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Chapter 10.11
Offenses Against the PersonSections:
10.11.010 Assault.
10.11.020 Reckless Endangerment.
10.11.030 Coercion.
10.11.042 Carrying Firearms.
10.11.043 Possessing Dangerous Weapons on School Facilities – Penalty – Exceptions.
10.11.044 Aiming or Discharging Firearms, Dangerous Weapons.
10.11.045 Possession of Pistol by Person from Eighteen to Twenty-One.
10.11.046 Dangerous Weapons – Penalty.
10.11.048 Weapons Apparently Capable of Producing Bodily Harm – Unlawful Carrying or Handling – Penalty – Exceptions.
10.11.050 Discharge of Firearms.
10.11.060 Stalking.
10.11.070 Harassment.
10.11.072 Harassment – Definitions.
10.11.074 Anti-Harassment Order – Criminal Penalty.
10.11.076 Telephone Harassment.
10.11.077 Telephone Harassment – Permitting Telephone to be Used.
10.11.078 Telephone Harassment – Offense, Where Deemed Committed.
10.11.079 Crimes Included in Harassment.
10.11.080 Custodial Interference.
10.11.090 Unlawful Harboring of a Minor.
10.11.100 Abandonment of a Dependent Person in the Third Degree.
10.11.105 Abandonment of a Dependent Person – Defense.
10.11.110 False Advertising.
10.11.200 Leaving a Child in the Care of a Sex Offender.
10.11.010 Assault.
A. No person may willfully use or threaten to use by purposeful words or acts unlawful physical force against the person of another.
B. The penalty for violation of this section is 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: RCW 9A.36.040.
10.11.020 Reckless Endangerment.
A. A person is guilty of city reckless endangerment when he recklessly engages in conduct not amounting to felony reckless endangerment under RCW 9A.36.045 but which creates a substantial risk of death or serious physical injury to another person.
B. City reckless endangerment is a gross misdemeanor.
[Ord. C31742; Passed: 9/30/1996]
Cross Reference: RCW 9A.36.050.
10.11.030 Coercion.
A. A person is guilty of coercion if by use of a threat he compels or induces a person to engage in conduct which the latter has a legal right to abstain from, or to abstain from conduct which he has a legal right to engage in.
B. “Threat” as used in this section means:
1. To communicate, directly or indirectly, the intent immediately to use force against any person who is present at the time; or
2. Threats as defined in RCW 9A.04.110(25)(a), (b), or (c).
C. Coercion is a gross misdemeanor.
[Ord. C31742; Passed: 9/30/1996]
Cross Reference: RCW 9A.36.070.
10.11.042 Carrying Firearms.
A. Except in the person’s place of abode or fixed place of business, a person shall not carry a pistol concealed on his or her person without a license to carry a concealed pistol.
1. Every licensee shall have his or her concealed pistol license in his or her immediate possession at all times that he or she is required by this section or RCW 9.41.050 to have a concealed pistol license and shall display the same upon demand to any police officer or to any other person when and if required by law to do so. Any violation of this subsection (A)(1) shall be a class 1 civil infraction under SMC 1.05.210 and shall be punished accordingly pursuant to SMC chapter 1.05 and the infraction rules for courts of limited jurisdiction.
B. A person shall not carry or place a loaded pistol in any vehicle unless the person has a license to carry a concealed pistol and:
1. The pistol is on the licensee’s person,
2. The licensee is within the vehicle at all times that the pistol is there, or
3. The licensee is away from the vehicle and the pistol is locked within the vehicle and concealed from view from outside the vehicle.
C. A person at least eighteen years of age who is in possession of an unloaded pistol shall not leave the unloaded pistol in a vehicle unless the unloaded pistol is locked within the vehicle and concealed from view from outside the vehicle.
D. Violation of any of the prohibitions of subsections (B) and (C) of this section is a misdemeanor.
E. Nothing in this section permits the possession of firearms illegal to possess under state or federal law.
F. The provisions of this section do not apply to:
1. marshals, sheriffs, prison of jail wardens or their deputies, or other law enforcement officers of this state or another state;
2. members of the armed forces of the United States or of the national guard or organized reserves, when on duty;
3. officers or employees of the United States duly authorized to carry a concealed pistol;
4. any person engaged in the business of manufacturing, repairing, or dealing in firearms, or the agent or representative of the person, if possessing, using, or carrying a pistol in the usual or ordinary course of the business;
5. regularly enrolled members of any organization duly authorized to purchase or receive pistols from the United States or from this state;
6. regularly enrolled members of clubs organized for the purpose of target shooting, when those members are at or are going to or from their places of target practice;
7. regularly enrolled members of clubs organized for the purpose of modern and antique firearm collecting, when those members are at or are going to or from their collector’s gun shows and exhibits;
8. any person engaging in a lawful outdoor recreational activity such as hunting, fishing, camping, hiking, or horseback riding, only if, considering all of the attendant circumstances, including but not limited to whether the person has a valid hunting or fishing license, it is reasonable to conclude that the person is participating in lawful outdoor activities or is traveling to or from a legitimate outdoor recreation area;
9. any person while carrying a pistol unloaded and in a closed opaque case or secure wrapper; or
10. law enforcement officers retired for service or physical disabilities, except for those law enforcement officers retired because of mental or stress-related disabilities. This subsection applies only to a retired officer who has:
a. obtained documentation from a law enforcement agency within Washington State from which he or she retired that is signed by the agency’s chief law enforcement officer and that states that the retired officer was retired for service or physical disability; and
b. not been convicted of a crime making him or her ineligible for a concealed pistol license.
[Ord. C32197; Passed: 6/15/1998]
Cross Reference: RCW 9.41.050, 9.41.060; ch. 253, Laws of 1998.
10.11.043 Possessing Dangerous Weapons on School Facilities – Penalty – Exceptions.
A. It is unlawful for a person to carry onto, or to possess on, public or private elementary or secondary school premises, school-provided transportation, or areas of facilities while being used exclusively by public or private schools:
1. any firearm;
2. any other dangerous weapon as defined in RCW 9.41.250;
3. any device commonly known as “nun-chu-ka sticks,” consisting of two or more lengths of wood, metal, plastic, or similar substance connected with wire, rope, or other means;
4. any device, commonly known as “throwing stars,” which are multipointed, metal objects designed to embed upon impact from any aspect; or
5. any air gun, including any air pistol or air rifle, designed to propel a BB, pellet, or other projectile by the discharge of compressed air, carbon dioxide, or other gas.
B. Any such person violating subsection (A) of this section is guilty of a gross misdemeanor. If any person is convicted of a violation of subsection (A)(1) of this section, the person shall have his or her concealed pistol license, if any revoked for a period of three years. Anyone convicted under this subsection is prohibited from applying for a concealed pistol license for a period of three years. The court shall send notice of the revocation to the department of licensing, and the city, town, or county which issued the license. Any violation of subsection (A) of this section by elementary or secondary school students constitutes grounds for expulsion from the state’s public schools in accordance with RCW 28A.600.010. An appropriate school authority shall promptly notify law enforcement and the student’s parent or guardian regarding any allegation or indication of such violation. Upon the arrest of a person at least twelve years of age and not more than twenty-one years of age for violating subsection (A)(1) of this section, the person shall be detained or confined in a juvenile or adult facility for up to seventy-two hours. The person shall not be released within the seventy-two hours until after the person has been examined and evaluated by the county-designated mental health professional unless the court in its discretion releases the person sooner after a determination regarding probable cause or on probation bond or bail. Within twenty-four hours of the arrest, the arresting law enforcement agency shall refer the person to the county-designated mental health professional for examination and evaluation under RCW chapter 71.05 or 71.34 and inform a parent or guardian of the person of the arrest, detention, and examination. The county-designated mental health professional shall examine and evaluate the person subject to the provisions of RCW chapter 71.05 or 71.34. The examination shall occur at the facility in which the person is detained or confined. If the person has been released on probation, bond, or bail, the examination shall occur wherever is appropriate. The county-designated mental health professional may determine whether to refer the person to the county-designated chemical dependency specialist for examination and evaluation in accordance with RCW chapter 70.96A. The county-designated chemical dependency specialist shall examine the person subject to the provisions of RCW chapter 70.96A. The examination shall occur at the facility in which the person is detained or confined. If the person has been released on probation, bond, or bail, the examination shall occur wherever is appropriate. Upon completion of any examination by the county-designated mental health professional or the county-designated chemical dependency specialist, the results of the examination shall be sent to the court, and the court shall consider those results in making any determination about the person. The county-designated mental health professional and county-designated chemical dependency specialist shall, to the extent permitted by law, notify a parent or guardian of the person that an examination and evaluation has taken place and the results of the examination. Nothing in this subsection prohibits the delivery of additional, appropriate mental health examinations to the person while the person is detained or confined. If the county-designated mental health professional determines it is appropriate, the county-designated mental health professional may refer the person to the local regional support network for follow-up services or the department of social and health services or other community providers for other services to the family and individual.
C. Subsection (A) of this section does not apply to:
1. Any student or employee of a private military academy when on the property of the academy;
2. Any person engaged in military, law enforcement, or school district security activities;
3. Any person who is involved in a convention, showing, demonstration, lecture, or firearms safety course authorized by school authorities in which the firearms of collectors or instructors are handled or displayed;
4. Any person while the person is participating in a firearms or air gun competition approved by the school or school district;
5. Any person in possession of a pistol who has been issued a license under RCW 9.41.070, or is exempt from the licensing requirement by RCW 9.41.060, while picking up or dropping off a student;
6. Any nonstudent at least eighteen years of age legally in possession of a firearm or dangerous weapon that is secured within an attended vehicle or concealed from view within a locked unattended vehicle while conducting legitimate business at the school;
7. Any nonstudent at least eighteen years of age who is in lawful possession of an unloaded firearm, secured in a vehicle while conducting legitimate business at the school; or
8. Any law enforcement officer of the federal, state, or local government agency.
D. Subsections (A)(3) and (A)(4) of this section do not apply to any person who possesses nun-chu-ka sticks, throwing stars, or other dangerous weapons to be used in martial arts classes authorized to be conducted on the school premises.
E. Except as provided in subsections (C)(2), (C)(3), (C)(4), and (C)(8) of this section, firearms are not permitted in a public or private school building.
F. “GUN-FREE ZONE” signs shall be posted around school facilities giving warning of the prohibition of the possession of firearms on school grounds.
[Ord. C32488 § 18; Passed: 9/13/1999]
Cross Reference: RCW 9.41.280.
10.11.044 Aiming or Discharging Firearms, Dangerous Weapons.
A. For conduct not amounting to a violation of RCW chapter 9A.36, any person who:
1. aims any firearm, whether loaded or not, at or towards any human being;
2. willfully discharges any firearm, air gun, or other weapon, or throws any deadly missile in a public place, or in any place where any person might be endangered thereby. A public place shall not include any location at which firearms are authorized to be lawfully discharged; or
3. except as provided in RCW 9.41.185, sets a so-called trap, spring pistol, rifle, or other dangerous weapon, although no injury results, is guilty of a gross misdemeanor punishable under RCW chapter 9A.20.
B. If an injury results from a violation of subsection (A) of this section, the person violating subsection (A) of this section shall be subject to the applicable provisions of RCW chapters 9A.32 and 9A.36.
[Ord. C31792; Passed: 12/2/1996]
Cross Reference: RCW 9.41.230.
10.11.045 Possession of Pistol by Person from Eighteen to Twenty-One.
Unless an exception under RCW 9.41.042, 9.41.050, or 9.41.060, or the equivalent provisions of this title, applies, a person at least eighteen years of age, but less than twenty-one years of age, may possess a pistol only:
A. in the person’s place of abode;
B. at the person’s fixed place of business; or
C. on real property under his or her control. (RCW 9.41.240)
[Ord. C32021 § 40; Passed: 11/10/1997]
10.11.046 Dangerous Weapons – Penalty.
Every person who:
A. Manufactures, sells, or disposes of or possesses any instrument or weapon of the kind usually known as slungshot, sand club, or metal knuckles, or spring blade knife, or any knife the blade of which is automatically released by a spring mechanism or other mechanical device, or any knife having a blade which opens, or falls, or is ejected into position by the force of gravity, or by an outward, downward, or centrifugal thrust or movement;
B. Furtively carries with intent to conceal any dagger, dirk, pistol, or other dangerous weapon; or
C. Uses any contrivance or device for suppressing the noise of any firearm, is guilty of a gross misdemeanor punishable under RCW chapter 9A.20.
[Ord. C31792; Passed: 12/2/1996]
Cross Reference: RCW 9.41.250.
10.11.048 Weapons Apparently Capable of Producing Bodily Harm – Unlawful Carrying or Handling – Penalty – Exceptions.
A. It shall be unlawful for any person to carry, exhibit, display, or draw any firearm, dagger, sword, knife or other cutting or stabbing instrument, club, or any other weapon apparently capable of producing bodily harm, in a manner, under circumstances, and at a time and place that either manifests an intent to intimidate another or that warrants alarm for the safety of other persons.
B. Any person violating the provisions of subsection (A) of this section shall be guilty of a gross misdemeanor. If any person is convicted of a violation of subsection (A) of this section, the person shall lose his or her concealed pistol license, if any. The court shall send notice of the revocation to the department of licensing, and the city, town, or county which issued the license.
C. Subsection (A) of this section shall not apply to or affect the following:
1. any act committed by a person while in his or her place of abode or fixed place of business;
2. any person who by virtue of his or her office or public employment is vested by law with a duty to preserve public safety, maintain public order, or to make arrests for offenses, while in the performance of such duty;
3. any person acting for the purpose of protecting himself or herself against the use of presently threatened unlawful force by another, or for the purpose of protecting another against the use of such unlawful force by a third person;
4. any person making or assisting in making a lawful arrest for the commission of a felony; or
5. any person engaged in military activities sponsored by the federal or state governments.
[Ord. C31792; Passed: 12/2/1996]
Cross Reference: RCW 9.41.270.
10.11.050 Discharge of Firearms.
A. No person may willfully, recklessly, or negligently discharge any firearm within the city.
B. Subsection (A) of this section does not apply to peace officers engaged in official functions, to other persons assisting peace officers at their direction in the apprehension of felony suspects, or to persons reasonably using a firearm in the protection of persons or property against unlawful force.
C. A violation of this section is a gross misdemeanor.
[Ord. C32488 § 19; Passed: 9/13/1999]
10.11.060 Stalking.
A. A person commits the crime of stalking if, without lawful authority and under circumstances not amounting to a felony attempt of another crime:
1. He or she intentionally and repeatedly harasses or repeatedly follows another person; and
2. The person being harassed or followed is placed in fear that the stalker intends to injure the person, another person, or property of the person or of another person. The feeling of fear must be one that a reasonable person in the same situation would experience under all the circumstances; and
3. The stalker either:
a. intends to frighten, intimidate, or harass the person; or
b. knows or reasonably should know that the person is afraid, intimidated, or harassed even if the stalker did not intend to place the person in fear or intimidate or harass the person.
B. It is not a defense to the crime of stalking under subsection (A)(3)(a) of this section that the stalker was not given actual notice that the person did not want the stalker to contact or follow the person; and
1. It is not a defense to the crime of stalking under subsection (A)(3)(b) of this section that the stalker did not intend to frighten, intimidate, or harass the person.
C. It shall be a defense to the crime of stalking that the defendant is a licensed private investigator acting within the capacity of his or her license as provided by RCW chapter 18.165.
D. Attempts to contact or follow the person after being given actual notice that the person does not want to be contacted or followed constitutes prima facie evidence that the stalker intends to intimidate or harass the person. “Contact” includes, in addition to any other form of contact or communication, the sending of an electronic communication to the person.
E. A person who stalks another person is guilty of a gross misdemeanor except that the person is guilty of a class C felony if any of the following applies:
1. The stalker has previously been convicted in this state or any other state of any crime of harassment, as defined in RCW 9A.46.060, of the same victim or members of the victim’s family or household or any person specifically named in a protective order;
2. The stalking violates any protective order protecting the person being stalked;
3. The stalker has previously been convicted of a gross misdemeanor or felony stalking offense under this section for stalking another person;
4. The stalker was armed with a deadly weapon, as defined in RCW 9.94A.125, while stalking the person;
5. The stalker’s victim is or was a law enforcement officer, judge, juror, attorney, victim advocate, legislator, or community correction’s officer, and the stalker stalked the victim to retaliate against the victim for an act the victim performed during the course of official duties or to influence the victim’s performance of official duties; or
6. The stalker’s victim is a current, former, or prospective witness in an adjudicative proceeding, and the stalker stalked the victim to retaliate against the victim as a result of the victim’s testimony or potential testimony.
F. As used in this section:
1. “Follows” means deliberately maintaining visual or physical proximity to a specific person over a period of time. A finding that the alleged stalker repeatedly and deliberately appears at the person’s home, school, place of employment, business, or any other location to maintain visual or physical proximity to the person is sufficient to find that the alleged stalker follows the person. It is not necessary to establish that the alleged stalker follows the person while in transit from one location to another.
2. “Harasses” means unlawful harassment as defined in RCW 10.14.020.
3. “Protective order” means any temporary or permanent court order prohibiting or limiting violence against, harassment of, contact or communication with, or physical proximity to another person.
4. “Repeatedly” means on two or more separate occasions.
[Ord. C32488 § 3; Passed: 9/13/1999]
Cross Reference: 9A.46.110.
10.11.070 Harassment.
A. A person is guilty of harassment if:
1. without lawful authority, the person knowingly threatens:
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. maliciously to do any other act which is intended to substantially harm the person threatened or another with respect to his or her physical or mental health or safety; and
2. the person by words or conduct places the person threatened in reasonable fear that the threat will be carried out. “Words or conduct” includes, in addition to any other form of communication or conduct, the sending of an electronic communication.
B. A person who harasses another is guilty of a gross misdemeanor punishable under RCW chapter 9A.20, except that the person is guilty of a class C felony if either of the following applies:
1. The person has previously been convicted in this or any other state of any crime of harassment, as defined in RCW 9A.46.060 or SMC 10.11.072, of the same victim or members of the victim’s family or household or any person specifically named in a no-contact or no-harassment order; or
2. The person harasses another person under subsection (A)(1)(a) of this section by threatening to kill the person threatened or any other person.
C. The penalties provided in this section for harassment do not preclude the victim from seeking any other remedy otherwise available under law.
[Ord. C32488 § 4; Passed: 9/13/1999]
Cross Reference: RCW 9A.46.020.
10.11.072 Harassment – Definitions.
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
A. “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.
B. “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. C32488 § 5; Passed: 9/13/1999]
10.11.074 Anti-Harassment Order – Criminal Penalty.
Any respondent who willfully disobeys any civil antiharassment protection order issued pursuant to RCW chapter 10.14 shall be guilty of a gross misdemeanor. (RCW 10.14.170)
[Ord. C32021 § 42; Passed: 11/10/1997]
10.11.076 Telephone Harassment.
Every person who, with intent to harass, intimidate, torment or embarrass any other person, shall make a telephone call to such other person:
A. Using any lewd, lascivious, profane, indecent, or obscene words or language, or suggesting the commission of any lewd or lascivious act; or
B. Anonymously or repeatedly or at an extremely inconvenient hour, whether or not conversation ensues; or
C. Threatening to inflict injury on the person or property of the person called or any member of his or her family or household; shall be guilty of a gross misdemeanor, except that the person is guilty of a class C felony if either of the following applies:
1. That person has previously been convicted of any crime of harassment, as defined in RCW 9A.46.060, with the same victim or member of the victims family or household or any person specifically named in a no-contact or no-harassment order in this or any other state; or
2. That person harasses another person under subsection (C) of this section by threatening to kill the person threatened or any other person. (RCW 9.61.230)
[Ord. C32021 § 43; Passed: 11/10/1997]
10.11.077 Telephone Harassment – Permitting Telephone to be Used.
Any person who knowingly permits any telephone under his control to be used for any purpose prohibited by RCW 9.61.230 shall be guilty of a misdemeanor. (RCW 9.61.240)
[Ord. C32021 § 44; Passed: 11/10/1997]
10.11.078 Telephone Harassment – Offense, Where Deemed Committed.
Any offense committed by use of a telephone as set forth in RCW 9.61.230, or SMC 10.11.076, may be deemed to have been committed either at the place from which the telephone call or calls were made or at the place where the telephone call or calls were received. (RCW 9.61.250)
[Ord. C32021 § 45; Passed: 11/10/1997]
10.11.079 Crimes Included in Harassment.
As used in this chapter, “harassment” may include but is not limited to any of the following crimes:
A. Harassment (RCW 9A.46.020);
B. Malicious harassment (RCW 9A.36.080);
C. Telephone harassment (RCW 9.61.230);
D. Assault in the first degree (RCW 9A.36.011);
E. Assault of a child in the first degree (RCW 9A.36.120);
F. Assault in the second degree (RCW 9A.36.021);
G. Assault of a child in the second degree (RCW 9A.36.130);
H. Assault in the fourth degree (RCW 9A.36.041);
I. Reckless endangerment (RCW 9A.36.050);
J. Extortion in the first degree (RCW 9A.56.120);
K. Extortion in the second degree (RCW 9A.56.130);
L. Coercion (RCW 9A.36.070);
M. Burglary in the first degree (RCW 9A.52.020);
N. Burglary in the second degree (RCW 9A.52.030);
O. Criminal trespass in the first degree (RCW 9A.52.070);
P. Criminal trespass in the second degree (RCW 9A.52.080);
Q. Malicious mischief in the first degree (RCW 9A.48.070);
R. Malicious mischief in the second degree (RCW 9A.48.080);
S. Malicious mischief in the third degree (RCW 9A.48.090);
T. Kidnapping in the first degree (RCW 9A.40.020);
U. Kidnapping in the second degree (RCW 9A.40.030);
V. Unlawful imprisonment (RCW 9A.40.040);
W. Rape in the first degree (RCW 9A.44.040);
X. Rape in the second degree (RCW 9A.44.050);
Y. Rape in the third degree (RCW 9A.44.060);
Z. Indecent liberties (RCW 9A.44.100);
AA. Rape of a child in the first degree (RCW 9A.44.073);
AB. Rape of a child in the second degree (RCW 9A.44.076);
AC. Rape of a child in the third degree (RCW 9A.44.079);
AD. Child molestation in the first degree (RCW 9A.44.083);
AE. Child molestation in the second degree (RCW 9A.44.086);
AF. Child molestation in the third degree (RCW 9A.44.089);
AG. Stalking (RCW 9A.46.110);
AH. Residential burglary (RCW 9A.52.025);
AI. Violation of a temporary or permanent protective order issued pursuant to RCW chapter 9A.46, 10.14, 10.99, 26.09, or 26.50;
AJ. Unlawful discharge of a laser in the first degree (RCW 9A.49.020); and
AK. Unlawful discharge of a laser in the second degree (RCW 9A.49.030).
[Ord. C32488 § 6; Passed: 9/13/1999]
10.11.080 Custodial Interference.
A. A relative of a person is guilty of custodial interference in the second degree if, with the intent to deny access to such person by a parent, guardian, institution, agency, or other person having a lawful right to physical custody of such person, the relative takes, entices, retains, detains, or conceals the person from a parent, guardian, institution, agency, or other person having a lawful right to physical custody of such person. This subsection shall not apply to a parent’s noncompliance with a court-ordered parenting plan.
B. A parent of a child is guilty of custodial interference in the second degree if:
1. The parent takes, entices, retains, detains, or conceals the child, with the intent to deny access, from the other parent having the lawful right to time with the child pursuant to a court-ordered parenting plan; or
2. The parent has not complied with the residential provisions of a court-ordered parenting plan after a finding of contempt under RCW 26.09.160(3); or
3. The court finds that the parent has engaged in a pattern of willful violations of the court-ordered residential provisions.
C. Nothing in subsection (B)(2) of this section prohibits conviction of custodial interference in the second degree under subsections (B)(1) or (B)(3) of this section in absence of findings of contempt.
D. The first conviction of custodial interference in the second degree is a gross misdemeanor. The second or subsequent conviction of custodial interference in the second degree is a class C felony. (RCW 9A.40.070)
[Ord. C32021 § 46; Passed: 11/10/1997]
10.11.090 Unlawful Harboring of a Minor.
A. A person commits the crime of unlawful harboring of a minor if the person provides shelter to a minor without the consent of a parent of the minor and after the person knows that the minor is away from the home of the parent, without the parents permission, and if the person intentionally:
1. fails to release the minor to a law enforcement officer after being requested to do so by the officer; or
2. fails to disclose the location of the minor to a law enforcement officer after being requested to do so by the officer, if the person knows the location of the minor and had either taken the minor to that location or had assisted the minor in reaching that location; or
3. obstructs a law enforcement officer from taking the minor into custody; or
4. assists the minor in avoiding or attempting to avoid the custody of the law enforcement officer.
B. It is a defense to a prosecution under this section that the defendant had custody of the minor pursuant to a court order.
C. Harboring a minor is punishable as a gross misdemeanor.
D. Any person who provides shelter to a child, absent from home, may notify the departments local community service office of the child’s presence.
E. An adult responsible for involving a child in the commission of an offense may be prosecuted under existing criminal statutes including, but not limited to:
1. distribution of a controlled substance to a minor, as defined in RCW 69.50.406;
2. promoting prostitution as defined in RCW chapter 9A.88; and
3. complicity of the adult in the crime of a minor, under RCW 9A.08.020. (RCW 13.32A.080)
[Ord. C32021 § 47; Passed: 11/10/1997]
10.11.100 Abandonment of a Dependent Person in the Third Degree.
A. A person is guilty of the crime of abandonment of a dependent person in the third degree if:
1. The person is the parent of a child, a person entrusted with the physical custody of a child or other dependent person, or a person employed to provide to the child or dependent person any of the basic necessities of life; and
2. The person recklessly abandons the child or other dependent person; and:
a. As a result of being abandoned, the child or other dependent person suffers bodily harm; or
b. Abandoning the child or other dependent person creates an imminent and substantial risk that the child or other person will suffer substantial bodily harm.
B. Abandonment of a dependent person in the third degree is a gross misdemeanor.
C. “Dependent person” means a person who, because of physical or mental disability, or because of extreme advanced age, is dependent upon another person to provide the basic necessities of life. (RCW 9A.42.010, 9A.42.080)
[Ord. C32021 § 48; Passed: 11/10/1997]
10.11.105 Abandonment of a Dependent Person – Defense.
It is an affirmative defense to the charge of abandonment of a dependent person, that the person employed to provide any of the basic necessities of life to the child or other dependent person, gave reasonable notice of termination of services and the services were not terminated until after the termination date specified in the notice. The notice must be given to the child or dependent person, and to other persons or organizations that have requested notice of termination of services furnished to the child or other dependent person. (RCW 9A.42.090)
[Ord. C32021 § 49; Passed: 11/10/1997]
10.11.110 False Advertising.
It shall be unlawful for any person to publish, disseminate or display, or cause directly or indirectly, to be published, disseminated or displayed in any manner or by any means, including solicitation or dissemination by mail, telephone, electronic communication, or door-to-door contacts, any false, deceptive or misleading advertising, with knowledge of the facts which render the advertising false, deceptive or misleading, for any business, trade or commercial purpose or for the purpose of inducing, or which is likely to induce, directly or indirectly, the public to purchase, consume, lease, dispose of, utilize or sell any property or service, or to enter into any obligation or transaction relating thereto; provided, that nothing in this section shall apply to any radio or television broadcasting station which broadcasts, or to any publisher, printer or distributor of any newspaper, magazine, billboard or other advertising medium who publishes, prints or distributes, such advertising in good faith without knowledge of its false, deceptive or misleading character.
[Ord. C32706; Passed: 9/5/2000]
10.11.200 Leaving a Child in the Care of a Sex Offender.
A. A person is guilty of the crime of leaving a child in the care of a sex offender if the person is:
1. the parent of a child;
2. entrusted with the physical custody of a child; or
3. employed to provide to the child the basic necessities of life,
and leaves the child in the care or custody of another person who is not a parent, guardian, or lawful custodian of the child, knowing that the person is registered or required to register as a sex offender under the laws of this state, or a law or ordinance in another jurisdiction with similar requirements, because of a sex offense against a child.
B. It is an affirmative defense to the charge of leaving a child in the care of a sex offender under this section, that the defendant must prove by a preponderance of the evidence, that a court has entered an order allowing the offender to have unsupervised contact with children, or that the offender is allowed to have unsupervised contact with the child in question under a family reunification plan, which has been approved by a court, the department of corrections, or the department of social and health services in accordance with department policies.
C. Leaving a child in the care of a sex offender is a misdemeanor.
[Ord. C33036 § 1; Passed: 6/10/2002]
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