated as if made under oath if:

1.   The statement was made on or pursuant to instructions on an official form bearing notice, authorized by law, to the effect that false statements made therein are punishable;

2.   The statement recites that it was made under oath, the declarant was aware of such recitation at the time he or she made the statement, intended that the statement should be represented as a sworn statement, and the statement was in fact so represented by its delivery or utterance with the signed jurat of an officer authorized to administer oaths appended thereto; or

3.   It is a statement, declaration, verification, or certificate, made within or outside the state of Washington, which is certified or declared to be true under penalty of perjury as provided in RCW 9A.72.085;

C.  An oath is “required or authorized by law” when the use of the oath is specifically provided for by statute or regulatory provision or when the oath is administered by a person authorized by state or federal law to administer oaths;

D.  “Official proceeding” means a proceeding heard before any legislative, judicial, administrative, or other government agency or official authorized to hear evidence under oath, including any referee, hearing examiner, commissioner, notary, or other person taking testimony or depositions;

E.  “Juror” means any person who is a member of any jury, including a grand jury, impaneled by any court of this state or by any public servant authorized by law to impanel a jury; the term “juror” also includes any person who has been drawn or summoned to attend as a prospective juror;

F.  “Testimony” includes oral or written statements, documents, or any other material that may be offered by a witness in an official proceeding. (RCW 9A.72.010)

[Ord. C32021 § 3; Passed: 11/10/1997]

10.02.100 Public Accommodation.

A place of “public accommodation” is any place where the general public may go, or where goods, lodging, or services are offered, sold, or let, or any common carrier.

[Ord. C25103 § 6.01.170]

10.02.110 Reckless Burning.

A.  For the purpose of this title, unless the context indicates otherwise:

1.   “Building” has the definition in RCW 9A.04.110(5), and where a building consists of two or more units separately secured or occupied, each unit shall not be treated as a separate building;

2.   “Damages,” in addition to its ordinary meaning, includes any charring, scorching, burning, or breaking, or agricultural or industrial sabotage, and shall include any diminution in the value of any property as a consequence of an act;

3.   “Property of another” means property in which the actor possesses anything less than exclusive ownership.

B.  To constitute arson it is not necessary that a person other than the actor has ownership in the building or structure damaged or set on fire. (RCW 9A.48.010)

[Ord. C33036 § 6; Passed: 6/10/2002]

10.02.120 Theft and Robbery.

The following definitions are applicable in this chapter unless the context otherwise requires:

A.  “Access device” means any card, plate, code, account number, or other means of account access that can be used alone or in conjunction with another access device to obtain money, goods, services, or anything else of value, or that can be used to initiate a transfer of funds, other than a transfer originated solely by paper instrument;

B.  “Appropriate lost or misdelivered property or services” means obtaining or exerting control over the property or services of another which the actor knows to have been lost or mislaid, or to have been delivered under a mistake as to identity of the recipient or as to the nature or amount of the property;

C.  “Beverage crate” means a plastic or metal box-like container used by a manufacturer or distributor in the transportation or distribution of individually packaged beverages to retail outlets, and affixed with language stating “property of . . .,” “owned by . . .,” or other markings or words identifying ownership;

D.  “By color or aid of deception” means that the deception operated to bring about the obtaining of the property or services; it is not necessary that deception be the sole means of obtaining the property or services;

E.  “Deception” occurs when an actor knowingly:

1.   Creates or confirms another’s false impression which the actor knows to be false; or

2.   Fails to correct another’s impression which the actor previously has created or confirmed; or

3.   Prevents another from acquiring information material to the disposition of the property involved; or

4.   Transfers or encumbers property without disclosing a lien, adverse claim, or other legal impediment to the enjoyment of the property, whether that impediment is or is not valid, or is or is not a matter of official record; or

5.   Promises performance which the actor does not intend to perform or knows will not be performed;

F.  “Deprive” in addition to its common meaning means to make unauthorized use or an unauthorized copy of records, information, data, trade secrets, or computer programs;

G.  “Merchandise pallet” means a wood or plastic carrier designed and manufactured as an item on which products can be placed prior to and during transport to retail outlets, manufacturers, or contractors, and affixed with language stating “property of . . .,” “owned by . . .,“ or other markings or words identifying ownership;

H.  “Obtain control over” in addition to its common meaning, means:

1.   In relation to property, to bring about a transfer or purported transfer to the obtainer or another of a legally recognized interest in the property; or

2.   In relation to labor or service, to secure performance thereof for the benefits of the obtainer or another;

I.  “Owner” means a person, other than the actor, who has possession of or any other interest in the property or services involved, and without whose consent the actor has no authority to exert control over the property or services;

J.  “Parking area” means a parking lot or other property provided by retailers for use by a customer for parking an automobile or other vehicle;

K.  “Receive” includes, but is not limited to, acquiring title, possession, control, or a security interest, or any other interest in the property;

L.  “Services” includes, but is not limited to, labor, professional services, transportation services, electronic computer services, the supplying of hotel accommodations, restaurant services, entertainment, the supplying of equipment for use, and the supplying of commodities of a public utility nature such as gas, electricity, steam, and water;

M.  “Shopping cart” means a basket mounted on wheels or similar container generally used in a retail establishment by a customer for the purpose of transporting goods of any kind;

N.  “Stolen” means obtained by theft, robbery, or extortion;

O.  “Subscription television service” means cable or encrypted video and related audio and data services intended for viewing on a home television by authorized members of the public only, who have agreed to pay a fee for the service. Subscription services include but are not limited to those video services presently delivered by coaxial cable, fiber optic cable, terrestrial microwave, television broadcast, and satellite transmission;

P.  “Telecommunication device” means:

1.   any type of instrument, device, machine, or equipment that is capable of transmitting or receiving telephonic or electronic communications; or

2.   any part of such an instrument, device, machine, or equipment, or any computer circuit, computer chip, electronic mechanism, or other component, that is capable of facilitating the transmission or reception of telephonic or electronic communications;

Q.  “Telecommunication service” includes any service other than subscription television service provided for a charge or compensation to facilitate the transmission, transfer, or reception of a telephonic communication or an electronic communication;

R.  Value.

1.   “Value” means the market value of the property or services at the time and in the approximate area of the criminal act.

2.   Whether or not they have been issued or delivered, written instruments, except those having a readily ascertained market value, shall be evaluated as follows:

a.   The value of an instrument constituting an evidence of debt, such as a check, draft, or promissory note, shall be deemed the amount due or collectible thereon or thereby, that figure ordinarily being the face amount of the indebtedness less any portion thereof which has been satisfied;

b.   The value of a ticket or equivalent instrument which evidences a right to receive transportation, entertainment, or other service shall be deemed the price stated thereon, if any; and if no price is stated thereon, the value shall be deemed the price of such ticket or equivalent instrument which the issuer charged the general public;

c.   The value of any other instrument that creates, releases, discharges, or otherwise affects any valuable legal right, privilege, or obligation shall be deemed the greatest amount of economic loss which the owner of the instrument might reasonably suffer by virtue of the loss of the instrument.

3.   Whenever any series of transactions which constitute theft, would, when considered separately, constitute theft in the third degree because of value, and said series of transactions are a part of a criminal episode or a common scheme or plan, then the transactions may be aggregated in one count and the sum of the value of all said transactions shall be the value considered in determining the degree of theft involved. For purposes of this subsection, “criminal episode” means a series of thefts committed by the same person from one or more mercantile establishments on three or more occasions within a five-day period.

4.   Whenever any person is charged with possessing stolen property and such person has unlawfully in his possession at the same time the stolen property of more than one person, then the stolen property possessed may be aggregated in one count and the sum of the value of all said stolen property shall be the value considered in determining the degree of theft involved.

5.   Property or services having value that cannot be ascertained pursuant to the standards set forth above shall be deemed to be of a value not exceeding two hundred and fifty dollars;

S.  “Wrongfully obtains” or “exerts unauthorized control” means:

1.   to take the property or services of another;

2.   having any property or services in one’s possession, custody or control as bailee, factor, pledgee, servant, attorney, agent, employee, trustee, executor, administrator, guardian, or officer of any person, estate, association, or corporation, or as a public officer, or person authorized by agreement or competent authority to take or hold such possession, custody, or control, to secrete, withhold, or appropriate the same to his or her own use or to the use of any person other than the true owner or person entitled thereto; or

3.   having any property or services in one’s possession, custody, or control as partner, to secrete, withhold, or appropriate the same to his or her use or to the use of any person other than the true owner or person entitled thereto, where such use is unauthorized by the partnership agreement. (RCW 9A.56.010)

[Ord. C33036 § 2; Passed: 6/10/2002]

10.02.122 Kidnapping and Sex Offenses.

For the purpose of RCW 9A.44.130, 10.01.200, 43.43.540, 70.48.470, and 72.09.330, and the equivalent provisions of this code:

A.  “Sex offense” means:

1.   any offense defined as a sex offense by RCW 9.94A.030;

2.   any violation under RCW 9A.44.096 (sexual misconduct with a minor in the second degree);

3.   any federal or out-of-state conviction for an offense that under the laws of this state would be classified as a sex offense under this subsection; and

4.   any gross misdemeanor that is, under RCW chapter 9A.28, a criminal attempt, criminal solicitation, or criminal conspiracy to commit an offense that is classified as a sex offense under RCW 9.94A.030 or this subsection.

B.  “Kidnapping offense” means:

1.   the crimes of kidnapping in the first degree, kidnapping in the second degree, and unlawful imprisonment, as defined in RCW chapter 9A.40, where the victim is a minor and the offender is not the minor’s parent;

2.   any offense that is, under RCW chapter 9A.28, a criminal attempt, criminal solicitation, or criminal conspiracy to commit an offense that is classified as a kidnapping offense under this paragraph; and

3.   any federal or out-of-state conviction for an offense that under the laws of this state would be classified as a kidnapping offense under this paragraph.

C.  “Employed” or “carries on a vocation” means employment that is full-time or part-time for a period of time exceeding fourteen days, or for an aggregate period of time exceeding thirty days during any calendar year. A person is employed or carries on a vocation whether the person’s employment is financially compensated, volunteered, or for the purpose of government or educational benefit.

D.  “Student” means a person who is enrolled, on a full-time or part-time basis, in any public or private educational institution. An educational institution includes any secondary school, trade or professional institution, or institution of higher education.

[Ord. C33036 § 3; Passed: 6/10/2002]

10.02.130 Unlawful Purpose.

“Unlawful purpose” means a purpose to violate any provision of this title or a Washington State criminal statute.

[Ord. C28629; Passed: 2/23/1987]