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A. Adopted By Reference: In adopting the state's statutes by reference, only those crimes and offenses within the jurisdiction of a municipality are intended to be adopted and in those sections adopted which deal with both felonies and misdemeanors or gross misdemeanors, only the language applicable to misdemeanors or gross misdemeanors is to be applied (including to the extent that an anticipatory offense would be a misdemeanor or gross misdemeanor). By adopting state statutes, the city intends to assume jurisdiction over and become the jurisdictional authority for the enforcement and prosecution of misdemeanor and gross misdemeanor crimes. Whenever the word "state" shall appear in any statute adopted by reference in this chapter, the word "city" shall be substituted; provided, however, the term "city" shall not be substituted for the term "state" in those circumstances that set forth administrative or licensing duties of the state and its subdivisions. Whenever a state statute specifically adopted in this chapter refers to another state statute not specifically adopted in this chapter, the statute referred to shall be given the force and effect necessary to enforce the statute specifically adopted in this chapter. When issuing a citation, information, or complaint for the violation of any section of the Revised Code Of Washington adopted by this chapter, it shall be sufficient for a commissioned officer or prosecutor to cite to and refer to the Revised Code Of Washington section number.
B. Misdemeanors: With the exception of the Revised Code Of Washington sections set forth in subsection D of this section or other Revised Code Of Washington sections that are otherwise specifically disavowed in this code, all Revised Code Of Washington sections that constitute misdemeanors and gross misdemeanors and the Revised Code Of Washington sections necessary for the investigation, arrest, prosecution, sentencing, confinement, and enforcement of misdemeanors and gross misdemeanors are hereby adopted by reference, as well as any future changes, amendments, recodifications, additions, or deletions to those sections, and shall be given the same force and effect as if set forth herein in full. The fact that sections of this code adopt by reference specific sections of the Revised Code Of Washington shall not affect this section. Sections of the code that specifically recite that sections of the Revised Code Of Washington are not adopted or do not apply shall control over this section.
C. Class C Felony Crimes: All class C felony crimes set forth in the Revised Code Of Washington are hereby adopted by reference, as well as any future changes, amendments, recodifications, additions, or deletions to those sections, for the purposes of charging a gross misdemeanor for a violation of any of the crimes set forth in Revised Code Of Washington chapter 9A.28. The adoption of class C felonies shall be subject to the provisions of subsections A and B of this section.
D. Sections Not Adopted: The following Revised Code Of Washington sections are specifically not adopted:
1. Revised Code Of Washington 9A.16.110, Defending against violent crime - reimbursement.
E. Severability: If any chapter, section, subsection, sentence, or provision of this title, or its application to any person or circumstance, is held invalid, the remainder of this title, or the application of the chapter, section, subsection, sentence, or provision to other persons or circumstances, is not affected, and to this end, the chapters, sections, subsections, sentences and provisions of this title are declared to be severable.
F. Public Duty: The provisions of this title are intended to create a duty to the public in general and not to create any duty to individuals or to any particular class of individuals. These provisions are not for the protection of any person or class of persons.
G. Restitution: Restitution may be imposed as part of a sentence and shall be ordered by the court whenever a person is convicted of a crime which results in injury to any person or damage to or loss of property, unless extraordinary circumstances exist that make restitution inappropriate in the court's judgment and the court sets forth such circumstances in the record. In addition, restitution shall be ordered to pay for an injury, loss, or damage if the defendant pleads guilty to a lesser offense or fewer offenses and agrees with the prosecutor's recommendation that the defendant be required to pay restitution to a victim of an offense or offenses that are not prosecuted pursuant to a plea agreement. The court shall identify in the judgment and sentence the victim or victims entitled to restitution and what amount is due each victim.
1. Restitution shall be ordered by the court whenever a person is convicted of any charge of hit and run, whether involving persons, property, or attended vehicles under FWRC 8.05.010 or Revised Code Of Washington chapter 46.52. This restitution shall include:
a. Damages for injury, property loss and/or lost wages attributable to leaving the scene of the accident or collision in all cases; and
b. Damages for injury, property loss and/or lost wages where there is a preponderance of evidence that the convicted person was at fault in the underlying accident or collision.
2. When restitution is ordered, the court shall determine the amount of restitution due at the sentencing hearing or within one hundred eighty (180) days. The court may continue the hearing beyond the one hundred eighty (180) days for good cause. Restitution ordered by a court pursuant to a criminal conviction shall be based on easily ascertainable damages for injury to or loss of property, actual expenses incurred for treatment for injury to persons, and lost wages resulting from injury. Restitution shall not include reimbursement for damages for mental anguish, pain and suffering, or other intangible losses, but may include the costs of counseling reasonably related to the offense. The amount of restitution shall not exceed double the amount of the offender's gain or the victim's loss from the commission of the crime.
3. The city or victim may enforce the court ordered restitution in the same manner as a judgment in a civil action. This section does not limit civil remedies or defenses available to the victim, survivors of the victim, or defendant. Restitution collected through civil enforcement must be paid through the registry of the court and must be distributed proportionately according to each victim's loss when there is more than one victim.
H. Violation Of Probation Order: It is a misdemeanor for any person who has been convicted of a criminal offense, and has been placed, and remains, on probation in connection with a suspended or deferred sentence by a court, to knowingly violate any provision of a court's probation order.
I. Jurisdiction: The following persons are subject to punishment:
1. A person who commits in the city any crime as defined by ordinance, in whole or part;
2. A person who commits out of the city any act which, if committed within it, would be theft and is afterward found in the city with any of the stolen property;
3. A person who, being out of the city, counsels, causes, procures, aids, or abets another to commit a crime in the city; or
4. A person who commits an act without the city which affects persons or property within the city which, if committed within the city, would be a crime. (Ord. 905, 3-30-2011)
The following provisions of the Revised Code Of Washington are hereby adopted including any subsequent amendments thereto:
A. Criminal Attempt; Solicitation; Conspiracy:
9A.28.020 | Criminal attempt |
9A.28.030 | Criminal solicitation |
9A.28.040 | Criminal conspiracy (1973 Code §§ 9.04.010, 9.04.015, 9.04.020) |
B. Culpability; Complicity; Liability Of Corporations:
9A.08.010 | Culpability |
9A.08.020 | Complicity |
9A.08.030 | Liability of corporations (1973 Code §§ 9.04.030, 9.04.040, 9.04.045) |
C. Citizen Immunity; Omissions; Sending Letter:
9.01.055 | Citizen immunity if aiding an officer |
9.01.110 | Omissions, when not punishable |
9.01.130 | Sending letter, when complete (1973 Code §§ 9.04.050, 9.04.060, 9.04.070) |
D. Insanity: 9A.12.010. (1973 Code § 9.04.080)
E. Defenses:
9A.16.010 | Definitions |
9A.16.020 | Use of force - when lawful |
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 |
9A.16.100 | Use of force on children - policy - actions presumed unreasonable (1973 Code § 9.04.090) |
F. Criminal Procedure:
10.31.100 | Powers of arrest and mandatory arrest provisions (Ord. 689, 5-29-1997) |
The following provisions of the Revised Code Of Washington are hereby adopted including any subsequent amendments thereto:
A. Crimes Relating To Official Proceedings:
Committal Of Witness; Detention Of Documents: 9.72.090. (1973 Code § 9.06.030) | |
Contempt Of Court: | |
7.21.010 | Definitions |
7.21.020 | Sanctions - who may impose |
7.21.030 | Remedial sanctions - payment for losses |
7.21.040 | Punitive sanctions - fines |
7.21.050 | Sanctions - summary imposition - procedures |
7.21.060 | Administrative actions or proceedings - petition to court for imposition of sanctions |
7.21.070 | Appellate review (1973 Code § 9.06.050) |
Juries, Crimes Relating To: | |
9.51.010 | Misconduct of officer drawing jury |
9.51.020 | Soliciting jury duty |
9.51.030 | Misconduct of officer in charge of jury (1973 Code § 9.06.010) |
Misconduct In Signing Petition: 9.44.080. (1973 Code § 9.06.040) | |
Perjury And Interference With Official Proceedings: | |
9A.72.010 | Definitions |
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.72.140 | Jury tampering |
9A.72.150 | Tampering with physical evidence (1973 Code § 9.06.020) |
B. Defrauding A Public Utility:
9A.61.010 | Definitions |
9A.61.020 | Defrauding a public utility |
9A.61.050 | Defrauding a public utility in the third degree |
9A.61.060 | Restitution and costs (1973 Code § 9.07.010) |
C. Obstructing Governmental Operations:
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.76.100 | Compounding |
9A.76.160 | Introducing contraband in the third degree |
9A.76.170 | Bail jumping (1973 Code § 9.08.010) |
D. Offenses Relating to Schools, School Personnel:
28A.635.010 | Abusing or insulting teachers, liability for - penalty |
28A.635.020 | Wilfully disobeying school administration personnel or refusing to leave public property, violations, when - penalty |
28A.635.030 | Disturbing school, school activities or meetings - penalty |
28A.635.040 | Examination questions - disclosing - penalty |
28A.635.050 | Certain corrupt practices of school officials - penalty |
28A.635.060 | Defacing or injuring school property - liability of pupil, parent or guardian - voluntary work program as alternative - rights protected |
28A.635.070 | Property, failure of officials or employees to account for - mutilation by - penalties |
28A.635.090 | Interfering by force or violence with any administrator, teacher, classified employee or student unlawful |
28A.635.100 | Intimidation of any administrator, teacher, classified employee or student by threat of force or violence unlawful |
28A.635.110 | Violations under RCW 28A.635.090 and RCW 28A.635.100 - disciplinary authority exception (1973 Code § 9.09.010; amd. 1996 Code) |
E. Escape:
Escaped Prisoner Recaptured: 9.31.090. (1973 Code § 9.10.020) | |
Rendering Criminal Assistance; Escape: | |
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.76.130 | Escape in the third degree (1973 Code § 9.10.010) |
F. Abuse Of Conduct:
Official Misconduct: 9A.80.010. (1973 Code § 9.11.010) |
The following provisions of the Revised Code of Washington are hereby adopted including any subsequent amendments thereto:
A. Theft And Robbery:
9A.56.010 | Definitions |
9A.56.020 | Theft - definition, defense |
9A.56.050 | Theft in the third degree |
9A.56.220 | Theft of cable television services |
9A.56.230 | Unlawful sale of subscription television services |
9A.56.240 | Forfeiture and disposal of device used to commit violation |
9A.56.260 | Connection of channel converter |
9A.56.270 | Shopping cart theft (1973 Code § 9.12.010) |
B. Unlawful Issuance Of Bank Check Or Draft: 9A.56.060 (1), (2), (5). (1973 Code § 9.14.010)
C. Criminal Impersonation; Certification:
9A.60.010 | Definitions |
9A.60.040 | Criminal impersonation |
9A.60.050 | False certification (1973 Code § 9.15.010) |
D. Sexual Offenses:
9A.44.010 | Definitions |
9A.44.020 | Testimony - evidence - written motion - admissibility |
9A.44.030 | Defenses to prosecution under this chapter |
9A.44.096 | Sexual misconduct with a minor in the second degree (1973 Code § 9.18.010) |
E. Assault:
9A.36.041 | Assault in the fourth degree |
9A.36.050 | Reckless endangerment in the second degree |
9A.36.070 | Coercion (1973 Code § 9.20.010) |
9A.36.150 | Interfering with report of domestic violence (Ord. 689, 5-29-1997) |
F. Harassment:
9A.46.020 | Definition - penalties |
9A.46.030 | Place where committed |
9A.46.040 | Court-ordered requirements under person charged with crime - violation |
9A.46.050 | Arraignment - no contact order |
9A.46.060 | Crimes included in harassment |
9A.46.070 | Enforcement of orders restricting contact |
9A.46.080 | Order restricting contact - violation |
9A.46.090 | Nonliability of police officer |
9A.46.100 | "Convicted", time when (1973 Code § 9.21.010) |
9A.46.110 | Stalking (Ord. 689, 5-29-1997) |
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