The URL can be used to link to this page

Home My WebLink AboutORD 3156 CITY OF RENTON, WASHINGTON i� 0)0 Ir/� Cx ORDI-NANCE NO. 3156 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, ADOPTING AND ESTABLISHING BY REFERENCE CERTAIN SECTIONS OF TITLE 9A WASHINGTON CRIMINAL CODE; REPEALING ANY .AND ALL ORDINANCES OR PARTS OF . ORDINANCES IN CONFLICT HEREWITH . WHEREAS not less than three (3) printed copies '. in book form of "TITLE 9 A WASHINGTON CRIMINAL CODE AND TITLE 9 CRIMES AND PUNISHMENTS"have heretofore been filed and are now on file in the office of the City Clerk of the City of Renton for use and examination by the general public, and WHEREAS it is deemed advisable and in the public interest to adopt certain portions of said Code as hereinabove described, by reference, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON DO ORDAIN AS FOLLOWS SECTION- 1 : The following sections of "TITLE 9A WASHINGTON CRIMINAL CODE AND TITLE 9 CRIMES AND PUNISHMENTS " j, of which not less than three (3) printed copies in book form have heretofore been filed and are now on file in the office of the City Clerk and made available for examination 'f,' by. the general public, are hereby adopted as part of Chapter VI (Police Regulations) of Ordinance No. 1628 entitled "Code of General Ordinances of the City of Renton" to-wit: A. 9A.36 .040, 9A.36 .050 , 9A.36 .070 B. 9A.48 . 010 , 9A.48 .050 and 9A.48 .060 , 9A. 48. 090 and 9A,48. 100 C. 9A. 52. 010, 9A.52. 060 , 9A.52 .070 , 9A.52.080 , 9A.52 . 090 and 9A,52.100 D. 9A.56 . 010 , 9A. 56. 020 , 9A.56 .050 , 9A.56 .060 , "'9A.56. 090 , 9A.56 .100 , 9A.56 . 140 , 9A.56 .170 and 9A.56 .180 E. 9A. 60. 010 , 9A.60 . 040 and 9A.60.050 F. 9A.72. 010 , 9A.72 .040 , 9A.72 .050 , 9A.72 .060 , 9A.72 .070 , j f - 9A.72 .080, 9A.72. 140 and 9A.72 .150 G. 9A.76 .010 , 9A.76. 020 , 9A.76.030 , 9A.76. 040 , 9A. 76 . 050 , 9A.76.060, 9A.76. 070, 9A.76 . 080, 9A.76 .090 , 9A.76 . 100 , 9A.76 . 130 , 9A. 76 .160 , 9A.76 .170 and 9A. 76 .180 i . H. 9A.80 .010 , 9A.84 . 010, 9A. 84 .020 , 9A. 84:0.30+ ,and•:,9A'. 84 . 040 9A. 88. 020 I. 9A.88. 010 ,E 9A. 88. 030, 9A. 88 .050 , 9A. 88',,,060,'•and`.'9A. 88 . 090 J. 9 . 01. 055, 9 .03 .010, 9 . 03. 020 , 9 .08 .010 , 9 .08 .•060 , 9 .40 . 100, 9 .41.050 , 9.41.230 , 9 .41. 270 , 9 . 45. 040 , 9 .45 .062 , 9 . 47A. 010 9 .47A.020 , 9 .47A. 030 , 9 .47A.040, 9 .47A.050 , 9 . 61. 160 , 9 .61. 170 , 9 .61. 180 , 9 .61.230, 9 .61. 240 , 9 .61. 250 , 9 .66 .010, 9 .66 .020 , 9 .66 . 030 ,1 and 9 . 66 . 050 SECTION II : Any and all amendments , additions or modi- fications to said Code, relating to the above sections , when printed and filed with the City Clerk of the City of Renton by authorization of the City Council from time to time, shall be considered and accepted and constitute a part of such Code without the necessity of further adoption of such amendments , modifications or additions by the legislative authority of the City of Renton or by Ordinance. SECTION III : The City Clerk is hereby authorized r Y and directed to duly authenticate and record a copy • of the , abovementioned together with any amendements or additions .; };: thereto, together with an authenticated copy of this Ordinance. SECTION IV: If any part or provision of said Code be in conflict with any other Code heretofore or hereafter adopted by the City of Renton, then in any such event, the more restrictive provision shall be applicable and control . SECTION V: Any and. all. Ordinances or parts of Ordinances in conflict herewith are hereby repealed, including Section 6-114 of Title VI (Police Regulations) of Ordinance No. 1628 entitlec? "Code of General Ordinances of the .City.,'of._ Renton."" 3 Ij t t1 j {1` 1 SECTION VI : This Ordinance shall be effective upon its passage, approval and five days after its publication. PASSED BY THE CITY COUNCIL this 26th day of September, 1977 . J Delores A. Mead, C y Clerk APPROVED BY THE MAYOR this 26th day of September, 1977 . Charles Delaurenti , Mayor Approved as to form: A?,4�g:4 -, erard M. Shellan, City Attorney Date of Publication: 9-30-77 j a ~ ' e 41 F � AC f «p dy ��- �Q �L G ice' -V V � ► / V J M V S7 V O' PP e f J r b nanc� 3150 9 a � - 77 y WASHINGTON STATE CRIMINAL JUSTICE TRAINING COMMISSION REVISED CRIMINAL CODE TRAINING AND SEMINAR MANUAL All rights reserved. Permission to reproduce the contents of this manual , but not for profit, is hereby granted to governmental , educational and law enforcement agencies . However, reproduction of- any part of this manual for commercial purposes without express permission of the Washington State Criminal Justice Training Commission is strictly prohibited. The preparation of this document was aided in part by a grant from the U . S . .Department of Justice, Law Enforcement Assistance Administration, and the Washington State Law and Justice Planning Office through the Washington State Criminal Justice Training Commission. I L FORWARD This manual -has been designed to facilitate an analysis of every section of law contained in Title 9A RCW. The manual consists of twenty-two chapters . Each chapter of Title 9A RCW is examined consecutively by sections . The Introduction and the first five chapters , 9A.04 RCW - 9A.20 RCW, are supplemented with charts to show: where criminal law in Washington State is located in Title 9 RCW and Title 9A RCW; the classification and penalty for each crime; and the origin of each new section of law. These • five chapters are general in nature, containing no specific crimes . There are 16 chapters containing criminal statutes - 9A.28 RCW through 9A. 88 RCW (chapter 9 .79 RCW --rape- is also analyzed) . In analyzing these specific crimes , a brief overview of the following is included: The Statute (9A) ; Elements of the Offense; and a Cross-Reference , definitional and statutory , of similar statutes and language. Chapter 9A.92-Repealers , is presented to show which laws have been repealed and further; which new statute, if any , replaces the repealed section. Forward • SUMMARY OF,CONTENTS FORWARD 1 INTRODUCTION 1-10 TABLES : TABLE ONE - Portions of Title 9 RCW not repealed by Title 9A RCW - - - - Introduction - 10 TABLE TWO - Criminal Offenses - Title 9A RCW Organized by Classification of Crime Introduction - 10 TABLE THREE - Definitions From RCW 9 .01.010 Carry over/Comparison - 9A.04 .110 - 7 TABLE POUR - Defenses - Primary Source Reference 9A.16 - 2 TABLE FIVE - Defenses - Correlation to Proposals 9A.16 - 3 • TABLE SIX - New Criminal Code Sentences 9A.20 .010 - . 3 CHAPTER 9A.04 through 9A.92 CHAPTER 9 . 79 RAPE INDEX TABLE OF CONTENTS (Analyzed Chapters) CHAPTER 9A.04 . RCW PRELIMINARY ARTICLE Pg• 1 STATUTE: 9A.04.010 TITLE, EFFECTIVE DATE , APPLICATION, SEVERABILITY, CAPTIONS 9A.04 .020 PURPOSE-PRINCIPLES OF CONSTRUCTION 9A.04 .030 STATE CRIMINAL JURISDICTION 9A.04 .040 CLASSES OF CRIMES 9A.04 .050 PEOPLE CAPABLE OF COMMITTING CRIMES i 9A. 04 .060 COMMON LAW TO SUPPLEMENT STATUTE 9A.04.070 WHO AMENABLE TO CRIMINAL STATUTES 9A. 04 . 080 LIMITATION OF ACTIONS 9A.04 . 090 APPLICATION OF GENERAL PROVISIONS OF THE CODE 9A.04 .100 PROOF BEYOND A REASONABLE DOUBT 9A. 04 . 110 DEFINITIONS CHAPTER 9A.08 RCW Pg. 9 PRINCIPLES OF LIABILITY STATUTE : 9A.08.010 GENERAL REQUIREMENTS OF CULPABILITY 9A.08.020 LIABILITY FOR CONDUCT OF ANOTHER-- COMPLICITY 9A. 08. 030 CRIMINAL LIABILITY OF CORPORATIONS • AND PERSONS ACTING UNDER A DUTY TO ACT IN THEIR BEHALF CHAPTER 9A.12 RCW Pg. 13 INSANITY STATUTE: 9A. 12.010 INSANITY CHAPTER 9A. 16 RCW Pg. 15 DEFENSES STATUTE : 9A.16 .010 DEFINITIONS 9A. 16 .020 USE OF FORCE - WHEN LAWFUL 9A. 16 .030 HOMICIDE - WHEN EXCUSABLE • �� i 9A. 16 .040 JUSTIFIABLE HOMICIDE BY PUBLIC OFFICER 9A. 16 . 050 HOMICIDE - BY OTHER PERSON- WHEN JUSTIFIABLE 9A. 16 .060 DURESS 9A.16 . 070 ENTRAPMENT 9A.16 .080 ACTION FOR BEING DETAINED ON MERCANTILE ESTABLISHMENT PREMISES FOR INVESTIGATION-- "RE'ASONABLE GROUNDS" AS DEFENSE 9A. 16.090 INTOXICATION CHAPTER 9A. 20 RCW Pg. 20 CLASSIFICATION OF CRIMES ( . S'T'A'T'UTE: 9A. 20 .010 CLASSIFICATION AND DESIGNATION OF CRIMES 9A. 20 .020 AUTHORIZED SENTENCES OF .OFFENDERS 9A. 20 .030 ALTERNATIVE TO A FINE - RESTITUTION 9A. 20 .040 PROSECUTIONS RELATED TO FELONIES DEFINED OUTSIDE `T'ITLE 9A RCW CHAPTER 9A. 28 RCW Pg• 29 ANTICIPATORY OFFENCES STATUTE' 9A. 28.010 PROSECUTIONS BASED ON FELONIES DEFINED OUTSIDE TITLE 9A RCW 9A. 28 .020 CRIMINAL ATTEMPT 9A.28.030 CRIMINAL SOLICITATION 9A. 28. 040 CRIMINAL CONSPIRACY iii CHAPTER 9A. 32 RCW Pg. 35 HOMICIDE • \ STATUTE : 9A. 32 . 010 HOMICIDE DEFINED 9A. 32 . 020 PREMEDITATION--LIMITATIONS 9A. 32 . 030 MURDER IN THE FIRST DEGREE 9A. 32 .030 MURDER IN THE FIRST DEGREE--SENTENCE 9A. 32. 045 AGGRAVATED MURDER IN THE FIRST DEGREE 9A. 32. 046 AGGRAVATED MURDER IN THE FIRST DEGREE--PENALTY 9A. 32 . 047 AGGRAVATED MURDER IN THE FIRST DEGREE-- LIFE IMPRISONMENT 9A. 32. 050 MURDER IN THE SECOND DEGREE 9A. 32.060 MANSLAUGHTER IN THE FIRST DEGREE 9A. 32.070 MANSLAUGHTER IN THE SECOND DEGREE CHAPTER 9A. 36 RCW Pg. 46 ASSAULT AND OTHER CRIMES INVOLVING PHYSICAL HARM • STATUTE: 9A. 36 .010 ASSAULT IN THE FIRST DEGREE 9A. 36 .020 ASSAULT IN THE SECOND DEGREE 9A. 36 .030 ASSAULT IN THE THIRD DEGREE 9A. 36 .040 SIMPLE ASSAULT 9A. 36 .050 RECKLESS ENDANGERMENT 9A. 36 .060 PROMOTING A SUICIDE ATTEMPT 9A. 36 .0 70 COERCION CHAPTER 9A.40 RCW Pg. 54 KIDNAPING, UNLAWFUL IMPRISONMENT, AND CUSTODIAL INTERFERENCL STATUTE : 9A. 40 .010 DEFINITIONS • } 9A.40. 020 KIDNAPING IN THE FIRST DEGREE iv • 9A. 40 .030 KIDNAPING IN THE SECOND DEGREE 9A. 40 .040 UNLAWFUL IMPRISONMENT 9A. 40 .050 CUSTODIAL INTERFERENCE CHAPTER 9A.48 RCW Pg. 59 ARSON, RECKLESS BURNING, AND MALICIOUS MISCHIEF STATUTE: 9A.48.010 DEFINITION 9A. 48 .020 ARSON IN THE FIRST DEGREE 9A. 48. 030 ARSON IN THE SECOND DEGREE 9A.48 .040 RECKLESS BURNING IN THE FIRST DEGREE 9A.48.050 RECKLESS BURNING IN THE SECOND DEGREE 9A.48.060 RECKLESS BURNING --. DEFENSE 9A. 48. 070 MALICIOUS MISCHIEF IN THE FIRST 'DEGREE f 9A. 48 .080 MALICIOUS MISCHIEF IN THE SECOND DEGREE 1 9A.48.090 MALICIOUS MISCHIEF IN THE THIRD DEGREE 9A.48. 100 MALICIOUS MISCHIEF -- "PHYSICAL DAMAGE" DEFINED CHAPTER 9A. 52 RCW Pg. 69 BURGLARY AND TRESPASS STATUTE : 9A. 52 .010 DEFINITIONS 9A. 52 .020 BURGLARY IN THE FIRST DEGREE 9A. 52 .030 BURGLARY IN THE SECOND DEGREE 9A. 52..040 INFERENCE OF INTENT 9A. 52 . 050 OTHER CRIME IN COMMIT'T'ING BURGLARY PUNISHABLE • v 9A. 52 . 060 MAKING OR HAVING BURGLAR TOOLS • 9A. 52 . 070 CRIMINAL TRESPASS IN THE FIRST DEGREE 9A. 52 .080 CRIMINAL TRESPASS IN THE SECOND DEGREE 9A. 52 .090 CRIMINAL TRESPASS - DEFENSES 9A. 52 . 100 VEHICLE PROWLING CHAPTER 9A.56 RCW Pg. 78 THEFT AND ROBBERY STATUTE: 9A. 56 .010 DEFINITIONS 9A. 56 .020 THEFT--DEFINITION, DEFENSE 9A. 56 .030 THEFT IN THE FIRST DEGREE 9A. 56 .040 THEFT IN THE SECOND DEGREE 9A. 56 .050 . THEFT IN THE THIRD DEGREE � } 9A. 56.060 UNLAWFUL ISSUANCE OF CHECKS OR DRAFTS 9A.56 .070 TAKING MOTOR VEHICLE WITHOUT PERMISSION 9A. 56 .080 THEFT OF LIVESTOCK 9A. 56 .090 PRESUMPTION ON FAILURE TO RETURN VEHICLE , MACHINERY, OR EQUIPMENT PURSUANT TO RENTAL OR LEASE AGREEMENT 9A. 56 . 100 THEFT AND LARCENY EQUATED 9A. 56. 110 EXTORTION--DEFINITION 9A. 56 . 120 EXTORTION IN THE FIRST DEGREE 9A. 56. 130 EXTORTION IN THE SECOND DEGREE 9A. 56 . 140 POSSESSING STOLEN PROPERTY--DEFINITION-- CREDIT CARDS, PRESUMPTION 9A. 56 . 150 POSSESSING STOLEN PROPERTY IN THE FIRST DEGREE vi 9A. 56 . 160 POSSESSING STOLEN PROPERTY IN THE SECOaO DEGREE 9A. 56 . 170 POSSESSING S'T'OLEN PROPERTY IN THE THIRD DEGREE 9A. 56 .180 OBSCURING IDENTITY OF A MACHINE 9A. 56 . 190 ROBBERY--DEFINITION 9A. 56 . 200 ROBBERY IA THE FIRST DEGREE 9A.56. 210 ROBBERY IN THE SECOND DEGREE CHAPTER 9A.60 RCW Pg. 101 FRAUD STATUTE: 9A.60 .010 DEFINI'T'IONS 9A.60 .0'20 FORGERY 9A.60.030 OIBTAINING A SIGNATURE BY DECEPTION OR DURESS • 9A.60 .040 CRIMINAL IMPERSONATION 9A.60 .050 FALSE CER'T'IFICATION CHAPTER 9A.64 RCW Pg. 109 FAMILY OFFENSES STATUTE: 9A. 64 .010 BIGAMY 9A. 64 .020 INCEST. CHAPTER 9A.68 RCW Pg. 113 BRIBERY AND CORRUPT INFLUENCE STATUTE: 9A. 68. 010 BRIBERY 9A. 68.020 REQUESTING UNLAWFUL COMPE14SATION vii 9A. 68.030 RECEIVING OR GRANTING UNLAWFUL COMPENSATION 9A.68 .040 TRADING IN PUBLIC OFFICE 9A.68.050 TRADING IN SPECIAL INFLUENCE CHAPTER 9A. 72 RCW Pg. 122 PERJURY AND INTERFERENCE WITH OFFICIAL PROCEEDINGS STATUTE: 9A. 72.010 DEFINITIONS 9A. 72 .020 PERJURY IN THE FIRST DEGREE 9A. 72 .030 PERJURY IN THE SECOND DEGREE 9A. 72.040 FALSE SWEARING 9A. 72.050 PERJURY AND FALSE SWEARING--INCONSISTENT STATEMENTS--DEGREE OF CRIME 9A. 72 .060 PERJURY AND FALSE SWEARING--RETRACTION 9A. 72 .070 PERJURY AND FALSE SWEARING--IRREGULARITIES NO DEFENSE 9A. 72.080 STATEMENT OF WHAT ONE DOES NOT KNOW TO BE TRUE 9A. 72.090 BRIBING A WITNESS 9A. 72. 100 BRIBE RECEIVING BY A WITNESS 9A. 72 .110 INTIMIDATING A WITNESS 9A. 72.120 TAMPERING WITH A WITNESS 9A. 72. 130 INTIMIDATING A JUROR 9A. 72 .140 JURY TAMPERING 9A.72 . 150 TAMPERING WITH PHYSICAL EVIDENCE viii • CHAPTER 9A.76 RCW Pg. 136 OBSTRUCTING GOVERNMENTAL OPERATION STATUTE: 9A. 76 .010 DEFINITIONS 9A. 76 .020 OBSTRUCTING A PUBLIC SERVANT 9A. 76 .030 REFUSING TO SUMMON AID FOR A PEACE OFFICER 9A. 76.040 RESISTING ARREST 9A. 76 .050 RENDERING CRIMINAL ASSISTANCE--DEFINITION OF THEM 9A. 7.6 .060 RELATIVE DEFINED 9A. 76.070 RENDERING CRIMINAL ASSISTANCE IN THE FIRST DEGREE 9A. 76 .080 RENDERING CRIMINAL ASSISTANCE IN THE SECOND DEGREE 9A. 76 .090 RENDERING CRIMINAL ASSISTANCE IN THE THIRD DEGREE 9A.76 .100 COMPOUNDING 9A. 76 .110 ESCAPE IN THE FIRST DEGREE 9A.76.120 ESCAPE IN THE SECOND DEGREE 9A.76 .130 ESCAPE IN THE THIRD DEGREE 9A. 76 . 140 INTRODUCING CONTRABAND IN THE FIRST DEGREE 9A.76.150 INTRODUCING CONTRABAND IN THE SECOND DEGREE 9A. 76 .160 INTRODUCING CONTRABAND IN THE THIRD DEGREE 9A. 76 .170 BAIL JUMPING 9A.76 . 180 INTIMIDATING A PUBLIC SERVANT CHAPTER 9A.80 RCW Pg. 151 ABUSE OF OFFICE STATUTE: 9A. 80 .010 OFFICIAL MISCONDUCT ix CHAPTER 9A. 84 RCW Pg. 153 PUBLIC DISTURBANCE STATUTE: 9A. 84 .010 RIOT 9A. 84 .020 FAILURE TO DISPERSE 9A. 84.030 DISORDERLY CONDUCT 9A. 84 .040 FALSE REPORTING CHAPTER 9A. 88 RCW Pg. 159 PUBLIC INDECENCY--PROSTITUTION--SEX CRIMES STATUTE: 9A. 88.010 PUBLIC INDECENCY 9A. 88. 020 COMMUNICATION WITH A MINOR FOR IMMORAL PURPOSES 9A. 88.030 PROSTITUTION 9A. 88..050 PROSTITUION--SEX OF PARTIES IMMATERIAL--NO DEFENSE 9A. 88.060 PROMOTING PROSTITUTION--DEFINITIONS 9A. 88. 070 PROMOTING PROSTITUION IN THE FIRST DEGREE 9A. 88.080 PROMOTING PROSTITUTION IN THE SECOND DEGREE 9A. 88.090 PERMITTING PROSTITUTION f f 9A. 88.100 INDECENT LIBERTIES r: (NOTE: 9A. 88.040 - PATRONIZING A PROSTITUTE was deleted by the legislature) CHAPTER 9A.92 RCW Pg. 168 REPEALERS -q. TITLE 9 SECTIONS REPEALED BY REVISED CRIMINAL CODE - TITLE 9A x i • CHAPTER. 9A.:79.; -�RCW Pg . 175 SEX CRIMES STATUTE: 9 . 79 . 140 DEFINITIONS 9 . 79 .150 TESTIMONY-EVIDENCE-WRITTEN-MOTION- ADMISSIBILITY 9 . 79 .160 DEFENSES TO PROSECUTION UNDER THIS CHAPTER 9 . 79 . 170 RAPE IN THE FIRST DEGREE 9 . 79 . 180 RAPE IN THE SECOND DEGREE 9 . 79 . 190 RAPE IN THE THIRD DEGREE 9 . 79 . 200 STATUTORY RAPE IN THE FIRST DEGREE 9 . 79 .210 STATUTORY RAPE IN THE SECOND DEGREE 9 . 79 . 220 STATUTORY RAPE IN THE THIRD DEGREE r xi • TABLE ONE PORTIONS OF TITLE 9 RCW NOT REPEALED BY 9A (see 9A.04 . 090 and 9A.20 .040 re: applica- bility of general provision to non-9A offenses) 9 .01 .055 IMMUNITY-AIDING OFFICER_ 9 .01. 110 FAILURE TO ACT 9 . 01.120 CIVIL REMEDIES PRESERVED 9 .01. 130 SENDING CRIMINAL LETTER 9 . 01.160 EXISTING CIVIL RIGHTS Chapter 9 .02 ABORTION Chapter 9 .03 ABANDONED REFRIGERATION EQUIPMENT Chapter 9 .04 ADVERTISING Chapter 9.05 ANARCHY AND SABOTAGE 9 .08.010 VICIOUS ANIMAL AT LARGE 9 .08.020 DISEASED ANIMALS 9 .08.030 FALSE REPRESENTATION/ANIMALS 9 .08.050 LIVESTOCK, SHOOTING/POISONING 9 .08.060 TAKING, MISTREATING DOGS Chapter 9 .12 BARRATRY Chapter 9 .16 BRANDS AND MARKS 9 .18.080 BRIBERY OFFENDER/COMPETENT WITNESS 9 . 18.1.20 SUPPRESSION/COMPETITIVE BIDDING 9 . 18 .130 COLLUSION/COMPETITIVE BIDDING 9 .1 8.140 PENALTY 9 .18. 150 AGREEMENTS OUTSIDE STATE 9 .23.010 CRIMINAL CONTEMPT •-� Chapter 9 .24 CRIMES/CORPORATIONS 9 .26A.090 TELEPHONE CREDIT CARDS 9 . 27.015 OBSTRUCTING COURT/JUSTICE 9. 31.090 ESCAPED PRISONER RECAPTURED 9 . 38.010 FALSE REPRESENTATION/CREDIT 9 . 38.020 FALSE REPRESENATION/TITLE 9 . 40 .040 SPARK EMITTING ENGINES 9 .40 .100 FIRE; FALSE ALARM/TAMPERING 9 . 40 .110 INCENDIARY DEVICES - DEFINITIONS 9 .40 .120 INCENDIARY DEVICES - PENALTIES 9 .40 .130 INCENDIARY DEVICES - EXCEPTIONS Chapter 4 .41 FIREARMS AND DANGEROUS WEAPONS I 9 .44 .080 SIGNING PETITION 9 .45.020 CHILD SUBSTITUTION 9 .45.040 FRAUDS ON INNKEEPER 9 . 45.060 PERSONAL PROPERTY 9 .45 .062 FAILURE TO DELIVER 9 .45.070 MOCK AUCTIONS 9. 45.080 REMOVAL OF PROPERTY 9 .45 .090 FRAUDULENT CONVEYANCE 9 .45.100 FRAUD OF CREDITORS Table One-2 9 . 45.120 FALSE WEIGHTS/MEASURES + 9 . 45. 122 MEASUREMENTS 9 . 45.124 ALTERING MEASURING DEVICES 9 . 45. 125 MEASUREMENTS/INDUCING VIOLATIONS 9 .45.150 FOREIGN MATTER IN MERCHANDISE 9 .45.160 LIQUOR RECEIPTS 9 .45.170 PENALTY 9.45. 180 OPERATING COINBOX 9 .45. 190 SLUGS USED FOR COIN 9 .45.210 ASSAY SAMPLE/CERTIFICATE 9 . 45.220 ASSAY, FALSE SAMPLE 9. 45. 230 PENALTY 9.45..240 TELEPHONE/TELEGRAPH SERVICE Chapter 9 .46 GAMBLING Chapter 9 .47 GAMBLING Chapter 9 .47A GLUE SNIFFING Chapter 9 . 51 JURIES, CRIMES RELATING TO 9 .54 .130 RESTORATION OF STOLEN PROPERTY 9 . 55.020 LEGISLATIVE WITNESS REFUSAL Chapter 9 .58 LIBEL AND SLANDER i 9 .61. 140 PENALTY/EXPLOSIVES 9 . 6. . 150 ' .. PENALTY/EXPLOSIVES 9 .61.160 THREATS TO BOMB/INJURE Table One-3 9 . 61.170 HOAX NO DEFENSE 9 .61. 180 PENALTY 9 .61.190 INJURY TO PIGEONS 9 .61.200 PIGEON IDENTIFICATION ALTERATION 9 .61.210 PENALTY 9 .61.240 USING PHONE TO HARASS 9 .61. 240 PERMITTING IMPROPER PHONE USE 9 .61.250 WHERE PHONE OFFENSE COMMITTED Chapter 9 .62 MALICIOUS PROSECUTION Chapter 9 .66 NUISANCE Chapter 9 .68 OBSCENITY 9 .69 .100 WITHHOLDING KNOWLEDGE • 9 . 72 .090 COMMITTAL OF WITNESS Chapter 9 .79 SEX CRIMES Chapter 9 . 81 SUBVERSIVE ACTIVITIES Chapter 9 . 82 TREASON Chapter 9 .86 CRIMES RELATING TO FLAGS 9 .91.010 CIVIL RIGHTS-TERMS DEFINED 9 .91..030 VEHICLE OPERATION/INTOXICATION 9 .91.055 STATE SEAL/IMPROPER USE 9 .91.060 CHILDREN UNATTENDED 9 .91.090 DESTRUCTION/INSURED PROPERTY • Table One-4 9 :91 . 110 METAL BUYERS 9 .91.120 STAMPS/FOOD STAMPS Chapter 9 .92 PUNSIHMENT 9.94 .010 PRISON RIOT/DEFINED 9 .94 .020 PENALTY 9 .94 .030 HOLDING HOSTAGE 9.94 .04. PRISONER POSSESSIONS PROHIBITED 9 .94 .050 PEACE OFFICERS Chapter 9 .95 PRISON TERMS, PAROLE/PROBATION Chapter 9 .95A ADULT SUPERVISION PROGRAMS Chapter 9 .95B INTERSTATE HEARING PROCEDURES • Chapter 9 .96 CIVIL RIGHTS/RESTORATION OF Chapter 9 .96A EMPLOYMENT RIGHTS/RESTORATION OF Chapter 9.98 PRISONER-UNTRIED INDICTMENTS/INFORMATIONS Chapter 9. 100 AGREEMENT ON DETAINERS Table One-5 L'« TABLE TWO CRIMINAL OFFENSES - TITLE 9A. RCW (organized by classification of crimes) 1 . General provisions , Chapter 9A.04 through 9A.28 2. Class A Felonies : maximum term of 20 years to life imprison- ment and/or fine of not more than $10 ,000 (fixed by court) Murder in the First Degree , Chapters 9A. 32 , .010 , .020 , .030 . (mandatory sentence of life imprison- ment; mandatory death penalty if "aggravated" , .045. Murder in the Second Degree , Chapters 9A. 32 , .010 , .020 , .050 . Assault in the First Degree, Chpater 9A.36.010 Kidnapping in the First Degree, Chapters 9A.40 , .010 , .020 . Arson in the First Degree, Chapters 9A.48, .010 , .020 . Burglary in the First Degree, Chapters 9A.52 , .010 , ® .020 . Robbery in the First Degree , Chapters 9A.56 , .190 , .200 . Bail Jumping, Chapter 9A.76 .170--if person held for, charged with, or convicted of 1st Degree Murder. 3. Class B Felonies : 10 years maximum and/or fine of not more than $10 ,000 Manslaughter in the First Degree, Chapters 9A. 32 , .010 , .020 , .060 . Assault in the Second Degree , Chapter 9A.36 .020 . Kidnapping in the Second Degree, Chapters 9A.40 , .010 , .030 . `k Indecent Liberties, Chapter 9A.88.100 . t Arson in the Second Degree, Chapters 9A.48 , .010 , .030 . i. Malicious Mischief, in the First Degree , Chapter 9A.48.070 . Burglary in the Second Degree, Chapter 9A. 52 .030 . Theft in the First Degree, Chapters 9A. 56 , .010 , .020 , co .030 . Table Two-1 Extortion in the First Degree, Chapters 9A.56 , .110 , .120 . PossYeggion. Stolen Pro ert in the First Degree, 1 Robbery in the Second Degree, Chapters 9A.56 , .190 , .210 Bribery, Chapter 9A.68.010 Perjury in the First Degree , Chapters 9A.72 , .010 , .020 . Bribing a Witness , Chapter 9A.72 .090 . Bribe Receiving by a Witness , Chapter 9A.72.100 . Intimidating a Witness , Chapter 9A. 72.110 . Intimidating a Juror, Chapter 9A.72 .130 . Escape in the First Degree, Chapter 9A.76 .110 . Introducing Contraband in the First Degree, Chapter 9A.76 .140 . Bail Jumping - if person held for, charged with, or convicted of a Class A felony , Chapter 9A.76 .170 . Intimidating a Public Servant, Chapter 9A.76 . 180 . Promoting Prostitution 'in the First Degree, Chapters 9A. 88, .160 , .070 . 4. Class C Felonies : 5 year maximum and/or: fine of not more than $5,000 Manslaughter in the Second Degree , Chapters 9A.32 , .010 , .020 , .070. Assault in the Third Degree, Chapter 9A. 36 .030 . Promoting a Suicide Attempt, Chapter 9A.36 .060 . Unlawful Imprisonment, Chapter 9A.40.040 . Reckless Burning in the First Degree, Chapter 9A.48.040 . Malicious Mischief in the Second Degree , Chapter 9A.48.080 . Theft in the Second Degree , Chapters 9A.56 , .010 , .020 , .040 . Taking a Motor Vehicle Without Permission, Chapter 9A.56.070 . Theft of Livestock, Chapter 9A. 56 .080 . Table Two-2 Extortion in the Second Degree , Chapters 9A.56 , . 110 , . 130 . • Possession of Stolen Prop'e'rty in the Second Degree , Chapters 9A.56 , .140 , . 160. Forgery, Chapters 9A.601 .010 , .020 . Obtaining a Signature by Deception, Chapters 9A.60 , .010 , .030 . Requesting Unlawful Compensation, Chapter 9A.68.020 . Receiving or Granting Unlawful Compensation, Chapter 9A.68.020 . Perjury in the Second Degree, Chapters 9A. 72 , .010 , .020 . Tampering With a Witness , Chapter 9A.72 .120 . Rendering Criminal Assistance in the First begree , (a gross misdemeanor if actor is a relative) , Chapters 9A.76 , .010 , .050 , .060 , .070 . Escape in the Second Degree, Chapter 9A.76 . 120 . Introducing Contraband in the Second Degree, Chapter 9A.76 . 150 . Bail Jumping - if person held for, charged with or convicted of a Class B felony, Chapter 9A.76. 170 . 'Riot--if actor armed with a deadly weapon , Chapter 9A. 84 .010 . Promoting Prostitution in the Second Degree, Chapters 9A. 88, .060 , .080 . Bigamy, Chapter 9A.64 .010 . Incest, Chapter 9A.64 .020 . Trading in Public Office, Chapter 9A.68.040 . Trading in Special Influence, Chapter 9A.68.050 . 5 . Gross Misdemeanors: 1 year maximum (county jail) and/or fine of not more than $1,000 Assault, Chapter 9A. 36 .040 . Reckless Endangerment, Chapter 9A.36 .050 . Coercion, Chapter 9A. 36 .070 . • Custodial Interference, Chapters 9A.40 , .010 , .050 . Table Two-3 Reckless Burning in the Second Degree , Chapters 9A.48 , • .010 , .050 . Malicious Mischief in the Third De ree , Chapter 9A.48 .090 . (misdemeanor if damage under 50) Vehicle Prowling, Chapter 9A. 52 .100 . Making or Having Burglar Tools , Chapter 9A.52 .060 . Criminal Trespass in the First Degree, Chapter 9A.52 .070 . Theft in the Third Degree , Chapters , 9A.56 , .010 , .050 . Unlawful Issuance of Checks or Bank Drafts , Chapter 9A.56 .060 . Possession Stolen Property in the Third Degree , Chapter 9A.56 .170 . Obscuring Identity of a Machine, Chapter 9A.56 .180 . Criminal Impersonation, Chapter 9A.60 .040 . False Swearing, Chapters 9A.72 , .010 , .040 . Jury Tampering, Chapter 9A. 72 . 140 . Tampering With Physical Evidence, Chapter 9A. 72 .150 . Rendering Criminal Assistance in the Second Degree, Chapters 9A.72.050 , .060 , .080 . (a misdemeanor if actor is a relative) Compounding, Chapter 9A.76 .100 . Escape in the Third Degree, Chapter 9A.76 . 130 . Bail Jumping--if person was held for, charged with or convicted of a Class C felony, Chapter 9A. 76 .170 . Official Misconduct, Chapter 9A. 80 .010 . Riot--unless actor armed with a deadly weapon , Chapter 9A. 84 .010 . False Reporting, Chapter 9A. 84 . 040 . Public Indecency--only if victim under 14 , Chapter 9A. 88.010 . False Certification, Chapter 9A.60 .050 . Communication With a Minor for Immoral Purposes--felony • if second offense , Chapter 91,. !8.02• . Table Two-4 6 . Misdemeanors : 90 day maximum and/or fine of not more than $500 . Criminal Trespass in the Second Degree, Chapters 9A.52 , .010 , .080 . Obstructing a Public Servant, Chapters 9A. 76 , .010 , .020 . Refusing to Summon Aid for a Peace Officer, Chapters 9A..76 .010 , .030 . Resisting Arrest, Chapters 9A. 76 .010 , .040 . Rendering Criminal Assistance in the Third Degree, Chapters 9A. 76 , .050 , .060 , .090 . Introducing Contraband in the Third Degree, Chapter 9A.76 .160 . Bail Jumping--if person was held for, charged with or convicted of a gross misdemeanor or misdemeanor, Chapter 9A. 76 .170 . Failure to Disperse , Chapter 9A. 84 .020 . Disorderly Conduct, Chapter 9A. 84 .030 . Malicious Mischief in the Third Degree, Chapter 9A.48 .090 . (if damage under $50) Permitting Prostitution, Chapter 9A. 88 .090 . Public Indecency , Chapter 9A.88 .010 (unless victim under 14 , in which case it is . a gross misdemeanor) Prostitution, Chapter 9A. 88 .030 . • I� Table Two-5 • CHAPTER 9A.04 RCW PRELIMINARY ARTICLE STATUTE: 9A.04 .010 TITLE, EFFECTIVE DATE, APPLICATION., SEVERABILITY, CAPTIONS 9A.04 .020 PURPOSE-PRINCIPLES OF CONSTRUCTION 9A.04 .030 STATE CRIMINAL JURISDICTION 9A.04 .040 CLASSES OF CRIMES 9A.04 .050 PEOPLE CAPABLE OF COMMITTING CRIMES 9A.04 .060 COMMON LAW TO SUPPLEMENT STATUTE 9A.04 .070 WHO AMENABLE TO CRIMINAL STATUTES 9A.04 .080 LIMITATION OF ACTIONS 9A.04 .090 APPLICATION OF GENERAL PROVISIONS OF THE CODE 9A.04 . 100 PROOF BEYOND A REASONABLE DOUBT 9A.04 . 110 DEFINITIONS SYNOPSIS : This chapter contains organizational provisions , general purposes and principles of construction, provisions as to state criminal jurisdiction , classes of crime, and capability of children to commit crime. It provides that the common law is to supplement Title 9A. It provides for who is amenable to criminal statutes , and the statute of limitations on criminal actions . it provides that the provisions of 9A.04 through 9A.20 apply to the remainder of 'Title 9A, and to all other Washington statutes defining offenses . It sets forth pre- sumption of innocence and burden of proof, and contains many additions and revisions of the pre-existing Title 9 RCW. 9A.04 .010 TITLE, EFFECTIVE DATE, APPLICATION, SEVERABILITY, CAPTIONS STATUTE: • 9A.04.010 TITLE, EFFECTIVE DATE, APPLICATION, SEVERABILITY, CAPTIONS . (1) This title shall be known and may be cited as the Washington Criminal Code and shall become effective on July 1 , 1976 . (2) The provisions of this title shall apply to any offense committed on or after July 1 , 1976 , which is defined in this title or the general statutes , unless otherwise expressly provided or unless the context otherwise requires , and shall also apply to any defense to .prosecution for such an offense. (3) The provisions of this title do not apply to or govern the construction of and punishment for any offense committed prior to the effective date of this title, or to the construction and application of any defense to a prosecution for such an offense . Such an offense must be construed and punished according to the provisions of law existing at the time of the commission thereof in the same manner as if this title had not been enacted. (4) If any provision of this title , or its application to any person or circumstance is held invalid, the remainder of the title , or the application of the provision to other persons ,or circumstances is not affected, and to this end the provisions of this title are declared to be severable . (5) Chapter, section, and subsection captions are for organizational purposes only and shall not be construed as part of this title. 9A.04 .020 PURPOSE-PRINCIPLES OF CONSTRUCTION STATUTE: 9A.04 .020 PURPOSES-PRINCIPLES OF CONSTRUCTION. (1) The general purposes of the provisions governing the definition of offenses are: (a) To forbid and prevent conduct that inflicts or threatens substantial bars to individual or public interests ; (b) To safeguard conduct that is without culpability from condemnation as criminal ; (c) To give fair warning of the nature of the conduct declared to constitute an offense; (d) To differentiate on reasonable grounds between serious and minor offenses , and to prescribe proportionate penalties for each. (2) The provisions of this title shall be construed accord- ing to the fair import of their terms but when the language is susceptible of differing constructions it shall be interpreted to further the general purposes stated in this title. . 9A. 04 .030 STATE CRIMINAL JURISDICTION STATUTE: 9A.04 . 030 STATE CRIMINAL JURISDICTION. The following persons are liable to punishment: (1) A person who commits in the state any crime , in whole or part. (2) A person who commits out of the state any act which, if committed within it, would be theft and is afterward found in the state with any of the stolen property. (3) A person who being out of the state, counsels , causes , procures , aids , or abets another to commit a crime in this state. (4) A person who, being out of the state, abducts or kidnaps by force or fraud, any person, contrary to the laws of the place where the act is committed , and brings , sends , or conveys such person into this state.. (5) A person who commits an act without the state which affects persons or property within the state, which, if committed within the state , would be a crime. 9A.04 .040 CLASSES OF CRIMES STATUTE: • 9A.04 .040 CLASSES OF CRIMES . (1) An offense defined by this title or by any other statute of this state, for which a sentence of imprisonment is authorized, constitutes a crime. Crimes are classified as felonies , gross misdemeanors , or misdemeanors. (2) A crime is a felony if it is so designated in this title or by any other statute of this state or if persons convicted thereof may be sentenced to imprisonment for a term in excess of one year. A crime is .a misdemeanor if it is so designated in this title or by any other statute of this state or if persons convicted thereof. may be sentenced to imprisonment for no more than ninety days . Every other crime is a gross misdemeanor. 9A.04. 050 PEOPLE CAPABLE OF COMMITTING CRIMES-- STATUTE: • CAPABILITY OF CHILDREN 9A.04 .050 PEOPLE CAPABLE OF COMMITTING CRIMES- (CAPABILITY OF CHILDREN) . Children under the age of eight years are in- capable of -committing crime. Children of eight and under twelve years of age are presumed to be incapable of committing crime, but this presumption may be resolved by proof that they have sufficient capacity to understand the act or neglect, and to know that it was wrong. Whenever, in legal proceedings it becomes necessary to determine the age of a child, he may be produced for inspection , to enable the court or jury to determine the age thereby;. and the court may also direct his examination by one or more physicians , whose opinion shall be competent evidence upon the question of his age. 9A.04.060 COMMON LAW TO SUPPLEMENT STATUTE STATUTE: 9A.04.060 COMMON LAW TO SUPPLEMENT STATUTE. The pro- visions of the common law relating to the commission of crime • and the punishment thereof, insofar as not inconsistent with the constitution and statutes of this state, shall supplement all penal statutes of this state and all persons offending against the same shall be tried in the courts of this state having jurisdiction of the offense. 9A.04.070 WHO AMENABLE TO CRIMINAL STATUTES STATUTE: 9A.04 .070 WHO AMENABLE TO CRIMINAL STATUTES. Every person, regardless of whether or not he is an inhabitant of this state, may be tried and punished under the laws of this state for an .offense committed by him therein , except when such offense is cognizable exclusively in the courts of the United States . . 9A. 04 .080 LIMITATION OF ACTIONS STATUTE: 9A.04 .080 LIMITATION OF ACTIONS . Prosecution for the offenses of murder, and arson where death ensues , may be commenced at any period after the commission of the offense; for offenses the punishment of which may be imprisonment in a state correct- ional institution, committed by any public officer in connection with the duties of his office or constituting a breach of his public duty or a violation of his oath of office, within ten years after their commission; for all other offenses the punish- ment of which may be imprisonment in a state correctional in- stitution, within three years after their commission; two years for gross misdemeanors ; and for all other offenses , within one year after their commission: PROVIDED; That any length of time during which the party charged was not usually and publicly resident within this state shall not be reckoned within the. one , two, three , and ten years respectively; AND FURTHER PROVIDED, That where an indictment has been found, or complaint or an infor- mation filed, within the time limited for the commencement of a criminal action, if the indictment , complaint or information be set aside, the time of limitation shall be extended by the length of time from the time of filing of such indictment, complaint, or information, to the time such indictment, complaint, • or information was set aside. 9A.04.090 APPLICATION OF GENERAL PROVISIONS OF THE CODE STATUTE: 9A.04 .090 APPLICATION OF GENERAL PROVISIONS OF THE CODE. The provisions of Chapters 9A.04 through 9A.28 of. this title are applicable to offenses defined by this title or another statute, unless this title or such other statute specifically provides otherwise. 9A.04 .100 PROOF BEYOND A REASONABLE DOUBT STATUTE: 9A.04 .100 PROOF BEYOND A REASONABLE DOUBT. (1) Every person charged with the commission of a .crime is presumed innocent unless proved guilty. No person may be convicted of a crime unless each element of such crime is proved by competent evidence beyond a reasonable doubt. (2) When a crime has been proven against a person , and there exists a reasonable doubt as to which of two or more degrees he is guilty, he shall be convicted only of the lowest degree. 0 i 9A.04 .110 DEFINITIONS •1 STATUTE: 9A.04 .110 DEFINITIONS . In this title unless a different meaning plainly is required: (1) "Acted" includes, where relevant, omitted to act; (2) "Actor" includes , where relevant, a person failing to act; (3) . "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; (4) "Bodily injury" or "physical injury" means physical pain, illness , or an impairment of physical condition; (5) "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; (6) "Deadly weapon" means any explosive or loaded or unloaded firearm, and shall include any other weapon, device, instru- ment, 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: (7) "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; (8) "Government" includes any branch , subdivision , or agency of the government of this state and any county, city, district, or other local governmental unit; (9) "Governmental function" includes any activity which a public servant is legally authorized or permitted to undertake on behalf of a government; (10) "Indicted" and "indictment" include "informed against" and "information" , and "informed against" and "information" include "indicted_ " and "indictment" ; (11) "Judge" includes every judicial officer authorized alone or with others , to hold or preside over a court; (12) "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 willful 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 willful disregard of social duty; (13) "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 , fun.etions of a public officer; (14) "Omission"" seems a failure- to act; (15) "Peace officer" means a duly appointed city, county , or state law enforcement officer; (16) "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; (17) "Person" , "he" , and "actor" include any natural person and, where relevant , a corporation , joint stock association, or an unincorporated association; (18) "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; (19) "Prison" means any place designated by law for .the keeping of persons held in custody under process of law, or under lawful arrest, including but not limited to any state correctional institution or any county or city jail ; (20) "Prisoner" includes any person held in custody under process of law, or under lawful arrest; (21) "Property" means anything of value , whether tangible or intangible , real or personal; (22) "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; (23) "Signature" includes any memorandum, mark, or sign made with intent to authenticate any instrument or writing, or the subscription of any person thereto; (24) "Statute" means the Constitution or an act of the legislature or initiative or referendum of this state; (25) "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 testi- mony or information with respect to another's legal claim or defense; or O (h) To take wrongful action as an official against anyone or anything, or wrongfully withhold official action, or cause such action or withholding or Definitions (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 . (26) "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; (27) 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. i. r I s f s • CHAPTER 9A.08 RCW PRINCIPLES OF LIABILITY STATUTE: 9A.08.010 GENERAL REQUIREMENTS OF CULPABILITY 9A.08.020 LIABILITY FOR CONDUCT OF ANOTHER-- COMPLICITY 9A.08.030 CRIMINAL LIABILITY OF CORPORATIONS AND PERSONS ACTING UNDER A DUTY TO ACT IN THEIR BEHALF SYNOPSIS: This chapter sets forth basic provisions as to criminal liability. It defines four kinds of culpability, or mental states , and contains provisions as to the application of these • definitions . It deals with complicity, or criminal liability for conduct of others , and it provides for criminal liability of corporations and their agents . These provisions represent important changes from the prior Title 9 , RCW. • 9 9A.08.010 GENERAL REQUIREMENTS OF CULPABILITY •11 . 3 STATUTE: 9A.08.010 GENERAL REQUIREMENTS OF CULPABILITY. (1) Kinds of Culpability Defined. (a) INTENT. A person acts with intent or intentionally when he acts with the objective or purpose to accomplish a result which constitutes a crime. (b) KNOWLEDGE. A person knows or acts knowingly or with knowledge when: (i) he is aware of a fact, facts , or circumstances or result described b statute Y a definingOffen an se; or (ii) he has information which would lead a reasonable man in the same situation to believe that facts exist which facts are described by a statute defining an offense. (c) RECKLESSNESS . A person is reckless or acts recklessly when he knows of and disregards a substantial risk that a wrongful act may occur and his disregard of such substantial risk is a gross deviation from conduct that a reasonable man would exercise in the same situation. (d) CRIMINAL NEGLIGENCE. A person is criminally negligent or acts with criminal negligence when he fails to be aware of a substantial risk that a wrongful act may occur and his failure to be aware of such substantial risk constitutes a gross deviation from the standard of care that a reasonable man would exercise in the same situation. (2) Substitutes for Criminal Negligence , Recklessness , and Knowledge. When a statute provides that criminal negligence suffices to establish an element of an offense, such element also is established if a person acts intentionally, knowingly , or recklessly. When recklessness suffices to establish an element, such element also is established if a person acts intentionally or knowingly. When acting knowingly suffices to establish an element , such element also is established if a person acts in- tentionally. (3) Culpability as Determinant of Grade of Offense. When the grade or degree of an offense depends on whether the offense is committed intentionally, knowingly, recklessly; or with criminal negligence, its grade or degree shall be the lowest for which the determinative kind of culpability is established with respect to any material element of the offense . (4) Requirement of Wilfulness Satisfied by Acting Knowingly. A requirement that an offense be committed wilfully is satisfied if a person acts knowingly with respect to the material elements of the offense, unless a purpose to impose further requirements plainly appears. 10 • 9A.08.020 LIABILITY FOR CONDUCT OF ANOTHER "COMPLICITY STATUTE: 9A.08.020 LIABILITY FOR CONDUCT OF ANOTHER - COMPLICITY . (1) A person is guilty of a crime if it is committed by the conduct of another person for which he is legally accountable. (2) A person is legally accountable for the conduct of another person when: (a) Acting with the kind of culpability that is sufficient for the commission of the crime, he causes an innocent or irresponsible person to engage in such conduct; or (b) He. is made accountable for the conduct of such other person by this title or by the law defining the crime; or (c) He is an accomplice of such other person in the com- mission of the crime. (3) A person is an accomplice of another person in the commission of a crime if: (a) With knowledge that it will promote or facilitate the commission of the crime, he (i) solicits , commands , encourages , or requests such other person to commit it; or . (ii) . aids or agrees to aid such other person in planning or committing it; or (b) His conduct is expressly declared by law to establish his complicity. (4) A person who is legally incapable of committing a particular crime himself may be guilty thereof if it is com- mitted by the conduct of another person for which he is legally accountable, unless such liability is inconsistent with the purpose of the provision establishing his incapacity. (5) Unless otherwise provided by this title or by the law defining the crime, ..a person is not an accomplice in a crime committed by another . person if ; (a) He is a victim of that crime; or (b) He terminates his complicity prior to the commission of the crime and either gives timely warning to the law enforcement authorities or otherwise makes a good faith effort to prevent the commission of the crime. (6) A person legally accountable for the conduct of another person may be convicted on proof of the commission of herein h the person s complicity g .the crime and.. of hi p Y t , thou claimed to have committed the crime has not been prosecuted or convicted or has been convicted of a different crime or degree of crime or has an immunity to prosecution or conviction or has been acquitted. 9A.08.030 CRIMINAL LIABILITY OF CORPORATIONS • AND PERSONS ACTING UNDER A DUTY TO ACT IN THEIR BEHALF STATUTE: 9A.08.030 CRIMINAL LIABILITY OF CORPORATIONS AND PERSONS ACTING OR UNDER A DUTY TO ACT IN THEIR BEHALF. (1) As used in this section: (a) "Agent" means any director, officer, or employee of a corporation, or any other person who is authorized to act on behalf of the corporation; (b) "Corporation" includes a joint stock association; (c) "High managerial agent" means an officer or director of a corporation or any other agent in a position of comparable authority with respect to. the formulation of corporate policy or the supervision in a anagerial capacity of subordinate employees . (2) A corporation is guilty of an offense when: (a) The conduct constituting the offense consists of an omission to discharge a specific duty of performance imposed on corporations by law; or (b) The conduct constituting the offense is engaged in , authorized, solicited, requested, commanded , or tolerated by the board of directors or by a high managerial agent acting • within the scope of his employment and on behalf of the cor- poration; or (c) The conduct constituting the offense is engaged in by an agent of the corporation, other than a high managerial ^� agent, while acting within the scope of his employment and in #1: behalf of the corporation and (i) the offense is one defined by a statute which clearly indicates a legislative intent to impose such criminal liability on a corporation. (3) A person is criminally liable for conduct constituting an offense which he performs or causes to be performed in the name of or on behalf of a corporation to the same extent as if such conduct were performed in his own name or behalf. (4) Whenever a duty to act is imposed by law. upon a cor- poration, any agent of the corporation who knows 'he has or shares ` primary responsibility for the discharge of the duty is crim- inally liable for a reckless or, if a high managerial agent, criminally negligent omission to perform the required act to the same extent as if the duty were by law imposed directly upon such agent. (5) Every corporation, whether foreign or domestic, which 7 shall violate any provision of RCW 9A. 28 .040 , shall forfeit every right and franchise to do business in this state. The attorney r general shall begin and conduct all actions and proceedings necessary to enforce the provisions of this subsection. 12 CHAPTER 9A. 12 RCW INSANITY STATUTE: 9A.12 .010 INSANITY SYNOPSIS: This chapter deals solely with the insanity defense, and seeks to remove perceived uncertainty in pre-existing case law. 13 9A.12 .010 INSANITY STATUTE: 9A. 12 .010 INSANITY. To establish the defense of insanity, it must be shown that: (1) At the time of the commission of the offense, as a result of mental disease or defect, the mind of the actor was affected to such an extent that: (a) He was unable to perceive the nature and quality of the act with which he is charged; or (b) He was unable to tell right from wrong with reference to the particular act charged. � . (2) The defense of insanity must be established by a preponderance of the evidence. 14 • CHAPTER 9A. 16 RCW DEFENSES STATUTE: 9A. 16.010 DEFINITIONS 9A.16 .020 USE OF FORCE - WHEN LAWFUL 9A. 16.030 HOMICIDE - WHEN EXCUSABLE 9A. 16 .040 JUSTIFIABLE HOMICIL'E BY PUBLIC OFFICER 9A. 16 .050 HOMICIDE _ BY OTHER PERSON- WHEN JUSTIFIABLE 9A.16 .060 DURESS 9A. 16 .070 ENTRAPMENT • 9A.16 .080 ACTION FOR BEING DETAINED ON MERCANTILE ESTABLISHMENT PREMISES FOR INVESTIGATION-- "REASONABLE GROUNDS" AS DEFENSE 9A. 16 .090 INTOXICATION SYNOPSIS : This chapter deals with matters of defense and avoidance. Its provisions define "necessary" , state when use of force is generally lawful , state when homicide is excusable , when it is justifiable by a public officer, and when it is justifiable by others. Other sections deal with the defenses relating to duress, entrapment, mercantile detention, and intoxication. � J 9A.16 .010 DEFINITIONS • STATUTE: 9A. 16 .010 DEFINITIONS . In this chapter, unless a different meaning is plainly required: "Necessary" means that no reasonably effective alter- native to the use of force appeared to exist and that the amount of force used was reasonable to effect the lawful purpose intended. 9A. 16 .020 USE OF FORCE - WHEN LAWFUL STATUTE: 9A416 .020 USE OF FORCE - WHEN LAWFUL. The use, attempt, or offer to use force upon or toward t e person of another shall not be unlawful in the following cases : (1) Whenever necessarily used by a public officer in the performance of a legal duty, or a person assisting him and acting under his direction; (2) Whenever necessarily used by a person arresting one who has committed a felony and delivering him to a public officer • competent to receive him into custody; (3) 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 either malicious interference with real or personal property lawfully in his possession, in case the force is not more than shall be R necessary; (4) Whenever used in a reasonable and moderate manner by a parent or his authorized agent, a guardian, master, or teacher in the exercise of lawful authority, to restrain or correct his child, ward , apprentice , or scholar; (5) 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, railway car, i vessel, or other vehicle, a passenger who refuses to obey a lawful and reasonable regulation prescribed for the conduct of passengers , (ii) such vehicle has first been stopped and the force used is not more than shall be necessary to expel the r offender with reasonable regard to his personal safety; (6) Whenever used by any person to prevent a mentally s retarded person or a mentally ill person from committing an act dangerous to himself or another, or in enforcing necessary restraint for the pbotection of his person, or his restoration to health, during such period only as shall be necessary to obtain legal authority for the restraint or custody of his person. I 16 • 9'A. 16 .030 HOMI'CId - WHEN EXCUSABLE STATUTE: 9A. 16 .030 HOMICIDE - WHEN EXCUSABLE. Homicide is ex- cusable. when committed by accident or misfortune in doing any lawful act by lawful means , with ordinary caution and without unlawful intent. 9A. 16 .040 JUSTIFIABLE HOMICIDE BY PUBLIC OFFICER STATUTE: 9A. 16 .040 JUSTIFIABLE HOMICIDE BY PUBLIC OFFICER Homicide is justifiable when committed by a public officer, or person acting under his command and in his aid , in the following cases : (1) In obedience to the judgment of a competent court. . (2) When necessary to overcome actual resistance to the execution of the legal process , mandate, or order of a court or officer, or in the discharge of a legal duty. . (3) When necessary in retaking an escaped or rescued prisoner who has been committed, arrested for, or convicted of a felony; or in arresting a person who has committed a felony and is fleeing from justice; or in attempting, by lawful ways or means , to apprehend a person for a felony actually committed; or in lawfully suppressing a riot or preserving the peace. 9A.16 .050 HOMICIDE - BY OTHER PERSON - WHEN JUSTIFIABLE STATUTE: 9A.16 .050 HOMICIDE - BY OTHER PERSON - WHEN JUSTIFIABLE. Homicide is also justifiable when committed either: (1) In the lawful defense of the slayer, or his or her husband, wife , parent , child, brother, or sister, or of any other person . in his presence or company, when there is reason- able ground to apprehend a design on the part of the person slain to commit a felony or to do some great personal injury to the slayer or to any such person, and there is imminent danger of such design being accomplished; or (2) In the actual resistance. of an attempt to commit a felony upon the slayer, in his presence , or upon or in a dwelling, or other place of abode in which he is . • 9A. 16 .060 DURESS STATUTE: 9A.16.060 DURESS. (1) In any prosecution for a crime , it is a defense that: (a) The actor participated in the crime under compulsion by another who by threat or use of force created an apprehen- sion in the mind of the actor that in .case of refusal he or another would be liable to immediate death or immediate grievous bodily injury; and (b) That such apprehension was reasonable upon the part of the actor; and (c) That the actor would not have participated in the crime except for the duress involved. (2) The defense of duress is not available if the crime charged is murder or manslaughter. (3) The defense of duress is not available if the actor intentionally or recklessly places himself in a situation in which it is probable that he will be subject to duress . (4) The defense of duress is not established solely by a showing that a married person acted on the command of his or her spouse. 9A.16 .070 ENTRAPMENT STATUTE: 9A. 16 .070 ENTRAPMENT . (1) In any prosecution for a crime , it is a defense that: (a) The criminal design originated in the mind of law enforcement officials, or any person acting under their direction , and (b) The actor was lured or induced to commit a crime which the actor had not otherwise intended to commit. (2) The defense of entrapment is not established by a showing, only that law enforcement officials merely afforded the actor an opportunity to commit a crime . JL W 9A. 16 .080 ACTION FOR BEING DETAINED ON MERCA14TILE ESTABLISHMENT PREMISES FOR INVESTIGATION - "REASONABLE GROUNDS" AS DEFENSE STATUTE: r 9A. 16 .080 ACTION FOR BEING DETAINED ON MERCANTILE ESTABLISHMENT PREMISES FOR INVESTIGATION--"REASONABLE GROUNDS" AS DEFENSE. In any criminal action brought by reason of any person having been detained on or in the immediate vicinity of the premises of a mercantile establishment for the purpose of . investigation or questioning as to the ownership of any merchan- dise, it . shall be a defense of such action that the .person was detained . in a reasonable manner and for not more than a reasonable time to permit such investigation or questioning by a peace officer, by the owner of. the mercantile establishment, or by the owner's authorized employee or agent., and that such peace officer, owner, employee or agent had reasonable grounds to believe that the person so detained was committing or at- tempting to commit theft or shoplifting on such premises of such merchandise. . As. used. in this section, "reasonable grounds" shall include, but not be limited to, knowledge that a person has concealed possession of unpurchased merchandise of a mercantile establishment , and a "reasonable time" shall mean the time necessary to permit the person detained .to make a statement or to refuse to make a statement, -and the time necessary to examine employees and records of the mercantile establishment relative to the ownership of the merchandise. 9A. 16 .090 INTOXICATION STATUTE: 9A...1.6 ..090 INTOXICATION. No act committed by a person while in a state. of voluntary intoxication shall be deemed less criminal by reason of his condition , but whenever the actual existence of any particular mental state is a necessary element to constitute a particular species or degree of crime , the fact of his intoxication may be taken into consideration in determining such mental state. 19 CHAPTER 9A. 20 RCW CLASSIFICATION OF CRIMES STATUTE: 9A.20 .010 CLASSIFICATION AND DESIGNATION OF CRIMES 9A.20 .020 AUTHORIZED SENTENCES OF OFFENDERS 9A.20.030 ALTERNATIVE TO A FINE - RESTITUTION 9A. 20 .040 PROSECUTIONS RELATED TO FELONIES DEFINED OUTSIDE TITLE 9A RCW SYNOPSIS: This chapter classifies and designates crimes for purposes of sentencing, and provides authorized sentences, alternative • fines and restitution. it also provides a mechanism for translating non-9A crimes into 9A classification. Most of the chapter is new. It not only deals with mechanics, but also includes some important new policy. One example is the alternative fine/restitution provision. 4 20 9A.20 .010 CLASSIFICATION- AND DESIGNATION OF CRIMES STATUTE: 9A.20 .0.10 CLASSIFICATION AND DESIGNATION OF CRIMES . (1) Classified felonies . (a) The particular classification of each felony defined in Title 9A RCW is expressly designated in the section defining it. . (b) . For purposes of sentencing, classified felonies are designated as one of three classes , as follows : (i) Class A (ii) . Class B (iii) Class C (2) Misdemeanors and Gross Misdemeanors . .(2) Any crime punishable by a fine of not more than five hundred 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. • rG i TABLE FOUR NEW CRIMINAL, CODE - SENTENCES • Effective July 1, 1976 GRADE SENTENCES Class A felony Not less than 20 years and/or not more than $10 ,000 Class B felony Not more than 10 years and/or not more than $10 ,000 Class C felony Not more than 5 years and/or not more than $5 ,000 Gross Misdemeanor No more than 1 year and/or not more than $1 ,000 Misdemeanor Not more than 90 days and/or not more than $500 CHARGE . CLASSIFICATION Attempt Murder 1 Class A felony . Attempt Class A felony Class B felony Attempt Class B felony Class C felony Attempt Class C felony Gross Misdemeanor Attempt Gross Misdemeanor Misdemeanor or Misdemeanor Criminal Conspiracy Murder 1 Class A felony Conspiracy Class A felony Class B felony Conspiracy Class B felony ` Class C felony Conspiracy Class C felony Gross Misdemeanor Conspiracy Gross Misdemeanor Misdemeanor or Misdemeanor Murder, aggravated Class "A+" felony, (initiative 316) death penalty mandatory Murder 1 Class A felony, life imprisonment 22 CHARGE CLASSIFICATION Murder 2 ;,_ Class A felony Manslaughter 1 Class B felony Manslaughter 2 Class C felony Assault 1 Class A felony Assault _ 2 Class B felony Assault 3 Class C felony Simple Assault Gross Misdemeanor Reckless Endangerment Gross Misdemeanor Promoting a Suicide Attempt Class C felony Coercion Gross Misdemeanor Kidnapping 1 Class A felony Kidnapping 2 Class B felony Unlawful Imprisonment Class C felony Custodial Interference Gross Misdemeanor Arson 1 Class A felony Arson 2 Class B felony Reckless Burning 1 Class C felony Reckless Burning- 2 Gross Misdemeanor Malicious Mischief 1 Class B felony Malicious Mischief 2 Class C felony Malicious Mischief 3 ($50+) Gross Misdemeanor Malicious Mischief 3 (-$50) Misdemeanor Burglary 1 Class A felony Burglary 2 Class B felony Having or Making Burglary Tools Gross Misdemeanor Criminal Trespass 1 Gross Misdemeanor 23 CHARGE CLASSIFICATION Criminal Trespass 2 Misdemeanor Vehicle Prowling Gross Misdemeanor Theft 1 Class B felony Theft 2 Class C felony Theft 3 Gross Misdemeanor Unlawful Checks ($250+) Class C felony Unlawful Checks (-$250) Gross Misdemeanor Taking Motor Vehicle Without Class C felony Permission Theft of Livestock Class B felony Extortion 1 Class B felony Extortion 2 Class C felony Possessing Stolen Property 1 Class B felony � . Possessing Stolen Property 2 Class C felony Possessing Stolen Property 3 Gross Misdemeanor Obscuring I.D . of Machine Gross Misdemeanor Robbery 1 Class A felony Robbery 2 Class B felony Forgery Class C felony Obtaining Signature (Duress- Class C felony Deception) Criminal Impersonation Gross Misdemeanor False Certification Gross Misdemeanor Bigamy Class C felony Incest Class C felony Bribery Class B felony • Requesting Unlawful Compensation Class C felony 24 • CHARGE CLASSIFICATION Granting or Receiving Unlawful Class C felony Compensation Trading in Public Offices Class C felony Trading in Special Influence Class C felony Perjury 1 Class B felony Perjury 2 Class C felony False Swearing Gross Misdemeanor Bribing a Witness Class B felony Bribe Receiving by Witness Class B felony Intimidating a Witness Class B felony Tampering With a Witness Class C felony Intimidating a Juror Class B felony • Jury Tampering Gross Misdemeanor Tampering With Physical Evidence Gross Misdemeanor Obstructing a Public Servant Misdemeanor Refusing to Summon Aid for Peace Misdemeanor Officer Resisting Arrest Misdemeanor Criminal Assist 1 - Relative Gross Misdemeanor Criminal Assist 1 - Non-Relative Class C felony Criminal Assist 2 - Relative Misdemeanor Criminal Assist 2 - Non-Relative Gross Misdemeanor Criminal Assist 3 Misdemeanor Compounding Gross Misdemeanor Escape 1 Class B felony Escape 2 Class C felony A � Escape 3 Gross Misdemeanor Introducing Contraband 1 Class B felony 23 i . CHARGE CLASSIFICATION Introducing. Contraband 2 Class C felony Introducing Contraband 3 Gross Misdemeanor Bail Jumping Murder 1 Class A felony Bail Jumping Class A felony Class B felony. Bail Jumping. Class B felony. Class C felony Bail Jumping Class C felony Gross Misdemeanor Bail Jumping Gross Misdemeanor/ Misdemeanor Misdemeanor Intimidating a Public Servant Class B felony Official Misconduct Gross Misdemeanor Riot With Deadly Weapon Class C felony Riot Without Deadly Weapon Gross Misdemeanor • Failure to Disperse Misdemeanor Disorderly Conduct Misdemeanor False Reporting Gross Misdemeanor Public Indecency Gross Misdemeanor Communication With a Minor Gross Misdemeanor For Immoral Purposes (if convicted of a felony sexual offense previously) Class C felony Prostitution Misdemeanor Promoting Prostitution 1 Class B felony Promoting Prostitution 2 Class C felony Permitting Prostitution Misdemeanor Indecent Liberties Class B felony f 26 9A. 20 .020 AUTHORIZED SENTENCES OF OFFENDERS STATUTE : 9A.20 .020 AUTHORIZED SENTENCES OF OFFENDERS . (1) Felony. Every person convicted of a classified felony shall be punished as follows : (a) For a class A felony , by imprisonment in a state correctional institution for a maximum term fixed by the court Of not less than twenty years or by a fine in an amount fixed by the court of not more than ten thousand dollars or by both such imprisonment and fine; (b) For a class B felony , by imprisonment in a state correct- tional institution for a maximum term of not more than ten years or by a fine in an amount fixed by the court of not more than ten thousand dollars or by both such imprisonment and fine; (c) For a class C felony, by imprisonment in a state correct- ional institution for a maximum term of not more than five years 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. (2) Gross Misdemeanor. Every person convicted of a gross misdemeanor. defined in Title 9A RCW shall be punished by imprisonment in the county jail 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 one thousand dollars or by both such imprisonment and fine. (3) Misdemeanor. Every person convicted of a misdemeanor defined in Title 9A RCW shall be punished by imprisonment in the county jail 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 five hundred dollars or by both such imprisonment and fine. 9A.20.030 ALTERNATIVE TO A FINE RESTITUTION STATUTE: 9A.20 .030 ALTERNATIVE TO A FINE--RESTITUTION. (1) If a person has gained money or property or caused a victim to lose money or property through the commission of a crime, upon conviction thereof the court, in lieu of imposing the fine authorized for the offense under RCW 9A.20 .020 , may order the defendant to pay an. amount, fixed by the court, not to exceed double the amount of the defendant' s gain or victim's loss from the commission of a crime. Such amount may be used to provide restitution to the victim at the order of the court. In such case, the court shall make a finding as to the amount of the defendant's gain or victim' s loss from the crime, and if the record does not contain sufficient evidence to support such finding the court may conduct a hearing upon the issue. For purposes of this section, the terms "gain" or "loss" refer to the amount of money or the value of property or services gained or lost. • (2) Notwithstanding any other provision of law, this section also applies to. any corporation or joint stock association found guilty of any crime. 27 • 9A.020 .040 PROSECUTIONS RELATED TO FELONIES DEFINED OUTSIDE TITLE 9A RCW STATUTE: 9A.20 .040 PROSECUTIONS RELATED TO FELONIES DEFINED OUTSIDE TITLE 9A RCW. In any prosecution under this title where the grade or degree of a crime is determined by reference to the degree of a felony. for which the defendant or another previously had been sought, arrested, charged, convicted, or sentenced, if such felony is defined by a statute in this state which is not in Title 9A RCW, unless otherwise provided: (1) If the maximum sentence of imprisonment authorized by law upon conviction of such felony is twenty years or more, such felony shall be treated as a class A felony for purposes of this title; (2). If the maximum sentence of imprisonment authorized by law upon conviction of such felony is eight years or more, but less than twenty years , such felony shall be treated as a class B felony for purposes of this title; (3) . If the maximum sentence of imprisonment authorized by law upon conviction of such felony is less than eight years , such felony shall be treated as a class C felony for purposes of this title. • 28 . CHAPTER 9A.28 RCW ANTICIPATORY OFFENSES STATUTE: 9A. 28.010 PROSECUTIONS BASED ON FELONIES DEFINED OUTSIDE TITLE 9A RCW 9A.28.020 CRIMINAL ATTEMPT 9A. 28.030 CRIMINAL SOLICITATION 9A.28.040 CRIMINAL CONSPIRACY SYNOPSIS: This chapter dealing with what has traditionally been refer- red to as the "inchoate" crimes , serves to simplify and clarify an area of law which has been in need of organizational classification and definition. In defining the actus reus required for violation of this chapter in terms of a substantial act (or specific act as in solicitation) , the new law requires more movement toward the crime than does existing law and thus requires apprehension of the criminal at a later point in time. The elimination of the "impossibility" defense, both in the factual and legal sense , broadens the ambit of these crimes but the most significant change is the "substantial step" test. It should be noted that this chapter, while eliminating the defense of impossibility as discussed in 9A.28.020 , does not statutorily address the defenses of "renunciation" or "abandonment" . This is a departure from the standard used in almost all of the jurisdictions which have recently revised their criminal laws . 29 • .9A. 28.010 PROSECUTIONS BASED ON FELONIES DEFINED OUTSIDE TITLE 9A STATUTE: 9A.28 .010 . PROSECUTIONS BASED ON FELONIES DEFINED OUTSIDE TITLE 9A RCW. In any prosecution under this title for attempt, solicitation, or conspiracy to commit a felony defined by a statute of this state which is not in this title, unless otherwise provided: (1) If the maximum sentence of imprisonment authorized by law upon conviction of such felony is twenty years or more, such felony shall be treated as a Class A felony for purposes of this title : (2) If the maximum sentence of imprisonment authorized by law upon conviction of such felony is eight years or more but less than twenty years , such felony shall be treated as a Class B felony for purposes of this title; (3) If the maximum sentence of imprisonment authorized by law upon conviction of such felony is less than eight years , such felony shall be treated as a Class C felony for purposes of this title. 9A.28.020 CRIMINAL ATTEMPT STATUTE: ) 9A. 28.020 CRIMINAL ATTEMPT. (1) A person is guilty of an attempt to commit crime if, with intent to commit a specific crime , he does any act which is a substantial step toward the commission of that crime. (2) If. the conduct in which a person engages otherwise con- stitutes an attempt to commit a crime , it is no defense to a prose- cution of such attempt that the crime charged to have been attempted was , under the attendant circumstances, factually or legally impossible of commission. .(3) An attempt to commit a crime is a: (a) Class A felony when the crime attempted is murder in the first degree: (b) Class B felony when the crime attempted is a class A felony other than murder in the first degree: (c) Class C felony when the crime attempted is a class B felony: (d) Gross misdemeanor when the crime attempted is a class C felony: (e) Misdemeanor when the crime attempted is a gross misdemeanor or misdemeanor. ELEMENTS OF OFFENSE: 1. With intent to commit a specific crime; 2 . Does any act which is a substantial step toward the commis- sion of that crime. 30 • CROSS-REFERENCES: 1. "Intent" - 9A.08. 010 (1) (a) . Page 10 2 . "Person" - 9A.04 .110 (17) . Page 7 PENALTIES: 1. Class A felony when the crime attempted is murder in the first degree - 9A. 20 .020 (1) (a) .. 2. Class B felony when the crime attempted is a Class A felony other than murder in the first degree - 9A.20 .020 (l) (b) . 3. Class C felony when the crime attempted is a Class B felony - 9A.20 .020 (l) (c) . 4. Gross misdemeanor when the crime attempted is a Class C felony - 9A.2.0 .020 (2) . 5. Misdemeanor when the crime attempted is a gross misdemeanor or misdemeanor - 9A. 20 .010 (3) . 31 9A. 28.030 CRIMINAL SOLICITATION STATUTE: 9A. 28.030 CRIMINAL SOLICITATION, (1) A person is guilty of criminal solicitation when, with intent to promote or facilitate the _commission of a crime , he offers to give or gives money or other. thing of value to another to engage in specific conduct which would constitute such crime or which would establish complicity of such other person in its commission or attempted commission had such crime been attempted or committed. (2) Criminal solicitation shall be punished in the same manner as criminal attempt under RCW 9A.28.020 . ELEMENTS .OF OFFENSE: 1. With intent to promote or facilitate the commission of a crime; 2 . Offers to give or gives money or other thing of value to another to engage in specific conduct which: a. Would constitute such crime or; b. Would establish complicity of such other person in its commission or attempted commission had such crime been attempted or committed. CROSS-REFERENCE: 1 . Attempt to commit crime - 9A.28 .020 . Page 30 2. Complicity - 9A. 08.020 . Page 30 3. "Intent" - 9A.08.010 (1) (a) . Page 10 PENALTIES: 1. Class A felony when the crime to be promoted or facilitated is murder in the first degree - 9A.20 .020 (1) (a) . 2 . Class B felony when the crime to be promoted or facilitated is a Class A felony other than murder in the first degree - 9A.20 .020 (1) (b) . 3. Class C felony when the crime to be promoted or facilitated is a Class B felony - 9A. 20 .020 (1) (c) . • 4 . Gross misdemeanor when the crime to be promoted or facili- tated is a Class C felony - 9A.20 .020 (2) . 5. Misdemeanor when the crime to be promoted or facilitated is a gross misdemeanor or misdemeanor - 9A.20 .020 (3) . 32 • 9A.28.040 CRIMINAL CONSPIRACY STATUTE: 9A. 28.040 CRIMINAL CONSPIRACY. (1) A person is guilty of criminal conspiracy when , with intent that conduct constituting a crime be performed, he agrees with one or more persons to engage in or cause the performance of such conduct, and any one of them takes a substantial step in pursuance of such agreement. (2) It shall not be a defense to criminal conspiracy that the person or persons with whom the accused is alleged to have conspired: (a) Has not been prosecuted or convicted; or (b) Has been convicted of a different offense; or (c) Is not amenable to justice; or (d) Has been acquitted; or (e) Lacked the capacity to commit an offense. (3) Criminal conspiracy is a: (a) Class A felony when an object of the conspiratorial agreement is murder in the . first degree; (b) Class. B felony when an object of the conspiratorial agreement is a Class A felony other than murder in the first degree; (c) Class C felony when an object of the conspiratorial agreement is a Class B felony; (d) Gross misdemeanor when an object of the conspiratorial agreement is a Class C felony; (e) Misdemeanor when an object of the conspiratorial agree- ment is a gross misdemeanor or misdemeanor. ELEMENTS OF OFFENSE: 1 . Intent that conduct constituting a crime be performed; 2. Agrees with one or more persons to engage in or cause the performance of such conduct, and 3. Any one of them takes a substantial step in pursuance of such agreement. CROSS-REFERENCES: 1. "Intent" - 9A.08.010 (1). (a) . Page 10 2 . "Person" - 9A.04 .110 (17) Page 7 3: Criminal Liability of Corporations - 9A.08 .030 (5) . Page 12 33 1 PENALTY: 1 . Class A felony when an object of the conspiratorial agreement is murder in the first degree - 9A. 20 .020 (i) (a) . 2 . Class B felony when an object of the conspiratorial agreement is a Class A felony other than murder in the first degree - 9A.20 .020 (1) (b) . 3. Class C felony when an object of the conspiratorial agreement is a Class B felony - 9A.20 .020 (2) . t 4 . Gross misdemeanor when an object of the conspiratorial agreement is a Class C felony - 9A.20 .020 (2) . 5. Misdemeanor when an object of the conspiratorial agreement is a gross misdemeanor - 9A. 20 . 020 (3) . 34 CHAPTER 9A. 32 RCW HOMICIDE STATUTE: 9A. 32 .010 HOMICIDE DEFINED 9A. 32 .020 PREMEDITATION--LIMITATIONS 9A. 32.030 MURDER IN THE FIRST DEGREE 9A. 32 .030 MURDER IN THE FIRST DEGREE--SENTENCE 9A. 32 .045 AGGRAVATED MURDER IN THE FIRST.' DEGREE 9A. 32 .046 AGGRAVATED MURDER IN THE FIRST DEGREE--PENALTY 9A. 32 .047 AGGRAVATED MURDER IN THE FIRST DEGREE-- LIFE IMPRISONMENT 9A. 32.050 MURDER IN THE SECOND DEGREE 9A. 32 .06.0 MANSLAUGHTER IN THE FIRST DEGREE 9A. 32 .070 MANSLAUGHTER IN THE SECOND DEGREE • SYNOPSIS: This chapter which deals with the most serious of offenses known to criminal law--the unlawful taking of the life of another-- is marked by several changes from prior law. The phrase "death occuring within three years and a day" has been omitted, thereby reviving the common law rule of "a year and a day. " The term premeditation is codified and changed to require more than "a moment in time. The felony murder rule is changed to reflect case law inter- pretation and the crimes subject to the felony murder rule have been revised, i.e .., additions and deletions have been made . A new capital punishment law as passed by the electorate • (initiative 316) provides for mandatory capital punishment for "aggravated murder" in the first degree. This new law presents questions as to certain internal aspects , and of course awaits 35 1 Homicide-Synopsis the U.S. Supreme Court decision of Fowler v. North Carolina, et. al. The manslaughter sections have been restructured to provide for two degrees : the first degree of which results from "recklessly" causing the death of another or from the intentional killing of an "unborn quick child" ; the second degree resulting from the "criminally negligent" killing of another. 9A.32. 010 HOMICIDE DEFINED STATUTE: 9A. 32 .010 HOMICIDE DEFINED. Homicide is the killing of a human being by the act, procurement or omission of another and • is either (1) murder, (2) manslaughter, (3) excusable homicide, or (4) justifiable homicide. 1 9A. 32 .020 PREMEDITATION--LIMITATIONS STATUTE: 9A. 32 .020 PREMEDITATION--LIMITATIONS. (1) As used in this chapter, the premeditation required in order to support a conviction of the .crime of murder in the first degree must involve more than a moment in point of time. (2) Nothing contained in this chapter shall affect RCW 46.61. 520 . 36 • 9A. 32.030 MURDER IN THE FIRST DEGREE 9A. 32.040 MURDER IN THE FIRST DEGREE--SENTENCE STATUTE: 9A. 32.030 MURDER IN THE FIRST DEGREE. A person is guilty of murder in the first degree when: (a) With a premeditated intent to cause the death of another person, he causes the death of such person or of a third person; or (b) Under circumstances manifesting an extreme indifference to human life , he engages in conduct which creates a grave risk of death to any person, and thereby causes the death of a person; or (c) He commits or attempts to commit the crime of either (1) robbery, in the first or second degree, (2) rape in the first or second degree, (3) burglary in the first degree, (4) arson in the first degree, or (5) kidnaping, in the first or second degree, and inthe course of and: in furtherance of such crime or in immediate flight therefrom, he, or another participant, causes the death of a person other than one of the participants ; except that in any prose- cution under this subdivision (1) (c) in which the defendant was not the only participant in the underlying crime, if established by the defendant by a preponderance of the evidence, it is a defense that the defendant: (i) Did not commit the homicidal act or in any way solicit , request, command, importune, cause, or aid the commission thereof: and (ii) Was not armed with a deadly weapon, or any instrument, article, or substance readily capable of causing death or serious physical injury; and (iii) Had no reasonable grounds to believe that any other part- icipant was armed with such a weapon, instrument, article, or sub- stance; and (av) Had no reasonable grounds to believe that any other partici- pant intended to engage in conduct likely to result in death or serious physical injury. (2) Murder in the first degree is a Class A felony. 9A. 32.040 MURDER IN THE FIRST DEGREE--SENTENCE. Notwithstanding section 9A. 32.030 (2) , any person convicted of the crime of murder in the first degree shall be sentenced to life imprisonment. ELEMENTS OF OFFENSE: 1. With a premeditated intent to cause the death of another person , 2. Causes the death of such person or of a third person or 37 1. Under circumstances manifesting an extreme indifference to human life, 2 . Engages in conduct which creates a grave risk of death to any person, and 3. Thereby causes the death of a person or 1. In the course of, furtherance of, or immediate flight from, the commission or attempted commission of: a. Robbery lst or 2nd b. Rape 1st or 2nd c. Burglary 1st d. Arson 1st e. Kidnaping 1st or 2nd 2. Causes , or another participant causes , the death of a non-participant. CROSS-REFERENCES: • 1. "homicide" - 9A.' 32 .010 . Page 36 ) 2. , "intent" - 9A.0 8.010 (1) (a) . Page 10 3. "homicide" - 9A. 32.010 . Page 36 4 . Arson in the first degree - 9A.48 .020 . Page 61 5 . Attempt to commit crime - 9A.28.020 Page 30 6 . Burglary in the first degree - 9A. 52 .020 . Page 71 7. Excusable homicide - 9A. 16 .030 . Page 17 8. Justifiable homicide - 9A.16 .040 and 9A. 16 .050 . Page 17, 9 . Kidnaping in the first degree - 9A. 40 .020 . Page 55 10 . Kidnaping in the second degree - 9A.40 .030 . Page 56 11. Premeditation - 9A. 32 .020 . Page 36 12 . Rape in the first degree - 9 . 79 .170 (Section 4 , Chapter 14 . Page 180 38 i • Laws of 1975 1st ex. Bess . , as amended) . 13 . Rape in the second degree - 9 .79 .180 (Section 5 , Chapter 14) .Pg 180 14 . Robbery in the first degree - 9A.56 .200 . Page 98 15. Robbery in the second degree - 9A. 56 .210 . Page 99 .PENALTY: Class A felony - Shall be sentenced to life imprisonment - 9A. 20.020 (1) (a) and 9A. 32.040 . 9A. 32.045 AGGRAVATED MURDER IN THE FIRST DEGREE 9A. 32 .046 AGGRAVATED MURDER IN THE FIRST DEGREE--PENALTY 9A.32.047 AGGRAVATED MURDER IN THE FIRST DEGREE--LIFE IMPRISONMENT STATUTE: • 9A. 32.045 AGGRAVATED MURDER IN THE FIRST DEGREE. A person is . guilty of aggravated murder in the first degree when he commits murder in the first degree as defined in RCW 9A. 32 .030 under or accompanied by any of the following circumstances : (1) The victim was a law enforcement officer, or fire fighter and was performing his or her official duties at the time of the killing. (2) At the time of the act resulting in the death, the defendant was serving a term of imprisonment in a state correctional institution. (3) The defendant committed the murder pursuant to an agreement that he receive money or other thing of value for committing the murder. (4) The defendant had solicited another to commit the murder And had paid or agreed to pay such person money or other thing of value for committing the murder. (5) The defendant committed the murder with intent to conceal the commission of a crime , or to protect or conceal the identity of any person committing the same, or with intent to delay, hinder or obstruct the. administration of justice by preventing any person from being a .witness or producing evidence in any investigation or proceeding authorized by law or by influencing any person 's official action as a juror. (6) There was more than one victim and the said murders were part .of a common scheme or plan , or the result of a single act of the defendant. • (7) The defendant committed the murder in the course of or in furtherance of the crime of rape or kidnaping or in immediate flight therefrom. 39 • 9A. 32 .046 AGGRAVATED MURDER IN THE FIRST DEGREE--PENALTY. A person found guilty of aggravated murder in the first degree as defined in RCW 9A. 32 .045 , shall be punished by the mandatory sentence of death. Once a person is found guilty of aggravated murder in the first degree, as defined in RCW 9A. 32 .045 , neither the court nor the jury shall have the discretion to suspend or defer the imposition or execution of the sentence of death. Such sentence shall be auto- matic upon any conviction of aggravated first degree murder. The death sentence shall take place at the state penitentiary under the direction of and pursuant to arrangements made by the superintendent thereof: PROVIDED, That the time of such execution shall be set by the trial judge at the time of imposing sentence and as a part thereof. 9A.32.04.7 AGGRAVATED MURDER IN THE FIRST DEGREE--LIFE IMPRISON- MENT. In the event that the governQr' commutes death sentence or in the event that the dealth penalty is held to be unconstitutional by the United States supreme court or the supreme court of the state of Washington in any of the circumstances specified in RCW 9A. 32 .045 , the penalty for aggravated murder in the first degree in those circum- stances shall be imprisonment in the state penitentiary for life. . A person sentenced to life imprisonment under this section shall not have that sentence suspended, deferred, or commuted by any • judicial officer, and the board of prison terms and paroles shall never parole a prisoner or reduce the period of confinement nor release the convicted person as a result of any automatic good time calculation nor shall the department of social and health services permit the convicted person to participate in any work release or furlough program. ELEMENTS OF OFFENSE: 1. Commits murder in the first degree; 2 . Under or accompanied by any of the following circumstances: a. Victim was : i. A law enforcement officer or fire fighter; ii. Performing his or her official duties at the time of the killing; or b. Defendant was : i. At the time of the act resulting in the death; ii. Serving a term 'of imprisonment in a state correctional • institution; or C. Defendant had: i. Solicited another to commit the murder; 40 l ii. Paid or agreed to pay; (1) Such person money or other thing of value; (2) For committing the murder; or d. Defendant committed the murder with any of the following intents : i. To conceal the commission of a crime ; or 9A. 32.045 9A. 32.046-2 9A. 32 .047 ii. To protect or conceal the identity of any person committing the same ; or iii. To delay, hinder or obstruct the administration of justice by.- (1) y:(1) Preventing .any person from being a witness or producing evidence in any investigation or • proceeding authorized by law; or (2) Influencing any person 's official action as a juror; or e. There was. more than one victim and said murders were : (1) Part of a common scheme or plan; or (2) The result of a single act of the defendant; or f. Defendant committed the murder: i. In the course of or in furtherance of the crime of: (1) Rape; or (2) Kidnapping; or ii. In immediate flight therefrom. Al Abu OSS-REFERENCES: 1. "acted" - 9A.04 . 110 (1) .. Page 6 2. "intent" - 9A.08.010 (1) (a) . Page 10 3. "officer" - 9A.04.110 (15) .. Page 7 4 . "person" - 9A.04 .110 (17) . Page 7 5. "prison" - 9A.0.4 .110 (19) .. Page 7 6. Criminal solicitation - 9A.28.030 . Page 32 7. Kidnapping in the first degree - 9A.40 .020 . Page 55 8. Murder in the first degree - 9A. 32 .030 . Page 37 9 . Rape in the first degree - 9 . 79 .170 (Section 4 , Chapter 14 , Laws of 1975 1st ex. sess . , as amended) . Page 180 10. Solicitation and complicity - 9A.08.020 (3) (a) (i) . Page 11 11. Solicitation of agents or by corporations - 9A.08.030 (2) (b) . Pg 12 • 9A. 32 .050 MURDER IN THE SECOND DEGREE STATUTE: 9A. 32 .050 MURDER IN THE SECOND DEGREE. (1) A person is guilty of murder in the second degree when: (a) With intent to cause the death of another person but without premeditation, he causes the death of such person or of a third person; or (b) He commits or attempts to commit any felony other than those enumerated in section 9A. 32 .030 (1) (c) , and , in the course of and in furtherance of such crime or in immediate flight there= from, he or another participant,. causes the death of a person other than one of the participants : except that in any prosecution under this subdivision (1) (b) in which the defendant was not the only participant in the underlying crime , if established by the defendant. by a preponderance of the evidence , it is a defense that the defendant: (i) Did not commit the homicidal act or in any way solicit , request , command , importune , cause , or aid the commission thereof; and (ii) Was not armed with a deadly weapon , or any instrument, article, or substance. readily capable of causing death or serious physical injury; and p (iii) Had no reasonable grounds to believe that any other articipant was armed with such a weapon, instrument , article , or ; substance; and (iv) Had no reasonable grounds to .believe that any other participant intended to engage in conduct likely to result in death or serious physical injury. 42 • (2) Murder in the second degree is a Class A felony. ELEMENTS OF OFFENSE: 1 . With intent to cause the death of another person without premeditation, 2. Causes .the death of such person or of a third person or 1. In the course of, furtherance of, or immediate flight from, the commission or attempted commission of any felony other than those specified in Murder lst statute, 2 . Causes , or another participant causes , the death of a non- participant. CROSS-REFERENCES: 1. "homicide" - 9A. 32 .010 . Page 36 2. "intent" - 9A.08.010 (1) (a) . Page 10 . 3. "person" - 9A.04 . 110 (17) . Page 7 4. Arson in the first degree - 9A.48.020 . Page 61 5. Attempt to commit crime - 9A. 28 .020 . Page 30 6 . Burglary in the first deg.ree _- 9A. 52 .020 . Page 71 7. Excusable homicide - 9A. 16 .030 . Page 17 8. Felony - 9A: 20 .010 (1) ; 9A. 28 .010 . Pages 21 & 30 9 . Justifiable homicide - 9A. 16 .040 and 9A. 16 .050 . Page 17 10 . Kidnaping in the first degree - 9A.40 .020 . Page 55 11. Kidnaping in the second degree - 9A. 40 .030 . Page 56 12. Rape in the first degree - 9 .79 .170 (Section 4 , Chapter 14 , Laws of 1975 lst ex. sess . , as amended) . Page 180 13. Rape in the second degree - 9. 79 .180 (Section 5, Chapter 14 , Laws of 1975 lst ex. sess) . Page 181 14 . Robbery in the first degree - 9A.56 . 200 . Page 98 15. Robbery in the second degree - 9A.56 . 210 . Page 99 43 PENALTY: Class A felony - 9A. 20 .020 (1) (a) . 9A:32 .060 MANSLAUGHTER IN THE FIRST DEGREE STATUTE: 9A. 32 .060 MANSLAUGHTER IN THE FIRST DEGREE. (1) A person is guilty of manslaughter in the first degree when: (a) He recklessly causes the death of another person; or (b) He intentionally and unlawfully kills an unborn quick child by inflicting any injury upon the mother of such child. (2) Manslaughter in the first degree is a Class B felony. ELEMENTS OF OFFENSE: 1. Recklessly 2 . Causes death of another person or 1. Intentionally and unlawfully 1 2. Kills an unborn quick child 3 . By inflicting any injury upon the mother of such child. CROSS-REFERENCES : 1. "bodily injury" - 9A.04.110 (4) . Page 6 2 . "homicide" - 9A. 32 .010. Page 36 3. "intentionally" - 9A.08.010 (1) (a) . Page 10 4 . "knowingly" 9A.08.010 (l) (b) . Page 10 5. "person" - 9A.04 . 110 (17) . Page 7 6 . "recklessly" - 9A.08.010 (1) (c) . Page 10 7. Excusable homicide - 9A. 16 .030 . Page 17 8. Justifiable homicide - 9A.16 .040 and 9A.16 .050 . Page 17 44 • PENALTY: Class B felony - 9A.20 .020 (1) (b) . 9A. 32.070 MANSLAUGHTER IN THE SECOND DEGREE STATUTE 9A. 32 .070 MANSLAUGHTER IN THE SECOND DEGREE. (1) A person is guilty of manslaughter in the second degree when, with criminal negligence, he causes the death of another person. (2) Manslaughter in the second degree is a Class C felony. ELEMENTS OF 'OFFENSE: 1. With criminal negligence 2. Causes death of another person CROSS-REFERENCES : r • 1. "criminal negligence" - 9A.08.010 (1) (d) . page 10 h 2 . "homicide" 9A. 32 .010 . Page 36 3. "person" - 9A.04. 110 (17) . Page 7 4 . Excusable homicide - 9A. 16 .030 . Page 17 5. Justifiable homicide- - 9A. 16 .040 and 9A. 16 .050 . Page 17 PENALTY: Class C felony - 9A.20 .020 (1) (c) . 45 • CHAPTER 9A. 36 RCW ASSAULT AND OTHER CRIMES INVOLVING PHYSICAL HARM STATUTE: 9A. 36 .010 ASSAULT IN THE FIRST DEGREE 9A. 36 .020 ASSAULT IN THE SECOND DEGREE 9A. 36 .030 ASSAULT IN THE THIRD DEGREE 9A. 36 .040 SIMPLE ASSAULT 9A. 36 .050 RECKLESS ENDANGERMENT 9A. 36 .060 PROMOTING A SUICIDE ATTEMPT 9A. 36 .070 COERCION SYNOPSIS: This chapter re-enacts and re-assembles prior assault law • into four categories of assault. In addition, the crimes of 1 promoting a suicide attempt and coercion along with the new offense of reckless endangerment are included in this chapter dealing with physical harm or potential harm to persons. In structuring .these crimes , the chapter uses a basis of: (1) defendant 's culpability or motivation for the action; (2) the intent or objective of the defendant (as opposed to the seriousness of the injury inflicted) ; and (3) the dangerousness of the means employed. This new approach punishes not only the traditional "intentional" assault , but also reckless conduct which creates a substantial risk of death or serious physical injury to others . 46 t • 9A. 36 .010 ASSAULT IN THE FIRST DEGREE STATUTE: 9A. 36 .010 ASSAULT IN THE FIRST DEGREE. (1) Every person who with intent to kill a human being, or to commit a felony upon the person or property of the one assaulted, or of another, shall be guilty of assault in the first degree when he: (a) Shall assault another with a firearm or any deadly weapon or by any force or means likely to produce death; or (b) Shall administer to or cause to be taken by another, poison or any other destructive or noxious thing so as to endanger the life of another person. (2) Assault in the first degree is a Class A felony. ELEMENTS OF OFFENSE: 1. With intent to kill a human being or to commit a felony upon person or property, 2 . Assaults another with a. A firearm, or b. Any deadly weapon, or C. Any force or means likely to produce death, or 3. Administers to another, or causes to be taken by another, any a. Poison, or b. Other destructive or noxious thing So as to endanger the life of another person. CROSS-REFERENCES: 1. "deadly weapon" - 9A.04 .110 (6) . Page 6 2 . "intent" - 9A.08.010 (1) (a) . Page 10 3. "person" - 9A.04 . 110 (17) . Page 7 4. "property" - 9A.04 . 110 (21) . Page 7 5 . Felony - 9A.20 .020 (1) (a) . Page 27 PENALTY: Class A felony - 9A.20 .020 (1) (a) . Page 27 CID 47 9A. 36 .020 ASSAULT IN THE SECOND DEGREE 9A. 36 .020 ASSAULT IN THE SECOND DEGREE. (1) Every person who, under circumstances not amounting to assault in the first degree shall be guilty of assault in the second degree when he : (a) With intent to injure, shall unlawfully administer to or cause to be taken by another, poison or any other destructive or noxious thing, or any drug or medicine the use of which is dangerous to life or health; or (b) Shall knowingly inflict grevious bodily harm upon another with or without a weapon; or (c) Shall knowingly assault another with a weapon or other instrument or thing likely to produce bodily harm; or (d) Shall knowingly assault another with intent to commit a felony; or (e) With criminal negligence, shall cause physical injury to another person by means of a weapon or other instrument or thing likely to produce bodily harm. (2) Assault in the second degree is a Class B felony. ELEMENTS OF OFFENSE: 1. With intent to injure 2 . Unlawfully administer to another, or cause to be taken by another, any a. Poison, or b. Other destructive or noxious thing, or C. Drug or medicine, the use of which is dangerous to human life. or 1 . Knowingly 2. Inflict grievous bodily harm upon another 3. With or without a weapon or 48 • 1. Knowingly 2. Assault another with: a. A weapon, or b. Other instrument or thing likely to produce bodily harm. or 1. Knowingly 2 . Assault another 3. With intent to commit a felony or 1. With criminal negligence 2 . Cause physical injury to another by means of • a. A weapon, or b. Other instrument or thing likely to produce bodily harm. CROSS-REFERENCES: 1. "bodily injury" - 9A.04 .110 (4) . Page 6 2 . "intent" - 9A.08.010 (i) (a) . Page 10 3. "person" - 9A.04 .110 (17) . Page 7 4 . "physical injury" - 9A.04 . 110 (4) . Page 6 5 . "property" - 9A.08.110 (21) . Page 7 6. Assault in the first degree - 9A. 36 .010 . Page 47 7. Criminal Negligence - 9A.08.010 (1) (d) . Page 10 8. Felony - 9A.20 .010 (1) ; 9A.28.010 . Pages 21 & 30 PENALTY: Class B Felony - 9A. 20 .020 (1) (b) . 49 • 9A. 36 .030 ASSAULT IN THE THIRD DEGREE 9A. 36 .030. ASSAULT IN THE THIRD DEGREE. (1) Every person who, under-circumstances not amounting to assault in either the first or second degree, shall assault another with intent to pre- vent or .resist the execution of any lawful process or mandate of any court officer, or the lawful apprehension or detention of himself or another person shall be guilty of assault in the third degree. ELEMENTS OF OFFENSE: 1. Assault another 2. With intent a-. To prevent or resist the execution of any lawful process or mandate of any court officer, or b. To prevent or resist the lawful apprehension or detention of himself or another person. CROSS-REFERENCES: 1. "intent" - 9A.08 .010 (1) (a) . Page 10 2. "person" - 9A.04. 110 (17) . . Page 7 3. Assault in the first degree - 9A. 36 .010 . Page 47 4 . Assault in the second degree - 9A. 36 .020 . Page 48 PENALTY: Class C felony - 9A. 20 .020 (1) (c) . 9A. 36 ,040 SIMPLE ASSAULT . 9A. 36.040 SIMPLE ASSAULT. (1) Every person who shall commit an assault or an assault and battery not amounting to assault in either the first, second, or third degree shall be guilty of simple assault. (2) Simple assault is a gross misdemeanor. 00 • ELEMENTS OF OFFENSE: 1 . Commit an assault, or an assault and battery , not amounting to a. Assault lst b . Assault 2nd or c. Assault 3rd CROSS-REFERENCES: 1. "person" - 9A.04. 110 (17) . Page 7 2 . Assault in the first degree 9A.36 .010 . Page 47 3. Assault in the second degree - 9A. 36 .020 . Page 48 4 . Assault in the third degree - 9A. 36 .030 . Page 50 PENALTY: Gross misdemeanor - 9A.20.020 (2) . 9A. 36 .05.0 RECKLESS ENDANGERMENT 9A. 36 .050 RECKLESS ENDANGERMENT. (1) A person is guilty of reckless endangerment when he recklessly engages in conduct which creates substantial risk of death or serious physical injury to another person . (2) Reckless endangerment is a gross misdemeanor. ELEMENTS OF OFFENSE: 1. Recklessly 2 . Engages in conduct which creates a. Substantial risk or death to another person, or b. Substantial risk of serious physical injury to another person. CROSS-REFERENCES: 1. "person" - 9A.04 . 110 (17) . Page 7 2 . "physical injury" 9A.04 . 110 . Page 7 3. "recklessness" - 9A.08. 010 (1) (c) . Page 10 i PENALTY: Gross misdemeanor - 9A.20 .020 (2) . 9A. 36 .060 PROMOTING A SUICIDE ATTEMPT 9A. 36 .060 PROMOTING A SUICIDE ATTEMPT. (1) A person is guilty of promoting a suicide attempt when he knowingly causes or aids another person to attempt suicide. (2) Promoting a suicide attempt is a Class C felony. ELEMENTS OF OFFENSE: 1. Knowingly 2. Causes or aids another person to attempt suicide CROSS-REFERENCES: 1 . "knowingly" - 9A.0 8.010 (1) (b) . Page 10 2 . "person" - 9A.04.110 (17) . Page 7 PENALTY: Class C felony - 9A.20 .020 (1) (c) . 9A. 36 .070 COERCION 9A. 36 .070 - COERCION. (1) 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. (2) . "Threat" as used in this section means : (a) To communicate, directly or indirectly, the intent immediately to use force against any person who is present at the time; or (b) Threats as defined in RCW 9A.04 .110 (25) (a) , (b) , or (c) . (3) Coercion is a gross misdemeanor. i. 52 IIS ELEMENTS OF OFFENSE: 1 . By use ,of threat 2 . Compels or induces a person to a. Engage in conduct which the latter has a legal right to abstain from, or b. Abstain from conduct which he has a legal right to engage in. CROSS-REFERENCES: 1. "intent" - 9A.08.010 (1) (a) . Page 10 2 . "person" - 9A.04 .110 (17) . Page 7 3. "threat" - 9A.04 . 110 (25) (a) , (b) , (c) ; 9A. 36 .070 (2) (a) . pages 7&52 4. Extortion - 9A.56 .110- .130 . Page 90 PENALTY: Gross misdemeanor - 9A.20 .020 (2) . 53 CHAPTER 9A.40 RCW KIDNAPING, UNLAWFUL IMPRISONMENT, AND CUSTODIAL INTERFERENCE STATUTE: 9A.40.010 DEFINITIONS 9A.40 ..020 KIDNAPING IN THE FIRST DEGREE 9A.40 .030 KIDNAPING IN. THE SECOND DEGREE 9A.40.040 UNLAWFUL IMPRISONMENT 9A.40 .050 CUSTODIAL INTERFERENCE SYNOPSIS: This new chapter contains revised first and second degree kidnaping sections and two new sections (Unlawful Imprisonment and Custodial Interference) which deal with lesser forms of unlawful • interference with liberty or custody. The four substantive offenses are built around two key definitions : "abduction" and "restraint." Both the kidnaping sections require an intent- ional abduction, the difference between then being the first degree's requirement of proof that the victim was kidnaped to accomplish a further purpose, e.g. the obtaining of ransom, to inflict injury, etc. The new section on unlawful imprisonment has as its key element the use of "restraint" by the actor, restraint being defined as something less than abduction. This new section of law may find application in "unlawful" arrest situations . As worded knowingly restraints another - this Class C felony section could have harsh results. 054 The final section in this chapter, Custodial Interference , a gross misdemeanor, is intended to apply to child custody disputes. 9A. 40.010 DEFINITIONS STATUTE: 9A.40 .010 KIDNAPING. (1) "restraint" means to restrict. a person' s movements without consent and without legal authority in a manner which interferes substantially with his liberty. Restraint is "without consent" if it is accomplished by (a) physical force., intimidation, or deception, or (b) any means in- cluding acquiescence of the victim, if he is a child less than sixteen years old or an incompetent person and if the parent, • guardian, or. other person or institution having lawful control or custody of him has not acquiesced. (2) . "Abduct" means to restrain a person by either (a) secret- ing or holding him in a place where he is not likely to be found , or (b) using or threatening to use deadly force; (3) "Relative" means an ancestor, descendant, or sibling, including a relative of the same degree through marriage or adopt- ion, or a spouse. 9A.40 .020 KIDNAPING IN THE FIRST DEGREE STATUTE: 9A.40 .020 KIDNAPING IN THE FIRST DEGREE. (1) A person is guilty of kidnaping in the first degree if he intentionally abducts another person with intent: (a) To hold him for ransom or reward, or as a shield or hostage; or (b) To facilitate commission of any felony or flight there- after; or (c) To inflict bodily injury on him; or (d) To inflict extreme mental distress on him or a third person; or (e) To interfere with the performance of any governmental function. (2) Kidnaping in the first degree is a Class A felony. 55 . ELEMENTS OF OFFENSE: 1 . Intentionally 2. Abducts another person 3. with intent to a. Hold him for ransom, reward, shield, hostage, or b. facilitate commission of any felony or flight thereafter, or C. Inflict bodily injury on him, or d. Inflict extreme mental distress on him or a third person, or e. Interfere with the performance of any governmental function. CROSS-REFERENCES: 1. "abducts" - 9A.40 .010 (2) . Page 55 2. "bodily injury" - 9A.04 .110 (4) . Page 6 3. "governmental function" - 9A.04 .110 (9) . Page 6 • 4. "intent" and "intentionally" - 9A.09 .010 (1) (a) . Page 10 5. "person" - 9A.04 .110 (17) . Page 7 6. Felony - 9A.20 .010 (1) ; 9A.28.010 . Pages 21 ,30 PENALTY: Class A felony - 9A.20.020 (1) (a) . 9A.40 .030 . KIDNAPING IN THE SECOND DEGREE STATUTE: 9A.40 .030 KIDNAPING IN THE SECOND DEGREE. (1) A person is guilty of kidnaping in the second degree if he intentionally abducts another person under circumstances not amounting to kidnaping in the first degree. (2) In any prosecution for ki6naping in the second degree, it is a defense if established by the defendant. by a preponderance . of the evidence that (a) the abduction does not include the use of or intent to use or threat to use deadly force, and (b) the actor is a relative of the person abducted, and (c) the actor's sole intent is to assume custody of that Iperson. Nothing contained • in this paragraph shall constitute a defense to a prosecution for, or preclude a conviction of, any other crime. j (3) Kidnaping in the second degree is a class B felony. • ELEMENTS OF OFFENSE: 1 . Intentionally 2 . Abducts another person CROSS-REFERENCES: 1. "abducts" - 9A.40 .010 (2) . Page 55 2 . "actor" - 9A.04.110 (2) . Page 6 3. "intent" and "intentionally" - 9A.08.010 (1) (a) . Page 10 4 . "person" - 9A.04.110 (17) . Page 7 5. Kidnaping in the first degree - 9A.40 .020 . Page 55 PENALTIES: Class B felony - 9A. 20 .020 (1) (b) . • 9A.40 .040 UNLAWFUL IMPRISONMENT STATUTE: 9A.40 .040 UNLAWFUL IMPRISONMENT. (1) A person is guilty of unlawful imprisonment if he knowingly restrains another person. (2) Unlawful imprisonment is a Class C felony. ELEMENTS OF OFFENSE: 1 . Knowingly 2 . Restrains another CROSS-REFERENCES: 1. "knowingly" - 9A.08 .010 (1) (b) . Page 10 2. "person" - 9A.04 . 110 (17) . Page 7 3. "restrain" - 9A.40 .010 (1) . Page 55 PENALTY: Class C felony - 9A.20 .020 (1) (c) . 5'7 i 9,A.40 .050 CUSTODIAL INTERFERENCE STATUTE: ; 9A.40.050 CUSTODIAL INTERFERENCE. (1) A person is guilty of custodial interference if, knowing that he has no legal .right to do so, he takies .or entices from lawful custody any incompetent person or other perspn entrusted by authority of law to the custody of another person or institution. (2) Custodial interference is a gross misdemeanor. ELEMENTS OF OFFENSE: 1. Knowing that he has no legal right to do so, 2. Takes or entices from lawful custody a. Any incompetent person, or b. Other person entrusted by authority of law to the custody of another person or institution. CROSS-REFERENCES: 1. "knowledge" - 9A.08.010 (1) (b) . Page 10 2. "person" - 9A.04 .110 (17) . Page 7 PENALTY: Gross Misdemeanor - 9A.20 .020 (2) . 58 CHAPTER 9A.4,8 RCW ARSON, RECKLESS BURNING, AND MALICIOUS MISCHIEF STATUTE: 9A.48.010 DEFINITION 9A.48.020 ARSON IN THE FIRST DEGREE 9A.48.030 ARSON IN THE SECOND DEGREE 9A.48.040 RECKLESS BURNING IN THE FIRST DEGREE 9A.48.050 RECKLESS BURNING IN THE SECOND DEGREE 9A.48.060 RECKLESS BURNING -- DEFENSE 9A.48.070 MALICIOUS MISCHIEF IN THE FIRST DEGREE 9A.48.080 MALICIOUS MISCHIEF IN THE SECOND DEGREE 9A.48.090 MALICIOUS MISCHIEF IN THE THIRD DEGREE 9A.48.100 MALICIOUS MISCHIEF -- "PHYSICAL DAMAGE" DEFINED SYNOPSIS: , . The rationale of this chapter is two-fold. The protection of human life and safety and the protection of property. The chapter provides for two descending grades of arson., graded according to whether or not there is a danger to human life or whether or not described property .(see 9A. 48.030) is involved. The chapter also provides for the less serious crimes of reckless burning and malicious mischief. Unlike prior law this "lesser" crime of malicious mischief is graded in three degrees paralleling the theft guidelines of dollar value. Also unlike prior law which delineated most malicious mischief type offenses (see Chapter 9 .61 RCW) as misdemeanors , these sections set the penalty at a • Class B felony, Class C felony or gross misdemeanor, depending upon 59 the amount of damage or the interruption of "necessary" services 1 to the public. The new offense of reckless burning replaces the type of criminal activities found in Chapter 9 .40 RCW - crimes relating to fires. In doing so it does away with the prior mens rea re- quirements and substitutes the new (Title 9A) degree of culpability recklessness . The offenses are grades as a Class C felony or gross misdemeanor depending. on whether actual damage results . i l z 1 CO 9A. 48.010 DEFINITIONS STATUTE: 9A.48 .010 DEFINITIONS. (1) For the purpose of this Chapter, as now or hereinafter amended, unless the context indicates other- wise.- (a) ther- wise:(a) "Building" has the definition in 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; (b) "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. (2) To constitute arson it shall not be necessary that a person other than the actor should have had ownership in the build- ing or structure damaged or set on fire. 9A. 48.020 ARSON IN THE FIRST DEGREE • STATUTE: . 9A. 48.020 ARSON IN THE FIRST DEGREE. (1) A person .is guilty of arson ET-the first degree if he knowingly and malici- ously: (a) Causes a fire or explosion which is manifestly dangerous to any human life including firemen; or (b) Causes a fire or explosion which damages a dwelling; or (c) Causes a fire or explosion in any building in which there shall be at the time a human being who is not a participant in the crime.. (2) Arson in the .first degree is a Class A felony. ELEMENTS OF OFFENSE: 1 . Knowingly and maliciously 2 . Causes a fire or explosion a. Which is manifestly dangerous to any numan life including firemen, or b. In any building in which there shall be at the time a human being who is not a participant in the crime. • 61 CROSS-REFERENCES: 1. "building" - 9A.48.010 (1) (a) - 9A.04. 110 (5) . Page 61 , 6 ' 2 . "damages" - 9A.48.010 (l) (b) . Page 61 3. "knowingly" - 9A.08.010 (1) (b) . Page 10 4 . "dwelling - 9A.04 .110 (7) . Page 6 5. "maliciously" - 9A.04 . 110 (12) . Page 6 6 . "person 9A.04.110 (17) . Page 7 7. "property" - 9A.04 .110 (21) . Page 7 8. "vehicle" - .9A.04.110 (26) . Page 8 9 . Ownership of building or structure - 9A.48.010 (2) . Page 61 PENALTY: Class A felony - 9A. 20 .020 (1) (a) . 9A.48.030 ARSON IN THE SECOND DEGREE STATUTE: 9A.48.030 ARSON. IN THE SECOND DEGREE. (1) A person is guilty of. arson in the second degree if he knowingly and maliciously causes a fire or explosion which damages a building, or any structure or erection appurtenant to or joining any building, or any wharf, dock, machine, engine, automobile, or other motor vehicle, watercraft, aircraft, bridge, or trestle , or hay, grain, crop, or timber, whether cut or standing or any range land, or pasture land, or any fence, or any lumber, .shingie, or other timber products, or any property. (2) Arson in the second degree is a Class B felony. ELEMENTS OF OFFENSE: 1. Knowingly and maliciously 2 . Causes a fire or explosion which damages a. A building, or any structure or erection appurtenant to or joining any building, or ® b. Any property. 62 • CROSS-REFERENCES: 1. "building" - 9A.48.010 (1) (a) - 9A.04 .110 (5) . Pages 61,6 2 . "damage" - 9A.48.010 (1) (b) . Page 61. 3. "knowingly" - 9A.08.010 (1) (b) . Page 10 4 . "person" - 9A.04.110 (17) . Page 7 5. "maliciously" - 9A.04 .110 (12) . Page 6 6. "recklessly - 9A.08. 010(1) (c) . Page 10 7. "vehicle" - 9A.04 .110 (26) . Page 8 PENALTY: Class B felony - 9A.20 .020 (l) (b) . 9A.48.040 RECKLESS BURNING IN THE FIRST DEGREE • STATUTE: . 9A. 48.040 RECKLESS BURNING IN THE FIRST DEGREE. (1) A person is guilty of reckless burning in the first degree if he recklessly damages a building or other structure or any vehicle, railway car, aircraft or watercraft or any hay, grain, crop, or timber whether cut or standing, by knowingly causing a fire or explosion. (2) Reckless burning in the first degree is a Class C felony. ELEMENTS OF OFFENSE: 1. Recklessly 2 . Damages building or other structure, vehicle, railway car, aircraft, .watercraft, hay, grain, crop, or timber 3. By knowingly causing fire or explosion CROSS-REFERENCES: • 1. ."building" - 9A.48 .010 (1) (a) - 9A.04. 110 (5) . Pages 61,6 2. "damage" - 9A.48.010 (1) (b) . Page 61 3. "knowingly" - 9A.08.010 (1) (b) . Page 10 63 • 4 . "person" - 9A.04 . 110 (17) . Page 7 5. "recklessly" - 9A.08.010 (l) (c) . Page 10 6 . "vehicle - 9A.04. 110 (26) . Page 8 PENALTY: Class B felony - 9A.20 .020 (1) (b) . 9A. 48.050 RECKLESS BURNING IN THE SECOND DEGREE STATUTE: 9A. 48.050 RECKLESS BURNING IN .THE SECOND DEGREE. (1) A person is guilty of reckless burning in the second degree if he knowingly causes a fire or explosion, whether on his own property or that of another, and thereby recklessly places a building or other structure, or any vehicle , railway car, aircraft, or water- craft, or any hay, grain, crop or timber, whether cut or standing, in danger of destruction or damage. (2) Reckless burning in the second degree is a gross mis- demeanor. ELEMENTS OF OFFENSE: 1. Knowingly 2. Causes fire or explosion 3. Thereby recklessly placing the property mentioned in reckless burning lst in danger of destruction or damage. CROSS-REFERENCES: 1. "building" - 9A.48.010 (1) (a) . Page 61 2 . "-damages" - 9A.48.110 (26) . Page 61 3. "knowingly" - 9A.08.010 (1) (b) . Page 10 4 . "person" - 9A.04 . 110 (17) . Page 7 5. "property" - 9A.04. 110 (21) . Page 7 6 . "recklessly" - 9A.08.010 (1) (c) . Page 10 • 7. "vehicle" -- 9A. 48.110 (26) . Page 8 PENALTY: ) Gross misdemeanor 9A. 20 .020 (2) . 64 • 9A.48. 060 RECKLESS BURNING--DEFENSE Ir STATUTE: 9A.48.060 . DEFENSE. In any prosecution for the crime of reck- less burning in the first or second degrees , it shall be a defense if the defendant establishes by a preponderance of the evidence that: (a) No person other than. the defendant had a possessory , or pecuniary interest in the damaged or endangered property , or if other persons had such an interest, all of them consented to the defendant' s conduct; and (b) The defendant's sole intent was to destroy or damage the property for a lawful purpose. 9A.48.070 MALICIOUS MISCHIEF IN THE FIRST DEGREE STATUTE: 9A.48.070 MALICIOUS MISCHIEF IN THE FIRST DEGREE. (1) A person is guilty of malicious mischief in the first degree if he knowingly and maliciously: (a) Causes physical damage to the .property of another in an • amount exceeding one thousand five hundred dollars ; or (b) Causes an interruption or impairment of service rendered to the public by physically damaging or tampering with an emergency vehicle or property of the state, a political subdivision thereof, or a public utility or mode of public transportation, power, or communication. (2) Malicious mischief in the first degree is a Class B felony. ELEMENTS OF OFFENSE: 1 . Knowingly and maliciously 2 . a. Causes physical damage to the property of another in an amount exceeding one thousand five hundred dollars; or b. Causes interruption or impairment of service rendered to the public by physically damaging; or by tampering with an emergency vehicle; or property of the state; or of a political subdivision of the state; or of a public utility: or of a mode of public transportation, power, or communica- tion. 60 CROSS-REFERENCES: 1. "damage 9A.48.010 (1) (b) . Page 61 2. "knowingly" - 9A.08.010 (1) (b) . Page 10 3. "maliciously" - 9A.04 .110 (12) . Page 6 4. "person" - 9A.04. 110 (17) . Page 7 5. "physical damage" - 9A.48.100 . Page 68 6 . "property" - 9A.04. 110 (21) . Page 7 7. "vehicle" - 9A.04.110 (26) . Page 8 PENALTY: Class B felony - 9A.20.020 (1) (b) . 9A.48._080 MALICIOUS MISCHIEF IN THE SECOND DEGREE STATUTE: 9A.48.080 MALICIOUS MISCHIEF IN THE SECOND DEGREE. (1) A person is tuilty of malicious mischief in the second degree if he knowingly and maliciously: (a) Causes physical damage to the property of another in an amount exceeding two hundred and fifty dollars; or (b) Creates .a substantial risk of interruption or impairment of service rendered to the public , by physically damaging or tampering with an emergency vehicle or property of the state, a political subdivision thereof, or a public utility or mode of public transportation , power, or communication. (2) Malicious mischief in the second degree is a Class C felony. ELEMENTS OF OFFENSE: 1. Knowingly and maliciously 2. a. Causes physical damage to the property of another in an amount exceeding two hundred and fifty dollars ; or b. Creates a substantial risk of interruption or impairment of service rendered to the public by physically damaging; or by tampering with an emergency vehicle; or property of • the state or of a political subdivision of the state, or of a public utility, or of a mode of public transportation. 66 • CROSS-REFERENCES: 1. "damage" 9A.48 .010 (1) (b) . Page 61 2 . "knowingly" - 9A.08.010 (1) (b) . Page 10 3. "maliciously" - 9A.04 .110 (12) . Page 6 4. "person" - 9A.04.110 (17) . Page 7 5. "physical damage" - 9A.48. 100 . Page 68 6 . "property" - 9A.04 .110 (21) . Page- 7 7. "vehicle" - 9A.04.110 (26) . Page 8 PENALTY: Class C felony - 9A.20 .020 (1) (c) . 9A.48.090 MALICIOUS MISCHIEF IN THE THIRD DEGREE • STATUTE: 9A.48..090 MALICIOUS MISCHIEF IN THE THIRD DEGREE. (1) A person is guilty of malicious mischief in the third. degree if he knowingly and maliciously causes physical damage to the property of another, under circumstances not amounting to malicious mischief in the first or second degree. (2) Malicious mischief in the third degree is a gross misdemeanor if the damage to the property is in an amount exceeding fifty dollars ; otherwise, it is a misdemeanor. ELEMENTS OF OFFENSE: 1. Knowingly and maliciously 2 . Causes physical damage to the property of another under circumstances .not amounting to malicious mischief in the first degree and not amounting to malicious mischief in the second degree. 67 w • CROSS-REFERENCES : 1 . -"damages" - 9A. 48.010 (1) (b) . Page 61 2 . "knowingly" - 9A. 08.010 (1) (b) . Page 10 3. "maliciously" - 9A.04 .110 (12) . Page 6 4 . "person" - 9A.04 .110 (17) . Page 7 5. "physical damage" - 9A.48.100 . Page 68 6 . "property" - 9A.04.110 (21) . Page 7 7. Malicious mischief in the first degree - 9A.48 .070 . Page 65 8. Malicious mischief in the second degree - 9A.48.080 . Page 66 PENALTY: 1 . If the damage to the property exceeds fifty dollars , Gross misdemeanor - 9A.20 .020 (2) . 2. If the damage to the property is fifty dollars or less , Misdemeanor - 9A. 20 .020 (3) . 9A.48. 100 DEFINITION STATUTE: 9A.48.100 DEFINITION. For the purposes of sections 9A.48 .070 through 9A.48.090 inclusive, "physical damage, " in addition to its ordinary meaning, shall include the alteration, damage, or erasure of records , information, data, or computer programs which are electronically recorded for use in computers. 68 CHAPTER 9A.52 RCW BURGLARY AND TRESPASS STATUTE: 9A.52 .010 DEFINITIONS 9A.52.020 BURGLARY IN THE FIRST DEGREE 9A.52 .030 BURGLARY IN THE SECOND DEGREE 9A. 52 .040 INFERENCE OF INTENT 9A.52 .050 OTHER CRIME IN COMMITTING BURGLARY PUNISHABLE 9A.52.060 MAKING OR HAVING BURGLAR TOOLS 9A.52.070 CRIMINAL TRESPASS IN THE FIRST DEGREE 9A. 52 .080 CRIMINAL TRESPASS IN THE SECOND DEGREE 9A. 52 .090 CRIMINAL TRESPASS - DEFENSES • 9A.52 .100 VEHICLE PROWLING SYNOPSIS: This chapter combines the offenses involving the unpermitted unlawful entry onto the property of another into a statutory scheme which flows from the armed intruder or the intruder .who assaults another, of the individual who simply encroaches upon the unoccupied land of another. As such the chapter as a whole constitutes a comprehensive treatment ground on this element of unlawful entry into or failure to leave any kind of premises; The difference between the burglary and criminal trespass sections being the element of intent to commit a crime within the entered premises. As with most of the chapter in this title the offenses herein are grounded on statutarily defined terms which serve to 69 aid the judicial system in the decision making process . The key words "building, premises , enter" and "enter and remain unlaw- fully" are given broad definitions . Perhaps more important are the removal of definitions existing in prior law. The "night- time" and "breaking" are no longer elements of the burglary offense. The offense of "making or having burglary tools" is substant- ially the same as under Title 9 but the scope of the statute is narrower than under prior law. The other procedural sections contained in this chapter are basically reenactments of prior law. i i, 70 �}• 9A. 52 .010 DEFINITIONS 4� STATUTE: 9A. 52 . 010 DEFINITIONS . The following definitions apply in this chapter: (1) "Premises" includes any building, dwelling, or any real property: (2) "Enter. " The word "enter" when constituting an element or part of a crime, shall include 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: (3) "Enters or remains unlawfully. " 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. 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 a 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. 9A.52 .020 BURGLARY IN THE FIRST DEGREE. STATUTE: 9A. 52 .020 BURGLARY IN THE FIRST DEGREE. (1) A person is .guilty of burglary in the first degree if , with intent to commit a crime against a person or property therein, he enters or. remains unlawfully in a dwelling and if, in entering or while in the dwelling or in immediate flight therefrom, the actor or another participant in the crime (a) is armed with a deadly weapon , or (b) assaults any person therein. (2) Burglary in the first degree is a Class A felony. ELEMENTS OF OFFENSE: 1. With intent to commit a crime against a person or property therein, 2 . Enters or remains unlawfully in a dwelling, and 3. In entering, while in the dwelling, or in immediate flight therefrom, any participant a. is armed with a deadly weapon, or b. assaults any person therein 71 • CROSS-REFERENCE: l I 1 . "actor" - 9A.04. 110 (2) Page 6 2 . "deadly weapon" - 9A.04. 110 (6) Page 6 3. "dwelling 9A.04. 110 (7) Page 6 4 . "enter" - .9A.52 .010 (2) Page 71 5. "enters or remains unlawfully" 9A.52 .010 (3) Page 71 6 . "intent". - 9A.08.010 (1) (a) Page 10 7. "person" - 9A.04.110 (7) page 6 8. "property" - 9A.04. 110 (21) page 7 9 . Assaults .- 9A. 36 Page 46 10 . inference of intent - 9A. 52 .040 Page 73 11 . Other crime in committing burglary punishable - 9A.52 .050 Page 73 PENALTY: Class A felony - 9A. 20 .020 (1) (a) } 9A.52 .030 BURGLARY IN THE SECOND DEGREE STATUTE: 9A. 52 .030 BURGLARY IN THE SECOND DEGREE. (1) A person is guilty of burglary in the second degree if, with intent to commit a crime against a person or property therein ,- he enters or remains unlawfully in a building other than a vehicle. (2) Burglary in the second degree is a Class B felony. ELEMENTS OF: OFFENSE : 1 . With intent to commit a crime against a person or property therein , 2 . Enters or remains unlawfully in a building 72 . CROSS-REFERENCE 1 . "building" - 9A.04 . 110 (5) page 6 2 . "enter" - 9A. 52 .010 (2) Page 71 3. "enter or remain unlawfully" - 9A. 52 .010 (3) Page 71 4 . "intent" - 9A.08.010 (1) (a) Page 10 5. "person" - 9A.04 . 110 (17) Page 7 6. "property" - 9A.04. 110 (21) Page 7 7. Inference of intent - 9A.52 .040 Page 73 8. Other crime in committing burglary punishable - 9A.52 .050 Page 73 PENALTY: 1. Class B felony - 9A. 20 .020 (1) (b) 9A. 52 .040 INFERENCE OF INTENT • STATUTE: 9A.52 .040 INFERENCE OF INTENT. In any prosecution for bur- glary, any person who enters or remains unlawfully in a building may be inferred to have acted with intent to commit a crime against a person or property therein, unless such entering or remaining shall be explained by evidence satisfactory to the trier of fact to have been made without such criminal intent. 9A.52 .050 OTHER CRIME IN COMMITTING BURGLARY PUNISHABLE STATUTE.- 9A. 52 .050 TATUTE:9A. 52 .050 OTHER CRIME IN COMMITTING BURGLARY PUNISHABLE,. Every person who , in the commission of a burglary shall commit any other, crime, may be punished therefor as well as for the burglary , and may be prosecuted for each crime separately. 73 • 9A. 52.060 MAKING OR HAVING BURGLAR TOOLS STATUTE: 9A. 52 .060 MAKING OR HAVING BURGLAR TOOLS. (1) Every person who shall make or send or cause to be made or mended, or have in his possession, any engine, machine, tool , false key, pick lock , bit , nippers , or implement adapted, designed, or commonly used for the commission of burglary under circumstances evincing an intent to use or employ, or allow the same to be used or employed in the commission of a burglary, or knowing that the same is intended to be so used, shall be guilty of making or having burglar tools . (2) Making or having burglar tools is a gross misdemeanor. ELEMENTS OF OFFENSE: 1. Make or mend, or cause to be made or mended, or have in his possession; 2 . Any engine , .machine, tool , false key, pick lock, nippers , or implement; 3. Adapted, designed, or commonly used for the commission • of burglary under circumstances evincing an intent. to use or employ in the commission of a burglary, . or to allow the same to be, used or employed in the commission of a burglary; or knowing that the same is intended to be used in the commission of a burglary. CROSS-REFERENCE: 1. "intent" 9A.08.010 (1) (a) Page 10 2. "person" - 9A.04. 110 (17) Page 7 3. Burglary in the first degree - 9A. 52.020 Page 71 4 . Burglary in the second degree - 9A.52 .030 Page 72 PENALTY: 1 . Gross misdemeanor - 9A. 20 .020 (2) 74 • 9A.52 .070 CRIMINAL TRESPASS IN THE FIRST DEGREE STATUTE: 9A.52.070 ' CRIMINAL TRESPASS IN THE FIRST DEGREE. (1) A person is guilty of criminal trespass in the first degree if he knowingly enters or remains unlawfully in a building or on real property adjacent thereto or upon real property which is fenced or otherwise enclosed in a manner designed to exclude intruders. (2) Criminal trespass in the first degree is a gross misdemeanor. ELEMENTS OF OFFENSE: 1 . Knowingly enters or remains unlawfully; 2. In a building, or on real property adjacent thereto, or upon I eal property which is fenced or otherwise enclosed in a manner designed to exclude intruders. CROSS-REFERENCE: 1. "building" - 9A.04. 110 (5) Page 6 2 . "enters or remains unlawfully" - 9A.52.010 (3) Page 71 3. "knowingly" 9A.08.010 (1) (b) Page 10 4 . "person" - 9A.04. 110 (17) Page 7 5. "property" - 9A.04 . 110 (21) Page 7 PENALTY: 1. Gross misdemeanor - 9A. 20 .020 (2) 9A.:52 .080 CRIMINAL TRESPASS IN THE SECOND DEGREE STATUTE: 9A.52.080 . CRIMINAL TRESPASS IN THE SECOND DEGREE. (1) A person is guilty of criminal trespass in the second degree if he knowingly enters or remains unlawfully in or upon premises of another. (2) Criminal trespass in the second degree is a misdemeanor. • 70 • ELEMENTS OF OFFENSE: 1 . Knowingly enters or remains unlawfully; 2. In or upon, premises of another. CROSS-REFERENCE: 1 . "enters or remains unlawfully" - 9A. 52 .010 (3) Page 71 2 . "knowingly" - 9A.08.010 (1) (b) Page 10 3. "premises" - 9A. 52 .010 Page 71 4 . "person" - 9A.04 .110 (17) Page 7 PENALTY: 1. Misdemeanor - 9A.20 .020 (3) 9A. 52 .090 CRIMINAL TRESPASS--DEFENSES . STATUTE: i 9A.52 .090 CRIMINAL TRESPASS--DEFENSES. In any prosecution under sections 9A. 52 .070 and 9A. 52 .080 , it is a defense that: (1) A building involved in an offense under section 9A. 52 .070 was abandoned; or (2) The premises were at the time open to members of the public and the actor complied with all lawful conditions imposed on accessto or remaining in the premises ; or (3) 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. 9A.52 .100 VEHICLE PROWLING STATUTE: 9A. 52 . 100 VEHICLE PROWLING. (1) 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. (2) Vehicle prowling is a gross misdemeanor. I 76 . ELEMENTS OF OFFENSE: 1. With intent to commit a crime against a person or . property therein; 2 . Enters or remains unlawfully in a vehicle. CROSS-REFERENCE: 1. "enters" - 9A. 52 .010 (2) Page 71 2. "enters or remains unlawfully" - 9A. 52 .010 (3) Page 71 3. "intent" - 9A.08.010 (1) (a) Page 10 4. "person" - 9A.04. 110 (17) Page 7 5. "property" - 9A.04 .110 (21) Page 7 6 . "vehicle" - 9A.04. 110 (26) Page 8 PENALTY: Gross misdemeanor - 9A.20 .020 (2) 77 CHAPTER 9A.56 RCW • THEFT AND ROBBERY STATUTE: 9A.56 .010 DEFINITIONS 9A.56.020 THEFT--DEFINITION, DEFENSE 9A. 56 .030 THEFT IN THE FIRST DEGREE 9A.56 .040 THEFT IN THE SECOND DEGREE 9A. 56.050 THEFT IN THE THIRD DEGREE 9A. 56.060 UNLAWFUL ISSUANCE OF CHECKS OR DRAFTS 9A. 56 .070 TAKING MOTOR VEHICLE WITHOUT PERMISSION 9A. 56.080 THEFT OF LIVESTOCK 9A. 56 .090 PRESUMPTION ON FAILURE TO RETURN VEHICLE, MACHINERY, OR EQUIPMENT PURSUANT TO RENTAL OR LEASE AGREEMENT 9A. 56 . 100 THEFT AND LARCENY EQUATED 9A.56 .110 EXTORTION--DEFINITION 9A.56 .120 EXTORTION IN THE FIRST DEGREE 9A.56 .130 EXTORTION IN THE SECOND DEGREE 9A. 56 .140 POSSESSING STOLEN PROPERTY--DEFINITION-- CREDIT CARDS, PRESUMPTION 9A. 56 .150 POSSESSING STOLEN PROPERTY IN THE FIRST DEGREE 9A.56 .160 POSSESSING STOLEN PROPERTY IN THE SECOND DEGREE 9A.56.170 POSSESSING STOLEN PROPERTY IN THE THIRD DEGREE 9A: 56 .180 OBSCURING IDENTITY OF A MACHINE 9A. 56.190 ROBBERY--DEFINITION 9A.56 .200 ROBBERY IN THE FIRST DEGREE . 9A.56. 210 ROBBERY IN THE SECOND DEGREE 78 SYNOPSIS : This new chapter provides consolidated treatment of the crimes formerly dealt with in the larceny , extortion, and robbery chapters of Title 9 . The theft sections have been substantially rephrased and restructured without a significant change in overall coverage . The crime of theft has been broken down in to three degrees with the monetary dividing line between the first and second and the second and third degrees set at $1,500 and $250 . In order to keep up with changing patterns of criminal behavior, language has been added to insure that theft of services is also covered by those sections which have traditionally referred only to theft of "property" ; and further, that computer programs (private pro- • priety records) receive better statutory protection. The remaining crimes in this theft sequence are very similar to their predeces- sor Title 9 sections . The crime of extortion has been graded into two degrees depending on the seriousness of the threat used. The new extor- tion sections will replace both the prior extortion and blackmail sections. It should be noted that extortion now includes the "future" threat offense language of the prior robbery law and is an example of the integral relationship found in this chapter. The crime of possessing stolen property which had been covered by a subsection of the prior larceny statute now receives separate treatment and is structured as a three degree offense very closely paralleling the form of these three degrees • of theft. 79 The crime of robbery is also broken down into degrees with the first degree turning on the presence of certain aggravating factors such as the possession of a deadly weapon or the infliction of bodily harm. The operative language of the robbery sections remain very much ,like the prior Title 9 statutes , with the exception noted in relation to "future" threats , now being covered by the extortion sections . This chapter also includes separate offenses for specific thefts . The unlawful issuance of checks section from Title 9 is re-enacted with a major change as a separate substantive offense without reference to the general theft sections . Also the offenses of taking a motor vehicle without permission, theft of livestock and obscuring identify of a machine; and the presumptions relating *to credit cards and failure to return rental equipment are re-enacted in substantially the same form as prior Title 9 law. 80 • 9A. 56 .010 DEFINITIONS STATUTE : 9A. 56 .010 DEFINITIONS. The following definitions are applicable in this chapter unless the context otherwise requires : (1) 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 , s to identity or to have been delivered under a mistake a y of the recipient or as to the nature or amount of the property; (2) "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; (3) "Credit card" means . any instrument or device, whether incomplete, revoked, or expired, whether known as a credit card, credit ,plate, charge plate, courtesy card, or by any other name, issued with or without fee for the use of the cardholder in obtain- ing money, goods , services , or anything else of value, including satisfaction of a debt or the payment of a check drawn by a card- holder, either on credit or in consideration of an undertaking or guarantee by the issuer; (4) "Deception" occurs when an actor knowingly: • (a) Creates or confirms another's false impression which the actor knows ..to be false; or (b) Fails to correct another' s impression which the actor previously has created or confirmed; or (c) Prevents another from acquiring information material to the disposition of the property involved; or (d) 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, cVf official record; or (e) Promises performance which the actor does not intend to perform or knows will not be performed. (5) "beprive" in addition to its common meaning means to make unauthorized use or an unauthorized copy of records , information, data, trade secrets , or computer programs , provided that the afore- mentioned are of a private proprietary nature ; (6) "Obtain control over" in addition to its common meaning, means : (a) In relation to. property, to bring about a transfer or purported transfer to the obtainer or another of a legally recog- nized interest in the property; or (b) In relation to labor or service, to secure performance thereof for the benefits of the obtainer or another; (7) "Wrongfully obtains" or "exerts unauthorized control" means : 8i (a) To take the property or services of another; or (b) 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 secret, withhold, or appropriate the same to his own use or to the use of any person other than the true owner or person entitled thereto: (8) "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 ; (9) "Receive" includes , but is not limited to, acquiring title , possession, control, or a security interest , or any other interest in the property; (10) "Services" includes , but isnot limited to, labor, professional services , transportation services , electronic computer services , the supplying of hotel accommodations , restaurant services , entertainment, the supplying equipment for use, and the supplying of commodities of a public utility nature such as gas , electricity, steam, and water; (11) "Stolen" means obtained by theft, robbery , or extortion; (12) Value. (a) "Value" means the market value of the property or services at thetime and in the approximate area of • the criminal act. (b) Whether or not they have been issued or .delivered, . written instruments , except those having a readily ascertained market value , shall be evaluated as follows : (i) The value of an instrument constituting an evidence of debt such as a check, draft, or promissory note , shall be deemed the ainount due or collectible thereon or thereby , that figure ordinarily being the face amount of the indebtedness less any portion thereof which has been satisfied; (ii) 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; .(iii) 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. (c) 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 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. l • (d) 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. (e) 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. 9A.56 .020 THEFT--DEFINITION, DEFENSE STATUTE: 9A.56.020 THEFT--DEFINI`T'ION, DEFENSE. (1) . "Theft" means : (a) 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 (b) 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 (c): To appropriate lost or misdelivered property or services of another., or the value thereof, with intent to deprive him of • such property or services. (2) In any prosecution for theft, it shall be a sufficient defense that the property or service was appropriated openly and avowedly under a claim of title made in good faith, even though the claims be untenable . 9A.56.030 THEFT IN THE FIRST DEGREE STATUTE: 9A. 56.030 THEFT IN THE FIRST DEGREE. (1) A person is guilty of theft in the first degree if he commits theft of: (a) Property or services which exceed (s) one thousand five hundred dollars in value; or (b) Property of any value taken from the person of another. (2) Theft in the first degree is a Class B felony. ELEMENTS OF OFFENSE: 1. Commits theft a. of property or services exceeding $1 ,500 in value, or b. of property of any value from the person of another • 83 iCROSS-REFERENCES: 1 . "person" - 9A.04 .110 (17) . Page 7 2 . "property" - 9A.04. 110 (21) . Page 7 3. "services" - 9A. 56 .010 (10) . Page 82 4. "theft" - 9A. 56 .020 (1) . Page 83 5 . "value" - 9A.56 .010 (12) (a) . Page 82 6. Aggregation of value - 9A. 56 .010 (12) (b) . Page 82 7. Determining value - 9A.56 .010 (12) (b) . Page 82 8. Larceny and theft equated - 9A. 56 .100 . Page 90 9 . No ascertainable value - 9A.56 .010 (12) (e) . Page 83 PENALTY: Class B felony - 9A.20 .020 (1) (b) . 9A.56 .040 THEFT IN THE SECOND DEGREE STATUTE: 9A.56 .040 THEFT IN THE SECOND DEGREE. (1) A person is guilty of theft in the second degree if he commits theft of: (a) Property or services which exceed (s) two hundred and fifty dollars in value, but does not exceed one thousand five hundred dollars ,in value; or (b) A public record, writing, or instrument kept, filed, or deposited according to law with or in the keeping of any public office or public servant; or (c) A credit card ; or (d) A motor vehicle, of a value less than one thousand five hundred dollars . (2) Theft in the second degree is a class C felony. ELEMENTS OF OFFENSE : 1 . Commits theft a. of property or services exceeding $250 but not exceeding $1 ,500 in value, or b. public record , writing, or instrument , or j C. credit card, or d. motor vehicle of value less than $1 ,500 84 t • CROSS-REFERENCE: 1. "credit card" - 9A. 56 .010 (3) . Page 83 2. "person" - 9A.04 . 110 (17) . Page 7 3 . "property" - 9A.04 .110 (21) . Page 7 4 . "public servant" - 9A.04 .110 (22) . Page 7 5. "services" - 9A.56 .010 (10) . Page 82 6 . "theft" - 9A.56 .020 (1) . Page 83 7. "value" - 9A. 56 .010 (12) (a) . Page 82 8. "vehicle" - 9A.04 .110 (26) . Page 8 9 . Aggregation of value - 9A.56.010 (12) (c) . Page 82 10 . Determining value - 9A.56.010 (12) (b) . Page 82 11. Larceny and theft equated - 9A.56.100 . Page 90 12. " No ascertainable value - 9A. 56 .010 (12) (e) . Page 83 • PENALTY: Class C felony . - 9A.20 .020 (1) (c) . 9A. 56.050 THEFT IN THE THIRD DEGREE. 9A. 56 .050. THEFT IN THE THIRD DEGREE. (1) A person is guilty of theft in the third degree if he commits theft of property or services which does not exceed two hundred and fifty dollars in value. (2) Theft in the third degree is a gross misdemeanor. ELEMENTS OF OFFENSE: 1. Commits theft a. Of property or services b. Not exceeding two hundred and fifty dollars in value. CROSS-REFERENCES: 1. "person" - 9A.04 .110 (17) . Page 7 2. "property" - 9A.04 .110 (21) . Page 7 3. "services" - 9A.56 .010 (10) . Page 82 4. "theft" - 9A.56 .020 (i) . Page 83 5. "value" - 9A.56 .010 (12) (a) . Page 82 6 . Aggregation of value - 9A.56 .010 (12) (c) . Page 82 7. Determining value - 9A. 56 .010 (12) (b) . Page 82 ,8. Larceny and theft equated - 9A.56 .100 . Page 90 9 . No ascertainable value - 9A.56 .010 (12) (e) . Page 83 PENALTY: • Gross misdemeanor - 9A. 20 .020 (2) . 1 86 9A.56 .060 UNLAWFUL ISSUANCE OF CHECKS OR DRAFTS STATUTE: 9A.56.060 UNLAWFUL ISSUANCE OF CHECKS OR DRAFTS . (1) 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 hank 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. (2) Unlawful issuance of a bank check in an amount greater than two hundred and fifty dollars is a Class C felony. (3) Unlawful issuance of a bank check in an amount of two hundred and fifty dollars or less is a gross misdemeanor. ELEMENTS OF OFFENSE: 1. With intent to defraud; 2 . Makes , draws, utters or delivers 3. Any check or draft on a bank depository for the payment of money. 4 . 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. CROSS-REFERENCES: 1. "credit" - 9A.56 .060 (1) . Page 87 2. "intent" - 9A.08.010 (1) (a) . Page 10 3. "knowing" - 9A.08.010 (1) (b) . Page 10 4 . "person" - 9A.04 .110 (17) Page 7 • PENALTY: 1 . If amount is greater than two hundred and fifty dollars, Class C felony - 9A. 20 .020 (1) (c) . 8'l i • 2 . If amount is two hundred and fifty dollars or less , Gross misdemeanor - 9A.20 .020 (2) . 9A.56.070 TAKING MOTOR VEHICLE WITHOUT PERMISSION STATUTE: 9A. 56.070 TAKING MOTOR VEHICLE WITHOUT PERMISSION. (1) Every person who shall without the permission of the owner or person entitled to the possession thereof intentionallytake or drive away any automobile or motor vehicle , Whether propelled by steam, electricity, or internal combustion engine, the property of another, shall be deemed guilty of a felony, and every person voluntarily riding in or upon said automobile or motor vehicle with knowledge of the fact that the same was unlawfully taken shall be equally guilty with the person taking or driving said automobile or motor vehicle and shall be deemed guilty of taking a motor vehicle without permission. (2) Taking a motor vehicle without permission is a Class C felony. ELEMENTS OF OFFENSE: ' . 1. Without the permission of the owner or person entitled to possession thereof, 2. Takes or drives away any auto or motor vehicle, or 3. Voluntarily riding in such auto or vehicle with knowledge of unlawful taking CROSS-REFERENCES: 1. "intentionally" - 9A.08.010 (1) (a) . Page 10 2 . "knowledge" - 9A.08.010 (b) . Page 10 3. "owner" - 9A.56 .010 (8) . Page 82 4 . "person" - M-04 .110 (17) . Page 7 5. "vehicle" - 9A.04 .110 (26) . Page 8 6 . Felony - 9A.20 .010 (1) ; 9A. 28.010 Pages 21,30 • 7. Presumption on failure to return - 9A.04 . 110 (26) . Page 8 88 • PENALTY: Class C felony - 9A. 20 . 020 (1) (c) . 9A. 56.080 THEFT OF LIVESTOCK STATUTE: 9A.56 .080 THEFT OF LIVESTOCK. (1) Every person who, with intent to deprive or defraud the owner thereof, wilfully takes , leads , or transports away, conceals , withholds , slaughters , or otherwise appropriates to his own use any horse , mule, cow, heifer, buil, steer, swine, or sheep shall be guilty of theft of livestock. (2) Theft of livestock is a Class B felony. ELEMENTS OF OFFENSE: 1. With intent to deprive or defraud the owner thereof 2 . Wilfully takes , leads, transports away, conceals , withholds , slaughters , or otherwise appropriates to his own use; ! 3 . Any horse , mule, cow, heifer, bull , steer, swine, or sheep. 4 CROSS-REFERENCES : 1. "deprive" - 9A.56.010 (5) . Page 81 2. "intent" - 9A.08.010 (1) (a) . Page 10 3. "owner" - 9A.56 .010 (8) . Page 82 4 . "person" = 9A.04 .110 (17) . Page 7 5. "theft" - 9A.56 .020 . Page 83 PENALTY: Class B felony - 9A.20 .020 (1) (b) . 89 9A. 56 .090 PRESUMPTIOPI OF FAILURE TO RETURN VEHICLE, MACHINERY, OR EQUIPMENT PURSUANT TO RENTAL OR LEASE AGREEMENT STATUTE: 9A. 56 .090 PRESUMPTION ON FAILURE TO RETURN VEHICLE, MACHINERY, OR EQUIPMENT PURSUANT TO RENTAL OR LEASE AGREEMENT. Any person to whom a motor vehicle, or piece of machinery or equipment having a fair market value in excess of one thousand five hundred dollars is delivered on a rental or lease basis under any agreement in writing providing for its return to a particular place at a particular time, who refuses or wilfully neglects to return such vehicle or piece of machinery or equipment after the expiration of a reasonable time after a notice in writing ,proved to have been duly mailed by registered or cert- ified mail with return receipt requested addressed to the last known address of the person who rented or leased the motor vehicle, or piece of machinery or equipment, shall be presumed to have intended to deprive or defraud the owner thereof .within the meaning of section 9A.56 .020 defining the crime of theft. This presumption may be rebutted by evidence raising a reasonable inference that the failure to return the vehicle or piece of • machinery or equipment was not with the intent to defraud or otherwise deprive the owner of his property. 1 9A.56 .100 THEFT AND LARCENY EQUATED STATUTE: 9A. 56 .100 THEFT AND LARCENY EQUATED. All offenses defined as larcenies outside of this title shall be treated as thefts as provided in this title. 9A. 56 . 110 EXTORTION--DEFINITION STATUTE: 9A.56 .110 EXTORTION--DEFINITION. "Extortion" means knowingly to obtain or attempt to obtain by threat property or services of the owner, as defined in section 9A.56 .010 (8) . • (2) Extortion in the first degree is a Class B felony.. i 9A.56 .120 EXTORTION IN THE FIRST DEGREE STATUTE:. 9A.56.120 EXTORTION IN THE FIRST DEGREE. (1) A person is guilty of extortion in the second degree if he commits extortion by means of a threat as defined in section 9A.04 . 110 (25) (a) , (b) , or (c) . (2) Extortion in the first degree is a Class B felony. ELEMENTS OF -OFFENSE : 1. Commits extortion 2. By communicating, directly or indirectly, the intent a. To cause future bodily injury to the person threatened or 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. CROSS-REFERENCES: 1. "actor" - 9A.04. 110 (2) . Page 6 2. "bodily injury" - 9A.04.110 (4) . Page 6 3. "extortion" - 9A.56 .110 . Page 90 4 . "person" - 9A.04 .110 (7) . Page 6 5. "property" - 9A.04.110 (21) . Page 7 6. "threat" - 9A.04.110 (25) (a) , (b) , and (c) . Page 7 PENALTY: Class B felony - 9A.20 .020 (1) (b) . i. • 1 9A. 56 .130 EXTORTION IN THE SECOND DEGREE STATUTE: 9A. 56 .130 EXTORTION IN THE SECOND DEGREE. (1) A person is guilty of extortion in the second degree if he commits extortion by means of a threat as defined in section 9A.04 . 110 (25) (d) through (j) . (2) In any prosecution under this section based on a threat to accuse any person of a crime or cause criminal charges to be instituted against any person, it is a defense that the actor reasonably believe the threatened criminal charge to be true and that his sole purpose was to compel or induce the person threatened to take reasonable action to make good the wrong which was the subject of such threatened criminal charge. (3) Extortion in the second degree is a Class C felony. ELEMENTS OF OFFENSE: 1 . Commits extortion; • 2. By communicating, directly or indirectly the intent : a. To accuse any person of a crime; or b. To cause criminal charges to be instituted against any person; or C . To expose a secret; or d. To publicize an asserted fact, whether true or false , tending to subject any person to hatred, contempt, or ridicule; or e. To reveal any information sought to be concealed by the person threatened; or f. To testify or provide information or to withhold testimony or information, with respect to another's legal claim or de- fense or g. (1) To take wrongful action as an official against anyone or any- thing; or (2) To wrongfully withhold official action; or (3) To cause such action or withholding; or h. 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 i • i . Totdo 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 . CROSS-REFERENCES: 1. "actor" - 9A.04.110 (2) . Page 6 2. "benefit" - 9A.04. 110 (3) . Page 6 3. "extortion" - 9A.56.110 . Page 90 4. "intent" - 9A.04 .010 (1) (a) . Page 10 5. "person" - 9A.04.110 (17) . Page 7 6. "property" - 9A.04.110 (21) . Page 7 7. "threat" - 9A.04.110 (25) (d) through (j) . Page 7 PENALTY: Class C felony - 9A. 20 .020 (i) (c) . 9A. 56 .140 POSSESSING STOLEN PROPERTY--DEFINITION--CREDIT CARDS, PRESUMPTION STATUTE: 9A.56 .140 POSSESSING STOLEN PROPERTY--DEFINITION--CREDIT CARDS, PRESUMPTION. (1) "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. (2) 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. (3) When a person not an issuer or agent thereof has in his possession or under his control stolen credit cards issued in the names of two or more persons , he shall be presumed to know that they are stolen. This presumption may be rebutted by evidence. raising a reasonable inference that the possession of such stolen • credit cards was without knowledge that they were stolen. 93 CROSS-REFERENCES: 1. "knowingly" - 9A.08.010 (1) (b) . Page 10 2. "owner" - 9A. 56 .010 (8) . Page 82 3. "person 9A.04 .110 (17) . Page 7 4. "property" - 9A.04 . 110 (21) . Page 7 5. "receive - 9A.56 .010 (9) . Page 82 6. "stolen" - 9A.56.010 (11) . Page 82 9A. 56.150 POSSESSING STOLEN PROPERTY IN THE FIRST DEGREE STATUTE: 9A.56.150 POSSESSING STOLEN PROPERTY IN THE FIRST DEGREE. (1) A person is guilty of possessing stolen property in the first degree if he possesses stolen property which exceeds one thousand five hundred dollars in value. (2) Possessing stolen property in the first degree is a Class B felony. ELEMENTS OF OFFENSE: 1. Possesses stolen property; 2. Which exceeds one thousand five hundred dollars in value. CROSS-REFERENCES: 1. Aggregation of value - 9A.56.010 (12) (d) . 2. No ascertainable value - 9A.56.010 (12) (e) . PENALTY: Class 9 felony - 9A.20 .020 (1) (b) . 94 9A.56 . 160 POSSESSING STOLEN PROPERTY IN THE SECOND DEGREE STATUTE: 9A. 56.160 POSSESSING STOLEN PROPERTY IN THE SECOND DEGREE . (1) A person is guilty of possessing stolen property in the second degree if: (a) He possesses stolen property which exceeds two hundred fifty dollars in value but does not exceed one thousand five . hundred dollars in value; or (b) He possesses a stolen public record, writing of instru- ment kept, filed, or 'deposited according to law; or (c) He possesses a stolen credit card; or (d) He possesses a stolen motor vehicle of a value less than one thousand five hundred dollars ; or (e) He possesses a stolen firearm. (2) . Possessing stolen property in the second degree is a Class C felony. ELEMENTS OF OFFENSE: 1. Possesses a. Stolen property which exceeds $250 in value .but does not exceed $1 ,500 ,. or b. Stolen public record, writing, or instrument, or c. Stolen credit card, or d. Stolen motor vehicle of value less than $1 ,500 , or e. Stolen firearm CROSS-REFERENCES: 1. "credit card" - 9A.56 .01.0 (3) . Page 81 2. "person" - 9A.04 .110 (17) . Page 7 3. "possessing stolen property" - 9A.56.140 (1) . Page 93 4 . "property" - 9A.04.110 (21) . Page 7 5. "stolen" - 9A. 56 .010 (11) . Page 82 6 . "value 9A. 56 .010 (12) (a) . Page 82 7. "vehicle" - 9A.04 .110 (2.6) . Page 8 8. "aggragation of value" - 9A.56 .010 (12) (d) . Page 83 • CI PENALTY: Class C felony - 9A.20 .020 (1) (c) . • 9A. 56 . 170 POSSESSING STOLEN PROPERTY IN THE THIRD DEGREE 1 STATUTE: 9A. 56 .170 POSSESSING STOLEN PROPERTY IN THE THIRD DEGREE. (1) A person is guilty of possessing stolen property in the third degree if he possesses stolen property which does not exceed two hundred fifty dollars in value. (2) Possessing stolen property in the third degree is a gross misdemeanor. ELEMENTS OF OFFENSE: 1 . Possesses stolen property; 2. Which does not exceed two hundred fifty dollars in value. CROSS-REFERENCES: 1. "person" - 9A.04. 110 (17) . Page 7 2 .. "possessing stolen property" - 9A.56 .140 (1) . Page 93 3. "property" - 9A.04.110 (21) . Page 7 4 . "stolen" - 9A.56.010 (11) . Page 82 5. "value" - 9A. 56.010 (12) (e) . Page 82 6 . Aggregation of value - 9A.56 .010 (12) (d) . Page 82 PENALTY: Gross misdemeanor 9A.20.020 (2) . 96 f 9A.56 .180 OBSCURING IDENTITY OF A MACHINE STATUTE: 9A. 56 .180 OBSCURING IDENTITY OF A MACHINE. (1) A person is guilty of obscuring the identity of a machine if he knowingly: (a) 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 (b) 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. (2) "Obscure" means to remove, deface, cover, alter, destroy, or otherwise render unidentifiable . (3) Obscuring the identity of a machine is a gross misdemeanor. ELEMENTS OF OFFENSE: 1. Knowingly; • a. Obscures 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 b. Possesses any vehicle, machine , engine , apparatus , appliance or other machine; held for sale knowing that the serial number or other identification number or mark has been obscured. CROSS-REFERENCES: 1. "intent" 9A.08.010 (1) (a) . Page 10' 2. "knowingly" - 9A.08.010 (1) (b) . Page 10 3. "obscure" - 9A.56 .180 (2) . Page 97 4. "person" 9A.0,4. 110 (17) . Page 7 5. "vehicle" - 9A.04. 110 (26) . Page 8 PENALTY: Gross misdemeanor - 9A. 20.020 (2) • l 9A.56 .190 ROBBERY--DEFINITION STATUTE: 9A. 56. 190 ROBBERY--DEFINITION. A person commits robbery when he unlawfully takes personal property from the person of another or in his presence against his will by the use or threat- ened use of immediate force , violence, or fear of injury to that person or his property or the person or property of anyone. Such force or fear must be used to obtain or retain possession of the property, or to prevent or overcome resistance to the taking; in either of which cases the degree of force is immaterial . Such taking constitutes robbery whenever it appears that, although the taking was fully completed without the knowledge of the person from whom take , such knowledge was prevented by the use of force or fear. CROSS-REFERENCES: 1. "knowledge" - 9A.08.010 (1) (b) . Page 10 . 2 . "person" - 9A..04 .110 (17) . Page 7 3. "property" - 9A.04. 110 (21) . Page 7 4 . "threat" - 9A.04 . 110 (25) . Page 7 PENALTY: Class A felony - 9A.20 .020 (l) (a) . 9A.56.200 ROBBERY IN THE FIRST DEGREE STATUTE: 9A. 56 .200 ROBBERY IN THE FIRST DEGREE. (1) A person is guilty ofrobbery in the first degree if in the commission of a robbery or of immediate flight therefrom, he : (a) Is armed with a deadly weapon; or (b) Displays what appears to be a firearm or other deadly weapon; or (c) Inflicts bodily injury. • (2) Robbery in the first degree is a Class A felony. 98 • ELEMENTS OF OFFENSE: 1. a. Im the commission of a robbery; or b. In the immediate flight therefrom; 2. He: a. Is armed with a deadly weapon; or b. Displays what appears to be a firearm or other deadly weapon; or C. Inflicts bodily injury. CROSS-REFERENCES: 1. "bodily injury" - 9A.04.110 (4) . Page 6 2. "deadly weapon" - 9A.04.110 (6) . Page 6 3. "person" - 9A.04 .110 (17) . Page 7 4 . "robbery" - 9A. 56 .190. Page 98 PENALTY: Class A felony -. 9A.20 .020 (1) (a) . 9A.56. 210 ROBBERY IN THE SECOND DEGREE STATUTE: 9A.56 .210 ROBBERY IN THE SECOND DEGREE. (1) A person is guilty of robbery in the second degree if he commits robbery. (2) Robbery in the second degree is a Class B felony. ELEMENTS OF OFFENSE: 1. Commits robbery. • i 99 • 1 CROSS-REFERENCES: 1 . "person" - 9A.04. 110 (17) . Page 7 2 . "robbery" - 9A.56 .190 . Page 98 PENALTY: Class B felony - 9A.20 .020 (1) (b) . 100 • CHAPTER 9A.60 RCW FRAUD STATUTE: 9A.60 .010 DEFINITIONS 9A.60 .020 FORGERY 9A. 60 .030 OBTAINING A SIGNATURE BY DECEPTION OR DURESS 9A.60 .040 CRIMINAL IMPERSONATION 9A.60 .050 FALSE CERTIFICATION This new fraud .chapter replaces a number of Title 9 chapters : Forgery - Chapter 9 .44 RCW, Counterfeiting - Chapter 9 . 26 RCW, False Personation - Chapter 9 . 34 RCW and False Pretenses - Chapter 9 . 37 RCW. A new definitional section aids in assuring a standard • and enlightened application to all sections in this chapter. The new forgery section covers criminal conduct previously dealt with in several Title 9 sections . The elaborate coverage of prior law was deemed unnecessary and treatment of the subject has been greatly simplified. Forgery is delineated as a one degree offense with the penalty set at not more than five years , a Class C felony. The remaining three substantive offenses in the chapter are not significantly different from the prior Title 9 sections on point. Obtaining a signature by deception or duress is design- ed to prevent the .type of fraud which eventually may become theft by deception. It continues to be graded as in prior law - not more than five years , a Class C felony. (The option of not more • than one year in the county jail has been removed) . k 101 • Criminal impersonation is now limited to situations in which there is an intent to defraud another. The many sections of prior law also dealt with material now covered in 9A.68 RCW - Bribery and Corrupt Influence and 9A. 72 RCW - Perjury. Because of this limitation it is now graded as a gross misdemeanor as opposed to not more than ten years under the prior law. False certification , the crime involving the certification of documents which may be recorded, is similar in all respects to the prior law with the exception that the penalty has been considerably reduced: to a gross misdemeanor as opposed to being considered a first degree forgery in prior law - not more than twenty years. SThis chapter 9A. 60 contains neither an offense dealing with cashing checks with insufficient funds in the bank account nor with unlawful use of credit cards . The reason for these exclu- sions is simply that the broader terms employed within the theft and fraud chapters of this Title 9 cover this behavior, and thus there is no need for separate offenses in point. In short, since the definition of "deception" in §9A. 56 .010 (4) includes misrepresentations as to future facts (i .e. , that the check will be honored) , the intentional writing of a "bad" check would be included within the theft sequence. Regarding the credit card problem, it is clear that use of a credit card which the actor knows is stolen, forged, revoked, . or otherwise improper to obtain property (even if the property is the money of the issuer of the card, in instances where issuers guarantee payment to a merchant when he accepts their credit card as payment for merchandise) would 102 • also constitute the obtaining of property by deception, and thus the conduct would be theft. Since the theft of a credit card is unlawful (see 99A.56 .040 (1) (c) and the forging of such a card is also unlawful (see 9A.60 .010 (1) and 99A.60 .020 (1) (a) , it seems clear that no further criminal statutes relating to credit cards are needed. • 103 • 9A. 60 .010 DEFINITIONS STATUTE: 9A.60 .010 DEFINITIONS. The following definitions and the definitions of section 9A.56 .010 are applicable in this chapter unless the context otherwise requires : (1) "Written instrument" means: (a) any paper, document, or other instrument containing written or printed matter or its equivalent; or (b) any credit card, as defined in section 9A.56 .010 (3) , token, stamp, seal , badge , trademark , or other evidence or symbol of value, right, privilege, or identification; (2) "Complete written instrument" means one which is fully drawn with respect to every essential feature thereof : (3) "Incomplete written instrument" means one which contains some matter by way of content or authentication but which requires additional matter in order to render it a complete written instrument; (4) To "falsely make" a written instrument means to make or • draw a complete or incomplete written instrument which purports to be authentic, but which. is not authentic either because the ) ostensible maker is fictitious or because, if real, he did not authorize the making or drawing thereof; (5) To "falsely complete" a written instrument means to transform an incomplete written instrument into a complete one by adding or inserting matter, without the authority of anyone entitled to grant it; (6) To "falsely alter" a written instrument means to change , without authorization by anyone entitled to grant it, a written instrument , whether complete or incomplete , by means of erasure , obliteration, deletion, insertion or a new matter, transposition of matter, or in any other manner; (7) "Forged instrument" means a written instrument which has been falsely made, completed or altered. 9A.60 .020 FORGERY STATUTE: 9A.60 .020 FORGERY. (1) A person is guilty of forgery if, with intent to inure or defraud: (a) He falsely makes , completes , or alters a written instru- ment or; (b) He possesses , utters , offers , disposes of , or puts off as true a written instrument which he knows to be forged. ) (2) Forgery is a Class C felony. 104 • ELEMENTS OF OFFENSE: 1. With intent to injure or defraud a. Falsely makes , completes, or alters a written instrument , b. Possesses , utters , offers , disposes of, puts off as true a written instrument which he knows to be forged. CROSS-REFERENCE: 1. "falsely alter" - 9A. 60 .010 (6) . Page 104 2. "falsely complete" - 9A.60 .010 (5) . Page 104 3. "falsely make" - 9A.60 .010 (4) . Page 104 4 . "intent" - 9A.08.010 (1) (a) . Page 10 5. "knows" - 9A.08.010 (1) (b) . Page 10 6. "person" - 9A.04 .110 (17) . Page 7 7 . "written instrument" - 9A.60.010 (1) . Page 104 8. Complete written instrument - 9A.60 .010 (2) . Page 104 • Page 104 9 . Forged instrument - 9A.60 .010 (7) . g 10 . Incomplete written statement - 9A.60 .010 (3) . Page 104 PENALTY: Class C felony - 9A. 20 .020 (1) (c) . 9A.60.030 OBTAINING A SIGNATURE BY DECEPTION OR DURESS STATUTE: 9A.60 .030 OBTAINING A SIGNATURE BY DECEPTION OR DURESS . (1) A person is guilty of obtaining a signature by deception or duress if by deception or duress and with intent to defraud or deprive he causes another person to sign .or execute a written instrument. (2) Obtaining a signature by deception or duress is a Class C felony. 100 • ELEMENTS OF OFFENSE: Causes another person to sign or execute a written instrument by deception or duress with intent to defraud or deprive. CROSS-REFERENCES: 1. inten t - 9A.08.030 (1) (a) . Page 10 2 . "person 9A.04 .110 (17) . Page 7 3. "signature" - 9A.04 .110 (23) . Page 7 4. "written instrument" - 9A.60 .010 (1) . Page 104 5. Complete written instrument - 9A.60 .010 (2) . Page 104 6. Deception - 9A. 56 .010 (4) . Page 110 7. Deprive - 9A.56 .010 (5) . Page 110 -8. Incomplete written statement - 9A.60 .010 (3) . Page 104 9 . Property - 9A.04.110 (21) . Page 7 ' • PENALTY.- Class ENALTY:Class C felony - 9A.20 .020 (1) (c) . 9A.60 .040 CRIMINAL IMPERSONATION STATUTE: 9A.60.040 CRIMINAL IMPERSONATION. (1) A person is guilty of criminal impersonation if he: . (a) Assumes a false identity and does an act is his assumed character with intent to defraud another or .for any other unlawful purpose; or (b) Pretends to be a representative of some person or .organi- zation. or a public servant and does an act in his pretended capa- city with intent to. defraud another or for any other unlawful purpose. (2) Criminal impersonation is a gross misdemeanor. 106 • ELEMENTS OF' OFFENSE: . 1. a. Assumes a false identity and does an act in his assumed character; b. With intent to defraud another; or for any other unlawful purpose; or 2 . a. Pretends to be a representative of some person or a representative of organization or a public servant; b. hoes an act in his pretended capacity; c. With intent to defraud another or for any other unlawful purpose. CROSS-REFERENCES: 1. "acted" - 9A.04. 110 (1) . Page 6 2. "intent" - 9A.08.010 (1) (a) . Page 10 3. "person" - 9A.04 .110 (17) . Page 7 • 4 . "public servant" - 9A.04 . 110 (22) . Page 7 PENALTY: Gross misdemeanor - 9A. 20 .020 (2) . 9A.60 .050 FALSE CERTIFICATION .STATUTE: 9A. 60 .056. FALSE CERTIFICATION. (1) A person is guilty of false certification, if, being an officer authorized to take A proof of acknowledgment of an instrument which by . law may be recorded, he knowingly certifies. falsely that the execution of such instrument was acknowledged by any party thereto or that the execution thereof was proved. (2) False certification is a gross misdemeanor. i ii h 107 i • ELEMENTS OF OFFENSE: \ 1. Being an officer authorized to take a proof or acknowlegment l of an instrument which by law may be recorded; 2 . Knowingly certifies falsely; 3. a. That the execution of such instrument was acknowledged by any party thereto; or b. That the execution thereof was proved. CROSS-REFERENCES: 1. "knowingly" - 9A.08.010 (1) (b) . Page 10 2. "officer" - 9A.04.110 (13) . Page 6 3. "person" - 9A.04. 110 (17) . Page 7 4 . Complete written instrument - 9A.60 .010 (2) . Page 104 5. Incomplete written statement - 9A.60 .010 (3) . Page 104 6. Written instrument - 9A.60 .010 (1) . Page 104 PENALTY: Gross misdemeanor - 9A.20.020 (2) . 108 • CHAPTER 9A.64 RCW FAMILY OFFENSES STATUTE: 9A. 64 .010 BIGAMY 9A.64 .020 INCEST SYNOPSIS: This chapter addresses activities which are felt to be abhorrent to the preservation of the sanctity of the family unit. The section on Bigamy differs from prior law in that: (1) it combines the "bigamous" person and the "consort" into a single statute; (2) it eliminates the prior law defense of six years absence and incorporates .a defense scheme built upon a "reasonable belief" ; (3) adds a mens rea of "intentionally" marrying another but does not appear to relate mens rea to the existence of another spouse for either person (knowledge not required) ; and (4) eliminates language relating to "continuing to cohabit" within the state, therefore making only bigamous marriages contracted within the i state subject to. this section. The offense of incest has been narrowed in concept to include only sexual intercourse between whole or half blood relatives, or ancestors .or descendants no longer to include the second cousins or closer language of prior law. However, descendant is defined to include stepchildren and adopted children under 18 years of age - a broadening of the scope of prior law. The various categories which determined the punishment are no longer included in this new section. A single penalty is set - a Class C felony - with the purpose of citing the more serious incestual situations under Chapter 9 . 79 RCW - 109 • The Rape and Statutory Rape sections as amended by the legislature in the 1975 session. Chapter 14 , Laws of 1975 lst ex. sess . Noticeably. absent is the crime of adultery which was repealed by this enactment. 110 i 9A.64 .010 BIGAMY STATUTE: 9A.64 .010 BIGAMY. (1) A person is guilty of bigamy if he intentionally marries or purports to marry another person when either person has a living spouse. (2) In any prosecution under this section, it is a defense that at the time of the subsequent marriage or purported marriage : (a) The actor reasonably believed that the prior spouse was dead; or (b) A court had entered a judgment purporting to terminate or annul any prior disqualifying marriage and the actor did not know that such judgment was invalid; or (c) The actor reasonably believed that he was legally eligible to marry. (3) Bigamy is a class C felony. ELEMENTS OF OFFENSE: 1. Intentionally marries or purports to marry : 2 . Another person when either person has a living spouse. CROSS-REFERENCES: 1. "actor" - 9A.04. 110 (2) . Page 6 2. "intentionally" - 9A.08 .010 (1) (a) . Page 10 3. "person" - 9A.04 . 110 (17) . Page 7 4. Married - 9. 79 . 140 (2) . Page 179 PENALTY: Class C felony 9A. 20 .020 (1) (c) . i 1�� 9A.64 .020 INCEST STATUTE: 9A.64 .020 INCEST. (1) A person is guilty of incest if he engages in sexua'intercourse with a person whom he knows to be related to him, either legitimately or illegitimately, as an ancestor, descendant, brother, or sister of either the whole or the half blood. (2) As used in this section, . "descendant" includes step- children and adopted children under eighteen years of age. (3) Incest is a class C felony. ELEMENTS OF OFFENSE: 1 . Engages in sexual intercourse; 2. With knowledge that person is related to .him, either legitimately or illegitimately, as an ancestor, descendant, brother, or sister of either the whole or half blood. ACROSS-REFERENCES: 1. "Sexual intercourse" - 9 .79 .140 . Page 178 2. "knowledge" - 9A.08.010 (1) (b) . Page 10 PENALTY: Class C felony - 9A.20 .020 (1) (c) . 112 CHAPTER 9A.68 RCW BRIBERY AND CORRUPT INFLUENCE STATUTE: 9A. 68.010 BRIBERY 9A. 68.020 REQUESTING UNLAWFUL COMPENSATION 9A.68.030 RECEIVING OR GRANTING UNLAWFUL COMPENSATION 9A.68.040 TRADING IN PUBLIC OFFICE 9A.68.050 TRADING IN SPECIAL INFLUENCE SYNOPSIS: This chapter is limited to bribery and the receiving of unlawful compensation involving public servants . In proposing new sections which for the most part are recodifications of existing law, the Act strives for improvement by the application of clearly defined terms and specific culpability standards. The term "public servant" is defined with a view towards fixing with statutory certainty those persons prohibited from accepting pecuniary benefits in return for official favors . The definition covers public officials on all levels of local and state government , as well as jurors. It also includes persons nominated, appointed or elected to public office, although not yet occupying that position. The act prohibits offering, giving or agreeing to give j a bribe to a public servant with the intent of influencing official action. The wron fg ul intent of the actor is the essential factor; it is immaterial if the offer is subsequently • rejected or if the agreement is breached. F' 113 A public servant isrohibited from soliciting a bribe P g with the requisite unlawful intent, and from accepting or agreeing to accept a bribe as consideration for an unlawful agreement or understanding. The purpose of this distinction is to negate the argument that a public servant' s bribe solicitation must be supported by a bilateral agreement or understanding: } 114 9A.68.010 BRIBERY STATUTE: 9A. 68.010 BRIBERY. (1) A person is guilty of bribery if: (a) With the intent to secure a particular result in a particular matter involving the exercise of the public servant's vote, opinion , judgment , exercise of discretion, or other action in his official capacity, he offers , confers , or agrees to confer any pecuniary benefit upon such public servant; or (b) Being a public servant , he requests , accepts or agrees to accept any pecuniary benefit pursuant to an agreement or under- standing that his vote, opinion, judgment, exercise of discretion, or other action as a public servant will be used to secure or Attempt to secure a particular result in a particular matter. (2) It is no defense to a prosecution under this section that the public servant sought to be influenced was not qualified to act in the desired way, whether because he had not yet assumed office, lacked jurisdiction, or for any other reason. (3) Bribery is a class B felony. ELEMENTS OF OFFENSE: 1. a. With the intent to secure a particular result in a particular matter involving the exercise of the public servant's vote, opinion, judgment, exercise of discretion or other action in his official capacity. b. Offers , confers , or agrees to confer; C. Any pecuniary benefit upon such public servant; or 2 . a. Being a public servant; b. Requests , accepts, or agrees to accept; C. Any pecuniary benefit; d. Pursuant to an agreement or understanding that his vote , or opinion, or judgment, or exercise or discretion; or other action as a public servant will be used to secure or attempt to secure a particular result in a particular matter. • CROSS-REFERENCES: l 1. . "acted" - 9A.04 .110 (1) page 6 2. "benefit 9A.04 . 110 (3) page 6 3. "intent" - 9A.08 .010 (1) (a) Page 10 4. "pecuniary benefit" - 9A.04 .110 (16) Page 7 5. "person" - 9A.04 .110 (17) Page 7 6. "public servant" - 9A.04.110 (22) Page 7 PENALTY: Class B felony - 9A.20.020 (1) (b) . 9A.68.020 REQUESTING UNLAWFUL COMPENSATION STATUTE: 9A.68.020 REQUESTING UNLAWFUL COMPENSATION. A public servant is guilty of requesting unlawful compensation if he requests a pecuniary benefit for the performance of an official action knowing that he is required to perform that action without compensation or at a level of compensation lower than that requested. (2) Requesting unlawful compensation is a Class C felony. ELEMENTS OF OFFENSE: 1. Public servant; 2. Requests a pecuniary benefit for the performance of an official action; 3. Knowing: a. That he is required to perform that action without compensation; or b. That he is required to perform that action ata level of compensation lower than that requested. I j 116 • CROSS-REFERENCES: ` 1. "acted" - 9A.04 .110 (1) Page 6 2 . "benefit" - 9A.04 .110 (3) Page 6 3. "knows" - 9A.08.010 (1) (b) Page 10 4 . "pecuniary benefit" - 9A.04 .110 (16) Page 7 5. "person" - 9A.04 .110 (17) Page 7 6 . "public servant" - 9A.04 .110 (22) Page 7 PENALTY: Class C. felony - 9A. 20 .020 (1) (c) 9A.68.030 RECEIVING OR GRANTING UNLAWFUL COMPENSATION STATUTE: • 9A.68.030 RECEIVING OR GRANTING UNLAWFUL COMPENSATION. (1) A person is guilty of receiving or granting unlawful compensation if: (a) Being a public servant, he requests , accepts , or agrees to accept compensation for advice or other assistance in preparing a bill , contract, claim, or transaction regarding which he knows he is likely to have an official discretion to exercise; or (b) He knowingly offers , pays , or agrees to pay compensation to a public servant for advice or other assistance . in preparing or promoting a bill, contract, claim, or other transaction re- garding which the public servant is likely to have an official discretion to exercise. (2) Receiving or granting unlawful compensation is a Class C felony. ��rl ELEMENTS OF'kOFFENSE: 1. a. Being a public servant; b. Requests , accepts , or agrees to accept; C. Compensation; d: For advice, or other assistance in preparing or promoting bill , contract, or claim; or transaction; e. Regarding which he knows he is likely to have an official discretion to exercise; or 2. a. Knowingly offers , pays , or agrees to pay b. Compensation to a public servant; c. For advice or other assistance in preparing or promoting bill, or contract, claim; or other transaction; d. Regarding which the public servant is likely to have an official discretion to exercise. • CROSS-REFERENCES: ) 1. "knows" - 9A.08.010 (1) (b) Page 10 2. "person" - 9A.0.4. 110 (17) Page 7 3. "public servant" - 9A.04 .110 (22) Page 7 PENALTY• Class C felony - 9A.20 .020 (1) (c) 11� 9A:68.040 TRADING IN PUBLIC OFFICE STATUTE: 9A.68.040 TRADING IN PUBLIC OFFICE. (1) A person is guilty of trading in public office if: (a) He offers , confers , or agrees to confer any pecuniary benefit upon a public servant pursuant to an agreement or under- standing that such actor will or may be appointed to a public office; or , (b) Being a public servant, he requests , accepts , or agrees to accept any pecuniary benefit from another person pursuant to an agreement or understanding that such person will or may be appointed to a public office. (2) Trading in public office is a Class C felony. ELEMENTS OF OFFENSE: 1. a. Offers, confers ; or agrees to confer; b. Any pecuniary benefit; C. Upon a public servant; d. Pursuant to an agreement of understanding that such actor will or may be appointed to a public office; or 2. a. Being a public servant; b. Request, accepts ; or agrees to accept; c. Any pecuniary benefit from another person; d. Pursuant to an agreement of understanding that such person will or may be appointed to public office. CROSS-REFERENCE 1. "actor" 9A.04 .110 (2) Page 6 2. "benefit" - 9A.04 .110 (3) Page 6 3 . "pecuniary benefit 9A.04 .110 (16) Page 7 4 . "person" - 9A.04 .110 (17) Page 7 5 . . "public servant" - 9A.04 . 110 (22) Page 7 PENALTY: Class C felony - 9A.20 .020 (1) (c) 119 • 9A.68.050 TRADING IN SPECIAL INFLUENCE l STATUTE: 9A.68.050 TRADING IN SPECIAL INFLUENCE. (1) A person is guilty of trading in special influence if: (a) He offers , confers , or agrees to confer any pecuniary benefit upon another person pursuant to an agreement or under- standing that such other person will offer or confer a benefit upon a public servant or procure another to do so with intent thereby to secure or attempt to secure a particular result in a particular matter; or . (b) He requests , accepts , or agrees to accept any pecuniary benefit pursuant to an agreement or understanding that he will offer or confer a benefit upon a public servant or procure another to do so with intent thereby to secure or attempt to secure a particular result in a particular matter. ELEMENTS OF OFFENSE : 1. a. Offers , Confers , or Agrees to confer; b. Any pecuniary benefit upon another person; • c. Pursuant to an agreement or understanding; ) (i) That such other person will offer or confer a benefit upon a public servant; or (ii) That such other person will procure another to offer or confer a benefit upon a public servant; d. With intent to secure or attempt to sevure a particular .result in a particular matter; or 2. a. Requests , or accepts , or agrees to accept; b. Any pecuniary benefit; C. Pursuant to an agreement or understanding; (i) That he will offer to confer a benefit upon a public servant; or (ii) That he will procure another to offer or confer a benefit upon a public servant. 120 • CROSS-REFERENCES : 1. "benefit" - 9A.04 . 110 (3) Page 6 2. "intent" - 9A.08.010 (1) (a) Page 10 3. "pecuniary benefit" - 9A.04 .110 (16) Page 7 4. "person" - 9A.04.110 (17) Page 7 5. "public servant" - 9A.04 .110 (22) Page 7 PENALTY: Class C felony - 9A.20 .020 (1) (c) • ftii CHAPTER 9A.72 RCW • PERJURY AND INTERFERENCE WITH OFFICIAL PROCEEDINGS l STATUTE: 9A. 72 .010 DEFINITIONS 9A. 72.020 PERJURY IN THE FIRST DEGREE 9A.72 .030 PERJURY IN THE SECOND DEGREE 9A.72 .040 FALSE SWEARING 9A. 72 .050 PERJURY AND FALSE SWEARING--INCONSISTENT STATEMENTS--DEGREE OF CRIME 9A.72.060 PERJURY AND FALSE SWEARING--RETRACTION 9A. 72.070 PERJURY AND FALSE SWEARING--IRREGULARITIES NO DEFENSE 9A. 72.080 STATEMENT OF WHAT ONE DOES NOT KNOW TO BE TRUE 9A. 72 .090 BRIBING A WITNESS • 9A. 72 . 100 BRIBE RECEIVING BY A WITNESS 9A. 72. 110 INTIMIDATING A WITNESS 9A. 72. 120 TAMPERING WITH A WITNESS 9A. 72 .130 INTIMIDATING A JUROR 9A.72.140 JURY TAMPERING 9A. 72.150 TAMPERING WITH PHYSICAL EVIDENCE SYNOPSIS: This chapter and the two following, Chapter 9A.76 RCW - Obstructing Governmental Operations and Chapter 9A.80 RCW - Abuse of Office, could well be titled Washington 's corrupt practices act. This chapter addresses two distinct problems in attempting to administer justice in an orderly manner: The statements made under "oath" by parties to "official proceedings" 122 • and on governmental forms ; and the "influencing" of witnesses and jurors by acts of bribery, tampering or intimidation. The offenses involving false statements follow a statutory scheme in which the severity of punishment is based upon the "arena" in: which the false statement is offered, the intent or lack of intent to mislead and the materiality of the statement which is determined to be false. In. addition to two degrees of purjury a new offense of "false swearing" has been added. This new section of law covers the material of a less culpable nature previously found in RCW 9 .72.030 - Perjury in the second degree. ,r 123 • 9A.72 .010 DEFINITIONS STATUTE: 9A. 72 .010 DEFINITIONS . The following definitions are. applicable in this chapter unless the context otherwise requires : (1) . "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; (2) "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: (a) 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,• .or (b) The statement recites that it was made under oath , the • declarant was aware of such recitation atthe time he 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; (3) An oath is "required or authorized by law" when the use of the oath is specifically provided for by statute or regulatory provision; (4) "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; (S) "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; (6) "Testimony" includes oral or written statements , documents , or any other material that may be offered by a witness in an official proceeding. ,L 124 • 9A.72 .020 PERJURY IN THE FIRST DEGREE STATUTE: 9A. 72 .020 PERJURY IN THE FIRST DEGREE. (1) A person is guilty of perjury in the first degree if in any official pro- ceeding he makes a materially false statement which he knows to be false under an oath required or authorized by law. (2) Knowledge of the materiality of the statement is not an element of this crime , and the actor's mistaken belief that his statement was not material is not a defense to a prosecution under this section. (3) Perjury in the first degree is a Class B felony. ELEMENTS OF OFFENSE: 1. Makes a materially false statement; 2. Knows statement is false; 3. Under an oath required or authorized by law in an official proceeding • CROSS-REFERENCE: 1. "actor" - 9A.04 . 110 (2) Page 6 2. "knows" -- 9A.08.010 (1) (b) Page 10 3. "materially false statement" - 9A.72.010 (1) Page 124 4. "oath" - 9A.72 .010 (2) Page 124 5. "oath required or authorized by law" - 9A.72 .010 (3) Page 124 6 . "official proceeding" - 9A.72.010 (4) Page 124 7. "person" - 9A.04 .110 (17) Page 7 8. Perjury and False Swearing: Inconsistent statement - 9A.72.050 ; Page 128 Retraction - 9A. 72 .060; Page 128 Irregularities no defense - 9A. 72.070 ; Page 128 9 . Statement of what one does not know to be true - 9A. 72 .080 Page 129 125 J • PENALTY : Class B felony - 9A.20.020 (1) (b) 9A. 72.030 PERJURY IN THE SECOND DEGREE STATUTE: 9A. 72.030 PERJURY IN THE SECOND DEGREE. (1) A person is guilty of perjury in the second degree if with intent to mislead a public servant in the performance of his duty , he makes a materially false statement, which he knows to be false under an oath required or authorized by law. (2) Perjury in the second degree is a Class C felony. ELEMENTS OF OFFENSE: 1. With intent to mislead a public servant in the performance of his duty, 2. Makes a materially false statement which he knows to be false. • 3. Under an oath required or authorized by law CROSS-REFERENCE: 1. ".intent" - 9A.08.010 (1) (a) . Page 10 2. "materially false statement" - 9A.72 .010 (1) . Page 124 3. "oath" - 9A.72 .010 (2) . Page 124 4. "oath required or authorized by law" - 9A.72.010 (3) . Page 124 5. "person - 9A.04. 110 (17) . Page 7 6. "public servant" - 9A.04 . 110 (22) . Page 7 7. "perjury and False Swearing: Inconsistent statements - 9A.72 .050 Page 128 Retraction 9A. 72 .060 , Page 128 Irregularities no defense - 9A.72.070 . Page 128 8. Statement of what one does not know to be true - 9A.72 .080 . Page 112911 1 126 _ j • PENALTY: Class C felony .-' 9A. 20.020 (1) (c) 9A.72.040 FALSE SWEARING STATUTE: 9A. 72.040 . FALSE SWEARING. (1) A person is guilty of false swearing if, he makes a false statement, which he knows to be false, under an oath required or authorized by law. (2) False swearing is a gross misdemeanor. ELEMENTS OF OFFENSE: 1. Makes a false statement which he knows to be false, 2. Under oath required or authorized by law. CROSS-REFERENCE: • 1. "knows" - 9A.08.010 (1) (b) . Page 10 2. "oath" - 9A.72.010 (2) . Page 124 3. "oath required or authorized by law" - 9A.72 .010 (3) . Page 124 4 . ".person" - 9A.04 .110 (17) . Page 7 5. Perjury and False Swearing: Inconsistent statements - 9A.72 .050 Page 128 Retraction - 9A.72.060 , Page 128 Irregularities no defense - 9A.72 .070 . Page 128 6 . Statement ofwhat one does not know to be true 9A.72 .080 . Page 129 PENALTY: Gross misdemeanor - 9A.20 .020 (2) 127 a • 9A.72 .050 PERJURY AND FALSE SWEARING-- INCONSISTENT STATEMENTS STATUTE: 9A. 72.050 PERJURY AND FALSE SWEARING: INCONSISTENT STATEMENTS. (1) Where, in the course of one or more official proceedings , a person makes inconsistent material statements under oath, the prosecution may proceed by setting forth the inconsistent statements in a single count alleging in the alternative that one or the other was false and known by the defendant to be false. In such case it shall not be necessary for the prosecution to prove which material statement was false but only that one or the other was false and known by the defendant to be false . (2) The highest offense of which a person may be convicted in .such an instance as set forth in subsection (1) of this section shall be determined by hypothetically assuming each statement to be false. If perjury of different degrees would be established by making of the two statements , the person may only be convicted of the lesser degree. If perjury or false swearing would be established by the making of the two statements , the person may only be convicted of false swearing. For purposes of this section, no corroboration shall be required of either inconsistent statement. . 9A. 72.060 'PERJURY AND FALSE SWEARING--RETRACTION STATUTE: 9A.72 .060 PERJURY AND FALSE SWEARING: RETRACTION. No person shall be convicted of perjury or false swearing if he retracts his false statement in the course of the same proceeding in which it was made , if in fact he does so before it becomes manifest that the falsification is or will be exposed and before the falsification substantially affects the proceeding. State- ments. made in separate hearings at separate hearings at separate stages of the same trial, administrative, or other official proceed- ing shall be treated as if made in the course of the same proceeding. 2 SWEARING IRREGULARITIES .070 PERJURYANDFALSE SWEARING IRREGULARITIES NO DEFENSE STATUTE: 9A.72 .070 PERJURY AND FALSE SWEARING--IRREGULARITIES NO DEFENSE.. It is no defense to a prosecution for perjury or false swearing: (1) That the oath was administered or taken in an irregular manner; or (2) That the person administering the oath lacked authority to do so, if the taking of the oath was required or authorized by law. 128 • 9A.72 .080 STATEMENT OF WHAT ONE DOES NOT KNOW TO BE TRUE STATUTE: 9A. 72.080 STATEMENT OF WHAT ONE DOES NOT KNOW TO BE TRUE. Every unqualified statement of that which one does not know to be true is equivalent to a statement of that which he knows to be false. 9A. 72.090 BRIBING A WITNESS STATUTE: 9A. 72 .090 BRIBING A WITNESS. (1) A person is guilty of bribing a witness if he offers, confers , or agrees to confer any benefit upon a witness or a person he has reason to believe is about to be called as a witness in any official proceeding with intent to: (a) Influence the testimony of that person; or (b) . Induce that person to avoid legal process summoning him to testify; or (c) Induce that person to absent himself from an official proceeding to which he has been legally summoned. (2) Bribing a witness is a Class B felony. ELEMENTS OF OFFENSE: 1. Offers, confers , or agrees to confer any benefit upon a witness or a person he has reason to believe is about to be .cailed as a witness in any official proceeding; 2 . With intent to: a. influence the testimony of that person, or b. induce that person to avoid legal process summoning him to testify, or C. induce that person to absent himself from an official proceeding to which he has been legally summoned. Pr 129 iF CROSS-REFERENCE: 1 . "benefit" - 9A.04 .110 (3) Page 6 2. "intent" - 9A.08.010 (1) (a) Page 10 3. "official proceeding" - 9A.72 .010 (4) Page 124 4 . "person" - 9A.04. 110 (17) Page 7 5. "testimony" - 9A.72.010 (6) Page 124 PENALTY: Class B felony - 9A.20 .020 (1) (b) 9A.72 .100 BRIBE RECEIVING BY A WITNESS STATUTE: . 9A.72 .10.0 BRIBE RECEIVING BY A WITNESS. (1) A witness or ® a person who has reason to believe he is about to be called as.. a witness in any official proceeding is guilty of bribe receiving by a witness if he requests , accepts , or agrees to accept any benefit pursuant to an agreement or understanding that: (a) His testimony will thereby be influenced; or (b) He will attempt to avoid legal process summoning him to testify; or (c) He will attempt to absent himself from an official proceeding to which he has been legally summoned. (2) Bribe receiving by a witness is a Class B felony. ELEMENTS OF OFFENSE: 1. Person who has reason to believe he is about to be called as a witness in any official proceeding; 2. Requests , accepts , or agrees to accept any benefit; 3. Pursuant to an agreement or understanding that; a. his testimony will thereby be influenced, or. b. he will attempt to avoid legal process summoning him to testify, or C. he will attempt to absent himself from an official proceeding to which he has been legally summoned. 130 i ` . CROSS-REFERENCE: 1. "benefit" - 9A.04. 110 (3) . Page 6 2 . "official proceeding" - 9A. 72 .010 (4) . Page 124 3. "person" - 9A.04 .110 (17) . Page 7 4 . "testimony" - 9A. 72 .010 (6) . Page 124 PENALTY: Class B felony - 9A. 20 .020 (1) (b) 9A.72.110 INTIMIDATING A WITNESS STATUTE: 9A.72.110 INTIMIDATING A WITNESS. (1) A person is ' guilty of intimidating a witness if, by use of a threat directed to a witness or a person he has reason to believe is about to be called as a witness in any official proceeding, he attempts to: (a) influence the testimony of that person; or • (b) Induce that person to elude legal process summoning him to testify; or (c) Induce that person to absent himself from such proceedings. (2) "Threat" as used in this section means (a) to communicate, directly or indirectly, the intent imme- diately to use force against any person who is present at the time; or (b) threats as defined in section 9A.04 .110 (25) . (3) Intimidating a witness is a Class B felony. ELEMENTS OF OFFENSE : 1. By use of threat directed to a witness or a person he has reason to believe is about to be called as a witness in any official proceeding; 2 . He attempts to; a. influence the testimony of that person; or b. induce that person to elude legal process summoning him to testify, or C. induce that person to absent himself from such proceedings . 1S1 . CROSS-REFERENCE : . 1. "intent" - 9A.08.010 (1) (a) Page 10 2 . "official proceeding" - 9A.72.010 (4) . Page 124 3. "person" - 9.A.04.110 (17) . Page 7 4: "testimony" = 9A.72 .010 (6) . Page 124 5. "threat" - 9A.04. 110 (25) . Page 7 PENALTY: Class B felony - 9A.20 .020 (1) (b) . 9A. 72. 120 TAMPERING WITH A WITNESS STATUTE: 9A. 72 .120 TAMPERING WITH A WITNESS. (1) . A person is guilty of tampering with a witness if he attempts to induce a witness or person he has reason to believe is about to be called as a witness in any official proceeding to: (a) Testify falsely or, without right or privilege to do so, to withhold any testimony: or (b) Absent himself from such proceedings. (2) Tampering with a witness is a Class C felony. ELEMENTS OF OFFENSE: 1. Attempts to induce witness or person he has reason to believe is about to be called as a witness in any official proceeding; 2. To testify falsely or, without right or privilege to do so, to withhold any testimony or absent himself from such proceedings . CROSS-REFERENCE: 1. "official proceeding" - 9A. 72.010 (4) . Page 124 2. "person" - 9A.04. 110 (17) . Page 7 3. "testimony" - 9A.72 .010 (6) . Page 124 • PENALTY: Class C felony - 9A.20 .020 (1) (c) 132 9A. 72.130 INTIMIDATING A JUROR STATUTE: 9A. 72 . 130 INTIMIDATING A JUROR: (1) A person is guilty of intimidating a juror if, by use of a threat,, he attempts to influence a juror' s vote , opinion, decision, or other official action as a juror. (2) "Threat" as used in this section means: (a) to communicate, directly or indirectly, the intent immediately to use force against any person who is present at the time; or (b) threats as defined in section 9A.04 .110 (25) . (3) Intimidating a juror is a Class B felony. ELEMENTS OF OFFENSE: Attempts to influence juror's vote, opinion, decision, or other official action as a juror by use of threat. CROSS-REFERENCE: • 1. "intent" - 9A.08.010 (1) (a) Page 10 2. "juror" - 9A.72.010 (5) Page 124 3. "person" - 9A.04 .110 (17) Page 7 4 . "threat" - 9A.72 .130 (2) Page 7 PENALTY: Class B Felony =- 9A.20 .020 (1) (b) 9A. 72. 140 JURY TAMPERING STATUTE: 9A.72 .140 JURY TAMPERING. (1) A person is guilty of jury tampering if with intent to influence a juror' s vote, opinion, decision, or other official action in a case , he attempts to communicate directly or indirectly with a juror other than as part of the proceedings in the trial of the case. (2) Jury tampering is a gross misdemeanor. 133 • ELEMENTS OF OFFENSE: 1 1. Attempts to communicate directly or indirectly with a juror other than as part of the proceedings in the trial of the case. 2. With intent to influence juror's vote, opinion, decision, or other official action in a case. PENALTY: Gross misdemeanor - 9A.20 .020 (2) 9A.72 .150 TAMPERING WITH PHYSICAL EVIDENCE STATUTE: 9A. 72 .150 TAMPERING WITH PHYSICAL EVIDENCE. (1) A person is guilty of tampering with physical evidence if, having reason to believe that an official proceeding is pending or about to be instituted and acting without legal right or . authority, he: (a) Destroys , mutilates, conceals , removes, or alters physical evidence with intent to impair its appearance, character, or availability in such pending or prospective official proceeding; or (b) Knowingly presents or offers any false physical evidence. (2) "Physical evidence" as used in this section includes any article, object, document, record, or other thing of physical substance. (3) Tampering with physical evidence is a gross misdemeanor. ELEMENTS OF OFFENSE: 1. With reason to believe that an official proceeding is pending or about to be instituted; 2. He acts without legal right or authority and destroys , mutilates, conceals , removes , or alters physical evidence; 3. With intent to impair its appearance, character or availability in such pending or prospective official proceeding; or 4 . Knowingly presents or offers false physical evidence. 134 1 • CROSS-REFERENCE: 1. "intent" - 9A.08.010 (1) (a) . Page 10 2 . "official proceeding" - 9A.72.010 (4) . Page 124 3. "person" - 9A.04.110 (17) . Page 7 PENALTY: Gross misdemeanor - 9A.20 .020 (2) l CHAPTER 9A.76 RCW OBSTRUCTING GOVERNMENTAL OPERATION STATUTE: 9A. 76.010 DEFINITIONS 9A.76.020 OBSTRUCTING A PUBLIC SERVANT 9A. 76 .030 REFUSING TO SUMMON AID FOR A PEACE OFFICER 9A.76.040 RESISTING ARREST 9A.76.050 RENDERING CRIMINAL ASSISTANCE--DEFINITION OF TERM 9A. 76 .060 RELATIVE DEFINED 9A. 76 .070 RENDERING CRIMINAL ASSISTANCE IN THE FIRST DEGREE 9A. 76.080 RENDERING CRIMINAL ASSISTANCE IN THE SECOND DEGREE • 9A. 76 .090 RENDERING CRIMINAL ASSISTANCE IN THE THIRD DEGREE 9A.76 .100 COMPOUNDING 9A.76 .110 ESCAPE IN THE FIRST DEGREE 9A. 76 .120 ESCAPE IN THE SECOND DEGREE 9A. 76.130 ESCAPE THE THIRD DEGREE 9A.76 .140 INTRODUCING CONTRABAND IN THE FIRST DEGREE 9A. 76 .150 INTRODUCING CONTRABAND IN THE SECOND DEGREE 9A.76.160 INTRODUCING CONTRABAND IN THE THIRD DEGREE 9A. 76 .170 BAIL JUMPING 9A.76.180 INTIMIDATING A PUBLIC SERVANT SYNOPSIS: The statutory scheme of this chapter has as its aim the protection of the sanctity of governmental operations and the punishment for acts which violate this sanctity. This scheme combines offenses which in prior law were contained in several chapters . in doing so, i • a rational approach to punishment is attained by reference to not only. the culpability of the actor, but also by reference to other underlying factors ; i .e . , culpability of person aided--rendering criminal assistance; circumstances of the "restraint"--escape ; type of contraband supplied - introducing contraband. One new -offense , not found in prior law, has been added; bail jumping. This offense is graded by reference to the charge the defendant was "held for or convicted of. " This section as drawn, could result in a conviction for bail jumping even if the defendant is never charged for the underlying offense complaint, by information or indictment. The remaining sections in this chapter are re-enactments of statutes contained in prior law with some marked differences : ! the refusal to summon aid for a peace officer no longer includes l assisting in arresting another; the resisting arrest section applies only to one' s own arrest; the compounding offense now includes the conferor as well as the requestor/acceptor; and intimidating a public servant is graded as a class B felony as opposed to a misdemeanor under prior law. 137 9A. 76.010 DEFINITIONS STATUTE: . 9A. 76 .010 . DEFINITIONS. The following definitions are applicable in this chapter unless the context otherwise requires: (1) "Custody" means restraint pursuant to a lawful arrest or an order of a court; (2) "Dentention facility" means any place used for the confinement, of a person (a) arrested for, charged with or con- victed of an offense, or (b) charged with being or adjudicated to be a dependent or delinquent child as defined in RCW 13.04 .010 as now or hereafter amended, or (c) held for extradition or as a material witness , or (d) otherwise confined pursuant to an order of a court or (e) in any work release, furlough, or other such facility or program; (3) "Contraband" means any article or thing which a person confined in a detention facility is prohibited from obtaining or possessing by statute, rule regulation, or order of a court. ® 9A.76.020 OBSTRUCTING A PUBLIC SERVANT STATUTE: 9A. 76 ..020 OBSTRUCTING A PUBLIC SERVANT. Every person who, (1) without lawful excuse shall refuse or knowingly fail to make or furnish any statement, report, or information lawfully required of him by a public servant, or (2) in any such statement or report shall make any knowingly untrue statement to a public servant, or (3) shall knowingly hinder, delay or obstruct any public servant in the discharge of his official powers or duties , shall be quilty of a misdemeanor. ' ELEMENTS OF OFFENSE: . 1. Without lawful excuse 2. refuses or knowingly fails to make or furnish 3. any statement, report, or information lawfully required of him by a public servant or 1. In statement or report 2. Knowingly 3. make untrue statement to a public servant or ® 1. knowingly 2 . hinder, delay, or obstruct any public servant in the ) discharge of his official powers or duties • CROSS-REFERENCES: 1 . "knowingly" - 9A.08.010 (1) (b) page 10 2 . "person" - 9A.04 .110 (17) Page 7 3. ".public servant" - 9A.04 .110 (22) Page 7 PENALTY: Misdemeanor - 9A.20 .020 (3) . 9A.76.030 REFUSING TO SUMMON AID FOR A PEACE OFFICER STATUTE: 9A.76 .030 REFUSING TO SUMMON AID FOR A PEACE OFFICER. (1) A person is guilty of refusing to summon aid or a peace officer if, upon request by a person he knows to be a peace officer, he unreasonably refuses or fails to summon aid for such peace officer. (2). Refusing to summon aid for a peace officer is a mis- deameanor. ( ELEMENTS OF OFFENSE: ` 1. Upon Request by a person he knows to be a peace officer; 2 . Unreasonably refuse or fail to summon aid for such peace officer. CROSS-REFERENCES: 1. "peace officer" - 9A.04 .110 (15) Page 7 2. ",person" - 9A.04 .110 (17) Page 7 PENALTY: Misdemeanor - 9A. 20 .020 (3) 9A. 76 .040 RESISTING ARREST STATUTE! 9A. 76 .040 RESISTING ARREST. (1) A person is guilty of resisting arrest if he intentionally prevents or attempts to prevent a peace officer from lawfully arresting him. k • (2) Resisting arrest is a misdemeanor. F F 139 • ELEMENTS OF OFFENSE: 1. Intentionally ' 2 . prevent or attempt to prevent 3. a peace officer from lawfully arresting him CROSS-REFERENCES: 1 . "intentionally" - 9A.08.010 (1) (a) Page 10 2. "peace officer" - 9A.04 .110 (15) Page 7 3. "person" - 9A.04 .110 (17) Page 7 PENALTY: Misdemeanor - 9A.20 .020 (3) 9A. 76 .050 RENDERING CRIMINAL ASSISTANCE--DEFINITION OF TERM STATUTE: 9A. 76 .050 RENDERING CRIMINAL ASSISTANCE--DEFINITION OF TERM. • As used in sections 9A. 76 .070 , 9A. 76 .080 , and 9A.76 .090 , a person "renders criminal assistance" if , with intent to prevent , hinder, or delay the apprehension or prosecution of another person who he knows has committed a crime or is being sought by law enforcement officials for the commission is a crime or has escaped from a detention facility, he: (1) Harbors or conceals such person; or (2) Warns such person of impending discovery or apprehension; or (3) Provides such person with money, trasportation, disguise, br other means of avoiding discovery or apprehension, or (4) Prevents or obstructs , by use of force , deception, or threat, anyone from performing an act that might aid in the discovery or apprehension of such person; or . (5) Conceals, alters , or destroys any physical evidence that might aid in the discovery or apprehension of such person; or (6) Provides such person with a weapon. 9A. 76 .060 RELATIVE DEFINED STATUTE: 9A. 76 .060 RELATIVE DEFINED. A5 used in sections 9A. 76 .070 and 9A.76 .080 , "relative" means a person: 140 • (1) Who is related as husband or wife, brother or sister , parent or°:grandparent, child or grandchild, step-child or step- parent to -the person to whom criminal assistance is rendered; and (2) Who does not render criminal assistance to another person in one or more of the means defined in subsections (4) , (5) , or (6) of section 9A.76 .050 . 9A. 76 .070 RENDERING CRIMINAL ASSISTANCE IN THE FIRST DEGREE STATUTE: 9A.76 .070 RENDERING CRIMINAL ASSISTANCE IN THE FIRST DEGREE. (1) A person is guilty of rendering criminal assistance in the first degree if he renders criminal assistance to a person who has committed or is being sought for murder in the first degree or any Class A felony. (2) Rendering criminal assistance in the first degree is : (a) A gross misdemeanor. if it is established by a prepon- derance of the evidence that the actor is a relative as defined in section 9A.76 .060 ; (b) A Class C Felony in all other cases . ELEMENTS OF OFFENSE : 1. Renders criminal assistance; 2 . To a person who has committed or is being sought: a. for murder in the first degree , or b. any Class A felony. CROSS-REFERENCES: 1. "actor" - 9A.04 . 110 (2) . Page 6 2. "person" - 9A.04 .110 (17) Page 7 _ 3. "knowledge 9A.08.0101 e 10 ( ) (b) Page 4 . "rendering criminal assistance" - 9A.76 .050 . Page 140 5. Relative Defined - 9A. 76 .060 . Page 140 PENALTY: 1. If it is established by a preponderance of the evidence that the actor is a relative - gross misdemeanor - • 9A. 20 .020 (3) . 2 . Class C felony in all other cases - 9A.20 .020 (1) (c) . ,F 141 • 9A. 76 .080 RENDERING CRIMINAL ASSISTANCE IN THE SECOND DEGREE STATUTE: 9A. 76 .0.80 RENDERING CRIMINAL ASSISTANCE IN THE SECOND DEGREE. (1) A person is guilty of rendering criminal assistance in the second degree if he renders criminal assistance to a person who has committed or is being sought for a Class B or Class felony. (2) Rendering criminal assistance in the second degree is : (a) A misdemeanor if it is established by a preponderance of the evidence that the actor is a relative as defined in section 9A. 76 .060; (b) A gross misdemeanor in all other cases . ELEMENTS OF OFFENSE: 1. Renders criminal assistance; 2. To a person who has committed or is being sought. a. for a Class B felony, or b. for a Class C felony. CROSS-REFERENCES: 1. "actor" - 9A.04 .110 (2) . Page 6 2. "person" - 9A.04. 110 (17) Page 7 3. "renders criminal assistance" - 9A. 76 .050 . Page 140 4 . Class B felony - 9A.20 .020 (1) (b) . Page 27 5. Class C felony - 9A.20 .020 (1) (c) . Page 27 PENALTY: 1. If it . is established by a preponderance of the evidence that the actor is a relative - misdemeanor - 9A. 20 .020 (3) . 2. In all other cases - gross misdemeanor - 9A.20 .020 (2) . 142 9A. 76 .090 RENDERING CRIMINAL ASSISTANCE IN THE THIRD DEGREE • STATUTE: 9A. 76 .090 RENDERING CRIMINAL ASSISTANCE IN THE THIRD DEGREE . (1) A person is guilty of rendering criminal assistance in the third degree if he renders criminal assistance to a person who has committed a gros misdemeanor or a misdemeanor. (2) Rendering criminal assistance in the third degree is a misdemeanor. ELEMENTS OF OFFENSE: 1. Renders criminal assistance; 2. To a person who has committed; a. a gross misdemeanor, or b. misdemeanor. CROSS-REFERENCES: 1. "person" - 9A.04. 110 (17) page 7 2. "rendering criminal assistance" - 9A. 76 .050 . Page 140 • 3. Gross misdemeanor - 9A.20 .020 (2) Page 27 4 . Misdemeanor - 9A.20 .020 (3) . Page 27 PENALTY: Misdemeanor - 9A. 20 .020 (3) 9A. 76 . 100 COMPOUNDING STATUTE: 9A. 76 .100 COMPOUNDING. (1) A person is guilty of compounding if: (a) He requests , accepts , or agrees to accept any pecuniary benefit pursuant to an agreement or understanding that he will refrain from initiating a prosecution for a crime; or (b) He confers , or offers or agrees to confer, any pecuniary benefit upon another pursuant to an agreement or understanding that such other person will refrain from initiating a prosecution for a crime. (2) In any prosecution under this section, it is. a defense if established by a preponderance of the evidence that the pecuniary benefit did not exceed an amount which the defendant • reasonably believed to be due as restitution or indemnification for harm caused by the crime . (3) Compounding is a gross misdemeanor. 143 • ELEMENTS OF OFFENSE: 1. a. Requests , accepts , or agrees to accept; b. Any pecuniary benefit; C. Pursuant to an agreement or understanding that he will refrain from initiating a prosecution for a crime or, 2. a. Confers , or offers or agrees to confer: b. Any pecuniary benefit; c. Upon another; d. Pursuant to an agreement or understanding that such other person will refrain from initiating a prosecution for a crime. • CROSS-REFERENCES: 1. "pecuniary benefit" - 9A.04 .110 (16) . page 7 ' 2 . "person" - 9A.04 .110 (17) . Page 7 PENALTY: Gross misdemeanor - 9A.20 .020 (2) . 9A. 76 .110 ESCAPE IN THE FIRST DEGREE STATUTE: 9A.76 .110 ESCAPE IN THE FIRST DEGREE. (1) A person is guilty of escape in the first degree if , being detained pursuant to a conviction of a felony, he escapes from custody or a detent- ion facility. (2) Escape in the first degree is a Class B felony. ELEMENTS OF OFFENSE: 1. While detained pursuant to a conviction of a felony; . 2. Escape from custody .or a detention facility. 144 • 9A. 76 .120 ESCAPE IN THE SECOND DEGREE STATUTE: 9A. 76 .120 ESCAPE IN THE SECOND DEGREE. (1) A person is guilty of escape in the second degree if : (a) He escapes from a detention facility; or (b) Having been charged with a felony, he escapes from custody. (2) Escape in the second degree is a Class C felony. ELEMENTS OF OFFENSE: 1. Escape from a detention facility; or 2 . Having been charged with a felony escapes from custody. CROSS-REFERENCES: 1. "custody" .- 9A. 76 .010 (1) . Page 138 2 . "detention facility" - 9A. 76 .010 (2) . Page 138 • 3. "person" - 9A.04. 110 (17) . Page 7 4 . "felony" - 9A.20 .010 ; 9A. 28.010 . Pages 21 & 30 5. Commentary - 9A. 76 .110 . Page 144 PENALTY: Class C felony - 9A.20 .020 (1) (c) 9A. 76 . 130 ESCAPE IN THE THIRD DEGREE STATUTE: 9A. 76 .130 ESCAPE IN THE THIRD DEGREE. (1) A person is guilty of .escape in the third degree if he escapes from custody. 'f (2) Escape in the third degree is a gross misdemeanor. ELEMENTS OF OFFENSE: 1 . Escape from custody. • CROSS-REFERENCES: 1 . "custody" - 9A. 76 .010 (1) . Page 138 2. "person" -- 9A.04 .110 (17) . Page 7 145 tPENALTY: Gross misdemeanor - 9A. 20 .020 (2) . 9A. 76 .140 INTRODUCING CONTRABAND IN THE FIRST DEGREE. STATUTE: 9A. 76 .140 INTRODUCING CONTRABAND IN THE FIRST DEGREE. (1) A person is guilty of introducing contraband in the first degree if he knowingly provides any deadly weapon to any person confined in a detention facility. (2) Introducing contraband in the first degree is a Class B felony. ELEMENTS OF OFFENSE: 1. Knowingly provides any deadly weapon; 2. To any person confined in a detention facility. CROSS-REFERENCES: 1. "contraband" - 9A. 76 .010 (3) . Page 138 2. "deadly weapon" - 9A.04 .110 (6) . Page 6 3. "detention facility" - 9A. 76 .010 (2) . Page 138 4. "knowingly" - 9A.08.010 (1) (b) . Page 10 5. "person" - 9A.04.110 (17) . Page 7 PENALTY : Class B felony - 9A. 20 .020 (1) (b) . 9A. 76 . 150 INTRODUCING CONTRABAND IN THE SECOND DEGREE STATUTE: 9A. 76. 150 INTRODUCING CONTRABAND IN THE SECOND DEGREE. (1) A person is guilty of introducing contraband in the second degree if he knowingly and unlawfully provides contraband to any person confined in a detention facility with the intent that such contraband be of assistance in an escape or in the commission of a crime. 146 (2) Introducing contraband in the second degree is a Class C. felony. ELEMENTS OF OFFENSE : 1 . Knowingly and unlawfully; 2. Provides contraband to any person confined in a detention facility; 3. With intent that such contraband be of assistance : Aa in an escape, or b. in the commission of a crime. CROSS-REFERENCES: 1. "contraband" - 9A.76 .010 (3) . Page 138 2. "dentention facility" - 9A.76 .010 (2) . Page 138 3. "knowing" - 9A.08.010 (1) (b) page 10 • 4 . "intent" - 9A.08.010 (1) (a) . Page 10 5. "person" - 9A.04 .110 (17) . Page 7 PENALTY: Class C felony - 9A.20 .020 (1) (c) . 9A.76 .160 INTRODUCING CONTRABAND IN THE THIRD DEGREE STATUTE: 9A. 76 . 160 INTRODUCING CONTRABAND IN THE THIRD DEGREE. (1) A person is guilty of introducing contraband in the third degree if he .knowingly and unlawfully provides contraband to any person confined in a detention facility. (2) Introducing contraband in the third degree is a misdemeanor. ELEMENTS OF. OFFENSE: 1. Knowingly and unlawfully 2. Provides contraband to any person confined in a detention facility. i I� t 147 • CROSS-REFERENCES: 1 . "contraband" - 9A. 76 .010 (3). page 138 2 . "detention facility" - 9A. 76 .010 (2) . Page 138 3. "knowing" - 9A.08.010 (1) (b) . Page 10 4. "intent 9A. 08.010 (1) (a) . Page 10 5. "person" - 9A.04.110 (17) . Page 7 PENALTY: Misdemeanor - 9A.20 .020 (3) . 9A.76 . 170 BAIL JUMPING STATUTE: 9A. 76 . 170 BAIL JUMPING. (1) Any person having been released by court order or admitted to bail with the requirement of a subsequent personal appearance before any court of this state , • and who knowingly fails without lawful excuse to appear as required is guilty of bail jumping. Unless otherwise established, the failure to appear when required shall be inferred to have been without lawful excuse. (2) Bail jumping is : (a) A Class A felony if the person was held for, charged with, or convicted of murder in the first degree; (b) A Class B felony if the person was held for, charged with, or convicted of a Class A felony; (c) A Class C felony if the person was held for, charged with , or convicted of a Class B felony; (d) A gross misdemeanor if the person was held for, charged with, or convicted of a Class C .felony; (e) A misdemeanor if the person was held for, charged with, or convicted of a gross misdemeanor or misdemeanor. ELEMENTS OF .OFFENSE: 1 . Person released by court order or admitted to bail with the requirement of a subsequent personal appearance before any court of this state; . 2 . Knowingly fails without lawful excuse to appear as required. 148 CROSS-REFERENCES : 1. "knowingly" - 9A.08 .010 (1) (b) . Page 10 2 . "person" - 9A.04 .110 (17) . Page 7 3 . Class A felony - 9A. 20.020 (1) (a) . Page 27 4 . Class B felony - 9A.20 .020 (1) (b) . Page 27 5 . Class C felony - 9A.20 .020 (1) (a) . Page 27 6 . Gross misdemeanor - 9A. 20 .020 (2) . Page 27 7. Misdemeanor - 9A.20 .020 (3) . Page 27- 8. Murder in the first degree - 9A.32 .030. Page 37 9. Crimes by Classification - Introduction Table 2. PENALTY: 1. If the person was held for, charged with, or convicted • of murder in the first degree, Class A felony - 9A.20.020 (1) (a) .. 2. If the person was held for, charged with, or convicted 'of a Class A felony, Class B felony - 9A.20 .020 (1) (b) . 3. If the person was held for, charged with, or convicted of a Class B felony, Class C felony - 9A.20 .020 (1) (c) . 4. If the person was held for, charged with, or convicted of a class C felony, gross misdemeanor - 9A.20 .020 (2) . 5. If the person was held for, charged with, or convicted of a gross misdemeanor or misdemeanor, misdemeanor - 9A.20.020 (3) . 9A.76 .180 INTIMIDATING A PUBLIC SERVANT STATUTE: 9A.76 .180 INTIMIDATING A PUBLIC SERVANT. (1) A person is guilty. of intimidating a public servant if, by use of a threat, he attempts to influence a public servant ' s vote, opinion, decision, or other official action as a public servant. 149 STATUTE: (Cont. ) l (2) For purposes of this section "public servant" shall not include jurors . (3) "Threat" as used in this section means (a) to communicate, directly or indirectly, the intent immediately to use force against any person who is present at the time; or (b) threats as defined in section 9A.04 .110 (25) . (4) Intimidating a public servant is a Class B felony. ELEMENTS OF OFFENSE: 1. By use of a threat, 2. Attempts to influence a public servant' s vote, opinion, decision, or other official action as a public servant . CROSS-REFERENCES: 1. "intent" - 9A.08.010 (1) (a) . Page 10 2. "person" - 9A.04 .110 (17) . Page 7 3. "public servant" - 9A.04 .110 (22) ; 9A.76 .180 (2) . Pages 7 & 150 4. "threat" - 9A. 76 .180 (3) - 9A.04 .110 (25) . Pages 150 & 7 5. Obstructing a public servant - 9A.76 .020 . Page 138 PENALTY: Class B felony - 9A.20 .020 (1) (b) . 1�Q 9 CHAPTER 9A. 80 RCW ABUSE OF OFFICE STATUTE: 9A. 80 .010 OFFICIAL MISCONDUCT SYNOPSIS: This one section chapter is intended to punish corrupt behavior in office and other misconduct by public officials (bribery and corrupt influence are covered by 9A..68 RCW) . Two types of official misconduct are covered in this chapter. The intentional unauthorized act and the intentional omission ` or lack of performance of an official duty. The framers of this chapter felt that although this statute could be treated in Chapter 9A.68 RCW - Bribery and Corrupt Influence, a separate chapter was called for so as to lay the framework for a body of law to further attack crimes committed under the guise of a public servant performing his duties . i i r } 151 9A.80 .010 ABUSE OF OFFICE 1 STATUTE: 9A.08.010 OFFICIAL MISCONDUCT. (1) A public servant is guilty of official misconduct if, with intent to obtain a benefit or to deprive another person of a lawful right or privilege : (a) He intentionally commits an unauthorized act under color of law; or (b) He intentionally refrains from performing a duty imposed upon him by law. (2) Official misconduct is a gross misdemeanor. ELEMENTS OF OFFENSE: 1. With intent to obtain a benefit or deprive another person of a lawful right or privilege; 2 . Intentionally commits an unauthorized act under color of law, or refrains from performing a duty imposed upon him by law. CROSS-REFERENCES: 1. "benefit" - 9A.04 . 110 (3) . Page 6 } 2 . "intent" - 9A.08.010 (1) Ca) . Page 10 3. "public servant" - 9A.04 . 110 (22) . Page 7 4 . Trading in Public Office - 9A.68 .040 (1) (b) . Page 119 5. Bribery and Corrupt Influence - Chapter 9A.68 RCW. Page 113 PENALTY: Gross misdemeanor - 9A.20 .020 (2) . 152 • CHAPTER 9A. 84 RCW PUBLIC DISTURBANCE STATUTE: 9A. 84 .010 RIOT 9A.•84.020 FAILURE TO DISPERSE 9A.84.030 DISORDERLY CONDUCT 9A. 84.040 FALSE REPORTING SYNOPSIS: This chapter covers a broad range of violent or disruptive behavior. A primary consideration of the chapter is the protection of rights to free speech and assembly guaranteed by both the Federal and State Constitutions . A majority of the offenses are classi- • fied as gross misdemeanors or misdemeanors. The offense of riot is substantially the same as prior law; the differences being the number of participants necessary to constitute this offense is raised to four .(prior law required three) and the proscriptive activity is stated as that which harms or creates the risk of harm to other persons or property rather than in terms of a purpose to commit another crime. The offense of failure to disperse replaces the prior law's unlawful assembly and remaining after warning. This new offense is based upon activity which creates a substantial risk of causing injury to any person or substantial harm to property. I ii it • is �r .F 1 15 3 This offense also requires that at least four persons congregate; • therefore , if only three persons carry on such activity and they fail to disperse upon a lawful order they could not be charged under this section (see, however, 9A. 84 .030 , disorderly conduct - Note: if traffic not obstructed, a public meeting or assembly is not disrupted and abusive language is not used, the filing of criminal charges would depend on whether activity involved constituted obstructing a public servant- 9A.76 .020 or resisting arrest - 9A. 76 .040 . This is true because of the constitu- tional "tightening" of disorderly conduct. The offense of disorderly conduct is defined in terms of activity causing or creating a risk of public annoyance or alarm. By doing so, it excludes activities which are not likely to • disturb public order. In focusing primarily on the intent of the actor--not just on his conduct--this section recognizes the 1 fundamental First Amendment freedoms , something which was lacking in prior law. False reporting is a narrow section concerned only with false reports relating to catastrophes , crime or emergencies . Such report must be likely to cause evacuation of a building, place of assembly, transportation facility or cause public inconvenience or harm. Noticeably absent are offenses such as loitering, public intoxication, vagrancy and activity involving "harassment" . 154 • 9A. 84 .010 RIOT STATUTE: 9A. 8,4..010 RIOT. (1) A person is guilty of the crime of riot if, acting th three or more other persons , he knowingly and unlawfully uses or threatens to use force, or in any way participates in the use of such force, against any other person or against. property. (2) The crime of riot is : (a) A Class C felony, if the actor is armed with a deadly weapon; (b) A gross misdemeanor in all other cases. ELEMENTS OF OFFENSE: 1. Acting with three or more other person.5; 2 . Knowingly and unlawfully uses or threatens to use force or in any way participates in the use of such force; 3.. Against any other person or against property. CROSS--REFERENCE: 1. "actor" - 9A.04 . 110 (2) . Page 6 "acting" - 9A.04 .110 (1) Page 6 2 . "deadly weapon" - 9A.04,. 110 (6) Page 6 3. "knowingly" - 9A.08.010 (1) (b) Page 10 4 . "person" - 9A.04 .110 (17) Page 7 5. "property" - 9A.04 .110 (21) Page 7 6. "threatens" - 9A.04. 110 (25) Page 7 PENALTIES : 1. If actor is armed with a deadly weapon--Class C felony, 9A.20 .020 (1) (c) . 2. In all other cases--Gross misdemeanor, 9A.20 .020 (2) . 1�5 . 9A. 84 .020 FAILURE TO DISPERSE STATUTE: 9A. 84-.020 FAILURE TO DISPERSE. (1) A person is guilty of failure to disperse if: (a) He congregates with a group of three or more other persons and there are acts of conduct within that group which create a substantial risk of causing injury to any person, or substantial harm to property; and (b) He refuses or fails to disperse when ordered to do so by a peace officer or other public servant engaged in enforcing or executing the law. (2) Failure to disperse is a misdemeanor. ELEMENTS OF OFFENSE: 1. Congregates with a group of three or more other persons; 2. There are acts of conduct within that group which create a substantial risk of causing injury to any person, or substantial harm to property and 3. Refuses or fails to disperse when ordered to do so by a peace officer , or public servant. CROSS-REFERENCE: 1. "peace officer" - 9A.04 .110 (15) . page 7 2 . "person" - 9A.04 .110 (17) . Page 7 3. "property" - 9A.04 . 110 (21) . Page 7 4 . "public servant" - 9A.04.110 (22) . Page 7 PENALTY: Misdemeanor - 9A.20 .020 (3) 156 • 9A. 84 .030 DISORDERLY CONDUCT STATUTE: 9A.84 .030 DISORDERLY CONDUCT. (1) A person is guilty of disorderly conduct if he: (a) Uses abusive language and thereby intentionally creates a risk of assault; or (b) Intentionally disrupts any lawful assembly or meeting of persons without lawful authority; or (c) Intentionally obstructs vehicular or pedestrian traffic without lawful authority. (2) Disorderly conduct is a misdemeanor. ELEMENTS OF OFFENSE: 1. Uses abusive language intentionally creating a risk of assault; or 2 . Intentionally disrupts any lawful assembly or meeting of persons without lawful authority; or 3. Intentionally obstructs vehicular or pedestrian traffic without lawful authority. CROSS-REFERENCE: 1. "assault" - 9A.36 Page 46 2. "intent" - 9A.08.010 (1) (a) Page 10 3. "vehicle" - 9A.04 . 110 (26) Page 8 PENALTY: Misdemeanor - 9A. 20 .020 (3) 9A. 84 .040 FALSE REPORTING STATUTE : 9A. 84 .040 FALSE REPORTING. (1) A person is guilty of false reporting if with knowledge that the information reported, conveyed or circulated is false , he initiates or circulates a false report or warning of an alleged occurrence or impending occurrence of a fire, explosion, crime, catastrophe, or emergence knowing that such false report is likely to cause evacuation of a building, place of assembly, or transportation facility, or to cause public inconvenience or alarm. (2) False reporting is a gross misdemeanor. 157 • ELEMENTS OF OFFENSE: I. With knowledge that information reported, conveyed or circulated is false; 2. Initiates or circulates a false report or warning; of 3. an alleged occurrence , impending occurrence, or fire , explosion, crime, catastrophe , or emergency; 4 . Knowing that such false report is likely to cause evacuation of a building; place of assembly or transportation facility, or public inconvenience or alarm. CROSS-REFERENCE: 1. "knowledge" - 9A.08. 010 (1) (b) . page 10 2 . "person" - 9A.04 . 110 (17) . Page 7 PENALTY: • Gross misdemeanor - 9A. 20 .020 (2) ) • CHAPTER 9A. 88 RCW PUBLIC INDECENCY--PROSTITUTION--SEX CRIMES STATUTE: 9A. 88 .010 PUBLIC INDECENCY 9A. 88 .020 COMMUNICATION WITH A MINOR FOR IMMORAL PURPOSES 9A. 88.030 PROSTITUTION 9A. 88.050 PROSTITUTION--SEX OF PARTIES IMMATERIAL--N0 DEFENSE 9A.88.060 PROMOTING PROSTITUTION--DEFINITIONS 9A. 88.070 PROMOTING PROSTITUTION IN THE FIRST DEGREE 9A. 88.080 PROMOTING PROSTITUTION IN THE SECOND DEGREE 9A. 88.090 PERMITTING PROSTITUTION 9A. 88.100 INDECENT LIBERTIES • (NOTE: 9A. 88.040 - PATRONIZING A PROSTITUTE was deleted by the legislature) SYNOPSIS: This chapter creates a comprehensive offense scheme covering conduct characteristic of prostitution carried on as a commercial enterprise. In addition to the . prostitute, it is designed to reach the typical "panderer". "pimp" and "madam" . The mens rea requirement applicable to these sections is "knowledge" . (9A.08 .010 (2) ) . This scheme therefore requires a knowing receipt of money or other property upon an agreement or understanding that such benefit is derived from prostitution. 159 i T • he language advances is designed to reach conduct that, in effect, aids and abets an act or enterprise of prostitution. This includes procuring prostitutes for patrons and procuring patrons for prostitutes . It would also reach transportation of persons for purposes of prostitution. (Note: it does not reach the "patron" . ) This chapter is not intended to reach the patron of a prosti- tute who, in paying a fee and engaging in sexual conduct, may "cause a person to engage in prostitution, " or "engages in . . . conduct that institutes , aids or facilitates an act . . . of prostitution. However, soliciting a person to commit prostitution would be a Class C felony under the definition of advances . The no defense section-9A. 88.050 makes quite clear the fact What sex of the parties is immaterial-homosexual and lesbian activities and male prostitutes are included. Promoting prostitution (pimps , madams, procurers and panderers) is graded as a class B or class C felony depending on the .existence of threats and the age of the prostitutes. The crime of prostitu- tion is now graded as a misdemeanor. The new offense of public indecency is a combination of three Title 9 statutes . This activity proscribed .is limited to the obscene exposure of ones person or that of another. This section makes no reference to the taking of indecent liberties , chaste character or ."vicious cohabitation"--all subjects of the prior statutory scheme. Because of the narrow area .of application, .this offense is a misdemeanor unless such person exposes himself •to a person under the age of fourteen years , in which case indecency is a gross misdemeanor. 160 • The offense of communication with a minor for immoral purposes is substantially similar to prior law with two exceptions . The age of the minor is changed from eighteen to seventeen and repeat sexual offenders are subject to punishment as a class C felony as opposed to a gross misdemeanor for first time offenders. The offense of indecent liberties is now designed to cover all forms of nonconsensual "sexual conduct" which does not involve penetration of a sexual organ-rape-although such activity could be charged under this statute. The prior law's section on exposure is now contained in 9A. 88.010-public indecency . Cross reference to definitions contained in RCW 9 . 79 .140 and a new definition of "sexual contact" should aid in the application of this section. • IIS I, i�; 161 • 9A. 88 .010 PUBLIC INDECENCY STATUTE.- 9A. 88.010 TATUTE:9A. 88.010 PUBLIC INDECENCY. (1) A person is guilty of public indecency if he makes any open and obscene exposure of his person or the person of another knowing that such conduct is likely to cause reasonable affront or alarm. (2) Public indecency is a misdemeanor unless such person exposes himself to a person under the age of fourteen years in which case indecency is a gross misdemeanor. ELEMENTS OF OFFENSE: 1. Makes any open and obscene exposure of his person or person of another; 2. Knowing that such conduct is likely to cause reasonable affront or alarm. CROSS-REFERENCE: • 1. "knowing" - 9A.08.010 (1) (b) . Page 10 ) 2. "person" - 9A.04 . 110 (17) . Page 7 PENALTY : 1. Misdemeanor - 9A.20 .020 (3) ; unless 2. Such person exposes himself to a person under the age of fourteen years — gross misdemeanor - 9A. 20 .020 (2) . 9A. 88.020 COMMUNICATION WITH A MINOR FOR IMMORAL PURPOSES STATUTE: 9A. 88.020 COMMUNICATION WITH A MINOR FOR IMMORAL PURPOSES . Any person who communicates with a child under the age of seventeen years of age for immoral purposes shall be guilty of a gross misdemeanor, unless such person has previously been convicted of a felony sexual offense or has previously been convicted under this section or RCW 9 . 79 .130 , in which case such person shall be guilty of a Class C felony. 1 162 . ELEMENTS OF OFFENSE: 1. Communicates with a child under the age of seventeen years of age; 2 . For immoral purposes . CROSS-REFERENCE: 1. "person" - 9A.04 . 110 (17) . Page 7 PENALTY: 1 . Gross misdemeanor - 9A.20 .020 (2) ; unless 2. Such person has previously been convicted of a felony sexual offense. or has previously been convicted under this section or RCW 9 . 79 . 130 , - Class C felony - 9A.20 .020 (1) (c) . 9A. 88.030 PROSTITUTION j STATUTE: ` 9A. 88.030 PROSTITUTION. (1) A person is guilty of prostitu- tion if such person engages or agrees or offers to engage in sexual conduct with another, person in return for a fee . (2) Prostitution is a misdemeanor. ELEMENTS OF OFFENSE: 1. engages , agrees or offers to engage 2. In sexual conduct with another person 3. In return for a fee. PENALTY: Misdemeanor - 9A.20 .020 (3) 163 i . 9A. 88.050 PROSTITUTION: NO DEFENSE STATUTE: 9A. 88. 050 PROSTITUTION: NO DEFENSE. In any prosecution for prostitution; the sex of the two parties or prospective parties to the sexual conduct engaged in , contemplated, or solicited is immaterial , and it is no defense that: (1) Such persons were of the same sex; or (2) The person who received, agreed to receive, or solicited a fee was a male and the person who paid or agreed or offered. to pay such fee was female. 9A. 88.060 PROMOTING PROSTITUTION--DEFINITIONS STATUTE: 9A. 88.060 PROMOTING PROSTITUTION--DEFINITIONS . The following definitions are applicable in sections 9A. 88.070 through 9A. 88.090 : (1) "Advances prostitution. " A person "advances prostitution" if, acting other than a prostitute or as a customer thereof, he causes or aids a person to commit or engage in prostitution, pro- cures or solicits customers for prostitution, provides persons or premises for prostitution purposes , operates or assists in the i operation of a house of prostitution or a prostitution enterprise , or engages in any other conduct designed to institute, aid, or facilitate an act or enterprise of prostitution. (2) "Profits from prostitution. " A person "profits from prostitution" if, acting other than a prostitute receiving compen- sation for personally rendered prostitution services , he accepts or receives money or other property pursuant to an agreement or understanding with any person whereby he participates or is to participate in the proceeds of prostitution activity. 9A.88.070 PROMOTING PROSTITUTION IN THE FIRST DEGREE STATUTE: 9A. 88 .070 PROMOTING PROSTITUTION IN THE FIRST DEGREE. (1) A person_ is guilty of promoting prostitution in the first degree if he knowingly: (a) Advances prostitution by compelling a person by threat of force to engage in prostitution or profits from prostitution which results from such threat or force; or (b) Advances or profits from prostitution of a person less than eighteen years old. (2) Promoting prostitution in the first degree is a Class B felony. 164 ELEMENTS OF OFFENSE: 1 . Knowingly: a. Advances prostitution by compelling a person by threat or force to engage in prostitution or profits from prostitution which results from such threat or force; or b. Advances or profits from prostitution of a person less than eighteen years old; PENALTY: Class B felony - 9A. 20 .020 (1) (b) 9A. 88.080 PROMOTING PROSTITUTION IN THE SECOND DEGREE STATUTE: 9A. 88.080 PROMOTING PROSTITUTION IN THE SECOND DEGREE. (1) A person is guilty of promoting prostitution in the second degree if he knowingly; (a) Profits from prostitution; or (b) Advances prostitution. (2) Promoting prostitution in the second degree is a Class C felony. ELEMENTS OF OFFENSE: 1. Knowingly profits from prostitution or advances prostitution. CROSS-REFERENCE: 1 . "advances prostitution" - 9A. 88.060 (1) Page 164 2. "knowingly" - 9A.08 .010 (1) (b) Page 10 3 . "person" - 9A.04 . 110 (17) Page 7 4 . "profits from prostitution" - 9A. 88.060 (2) Page 164 PENALTY: Class C felony - 9A.20 .020 (i) (c) iS� F . 9A. 88.090 PERMITTING PROSTITUTION STATUTE: 9A. 88.090 PERMITTING PROSTITUTION. (1) A person is guilty of permitting prostitution if, having possession or control of premises which he knows are being used for prostitution purposes , he fails without lawful excuse to make reasonable effort to halt or abate such use. (2) Permitting prostitution is a misdemeanor. ELEMENTS OF OFFENSE: 1. Having possession or control of premises; 2. Which he knows are being used for prostitution purposes; 3. Fails without lawful excuse to make reasonable effort to halt or abate such use. CROSS-REFERENCE: • 1 . "knows" - 9A.08.010 (1) (b) . Page 10 2 . "person" - 9A.04 . 110 (17) . Page 7 3. Prostitution - 9A. 88 .030 . Page 163 PENALTY: Misdemeanor - 9A.20 .020 (3) 9A. 88.100 INDECENT LIBERTIES STATUTE: 9A. 88.100 INDECENT LIBERTIES. (1) A person is guilty of .indecent liberties when he knowingly causes another person who is not his spouse to have sexual contact with him or another: (a) By forcible compulsion; or (b) When the other person is less than fourteen -years of age; (c) . When the other person is incapable of consent by reason of being mentally defective, mentally incapacitated, or physically helpless . (2) For purposes of this section, "sexual contact" means any touching of the sexual or other intimate parts of a person done for the purpose of gratifying sexual desire of either party. ) (3) Indecent liberties is a Class B felony. 1fi8 • ELEMENTS OF OFFENSE : 1 . Knowingly causes another person not his spouse ; 2 . To have sexual contact with him or another; 3 . a. By forcible compulsion; or b. When other person is less than fourteen years of age; or C. When otter person is incapable of consent by reason of being mentally defective, mentally incapacitated, or physically helpless . CROSS-REFERENCE: 1. "knowingly" - 9A.08 .010 (1) (b) . Page 10 2. "person" - 9A.04 .110 (17) . Page 7 RCW 9 . 79 .140 Definitions : 3. "forcible compulsion" - RCW 9 .79 .140 (5) Page 178 4 . "mental incapacity" - RCW 9 . 79 . 140 (3) Page 178 5. "physically helpless" - RCW 9 . 79 . 140 (4) Page 178 PENALTY: Class B felony - 9A. 20 .020 (1) (b) • 167 CHAPTER 9A.92 RCW REPEALERS • TITLE 9 SECTIt3NS REPEALED BY REVISED CRIMINAL CODE - TITLE 9A q. Title 9 RCW Section Repealed Title 9A. Replacement 9 .01 .010 - Definitions 9A.04 .110 9 .01.020 - Classification of Crimes 9A,,.04 .040 9. 01.030 - Principal Defined 9A.08.020 9 .01.040 - Accessory Defined 9A.08.020 9 .01 .050 - Persons Punishable 9A.04.030 9 .01 .060 - Trial and Punishment of Accessories 9A.08.020 9 .01.010 - Attempts How Punished 9A.28.020 9 .01.080 - Attempt While Armed with Deadly Weapon None - See, however, 9 .41 .025 9 .01.090 - Prohibited Acts are Misdemeanors 9A.04 .040 9 .01. 100 - Acts Punishable under Foreign Law 9A.04 .070 9.01. 111 —Omission, when not Punishable 9A.04.05.0 9 .01. 112 - Duress as a Defense 9A.16 .070 9 .01. 112 - Duress of Married Women-No Defense 9A. 16 .070 9 .01. 114 - Intoxication no Defense 9A.16 . 100 9 .01 . 116 - Merchantile Detainment 9A.16 .090 • 9 .01. 150 - Common Law to Supplement Statute 9A.04 .060 ? 9 .01. 170 - Rule of Construction 9A.04 .020 9 .01 . 180 - To be Construed as .Continu- .ation of Former Acts None (Merchanical Provisions of 1909 Act) 9 .01. 190 - Act as Measure of Law None (Mechanical Provisions of 1909 Act) 0.08.040 - Obtaining Animal or Vehicle by Fraud 9A.56 .020 9 .09.010 - Arson - First Degree 9A. 48.020 9 .09 .020 - "Arson - Second Degree 9A.48.030 9 .09 .030 - Contiguous Fires None 9 .09 .040 - "Set on Fire" 9A.48.010 9.09 .050 - Ownership of Building 9A.48 .010 9 .09 .060 - Preparation is Attempt (Fires) None 9 .11 .010 - Assault - First Degree 9A. 36 .410 9 .11 .020 -. Assault - Second Degree 9A. 36 .020 9 . 11.030 - Assault - Third Degree 9A. 36 .030-040 9 .11. 040 - Force - When Lawful 9A.16 .020 9 .11.050 - Provoking Assault None 9 .15.010 - Bigamy 9A.64 .010 9 .15. 020 - Punishment of Consort 9A.64 .010 9 . 18.010 - Bribery of Public Officer 9A.68.010 9 . 18.0 20 - Asking or Receiving a Bribe 9A.68.010 • 9 . 18. 030 - Juror, etc. , Accepting Bribe 9A.68.010 9 . 18.040 - Bribing Witness . 9A. 72 .090 9 . 18.050 - Witness Asking or Receiving Bribe 9A. 72 .100 9 .18.060 - Influencing Juror" 9A. 72 .130-140 I Repealers 9 . 18.070 - Juror. . .Promising Decision 9A. 68.020 9. 18. 090 - Interfering with Public Officer 9A. 76 .020 . 9 .18. 100 - Offering Reward for Appointment 9A. 68 .040 9 . 18. 110 - Grafting 9A.68.050 Q 9 .18 .010. - Burglary - First Degree 9A.52 .020 9 . 19 .020 - Burglary - Second Degree 9A.52 .030 9 . 19 .030 - Presumption of Intent 9A. 52 .040 9 . 19 .040 - Other Crime in Committing Burglary Punishable 9A.52 .050 9 .19 .050. —Making or Having Burglar Tools 9A. 52 .060 9 . 22 .010 - Conspiracy 9A.28.040 9 .22 .020 - Overt Act not Necessary 9A.28.040 9 . 22 .030 - Corporation to Forfeit Franchise 9A.08 .030 9 . 22 .040 - Conspiracy against Governmental Entities None 9 . 26 .010 - Counterfeiting None 9 .26 .020 - Advertising Counterfeit Money None 9 .26 .030 - Counterfeiting Uncoined Gold None 9 . 26A.010 - Credit Card - Definition 9A.56 .010 (3) In part 9 . 26A.020 - Falsely Procuring a Credit or Identification Card None 9 .26A.030 - Credit or Identification Card Theft None 9 . 26A.040 - Forgery - First and Second (Credit Cards , etc. ) ' None 9 . 26A.050 - Use of Stolen, etc. , Cards . . . None 9 .26A.060 -- Possessing Incomplete Cards or Reproduction Equipment None 9 .26A.070 - Merchant Furnishing Goods . . . Knowing Card False. . . None 9. 26A.080 - Obtaining Discounted Airline etc. , Tickets None 9 . 27 .010 - Disturbing Meeting 9A.84 .030 9.27.020 - Disturbance on Highway 9A. 84 .030 9 .27.030 - Offenses in Public Conveyances 9A. 84,.030 9. 27.040 - Riot Defined 9A.84 . 010 9 . 27.050 - Riot - Penalty 9A. 84 .010 9 . 27.060 - Unlawful Assembly 9A. 84.020 9 .27.070 - Remaining after Warning 9A. 84.020 9 . 27.080 - Destruction of Property 9A.48.070-100 9 . 27 .090 - Disguised and Masked Persons None 9 .27.10.0 - Owner of Premises Allowing - Masqueraders None 9 . 30 .010 - Duel None 9 . 30 -020 —Challenger None 9 . 3.0.030 - Attempt to induce Challenge, Posting None 9 . 30 .040 - Duel Outside State, Venue None 9 . 30 .050 - Witnesses None 9 . 31.005 - Escap - Definition 9A.76 .110=130 9 . 31.010 - Crime of Escape . . . 9A. 76 .110-130 9 . 32 .020 - Aiding Prisoner to Escape 9A. 76 .140-150 9 . 31.030 - Custodian Allowing or Conniving at Escape 9A.08.020 • 9. 31,.040 - Officer Asking Reward to Permit Escape 9A.68.010 i F pc-,ai<�rS% 9 . 31 . 050 Concealing Escaped Prisoner 9A. 76 . 070 . 090 9 . 31 . 060 - Rescuing Prisoner 9A.08 .020 (For crime of Escape 9A. 76 . 110-1.30 ) • 9 . 31 . 070 - Taking Property from an Officer 9A. 56 .020-05() 9A. 72 . 150 9 . 31 . 080 - Unauthorized Communication with Prisoner 9A. 76 . 140 9 . 31 . 100 - Assisting Escape of Inmate of Mental Institution or Custodial School 9A. 40 .050 9 . 33.010 - Extortion 9A.56 .120 9 . 33 . 020 - Oppression under Color of Office 9A. 56 .13.0 9 . 33 .040 Extortion by Public Officer 9A. 56 .130 9 . 33.050 - Blackmail 9A. 56 .130 9. 33.060 - Coercion 9A. 36 .070 9 . 33.070 - Extortion by Ferrymen, etc. 9A.68.020 9 . 34 .010 - Falsely Personating Another 9A.60 .040 9 . 34 .020 - Personating an Officer 9A.60 .040 9 . 37 .010 - Use of Fals Permit, License or or Diploma 9A.60 .040 9 . 37 .020 - Obtaining Signature by False Pretense 9A.60 .030 9 . 37 .030 - Acting Without Lawful Authority 9A.60 .040 9 . 37.040 - Collecting for Benefit Without Authority 9A.60 .040 9 . 37 .050 - Fraudulent use of Name of Secret Societies 9A.60 .040 9 . 37 .060 - Unlawful use of Name - "Parent, Teacher, etc. " 9A.60 .040 9 . 38.030 _ Publishing False Statement to Affect Market Price Unclear 9 . 38.050 - Falsifying Accounts None 9 . 40 .010 - Obstruction of Extinguishment of Fire 9A.48 .090 9 . 40 .020 - Obstructing Firemen 9A.76 .020 9 . 40 .030 - Smoking - Where Prohibited 9A.48.090 9 .40 .050 - Maliciously -setting fire or Permitting spread Thereof Chapter 9A.48 9 .40 .060 - Kindling fire with Intent to Injure Another' s Property 9A.48 .020-030 9 . 40 .070 - Kindling Fire on Another's Land without Malice 9A.48.04-050 9 . 40 .0'80 - Kindling Fire on Another 's Land while . Hunting or Fishing Chapter 9A.48 9 . 44 .010 - Forgery - Definitions 9A.60 .010 9 .44 .020 'Forgery. - First Degree 9A.60 .020 9 . 44 .030 - False Certificate to Certain Instruments 9A. 60 .050 9 .44 .040 - Forgery - Second Degree 9A.60 .020 9 . 44 .050 - Falsely Indicating Person as Corporate or Public Officer, Etc.9A.60 .640 9 . 44 .060 - Uttering Forged Instruments , Coins , etc. 9A.60 .020 9 . 44 .070 - True Writing .Signed by Wrong- doer's Name 9A.60 .020 9 . 45. 010 - Production of Pretended Heir 9A.60 .040 170 E Repealers 9 . 45 . 030 - Swindling 9A. 56 .020-050 9 . 45 .050 - Fraudulently Presenting Claim • to Public Officer 9A. 56 .020-050 9 . 45 . 200 - Fraud in Selling Mine or Mining Claim 9A.56 .020-050 9 . 48.010 - Homicide - Defined 9A. 32 .010 9. 48.020 - Proof of Death and of Killing by Defendant 9A.04 .100 9 .48.030 - Murder - First Degree 9A. 32 .030 9A. 32 .045 9 . 48.040 - Murder - Second Degree 9A. 32 .050 9 . 48.050 — Killing in Duel None 9 .48,060 - Manslaughter 9A. 32 .060 .070 9 .48.070 - Killing Unborn Quick Child 9A. 32 .060 9 . 48.080 - Killing Unborn Quick child by Administering Drugs Chapter 9 .02 9 . 48.090 - Woman Taking Drugs Chapter 9 . 02 9 .48 . 100 - Owner of Vicious Animal 9A. 32 .050-070 9 .48. 110 - Killing by Overloading Passenger Vessel 9A. 32 .050 .070 9 . 48. 120 - Reckless Operation of Steam- boat or Engine 9A. 32 .050-070 9 .4$. 130 - Liability of Intoxicated Physician 9A. 32 .050-070 9 .48. 140 - Keeping Explosive Unlawfully 9A. 32 .060-070 9 . 48. 150 - Homicide, When Excusable 9A.16 .030 9. 48.160 - Justifiable Homicide by Public Officer . 9A. 16 .040 • 9 . 48.170 - Homicide by Other Person, When Justifiable 9A.16 .050 9 . 52..010 - Kidnaping - First & Second Degree9A.40 .010-030 9 . 52 .020 - Conspiracy to Kidnap 9A.28 .040 9 .52.030 - Selling Services of Person Kidnaped None 9 . 52.040 - Venue - Effect of Consent (Kidnaping) None 9 .54 .010 - Larceny 9A.56 .020 9 . 54 .020 - Taking Motor Vehicle without Permission 9A.56 .070 9 . 54.030 - Motor, Serial Number, Defacement 9A. 56 . 180 9 .54.040 - Possession prima facie Evidence of Guilt 9A.56 .180 9 .54 .050 - Unlawful Issuance of Bank Checks or Drafts 9A.56.060 9 . 54 .060 - Commission or Part Ownership No Defense 9A.56 .020 9 . 54.070 - .Sale of Mortgaged Property When Larceny 9A. 56 .020 9 .54 .080 - Contractor Failing to Pay for Labor or Material 9A.56 .020 9 .54 .090 - Grand Larceny - Petit Larceny 9A. 56 .030-040 9 . 54 . 100 - Value - How. Ascertained 9A. 56 .010 9 . 54 . 110 - Stealing Railway or Steamboat Tickets, etc. 9A.56 .020 9 .54 .115 - Larcenous Appropriation of Livestock 9A.56 .080 ReP ealers 1 9 . 54 . 120 - Claim of Title - When Ground f. of Defense 9A. 56 .090 !, 9 . 54 . 140 - Presumption on Failure to . Return Vehicle. . .Pursuant to . . .Agreement 9A. 56 .090 9 . 55. 010 - Disturbing Legislature or Intimidating Member 9A. 84 .030 9 .61 .010 - Injuring Public Utilites 9A.40 .070-090 9 . 61.020 - Unlawful Interference with Gas , Electric, Steam or Water Appliance 9A.40 .070 .090 9 .61 .030 - Interfering with Dam, etc. 9A. 40 .070-090 9 .61 .040 - Injury to Property. 9A.40 .070-090 9 .61 .050 - Tampering with Papers 9A. 40 .070-090 9 .61 .060 - Injury to Baggage 9A.40 .070-090 9 .61.070 — Injury to Other Property 9A. 40 .070-090 9. 61.080 - Disturbing Settlers or Unsurveyed Lands 9A.40 .070-090 9.61.090 - Injury to Building or Contents 9A. 40.070-090 9 .61. 100 - Destruction of Monument Records , etc. 9A. 40 .070-090 9.61 .110 - Penalty for Violation of RCW 9 .61.090-100 9A.40 .070-090 9. 61 .220 - Interfering with Coin or Currency Receptacle 9A. 40.070-090 9 .65.010 - Mayhem - Defined 9A. 36 .010-040 9 .65 .020 - Instrument or Manner of Maiming None 9.65.030 - Recovery from Injury, When a Defense None 9 .69 .010 - Combination to Resist Arrest 9A. 76 .020 9A.28.040 (Criminal Conspiracy) 9 .69 .020 - Neglect or Refusal to Receive a Person Into Custody None 9. 69 .030 - Refusal to make Arrest or to Aid Officer 9A. 76 .030 9 .69 .040 - Resisting Public Officer 9A.76 .180 9 .69.050 - Intimidating Public Officer 9A.76 .180 9. 69 .060 - Obstructing Public Officer 9A.76 .020 9 .69 .070 - Destroying Evidence 9A.72 .150 9 .69 .080 - Tampering with Witness 9A.72 . 120 9 .69 .090 - Compounding Crimes 9A. 76 . 100 9 .72.010 - Perjury - First Degree 9A.72 .020 9 . 72.020 - Knowledge of Materiality Not Necessary 9A.72 .020 9 . 72.030 - Perjury - Second Degree 9A.12 .030 9 . 72 .040 - Oath and Swear - Defined 9A.72 .010 9 . 72 .050 - Irregularity in Administering Oath or Incompetency of Witness no Defense 9A. 72.070 9 . 72 . 060 - Deposition - When Complete 9A. 72 .010 9 . 72.070 - Statement of What one Does not know to be True 9A.72 .080 • 9. 72 .080 - Offering False Evidence Unclear 172 Repealers 9 . 72 . 100 - Subornation of Perjury 9A. 72 . 120 9 . 72 . 110 - Attempt to Suborn Perjury 9A. 72 .120 • 9. 75.010 - Robbery - Defined 9A. 56 .190 9 . 75. 020 - Interfering with Railroad with Intent to Commit Robbery None 9 . 75.030 . - Robbing Sluice Boxes None 9 . 76 .020 - Observance of Other Day (Sabbath Breaking) None 9 . 76 .030- Service of Process on the Sabbath Prohibited None 9. 76 .040 - Preventing Religious Act 9A. 36 .070 (Coercion) 9 . 76 .050 - Disturbing Religious Meeting 9A. 84 .030 (Disorderly Conduct) 9. 78.010 - Shoplifting 9A.56 .030-050 9 . 73.020 - Arrest Without Warrant Authorized, When None 9 . 78.040 - Peace Officer - Defined 9A.04 .110 (15) 9 . 79 .010 - Rape 9 . 79 . 170-190 9 . 19 .020 - Carnal Knowledge 9 . 79 . 200-220 9 . 79 .030 - Sexual Intercourse and Carnal Knowledge Defined 9 . 79 . 140 9 . 79 .040 - Compelling a Person To Marry None 9 . 79 .050 - Abduction 9A. 88 .030 9 . 79 .060 - Pimping 9A. 88.060-080 9 .79 .070 - Seduction None 9 . 79 .080 - Indecent Liberties , Exposure 9A. 88.100 & 9 . 79 9 .79 .090 - Incest 9A.64 .020 9 . 79 .100 - Sodomy None • 9 .79 . 110 - Adultery None 9. 79 .120 - Lewdness. Partially by 9A. 88.010 (Public Indecency) 9. 79 .130 - Soliciting Minor for Immoral Purposes 9A. 88.020 9 . 80 .010 - Suicide - Defined None 9 . 80 .020 - Attempting Suicide None 9 . 80 .030 Aiding Suicide 9A. 36 .060 9 . 80 .040 - Abetting Attempt at Suicide 9A.36 .060 *Repealed & Replaced By Title 9 Statute 9 : 80 .050 - Incapacity of Person Aided No Defense (Suicide) None 9 . 83.010 - Trespass on Railway Track 9A.52 .070-090 9 . 83.020 - Trespass on Double Track 9A.52 .070-090 9 . 83.030 - Exceptions (Trespass) 9A.52 .070-090 9. 83.040 —Signs or Warnings (Trespass) 9A.52.070-090 9 .83.050 - Penalty (Trespass 9A. 52 .070-090 9 . 83.060 - Trespass upon Another's Land 9A.52 .080 9 . 83.070 - Malicious Trespass 9A. 48.070-090 9 . 83.080 - Criminal Trespass 9A.52 .090 9 . 87.010 - Vagrancy in part; Prostitution Provision Replaced by 9A.. 88.030 Disorderly Conduct 9A. 84 .030 9 . 87.020 - False Representation Credentials 9A.60 .040 P pealers • 9 . 87 .030 - Arrest Without Warrant 'Lljone 9 . 91. 040 - Importing Pauper Clone 9 . 91 . 070 - Wilful Destruction of Vessel None 9 .91 .080 .- Making False Manifest, etc. None 9 .94 .060 - (Interference , Trafficking, with Prisoners) 9A. 76 . 140-150 10 .01 .010 - (Who Amenable to Criminal Statutes) 9A.04 .070 10 .01 .020 - (Limitations of Actions) 9A.04 . 080 Y. 174 (.'W • CHAPTER 9 . 79 R SEX CRIMES STATUTE: 9 . 79 .140 DEFINITIONS 9 . 79 . 150 TESTIMONY--EVIDENCE--WRITTEN MOTION-- ADMISSIBILITY 9 . 79 .160 DEFENSES TO PROSECUTION UNDER THIS SEC`T'ION 9 . 79 .1.70 RAPE IN THE FIRST DEGREE 9 . 79 .180 RAPE IN THE SECOND DEGREE 9 . 79 . 190 RAPE IN THE THIRD DEGREE 9 . 79 . 200 STATUTORY RAPE IN THE FIRST DEGREE 9 . 79 . 210 STATUTORY RAPE IN THE SECOND DEGREE 9 . 79 . 220 STATUTORY RAPE IN THE THIRD DEGREE l• This chapter contains three descending degrees of rape. The substantive offense of rape remains unchanged but the three de- gree breakdown allows for a more equitable and rational penalty structure; the rationale being that severe punishments should be reserved for situations which involve brutality, threaten public security or manifest dangerous mental aberrations , and that lesser punishments should be imposed where desirable or safe. Some subjects previously dealt with in chapter 9 . 79 RCW are now excluded from the ambit of criminal law, while others are placed in different chapters ; in particular, incest (chapter 9A.64 , family offenses) , and lewdness , inC.ecent exposure and prostitution (Chapter 9A. 88, public indecency) . 175 Comparing the definition of forcible compulsion in 9A. 79 . • 140 (5) with the prior statute RCW 9 . 79 .010 , the new section ' s treatment of force is similar in one respect to the RCW 9 . 79 .010 (2) and (3) , which referred to forcibly overcoming resistance and pre- venting resistance by fear of "immediate and great bodily harm's However, the new section goes further in two respects : (1) the threatened physical infury may be directed at someone other than the victim, and (2) the threat may be that the victim, or another person will be kidnapped. This new chapter provides that the victim's consent is effective when he or she is over the age of sixteen. As such , this constitutes a reduction from the prior age of consent of eighteen, • The prior laws ' s 9 . 79 .010 Rape , was of one degree whereas the new statutory scheme provides for three degrees of rape . Basically, the degrees of rape are differentiated by the amount of force or the severity of the threats employed by the actor. Rape in the first degree (9 . 79 .170) punished actors and accessories who place the victim in a fearful or precarious position while engaging in "sexual intercourse" as defined in 9 .79 .140 (1) . The new and more precise explanation of sexual intercourse now includes non-consensual acts of sexual contact previously dealt with as sodomy or indecent liberties . The definition of sexual intercourse excluded sexual activity between husband and wife and therefore consensual "sodomus" activities substantially differs from 9 . 79 . 100 sodomy. In addition to a new definitional section, there are also new sections which address the problems of 176 i corroboration , reputation of the prosecutrix and the defenses • of lack of knowledge of the victim's mental incapacity , physical helplessness and age (statutory rape) . RCW 9.79 .040 (compelling a woman to marry) has be excluded from this chapter. RCW 9 .79 .050 (abduction) and 9 . 79 .060 (placing a female in a house of prostitution--pimping) are excluded because they are covered by the kidnapping chapter, 9A.40 , and the sections concerning prostitution in the public indecency chapter, 9A A8. RCW 9 . 79 .080 (indecent liberties, exposure, etc. ) is covered in part by the sexual contact section (9A.79 . 140 (c) ) , and the indecent exposure aspect is treated in the public indecency chapter, 9A. 88. RCW 9. 79 .090 (incest) is included in the offenses against l • the family chapter, 9A.64 . RCW 9 .79 .110 (adultery) is excluded altogether and RCW 9 . 79 .120 (lewdness) is covered in the public indecency chapter 9A. 88. The "communication with a minor" section is basically the same as the "solicitation of a minor" section. Seduction has been eliminated as a separate offense . The offense of solicitation of a minor for immoral purposes (RCW 9 . 79 .120) has been moved to the public indecency chapter, 9A. 88. The new statute (9A. 88.020 , communication with a minor for immoral purposes) is consistent with the prior law in all but two respects . First, the maximum age of the protected class of children has been lowered from 18 years to 17 years . Second, the new statute increases the penalty for repeat offenders-- 177 � r 's those: previously convicted of a felony sexual offense or under • this new section (9A. 88.020) or its predecessor (9 . 79 .130) --to 1 a class C felony level from the otherwise gross misdemeanor level . 9 . 79 .140 DEFINITIONS STATUTE : 9 . 79 .140.. DEFINITIONS. As used in this chapter : (1) "Sexual intercourse" (a) has its ordinary meaning and occurs upon any penetration, however slight , and (b) Also means any penetration of the .vagina or anus however slight, by an object, when committed on one person by another, whether such persons are of the same or opposite sex, except when such penetration is accomplished for medically recognized treatment or diagnostic. purposes , and (c) Also means any act of sexual contact between persons involving the sex organs of one person and the mouth . or anus of another whether such persons are of the same or opposite sex. (2) "Married" means one who is legally married to another. (3) "Mental incapacity" is that condition existing at the time of the offense which prevents a person. from understanding the nature or consequences of the act of sexual intercourse whether that condition is produced by illness , defect, the influence of a substance or from some other cause; • (4) "Physically helpless" means a person who is uncon- scious or for any other reason is physically unable to communi- cate unwillingness to an act; (5) "Forcible compulsion" means physical force which over- comes resistance, or a threat, express or implied, that places a person in fear of death or physical injury to herself or him- self or another person , or in fear that she or he or another person will be kidnaped; (6) "Consent" means that at the time of the. act. of sexual intercourse there are actual words or conduct indicating freely given agreement to have sexual intercourse . 9 .79.. 150 TESTIMONY-EVIDENCE-WRITTEN MOTION-ADMISSIBILITY STATUTE: 9 . 79 .150 TESTIMONY--EVIDENCE--WRITTEN MOTION--ADMISSIBILITY. (1) In order to convict a person of any crime defined in this chapter it shall not be necessary that the testimony of the alleged victim be corroborated. (2) Evidence of the victim's past sexual behavior including but not limited to the vic.tim' s . marital history, divorce history , or general reputation for promiscuity , nonchastity, or sexual mores contrary to community standards is inadmissible on the • issued of credibility and is inadmissible to prove the victim's consent except as provided in subsection (3) of this section, but when the perpetrator and the victim have engaged in sexual intercourse with each other in. the past, and when the past behavior is material to the issue of consent, evidence concerning 178 • the past behavior between the perpetrator and the victim may be admissible on the issue of consent to the offense. (3) In any prosecution for the crime of rape or for an attempt to commit , or an assault with an intent to commit any such crime evidence of the victim's past sexual behavior, divorce history or general reputation for promiscuity, nonchastity, or sexual mores contrary to the community standards is not admissible if offered to attack the credibility of the victim and is admissible on the issue of consent only pursuant to the following procedure : (a) A .written pretrial motion shall be made by the de- fendant to' the court and prosecutor stating that the defense has an offer of proof of the relevancy of evidence of the past sexual behavior of the victim proposed to be presented and its relevancy on the issue of the consent of the victim. (b) The written motion shall be accompanied by an affi- davit or affidavits in which the offer of proof shall be stated. (c) If the court finds. that the offer of proof is sufficient, the court shall order a hearing out of the presence of the jury, if any , and the hearing shall be closed except to the necessary. witnesses , the defendant , counsel , and those who have a direct interest in the case or in the work of the court. (d) At the conclusion of the hearing, if the court finds that the evidence proposed to be offered by the defendant regarding the past sexual behavior of the victim is revelant • to the issue of the victim's consent; is not inadmissible �r because its probative value is substantially outweighed by the l probability that its admission will create a substantial danger of undue prejudice ; and that its exclusion would result in denial of substantial justice to the defendant; the court shall make an order stating what evidence may be introduced by the defendant, which order may include the nature of the questions to be permitted The defendant may then offer evidence pursuant to the order of the court. .M. Nothing in this section shall be construed to pro- hibit . cross-examination of the victim on the .issue of past sexual behavior when the prosecution presents evidence in its case in chief tending to prove the nature of the victims ' s past sexual behavior, but the court may require a hearing pursuant to subsection (3) of this section concerning such evidence . 9 . 79 . 160 DEFENSES STATUTE : 9 . 79 . 160 DEFENSES TO PROSECUTION UNDER THIS CHAPTER. (1) In any prosecution under this chapter in which lack of consent is based solely upon the victim's mental incapacity or upon the victim' s being physically helpless , it is a defense which the defendant must prove by a preponderance of the . evidence that at the time of the offense the defendant reasonably believed the alleged victim to be older based upon declarations as to age by alleged victim. (2) In anyprosecution under this chapter in w hich ,the offense or degree of the offense depends on the victim' s age, it is no defense that the perpetr1attorr did not know the victim' s age , or that th'e perpetrator believed the victim to be older, as the case may be: Provide , That it is a defense which the defendant • must prove by a perponderance of the evidence that at the time of the offense the defendant reasonably believed the alleged victim to be older based upon declarations as to age by the alleged victim. 9 .79 . 170 RAPE IN THE FIRST DEGREE STATUTE: 9 . 79 . 170 RAPE IN THE FIRST DEGREE . (1) A person is guilty of rape in the first degree when such person engages in sexual intercourse with another person not married to the perpetrator by forcible compulsion where the perpetrator or an accessory: (a) Uses or threatens to use a deadly weapon; or (b) Kidnaps the victim; or (c) Inflicts serious physical injury; or (d) Feloniously enters into the building or vehicle where the victim is situated. (2) Rape in the first degree is a felony, and shall be punished by imprisonment in the state penitentiary for a term of not less than twenty years . No person convicted of rape in the first degree shall be granted a deferred or suspended sentence except for the purpose of commitment to an inpatient treatment facility: Provided, That every person convicted of rape in the first degree shall be confined for a .minimum of three years ; Provided further, That the board of prison terms and paroles } shall have authority to set a period of confinement greater than three years but shall never reduce the minimum three-year period of confinement nor shall the board release the convicted person during the first three years of confinement as a result of any type of automatic good time calculation nor shall the department of social and health services permit the convicted. person to participate in any work release program or furlough program during the first three years of confinement. ELEMENTS OF OFFENSE: 1. Engages in sexual intercourse by forcible compulsion; 2. With another person not married to the perpetrator; 3. The perpetrator or an accessory; a. Uses or threatens to use a deadly weapon; or b. Kidnaps the victim; or C. Inflicts serious physical injury; or I • d. Feloniously enters into the building or vehicle } where the victim is situated. 180 CROSS-REFERENCE: 1 . "forcible compulsion" - 9 . 79 .140 (5) . Page 178 • 2 . "married" - 9 .79 .140 (2) . Page 178 3. "sexual intercourse"- 9 . 79 .140 (1) Page 178 4 . "accessory" - 9A.08.020 (3) Page 11 5. "building" - 9A.04.110 (5) Page 6 6 . "corroboration" - 9 . 79 .150 Page 178 7. "deadly weapon" - 9A.04 .110 (6) . Page 6 8. "felony" - 9A. 20 .010 (1) ; 9A.28 .010 . Pages 21 & 30 9 . Kidnapping in the First Degree - 9A. 40 .020 . Page 55 10 . Kidnapping in the Second Degree - 9A.40 .030. Page 56 11 . Person - 9A.04 .110 (17) Page 7 12. Physical injury - 9A.04. 110 (4) . Page 6 13. "threaten" - 9A.04. 110 (25) . Page 7 14 . "vehicle" - 9A.04 .110 (25) . Page 8 PENALTY: 1: Felony-imprisonment for a term of not less than twenty years . (equates with Title 9A Class A Felony) 9. 79.180 RAPE IN THE SECOND DEGREE STATUTE: 9 . 79 .180 RAPE IN THE SECOND DEGREE. (1) . A person is guilty of rape in the second degree when, under circumstances not constituting rape in the first degree, the person engages in sexual intercourse with another person, not married to the perpetrator: (a) By forcible compulsion; or . (b) When the victim is incapable of consent by reason of being physically helpless or metally incapacitated. (2) Rape in the second degree is a felony , and shall be punished by imprisonment in the state penitentiary for not more than ten years. ELEMENTS OF OFFENSE: 1. Under circumstances not constituting rape in the 181 :n first degree; • 2. Engages in sexual intercourse by forcible compulsion or when the victim is incapable of consent by reason of being physically helpless or mentally incapacitated; 3. With another person, not married to the perpetrator; CROSS-REFERENCES: 1. "forcible compulsion" - 9 .79 .140 (5) . Page 178 2. "married" - 9 . 79 .140 (2) . Page 178 3. "mentally incapacitated" - 9 .79 .140 (3) . Page 178 4 . 'physically helpless" - 9 . 79 . 140 (4) . Page 178 5. "sexual intercourse" - 9 .79 .140 (1) . Page 178 PENALTY: Felony - imprisonment for not more than ten years . (Equates with Title 9A. Class C felony) . 1 9 . 79 .190 RAPE IN THE THIRD DEGREE STATUTE: 9 . 79 . 190 RAPE IN THE THIRD DEGREE. (1) A person is guilty of rape in the third degree when, under circumstances not constituting rape in the first or second degrees , such person engages in sexual intercourse with another person, not married to the perpetrator: (a) Where the victim did not consent as defined in RCW 9. 79 .140 (6) to sexual intercourse with the perpetrator and such lack of consent was clearly expressed by the victim's words or conduct , or (b) Where there is threat of substantial unlawful harm to property rights of the victim. (2) Rape in the third degree is a felony, and shall be punished by imprisonment in the state penitentiary for not more than five years . ELEMENTS OF OFFENSE: 1. Under circumstances not constituting rape in the first • or second degrees; 2 . Engages in sexual intercourse with another person, not 182 married to the perpetrator; . 3. a. Victim did not consent and such lack of consent was clearly expressed by the victim's words or conduct; or b. There is threat of substantial unlawful harm to property rights of the victim. CROSS-REFERENCES : 1. "consent" - 9 .79 .140 (6) . Page 178 2. "corroboration" - 9 . 79 .150 (1) . Page 178 3. "married" - 9 .79 .140 (2) . Page 118 . 4 . "sexual intercourse" - 9 .79 .140 (1) Page 178 5. "victim's past sexual behavaior" - 9 .79 .150 (2) and (3) . Pages 178 & 179 PENALTY: Felony - imprisonment for not more than five years . • (Equates with Title 9A Class C felony) . C 9 .79 .200 STATUTORY RAPE IN THE FIRST DEGREE STATUTE: 9 .79. 200 STATUTORY RAPE IN THE FIRST DEGREE. -(1) A person over thirteen years of age is guilty of statutory rape in the first degree when the person engages in sexual inter- course with another person who is less than eleven years old. (2) Statutory rape in the first degree is a felony, and shall be punished by imprisonment in the state penitentiary. for a term of not less than twenty years. No person convicted of statutory rape in the first degree shall be granted a deferred or suspended sentence except for the purpose of commit- ment to an inpatient treatment facility. ELEMENTS OF OFFENSE : 1. Perpetrator over thirteen years of age; 2. Engages in sexual intercourse with another person who • is less than eleven years old. 183 PENALTY: • 1. Felony - imprisonment for a term of not less than twenty years . (Equates with Title 9A Class A felony) . 9 . 79 .210 STATUTORY RAPE IN THE SECOND DEGREE STATUTE: 9 .79 . 210 STATUTORY RAPE IN THE SECOND DEGREE. (1) A person over sixteen years of age is guilty of statutory rape in the second degree when such person engages in sexual inter- course with another .person, not married to the perpetrator, who is eleven years of age or older but less than fourteen years old., (2) Statutory rape in the second degree is a felony, and shall be punished by imprisonment in the state penitentiary for not more than ten years. ELEMENTS OF OFFENSE: 1. Perpetrator over. sixteen years of age; • 2 . Engages in sexual intercourse with another person, 1 not married to the perpetrator; 3. Other person is eleven years of age or older but less than fourteen years old. CROSS-REFERENCES: 1. "married" - 9 .79 . 140 (2) Page 178 2. "sexual intercourse" _ 9 .79 .140 (1) Page 178 PENALTY: Felony - imprisonment for not more than ten years . (Equates with Title 9A Class B felony) . • ) I 184 • 9 . 79 . 220 STATUTORY RAPE IN THE THIRD DEGREE STATUTE: 9 . 79 .220 STATUTORY RAPE IN THE THIRD DEGREE. (1) A person over eighteen years of age is guilty of statutory rape in the third degree when such person engages in sexual inter- course with another person, not married to the perpetrator, who is fourteen years of age or older but less than sixteen years old. (2) Statutory rape in the third degree is a felony , and shall be punished by imprisonment in the state penitentiary for not more than five years . ELEMENTS OF OFFENSE: 1. Perpetrator over eighteen years of age; 2. Engages in sexual intercourse with another person, not married to the perpetrator; 3. Other person is fourteen years of age or older but • less than sixteen years old. CROSS-REFERENCES : 1. "married" - 9 . 79 .140 (2) . Page 178 2 . "sexual intercourse" - 9 .79 .140 (1) . Page 178 PENALTY: Felony - imprisonment hot more than five years. (Equates with Title 9A Class C felony) . 185 iTABLE ONE PORTIONS OF TITLE 9 RCW NOT REPEALED BY 9A see 9A.04 .090 and 9A.20 .040 re: applica- bility of general provision to non-9A offenses) 9 .01.055 IMMUNITY-AIDING OFFICER 9 .01. 110 FAILURE TO ACT 9 .01.120 CIVIL REMEDIES PRESERVED 9 .01.130 SENDING CRIMINAL LETTER 9 .01.160 EXISTING CIVIL RIGHTS Chapter 9 .02 ABORTION Chapter 9 .03 ABANDONED REFRIGERATION EQUIPMENT Chapter 9 .04 ADVERTISING Chapter 9 .05 ANARCHY AND SABOTAGE 9 .08.010 VICIOUS ANIMAL AT LARGE 9.08.020 DISEASED ANIMALS 9.08.030 FALSE REPRESENTATION/ANIMALS 9 .08.050 LIVESTOCK, SHOOTING/POISONING 9 .08.060 TAKING, MISTREATING DOGS Chapter 9 .12 BARRATRY Chapter 9 .16 BRANDS AND MARKS 9 .18.080 BRIBERY OFFENDER/COMPETENT WITNESS 9 . 18.120 SUPPRESSION/COMPETITIVE BIDDING 9 . 18.130 COLLUSION/COMPETITIVE BIDDING 9 .18.140 PENALTY • 9 .18.150 AGREEMENTS OUTSIDE STATE 9.23.010 CRIMINAL CONTEMPT Chapter 9 .24 CRIMES/CORPORATIONS 9 .26A,090 TELEPHONE CREDIT CARDS 9 .27.015 OBSTRUCTING COURT/JUSTICE 9.31.090 ESCAPED PRISONER RECAPTURED 9 .38.010 FALSE REPRESENTATION/CREDIT 9 .38.020 FALSE REPRESENATION/TITLE 9 .40.040 SPARK EMITTING ENGINES 9 .40.100 FIRE; FALSE ALARM/TAMPERING 9.40 .110 INCENDIARY DEVICES - DEFINITIONS 9 .40 .120 INCENDIARY DEVICES - PENALTIES 9 .40 .130 INCENDIARY DEVICES - EXCEPTIONS Chapter 9 .41 FIREARMS AND DANGERQUS WEAPONS 9 .44 .080 SIGNING PETITION 9 .45.020 CHILD SUBSZITUTION 9 .45.040 FRAUDS ON INNKEEPER 9. 45.060 PERSONAL PROPERTY 9 .45.062 FAILURE TO DELIVER 9 . 45.070 MOCK AUCTIONS 9. 45.080 REMOVAL OF PROPERTY 9 .45.090 FRAUDULENT CONVEYANCE 9 .45.100 FRAUD OF CREDITORS 1 Table One-2 9.45.120 FALSE WEIGHTS/MEASURES 9 . 45.122 MEASUREMENTS 9 . 45.124 ALTERING MEASURING DEVICES 9 . 45.125 MEASUREMENTS/INDUCING VIOLATIONS 9 .45.150 FOREIGN MATTER IN MERCHANDISE 9 .45.160 LIQUOR RECEIPTS 9 .45.170 PENALTY 9.45.180 OPERATING COINBOX 9 .45. 190 SLUGS USED FOR COIN 9 .45.210 ASSAY SAMPLE/CERTIFICATE 9 .45.220 ASSAY, FALSE SAMPLE 9 .45.230 PENALTY 9 .45 .240 TELEPHONE/TELEGRAPH SERVICE • Chapter 9 .46 GAMBLING Chapter 9 .47 GAMBLING Chapter 9 .47A GLUE SNIFFING Chapter 9 .51 JURIES, CRIMES RELATING TO 9 . 54 .130 RESTORATION OF STOLEN PROPERTY 9.55.020 LEGISLATIVE WITNESS REFUSAL Chapter 9 .58 LIBEL AND SLANDER 9 .61.140 PENALTY/EXPLOSIVES 9.6 . .150 PENALTY/EXPLOSIVES 9 .61.160 THREATS TO BOMB/INJURE Table One-3 _ 9 .61.170 HOAX NO DEFENSE 9 .61. 180 PENALTY 9 .61.190 INJURY TO PIGEONS 9 .61.200 PIGEON IDENTIFICATION ALTERATION 9 .61.210 PENALTY 9 .61.240 USING PHONE TO HARASS 9 .61.240 PERMITTING IMPROPER PHONE USE 9 .61.250 WHERE PHONE OFFENSE COMMITTED Chapter 9.62 MALICIOUS PROSECUTION Chapter 9 .66 NUISANCE Chapter 9 .68 OBSCENITY 9 .69 .100 WITHHOLDING KNOWLEDGE 9. 72 .090 COMMITTAL OF WITNESS Chapter 9 .79 SEX CRIMES Chapter 9 . 81 SUBVERSIVE ACTIVITIES Chapter 9 . 82 TREASON Chapter 9 .86 CRIMES RELATING TO FLAGS 9 .91.010 CIVIL RIGHTS-TERMS DEFINED 9 .91.030 VEHICLE OPERATION/INTOXICATION 9 .91.055 STATE SEAL/IMPROPER USE 9 .91.060 CHILDREN UNATTENDED 9.91.090 DESTRUCTION/INSURED PROPERTY ) Table One-4 9.91.110 METAL BUYERS 9.91.120 STAMPS/FOOD STAMPS Chapter 9.92 PUNISHMENT 9:94.010 PRISON RIOT/DEFINED 9.94.020 PENALTY 9.94.030 HOLDING HOSTAGE 9.94.04. PRISONER POSSESSIONS PROHIBITED 9.94.050 PEACE OFFICERS Chapter 9.95 PRISON TERMS, PAROLE/PROBATION Chapter 9.95A ADULT SUPERVISION PROGRAMS Chapter 9.95B INTERSTATE HEARING PROCEDURES Chapter 9.96 CIVIL RIGHTS/RESTORATION OF Chapter 9.96A EMPLOYMENT RIGHTS/RESTORATION OF E INFORMATIONS NTRIED INDICTMENTS Chapter 9.9$ PRISON R U INDICTMENTS/ INFORMATIONS 9.100 AGREEMENT ON DETAINERS Table One-5 9A.04 .110 DEFINITIONS STATUTE : 9A.04 .110 DEFINITIONS . In this title unless a different meaning plainly is required: (1) "Acted" includes , where relevant, omitted to act; (2) "Actor" includes , where relevant, a person failing to act; (3) "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; (4) "Bodily injury" or "physical injury" means physical pain, illness , or an impairment of physical condition; (5) "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; (6) "Deadly weapon" means any explosive or loaded or unloaded firearm, and shall include any other weapon , device, instru- ment , 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: (7) "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; (8) "Government" includes any branch , subdivision , or agency of the government of this state and any county, city, district, or other local governmental unit; (9 ) "Governmental function" includes any activity which a public servant is legally authorized or permitted to undertake on behalf of a government; (10) "Indicted" and "indictment" include "informed against" and information and informed against and information include "indicted" and "indictment" ; (11) "Judge" includes every judicial officer * authorized alone or with others , to hold or preside over a court; (12) "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 willful 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 willful disregard of social duty; (13) "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 sortie sovereign power of government, and includes all assistants , deputies , clerks and employees of II any public officer and all persons lawfully exercising or assur,,inG • to exercise any of the powers or functions of a public officer; (14) "Omission" seems a failure to act; ( 15) "Peace officer" means a duly appointed city, county , or state law enforcement officer; (16) "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; (17) "Person" , "he" , and "actor" include any natural person and, where relevant , a corporation, joint stock association, or an unincorporated association; (18) "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; (19) "Prison" means any place designated by law for the keeping of persons held in custody under process of law, or under lawful arrest, including but not limited to any state correctional institution or any county or city jail ; (20) "Prisoner" includes any person held in custody under process of law, or under lawful arrest; (21) "Property" means anything of value , whether tangible or intangible , real or personal ; (22) "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; (23) "Signature" includes any memorandum, mark, or sign made with intent to authenticate any instrument or writing, or the subscription of any person thereto; (24) "Statute" means the Constitution or an act of the legislature or initiative or referendum of this state; (25) "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 testi- mony 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 Definitions (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 . (26) "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; (27), 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. � i 9A. 08.010 GENERAL REQUIREMENTS OF CULPABILITY STATUTE: 9A.08.010 GENERAL REQUIREMENTS OF CULPABILITY . (1) Kinds of Culpability Defined. (a) INTENT. A person acts with intent or intentionally when he acts with the objective or purpose to accomplish a result which constitutes a crime. (b) KNOWLEDGE . A person knows or acts knowingly or with knowledge when: (i) he is aware of a fact, facts , or circumstances or result described by a statute defining an offense; or (ii) he has information which would lead a reasonable man in the same situation to believe that facts exist which facts are described by a statute defining an offense. (c) RECKLESSNESS . A person is reckless or acts recklessly when he knows of and disregards a substantial risk that a wrongful act may occur and his disregard of such substantial risk is a gross deviation from conduct that a reasonable man would exercise in the same situation. (d) CRIMINAL NEGLIGENCE. A person is criminally negligent or acts with criminal negligence when he fails to be aware of a substantial risk that a wrongful act may occur and his failure to be aware of such substantial risk constitutes a gross deviation from the standard of care that a reasonable man would exercise in the same situation. (2) Substitutes for Criminal Negligence , Recklessness , and Knowledge . When a statute provides that criminal negligence suffices to establish an element of an offense , such element also is established if a person acts intentionally, knowingly , or recklessly. When recklessness suffices to establish an element, such element also is established if a person acts intentionally or knowingly . When acting knowingly suffices to establish an element , such element also is established if a person acts in- tentionally . (3) Culpability as Determinant of Grade of Offense. When the grade or degree of an offense depends on whether the offense is committed intentionally , knowingly , recklessly , or with criminal negligence , its grade or degree .shall be the lowest for which the determinative kind of culpability is established with respect to any material element of the offense . (4) Requirement of Wilfulness Satisfied by Acting Knowingly . A requirement that an offense be committed wilfully is satisfied if a person acts knowingly with respect to the material elements of the offense, unless a purpose to impose further requirements plainly appears. TABLE FOUR NEW CRIMINAL CODE - SENTENCES Effective July 1 , 1976 GRADE SENTENCES Class A felony Not less than 20 years and/or not more than $10 ,000 Class B felony Not more than 10 years and/or not more than $10 ,000 Class C felony Not more than 5 years and/or not more than $5 ,000 Gross Misdemeanor No more than 1 year and/or not more than $1 ,000 Misdemeanor Not more than 90 days and/or not more than $500 CHARGE CLASSIFICATION Attempt Murder 1 Class A felony • Attempt Class A felony Class B felony Attempt Class B felony Class C felony Attempt Class C felony Gross Misdemeanor Attempt Gross Misdemeanor Misdemeanor or Misdemeanor Criminal Conspiracy Murder 1 Class A felony Conspiracy Class A felony Class B felony Conspiracy Class B felony Class C felony Conspiracy Class C felony Gross Misdemeanor Conspiracy Gross Misdemeanor Misdemeanor sp y Dr Misdemeanor Murder, aggravated Class "A+" felony , (initiative 316) death penalty mandatory Murder 1 Class A felony , [ . life imprisonment CHARGE CLASSIFICATION . Murder 2 Class A felony Manslaughter 1 Class B felony Manslaughter 2 Class C felony Assault 1 Class A felony Assault 2 Class B felony Assault 3 Class C felony Simple Assault Gross Misdemeanoi Reckless Endangerment Gross Misdemeanor Promoting a Suicide Attempt Class C felony Coercion Gross Misdemeanor Kidnapping 1 Class A felony Kidnapping 2 Class B felony Unlawful Imprisonment Class C felony • Custodial Interference Gross Misdemeanor Arson 1 - ass A felony Arson 2 Class B felony Reckless Burning 1 Class C felony Reckless Burning 2 Gross Misdemeanor Malicious Mischief 1 Class B felony Malicious Mischief 2 Class C felony Malicious Mischief 3 ($50+) Gross Misdemeanor Malicious Mischief 3 (-$50) Misdemeanor Burglary 1 Class A felony Burglary 2 Class B felony Having or Making Burglary Tools Gross Misdemeanor 40 Criminal Trespass 1 Gross Misdemeanor CHARGE CLASSIFICATION • Criminal Trespass 2 Misdemeanor Vehicle Prowling Gross Misdemeanor Theft 1 Class B felony Theft 2 Class C felony Theft 3 Gross Misdemeanor Unlawful Checks ($250+, Class C felony Unlawful Checks (-$250) Gross Misdemeanor Taking Motor Vehicle Without Class C felony Permission Theft of Livestock Class B felony Extortion 1 Class R felony Extortion 2 Class C felony • Possessing Stolen Property 1 Class B felony Possessing Stolen Property 2 Class C felony Possessing Stolen Property 3 Gross Misdemeanor Obscuring I .D . of Machine Gross Misdemeanor Robbery 1 Class A felony Robbery 2 Class B felony Forgery Class C felony Obtaining Signature (Duress- Class C felony Deception) Criminal Impersonation Gross Misdemeanor False Certification Gross Misdemeanor Bigamy Class C felony Incest Class C felony Bribery Class B felony Requesting Unlawful Compensation Class C felony CHARGE CLASSIFICATION Granting or. Receiving Unlawful Class C felony Compensation Trading in Public Offices Class C felony Trading in Special Influence Class C felony Perjury 1 Class B felony Perjury 2 Class C felony False Swearing Gross Misdemeanor Bribing a Witness Class B felony Bribe Receiving by Witness Class B felony Intimidating a Witness Class B felony Tampering With a Witness Class C felony Intimidating a Juror Class B felony Jury Tampering Gross Misdemeanor Tampering With Physical Evidence Gross Misdemeanor Obstructing a Public Servant Misdemeanor Refusing to Summon Aid for Peacc Misdemeanor Officer Resisting Arrest Misdemeanor Criminal Assist 1 - Relative Gross Misdemeanor Criminal Assist 1 - Non-Relative Class .0 felony Criminal Assist 2 - Relative Misdemeanor Criminal Assist 2 - Non-Relative Gross Misdemeanor Criminal Assist 3 Misdemeanor Compounding Gross Misdemeanor Escape 1 Class B felony Escape 2 Class C felony Escape 3 Gross Misdemeanor Introducing Contraband 1 Class B felony CHARGE CLASSIFICATION Introducing Contraband 2 Class C felony Introducing Contraband 3 Gross Misdemeanor Bail Jumping Murder 1 Class A felony Bail Jumping Class A felony Class B felony Bail Jumping Class B felony Class C felony Bail Jumping Class C felony Gross Misdemeanor Bail Jumping Gross Misdemeanor/ Misdemeanor Misdemeanor Intimidating a Public Servant Class B felony Official Misconduct Gross Misdemeanor Riot With Deadly Weapon Class C felony Riot Without Deadly Weapon Gross Misdemeanor Failure to Disperse Misdemeanor Disorderly Conduct Misdemeanor False Reporting Gross Misdemeanor Public Indecency Gross Misdemeanor Communication With a Minor Gross Misdemeanor For Immoral Purposes (If convicted of a felony sexual offense previously) Class C felony Prostitution Misdemeanor Promoting Prostitution 1 Class B felony Promoting Prostitution 2 Class C felony Permitting Prostitution Misdemeanor Indecent Liberties Class B felony Is 1 z 0 x TITLE 9A INDEX Page A 55 Abduct 9A. 40 .01-0 (2) 152 Abuse Of Office 9A. 80 .010 11 Accomplice - Accessory 9A.08 . 020 ( 3) 6 Acted - Actor 9A.04 . 110 (1) (2) 12 Agent 9A.08 . 030 (1) (a) 30 Aiding and Abetting (See Complicity , This Index) 30 Anticipatory Offenses 9A. 28 . 010-040 61 Arson , Crimes Relating To 9A. 48 . 010-100 47 Assault 9A. 36 . 010-070 30 Attempt (Criminal ) 9A. 28 . 020 B 148 Bail Jumping 9A. 76 . 170 6 Benefit 9A.04 . 110 (3) 111 Bigamy 9A. 64 .010 6 Bodily Injury 9A. 04 . 110 (4) 115 Bribery and Corrupt Influence 9A.68 .010-050 6 ,61 Building 9A.04 . 110 (5) -9A. 48 .010 (1) (a) 5 Burden of Proof 9A. 04 .100 74 Burglar Tools , Making or Having 9A. 32 .060 71 Burglary and Trespass 9A. 52 .010-100 C 183 Carnal Knowledge 9 . 79 . 200-220 (Statutory Rape) 87 Checks & Drafts , Unlawful Issuance Of 9A. 56 .060 52 Coercion (Assault) 9A. 36 .070 Compensation (See "Unlawful Compen- sation , This Index) 11 Complicity (Replacing "Aiding & Abetting" Under the Old Washington Code) 9A.08 .020 143 Compunding (Obstructing Governmental 9A. 76 . 100 Operation) 33 Conspiracy (Criminal) 9A. 28. 040 146 Contraband, Introducing 9A. 76 . 140-160 27 Corporations (Alternative To Fine) 9A. 20 . 030 12 Corporations (Criminal Liability 9A.08 . 030 i 81 Credit Card 9A. 56 . 010 (3) 73 Crime , Other (While Committing Buglary) 9A. 52 . 050 21 Crimes (Classification) 9A. 20 . 010-040 Table Two - Introduction 140 Criminal Assistance 9A. 76 . 050-090 106 Criminal Impersonation (Fraud) 9A.60 .040 10 Criminal Negligence 9A.08 . 010 (d) 10 Culpability 9A.08 .010 58 Custodial Interference 9A. 40 . 050 D 61 Damages 9A.48 . 010 (1) (b) 6 Deadly Weapon 9A. 04 . 110 (6) 81 Deception (Defined) 9A. 56 .010 (4) 19 Defense (Detainment On Mercantile Establishment for Investigation) 9A.16 .080 65 Defense (Reckless Burning) 9A. 48 .060 83 Defense (Theft) 9A. 56 .020 76 Defenses (Criminal Trespass) 9A. 52 .090 16 Defenses (Generally) 9A.16 .010-090 179 Defenses (Sex Crimes) 9 . 79 .160 61 Definitions (Arson & Malicious Mischief) 9A. 48 . 010-100 71 Definitions (Burglary & Trespass) 9A. 52 . 010 04 Definitions (Fraud) 9A.60 .010 ) 6 Definitions (General Provisions) 9A. 04 .110 138 Definitions (Obstructing Governmental Operation) 9A. 76 .010-060 178 Definitions (Sex Crimes) 9 . 79 . 140 81 Definitions (Theft & Robbery) 9A. 56 . 010 ,020 ,110 ,140 ,190 81 Deprive 9A. 56 .010 (5) 157 Disorderly Conduct 9A. 84 . 030 18 Duress (Defense) 9A. 16 .060 6 Dwelling 9A.04 .110 (7) E 51 Endangerment - Reckless - (Assault) 9A. 36 .050 18 Entrapment (Defense) 9A.16 .070 144 Escape 9A. 76 . 110-130 178 Evidence (Sex Crimes) 9 . 79 . 150 92 Extortion 9A. 56 .130 F 156 Failure to Disperse 9A. 84 . 020 � 90 Failure to Return (Rental or Lease Agreement) 9A. 56 .090 g ) P age i 107 False Certification 9A.60 . 050 157 False Reporting 9A. 84 . 040 127 False Swearing 9A. 72 . 040 111 Family Offenses 9A. 64 .010-020 21 Felonies , Classification Of 9A. 20 . 010 28 , 30 Felonies , Prosecutions Relating To (Defined outside Title 9A RCW ) 9A.20 . 040 - 9A. 28 .010 27 Fine , Alternative To 9A. 20 . 030 61 Fire , Crimes Related To 9A. 48 .010 - 100 16 Force (When Lawful) 9A.16 . 020 104 Forgery 9A. 60 . 020 104 Fraud 9A. 60 .010-050 G 1 General Provisions 9A. 04 . 010-110 6 Government 9A. 04 . 110 (8) (9 ) 21 Gross Misdemeanor (Defined) 9A. 20 . 010 (2) H 36 Homicide (Definition) 9A. 32 . 010 36 Homicide (General Provisions ) 9A. 32 .010-070 ( • 17 Homicide (When Excusable) 9A. 16 .030 17 Homicide (When Justifiable) 9A. 16 . 040-050 I 57 Imprisonment , Unlawful 9A.40 .040 112 Incest 9A.64 .020 128 Inconsistent Statements (Perjury & False Swearing) 9A. 72 .050 166 Indecent Liberties 9A. 88 . 100 14 Insanity 9A.12 .010 10 Intent (Definition) 9A. 08 .010 (a) 73 Intent, Inference of (Burglary) 9A. 52 .040 133 Intimidating a Juror 9A. 72 . 130 149 Intimidating a Public Servant 9A. 76 . 180 132 Intimidating a Witness 9A. 72 .110 19 Intoxication (Defense) 9A.16 . 090 147 Introducing Contraband 9A. 76 .160 J 6 Judge 9A. 04 .110 (11) 133 Juror, Intimidation Of 9A. 72 .130 133 Jury Tampering 9A. 72 . 140 A F F, K 55 Kidnaping 9A. 40 .010-050 10 Knowledge (Definition) 9A. 08 . 010 (b) L 78 Larceny (See Theft and Robbery) 9A. 56 90 Larceny and Theft (Equated) 9A. 56 . 100 10 Liability (Principles) 9A.08 . 010-030 89 Livestock , Theft Of 9A. 56 . 080 M 97 Machine , Obscuring Identity Of 9A. 56 . 180 6 Malice and Maliciously 9A. 04 . 110 (12) 65 Malicious Mischief 9A. 48. 070-100 44 Manslaughter 9A. 32 . 060-070 124 Materially False Statement (Defined) 9A. 72 . 010 (1) 162 Minor (Communication for Immoral Purposes) 9A. 88 . 020 21 Misdemeanor (Defined) 9A. 20 .010 (2) 88 Motor Vehicle (Taking Without Permission) 9A. 56 .070 37 Murder 9A. 32 .030-050 • O 138 Obstructing Governmental Operation 9A. 76 .010-180 6 Officer - Public Officer 9A.04 . 110 (13) 152 Official Misconduct 9A. 80 . 010 P 7 Peace Officer (See also , Officer) 9A.04 . 110 (15) 139 Peace Officer, Refusing to Summon Aid For 9A. 76 .030 7 Pecuniary Benefit 9A.04 . 110 (16) 124 Perjury 9A. 72 . 010-150 7 Person 9A.04 . 110 (17) 93 Possessing Stolen Property 9A. 56 .140-170 36 Premeditation (Homicide) 9A. 32 . 020 7 Prison 9A.04 . 110 (19 ) 7 Prisoner 9A. 04 .110 (19) 7 Property 9A. 04 . 110 (21) 28 Prosecution (Felonies Outside Title 9A RCW) 9A. 20 .040 163 Prostitution 9A. 88 .030-090 155 Public Disturbance 9A. 84 . 010-040 Pie 162 Public Indecency 9A. 88 . 010-040 119 Public Office , Trading In 9A. 68 . 040 7 Public Servant 9A. 04 . 110 (22 ) 149 Public Servant , Intimidation Of 9A. 76 . 180 138 Public Servant, Obstructing 9A. 76 . 020 R 178 Rape (Effective Sections) 9 . 79 . 140-220 173 Rape (See Repealed Sections , This Index) 5 Reasonable Doubt 9A. 04 . 100 82 Receive 9A. 56 .010 (9) 63 Reckless Burning 9A.48 . 040-060 51 Reckless Endangerment 9A. 36 . 050 10 Recklessness (Definition) 9A. 08 . 010 (c) 55 Relative - Kidnaping 9A. 40 .010 ( 3) 140 Rendering Criminal Assistance 9A. 76 .060 140 Rendering Criminal Assistance 9A. 76 .050-090 140 Rendering Criminal Assistance (Defined) 9A. 76 . 050 168 Repealed Sections 9A.92 173 (Sex Crimes) 9 . 79 .010-130 139 Resisting Arrest 9A. 76 . 040 55 Restrain - Kidnaping 9A. 40 . 010 (1) 155 Riot 9A. 84 . 010 • 98 Robbery 9A. 56 . 190-210 S 27 Sentences 9A. 20 .020 82 Services 9A. 56 .010 (10) 178 Sex Crimes (Effective Sections) 9 . 79 . 140-220 173 Sex Crimes (See Repealed Sections , This Index) 7 Signature 9A. 04 . 110 (23) 105 Signature, Obtaining (Fraud) 9A.60 .030 50 Simple Assault 9A. 36 .040 32 Solicitation (Criminal) 9A. 28 . 030 120 Special Influence , Trading In 9A.68. 050 7 Statute 9A.04 . 110 (24) 183 Statutory Rape 9 . 79 . 200-220 82 Stolen 9A. 56 . 010 (11) 52 Suicide (Promoting Attempt) 9A. 36 . 060 T 132 Tampering with a Witness 9A. 72 .120 134 Tampering with Physical Evidence 9A. 72 . 150 81 Theft and Robbery 9A. 56 .010-210 t� 7 Threat 9A.04 . 110 (25) Page 119 Trading in Public Office 9A. 68. 040 120 Trading in Special Influence 9A.68 . 050 75 Trespass 9A. 52 . 070-090 U 117 Unlawful Compensation (Receiving or Granting) 9A. 68 . 030 116 Unlawful Compensation (Requesting) 9A.68 .020 57 Unlawful Imprisonment 9A. 40 .040 16 Use of Force (When Lawful) 9A. 16 .020 V 82 Value (Defined) 9A. 56 . 010 (12) 8 Vehicle 9A.04 . 110 (26) 76 Vehicle Prowling 9A. 52 . 100 W 10 Wilfulness 9A.08. 010 (4) 131 Witness , Bribe Receiving By 9A. 72 . 100 . 130 Witness , Bribing 9A. 72 .090 132 Witness , Intimidation Of 9A. 72 . 110 132 Witness , Tampering With 9A. 72 .120 81 Wrongfully Obtains (Defined) 9A. 56 . 010 (7) s f til WASHINGTON STATE CRIMINAL JUSTICE TRAINING COMMISSION • i THOSE SECTIONS OF TITLE 9 RCW NOT REPEALED BY TITLE 9A RCW I The preparation of this document was aided in part by a grant from the U. S. Department of Justice, Law Enforcement Assistance Administration, and the Washington State Law and Justice Planning Office through the Washington State Criminal Justice Training Commission. • CHAPTER 9.01 RCW GENERAL PROVISIONS SECTIONS 9.01 .055 CITIZEN IMMUNITY IF AIDING OFFICER, SCOPE - WHEN. 9.01 .110 OMISSION, WHEN NOT PUNISHABLE. •. 9.01 .120 CIVIL REMEDIES PRESERVED. 9.01 .130 SENDING LETTER, WHEN COMPLETE. 9.01 .160 APPLICATION TO EXISTING CIVIL RIGHTS. STATUTES 9.01 .055 CITIZEN IMMUNITY IF AIDING OFFICER, SCOPE - WHEN. Private citizens aiding a police officer, or other officers of the law in the performance of their duties as police officers or officers of the law, shall have the same civil and criminal immunity as such officer, as a result of any act or commission for aiding or attempting to aid a police officer or other officer of the law, when such officer is in imminent danger of loss of life or grave bodily injury or when such officer requests such assistance and when such action was taken under emergency conditions and in good faith. (1969 c 37 § 1 . ) 9.01 .110 OMISSION, WHEN NOT PUNISHABLE. No person shall be punished for an omission to perform an act when such act has been per- ` formed by another acting in his behalf, and competent to perform it. 9.01.120 CIVIL REMEDIES PRESERVED. The omission to specify or affirm in this act any liability to any damages, penalty, forfeiture or other remedy, imposed by law, and allowed to be recovered or enforced in any civil action or proceeding, for any act or omission declared punishable herein, shall not affect any right to recover or enforce the same. • 9.01 .130 SENDING LETTER, WHEN COMPLETE. Whenever any statute makes the sending of a letter criminal , the offense shall be deemed complete from the time it is deposited in any post office or other • • 9.01 .130 SENDING LETTER, WHEN COMPLETE. - continued • place, or delivered to any person, with intent that it shall be forwarded; and the sender may be proceeded against in the county wherein it was so deposited or delivered, or in which it was received by the person to whom it was addressed. • 9.01 .160 APPLICATION TO EXISTING CIVIL RIGHTS. Nothing in this act shall be deemed to affect any civil right or remedy existing at the time when it shall take effect, by virtue of the common law or of the • provision of any statute. A • • • • • f CHAPTER 9.02 RCW ABORTION SECTIONS 9.02.010 DEFINED. 9.02.020 PREGNANT WOMEN ATTEMPTING ABORTION. 9.02.030 SELLING DRUGS, ETC. 9.02.040 EVIDENCE. 9.02.050 CONCEALING BIRTH. 9.02.060 UNLAWFUL TERMINATION OF PREGNANCY. 9.02.070 REQUIREMENTS - CONSENT - NINETY DAY RESIDENCY - ACCREDITED OR APPROVED HOSPITAL FACILITY - PENALTY. 9.02.080 OBJECTING TO PARTICIPATION. STATUTES Advertising or selling means of abortion: RCW 9.68.030. Criminal abortion, grounds for revoking midwifery license: RCW 18.50.100. Physicians and surgeons, unprofessional conduct: RCW 18.72.030(2) . �. 9.02.010 DEFINED. Every person who, with intent thereby to produce the miscarriage of a woman, unless the same is necessary to preserve her life or that of the child whereof she is pregnant, shall -- ` (1 ) Prescribe, supply, or administer to a woman, whether pregnant or not, or advise or cause her to take any medicine, drug or substance; or, (2) Use, or cause to be used, any instrument or other means; Shall be guilty of abortion, and punished by imprisonment in the state �- penitentiary for not more than five years, or in the county jail for not more than one year. 9.02.020 PREGNANT WOMEN ATTEMPTING ABORTION. Every pregnant woman who shall take any medicine, drug or substance, or use or submit to the use of any instrument or other means, with intent thereby to produce her own miscarriage, unless the same is necessary to preserve her life or that of the child whereof she is pregnant, shall be punished by imprisonment in the state penitentiary for not more than five years or by a fine of not more than one thousand dollars. • 9.02.030 SELLING DRUGS, ETC. Every person who shall manufacture, sell or give away any instrument, drug, medicine, or other substance, knowing or intending that the same may be unlawfully used in procuring the mis- carriage of a woman, shall be guilty of a gross misdemeanor. 9.02.040 EVIDENCE. In any prosecution for abortion, attempting . abortion, or selling drugs unlawfully, no person shall be excused .from, testi- fying as a witness on the ground that said testimony would tend to incriminate himself. • Incriminating .testimony of witness not to be used: RCW 10.52.090. Rights of accused persons: State Constitution Art. 1 secs. 9, 22. 9.02.050 CONCEALING BIRTH. Every person who shall endeavor to conceal the birth of a child by any disposition of its dead body, whether the child died before or after its birth, shall be guilty of a gross mis- demeanor. 9.02.060 LAWFUL TERMINATION OF PREGNANCY.. Neither the termination by a physician licensed under chapter 18.71 or 18.57 RCW of the pregnancy of a woman not quick with child nor the prescribing, supplying or administering of any medicine, drug or substance to or the use of any instrument or other means on, such woman by a physician so licensed, nor the taking of any medicine, drug or substance or the licensed, nor the taking of any medicine, drug or substance or the use or submittal to the use of any instrument or other means by such a woman when following the directions of a physician so licensed, with the intent to terminate such pregnancy, shall be deemed unlawful acts within the meaning of this act. (1970 1st ex.s. c 3 § 1 .) 9.02.070 ------REQUIREMENTS - CONSENT - NINETY DAY RESIDENCY - ACCREDITED OR APPROVED HOSPITAL FACILITY - PENALTY. - cont. A pregnancy of a woman not quick with child and not more than four lunar months after conception may be lawfully terminated under RQW 9.02.060 through 9.02.090 only: (a) with her prior consent and, if married and residing with • • 9.02.070 -------REQUIREMENTS - CONSENT - NINETY DAY RESIDENCY - • ACCREDITED OR APPROVED HOSPITAL FACILITY - PENALTY. .- cont. her husband or unmarried and under the age of eighteen years, with the prior consent of her husband or legal guardian, respectively, (b) if the woman has resided in this state for at least ninety days prior to the date of termi- nation, and (c) in a hospital accredited by the Joint Commission on Accredi- tation of Hospitals or at a medical facility approved for that purpose by the state board of health, which facility meets standards prescribed by regulations to be issued by the state board of health for the safe and adequate care and treatment of patients: Provided, That if a physician determines that termina- • tion is immediately necessary to meet the medical emergency the pregnancy may be terminated elsewhere. Any physician who violates this section or any regulation of the state board of health issued under authority of this section shall be guilty of a gross misdemeanor. (1970 1st ex.s. c 3 § 2. ) �. 9.02.080 -------OBJECTING TO PARTICIPATION. No hospital , physician, nurse, hospital employee nor any other person shall be under any duty, by law or contract, nor shall such hospital or person in any circumstances be required, •,� to participate in a termination of pregnancy if such hospital or person objects to such termination. No such person shall be discriminated against in employ- ment or professional privileges because he so objects. (1970 1st ex.s c 3 § 3.) • • • • r CHAPTER 9.03 RCW ABANDONED REFRIGERATION EQUIPMENT SECTIONS 9.03.010 ABANDONING, DISCARDING, REFRIGERATION EQUIPMENT. 9.03.020 PERMITTING UNUSED EQUIPMENT TO REMAIN ON PREMISES. 9.03.030 VIOLATION OF RCW 9.03.010 or 9.03.020. 9.03.040 KEEPING OR STORING EQUIPMENT FOR SALE. STATUTES • 9.03.010 ABANDONING, DISCARDING, REFRIGERATION EQUIPMENT. Any person who discards or abandons or leaves in any place accessible to children any refrigerator, icebox, or deep freeze locker having a capacity of one and one-half cubic feet or more, which is no longer in use, and which has not had the door removed or a portion of the latch mechanism removed to prevent latching or locking of the door, is guilty of a misdemeanor. 9.03.020 PERMITTING UNUSED EQUIPMENT TO REMAIN ON PREMISES. Any owner, lessee, or manager who knowingly permits such an unused refrigerator, icebox, or deep freeze locker to remain on the premises under his control without having the door removed or a portion of the latch mechanism removed to prevent latching or locking of the door is guilty of a misdemeanor. • 9.03.030 VIOLATION OF RCW 9.03.010 OR 9.03.020. Guilt of a violation of RCW 9.03.010 or 9.03.020 shall not, in itself, render one guilty of manslaughter, battery, or other crime against a person who may -� suffer death or injury from entrapment in such refrigerator, icebox, or deep freeze locker. 9.03.040 KEEPING OR STORING EQUIPMENT FOR SALE. Any person who keeps or stores refrigerators, iceboxes, or deep freeze lockers for the purpose of selling or offering them for sale shall not be guilty of a viola- tion of this chapter if he takes reasonable precautions to effectively secure the door of any refrigerator, icebox, or deep freeze locker held for purpose of sale so as to prevent entrance of children small enough to fit • into such articles. (1955 c 298 § 4. ) CHAPTER 9.05 RCW ANARCHY AND SABOTAGE SECTIONS 9.05.010 CRIMINAL ANARCHY DEFINED. 9.05.020 ADVOCATING CRIMINAL ANARCHY - PENALTY. 9.05.030 ASSEMBLAGES OF ANARCHISTS. 9.05.040 PERMITTING PREMISES TO BE USED FOR ASSEMBLAGES OF ANARCHISTS. 9.05.050 EVIDENCE - SELF-INCRIMINATION. 9.05.060 SABOTAGE DEFINED - PENALTY. 9.05.070 INTERFERENCE WITH OWNER'S CONTROL. 9.05.080 PENALTY FOR ADVOCATING SABOTAGE: 9.05.090 PROVISIONS CUMULATIVE. to 9.05.100 DISPLAYING EMBLEMS OF SEDITIOUS AND ANARCHISTIC GROUPS. 9.05.110 POSSESSION OF EMBLEMS UNLAWFUL. 9.05.120 PENALTY. 9.05.130 SEARCHES AND SEIZURES. 9.05.140 EXCEPTIONS. 9.05.150 PUBLISHING MATTER INCITING BREACH OF PEACE. 9.05.160 LIABILITY OF EDITORS AND OTHERS. 6 Subversive activities act: Chapter 9.81 . Treason: Chapter 9.82. STATUTES 9.05.010 CRIMINAL ANARCHY DEFINED. Criminal anarchy is the doctrine 0 that organized government should be overthrown by force or violence, or by assassination of the executive head or of any of the executive officials of government, or by any unlawful means. The advocating of such doctrine either by word of mouth, by writing, by radio, or by printing is a felony. Defamation, radio broadcasting: Chapter 19.64. 9.05.020 ADVOCATING CRIMINAL ANARCHY - PENALTY. Every person who -- (1 ) By word of mouth, by writing, by radio, or by printing shall • • 9.05.020 ADVOCATING CRIMINAL ANARCHY - PENALTY. - continued advocate, advise or teach the duty, necessity or propriety of overthrowing or overturning organized government by force or violence, or by assassination of the executive head or of any of the executive officials of government, or by any unlawful means; or, (2) Shall print, publish, edit, issue or knowingly circulate, sell , distribute or publicly display any book, paper, document, or written or printed matter in any form, containing or advocating, advising or teaching the doctrine that organized government should be overthrown by force, violence or any • unlawful means; or, (3) Shall openly, wilfully and deliberately justify by word of mouth, by writing, by radio or by printing the assassination or unlawful killing or assaulting of any executive or other officer of the United States or of any state or of any civilized nation having an organized government because of his official character, or any other crime, with intent to teach, spread or advocate the propriety of the doctrines of criminal anarchy; or, (4) Shall organize or help to organize or become a member of or voluntarily assemble with any society, group or assembly of persons formed to teach or advocate such doctrine. Shall be punished by imprisonment in the state penitentiary for not more than ten years, or by a fine of not more than five thousand dollars, or by both. No person convicted of violating any of the provisions of RCW 9.05.010 or 9.05.020 shall be an employee of the state, or any department, agency, or subdivision thereof during the five years next following his conviction. • 9.05.030 ASSEMBLAGES OF ANARCHISTS. Whenever two or more persons assemble for the purpose of advocating or teaching the doctrines of criminal anarchy, as defined in RCW 9.05.010, such an assembly is unlawful , and every • person voluntarily participating therein by his presence, aid or instigation, shall be punished by imprisonment in the state penitentiary for not more than ten years, or by a fine of not more than five thousand dollars or both. • 9.05.040 PERMITTING PREMISES TO BE USED FOR ASSEMBLAGES OF • ANARCHISTS. Every owner, agent, superintendent, janitor, r • 9.05.040 PERMITTING PREMISES TO BE USED FOR ASSEMBLAGES OF • ANARCHISTS. - continued • caretaker or accupant of any place, building or room, who shall wilfully and knowingly permit therein any assemblage of persons prohibited by RCW 9.05.030, or who, after notification that the premises are so used, shall permit such use to be continued, shall be guilty of a gross misdemeanor. 9.05.050 EVIDENCE - SELF-INCRIMINATION. No person shall be excused from giving evidence upon an investigation or prosecution for any of the offenses specified in RCW 9.05.020 or 9.05.030, upon the ground that the • evidence might tend to criminate himself. 9.05.060 SABOTAGE DEFINED - PENALTY. Whoever, with intent that his act shall , or with reason to believe that it may, injure, interfere with, or obstruct any agricultural , stockraising, lumbering, mining, quarrying, fishing, manufacturing, transportation, mercantile or building enterprise wherein persons are employed for wage, shall wilfully injure or destroy, or attempt or threaten to injure or destroy, any property whatso- ever, or shall wilfully derange, or attempt or threaten to derange, any mechanism or appliance, shall be guilty of a felony. Endangering life by breach of labor contract: RCW 49.44.080. r Excessive steam in boilers: RCW 70.54.080. Malicious injury to railroad property: RCW 81 .60.070. Malicious mischief - Injury to property: Chapter 9.61 . Sabotaging rolling stock: RCW 81 .60.080. 9.05.070 INTERFERENCE WITH OWNER'S CONTROL. Whoever, with intent to supplant, nullify or impair the owner's management or control of any enterprise described in RCW 9.05.060, shall unlawfully take or retain, or • attempt or threaten unlawfully to take or retain, possession or control of any property or instrumentality used in such enterprise, shall be guilty of a felony. • 9.05.080 PENALTY FOR ADVOCATING SABOTAGE. Whoever shall -- • • 9.05.080 PENALTY FOR ADVOCATING SABOTAGE. - continued (1 ) Advocate, advise or teach the necessity, duty, propriety or expediency of doing or practicing any of the acts made unlawful by RCW 9.05.060 or 9.05.070, or (2) Print, publish, edit, issue or knowingly sell , circulate, distribute or display any book, pamphlet, paper, hand-bill , document or written or printed matter of any form, advocating, advising or teaching such necessity, duty, propriety or expediency, or (3) By word of mouth or writing justify any act or conduct with intent to advocate, advise or teach such necessity, duty, propriety or expediency, or (4) Organize or help to organize, give aid to, be a member of or voluntarily assemble with, any group of persons formed to advocate, advise or teach such necessity, duty, propriety or expediency, Shall be guilty of a felony. 9.05.090 PROVISIONS CUMULATIVE. RCW 9.05.060 through 9.05.080 shall not be construed to repeal or amend any existing penal statute. 9.05.100 DISPLAYING EMBLEMS OF SEDITIOUS. AND ANARCHISTIC GROUPS. No � �9 flag, banner, standard insignia, bade emblem sign or other device 9 9 9 of, or suggestive of, any organized or unorganized group of persons who, by their laws, rules, declarations, doctrines, creeds, purposes, practices or efforts, espouse, propose or advocate any theory, principle or form of government antagonistic to, or subversive of, the Constitution, its man- dates, or laws of the United States or of this state, shall be displayed in this state. 9.05.110 POSSESSION OF EMBLEMS UNLAWFUL. The ownership or possession of any article or thing, the display of which is forbidden by RCW 9.05.100 through 9.05.140, shall be unlawful . 9.05.120 PENALTY. Any person who violates RCW 9.05.100 through 9.05.140 shall be guilty of a felony. An officer, trustee, director, agent • or employee of a corporation or association who participates in the doing, 9.05.120 PENALTY. - continued • of anything prohibited by RCW 9.05.100 through 9.05.140, shall be guilty of a felony. 9.05.130 SEARCHES AND SEIZURES. Every article or thing owned or kept in violation of RCW 9.05.100 through 9.05.140 is hereby declared to be pernicious and dangerous to the public welfare and subject to be searched for, seized, forfeited and destroyed. 9.05.140 EXCEPTIONS. Nothing in RCW 9.05.100 through 9.05.140 0 shall apply to the ownership, possession or display of flags, banners, stan- dards, insignia, badges or emblems of any nation having accredited repre- sentatives in the United States or in its territories or possessions; nor shall RCW 9.05.100 through 9.05.140 apply to historical museums of recog- nized standing. 9.05.150 PUBLISHING MATTER INCITING BREACH OF PEACE. Every person who shall wilfully print, publish, edit, issue, or knowingly circu- late, sell , distribute or display any book, paper, document or written or printed matter, in any form advocating, encouraging or inciting, or having a tendency to encourage or incite the commission of any crime, breach of the peace or act of violence, or which shall tend to encourage or advocate dis- respect for law or for any court or courts of justice, shall be guilty of a gross misdemeanor. Defamation, radio broadcasting: Chapter 19.64. 9.05.160 LIABILITY OF EDITORS AND OTHERS. Every editor or proprietor of a book, newspaper or serial and every manager of a partner- ship or incorporated association by which a book, newspaper or serial is issued, is chargeable with the publication of any matter contained in such book, newspaper or serial . But in every prosecution therefor, the defendant may show in his. defense that the matter complained of was published without his knowledge or fault and against his wishes by another who had no authority from him to make the publication, and was retracted by • him as soon as known. • CHAPTER 9.08 RCW • • ANIMALS, CRIMES RELATING TO SECTIONS 9.08.010 ALLOWING VICIOUS ANIMAL AT LARGE. • 9.08.020 DISEASED ANIMALS. 9.08.030 FALSE CERTIFICATE OF REGISTRATION OF ANIMALS - FALSE REPRESENTATION AS TO BREED. 9.08.040 OBTAINING ANIMAL OR VEHICLE BY FRAUD, ETC. -- FRAUD • BY BAILEE. 9.05.050 SHOOTING OR POISONING LIVESTOCK. 9.08.060 DOGS - TAKING, CONCEALING, INJURING, KILLING, ETC. -- PENALTY. • Bang's disease control : RCW 16.40.130. Brands and fences: Title 16. Brands and marks, generally: Chapter 9.16. Bulls running at large: RCW 16.20.040. County dog license tax: Chapter 36.49, RCW 36.49.070. Cruelty to animals, generally: Chapter 16.52. Cruelty to stock in transit: RCW 81 .56.120 • Destroying animals in state parks: RCW 43.51 .180. Disposal of dead animals: Chapter 16.68. Estrays, cattle, horses and mules: RCW 16.28.160. Game code: Title 77. Goats running at large: RCW 16.21 .100. Horses, mules and asses running at large: RCW 16.13.090. Injury to animals: RCW 9.61 .040. Livestock, removal from common range: RCW 16.28.170. • Poisoning, strychnine sales prohibited: RCW 16.67.110. Quarantine of diseased domestic animals: Chapter 16.36. Sheep disease control : Chapter 16.44, RCW 16.44.180. Sheep running at large: RCW 16.12.100. • Slaughtering and transporting livestock: Chapter 16.48. • Sufficiency of indictment or information in crimes involving animals: RCW 10.37.070. • Swine running at large; RCW 16.120.010. • • 9.08.010 ALLOWING VICIOUS ANIMALS AT LARGE. Every person having the care or custody of any animal known to possess any vicious or dangerous tendencies, who shall allow the same to escape or run at large in any place or manner liable to endanger the safety of any person, shall be guilty of a misdemeanor; and any person may lawfully kill such animal when reason- ably necessary to protect his own or the public safety. Bulls running at large: RCW 16.20.040. • 9.08.020 DISEASED ANIMALS. Every owner or person having charge thereof, who shall import or drive into this state, or who shall turn out or suffer to run at large upon any highway or unenclosed lands, or upon any • lands adjoining the enclosed lands kept by any person for pasture; or who shall keep or allow to be kept in any barn with other animals, or water or allow to be watered at any public drinking fountain or watering place, any animal having any contagious or infectious disease; or who shall sell , �. let or dispose of any such animal knowing it to be so diseased, without first apprising the purchaser or person taking it of the existence of such disease, shall be guilty of a misdemeanor. • Bang's disease control : RCW 16.40.130. Exposure to contagious diseases, penalty: RCW 70.54.050. Nuisances: Chapters 7.58,9.66. Pollution of drinking water or watershed: Chapter 35.88, • RCW 70.54.010, 70.54.030. Quarantine of diseased domestic animals: Chapter 16.36. Sheep disease control : Chapter 16.44, RCW 16.44.180 • 9.08.030 FALSE CERTIFICATE OF REGISTRATION OF ANIMALS -- FALSE REPRESENTATION AS TO BREED. Every person who, by color or aid of any false pretense, representation, token or writing shall obtain from any club, association, society or company for the improvement of the • breed of cattle, horses, sheep, swine, fowls or other domestic animals or • birds, a certificate of registration of any animal or bird in a herdbook, 4L I • • 9.08.030 FALSE CERTIFICATE OF REGISTRATION OF ANIMALS -- FALSE • REPRESENTATION AS TO BREED. - continued or other register of any such association, society or company or a transfer of any such registration, and every person who shall knowingly represent an animal or bird for breeding purposes to be a greater degree of any • particular strain of blood than such animal actually possesses, shall be guilty of a gross misdemeanor. 9.08.040 OBTAINING ANIMAL OR VEHICLE BY FRAUD, ETC. -- FRAUD BY • BAILEE. Every person who shall obtain from another the possession or use of any horse or other draft animal or any vehicle or automobile, without paying therefor, with intent to defraud the owner thereof, or who shall obtain the possession or use thereof by color or aid of any false or fraudulent representation, pretense, token or writing, or shall obtain credit for such use by color or aid of any false or fraudu- lent representation, pretense, token or writing; or who having hired property, shall recklessly, wilfully, wantonly or by gross negligence injure or destroy or cause, suffer, allow or permit the same, or any part thereof, to be injured or destroyed; or who, having hired any horse or other draft animal upon an understanding or agreement that the same shall be ridden or driven a specified distance or to a specified place, shall wilfully and fraudulently ride or drive or cause, permit or allow the same to be ridden or driven a longer distance, or to a different place, shall be guilty of a misdemeanor. 9.08.050 SHOOTING OR POISONING LIVESTOCK. Any person who injures or kills by shooting or poisoning any horse, mule, cattle, sheep, swine, or goat without the permission of the owner thereof and who does not commit grand larceny as defined by RCW 9.54.090 shall be guilty of a gross misde- meanor. (1970 lst ex.s. c 90 § 1 . ) • 9.08.060 DOGS -- TAKING, CONCEALING, INJURING, KILLING, ETC. - PENALTY. Any person who, with intent to deprive or defraud the owner thereof: (1 ) Takes, leads away, confines, secrets or converts any dog; or • • • 9.08.060 DOGS -- TAKING, CONCEALING, INJURING, KILLING, ETC. -- • PENALTY. - continued • (2) Conceals the identity of any dog or its owner by obscuring or removing from the dog any collar, tag, license, tattoo or other identifying device or mark; or (3) Wilfully kills or injures any dog, unless excused by law, shall be • guilty of a gross misdemeanor and shall be punished by imprisonment in the county jail for not more than one year or by a fine of not more than one thousand dollars, or both such fine and imprisonment. (1972 1st ex.s. c 114 § 1 .) • • 0 • • • • • • • CHAPTER 9.12 RCW BARRATRY SECTIONS 9.12.010 BARRATRY. 9.12.020 BUYING, DEMAND OR PROMISING REWARD BY JUSTICE OR CONSTABLE. 9.12.030 OUT-OF-STATE SOLICITATION OF PERSONAL INJURY CLAIMS ARISING IN STATE. STATUTES 9.12.010 BARRATRY. Every person who shall bring on his own behalf, or instigate, incite or encourage another to bring, any false suit at law or in equity in any court of this state, with intent thereby to distress or harass a defendant therein; and every person, being an attorney or counselor at law, who shall personally, or through the agency of another, solicit employ- ment as such attorney, in any suit pending or prospective, or, with intent to obtain such employment shall , directly or indirectly, loan any money or give or promise to give any money, property or other consideration to the person from whom such employment is sought; and every person who shall serve or send any paper or document purporting to be or resembling a judicial process, not in fact a judicial process shall be guilty of a misdemeanor; and in case the person offending is an attorney, he may, in addition thereto be disbarred from practicing law within this state. Attorneys at law: Chapter 2.44. State bar act: Chapter 2.48. • 9.12.020 BUYING, DEMAND OR PROMISING REWARD BY JUSTICE OR CONSTABLE. Every justice of the peace or constable who shall , directly or indirectly, buy or be interested in buying anything in action for the purpose of commenc- ing a suit thereon before a justice of the peace, or who shall give or promise any valuable consideration to any person as an inducement to bring, or as a consideration for having brought, a suit before a justice of the peace, shall be guilty of a misdemeanor. • • • 9.12.030 OUT-OF-STATE SOLICITATION OF PERSONAL INJURY CLAIMS • ARISING IN STATE. Whoever obtains or solicits for him- • self or another employment in asserting without the state any claims or right of action that arose within the state for death or personal injuries in favor of a resident of the state and against a resident thereof or a corporation subject to service of process therein, is guilty of a gross misdemeanor. • • • • • • • CHAPTER 9.16 RCW BRANDS AND MARKS, CRIMES RELATING TO • SECTIONS 9.16.010 REMOVING LAWFUL BRANDS. • 9.16.020 IMITATING LAWFUL BRAND. 9.16.030 COUNTERFEITING TRADEMARK, BRAND, ETC. 9.16.040 DISPLAYING GOODS WITH FALSE TRADEMARK. 9.16.050 WHEN DEEMED AFFIXED. 9.16.060 FRAUDULENT REGISTRATION OF TRADEMARK. 9.16.070 FORM AND SIMILITUDE. 9.16.080 SALES OF PETROLEUM PRODUCTS IMPROPERLY LABELED OR BY WRONG GRADE. 9.16.090 -------PENALTY FOR VIOLATIONS. • 9.16.100 USE OF THE WORDS "STERLING SILVER," ETC. 9.16.110 USE OF WORDS "COIN SILVER," ETC. 9.16.120 USE OF THE WORD "STERLING," ON MOUNTING. 9.16.130 USE OF THE WORDS "COIN SILVER," ON MOUNTING. 9.16.140 UNLAWFULLY MARKING ARTICLE MADE OF GOLD. 9.16.150 "MARKED, STAMPED OR BRANDED," DEFINED. STATUTES • 9.16.010 REMOVING LAWFUL BRANDS. Every person who shall wilfully deface, obliterate, remove or alter any mark or brand placed by or with the authority of the owner thereof on any shingle bolt, log or stick of timber, or on any horse, mare, gelding, mule, cow., steer, bull , sheep, goat or hog, shall be punished by imprisonment in the state penitentiary for not more than five years, or by imprisonment in the county jail for not more than one year, or by a fine of not more than one thousand dollars, or by both fine and imprisonment. 9.16.020 IMITATING LAWFUL BRAND. Every person who, in any county, shall place upon any property, and brand or mark in the likeness or simi- litude of another brand or mark filed with the county auditor of such i county by the owner thereof as a brand or mark for the designation or • identification of a like kind of property, shall -- (1 ) If done with intent to confuse or commingle such property with, or to appropriate to his own use, the property of such other owner, be 9. 16.020 IMITATING LAWFUL BRAND. - continued • guilty of a felony, and be punished by imprisonment in the state penitentiary for not more than five years, or by imprisonment in the county jail for not more than one year, or by a fine of not more than one thousand dollars, or by both fine and imprisonment; or (2) If done without such intent, shall be guilty of a misdemeanor. 9.16.030 COUNTERFEITING TRADEMARK, BRAND, ETC. Every person who shall use or display or have in his possession with intent to use or display, the genuine label , trademark, term, design, device, or form of advertisement of any person, corporation, association or union, lawfully filed for record in the office of the secretary of state, or the exclusive right to use which is guaranteed to any person, corporation, association or union, or who shall wilfully forge or counterfeit or use or display or have in his possession with intent to use or display any representation, likeness, similitude, copy or imitation of any genuine label , trademark, term, design, device, or form of advertisement, so filed or protected, or any die, plate, stamp or other device for manufacturing the same, shall be guilty of a gross misdemeanor. 9.16.040 DISPLAYING GOODS WITH FALSE TRADEMARK. Every person who shall knowingly sell , display or advertise, or have in his possession with intent to sell , any goods, wares, merchandise, mixture, preparation or compound having affixed thereto any label , trademark, term, design, device, or form of advertisement lawfully filed for record in the office of the secretary-of state by any person, corporation, association or union, or the exclusive right to the use of which is guaranteed to such person, corporation, association of union under the laws of the United States, which label , trademark, term, design, device or form of advertisement shall have been used or affixed thereto without the written authority of such person, corporation, association or union, or having affixed thereto any forged or • counterfeit representation, likeness, similitude, copy or imitation thereof, shall be guilty of a misdemeanor. • • • 9.16.050 WHEN DEEMED AFFIXED. - A label , trademark, term, design, device or form of advertisement shall be deemed to be affixed to any goods, wares, merchandise, mixture, preparation or compound whenever it is in any manner placed in or upon either the article itself, or the box, bale, barrel , bottle, case, cask or other vessel or package, or the cover, wrapper, stopper, brand, label or other thing in, by or with which the goods are packed, enclosed or otherwise prepared for sale or distribution. 9.16.060 FRAUDULENT REGISTRATION OF TRADEMARK. Every person who shall for himself, or on behalf of any other person, corporation, association or union, procure the filing of any label , trademark, term, design, device or form of advertisement, with the secretary of state by any fraudulent means, shall be guilty of a misdemeanor. 9.06.070 FORM AND SIMILITUDE DEFINED. A plate, label , trade- mark, term, design, device or form of advertisement is in the form and similitude of the genuine instrument imitated if the finished parts of the engraving thereupon shall resemble or conform to the similar parts of the genuine instrument. 9.06.080 SALES OF PETROLEUM PRODUCTS IMPROPERLY LABELED OR BY 10 WRONG GRADE. It shall be unlawful for any person, firm or corporation: (1 ) To use, adopt, place upon, or permit to be used, adopted or placed upon, any barrel , tank, drum or other container of gasoline or lubricating oil for internal combustion engines, sold or offered for sale, or upon any pump or other device used in delivering the same, any trade name, trademark, designation or other descriptive matter, which is not the true and correct trade name, trademark, designation or other descriptive matter of the gaso- line or lubricating oil so sold or offered for sale; (2) To sell , or offer for sale, or have in his or its possession with intent to sell , any gasoline or lubricating oil , contained in, or taken from, or through any barrel , tank, drum, or other container or pump or other device, so unlawfully labeled or marked, as hereinabove provided; • • 9.16.080 SALES OF PETROLEUM PRODUCTS IMPROPERLY LABELED OR BY WRONG GRADE. - continued • (3) To sell , or offer for sale, or have in his or its possession with intent to sell any gasoline or lubricating oil for internal combustion engines and to represent to the purchaser, or prospective purchaser, that such gasoline or lubricating oil so sold or offered for sale, is of a quality, • grade or standard, or the product of a particular gasoline or lubricating oil manufacturing, refining or distributing company or association, other than the true quality, grade, standard, or the product of a particular gasoline or oil manufacturing, refining or distributing company or association, of • the gasoline or oil so offered for sale or sold. 9.16.090 -------PENALTY FOR VIOLATIONS. Any person, firm or corporation, violating any of the provisions of RCW 9.16.080 shall be • guilty of a misdemeanor, and for a second, and each subsequent, violation of any provision of RCW 9.16.080 shall be guilty of a gross misdemeanor. 9.16.100 USE OF THE WORDS "STERLING SILVER," ETC. Every person who shall make, sell or offer to sell or dispose of, or have in his posses- sion with intent to sell or dispose of any metal article marked, stamped or branded with the words "sterling," "sterling silver," or "solid silver," unless nine hundred twenty-five one-thousandths of the component parts of • the metal of which such article and all parts thereof is manufactured is pure silver, shall be guilty of a gross misdemeanor. 9.16.110 USE OF WORDS "COIN SILVER," ETC. Every person who shall • make, sell or offer to sell or dispose of, or have in his possession with intent to dispose of any metal article marked, stamped or branded with the words "coin," or "coin silver," unless nine hundred one-thousandths of the component parts of the metal of which such article and all parts thereof • is manufactured, is pure silver, shall be guilty of a gross misdemeanor. 9.16.120 USE OF THE WORD "STERLING," ON MOUNTING. Every person who shall make, sell , offer to sell or dispose of, or have in his possession • with intent to sell or dispose of, any article comprised of leather, shell , • • • 9.16.120 USE OF THE WORD "STERLING," ON MOUNTING. - continued ivory, celluloid, pearl , glass, porcelain, pottery, steel or wood, to which is applied or attached a metal mounting marked, stamped or branded with the words "sterling," or "sterling silver," unless nine hundred twenty-five one-thousandths of the component parts of the metal of which such metal mounting is manufactured is pure silver, shall be guilty of a gross misdemeanor. 9.16.130 USE OF THE WORDS "COIN SILVER," ON MOUNTING. Every person who shall make, sell , offer to sell or dispose of, or have in his possession with intent to sell or dispose of, any article comprised of leather, shell , ivory, celluloid, pearl , glass, porcelain, pottery, steel or wood, to which is applied or attached a metal mounting marked, stamped or branded with the words "coin," or "coin silver," unless nine hundred one-thousandths of the component parts of the metal of which such metal mounting is manu- factured is pure silver, shall be guilty of a gross misdemeanor. 9.16.140 UNLAWFULLY MARKING ARTICLE MADE OF GOLD. Every person who shall make, sell , offer to sell or dispose of, or have in his possession with intent to sell or dispose of, any article constructed wholly or in part of gold, or of an alloy of gold, and marked, stamped or branded in such manner as to indicate that the gold or alloy of gold in such article is of a greater degree or carat of fineness, by more than one carat, than the actual carat or fineness of such gold or alloy of gold, shall be guilty of a gross misdemeanor. S 9.16.150 "MARKED, STAMPED OR BRANDED," DEFINED. An article shall . be deemed to be "marked, stamped or branded" whenever such article, or any box, package, cover or wrapper in which the same is enclosed, encased or prepared for sale or deli.very, or any card, label or placard with which the same may be exhibited or displayed, is so .marked, stamped or branded. • • CHAPTER 9.18 RCW • BRIBERY AND GRAFTING SECTIONS 9.18.080 OFFENDER A COMPETENT WITNESS. 9.18.120 SUPPRESSION OF COMPETITIVE BIDDING. 9.18.130 COLLUSION TO PREVENT COMPETITIVE BIDDING. 9.18.140 PENALTY. 9.18.150 AGREEMENTS OUTSIDE STATE. STATUTES 9.18.080 OFFENDER A COMPETENT WITNESS. Every person offending against- any of the provisions of law relating to bribery or corruption shall be a competent witness against another so offending and shall not be excused from giving testimony tending to criminate himself. • 9.18.120 SUPPRESSION OF COMPETITIVE BIDDING. When any competi- tive bid or bids are to be or have been solicited, requested, or advertised for by the state of Washington or any county, city, town or other municipal Ow corporation therein; or any department of either thereof, for any work or improvement to be done or constructed for or by such state, county, city, town, or other municipal corporation, or any department of either thereof, it shall be unlawful for any person acting for himself or as agent of another, or as agent for or as a member of any partnership, unincorporated firm or association, or as an officer or agent of any corporation, to offer, give, or promise to give, any money, check, draft, property, or other thing of value, to another or to any firm, association, or corporation for • the purpose of inducing such other person, firm, association, or corporation, either to refrain from submitting any bids upon such public work or improve- ment, or to enter into any agreement, understanding or arrangement whereby full and unrestricted competition for the securing of such public work will • be suppressed, prevented, 'or eliminated; and it shall be unlawful for any person to solicit, accept, or receive any money, check, draft, property, or other thing of value upon a promise or understanding, express or implied, that he individually or as an agent or officer of another person, persons, • or corporation, will refrain from bidding upon such public work or improve- • • • 9.18.120 SUPPRESSION OF COMPETITIVE BIDDING. - continued ment, or that he will on behalf of himself or such others submit or permit another to submit for him any bid upon such public work or improvement in such sum as to eliminate full and unrestricted competition thereon. 9.18.130 COLLUSION TO PREVENT COMPETITIVE BIDDING. It shall be unlawful for any person for himself or as an agent or officer of any other person, persons, or corporation to in any manner enter into collusion or an understanding with any other person, persons, or corporation to prevent • or eliminate full and unrestricted competition upon any public work or improvement mentioned in RCW 9.18.120. . 9.18.140 PENALTY. Any person violating any provisions of • RCW 9.18.120 through 9.18.150 shall be guilty of a gross misdemeanor. 9.18.150 AGREEMENTS OUTSIDE STATE. It shall be no defense to a prosecution under RCW 9.18.120 through 9.18.150 that a payment or promise of payment of any money, check, draft, or anything of value, or any other understanding or arrangement to eliminate unrestricted competitive bids was had or made outside of the state of Washington, if such work or improvement for which bids are called is to be done or performed within the state. • • • • CHAPTER 9.23 RCW • CONTEMPT SECTION 9.23.010 CRIMINAL CONTEMPT STATUTE 9.23.010 CRIMINAL CONTEMPT. Every person who shall commit a contempt of court of any one of the following kinds shall be guilty of a misdemeanor: (1) Disorderly, contemptuous or insolent behavior committed during the sitting of the court, in its immediate view and presence, and directly tending to interrupt its proceedings or to impair the respect due to its authority; or, (2) Behavior of like character in the presence of a referee, while actually engaged in a trial or hearing pursuant to an order of court, or in the presence of a jury while actually sitting in the trial of a cause or upon an inquest or other proceeding authorized by law; or, (3) Breach of the peace, noise or other disturbance directly tending to interrupt the proceedings of a court, jury or referee; or, (4) Wilful disobedience to the lawful process or mandate of a court; or, (5) Resistance, wilfully offered, to its lawful process or mandate; or, (6) Contumacious and unlawful refusal to be sworn as a witness or, after being sworn, to answer any legal and proper interrogatory; or, (7) Publication of a false or grossly inaccurate report of its proceedings; or, (8) Assuming to be an attorney or officer of a court or acting as such without authority. Contempts: Chapter 7.20. Criminal act constituting contempt may be punished separately: RCW 9.92.040. Disclosure of indictment by grand ,juror or court officer, a contempt: RCW 10.28.210. • Justice of the peace -- contempts: Chapter 3.28. Power of courts and judicial officers to punish for contempt: RCW 2.28.030, 2.28.070. • • ! • • CHAPTER 9.27 RCW • DISTURBANCES, RIOT AND UNLAWFUL ASSEMBLY SECTION 9.27.015 INTERFERENCE, OBSTRUCTION OF ANY COURT, BUILDING OR RESIDENCE - VIOLATIONS. STATUTE 9.27.015 INTERFERENCE, OBSTRUCTION OF ANY COURT, BUILDING OR RESIDENCE - VIOLATIONS. Whoever, interfering with, obstructing, or impeding the administration of justice, pickets or parades in or near a building housing a court of the state of Washington or any political subdivision thereof, or in or near a building or residence occu- pied or used by such judge, juror, witness, or court officer, or uses any sound-truck or similar device or resorts to any other demonstration in or 0 near any such building or residence, shall be guilty of a gross misdemeanor. Nothing in this section shall interfere with or prevent the exercise by any court of the state of Washington or any political subdivision thereof of its power to punish for contempt. (1971 lst ex.s. c 302 § 16.) �. s • • • CHAPTER 9.31 RCW • ESCAPE AND RESCUE SECTION 9.31 .090 ESCAPED PRISONER RECAPTURED. • STATUTE 9.31 .090 ESCAPED PRISONER RECAPTURED. Every person in custody, under sentence of imprisonment for any crime, who shall escape from custody, may be recaptured and imprisoned for a term equal to the unexpired portion { • of the original term. • • • • • • CHAPTER 9.38 RCW • FALSE REPRESENTATIONS • SECTIONS 9.38.010 FALSE REPRESENTATION CONCERNING CREDIT. 9.38.020 FALSE REPRESENTATION CONCERNING TITLE. STATUTES • 9.38.010 FALSE REPRESENTATION CONCERNING CREDIT. Every person who, with intent thereby to obtain credit or financial rating, shall wil- fully make any false statement in writing of his assets or liabilities to • any person with whom he may be either actually or prospectively engaged in any business transaction or to any commercial agency or other person engaged in the business of collecting or disseminating information concerning financial or commercial ratings, shall be guilty of a misdemeanor. • 9.38.020 FALSE REPRESENTATION CONCERNING TITLE. Every person who shall maliciously or fraudulently execute or file for record any instru- ment, or put forward any claim, by which the right or title of another to any real property is, or purports to be transferred, encumbered or clouded, shall be guilty of a gross misdemeanor. • • • • • • CHAPTER 9.40 RCW FIRE, CRIMES RELATING TO SECTIONS 9.40.040 OPERATING ENGINE OR BOILER WITHOUT SPARK ARRESTER. 9.40.100 INJURING OR TAMPERING WITH FIRE ALARM APPARATUS OR EQUIPMENT - SOUNDING FALSE ALARM OF FIRE. 9.40.110 "INCENDIARY DEVICES" - DEFINITIONS. 9.40.120 -------PENALTY. 9.40.130 -------EXCEPTIONS. STATUTES 9.40.040 OPERATING ENGINE OR BOILER WITHOUT SPARK ARRESTER. Every person who shall operate or permit to be operated in a dangerous proximity to any brush, grass or other inflammable material , any spark- emitting engine or boiler which is not equipped with a modern spark-arrester, in good condition, shall be guilty of a misdemeanor. 9.40.100 INJURING OR TAMPERING WITH FIRE ALARM APPARATUS OR EQUIPMENT - SOUNDING FALSE ALARM OF FIRE. Any person who wilfully and without cause tampers with, molests, injures or breaks any public or private fire alarm apparatus, emergency phone, radio, or other wire or signal , or any fire fighting equipment, or who wilfully and without having reasonable grounds for believing a fire exists, sends, gives, trans- mits, or sounds any false alarm of fire, by shouting in a public place or by means of any public or private fire alarm system or signal , or by tele- phone, is guilty of a misdemeanor. This provision shall not prohibit the testing of fire alarm systems by persons authorized to do so, by a fire "department or state fire marshal official . 9.40.110 "INCENDIARY DEVICES" - DEFINITIONS. For the purposes of RCW 9.40.110 through 9.40.130, as now or hereafter amended, unless the context indicates otherwise: (1) "Disposes of" means to give, give away, loan, offer, offer for r sale, sell , or transfer. i • 9.40.110 "INCENDIARY DEVICES" - DEFINITIONS. - continued • (2) "Incendiary device" means any material , substance, device, or • combination thereof which is capable of supplying the initial ignition and/or fuel for a fire and is designed to be used as an instrument of wilful destruc- tion. However, no device commercially manufactured primarily for the pur- pose of illumination shall be deemed to be an incendiary device for purposes • of this section. (1971 1st ex.s. c 302 § 3. ) 9.40.120 -------PENALTY. Every person who possesses, manu- factures, or disposes of an incendiary device knowing it to be such is • guilty of a felony, and upon conviction, shall be punished by imprisonment in a state prison for a term of not more than twenty-five years. (1971 1st ex.s. c 302 § 4.) • 9.40.130 -------EXCEPTIONS. RCW 9.40.120, as now or hereafter amended, shall not prohibit the authorized use or possession of any material , substance, or device described therein by a member of the armed forces of the United States or by firemen, or peace officers, nor shall these sections prohibit the use or .possession of any material , substance, or device described therein when used solely for scientific research or educational ,, purposes or for any lawful purpose. RCW 9.40.120, as now or hereafter amended, shall not prohibit the manufacture or disposal of an incendiary • device for the .parties or purposes described in this section. (1971 1st ex.s. c 302 § 5.) • • • • • CHAPTER 9.41 RCW • FIREARMS AND DANGEROUS WEAPONS SECTIONS 9.41 .010 TERMS DEFINED. • 9.41 .020 COMMITTING CRIME WHEN ARMED. 9.41 .025 COMMITTING CRIME WHEN ARMED - PENALTIES - "INHERENTLY DANGEROUS" DEFINED - RESISTING ARREST. 9.41 .030 BEING ARMED PRIMA FACIE EVIDENCE OF INTENT. 9.41 .040 CERTAIN PERSONS FORBIDDEN TO POSSESS ARMS. 9.41 .050 CARRYING PISTOL. 9.41 .060 EXCEPTION TO CARRYING PISTOL RESTRICTION. 9.41 .070 ISSUE OF LICENSES TO CARRY. 9.41 .080 DELIVERY TO MINORS AND OTHERS FORBIDDEN. 9.41 .090 SALES REGULATED. 9.41 .093 EXEMPTIONS. 9.41 .095 DENIAL OF APPLICATION APPEAL. 9.41 .100 DEALERS TO BE LICENSED. 9.41 .110 DEALERS LICENSES, BY WHOM GRANTED AND CONDITIONS THEREOF. 9.41 .120 CERTAIN TRANSFERS FORBIDDEN. 9,.41 .130 FALSE INFORMATION FORBIDDEN. • 9.41 .140 ALTERATION OF IDENTIFYING MARKS - EXCEPTIONS. 9.41 .150 EXEMPTIONS. 9.41 .160 GENERAL PENALTIES. 9.41 .170 ALIENS LICENSE TO CARRY FIREARMS. • 9.41 .180 SETTING SPRING GUN. 9.41 .185 COYOTE GETTERS. 9.41 .190 MACHINE GUNS PROHIBITED. 9.41 .200 MACHINE GUN DEFINED. 9.41 .210 PENALTY. 9.41 .220 MACHINE GUN AND PARTS CONTRABAND. 9.41 .230 AIMING OR DISCHARGING FIREARMS. 9.41 .240 USE OF FIREARMS BY MINOR. 9.41 .250 DANGEROUS WEAPONS - EVIDENCE. • • • 9.41 .260 DANGEROUS EXHIBITIONS. • 9.41 .270 WEAPONS APPARENTLY CAPABLE OF PRODUCING BODILY HARM, • CARRYING, EXHIBITING, DISPLAYING OR DRAWING UNLAWFUL - PENALTY - EXCEPTIONS. STATUTES 9.41 .010 TERMS DEFINED. "Short firearm" or "pistol" as used in • RCW 9.41 .010 through 9.41 .160 means any firearm with a barrel less than twelve inches in length. "Crime of violence" as used in RCW 9.41 .010 through 9.41 .160 means any of the following crimes or an attempt to commit any of the same: Murder, manslaughter, rape, riot, mayhem, first degree assault, second degree assault, robbery, burglary and kidnaping. (1971 1st ex.s. c 302 § 1 .) 9.41 .020 COMMITTING CRIME WHEN ARMED. Repealed by 1969 1st ex.s • c 175 § 2. 9.41 .025 COMMITTING CRIME WHEN ARMED - PENALTIES - "INHERENTLY DANGEROUS" DEFINED - RESISTING ARREST. Any person Y who shall commit or attempt to commit any felony, or any misdemeanor or gross misdemeanor categorized herein as inherently dangerous, while armed with, or in the possession of any firearm, shall upon conviction, in addition to the penalty provided by statute for the crime committed without use or • possession of a firearm, be imprisoned as herein provided: (1) For the first offense the offender shall be guilty of a felony and the court shall impose a sentence of not less than five years, which sentence shall not be suspended or deferred; • (2) For a second offense, or if, in the case of a first conviction of violation of any provision of this section, the offender shall previously have been convicted of violation of the laws of the United States or of any other state, territory or district relating to the use or possession of a firearm while committing or attempting to commit a crime, the offender . shall be guilty of a felony and shall be imprisoned for not less than seven and one-half years, which sentence shall not be suspended or deferred; (3) For a third or subsequent offense, or if the offender shall • • • S 9.41 .025 COMMITTING CRIME WHEN ARMED-- PENALTIES - "INHERENTLY • DANGEROUS" DEFINED - RESISTING ARREST. - continued previously have been convicted two or more times in the aggregate of any violation of the law of the United States or of any other state, territory or district relating to the use or possession of a firearm while committing or attempting to commit a crime, the offender shall be guilty of a felony and shall be imprisoned for not less than fifteen years, which sentence shall not be suspended or deferred; (4) Misdemeanors or gross misdemeanors categorized as "Inherently Dangerous" as the term is used in this statute means any of the following crimes or an attempt to commit any of the same: Assault in the third degree, provoking an assault, interfering with a public officer, disturbing a meeting, riot, remaining after warning, obstructing firemen, petit larceny, injury to property, intimidating a public officer, shoplifting, indecent liberties, and soliciting a minor for immoral purposes. (5) If any person shall resist apprehension or arrest by firing upon a law enforcement officer, such person shall in addition to the penalty pro- vided by statute for resisting arrest, be guilty of a felony and punished by imprisonment for not less than ten years, which sentence shall not be suspended or deferred. (1969 1st ex.s. c 175 § 1 . ) 9.41 .030 BEING ARMED PRIMA FACIE EVIDENCE OF INTENT. In the trial of a person for committing or attempting to commit a crime of violence, the fact that he was armed with a pistol and had no license to carry the same shall be prima facie evidence of his intention to commit said crime of • violence. 9.41 .040 CERTAIN PERSONS FORBIDDEN TO POSSESS ARMS. No person who has been convicted in this state or elsewhere of a crime of violence, shall • own a pistol or have one in his possession or under his control . Such person upon being convicted of a violation of this section shall be guilty of a felony and punished by imprisonment in the state penitentiary for not less than one year nor more than ten years. • • 9.41 .050 CARRYING PISTOL. No person shall carry a pistol in any • vehicle unless it is unloaded or carry a pistol concealed on his person, � I except in his place of abode or fixed place of business, without a license therefor as hereinafter provided. 9.41 .060 EXCEPTION TO CARRYING PISTOL RESTRICTION. The provisions of RCW 9.41 .050 shall not apply to marshals, sheriffs, prison or jail war- dens or their deputies, policemen or other law enforcement officers, or to members of the army, navy or marine corps of the United States or of the national guard or organized reserves when on duty, or to regularly enrolled members of any organization duly authorized to purchase or receive such weapons from the United States or from this state, or to regularly enrolled members of clubs organized for the purpose of target shooting or modern and antique firearm collecting on to individual hunters: PROVIDED, Such members are at, or are going to or from their places of target practice, or their collector's gun shows and exhibits, or are on a hunting, camping or fishing trip, or to officers or employees of the United States duly authorized to carry a concealed pistol , or to any person engaged in the business of manu- facturing, repairing, or dealing in firearms or the agent or representative of any such person having in his possession, using, or carrying a pistol in the usual or ordinary course of such business, or to any person while carrying a pistol unloaded and in a secure wrapper from the place of purchase to his home or place of business or to a place of repair or back to his home or place of business or in moving from one place of above or business to another. r 9.41 .070 ISSUE OF LICENSES TO CARRY. The judge of a court of record, the chief of police of a municipality, or the sheriff of a county, shall within thirty days after the filing of an application of any person issue -a license to such person to carry a pistol concealed on his person within this state for two years from date of issue, for the purposes of protection or while engaged in business, sport or while traveling. Such citizen's constitutional right to bear arms shall not be denied to him, unless he is ineligible to own a pistol under the provisions of RCW 9.41 .040 as now or hereafter amended or there exists a record of his prior • i I � • 9.41 .070 ISSUE OF LICENSES TO CARRY. - continued court conviction of a crime of violence or of drug addiction or of habitual drunkenness or of confinement to a mental institution: Provided, That such permit shall be revoked immediately upon conviction of a crime which makes such a person ineligible to own a pistol . The license shall be in triplicate, in form to be prescribed by the state director of motor vehicles, and shall bear the name, address, and description, fingerprints and signature of the licensee and the reason given for desiring a license. The original thereof shall be delivered to the licensee, the duplicate shall within seven days I � be sent by registered mail to the director of motor vehicles and the tripli- cate shall be preserved for six years, by the authority issuing said license. (1 ) The fee for the original issuance of a two-year license shall be five dollars: Provided, That the fee shall be distributed as follows: (a) Two dollars shall be paid to the state general fund; (b) One dollar fifty cents shall be paid to the agency taking the fingerprints of the person licensed; and (c) One dollar fifty cents shall be paid to the issuing authority for the purpose of enforcing this chapter. (2) The fee for the renewal of such license shall be three dollars: Provided, That the fee shall be distributed as follows: (a) One dollar shall be paid to the state general fund; and (b) Two dollars shall be paid to the issuing authority for the purpose of enforcing this chapter. (1971 1st ex.s. c 302 § 2.) 9.41 .080 DELIVERY TO MINORS AND OTHERS FORBIDDEN. No person shall deliver a pistol to any person under the age of twenty-one or to one who he has reasonable cause to believe has been convicted of a crime of violence, or is a drug addict, an habitual drunkard, or of unsound mind. 9.41 .090 SALES REGULATED. In addition to the other requirements of RCW sections 9.41 .010 through 9.41 .150 as now or hereinafter amended, no seller shall deliver a pistol to the purchaser thereof until seventy-two hours shall have elapsed from the time of the application for the purchase thereof as provided herein, and, when delivered, said pistol shall be securely 9.41 .090 SALES REGULATED. - continued • wrapped and shall be unloaded. At the time of applying for the purchase of a pistol the purchaser shall sign in duplicate and deliver to the seller an application containing his full name, address, occupation, place of birth and the date and hour of the application; and a description of the weapon including, the make, model , caliber and manufacturer's number; and a statement that he has never been convicted in this state or elsewhere of a crime of violence, drug addiction or habitual drunkenness, or is legally judged to be of unsound mind. The seller shall , by the end of the business day, sign and attach his address and deliver the original of such application to the chief of police of the municipality or the sheriff of the county of which the seller is a resident. The seller shall deliver the pistol to the purchaser following seventy-two hours thereafter unless the seller is notified in writing by the chief of police of the municipality or the sheriff of the county, whichever is applicable, denying the purchaser's application to purchase and the grounds thereof. The application shall not be denied unless the purchaser has been convicted in this state or elsewhere of a crime of violence, drug addiction, or habitual drunkenness, or is legally judged to be of unsound mind. The chief i of police of the municipality or the county sheriff shall maintain a file containing the original of the application to purchase a pistol . (1969 1st ex.s. c 227 § 1 .) 9.41 .093 EXEMPTIONS. The following shall be exempt from the provi- sions of RCW 9.41 .090 as now or hereinafter amended: sales by wholesalers to dealers; and the sale of antique pistols exempted by the provisions of • RCW 9.41 .150, as amended. (1969 1st ex.s. c 227 § 2. ) 9.41..095 DENIAL OF APPLICATION APPEAL. Any person whose appli- cation to purchase a pistol as provided in RCW 9.41 .090 as now or hereinafter amended is denied shall have a right to appeal to the legislative body of the municipality or of the county, whichever is applicable, for a review of the denial at a public hearing to be conducted within fifteen days after denial . It shall be the duty of the law enforcement officer recommending the denial to appear at such hearing and to present proof relating to the • • 9.41 .095 DENIAL OF APPLICATION APPEAL. - continued » the grounds for denial . In the event that the evidence so presented does not sustain one of the grounds for denial enumerated in RCW 9.41 .090, the legislative authority shall authorize the sale. Any person aggrieved by a determination of the appropriate legislative body not to permit the sale of such weapon is entitled to judicial review by the superior court in the appropriate county. (1969 1st ex.s. c 2271 3.) 9.41 .100 DEALERS TO BE LICENSED. No retail dealer shall sell • or otherwise transfer, or expose for sale or transfer, or have in his posses- sion with intent to sell , or otherwise transfer, any pistol without being licensed as hereinafter provided. • 9.41 .110 DEALERS LICENSES, BY WHOM GRANTED AND CONDITIONS THEREOF. The duly constituted licensing authorities of any city, town, or political subdivision of this state shall grant licenses in forms prescribed by the director of licenses effective for not more than one year from the date of issue. permitting the licensee to sell pistols within this state subject to the following conditions, for breach of any of which the license shall be forfeited and the licensee subject to punishment as provided in RCW 9.41 .010 through 9.41 .160. (1 ) The business shall be carried on only in the building designated in the license. (2) The license or a copy thereof, certified by the issuing authority, shall be displayed on the premises where it can easily be read. • (3) No pistol shall be sold (a) in violation of any provisions of RCW 9.41 .010 through 9.41 .160, nor (b) shall a pistol be sold under any circumstances unless the purchaser is personally known to the seller or shall present clear evidence of his identity. • (4) A true record in triplicate shall be made of every pistol sold, in a book kept for the purpose, the form of which may be prescribed by the director of licenses and shall be personally signed by the purchaser and by the person effecting the sale, each in the presence of the other, and shall contain the date of sale, the caliber, make, model and manufacturer's • • • A 9.41 .110 DEALERS LICENSES, BY WHOM GRANTED AND CONDITIONS THEREOF. - • continued number of the weapon, the name, address, occupation, and place of birth of the purchaser and a statement signed by the purchaser that he has never been convicted in this state or elsewhere of a crime of violence. One copy shall within six hours be sent by registered mail to the chief of police of the municipality or the sheriff of the county of which the dealer is a resident; the duplicate the dealer shall within seven days send to the director of licenses; the triplicate the dealer shall retain for six years. (5) This section shall not apply to sales at wholesale. • (6) The dealer's licenses authorized to be issued by this section are general licenses covering all sales by the licensee within the effective period of the licenses. (7) Except as provided in RCW 9.41 .090 as now or hereinafter amended, r every city, town and political subdivision of this state is prohibited from requiring the purchaser to secure a permit to purchase or from requiring the dealer to secure an individual permit for each sale. The fee paid for issuing said license shall be five dollars which fee shall be paid into the state treasury. (1969 1st ex.s. c 227 § 4. ) 9.41 .120 CERTAIN TRANSFERS FORBIDDEN. No person other than a duly licensed dealer shall make any loan secured by a mortgage, deposit or pledge of a pistol . Any licensed dealer receiving a pistol as a deposit or pledge for a loan shall keep such records and make such reports as are provided by law for pawnbrokers and secondhand dealers in cities of the first class. A. duly licensed dealer may mortgage any pistol or stock of pistols but shall not deposit or pledge the same with any other person. 9.41 .130 FALSE INFORMATION FORBIDDEN. No person shall , in purchasing or otherwise securing delivery of a pistol or in applying for a license to carry the same, give false information or offer false evidence of his identity. 9.41 .140 ALTERATION OF IDENTIFYING MARKS - EXCEPTIONS. No person shall change, alter, remove, or obliterate the name of the maker, • • 0 • 9.41 .140 ALTERATION OF IDENTIFYING MARKS - EXCEPTIONS. - continued model , manufacturer's number, or other mark of identification on any pistol . Possession of any pistol upon which any such mark shall have been changed, altered, removed, or obliterated, shall be prima facie evidence that the possessor has changed, altered, removed, or obliterated the same. This shall not apply to replacement barrels in old revolvers, which barrels are produced by current manufacturers and therefor do not have the markings on the barrels of the original manufacturers who are no longer in business. 9.41 .150 EXEMPTIONS. RCW 9.41 .010 through 9.41 .160 shall not apply to antique pistols and revolvers manufactured prior to 1898 and held as collector's items. r 9.41 .160 GENERAL PENALTIES. Any violation of any provision of RCW 9.41 .010 through 9.41 .150, as amended, other than those violations specified in RCW 9.41 .020 and 9.41 .040, shall be a misdemeanor and punishable accordingly. 9.41 .170 ALIENS LICENSE TO CARRY FIREARMS. It shall be unlaw- ful for any person who is not a citizen of the United States, or who has not declared his intention to become a citizen of the United States, to i carry or have in his possession at any time any shotgun, rifle, or other firearm, without first having obtained a license from the director of motor vehicles, and such license is not to be issued by the director of motor vehicles except upon the certificate of the consul domiciled in the state and representing the country of such alien, that he is a responsible person and upon the payment for the license of the sum of fifteen dollars: Provided, That this section shall not apply to Canadian citizens resident in a province which has an enactment or public policy providing substantially similar privilege to residents of the state of Washington and who are carrying or possessing weapons for the purpose of using them in the hunting of game while such persons are in the act of hunting, or while on a hunting trip, or while such persons are competing in a bona fide trap or skeet shoot to or any other organized contest where rifles, pistols, or shotguns are used • as to weapons used in such contest. Nothing in this section shall be construed 4 9.41 .170 ALIENS LICENSE TO CARRY FIREARMS. - continued • to allow aliens to hunt or fish in this state without first having obtained • a regular hunting or fishing license. Any person violating the provisions of this section shall be guilty of a misdemeanor. (1969 1st ex.s. c 90 § 1 .) 9.41 .180 SETTING SPRING GUN. Every person who shall set a so- i called trap, spring pistol , rifle, or other deadly weapon, shall be punished as follows: (1 ) If no injury results therefrom to any human being, by imprisonment in the county jail for not more than one year or by a fine of not more than 0 one thousand dollars, or by both. (2) If injuries not fatal result therefrom to any human being, by imprisonment in the state penitentiary for not more than twenty years. (3) If the death of a human being results therefrom, by imprisonment in 'the state penitentiary for not more than twenty years. 9.41 .185 COYOTE GETTERS. The use of "coyote getters" or similar spring triggered shell devices shall not constitute a violation of any of the laws of the state of Washington when the use of such "coyote getters" is authorized by the state department of agriculture and/or the state department of game in cooperative programs with the United States Fish and Wildlife Service, for the purpose of controlling or eliminating coyotes harmful to livestock and game animals on range land or forest areas. (1965 c 46 § 1 .) 9.41 .190 MACHINE GUNS PROHIBITED. That it shall. be unlawful for any person to manufacture, own, buy, sell , loan, furnish, transport, or have in possession, or under control , any machine gun, or any part thereof capable of use or assembling or repairing any machine gun: PROVIDED, HOWEVER, _That such limitation shall not apply to any peace officer in the ' discharge of official duty, or to any officer or member of the armed forces of the United States or. the state of Washington. 9.41 .200 _:MACHINE GUN DEFINED. For the purpose of RCW 9.41 .190 . . through 9.41 .220 a machine gun is defined as any firearm or weapon known as 0 • 9.41 .200 MACHINE GUN DEFINED. - continued a machine gun, mechanical rifle, submachine gun, and/or any other weapon, mechanism, or instrument not requiring that the trigger be pressed for each shot and having a reservoir clip, disc, drum, belt, or other separable mechanical device for storing, carrying, or supplying ammunition which can be loaded into such weapon, mechanism, or instrument, and fired therefrom at the rate of five or more shots per second. 9.41 .210 PENALTY. Any person violating any of the provisions of RCW 9.41 .190 through 9.41 .220 shall be guilty of a felony. 9.41 .220 MACHINE GUNS AND PARTS CONTRABAND. All machine guns, or parts thereof, illegally held or possessed are hereby declared to be contraband, and it shall be the duty of all peace officers, and/or any officer or member of the armed forces of the United States or the state of Washington, to seize said machine gun, or parts thereof, wherever and when- ever found. 9.41 .230 AIMING OR DISCHARGING FIREARMS. Every person who shall aim any gun, .pistol , revolver or other firearm, whether loaded or not, at or towards any human being, or who shall wilfully discharge any firearm, air gun or other weapon, or throw any deadly missile in a public place, or in any place where any person might be endangered thereby, although no injury results, shall be guilty of a misdemeanor. 9.41 .240 USE OF FIREARMS BY MINOR. No minor under the age _of fourteen years shall handle or have in his possession or under his control , except while accompanied by or under the immediate charge of his parent or guardian or other adult approved for the purpose of this section by the parent or guardian, or while under the supervision of a certified safety instructor at an established gun range or firearm training class, any firearm of any kind for hunting or target practice or for other purposes. Every person O olating 'any of the foregoing provisions, or,ai.ding or knowingly permitting'any such minor `to violate the same, shall be guilty of . a misdemeanor. (1971 c 34 § l .) 9.41 .250 DANGEROUS WEAPONS - EVIDENCE. Every person who shall • manufacture, sell or dispose of or have in his possession any instrument or weapon of the kind usually known as slung shot, 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 move- ment; who shall furtively carry with intent to conceal any dagger, dirk, pistol , or other dangerous weapon; or who shall use any contrivance or device for suppressing the noise of any firearm, shall be guilty of a gross misde- meanor. 9.41 .260 DANGEROUS EXHIBITIONS. Every proprietor, lessee or occupant of any place of amusement, or any plat of ground or building, who ` shall allow it to be used for the exhibition of skill in throwing any sharp instrument or in shooting any bow gun, pistol or firearm of any description, at or toward any human being, shall be guilty of a misdemeanor. 9.41 .270 WEAPONS APPARENTLY CAPABLE OF PRODUCING BODILY HARM, CARRYING, EXHIBITING, DISPLAYING OR DRAWING UNLAWFUL - PENALTY - EXCEPTIONS. (1) It shall be unlawful for anyone 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. (2) Any person violating the provisions of subsection (1) above shall be guilty of a gross misdemeanor. (3) Subsection (1) of this section shall not apply to or affect the following: (a) Any act committed by a person while in his place of abode or fixed place of business; (b) Any person who by virtue of his 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; • • • 9.41 .270. WEAPONS APPARENTLY CAPABLE OF PRODUCING BODILY HARM, CARRYING, EXHIBITING, DISPLAYING OR DRAWING UNLAWFUL - PENALTY - EXCEPTIONS. - continued (c) Any person acting for the purpose of protecting himself against the use of presently threatened unlawful force by another, or for the pur- pose of protecting another against the use of such unlawful force by a third • person; (d) Any person making or assisting in making a lawful arrest for the commission of a felony; or • (e) Any person engaged in military activities sponsored by the federal or state governments. (1969 c 8 § 1 . ) r • • r • CHAPTER 9.44 RCW • FORGERY • SECTION 9.44.080 MISCONDUCT IN SIGNING A PETITION. STATUTE - 9.44.080 MISCONDUCT IN SIGNING A PETITION. Every person who shall wilfully sign the name of another person or of a fictitious person, or for any consideration, gratuity or reward shall sign his own name to or withdraw his name from any referendum or other petition circulated in • pursuance of any law of this state or any municipal ordinance; or in signing his name to such petition shall wilfully subscribe to any false statement concerning his age, citizenship, residence or other qualifications to sign the same; or knowing that any such petition contains any such false or wrong- ful signature or statement, shall file the same, or put the same off with intent that it should be filed, as a true and genuine petition, shall be guilty of a misdemeanor. • • • CHAPTER 9.45 RCW r FRAUDS AND SWINDLES SECTIONS 9.45.020 SUBSTITUTION OF CHILD. 9.45.040 FRAUDS ON INNKEEPER. 9.45.060 ENCUMBERED, LEASED OR RENTED PERSONAL PROPERTY. 9.45.062 FAILURE TO DELIVER LEASED PERSONAL PROPERTY - REQUISITES FOR PROSECUTION - CONSTRUCTION. 9.45.070 MOCK AUCTIONS. 9.45.080 FRAUDULENT REMOVAL OF PROPERTY. 9.45.090 KNOWINGLY RECEIVING FRAUDULENT CONVEYANCE. 9.45.100 FRAUD IN ASSIGNMENT FOR BENEFIT OF CREDITORS. 9.45.110 FRAUDULENT DESTRUCTION OF INSURED PROPERTY. 9.45.120 USING FALSE WEIGHTS AND MEASURES. 9.45.122 MEASUREMENT OF GOODS, RAW MATERIALS AND AGRICULTURAL PRODUCTS -- DECLARATION OF PUBLIC POLICY. 9.45.124 -------MEASURING INACCURATELY -- ALTERING MEASURING DEVICES -- PENALTY. 9.45.126 -------INDUCING VIOLATIONS -- PENALTY. 9.45.130 CORPORATION DOING BUSINESS WITHOUT LICENSE. 9.45.140 INSOLVENT BANK RECEIVING DEPOSIT. 9.45.150 CONCEALING FOREIGN MATTER IPJ MERCHANDISE. 9.45.160 FRAUD IN LIQUOR WAREHOUSE RECEIPTS. 9.45.170 PENALTY. 9.45.180 FRAUD IN OPERATING COIN-BOX TELEPHONE OR OTHER RECEPTACLE. 9.45.190 PENALTY FOR MANUFACTURE OR SALE OF SLUGS TO BE USED FOR COIN. 9.45.210 ALTERING SAMPLE OR CERTIFICATE OF ASSAY. 9.45.220 MAKING FALSE SAMPLE OR ASSAY OF ORE. 9.45.230 PENALTY. 9.45.240 FRAUD IN OBTAINING TELEPHONE OR TELEGRAPH SERVICE. 9.45.250 FRAUD IN OBTAINING CABLE TELEVISION SERVICES. STATUTES • 9.45.020 SUBSTITUTION OF CHILD. Every person to whom a child has been confided for nursing, education or any other purpose, who, with intent • to deceive a person, guardian or relative of such child, shall substitute or produce to such parent, guardian or relative, another child or person in the place of the child so confided, shall be punished by imprisonment • in the state penitentiary for not more than ten years. 9.45.040 FRAUDS ON INNKEEPER. Every person who shall obtain any food, lodging or accommodation at any hotel , restaurant, boarding house • or lodging house without paying therefor, with intent to defraud the pro- prietor or manager thereof, or who shall obtain credit at a hotel , restau- rant, boarding house or lodging house by color or aid of any false pretense, representation, token or writing, or who after obtaining board, lodging or accommodation at a hotel , restaurant, boarding house or lodging house, shall abscond or surreptitiously remove his baggage therefrom without paying for such food, lodging or accommodation, shall be guilty of a misde- meanor. 9.45.060 ENCUMBERED, LEASED OR RENTED PERSONAL PROPERTY -- CONSTRUCTION. Every person being in possession thereof, who shall sell , remove, conceal , convert to his own use, or destroy or con- nive at or consent to the sale, removal , conversion, concealment or destruc- tion of any personal property or any part thereof, upon which a security agreement, mortgage, lien, conditional sales contract, rental agreement, or lease exists, with intent to hinder, delay, or defraud the secured party • of such security agreement, or the holder of such mortgage, lien, or condi- tional sales contract or the lessor under such lease or rentor of (under) such rental agreement, or any assignee of such security agreement, mortgage or lease shall be guilty of a gross misdemeanor. In any prosecution under this section any allegation containing a descrip- tion of the security agreement, mortgage, lien, conditional sales contract, rental agreement, or lease by reference to the date thereof and names of the parties thereto, shall be sufficiently definite and certain. The provisions of this section shall be cumulative and nonexclusive • and shall not affect any other criminal provision. (1971 c 61 § 1 . ) • 9.45.062 FAILURE TO DELIVER LEASED PERSONAL PROPERTY -- REQUISITES FOR PROSECUTION -- CONSTRUCTION. Every person being in possession thereof who shall wilfully and without reasonable cause fail to deliver leased personal property to the lessor within ten days 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 ten days. + 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. As used in this section, the term "lease" shall also include rental agreements. The provisions of this section shall be cumulative and nonexclusive and shall not affect any other criminal provision. (1971 c 61 § 2. ) • 9.45.070 MOCK AUCTIONS. Every person who shall obtain any money or property from another or shall obtain the signature of another to any writing the false making of which would be forgery, by color or aid of any false or fraudulent sale of property or pretended sale of property by auction, or by any of the practices known as mock auction, shall be punished by imprisonment in the state penitentiary for not more than five years or in the county jail for not more than one year. , or by fine of not more than one thousand dollars, or by both fine and imprisonment. Every person who shall buy or sell or pretend to buy or sell any goods, wares or merchandise, exposed to sale by auction, if an actual sale, pur- chase and change of ownership therein does not thereupon take place, shall be guilty of a misdemeanor. Auctioneering without license: RCW 36.71 .070. • Auctioneers: Chapter 18.11 . . Auctions of jewelry or applicance: Chapter 18.12. 9.45.080 FRAUDULENT REMOVAL OF PROPERTY. Every person who, with intent to defraud a prior or subsequent purchaser thereof, or prevent any of his property being made liable for the payment of any of his debts, or levied upon by an execution or warrant of attachment, shall remove any of his property, or secrete, assign, convey or otherwise dispose of the same, or with intent to defraud a creditor shall remove, secrete, assign, convey or otherwise dispose of any of his books or accounts, vouchers or writings in any way relating to his business affairs, or destroy, obliterate, alter or erase any of such books of account, accounts, vouchers or writing or any entry, memorandum or minute therein contained, shall be guilty of a gross misdemeanor. 9.45.090 KNOWINGLY RECEIVING FRAUDULENT CONVEYANCE. Every person who shall receive any property or conveyance thereof from another, knowing that the same is transferred or delivered to him in violation of, or with the intent to violate RCW 9.45.080, shall be guilty of a misdemeanor. 9.45.100 FRAUD IN ASSIGNMENT FOR BENEFIT OF CREDITORS. Every person who, having made, or being about to make, a general assignment of his property to pay his debts, shall by color or aid of any false or fraudu- lent representation, pretense, token or writing induce any creditor to participate in the benefits of such assignments, or to give any release or discharge of his claim or any part thereof, or shall connive at the payment in whole or in part of any false, fraudulent or fictitious claim, shall be guilty of a gross misdemeanor. • Banks and trust companies, preferential transfers: RCW 30.44.110. Mutual savings banks, transfer of assets due to insolvency: RCW 32.24.080. 9.45.110 FRAUDULENT DESTRUCTION OF INSURED PROPERTY. Now codi- fied as RCW 9.91 .090. 9.45.120 USING FALSE WEIGHTS AND MEASURES. Every person who shall injure or defraud another by using, with knowledge that the same is false, a false weight, measure or other apparatus for determining the quantity of any commodity or article of merchandise or by knowingly mis- representing the quantity thereof bought or sold; or who shall retain in his possession any weight or measure, knowing it to be false, unless it appears beyond a reasonable doubt that it was so retained without intent to a use it or permit it to be used in violation of the foregoing provisions of this section, shall be guilty of a gross misdemeanor. Weighing commodities in highway transport, weighmasters: Chapter 15.80. Weights and measures: Chapter 19.92. 9.45.122 MEASUREMENT OF GOODS, RAW MATERIALS AND AGRICULTURAL PRODUCTS -- DECLARATION OF PUBLIC POLICY. Because of the widespread importance to the marketing of goods, raw materials and agricultural products such as , but not limited to, grains, timber, logs, • wood chips, scrap metal , oil , gas, petroleum products, coal , fish and other commodities, that qualitative and quantitative measurements of such goods, materials and products be accurately and honestly made, it is declared to be the public policy of this state that certain conduct with respect to said measurement be declared unlawful . 9.45.124 -------MEASURING INACCURATELY - ALTERING MEASURING DEVICES - PENALTY. Every person, corporation, or 4 association whether profit or nonprofit, who shall ask or receive, or con- spire to ask or receive, directly or indirectly, any compensation, gratuity, or reward or any promise thereof, on any agreement or understanding that he shall (1 ) intentionally make an inaccurate visual or mechanical measurement or an intentionally inaccurate recording of any visual or mechanical measure- ment of goods, raw materials, and agricultural products (whether severed or • 9.45.124 --------MEASURING INACCURATELY - ALTERING MEASURING • DEVICES - PENALTY. - continued unsevered from the land) which he has or will have the duty to measure, or shall (2) intentionally change, alter or affect, for the purpose of making an inaccurate measurement, any equipment or other device which is designed to measure, either qualitatively or quantitatively, such goods, raw materials, • and agricultural products, or shall intentionally alter the recordation of such measurements, shall be guilty of a felony, punishable by imprisonment in the state penitentiary for not more than ten years, or by a fine of not more than five thousand dollars, or both. • 9.45.126 ------INDUCING VIOLATIONS - PENALTY. Every person who shall give, offer or promise, or conspire to give, offer or promise, directly or indirectly, any compensation, gratuity or reward to any person, corporation, • independent contractor, or agent, employee or servant thereof with intent to violate RCW 9.45.124, shall be guilty of a felony, punishable by imprison- ment in the state penitentiary for not more than ten years, or by a fine of not more than five thousand dollars, or both. 0 9.45.130 CORPORATION DOING BUSINESS WITHOUT LICENSE. Now codi- fied as RCW 9.24.040. 9.45.140 INSOLVENT BANK RECEIVING DEPOSIT. Now codified as • RCW 9.24.030. 9.45.150 CONCEALING FOREIGN MATTER IN MERCHANDISE. Every person 0 who, with intent to defraud, shall place or conceal any foreign substance in any barrel , bag, bale, box or other package containing any article of merchandise, shall be guilty of a gross misdemeanor. • 9.45.160 FRAUD IN LIQUOR WAREHOUSE RECEIPTS. It shall be unlaw- ful for any person, firm, association or corporation to make, utter, circu- late, sell or offer for sale any certificate of any warehouse, distillery or depository mentioned in such certificate fully paid for, so that the • owners and holder of such certificate will be entitled to obtain such • • 9.45.160 FRAUD IN LIQUOR WAREHOUSE RECEIPTS. - continued ♦ intoxicating liquors without the payment of any additional sum except the tax of the government and the tax of the state, county and city in which such warehouse, distillery or depository may be located, and any storage charges. • Warehouse receipts: RCW 22.04.510 - 22.04.560. 9.45.170 PENALTY. Any person violating any of the provisions ♦ of RCW 9.45.160, shall , upon conviction thereof, be punished by imprison- ment in the penitentiary for not more than five years nor less than one year, or imprisonment in the county jail for any length of time not exceeding one year. 9.45.180 FRAUD IN OPERATING COIN-BOX TELEPHONE OR OTHER RECEPTACLE. Any person who shall knowingly and wilfully operate, or cause to be operated, or who shall attempt to operate, or attempt to cause to be operated, (any) lee coin-box telephone or other receptacle designed to receive lawful coin of the United States of America in connection with the sale, use or enjoyment of property or service, by means of a slug or any false, counterfeited, mutilated, sweated or foreign coin, or by any means, method, trick or device • whatsoever not lawfully authorized by the owner, lessee, or licensee of such machine, coin-box telephone or other receptacle designed to receive lawful coin of the United States of America in connection with the sale, use or enjoyment of property or service, any goods, wares, merchandise, gas, • electric current, article of value, or the use or enjoyment of any telephone or telegraph facilities or service without depositing in and surrendering to such machine, coin-box telephone or receptacle lawful coin of the United States of America to the amount required therefor by the owner, lessee or. 0 -licensee of such machine, coin-box telephone or receptacle, shall be guilty of a misdemeanor. 9.45.190 PENALTY FOR MANUFACTURE OR SALE OF SLUGS TO BE USED • FOR COIN. Any person who, with intent to cheat or adefraud the owner, lessee, licensee or other person entitled to the contents • 9.45.190 PENALTY FOR MANUFACTURE OR SALE OF SLUGS TO BE USED • FOR COIN. - continued • of any coin-box telephone or other receptacle, depository or contrivance, designed to receive lawful coin of the United States of America in connection with the sale, use or enjoyment of property or service, or who, knowing or having cause to believe, that the same is intended for unlawful use, shall • manufacture for sale, or sell or give away any slug, device, or substance whatsoever intended or calculated to be placed or deposited in any coin-box telephone or other such receptacle, depository or contrivance, shall be guilty of a misdemeanor. • 9.45.210 ALTERING SAMPLE OR CERTIFICATE OF ASSAY. Any person who shall interfere with or in any manner change samples of ores or bullion produced for sampling, or change or alter samples or packages of ores or • bullion which have been purchased for assaying, or who shall change or alter any certificate of sampling or assaying, with intent to cheat, wrong or defraud, shall be deemed guilty of a felony. 9.45.220 MAKING FALSE SAMPLE OR ASSAY OF ORE. Any person who shall , with intent to cheat, wrong or defraud, make or publish a false sample of ore or bullion, or who shall make or publish or cause to be published a false assay of ore or bullion, shall be deemed guilty of a • felony. 9.45.230 PENALTY. Any person violating any of the provisions of RCW 9.45.200 through 9.45.220 shall be deemed guilty of a felony, and • upon conviction thereof shall be fined in any sum not less than fifty nor more than one thousand dollars, or by imprisonment in the penitentiary for not less than one year nor more than five years, or by both such fine and imprisonment. 9.45.240 FRAUD IN OBTAINING TELEPHONE OR TELEGRAPH SERVICE - PENALTY. Every person who, with intent to evade the provisons of any order of the Washington public service commission or of • any tariff, rule or regulation lawfully filed with said commission by any • • 9.45.240 FRAUD IN OBTAINING TELEPHONE OR TELEGRAPH SERVICE - • PENALTY. - continued telephone or telegraph company, or with intent to defraud, obtains telephone or telegraph service from any telephone or telegraph company through the use of a false or fictitious name or telephone number or the unauthorized use of the name or telephone number of another, or through any other trick, deceit or fraudulent device, shall be guilty of a misdemeanor: Provided, however, That if the value of the telephone or telegraph service which any person obtains in violation of this section during a period of ninety days exceeds seventy-five dollars in the aggregate, then such person shall be' guilty of a gross misdemeanor. 9.45.250 FRAUD IN OBTAINING CABLE TELEVISION SERVICES. Any person who intentionally and knowingly obtains broadcast signals from a cable antenna television system by making any connection by wire to the cable excepting from the wall outlet to the set, and who makes the connection without the consent of the operator of the system and in order to .avoid payment to the operator shall be guilty of a misdemeanor. (1973 1st ex.s. c 94 § 1 .) • • 1 • i • CHAPTER 9.47A RCW • GLUE SNIFFING • SECTIONS 9.47A.010 GLUE SNIFFING - DEFINITION. 9.47A.020 -------UNLAWFUL INHALATION - EXCEPTION. • 9.47A.030 -------POSSESSION OF CERTAIN GLUE PROHIBITED, WHEN. 9.47A.040 -------SALE OF CERTAIN GLUE PROHIBITED, WHEN. 9.47A.050 -------PENALTY. STATUTES 9.47A.010 GLUE SNIFFING - DEFINITION. As used in this chapter, the phrase "Glue containing a solvent having the property of releasing toxic vapors or fumes" 'shall mean and include any glue, cement, or other adhesive containing one or more of the following chemical compounds: • (1) Acetone; (2) Amylacetate; (3) Benzol or benzene; (4) Butyl acetate; 0 (5) Butyl alcohol ; (6) Carbon tetrachloride; (7) Chloroform; (8) Cyclohexanone; • (9) Ethanol or ethyl alcohol ; (10) Ethyl acetate; (11) Hexane; (12) Isopropanol or isopropyl alcohol ; • (13) Isopropyl acetate; (14) Methyl "cellosolve" acetate; (15) Methyl ethyl ketone; (16) Methyl isobutyl ketone; • (17) Toluol or toluene; (18) Trichloroethylene; (19) Tricresyl phosphate; (20) Xylol or Xylene; or • • • • 9.47A.010 GLUE SNIFFING - DEFINITION. - continued (21 ) Any other solvent, material substance, chemical or combination thereof, having the property of releasing toxic vapors. (1969 1st ex.s. c 149 § 1 . ) 9.47A.020 -------UNLAWFUL INHALATION - EXCEPTION. It shall be unlawful for any person to intentionally smell or inhale the fumes of any type of glue as defined in RCW 9.47A.010 or to induce any other person to do so, for the purpose of causing a condition of, or inducing symptoms of intoxication, elation, euphoria, dizziness, excitement, irrational behavior, exhilaration, paralysis, stupefacation or dulling of the senses of the nervous system, or for the purpose of, in any manner, changing, distorting or disturbing the audio, visual or mental processes: Provided, however, That this section shall not apply to the inhalation of any anes- thesia for medical or dental purposes. (1969 lst ex.s. c 149 § 2.) 9.47A.030 -------POSSESSION OF CERTAIN GLUE PROHIBITED, WHEN. 00 No person shall , for the purpose of violating RCW 9.47A.020, use, or possess for the purpose of so using, any glue containing a solvent having the property of releasing toxic vapors or fumes. (1969 lst ex.s. c 149 § 3. ) 9.47A.040 -------SALE OF CERTAIN GLUE PROHIBITED, WHEN. No person shall sell , offer to sell , deliver, or give to any other person under eighteen years of age any tube or other container of glue containing a sol- vent having the property of releasing toxic vapors or fumes, if he has know- ledge that the product sold, offered for sale, delivered or given will be used for the purpose set forth in RCW 9.47A.020. (1969 lst ex.s. c 149 § 4.) 9.47A.050 -------PENALTY. Any person who violates this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than one hundred dollars or by imprisonment for not more than thirty days, or by both. (1969 lst ex.s. c 149 § 5.) • • • CHAPTER 9.51 • •JURIES, CRIMES RELATING TO • SECTIONS 9.51 .010 MISCONDUCT OF OFFICER DRAWING JURY. 9.51 .020 SOLICITING JURY DUTY. • 9.51 .030 MISCONDUCT OF OFFICER IN CHARGE OF JURY. 9.51 .040 GRAND JUROR ACTING AFTER CHALLENGE ALLOWED. 9.51 .050 DISCLOSING TRANSACTION OF GRAND JURY. 9.51 .060 DISCLOSURE OF DEPOSITION RETURNED BY GRAND JURY. STATUTES Grand juries: Chapter 10.28. Juries: Chapter 2.36. Juror asking or receiving bribe: RCW 9.18.030. • Trial : Chapter 4.44. Trial , justice courts: Chapter 12.12. Trial juries in criminal cases: Chapter 10.49. 9.51 .010 MISCONDUCT OF OFFICER DRAWING JURY. Every person charged by law with the preparation of any jury list or list of names from which any jury is to be drawn, and every person authorized by law to assist at the drawing of a grand or petit jury to attend a court or term of court or to try any cause • or issue, who shall - (1 ) Place in any such list any name at the request or solicitation, direct or indirect, of any person; or (2) Designedly put upon the list of jurors, as having been drawn, any name • which was not lawfully drawn for that purpose; or (3) Designedly omit to place upon such list any name which was lawfully drawn; or (4) Designedly sign or certify a list of such jurors as having been • drawn which were not lawfully drawn; or (5) Designedly and wrongfully withdraw from the box or other receptacle for the ballots containing the names of such jurors any paper or ballot lawfully • • • • 9.51 .010 MISCONDUCT OF OFFICER DRAWING JURY. continued ♦ placed or belonging there and containing the name of a juror, or omit to place therein any name lawfully drawn or designated, or place therein a paper or ballot containing the name of a person not lawfully drawn and designated as a juror; or (6) In drawing or impanelling such jury, do any act which is unfair, partial or improper in any respect; Shall be guilty of a gross misdemeanor. 9.51 .020 SOLICITING JURY DUTY. Every person who shall , directly or indirectly, solicit or request any person charged with the duty of preparing any jury list to put his name, or the name of any other person, on any such list, shall be guilty of a gross misdemeanor. r 9.51 .030 MISCONDUCT OF OFFICER IN CHARGE OF JURY. Every person to whose charge a jury shall be committed by a court or magistrate, who shall be committed by a court or magistrate, who shall knowingly, without leave of such court or magistrate, permit them or any one of them to receive any communication from any person, to make any communication to any person, to obtain or receive any book, paper or refreshment, or to leave the jury room, shall be guilty of a gross misdemeanor. • 9.51 .040 GRAND JUROR ACTING AFTER CHALLENGE ALLOWED. Every grand juror who, with knowledge that a challenge 'interposed against him by a defendant has been allowed, shall be present at, or take part, or attempt to • take part, in the consideration of the charge against the defendant who interposed such challenge, or the deliberations of the grand jury thereon, shall be guilty of a misdemeanor. ! 9.51.050 DISCLOSING TRANSACTION OF GRAND JURY. Every judge, grand juror, prosecuting attorney, clerk, stenographer or other officer who, except in the due discharge of his official duty, shall disclose the fact that a presentment has been made or indictment found or ordered against any person, i • • • 9.51 .050 DISCLOSING TRANSACTION OF GRAND JURY. continued • before such person shall be in custody; and every grand juror, clerk or • stenographer who, except when lawfully required by a court or officer, shall disclose any evidence adduced before the grand jury, or any proceeding, discussion or vote of the grand jury or any member thereof, shall be guilty of a misdemeanor. 9.51 .060 DISCLOSURE OF DEPOSITION RETURNED BY GRAND JURY. Every clerk of any court or other officer who shall wilfully permit any deposition, or the transcript of any testimony, returned by a grand jury and filed with such clerk or officer, to be inspected by any person except the court, the deputies or assistants of such clerk, and the prosecuting attorney and his deputies, until after the arrest of the defendant, shall be guilty of a misdemeanor. (1909 c 249 § 127; RRS § 2379.) • • • • • CHAPTER 9.54 • LARCENY SECTIONS 9.54.130 RESTORATION OF STOLEN PROPERTY - DUTY OF OFFICERS. STATUTES 9.54.130 RESTORATION OF STOLEN PROPERTY - DUTY OF OFFICERS. The officer arresting any person charged as principal or accessory in any robbery or larceny shall use reasonable diligence to secure the property alleged to have been stolen, and after seizure shall be answerable therefore while it remains in his hands, and shall annex a schedule thereof to his return of the warrant. Whenever the prosecuting attorney shall require such property for use as evidence upon the examination or trial , such officer, upon his demand, shall deliver it to him and take his receipt therefore, after which such prosecuting attorney shall be answerable for the same. t a a • s CHAPTER 9.55 • LEGISLATURE, CRIMES RELATING TO SECTIONS 9.55.020 WITNESS REFUSING TO ATTEND LEGISLATURE OF COMMITTEE OR TO TESTIFY. • STATUTES 9.55.020 WITNESS REFUSING TO ATTEND LEGISLATURE OR COMMITTEE OR TO TESTIFY. Every person duly summoned to attend as a witness before either house of the legislature of this state, or any committee thereof authorized to summon • witnesses, who shall refuse or neglect, without lawful excuse, to attend pursuant to such summons, or who shall wilfully refuse to be sworn or to affirm or to answer any material or proper question or to produce, upon reasonable notice, any material or proper books, papers or documents in his possession or under his control , shall be guilty of a gross misdemeanor. • • • • • • i • CHAPTER 9.58 LIBEL AND SLANDER SECTIONS 9.58.010 LIBEL, WHAT CONSTITUTES. 9.58.020 HOW JUSTIFIED OR EXCUSED - MALICE, WHEN PRESUMED. 9.58.030 PUBLICATION DEFINED. 9.58.040 LIABILITY OF EDITORS AND OTHERS. 9.58.050 REPORT OF PROCEEDINGS PRIVILEGED. 9.58.060 VENUE PUNISHMENT RESTRICTED. • 9.58.070 PRIVILEGED COMMUNICATIONS. 9.58.080 FURNISHING LIBELOUS INFORMATION. 9.58.090 THREATENING TO PUBLISH LIBEL. 9.58.100 SLANDER OF FINANCIAL INSTITUTION. i 9.58.110 SLANDER OF WOMAN. 9.58.120 TESTIMONY NECESSARY TO CONVICT. STATUTES 00 Abuse of school teacher: RCW 28.87.010. Blacklisting: RCW 49.44.010. Judge or justice using unfit language: RCW 42.20.110. Sufficiency of indictment or information for libel : RCW 10.37.120. 9.58.010 LIBEL, WHAT CONSTITUTES. Every malicious publication by writing, printing, picture, effigy, sign (,) radio broadcasting or which shall in any other manner transmit the human voice or reproduce the same from records or other appliances or means, which shall tend: - (1 ) To expose any living person to hatred, contempt, ridicule or obloquy, or to deprive him of the benefit of public confidence or social intercourse; or i (2) To expose the memory of one deceased to hatred, contempt, ridicule or obloquy; or (3) To injure any person, corporation or association of persons in his or their business or occupation, shall be libel . Every person who publishes a libel shall be guilty of a gross misdemeanor. • s • 9.58.020 HOW JUSTIFIED OR EXCUSED - MALICE, WHEN PRESUMED. Every • publication having the tendency or effect mentioned in RCW 9.58.010 shall be deemed malicious unless justified or excused. Such publication is justified whenever the matter charged as libelous charges the commission of a crime, is a true and fair statement, and was published with good motives and for justifiable ends. It is excused when honestly made in belief of its truth and fairness and upon reasonable grounds for such belief, and consists of • fair comments upon the conduct of any person in respect of public affairs, made after a fair and impartial investigation. 9.58.030 PUBLICATION DEFINED. Any method by which matter charged as libelous may be communicated to another shall be deemed a publication thereof. • 9.58.040 LIABILITY OF EDITORS AND OTHERS. Every editor or proprietor of a book, newspaper or serial , and every manager of a copartnership or corporation by which any book, newspaper or serial is issued, is chargeable with the publication of any matter contained in any such book, newspaper or serial , and every owner, operator, proprietor or person exercising control over any broadcasting station or reproducting (reproducing) record of human voice or who broadcasts over the radio or reproduces the human voice or aids or abets either directly or indirectly in such broadcast or reproduction shall be • chargeable with the publication of any matter so disseminated: PROVIDED, That in any prosecution or action for libel it shall be an absolute defense if the defendant shows that the matter complained of was published without his knowledge or fault and against his wishes by another who had no authority from • him to make such publication and was promptly retracted by the defendant with an equal degree of publicity upon written request of the complainant. Radio and television broadcasting: Chapter 19.64 9.58.050 REPORT OF PROCEEDINGS PRIVILEGED. No prosecution for libel shall be maintained against a reporter, editor, proprietor, or publisher of a newspaper for the publication therein of a fair and true report of any • • • • 9.58.050 REPORT OF PROCEEDINGS PRIVILEGED. continued judicial , legislative or other public and official proceeding, or of any statement, speech, argument or debate in the course of the same, without proving actual malice in making the report. The editor or proprietor of a book, newspaper or serial shall be proceeded against in the county where such book, newspaper or serial is published. 9.58.060 VENUE PUNISHMENT RESTRICTED. Every other person publishing a libel in this state may be proceeded against in any county where such a libelous matter was published or circulated, but a person shall not be proceeded against for the publication of the same libel against the same person -in more than one county. 9.58.070 PRIVILEGED COMMUNICATIONS. Every communication made to a person entitled to or concerned in such communication, by one also concerned in or entitled to make it, or who stood in such relation to the former as to offer a reasonable ground for supposing his motive to be innocent, shall be presumed not to be malicious, and shall be termed a privileged communication. 9.58.080 FURNISHING LIBELOUS INFORMATION. Every person who shall wilfully state, deliver or transmit by any means whatever, to any manager, a editor, publisher, reporter, or other employee of a publisher of any newspaper, magazine, publication, periodical or serial , any statement concerning any person or corporation, which, if published therein would be a libel , shall be guilty of a misdemeanor. • _9.58.090 THREATENING TO PUBLISH LIBEL. Every person who shall threaten another with the publication of a libel concerning the latter, or his spouse, parent, child, or other member of his family, and every person who offers to prevent the publication of a libel upon another person upon condition of the payment of, or with intent to extort money or other valuable consideration from any person, shall be guilty of a gross misdemeanor. i • 9.58.100 SLANDER OF FINANCIAL INSTITUTION. Any person who shall , instigate, make, circulate or transmit to another any false statement concerning r the moral or financial condition of, or affecting the solvency of, any bank, mutual savings bank, national banking association, building and loan association, savings and loan association, savings and loan society, industrial loan company or trust company doing business in this state, or who shall instigate, S make, transmit or circulate any false report, rumor or prediction of the impending or future default, insolvency or closing of any such bank, association, society or trust company, or who shall counsel , advise, aid or induce another to start, transmit or circulate any such statement, report, rumor or prediction 0 shall be guilty of a gross misdemeanor. 9.58.110 SLANDER OF WOMAN. Every person who, in the presence or hearing of any person other than the female slandered, whether she be present or not, shall maliciously speak of or concerning any female of the age of twelve years or upwards, not a common prostitute, any false of defamatory words or language which shall injure or impair the reputation of any such female for virtue or chastity, or which shall expose her to hatred, contempt or ridicule, shall be guilty of a misdemeanor. Every slander herein mentioned shall be deemed to be malicious unless justified, and shall be justified when the language charged as slanderous, false or defamatory is true and fair, and was spoken with good motives and for justifiable ends. • Action for falsely charging sex crimes: RCW 4.24.120. 9.58.120 TESTIMONY NECESSARY TO CONVICT. No conviction shall be had • under RCW 9.58.110, upon the testimony of the woman slandered as to -the speaking of the slander, unsupported by other evidence. • • • CHAPTER 9.61 MALICIOUS MISCHIEF--INJURY TO PROPERTY SECTIONS 9.61 .160 THREATS TO BOMB OR INJURE PROPERTY. 9.61 .170 HOAX NO DEFENSE. 9.61 .180 PENALTY. 9.61 .190 CARRIER OR RACING PIGEONS - INJURY TO. 9.61 .200 REMOVAL OR ALTERATION OF IDENTIFICATION. • 9.61 .210 PENALTY. 9.61 .230 TELEPHONE CALLS TO HARASS, INTIMIDATE, TORMENT OR EMBARRASS. 9.61 .250 OFFENSE, WHERE DEEMED COMMITTED. STATUTES 9.61 .160 THREATS TO BOMB OR INJURE PROPERTY. It shall be unlawful for any person to threaten to bomb or otherwise injure any public or private school building, place of worship or public assembly, or any other building, common carrier, structure or place used for human occupancy; or to communicate or repeat any information concerning such a threatened bombing or injury, knowing such information to be false and with intent to alarm the person or persons to whom the information is communicated or repeated. a 9.61 .170 HQAX NO DEFENSE. It shall not be a defense to any prosecution under RCW 9.61 .160 through 9.61 .180 that the threatened bombing or injury was a hoax. 9.61 .180 PENALTY. Any violation of RCW 9.61 .160 through 9.61 .180 shall be a gross misdemeanor. 9.61 .190 CARRIER OR RACING PIQ EONS - INJURY TO. It shall be ! unlawful for any person, other than the owner thereof or his authorized agent, to knowingly shoot, kill , maim, injure, molest, entrap, or detain any Antwerp Messenger or Racing Pigeon, commonly called "carrier or racing pigeons" , having the name of its owner stamped upon its wing or tail or bearing upon its leg a band or ring with the name or initials of the owner or an identification or registration number stamped thereon. t 9.61 .200 REMOVAL OR ALTERATION OF IDENTIFICATION. It shall be unlawful for any person other than the owner thereof or his authorized agent to remove or alter any stamp, leg band, ring, or other mark of identification attached to any Antwerp Messenger or Racing Pigeon. 9.61 .210 PENALTY. Any person who shall violate any of the provisions • of RCW 9.61 .190 or 9.61 .200 shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed twenty-five dollars for every such offense. • 9.61 .230 TELEPHONE CALLS TO HARASS, INTIMIDATE, TORMENT OR EMBARRASS. Every person who, with intent to harass, intimidate, torment or embarrass any other person, shall make a telephone call to such other person: (1 ) Using any lewd, lascivious, profane, indecent, or obscene words or language, or suggesting the commission of any lewd or lascivious act; or, (2) Anonymously or repeatedly or at an extremely inconvenient hour, whether or not conversation ensues; or, (3) Threatening to inflict injury on the person or property of the person called or any member of his family; or, (4) Without purpose of legitimate communication; shall be guilty of a misdemeanor. (1967 c 16 sec. 1 . ) • 9.61 .240 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. ♦ 9.61 .250 OFFENSE, WHERE DEEMED COMMITTED. Any offense committed by use of a telephone as set forth in RCW 9.61 .230 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. • • CHAPTER 9.62 MALICIOUS PROSECUTION - ABUSE OF PROCESS SECTIONS 9.62.010 MALICIOUS PROSECUTION. • 9.62.020 INSTITUTING SUIT IN NAME OF ANOTHER. STATUTES Mental institutions, contriving unlawful commitment: RCW 71 .12.610. Narcotic farm colony, contriving unlawful commitment: RCW 72.48.100. 9.62.010 MALICIOUS PROSECUTION. Every person who shall , maliciously and without probable cause therefor, cause or attempt to cause another to be arrested or proceeded against for any crime of which he is innocent - (1 ) If such crime be a felony, shall be punished by imprisonment in the state penitentiary for not more than five years; and, (2) If such crime be a gross misdemeanor or misdemeanor, shall be guilty of a misdemeanor. 9.62.020 INSTITUTING SUIT IN NAME OF ANOTHER. Every person who .shall institute or prosecute any action or other proceeding in the name of another, without his consent and contrary to law, shall be guilty of a gross misdemeanor. i • CHAPTER 9.66 • NUISANCE SECTIONS 9.66.010 PUBLIC NUISANCE. 9.66.020 UNEQUAL DAMAGE. S 9.66.030 MAINTAINING OR PERMITTING NUISANCE. 9.66.040 ABATEMENT OF NUISANCE. 9.66.050 DEPOSIT OF UNWHOLESOME SUBSTANCE. 9.66.060 THROWING OR DEPOSITING DEBRIS OR WASTE UPON PUBLIC OR PRIVATE PROPERTY OR WATERS. REPEAL CONDITIONAL, SEE RCW 70.93.910. 9.66.070 -----PENALTY - REMOVAL BY VIOLATOR. (CONDITIONALLY REPEALED, SEE RCW 70.93.910.) STATUTES 9.66.010 PUBLIC NUISANCE. A public nuisance is a crime against the order and economy of the state. Every place (1 ) Wherein any fighting between men or animals or birds shall be conducted; or (2) Wherein any intoxicating liquors are kept for unlawful use, sale or distribution; or, (3) Where vagrants resort; and f Every act unlawfully done and every omission to perform a duty, which . act or omission (1 ) Shall annoy, injure or endanger the safety, health, comfort, or repose of any considerable number of persons; or, (2) Shall offend public decency; or, (3) Shall unlawfully interfere with, befoul , obstruct, or tend to obstruct, or render dangerous for passage, a lake, navigable river, bay, stream, canal or basin, or a public park, square, street, alley or highway; or, (4) Shall in any way render a considerable number of persons insecure in life or the use of property; Shall 'be a public nuisance. (1971 1st ex.s. c 280 § 22. ) • • • 9.66.020 UNEQUAL DAMAGE. An act which affects a considerable number of persons in any of the ways specified in RCW 9.66.010 is not less a public nuisance because the extent of the damage is unequal . 9.66.030 MAINTAINING OR PERMITTING NUISANCE. Every person who shall commit or maintain a public nuisance, for which no special punishment is a prescribed; or who shall wilfully omit or refuse to perform any legal duty relating to the removal of such nuisance; and every person who shall let, or permit to be used, any building or boat or portion thereof, knowing that it is intended to be, or is being used, for committing or maintaining any such nuisance, shall be guilty of a misdemeanor. 9.66.040 ABATEMENT OF NUISANCE. Any court or magistrate before whom there may be pending any proceeding for a violation of RCW 9.66.030, shall , in addition to any fine or other punishment which it may impose for such violation, order such nuisance abated, and all property unlawfully used in the maintenance thereof destroyed by the sheriff at the cost of the defendant: PROVIDED, That if the conviction was had in a justice court, the justice of the peace shall not issue the order and warrant of abatement, but on application therefor, shall transfer the cause to the superior court which shall proceed to try the issue of abatement in the same manner as if the action had been originally commenced therein. Jurisdiction to abate a nuisance: State Constitution Art. 4 sec. 6 Amendment 28). II• 9.66.050 DEPOSIT OF UNWHOLESOME SUBSTANCE. Every person who shall deposit, leave or keep, on or near a highway or route of public travel , on land or water, any unwholesome substance; or who shall establish, maintain or carry on, upon or near a highway or route of public travel , on land or water, any business, trade or manufacture which is noisome or detrimental to the public health; or who shall deposit or cast into any lake, creek or river, wholly or partly in this state, the offal from or the dead body of an animal , shall be guilty of a gross misdemeanor. i • 9.66.060 THROWING OR DEPOSITING DEBRIS OR WASTE UPON PUBLIC OR • PRIVATE PROPERTY OR WATERS. REPEAL CONDITIONAL, SEE RCW 70.93.910. Repealed by 1971 1st ex.s. c 307 § 24. Later enactment, see RCW 70.93.060. 9.66.070 -----PENALTY - REMOVAL BY VIOLATOR. (CONDITIONALLY REPEALED, SEE RCW 70.93.910. ) Any person violating the provisions of RCW 9.66.060 is guilty of a misdemeanor, subject to fine or imprisonment, or both, as in the case of misdemeanors: Provided, That the fine or bail forfeiture for violation of this section shall be not less than one hundred dollars, and, in addition thereto, in the sound discretion of any court in which conviction is obtained, may be directed by the judge to pick up and remove from any public street or highway or public and private property with prior permission of the legal owner upon which it is established by competent evidence that he has deposited litter or .debris or waste, any or all debris and waste deposited thereon by anyone prior to the date of execution of sentence. (1969 1st ex.s. c 281 § 50. ) f • • • • • • CHAPTER 9.68 OBSCENITY SECTIONS 9.68.010 OBSCENE LITERATURE, SHOWS, ETC. 9.68.015 -----EXEMPTIONS. 9.68.020 PROHIBITED PUBLICATIONS. 9.68.030 INDECENT ARTICLES, ETC. 9.68.050 "EROTIC MATERIAL" - DEFINITIONS. 9.68.060 -----DETERMINATION BY COURT - LABELING - PENALTIES. 9.68.070 PROSECUTION FOR VIOLATION OF RCW 9.68.060 - DEFENSE. 9.68.080 UNLAWFUL ACTS. 9.68.090 CIVIL LIABILITY OF WHOLESALER OR WHOLESALER-DISTRIBUTIOR. 9.68.100 EXCEPTIONS TO PROVISIONS OF RCW 9.68.050 THROUGH 9.68.120. 9.68.110 MOTION PICTURE OPERATOR OR PROJECTIONIST EXEMPT, WHEN. STATUTES 9.68.120 PROVISIONS OF RCW 9.68.050 THROUGH 9.68.120 EXCLUSIVE 9.68.010 OBSCENE LITERATURE, SHOWS, ETC. Every person who - (1 ) Having knowledge of the contents ,thereof shall exhibit, sell , distribute, display for sale or distribution, or having knowledge of the contents thereof shall have in his possession with the intent to sell or distribute any book, magazine, pamphlet, comic book, newspaper; writing, photograph, motion picture film, phonograph record, tape or wire recording, picture, drawing, figure, image, or any object or thing which is obscene; or (2) Having knowledge of the contents thereof shall cause to be performed or exhibited, or shall engage in the performance or exhibition of any show, act, play, dance or motion picture which is obscene; Shall be guilty of a gross misdemeanor. The provisions of this section shall not apply to acts done in the scope of his employment by a motion picture operator or projectionist employed by the owner or manager of a theatre or other place for the showing of motion pictures, unless the motion picture operator or projectionist has a financial interest in such theatre or place wherein he is so employed or unless he caused to be performed or exhibited such performance or motion picture without the knowledge and consent of the manager or owner of the theatre or other place of . showing. (1969 c 92 § 1 . ) • 9.68.015 -----EXEMPTIONS. Nothing in this act shall apply to the • circulation of any such material by any recognized historical society or museum, • the state law library, any county law library, the state library, the public library, any library of any college or university, or to any archive or library under the supervision and control of the state, county, municipality, or other political subdivision. Reviser's note: The language "this act" appears in chapter 260, Laws i of 1959, section 1 of which amended RCW 9.68.010. 9.68.020 PROHIBITED PUBLICATIONS. Every person who shall publish, and every proprietor, manager or editor who shall permit to be published, in any book, newspaper, magazine or other printed publication circulated wholly or in part in this state - (1 ) Any detailed account of the commission or attempted commission of the • crime of rape, carnal knowledge, seduction, adultery, sodomy or any other sexual crime, or of the trial of any person charged therewith; or, (2) Any detailed account of the execution of any person convicted of crime; or, (3) Any detailed statement of any evidence of indecent, obscene or immoral acts offered in any trial or proceeding; or, (4) Any interview with, advertisement for, communication from or account of the actions of any public prostitute, except upon a matter concerning public welfare; Shall be guilty of a misdemeanor. s 9.68.030 INDECENT ARTICLES, ETC. Every person who shall expose for sale, loan or distribution, any instrument or article, or any drug or medicine, for • causing unlawful abortion; or shall write, print, distribute or exhibit any card, circular, pamphlet, advertisement or notice of any kind, stating when where, hog► or whom such article or medicine can be obtained, shall be guilty of a misdemeanor. (1971 1st ex.s. c. 185 § 2. ) • i • • 9.68.050 "EROTIC MATERIAL" - DEFINITIONS. For the purposes of RCW 9.68.050 through 9.68.120: (1 ) "Minor" means any person under the age of eighteen years; (2) "Erotic material" means printed material , photographs, pictures, motion pictures, and other material the dominant theme of which taken as a whole appeals to the prurient interest of minors in sex; which is patently offensive because it affronts contemporary community standards relating to the description or represen- tation of sexual matters or sado-masochistic abuse; and is utterly without redeeming social value; (3) "Person" means any individual , corporation, or other organization; (4) "Dealers," "distributors," and "exhibitors" mean persons engaged in the distribution, sale, or exhibition of printed material , photographs, pictures, or motion pictures. (1969 1st ex.s. c 256 § 13. ) i 9.68.060 -----DETERMINATION BY COURT - LABELING - PENALTIES. (1 ) When it appears that material which may be deemed erotic is being sold, distributed, or exhibited in this state, the prosecuting attorney of the county in which the sale, distribution, or exhibition is taking place may apply to the superior court for a hearing to determine the character of the material with respect to whether it is erotic material . (2) Notice of the hearing shall immediately be served upon the dealer, distributor, or exhibitor selling or otherwise distributing or exhibiting the alleged erotic material . The superior court shall hold a hearing not later than five days from the service of notice to determine whether the subject matter is erotic material within the meaning of RCW 9.68.050. (3) If the superior court rules that the subject material is erotic material , then, following such adjudication: (a) If the subject material is written or printed, the court shall issue an order requiring that an "adults only" label be placed on the publication, if such i publication is going to continue to be distributed. Whenever the superior court orders a publication to have an "adults only" label placed thereon, such label shall be impressed on the front cover of all copies of such erotic publication sold or otherwise distributed in the state of Washington. Such labels shall be in forty- eight point bold face type located in a conspicuous place on the front cover of • • 9.68.060 -----DETERMINATION BY COURT - LABELING - PENALTIES. cont. • the publication. All dealers and distributors are hereby prohibited from displaying erotic publications in their store windows, on outside newsstands on public thoroughfares, or in any other manner so as to make them readily accessible to minors. (b) If the subject material is a motion picture, the court shall issue an order requiring that such motion picture shall be labeled "adults only. " The exhibitor shall prominently display a sign saying "adults only" at the place of exhibition, and any advertising of said motion picture shall contain a statement that it is for adults only. Such exhibitor shall also display a sign at the f place where admission tickets are sold stating that it is unlawful for minors to misrepresent their age. (c) Failure to comply with a court order issued under the provisions of this section shall subject the dealer, distributor, or exhibitor to contempt • proceedings. (d) Any person who, after the court determines material to be erotic, sells, distributes, or exhibits the erotic material to a minor shall be guilty of violating RCW 9.68.050 through 9.68.120, such violation to carry the following penalties: (i ) For the first offense a misdemeanor and upon conviction shall =be fined not more than five hundred dollars, or imprisoned in the county jail not more than six months; (ii ) For the second offense a gross misdemeanor and upon conviction shall be fined not more than one thousand dollars, or imprisoned not more than one year; (iii ) For all subsequent offenses a felony and upon conviction shall be fined not more than five thousand dollars, or imprisoned not less than one year. (1969 lst ex.s. c 256 § 14. ) 9:68.070 PROSECUTION FOR VIOLATION OF RCW 9.68.060 - DEFENSE. In any prosecution for violation of RCW 9.68.060, it shall be a defense that: (1 ) If the violation pertains to a motion picture, the minor was accompanied by a parent, parent's spouse, or guardian; or (2) Such minor exhibited to the defendant a draft card, driver's license, birth certificate, or other official or an apparently official document purporting to establish such minor was over the age of eighteen years; or • s • 9.68.070 PROSECUTION FOR VIOLATION OF RCW 9.68.060 - DEFENSE. cont. (3) Such minor was accompanied by a person who represented himself to be a parent, or the spouse of a parent, or a guardian of such minor, and the defendant in good faith relied upon such representation. (1969 lst ex.s. c 256 § 15. ) 9.68.080 UNLAWFUL ACTS. (1 ) It shall be unlawful for any minor to misrepresent his true age or his true status as the child, stepchild or ward of a person accompanying him, for the purpose of purchasing or obtaining access to any material described in RCW 9.68.050. (2) It shall be unlawful for any person accompanying such minor to misrepresent his true status as parent, spouse of a parent or guardian of any minor for the purpose of enabling such minor to purchase or obtain access to material described in RCW 9.68.050. (1969 1st ex.s. c 256 § 16. ) 9.68.090 CIVIL LIABILITY OF WHOLESALER OR WHOLESALER-DISTRIBUTOR. No retailer, wholesaler, or exhibitor is to be deprived of service from a wholesaler or wholesaler-distributor of books, magazines, motion pictures or other materials or subjected to loss of his franchise or right to deal or exhibit as a result of his attempts to comply with this statute. Any publisher, distributor, or other person, or combination of such persons, which withdraws or attempts to withdraw a franchise or other right to sell at retail , wholesale or exhibit materials on account of the retailer's, wholesaler's or exhibitor's attempts to comply with RCW 9.68.050 through 9.68.120 shall incur civil liability to such retailer, wholesaler or exhibitor for threefold the actual damages resulting from such withdrawal or attempted withdrawal . (1969 1st ex.s. c 256 § 17. ) 9.68.100 EXCEPTIONS TO PROVISIONS OF RCW 9.68.050 THROUGH 9.68.120. Nothing in RCW 9.68.050 through 9.68.120 shall apply to the circulation of any such material by any recognized historical society or museum, the state law library, any county law library, the state library, the public library, any library of any college or university, or to any archive or library under the supervision and control of the state, county, municipality, or other political i subdivision. (1969 1st ex.s. c 256 ss 18. ) • 9.68.110 MOTION PICTURE OPERATOR OR PROJECTIONIST EXEMPT, WHEN. The • provisions of RCW 9.68.050 through 9.68.120 shall not apply to acts done in the scope of his employment by a motion picture operator or projectionist employed by the owner or manager of a theatre or other place for the showing of motion pictures, unless the motion picture operator or projectionist has a financial interest in such theatre or place wherein he is so employed or unless he • caused to be performed or exhibited such performance or motion picture without the knowledge and consent of the manager or owner of the theatre or other place of showing. (1969 lst ex.s. c 256 § 19. ) i 9.68.120 PROVISIONS OF RCW 9.68.050 THROUGH 9.68.120 EXCLUSIVE. The provisions of RCW 9.68.050 through 9.68.120 shall be exclusive. (1969 lst ex.s. c 256 § 20. ) • • • • • • CHAPTER 9.69 • OBSTRUCTING JUSTICE SECTION 9.69.100 WITHHOLDING KNOWLEDGE OF FELONY INVOLVING VIOLENCE - PENALTY. � STATUTES 9.69.100 WITHHOLDING KNOWLEDGE OF FELONY INVOLVING VIOLENCE - PENALTY. Whoever, having witnessed the actual commission of a felony involving violence or threat of violence or having witnessed preparations for the commission of a felony involving violence or threat of violence, does not as soon as reasonably possible make known his knowledge of such to the prosecuting attorney, police, or other public officials of the state of Washington having jurisdiction over the matter, shall be guilty of a gross misdemeanor: Provided, That nothing in this act shall be so construed to affect existing privileged relationships as provided by law. (1970 1st ex.s. c 49 § 8. ) • • • • • • w CHAPTER 9.72 RCW • PERJURY SECTIONS 9.72.090 COMMITTAL OF WITNESS - DETENTION OF DOCUMENTS. STATUTES • 9.72.090 COMMITTAL OF WITNESS - DETENTION OF DOCUMENTS. Whenever it shall appear probable to a judge, justice of the peace, magistrate, or other officer lawfully authorized to conduct any hearing, proceeding or investigation, that a person who has testified before him has committed perjury in any testimony • so given, or offered any false evidence, he may, by order or process for that purpose, immediately commit such person to jail or take a recognizance for his appearance to answer such charge. In such case he may detain any book, paper, document, record or other instrument produced before him or direct it to be • delivered to the prosecuting attorney. • • • • • • • • CHAPTER 9.73 • PRIVACY, VIOLATING RIGHT OF SECTIONS 9.73.010 DIVULGING TELEGRAM. • 9.73.020 OPENING SEALED LETTER. 9.73.030 INTERCEPTING, RECORDING OR DIVULGING PRIVATE COMMUNICATION - CONSENT REQUIRED - EXCEPTIONS. 9.73.040 -----COURT ORDER PERMITTING INTERCEPTION - GROUNDS FOR • ISSUANCE - DURATION - RENEWAL. 9.73.050 -----ADMISSIBILITY IN EVIDENCE. 9.73.060 -----CIVIL ACTION FOR VIOLATIONS - LIABILITY FOR DAMAGES. 9.73.070 -----PERSONS AND ACTIVITIES EXCEPTED. • 9.73.080 PENALTY. 9.73.090 POLICE AND FIRE PERSONNEL EXEMPTED FROM RCW 9.73.030'- 9.73.080 .73.030- 9.73.080 - STANDARDS. 9.73.100 RECORDINGS AVAILABLE TO DEFENSE COUNSEL. •� STATUTES 9.73.010 DIVULGING TELEGRAM. Every person who shall wrongfully obtain or attempt to obtain, any knowledge of a telegraphic message, by connivance with the clerk, operator, messenger or other employee of a telegraph company, and • every clerk, operator, messenger or other employee of such company who shall wilfully divulge to any but the person for whom it was intended, any telegraphic message .or dispatch intrusted to him for transmission or delivery, or the nature or contents thereof, or shall wilfully refuse, neglect or delay duly to transmit • or deliver, the same, shall be guilty of a misdemeanor. 9.73.020 OPENING SEALED LETTER. Every person who shall wilfully open or read, or cause to be opened or read, any sealed message, letter or • telegram intended for another person, or publish the whole or any portion of such a message, letter or telegram, knowing it to have been opened or read without authority, shall be guilty of a misdemeanor. • • • • 9.73.030 INTERCEPTING, RECORDING OR DIVULGING PRIVATE COMMUNICATION - CONSENT REQUIRED - EXCEPTIONS. Except as otherwise provided in this chapter, • it shall be unlawful for any individual , partnership, corporation, association, or the state of Washington, its agencies, and political subdivisions to intercept, record or divulge any: (1 ) Private communication transmitted by telephone, telegraph, radio, or • other device between two or more individuals between points within or without the state by any device electronic or otherwise designed to record and/or transmit said communication regardless how such device is powered or actuated, without first obtaining the consent of all the participants in the communication; • (2) Private conversation, by any device electronic or otherwise designed to record or transmit such conversation regardless how the device is powered or actuated without first obtaining the consent of all the persons engaged in the conversation. • An employee of any regularly published newspaper, magazine, wire service, radio station or television station acting in the course of bona fide news gathering duties on a full time or contractual or part time basis, shall be deemed to have consent to record and divulge communications otherwise 0• prohibited by this chapter if the consent is expressly given or if the recording or transmitting device is readily apparent or obvious to the speakers. With- drawal of the consent after the communication has been made shall not prohibit any such employee of a newspaper, magazine, wire service, radio or television • station from divulging the communication. 9.73.040 -----COURT ORDER PERMITTING INTERCEPTION - GROUNDS FOR ISSUANCE - DURATION - RENEWAL. (1 ) An ex parte order for the interception of • any communication or conversation listed in RCW 9.73.030 may be issued by any superior court judge in the state upon verified application of either the state attorney general or any county prosecuting attorney setting forth fully facts and circumstances upon which the application is based and stating that: • (a) There are reasonable grounds to believe that national security is endangered, that a human life is in danger, that arson is about to be committed, or that a riot is about to be committed, and • • • • • 9.73.040 -----COURT ORDER PERMITTING INTERCEPTION - GROUNDS FOR • ISSUANCE - DURATION - RENEWAL. continued (b) There are reasonable grounds ,to believe that evidence will be obtained essential to the protection of national security, the preservation of human life, or the prevention of arson or a riot, and • (c) There are no other means readily available for obtaining such information. (2) Where statements are solely upon the information and belief of the applicant, the grounds for the belief must be given. (3) The applicant must state whether any prior application has been made • to obtain such communications on the same instrument or for the same person and if such prior application exists the applicant shall disclose the current status thereof. (4) The application and any order issued under RCW 9.73.030 through • 9.73.080 shall identify as fully as possible the particular equipment, lines or location from which the information is to be obtained and the purpose thereof. (5) The court may examine upon oath or affirmation the applicant and any witness the applicant desires to produce or the court requires to be produced. •� (6) Orders issued under this section shall be effective for fifteen days, after which period the court which issued the order may upon application of the officer who secured the original order renew or continue the order for an additional period not to exceed fifteen days. • (7) No order issued under this section shall authorize or purport to authorize any activity which would violate any laws of the United States. 9.73.050 -----ADMISSIBILITY IN EVIDENCE. Any information obtained in • violation of RCW 9.73.030 or pursuant to any order issued under the provisions of RCW 9.73.040 shall be inadmissible in any civil or criminal case in all courts of general or limited jurisdiction in this state, except with the permission of the person whose rights have been violated in an action brought • for damages under the provisions of RCW 9.73.030 through 9.73.080, or in a criminal action in which the defendant is charged with a crime, the commission of which would jeopardize national security. • • • 0 9.73.060 ------CIVIL ACTION FOR VIOLATIONS - LIABILITY FOR DAMAGES. • Any person who, directly or by means of a detective agency or any other agent, violates the provisions of RCW 9.73.030 shall be subject to legal action for damages, to be brought by any other person claiming that a violation of this statute has injured his business, his person, or his reputation. A person so injured shall be entitled, in addition to other injuries, to recover for mental 0 pain and suffering endured by him on account of violation of the provisions of RCW 9.73.030. 9.73.070 -----PERSONS AND ACTIVITIES EXCEPTED. The provisions of 0 this chapter shall not apply to any activity in connection with services provided by a common carrier pursuant to its tariffs on file with the Washington utilities and transportation commission or the Federal Communication Commission and any activity of any officer, agent or employee of a common carrier who 0 performs any act otherwise prohibited by this law in the construction, maintenance, repair and operations of the common carrier's communications services, facilities or equipment. Common carrier as used in this section means any person engaged as a common carrier or public service company for hire in •0 intrastate, interstate or ,foreign communication by wire or radio or in intrastate, interstate or foreign radio transmission of energy. 9.73.080 -----PENALTY. Any person who shall violate RCW 9.73.030 9 shall be guilty of a gross misdemeanor. 9.73.090 POLICE AND FIRE PERSONNEL EXEMPTED FROM RCW 9.73.030 - 9.73.080 --STANDARDS. The provisions of RCW 9.73.030 through 9.73.080 shall • not apply to. police and fire personnel in the following instances: (1 ) Recording incoming telephone calls to police and fire stations for the purpose and only for the purpose of verifying the accuracy of reception of emergency calls. • (2) Video and/or sound recordings may be made of arrested persons by police officers responsible for making arrests or holding persons in custody before their first appearance in court. Such video and/or sound recordings shall conform strictly to the following: • • • • 9.73.090 POLICE AND FIRE PERSONNEL EXEMPTED FROM RCW 9.73.030 - • 9.73.080 - STANDARDS. continued (a) the arrested person shall be informed that such recording is being made and the statement so informing him shall be included in the recording, (b) the recording shall commence with an indication of the time of the • beginning thereof and terminate with an indication of the time thereof, (c) at the commencement of the recording the arrested person shall be fully informed of his constitutional rights, and such statements informing hin shall be included in the recording, • (d) the recordings shall only be used for valid police or court activities. (1970 1st ex.s. c 48 § 1 .) 9.73.100 RECORDINGS AVAILABLE TO DEFENSE COUNSEL. Video and/or • sound recordings obtained by police personnel under the authority of RCW 9.73.090 and 9.73.100 shall be made available for hearing and/or viewing by defense counsel at the request of defense counsel whenever a criminal has been filed against the subject of the video and/or sound recordings. (1970 1st ex.s. c 48 § 2. ) • • • • • CHAPTER 9.81 SUBVERSIVE ACTIVITIES • SECTIONS 9.81 .010 DEFINITIONS. 9.81 .020 SUBVERSIVE ACTIVITIES MADE FELONY - PENALTY. • 9.81 .030 MEMBERSHIP IN SUBVERSIVE ORGANIZATION IS FELONY - PENALTY. 9.81 .040 DISQUALIFICATION FROM VOTING OR HOLDING PUBLIC OFFICE. 9.81 .050 DISSOLUTION OF SUBVERSIVE ORGANIZATIONS - DISPOSITION OF PROPERTY. • 9.81 .060 PUBLIC EMPLOYMENT - SUBVERSIVE PERSONS INELIGIBLE. 9.81 .070 PUBLIC EMPLOYMENT - DETERMINING ELIGIBILITY - INQUIRIES - OATH. 9.81 .080 PUBLIC EMPLOYMENT - INQUIRIES MAY BE DISPENSED WITH, WHEN. • 9.81 .082 MEMBERSHIP IN SUBVERSIVE ORGANIZATION DESCRIBED. 9.81 .083 COMMUNIST PARTY DECLARED A SUBVERSIVE ORGANIZATION. 9.81 .090 PUBLIC EMPLOYEES - DISCHARGE OF SUBVERSIVE PERSONS - PROCEDURE - HEARING - APPEAL. 9.81 .100 PUBLIC OFFICE - CANDIDATE MUST FILE AFFIDAVIT. 9.81 .110 MISSTATEMENTS ARE PUNISHABLE AS PERJURY - PENALTY. 9.81 .120 CONSTITUTIONAL RIGHTS - CENSORSHIP OR INFRINGEMENT. 9.81 .130 ATTORNEY GENERAL - REPORT AND RECOMMENDATIONS. • STATUTES Anarchy and sabotage: Chapter 9.05. Treason: Chapter 9.82. • 9.81 .010 DEFINITIONS. (1 ) "Organization" means an organization, corporation, company, partnership, association, trust, foundation, fund, club, society, committee, political party, or any group of persons, whether or not incorporated, permanently or temporarily associated together for joint action • or advancement of views on any subject or subjects. (2) "Subversive organization" means any organization which engages in or advocates, abets, advises, or teaches, or a purpose of which is to engage in or advocate, abet, advise, or teach activities intended to overthrow, destroy or • alter, or to assist in the overthrow, destruction or alteration of, the United .. • I • • 9.81 .010 DEFINITIONS. - continued States, or of the state of Washington, or of any political subdivision of either of them, by revolution, force or violence. (3) "Foreign subversive organization" means any organization directed, dom- inated or controlled directly or indirectly by a foreign government which engages in or advocates, abets, advises, or teaches, or a purpose of which is to engage in or to advocate, abet, advise, or teach, activities intended to overthrow, destroy or alter, or to assist in the overthrow, destruction or alteration of the constitutional form of the government of the United States, or of the state of Washington, or of any political subdivision of either of them, and to establish in place thereof any form of government the direction and control of \ which is to be vested in, or exercised by or under, the domination or control of any foreign government, organization, or individual . (4) "Foreign government" means the government of any country or nation other than the government of the United States of America or of one of the states thereof. (5) "Subversive person" means any person who commits, attempts to commit, 00 or aids in the commission, or advocates, abets, advises or teaches by any means any person to commit, attempt to commit, or aid in the commission of any act intended to overthrow, destroy or alter, or to assist in the overthrow, destruction or alteration of, the constitutional form of the governemnt of the United States, 0 or of the state of Washington, or any political subdivision of either of them by revolution, force, or violence; or who with knowledge that the organization is an organization as described in subsections (2) and (3) hereof, becomes or remains a member of a subversive organization or a foreign subversive organization. 0 SHORT TITLE: "This act may be cited as the Subversive Activities Act." (1951 c 254 sec. 20) 9.81 .020 SUBVERSIVE ACTIVITIES MADE FELONY - PENALTY. It shall be 0 a felony for any person knowingly and wilfully to: (1 ) Commit, attempt to commit, or aid in the commission of any act intended to overthrow, destroy or alter, or to assist in the overthrow, destruction or alteration of, the constitutional form of the government of the 0 United States, or of the state of Washington or any political subdivision of • either of them, by revolution, force or violence; or 10 0 • 9.81 .020 SUBVERSIVE ACTIVITIES MADE FELONY - PENALTY. - continued • (2) Advocate, abet, advise, or teach by any means any person to commit, • attempt to commit, or assist in the commission of any such act under such circumstances as to constitute a clear and present danger to the security of the United States, or of the state of Washington or of any political subdivision of either of them; or (3) Conspire with one or more persons to commit any such act; or • (4) Assist in the formation or participate in the management or to contribute to the support of any subversive organization or foreign subversive organization knowing said organization to be a subversive organization or a • foreign subversive organization; or (5) Destroy any books, records or files, or secrete any funds in this state of a subversive organization or a foreign subversive organization, knowing said organization to be such. • Any person upon a plea of guilty or upon conviction of violating any of the provisions of this section shall be fined not more than ten thousand dollars, or imprisoned for not more than ten years, or both, at the discretion of the court. 0 9.81 .030 MEMBERSHIP IN SUBVERSIVE ORGANIZATION IS FELONY - PENALTY. It shall be a felony for any person after June 1 , 1951 to become, or after September 1 , 1951 to remain a member of a subversive organization or a foreign • subversive organization knowing said organization to be a subverisve organization or foreign subversive organization. Any person upon a plea of guilty or upon conviction of violating any of the provisions of this section shall be fined not more than five thousand dollars, or imprisoned for not • more than five years, or both, at the discretion of the court. 9.81 .040 DISQUALIFICATION FROM VOTING OR HOLDING PUBLIC OFFICE. Any person who shall be convicted or shall plead guilty of violating any of • the provisions of RCW 9.81 .020 and 9.81 .030, in addition to all other penalties therein provided, shall from the date of such conviction be barred from (1 ) Holding any office, elective or appointive, or any other position of • profit or trust in, or employment by the government of the state of Washington • 0 • 9.81 .040 DISQUALIFICATION FROM VOTING OR HOLDING PUBLIC OFFICE. cont. or of any agency thereof or of any county, municipal corporation or other • political subdivision of said state; (2) Filing or standing for election to any public office in the state of Washington; or (3) Voting in any election held in this state. • 9.81 .050 DISSOLUTION OF SUBVERSIVE ORGANIZATIONS - DISPOSITION OF PROPERTY. It shall be unlawful for any subversive organization or foreign subversive organization to exist or function in the state of Washington and • any organization which by a court of competent jurisdiction is found to have violated the provisions of this section shall be dissolved, and. if it be a corporation organized and existing under the laws of the state of Washington a finding by a court of competent jurisdiction that it has violated the • provisions of this section shall constitute legal cause for forfeiture of its charter and its charter shall be foreited and all funds, books, records and files of every kind and all other property of any organization found to have violated the provisions of this section shall be seized by and for the state of Washington, the funds to be deposited in the state treasury and the books., records, files and other property to be turned over to the attorney general . of Washington. • 9.81 .060 PUBLIC EMPLOYMENT - SUBVERSIVE PERSON INELIGIBLE. No subversive person, as defined in this act, shall be eligible for employment in, or appointment to any office, or any position of trust or profit in the government, or in the administration of the business, of this state, or of • any county, municipality, or other political subdivision of this state. 9.81 .070 PUBLIC EMPLOYMENT - DETERMINING ELIGIBILITY - INQUIRIES - OATH. Every person and every board, commission, council , department, court • or other agency of the state of Washington or an g y g y political subdivision thereof, who or which appoints or employs or supervises in any manner the appointment or employment of public officials or employees shall establish by rules, regulations or otherwise, procedures designed to ascertain whether any person • • • • 9.81 .070 PUBLIC EMPLOYMENT - DETERMINING ELIGIBILITY - INQUIRIES - OATH. continued • is a subversive person. In securing any facts necessary to ascertain the information herein required, the applicant shall be required to sign a written statement containing answers to such inquiries as may be material , which .statement shall contain notice that it is subject to the penalties of • perjury. Every such person, board, commission, council , department, court, or other agency shall require every employee or applicant for employment to state under oath whether or not he or she is a member of the communist party or other subversive organization, and refusal to answer on any grounds shall • be cause for immediate termination of such employee's employment or for refusal to accept his or her application for employment. Application forms, licenses - Mention of race or religion prohibited: • RCW 43.01 .100. Discrimination in employment: Chapter 49.60. 9.81 .080 PUBLIC EMPLOYMENT - INQUIRIES MAY BE DISPENSED WITH, WHEN. 0 The inquiries prescribed in preceding sections, other than the written statement to be executed by an applicant for employment and the requirement set forth in RCW 9.81 .070, relative to membership in the communist party or other subversive organization, shall not be required as a prerequisite to the employment of any • persons in any case in which the employing authority may determine, and by rule or regulation specify the reasons why, the nature of the work to be performed is such that employment of such persons will not be dangerous to the health of the citizens or the security of the governments of the United States, the state of Washington, or any political subdivision thereof. 9.81 .082 MEMBERSHIP IN SUBVERSIVE ORGANIZATION DESCRIBED. For the purpose of this act, membership in a subversive organization shall be membership • in any organization after it has been placed on the list of organizations designated by the attorney general of the United States as being subversive pursuant to executive order No. 9835.1 • 1This section is unconstitutional delegation of legislative authority. • Nostrand V. Balmer, 52 Wn. (2d) 460. • • 9.81 .083 COMMUNIST PARTY DECLARED A SUBVERSIVE ORGANIZATION. The • communist party is a subversive organization within the purview of chapter 9.81 and membership in the communist party is a subversive activity thereunder. 9.81 .090 PUBLIC EMPLOYEES - DISCHARGE OF SUBVERSIVE PERSONS - • PROCEDURE - HEARING - APPEAL. Reasonable grounds on all the evidence to believe that any person is a subversive person, as defined in this act, shall be cause for discharge from any appointive office or other position of profit or trust in the government of or in the administration of the business of this • state, or of any county, municipality or other political subdivision of this state, or any agency thereof. The attorney general and the personnel director, and the civil service commission of any county, city or other political subdivision of this state, shall , by appropriate rules or regulations, prescribe • that persons charged with being subversive persons, as defined in this act, shall have the right of reasonable notice, date, time and place of hearing, opportunity to be heard by himself. and witnesses on his behalf, to be represented by counsel , to be confronted by witnesses against him, the right to cross-examination, and such other rights which are in accordance with the procedures prescribed by law for the discharge of such person for other reasons. Every person and every board, commission, council , department, or other agency of the state of Washington or any political subdivision thereof having responsibility for the appointment, • employment or supervision of public employees not covered by the classified service in this section referred to, shall establish rules or procedures similar to those required herein for classified services for a hearing for any person charged with being a subversive person, as defined in this act, after notice and • opportunity to be heard. Every employing authority discharging any person pursuant to any provision of this act, shall promptly report to the special assistant attorney general in charge of subversive activities the fact of and the circumstances surrounding such discharge. Any person discharged under the • provisions of this act shall have the right within thirty days thereafter to appeal to the superior court of the county wherein said person may reside or wherein he may have been employed for determination by said court as to whether or not the discharge appealed from was justified under the provisions of this • • • • 9.81 .090 PUBLIC EMPLOYEES - DISCHARGE OF SUBVERSIVE PERSONS - PROCEDURE - HEARING - APPEAL. continued • act. The court shall regularly hear and determine such appeals and the decision of the superior court may be appealed to the supreme court or the ccurt of appeals of the state of Washington as in civil cases. Any person appealing to the superior court may be entitled to trial by jury if he or she so elects. • (1971 c 81 § 44. ) 9.81 .100 PUBLIC OFFICE - CANDIDATE MUST FILE AFFIDAVIT. No person shall become a candidate for election under the laws of the state of Washington • to any public office whatsoever in this state, unless he or she shall file an affidavit that he or she is not a subversive person as defined in this act. No declaration of candidacy shall be received for filing by any election official of any county or subdivision in the state of Washington or by the secretary of • state of the state of Washington unless accompanied by the affidavit aforesaid, and there shall not be entered upon any ballot or voting machine at any election the name of any person who has failed or refused to make the affidavit as set forth herein. 9.81 .110 MISSTATEMENTS ARE PUNISHABLE AS PERJURY - PENALTY. Every written statement made pursuant to this act by an applicant for appointment or employment, or by any employee, shall be deemed to have been made under oath if • it contains a declaration preceding the signature of the maker to the effect that it is made under the penalties of perjury. Any person who wilfully makes a material misstatement of fact (1 ) in any such written statement, or (2) in any affidavit made pursuant to the provisions of this act, or (3) under oath in • any hearing conducted by any agency of the state, or of any of its political subdivisions pursuant to this act, or (4) in any written statement by an applicant for appointment or employment or by an employee in any state aid or private institution of learning in this state, intended to determine • whether or not such applicant or employee is a subversive person as defined in this act, which statement contains notice that it is subject to the penalties of perjury, as prescribed in chapter 9.41 . • • • 1 • • 9.81 .120 CONSTITUTIONAL RIGHTS - CENSORSHIP OR INFRINGEMENT. • Nothing in this act shall be construed to authorize, require or establish any military or civilian censorship or in any way to limit or infringe upon freedom of the press or freedom of speech or assembly within the meaning and the manner as guaranteed by the Constitution of the United States or of the • state of Washington and no regulation shall be promulgated hereunder having that effect. 9.81 .130 ATTORNEY GENERAL - REPORT AND RECOMMENDATIONS. The attorney • general shall prepare and report to the governor, to the legislature, at or before the convening of each biennial session a concise statement of all matters pertaining to his official duties together with his recommendations for the enforcement of the provisions of this act. (1951 c 254 § 9.) • REVISER'S NOTE: "This act," see note following RCW 9.81 .060. • • I • • • • • CHAPTER 9.82 • TREASON • SECTIONS 9.82.010 DEFINED - PENALTY. 9.82.020 LEVYING WAR. • 9.82.030 MISPRISION OF TREASON. STATUTES 9.82.010 DEFINED - PENALTY. Treason against the people of the state consist in - • (1 ) Levying war against the people of the state, or (2) Adhering to its enemies, or (3) Giving them aid and comfort. Treason is punishable by death. • No person shall be convicted for treason unless upon the testimony of two witnesses to the same overt act or by confession in open court. Treason defined and evidence required: State Constitution Art. 1 sec. 27. 9.82.020 LEVYING WAR. To constitute levying war against the state an actual act of war must be committed. To conspire to levy war is not enough. When persons arise in insurrection with intent to prevent, in general , by force • and intimidation, the execution of a statute of this state, or to force its repeal , they shall be guilty of levying war. But an endeavor, although by numbers and force of arms, to resist the execution of a law in a single instance, and for a private purpose, is not levying war. • 9.82.030 MISPRISION OF TREASON. Every person having knowledge of the commission -of treason, who conceals the same, and does not, as soon as may be, disclose such treason to the governor or a justice of the supreme court or a • judge of either the court of appeals or the superior court, shall be guilty of misprision of treason and punished by a fine of not more than one thousand dollars, or by imprisonment in the state penitentiary for not more than five years or in a county jail for not more than one year. (1971 c 81 § 45. ) • • • • CHAPTER 9.86 UNITED STATES AND STATE FLAGS, CRIMES RELATING TO (Uniform Flag Law) s SECTIONS 9.86.010 "FLAG," ETC. , DEFINED. 9.86.020 IMPROPER USE OF FLAG PROHIBITED. 9.86.030 DESECRATION OF FLAG. 9.86.040 APPLICATION OF PROVISIONS. 9.86.050 PENALTY. STATUTES 9.86.010 "FLAG," ETC. , DEFINED. The words flag, standard, color, • ensign or shield, as used in this chapter, shall include any flag, standard, color, ensign or shield, or copy, picture or representation thereof, made of any substance or represented or produced thereon, and of any size, evidently purporting to be such flag, standard, color, ensign or shield of the United States or of this state, or a copy, picture or representation thereof. 9.86.020 IMPROPER USE OF FLAG PROHIBITED. No person shall , in any manner, for exhibition or display: • (1 ) Place or cause to be placed any word, figure, mark, picture, design, drawing or advertisement of any nature upon any flag, standard, color, ensign or shield of the United States or of this state, or authorized by any law of the United States or of this state; or (2) Expose to public view any such flag, standard, color, ensign or shield upon which shall have been printed, painted or otherwise produced, or to which shall have been attached, appended, affixed or annexed any such word, figure, mark, picture, design, drawing or advertisement; or ® (3) Expose to public view for sale, manufacture, or otherwise, or to sell , give, or have in possession for sale, for gift or for use for any purpose, any substance, being an article of merchandise, or receptacle, or thing for holding or carrying merchandise, upon or to which shall have been produced or • attached any such flag, standard, color, ensign or shield, in order to advertise, • call attention to, decorate, mark or distinguish such article or substance. • • 9.68.030 DESECRATION OF FLAG. No person shall knowingly cast • contempt upon any flag, standard, color, ensign or shield, as defined in • RCW 9.68.010, by publicly mutilating, defacing, defiling, burning, or trampling upon said flag, standard, color, ensign or shield. (1969 1st ex.s. c 110 § 1 . ) • 9.86.040 APPLICATION OF PROVISIONS. This chapter shall not apply to any act permitted by the statutes of the United States or of this state, or by the United States army and navy regulations, nor shall it apply to any printed or written document or production, stationery, ornament, picture or • jewelry whereon shall be depicted said flag, standard, color, ensign or shield with no design or words thereon and disconnected with any advertisement. 9.86.050 PENALTY. Any violation of this chapter shall be a gross • misdemeanor. • • • • • • • • CHAPTER 9.91 MISCELLANEOUS CRIMES SECTIONS 9.91 .010 DENIAL OF CIVIL RIGHTS - TERMS DEFINED. 9.91 .020 OPERATING RAILROAD, STEAMBOAT, VEHICLE, ETC. WHILE INTOXICATED. 9.91 .030 PLACES RESORTED TO FOR USE OF NARCOTICS OR DANGEROUS DRUGS. AMD-'63 9.91 .050 IMPROPER USE OF STATE SEAL. 9.91 .055 -----PENALTY. 9.91 .060 LEAVING CHILDREN UNATTENDED IN PARKED AUTOMOBILE. 9.91 .090 FRAUDULENT DESTRUCTION OF INSURED PROPERTY. 9.91 .100 INTERFERING WITH DEAD BODY OR FUNERAL. 9.91 .110 METAL BUYERS - RECORDS OF PURCHASES - PENALTY. 9.91 .120 FOOD STAMPS AND FOOD PURCHASED WITH STAMPS - RESELLING OR PURCHASING. STATUTES 9.91 .010 DENIAL OF CIVIL RIGHTS - TERMS DEFINED. Terms used in this section shall have the following definitions: (1 ) (a) "Every person" shall be construed to include any owner, lessee, proprietor, manager, agent or employee whether one or more natural persons, • partnerships, associations, organizations, corporations, cooperatives, legal representatives, trustees, receivers, of this state and its political subdivisions, boards and commissions, engaged in or exercising control over the operation of any place of public resort, accommodation, assemblage or amusement. (b) "Deny" is hereby defined to include any act which directly or indirectly, or by subterfuge, by a person or his agent or employee, results or is intended or calculated to result in whole or in part in any discrimination, distinction, restriction, or unequal treatment, or the requiring of any person to pay a larger sum than the uniform rates charged by other persons, or the refusing or withholding from any person the admission, patronage, custom, presence, frequenting, dwelling, staying, or lodging in any place of public resort, accommodation, assemblage, or amusement except for conditions and limitations established by law and applicable alike to all persons, regardless of race, acreed or color. • • 9.91 .010 DENIAL OF CIVIL RIGHTS - TERMS DEFINED. continued • (c) "Full enjoyment of" shall be construed to include the right to • purchase any service, commodity or article of personal property offered or sold on, or by, any establishment to the public, and the admission of any person to accommodations, advantages, facilities or privileges of any place of public resort, accommodation, assemblage or amusement, without acts directly • or indirectly causing persons of any particular race, creed or color, to be treated as not welcome, accepted, desired or solicited. (d) "Any place of public resort, accommodation, assemblage or amusement" is hereby defined to include but not to be limited to any public place, licensed or unlicensed, kept for gain, hire or reward, or where charges are made for admission, service, occupancy or use of any property or facilities, whether conducted for the entertainment, housing or lodging of transient guests, or, for the benefit, use or accommodation of those seeking health, recreation or • rest, or for the sale of goods and merchandise, or for the rendering of personal services, or for public conveyance or transportation on land, water or in the air, including the stations and terminals thereof and the garaging of vehicles, or where food or beverages of any kind are sold for consumption on- the premises, 0 or where public amusement, entertainment, sports or recreation of any kind is offered with or without charge, or where medical service or care is made available, or where the public gathers, congregates, or assembles for amusement, recreation or public. purposes, or public halls, public elevators and public • washrooms of buildings and structures occupies by two or more tenants, or by the owner and one or more tenants, or any public library or_ any educational institution wholly or partially supported by public funds, or schools of special instruction, or nursery schools, or day care centers or children's • camps; nothing herein contained shall be construed to include, or apply to, any institute, bona fide club, or place of accommodation, which is by its nature distinctly private provided that where public use is permitted that use shall be covered by this section; nor shall anything herein contained apply to any • ' educational facility operated or maintained by a bona fide religious or sectarian institution; and the right of a natural parent in LOCO PARENTIS to direct the education and upbringing of a child under his control is hereby affirmed. • • • • • 9,91 .010 DENIAL OF CIVIL RIGHTS - TERMS DEFINED. continued (2) Every person who denies to any other person because of race, creed, or color, the full enjoyment of any of the accommodations, advantages, facilities or privileges of any place of public resort, accommodation, assemblage, or amusement, shall be guilty of a misdemeanor. • Application forms, licenses - Mention of race or religion prohibited RCW 43.01 .100, 43.01 .110. Interference with board against discrimination: RCW 49.60.310. 9.91.020 OPERATING RAILROAD, STEAMBOAT, VEHICLE, ETC. , WHILE INTOXICATED. Every person who, being employed upon any railway, as engineer, motorman, gripman, conductor, switch tender, fireman, bridge tender, flagman or signalman, or having charge of stations, starting, regulating or running • trains upon a railway, or being employed as captain, engineer or other officer of a vessel propelled by steam, or being the driver of any animal or vehicle upon any public highway, street, or other public place, shall be intoxicated while engaged in the discharge of any such duties, shall be guilty of a gross misdemeanor. Hunting while intoxicated: RCW 77.16.070. • Operating vehicle under influence of intoxicants or drugs: RCW . 46.20.250, 46.52.100, 46.56.010, 46.56.040. Railroads, employees, equipment, operations: Chapters 81 .40, 81 .44, 81 .48. 9.91 .030 PLACES RESORTED TO FOR USE OF NARCOTICS OR DANGEROUS DRUGS. Every person who shall open, conduct or maintain, as owner or employee, any place where opium, morphine, alkaloid-cocaine or alpha or beta eucaine or any • derivative, mixture or preparation of any of them, or any dangerous drug described in RCW 69.40.060, shall be in any manner used by persons resorting thereto for the purpose; and every person who shall visit or .resort to such place for the purpose of using in any manner any of said drugs, shall be • guilty of a gross misdemeanor. • Dangerous drugs - Places deemed public nuisance: RCW 69.40.080. • f 9.91 .050 IMPROPER USE OF STATE SEAL. It shall be unlawful for any • individual , person, form, association or corporation to use or make any die of the state seal , or any impression thereof, for any use whatsoever, unless written permission has first been obtained for the use of same from the secretary of state. s 9.91 .055 -----PENALTY. Any person violating the provisions of RCW 9.91 .050 shall be guilty of a gross misdemeanor. 9.91 .060 LEAVING CHILDREN UNATTENDED IN PARKED AUTOMOBILE. Every • person having the care and custody, whether temporary or permanent, or minor children under the age of twelve years, who shall leave such children in a parked automobile unattended by an adult while such person enters a tavern or other premises where vinous ( ,) spirituous ( ,) or malt liquors are dispensed • for consumption on the premises shall be guilty of a gross misdemeanor. 9.91 .090 FRAUDULENT DESTRUCTION OF INSURED PROPERTY. Every person who, with intent to defraud or prejudice the insurer thereof, shall wilfully 0 injure or destroy any property not specified or included hereinbefore in this subdivision, which is insured at the time against loss or damage by fire or other casualty, shall be punished by imprisonment in the state penitentiary for not more than ten years, or by a fine of not more than five thousand dollars, or by both. Insurance code, wilful destruction or injury of property: RCW 48.30.220. • 9.91 .100 INTERFERING WITH DEAD BODY OR FUNERAL. Repealed by 1957 c10 § 3. Holding body for debt: RCW 68.08.120. fll Interfering with funeral : RCW 68.48.010(3) . • a • 9.91 .110 METAL BUYERS - RECORDS OF PURCHASES - PENALTY. (1 ) It shall be unlawful for any person, firm or corporation engaged in the business of buying or otherwise obtaining new, used or secondhand metals to purchase or otherwise obtain such metals unless a permanent record of the purchase of such metals is maintained: Provided, That no such record need be kept of purchases made by or from a manufacturer, remanufacturer or distributor appointed by a manufacturer of such metals. For the purpose of this section the term "metals" shall mean copper, copper wire, copper cable, copper pipe, copper sheets and tubing, copper bus, i aluminum wire, brass pipe, lead, electrolytic nickel and zinc. (2) The permanent record required by subsection (1 ) of this section shall contain the following: (a) a general description of all property purchased; (b) the type and quantity or weight; (c) the name, address, driver's license number, and signature of the seller or the person making delivery; and, (d) a description of any motor vehicle and the license number thereof used in the delivery of such metals. The information so recorded shall be retained by the purchaser for a period of not less than one year. (3) Any violation of this section is punishable, upon conviction, by a fine of not more than five hundred dollars or by imprisonment in the county jail for not more than six months, or by both such fine and imprisonment. (1971 1st ex.s. c 302 § 18. ) • 9.91 .120 FOOD STAMPS AND FOOD PURCHASED WITH STAMPS - RESELLING OR PURCHASING. Any person who resells food stamps manufactured under the food stamp program established pursuant to RCW 74.04.500, 74.04.505 and 74.04.510, or food purchased therewith, and any person who knowingly purchases such resold stamps or food, shall (1 ) if the face value of the stamps or food transferred be one hundred dollars or more, be guilty of a gross misdemeanor and (2) if the face value of the stamps or food transfEr;�ed be less than one hundred dollars, shall be guilty of a misdemeanor. (1973 I � 2nd ex.s. c 6 § 1 . ) • • • CHAPTER 9.92 PUNISHMENT • SECTIONS 9.92.010 PUNISHMENT OF FELONY WHEN NOT FIXED BY STATUTE. 9.92.020 PUNISHMENT OF GROSS MISDEMEANOR WHEN NOT FIXED BY STATUTE. • 9.92.030 PUNISHMENT OF MISDEMEANOR WHEN NOT FIXED BY STATUTE. 9.92.040 PUNISHMENT FOR CONTEMPT. 9.92.050 COMMITMENT TO STATE REFORMATORY. 9.92.060 SUSPENDING SENTENCES. 6 9.92.062 SUSPENDED SENTENCE - TERMINATION DATE - APPLICATION. 9.92.064 SUSPENDED SENTENCE - TERMINATION DATE - ESTABLISHMENT. 9.92.066 TERMINATION OF SUSPENDED SENTENCE - RESTORATION OF CIVIL RIGHTS. • 9.92.070 PAYMENT OF FINE AND COSTS IN INSTALLMENTS. 9.92.080 SENTENCE ON TWO OR MORE CONVICTIONS OR COUNTS. 9.92.090 HABITUAL CRIMINALS. 9.92.100 PREVENTION OF PROCREATION. 9.92.110 CONVICTS PROTECTED - FORFEITURES ABOLISHED. 9.92.120 CONVICTION OF PUBLIC OFFICER FORFEITS TRUST. 9.92.130 CITY I T JAL PRISONERS MAY BE COMPELLED TO WORK. i 9.92.140 COUNTY JAIL PRISONERS MAY BE COMPELLED TO WORK. • 9.92.150 REDUCTION FOR GOOD BEHAVIOR. STATUTES County jails: Chapter 36.63. Court to fix maximum sentence: RCW 9.95.010. Excessive bail or fines, cruel punishment prohibited: State Constitution Art. 1 , sec. 14. Juvenile offenders - Commitment: Chapter 13.08. Removal of diseased prisoners: RCW 70.20.140. • Treatment of prisoners for venereal disease: RCW 70.24.030. 9.92.010 PUNISHMENT OF FELONY WHEN NOT FIXED BY STATUTE. Every person convicted of a felony for which no punishment is specially prescribed by 0 • 9.92.010 PUNISHMENT OF FELONY WHEN NOT FIXED BY STATUTE. continued any statutory provision in force at the time of conviction and sentence, shall be punished by imprisonment in the state penitentiary for not more than ten years, or by a fine of not more than five thousand dollars, or by both. 9.92.020 PUNISHMENT OF GROSS MISDEMEANOR WHEN NOT FIXED BY STATUTE. Every person convicted of a gross misdemeanor for which no punishment is prescribed in any statute in force at the time of conviction and sentence, shall be punished by imprisonment in the county jail for not more than one year, or by a fine of not more than one thousand dollars or both. 9.92.030 PUNISHMENT OF MISDEMEANOR WHEN NOT FIXED BY STATUTE. Every person convicted of a misdemeanor for which no punishment is prescribed by any statute in force at the time of conviction and sentence, shall be punished by imprisonment in the county jail for not more than ninety days, or by a fine of not more than two hundred and fifty dollars. 9.92.040 PUNISHMENT FOR CONTEMPT. A criminal act which at the same time constitutes contempt of court, and has been punished as such, may also be punished as a crime, but in such case the punishment for contempt may be considered in mitigation. • Contempts: Chapter 3.28, 7.20, 9.23. Punishment for contempt mitigates punishment for crime: RCW 7.20.120. a 9.92.050 COMMITMENT TO STATE REFORMATORY. Whenever any male person, between the ages of sixteen and thirty years, is convicted of any felony the court may, in its discretion, order such person to be committed to and confined in the Washington state reformatory. • State reformatory: Chapter 72.12. 9.92.060 SUSPENDING SENTENCES. Whenever any person shall be convicted of any crime except murder, burglary in the first degree, arson in the first degree, robbery, carnal knowledge of a female child under the age of ten years, • 9.92.060 SUSPENDING SENTENCES. continued • or rape, the court may in its discretion, at the time of imposing sentence upon such person, direct that such sentence be stayed and suspended until otherwise ordered by such court, and that the sentenced person be placed under the charge of a parole or peace officer during the term of such suspension, upon such terms as the court may determine: PROVIDED, That as a condition to suspension of r sentence, the court may require the convicted person to make such monetary payments, on such terms as the court deems appropriate under the circumstances, as are necessary (1 ) to comply with any order of the court for the payment of family support, (2) to make restitution to any person or persons who may have ` suffered loss or damage by reason of the commission of the crime in question, and (3) to pay any fine imposed and not suspended and the court or other costs incurred in the prosecution of the case, including reimbursement of the state for costs of extradition if return to this state by extradition was required. In no case shall a sentence be suspended under the provisions of this section unless the person if sentenced to confinement in a penal institution be placed under the charge of a parole officer, who is a duly appointed and acting officer of the institution to which the person is sentenced: PROVIDED, That persons convicted in justice court may be placed under supervision of a probation officer employed for that purpose by the board of county commissioners of the county wherein the court is located. • Counties may provide probation and parole services: RCW 36.01 .070. 9.92.062 SUSPENDED SENTENCE - TERMINATION DATE - APPLICATION. In all cases prior to August 9, 1971 , wherein the execution of sentence has been suspended pursuant to RCW 9.92.060, such person may apply to the court by which he was convicted and sentenced to establish a definite termination date for the suspended sentence. The court shall set a date no later than the time the original sentence would have elapsed and may provide for an earlier • termination of the suspended sentence. (1971 1st ex.s. c 188 § 1 . ) 9.92.064 SUSPENDED SENTENCE - TERMINATION DATE - ESTABLISHMENT. In the case of a person granted a suspended sentence under the provisions of • • 9.92.064 SUSPENDED SENTENCE - TERMINATION DATE - ESTABLISHMENT. cont. RCW 9.92.060, the court shall establish a definite termination date for the suspended sentence. The court shall set a date no later than the time the original sentence would have elapsed and may provide for an earlier termination of the suspended sentence. (1971 lst ex.s. c 188 § 2. ) 'r 9.92.066 TERMINATION OF SUSPENDED SENTENCE - RESTORATION OF CIVIL RIGHTS. Upon termination of any suspended sentence under RCW 9.92.060 or 9.95.210, such person may apply to the court for restoration of his civil rights. Thereupon the court may in its discretion enter an order directing that such defendant shall thereafter be released from all penalties and disabilities resulting from the offense or crime of which he has been convicted. (1971 lst ex.s. c 188 § 3. ) r 9.92.070 PAYMENT OF FINE AND COSTS IN INSTALLMENTS. Hereafter whenever any judge of any superior court, justice of the peace or police judge shall sentence any person to pay any fine and costs, he may, in his discretion, provide that such fine and costs may be paid in certain designated installments, or within certain designated period or periods; and if such fine and costs shall be paid by the defendant in accordance with such order no commitment or imprisonment of the defendant shall be made for failure to pay such fine or • costs: PROVIDED, That the provisions of this section shall not apply to any sentence given for the violation of any of the liquor laws of this state. Collection and disposition of fines and costs: Chapter 10.82. • 9.92.080 SENTENCE ON TWO OR MORE CONVICTIONS OR COUNTS. From and after August 9, 1971 : (1 ) Whenever a person while under sentence of felony shall commit another felony and be sentenced to another term of imprisonment, such latter term shall not begin until the expiration of all prior terms: Provided, That any person granted probation pursuant to the provisions of RCW 9.95.210 and/or 9.92.060 shall not be considered to be under sentence of a felony for the purposes of this subsection. a 9.92.080 SENTENCE ON TWO OR MORE CONVICTIONS OR COUNTS. continued (2) Whenever a person is convicted of two or more offenses which arise from a single act or omission, the sentences imposed therefor shall run concurrently, unless the court, in pronouncing sentence, expressly orders the service of said sentences to be consecutive. (3) In all other cases, whenever a person is convicted of two or more r offenses arising from separate and distinct acts or omissions, and not otherwise governed by the provisions of subsections (1 ) and (2) of this section, the sentences imposed therefor shall run consecutively, unless the court, in pronouncing the second or other subsequent sentences, expressly orders `, concurrent service thereof. (4) The sentencing court may require the secretary of the department of social and health services, or his designee, to provide information to the court concerning the existence of all prior judgments against the defendant, • the terms of imprisonment imposed, and the status thereof. (1971 1st ex.s. c 295 § l . ) 9.92.090 HABITUAL CRIMINALS. Every person convicted in this state 00 of any crime of which fraud or intent to defraud is an element, or of petit larceny, or of any felony, who shall previously have been convicted, whether in this state or elsewhere, of petit larceny, or of any misdemeanor or gross » misdemeanor of which fraud or intent to defraud is an element, shall be adjudged to be an havitual criminal and shall be punished by imprisonment in the state penitentiary for not less than ten years. Every person convicted in this state of any crime of which fraud or • intent to defraud is an element, or of petit larceny, or of any felony, who shall previously have been twice convicted, whether in this state or elsewhere, of any crime which under the laws of this state would amount to a felony, or who shall previously have been four times convicted, whether in this state or • . elsewhere, of petit larceny, or of any misdemeanor or gross misdemeanor of which fraud or intent to defraud is an element, shall be punished by imprisonment in the state penitentiary for life. • • 9.92.100 PREVENTION OF PROCREATION. Whenever any person shall be • adjudged guilty of carnal abuse of a female person under the age of ten years, or of rape, or shall be adjudged to be an habitual criminal , the court may, in addition to such other punishment or confinement as may be imposed, direct an operation to be performed upon such person, for the prevention of procreation. 9.92.110 CONVICTS PROTECTED - FORFEITURES ABOLISHED. Every person sentenced to imprisonment in any penal institution shall be under the protection of the law, and any unauthorized injury to his person shall be punished in the same manner as if he were not so convicted or sentenced. A conviction of crime shall not work a forfeiture of any property, real or personal , or of any right or interest therein. All forfeitures in the nature of deodands, or in case of suicide or where a person flees from justice, are abolished. • Inheritance rights of slayers: Chapter 11 .84. 9.92.120 CONVICTION OF PUBLIC OFFICER FORFEITS TRUST. The conviction of a public officer of any felony or malfeasance in office shall entail , in addition to such other penalty as may be imposed, the forfeiture of his office, and shall disqualify him from ever afterward holding any public office in this state. • Forfeiture or impeachemnt, rights preserved: RCW 42.04.040. Misconduct of public officers: Chapter 42.20. Vacancy of public office, causes: RCW 42.12.010. • 9.92.130 CITY JAIL PRISONERS MAY BE COMPELLED TO WORK. When a person has been sentenced by any justice of the peace in a city in this state to a term of imprisonment in the city jail , whether in default of payment of • a fine or otherwise, such person may be compelled on each day of such term, except Sundays, to perform eight hours' labor upon the streets, public buildings, and grounds of such city and to wear an ordinary ball and chain, while performing such labor. • • • 9.92.140 COUNTY JAIL PRISONERS MAY BE COMPELLED TO WORK. When a person has been sentenced by a justice of the peace, or a judge of the superior court, to a term of imprisonment in the county jail , whether in default of payment of a fine, or costs or otherwise; such person may be compelled to work eight hours, -each day of such term, in and about the county buildings, public roads, streets and grounds: PROVIDED, This section and RCW 9.92.130 shall not apply to persons committed in default of bail . Employment of prisoners: RCW 36.28.100. Working out fine: Chapter 10.82. 9.92.150 REDUCTION FOR GOOD BEHAVIOR. The sentencing judge of the superior court and the sentencing justice of the peace of the justice court shall have authority and jurisdiction whereby the sentence of a prisoner, sentenced to imprisonment in their respective county jail , may be reduced five days for each month of confinement therein., for good behavior. (1937 c 99 § 1 ; RRS § 10191-1 . ) 90 0 •I 0