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Chapter 10.05
Offenses Against Commerce or EconomySections:
10.05.020 Counterfeiting – Definitions.
10.05.022 Counterfeiting Trademark, Brand, etc.
10.05.024 Counterfeiting – Penalty.
10.05.026 Seizure of Counterfeit Items.
10.05.030 Criminal Mistreatment.
10.05.040 Obscuring the Identity of a Machine.
10.05.062 Possessing Stolen Property – Definition – Access Devices, Presumption.
10.05.064 Possessing Stolen Property in the Third Degree.
10.05.070 Gambling Cheating.
10.05.080 Damaging Utility Equipment.
10.05.100 Theft in the Third Degree.
10.05.105 Theft – Definitions, Defense.
10.05.110 Unlawful Issuance of Checks or Drafts.
10.05.115 Theft of Subscription Television Services.
10.05.120 Theft of Rental Property.
10.05.122 Failure to Deliver Leased Personal Property.
10.05.020 Counterfeiting – Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
A. “Counterfeit mark” means:
1. any unauthorized reproduction or copy of intellectual property; or
2. intellectual property affixed to any item knowingly sold, offered for sale, manufactured, or distributed, or identifying services offered or rendered, without the authority of the owner of the intellectual property.
B. “Intellectual property” means any trademark, service mark, trade name, label, term, device, design, or work adopted or used by a person to identify such person’s goods or services. Intellectual property does not have exclusive use rights to trade names registered under RCW chapter 19.80.
C. “Retail value” means the counterfeiter’s regular selling price for the item or service bearing or identified by the counterfeit mark. In the case of items bearing a counterfeit mark which are components of a finished product, the retail value shall be the counterfeiter’s regular selling price of the finished product on or in which the component would be utilized.
[Ord. C32488 § 10; Passed: 9/13/1999]
10.05.022 Counterfeiting Trademark, Brand, etc.
Any person who willfully and knowingly, and for financial gain, manufactures, uses, displays, advertises, distributes, offers for sale, sells or possesses with intent to sell or distribute any item, or offers any services, bearing or identified by a counterfeit mark, is guilty of the crime of counterfeiting. Any state or federal certificate of registration of any intellectual property is prima facie evidence of the facts stated in the certificate.
[Ord. C32488 § 11; Passed: 9/13/1999]
10.05.024 Counterfeiting – Penalty.
A. Counterfeiting is a misdemeanor, except as provided in subsection (B) of this section.
B. Counterfeiting is a gross misdemeanor if:
1. The defendant has previously been convicted under RCW 9.16.030; or
2. The violation involves more than one hundred but fewer than one thousand items bearing a counterfeit mark or the total retail value of all items bearing a counterfeit mark or the total retail value of all items bearing, or services identified by, a counterfeit mark is more than one thousand dollars but less than ten thousand dollars.
C. Reserved.
D. Reserved.
E. For purposes of this section, the quantity or retail value of items or services shall include the aggregate quantity or retail value of all items bearing, or services identified by, every counterfeit mark the defendant manufactures, uses, displays, advertises, distributes, possesses, or possesses with intent to sell.
F. A person guilty of counterfeiting shall be fined an amount up to three times the retail value of the items bearing, or services identified by, a counterfeit mark, unless extenuating circumstances are shown by the defendant.
G. The penalties provided for in this section are cumulative and do not affect any other civil and criminal penalties provided by law.
[Ord. C32488 § 12; Passed: 9/13/1999]
10.05.026 Seizure of Counterfeit Items.
A. Any items bearing a counterfeit mark, and all personal property employed or used in connection with counterfeiting, including but not limited to, any items, objects, tools, machines, equipment, instruments, or vehicles of any kind, shall be seized by any law enforcement officer. All seized personal property referenced in this subsection shall be forfeited in accordance with RCW 10.105.010.
B. Upon request of the intellectual property owner, all seized items bearing a counterfeit mark shall be released to the intellectual property owner for destruction or disposition.
C. If the intellectual property owner does not request release of seized items bearing a counterfeit mark, such items shall be destroyed unless the intellectual property owner consents to another disposition.
[Ord. C32488 § 13; Passed: 9/13/1999]
10.05.030 Criminal Mistreatment.
A. 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.
B. 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 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.
C. This section does 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.
D. This section does 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 RCW chapter 70.122.
[Ord. C33036 § 7; Passed: 6/10/2002]
10.05.040 Obscuring the Identity of a Machine.
A. A person is guilty of obscuring the identity of a machine if he knowingly:
1. obscures the manufacturer’s serial number or any other distinguishing identification number or mark upon any vehicle, machine, engine, apparatus, appliance, or other device with intent to render it unidentifiable; or
2. possesses a vehicle, machine, engine, apparatus, appliance, or other device held for sale knowing that the serial number or other identification number or mark has been obscured.
B. “Obscure” means to remove, deface, cover, alter, destroy, or otherwise render unidentifiable.
C. Obscuring the identity of a machine is a gross misdemeanor. (RCW 9A.56.180)
[Ord. C32021 § 10; Passed: 11/10/1997]
10.05.062 Possessing Stolen Property – Definition – Access Devices, Presumption.
A. “Possessing stolen property” means knowingly to receive, retain, possess, conceal, or dispose of stolen property knowing that it has been stolen and to withhold or appropriate the same to the use of any person other than the true owner or person entitled thereto.
B. The fact that the person who stole the property has not been convicted, apprehended, or identified is not a defense to a charge of possessing stolen property.
C. When a person has in his or her possession, or under his or her control stolen access devices issued in the names of two or more persons, or ten or more stolen merchandise pallets, or ten or more stolen beverage crates, or a combination of ten or more stolen merchandise pallets and beverage crates, as defined under RCW 9A.56.010 or SMC 10.02.120 he or she is presumed to know that they are stolen.
The presumption in subsection (C) of this section is rebuttable by evidence raising a reasonable inference that the possession of such stolen access devices, merchandise pallets, or beverage crates was without knowledge that they were stolen. (RCW 9A.56.140; chapter 236, Laws of 1998)
[Ord. C32197; Passed: 6/15/1998]
10.05.064 Possessing Stolen Property in the Third Degree.
A. A person is guilty of possessing stolen property in the third degree if he or she possesses:
1. stolen property which does not exceed two hundred fifty dollars in value, or
2. ten or more stolen merchandise pallets, or ten or more stolen beverage crates, or a combination of ten or more stolen merchandise pallets and beverage crates.
B. Possessing stolen property in the third degree is a gross misdemeanor. (RCW 9A.56.170; chapter 236, Laws of 1998)
[Ord. C32197; Passed: 6/15/1998]
10.05.070 Gambling Cheating.
A. “Cheating,” as used in this chapter, means to:
1. employ or attempt to employ any device, scheme, or artifice to defraud any other participant or any operator;
2. engage in any act, practice, or course of operation as would operate as a fraud or deceit upon any other participant or any operator;
3. engage in any act, practice, or course of operation while participating in a gambling activity with the intent of cheating any other participant or the operator to gain an advantage in the game over the other participant or operator; or
4. cause, aid, abet, or conspire with another person to cause any other person to violate subsections (1) through (3) of this section.
B. Cheating in the Second Degree.
1. A person is guilty of cheating in the second degree if he or she engages in cheating and his or her conduct does not constitute cheating in the first degree.
2. Cheating in the second degree is a gross misdemeanor subject to the penalty set forth in RCW 9A.20.021.
C. Cheating in the First Degree.
1. A person is guilty of cheating in the first degree if he or she engages in cheating and:
a. knowingly causes, aids, abets, or conspires with another to engage in cheating; or
b. holds a license or similar permit issued by the state of Washington to conduct, manage, or act as an employee in an authorized gambling activity.
[Ord. C33036 § 4; Passed: 6/10/2002]
10.05.080 Damaging Utility Equipment.
A. No person may damage, break, tamper with, remove, disconnect, deface, or in any manner interfere with the safe and efficient operation of any public or private utility equipment.
B. The prohibition of subsection (A) of this section includes, without limitation, damage to any electric light, bulb, tube or fixture; tampering with any water or sewer pipe, connector, valve or meter; tampering with any electrical wire, cable, conduit, switch or meter; and damage to any public transportation system equipment.
C. The penalty for violation of this section is:
1. for damage of fifty dollars or less, a fine not to exceed one thousand dollars, or imprisonment for not more than ninety days, or both such fine and imprisonment;
2. for damage of more than fifty but not more than two hundred fifty dollars, a fine not to exceed five thousand dollars, or imprisonment for not more than one year, or both such fine and imprisonment.
[Ord. C28629; Passed: 2/23/1987]
Cross Reference: SMC 10.27.340; RCW 9A.48.090.
10.05.100 Theft in the Third Degree.
A. A person is guilty of theft in the third degree is he or she commits theft of property or services which:
1. does not exceed two hundred fifty dollars in value, or
2. includes ten or more merchandise pallets, or ten or more beverage crates, or a combination of ten or more merchandise pallets and beverage crates.
B. Theft in the third degree is a gross misdemeanor. (RCW 9A.56.050; chapter 236, Laws of 1998)
[Ord. C32197; Passed: 6/15/1998]
10.05.105 Theft – Definitions, Defense.
A. “Theft” means:
1. to wrongfully obtain or exert unauthorized control over the property or services of another or the value thereof, with intent to deprive him of such property or services; or
2. by color or aid of deception to obtain control over the property or services of another or the value thereof, with intent to deprive him of such property or services; or
3. to appropriate lost or misdelivered property or services of another, or the value thereof, with intent to deprive him of such property or services.
B. In any prosecution for theft, it is a sufficient defense that the property or service was appropriated openly and avowedly under claim of title made in good faith, even though the claim be untenable. (RCW 9A.56.020)
[Ord. C32197; Passed: 6/15/1998]
Cross Reference: Civil action for shoplifting by adults, minors: RCW 4.24.230.
10.05.110 Unlawful Issuance of Checks or Drafts.
A. Any person who shall with intent to defraud, make, or draw, or utter, or deliver to another person any check, or draft, on a bank or other depository for the payment of money, knowing at the time of such drawing, or delivery, that he has not sufficient funds in, or credit with said bank or other depository, to meet said check or draft, in full upon its presentation, shall be guilty of unlawful issuance of bank check. The word “credit” as used herein shall be construed to mean an arrangement or understanding with the bank or other depository for the payment of such check or draft, and the uttering or delivery of such a check or draft to another person without such fund or credit to meet the same shall be prima facie evidence of an intent to defraud.
B. Any person who shall with intent to defraud, make, or draw, or utter, or deliver to another person any check, or draft on a bank or other depository for the payment of money and who issues a stop-payment order directing the bank or depository on which the check is drawn not to honor said check, and who fails to make payment of money in the amount of the check or draft or otherwise arrange a settlement agreed upon by the holder of the check within twenty days of issuing said check or draft shall be guilty of unlawful issuance of a bank check.
C. When any series of transactions which constitute unlawful issuance of a bank check would, when considered separately, constitute unlawful issuance of a bank check in an amount of two hundred fifty dollars or less because of value, and the series of transactions are a part of a common scheme or plan, the transactions may be aggregated in one count and the sum of the value of all of the transactions shall be the value considered in determining whether the unlawful issuance of a bank check is to be punished as a class C felony or a gross misdemeanor.
D. Unlawful issuance of a bank check in an amount of two hundred fifty dollars or less is a gross misdemeanor and shall be punished as follows:
1. The court shall order the defendant to make full restitution;
2. The defendant need not be imprisoned, but the court shall impose a minimum fine of five hundred dollars. Of the fine imposed, at least fifty dollars shall not be suspended or deferred. Upon conviction for a second offense within any twelve-month period, the court may suspend or defer only that portion of the fine which is in excess of five hundred dollars.
[Ord. C31792; Passed: 12/2/1996]
Cross Reference: RCW 9A.56.060.
10.05.115 Theft of Subscription Television Services.
A. A person is guilty of theft of subscription television services if, with intent to avoid payment of the lawful charge of a subscription television service, he or she:
1. Obtains or attempts to obtain subscription television service from a subscription television service company by trick, artifice, deception, use of a device or decoder, or other fraudulent means without authority from the company providing the service;
2. Assists or instructs a person in obtaining or attempting to obtain subscription television service without authority of the company providing the service;
3. Makes or maintains a connection or connections, whether physical, electrical, mechanical, acoustical, or by other means, with cables, wires, components, or other devices used for the distribution of subscription television services without authority from the company providing the services;
4. Makes or maintains a modification or alteration to a device installed with the authorization of a subscription television service company for the purpose of interception or receiving a program or other service carried by the company that the person is not authorized by the company to receive; or
5. Possesses without authority a device designed in whole or in part to receive subscription television services offered for sale by the subscription television service company, regardless of whether the program or services are encoded, filtered, scrambled, or otherwise made unintelligible, or to perform or facilitate the performance of any other acts set out in subsections (A)(1) through (A)(4) of this section for the reception of subscription television services without authority.
B. Theft of subscription television services is a gross misdemeanor. (RCW 9A.56.220)
[Ord. C32021 § 11; Passed: 11/10/1997]
10.05.120 Theft of Rental Property.
A. A person who in any wrongful manner with intent, knowledge, recklessness, or criminal negligence takes, carries, leads, drives away, destroys, sells, secretes, converts, withholds, or appropriates personal property of another that is rented to the person, is guilty of theft of rental property. Property rented under a lease-purchase agreement as defined under RCW 63.19.010 is covered by this section.
B. The finder of fact may presume intent to commit theft of rental property if the finder of fact finds either or both of the following:
1. That the person who rented the property of another failed to return or make arrangements acceptable to the owner of the property to return the property to the owner or the owner’s agent within seventy-two hours after proper notice following the expiration of the rental agreement; or
2. That the renter presented identification to the owner that was materially false, fictitious, or not current with respect to name, address, place of employment, or other appropriate items.
C. As used in subsection (B) of this section, “proper notice” consists of a written demand by the owner made after the expiration of the rental period, mailed by certified or registered mail to the renter at:
1. the address the renter gave when the renter made the rental contract; or
2. the renter’s last known address if later furnished in writing by the renter or the renter’s agent.
D. The reasonable and fair market value of the property obtained must be utilized in determining the amount involved in the theft of rental property. Theft of rental property is a gross misdemeanor if the rental property is valued at less than two hundred fifty dollars.
E. The following factors, if established by the renter by a preponderance of the evidence, constitute an affirmative defense to prosecution for theft of rental property:
1. The renter accurately stated the renter’s name, address, and other material items of identification at the time of the rental; and
2. The renter failed to receive the owner’s notice personally, due in no significant part to the fault of the renter.
F. This section applies to rental agreements that provide that the renter may return the property any time within the rental period and pay only for the time the renter actually retained the property, in addition to any minimum rental fee. This section does not apply to rental of real property under the residential landlord-tenant act, RCW chapter 59.18. (Chapter 346, Laws of 1997, section 1 (RCW 9A.56.096))
[Ord. C32021 § 12; Passed: 11/10/1997]
10.05.122 Failure to Deliver Leased Personal Property.
Every person being in possession thereof who shall willfully and without reasonable cause fail to deliver leased personal property to the lessor within seventy-two hours after written notice of the expiration of the lease has been mailed to the lessee by registered or certified mail with return receipt requested, mailed to the last known address of the lessee, shall be guilty of a gross misdemeanor; provided, that there shall be no prosecution under this section unless such lease is in writing, and contains a warning that failure to promptly return the leased property may result in a criminal prosecution, and the notice mailed pursuant to the provisions of this section shall clearly state that the lessee may be guilty of a crime upon his failure to return the property to the lessor within seventy-two hours.
In any prosecution under this section, any allegation containing a description of the lease by reference to the date thereof and names of the parties shall be sufficiently definite and certain.
The provisions of this section shall be cumulative and nonexclusive and shall not affect any other criminal provision. (RCW 9.45.062)
[Ord. C32021 § 13; Passed: 11/10/1997]
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