City of Milton, WA Chapter 9.04 CRIMINAL CODE

§ 9.04.010 Statutes adopted by reference – RCW Titles 9 and 77.

The following sections of RCW Titles 9 and 77, as now or hereafter amended, are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full:

General Provisions
RCW 9.01.055	Citizen immunity in aiding officer scope – When.
RCW 9.01.110	Omission, when not punishable.
RCW 9.01.120	Civil remedies preserved.
RCW 9.01.160	Application to existing civil rights.

Abortion
RCW 9.02.050	Concealing birth.

Abandoned Refrigeration Equipment
RCW 9.03.010	Abandoning, discarding refrigeration equipment.
RCW 9.03.020	Permitting unused equipment to remain on premises.
RCW 9.03.030	Violation of RCW 9.03.010 or 9.03.020.
RCW 9.03.040	Keeping or storing equipment for sale.

Advertising, Crimes Relating to
RCW 9.04.010	False advertising.
RCW 9.04.050	False, misleading, deceptive advertising.
RCW 9.04.070	False, misleading, deceptive advertising – Penalty – Other remedies and penalties not applicable.
RCW 9.04.080	False, misleading, deceptive advertising – Assurance of discontinuance of unlawful practice.
RCW 9.04.090	Advertising fuel prices by service stations.

Anarchy and Sabotage
RCW 9.05.150	Publishing matter inciting breach of peace.

Brands and Marks, Crimes Relating to
RCW 9.16.030	Counterfeiting trademark, brand, etc.
RCW 9.16.040	Displaying goods with false trademark.
RCW 9.16.050	When deemed affixed.
RCW 9.16.070	Form and similitude defined.
RCW 9.16.080	Sales of petroleum products improperly labeled or by wrong grade.
RCW 9.16.090	Sales of petroleum products improperly labeled or by wrong grade – Penalty for violations.

Bidding Offenses – Bribery or Corruption – Offender as Witness
RCW 9.18.120	Suppression of competitive bidding.
RCW 9.18.130	Collusion to prevent competitive bidding.
RCW 9.18.140	Penalty.
RCW 9.18.150	Agreements outside state.

Telecommunications Crime
RCW 9.26A.090	Telephone company credit cards – Publishing number or code – "Publishes" defined.
RCW 9.26A.100	Definitions.
RCW 9.26A.110	Fraud in obtaining telecommunications service – Penalty.
RCW 9.26A.120	Fraud in operating coin-box telephone or other receptacle.
RCW 9.26A.130	Penalty for manufacture or sale of slugs to be used for coin.

Interference with Court
RCW 9.27.015	Interference, obstruction of any court, building or residence – Violations.

False Representations
RCW 9.38.010	False representation concerning credit.
RCW 9.38.015	False statement by a deposit account applicant.
RCW 9.38.020	False representation concerning title.

Fire, Crimes Relating to
RCW 9.40.100(1)	Injuring or tampering with fire alarm apparatus or equipment – Sounding false alarm of fire.

Firearms and Dangerous Weapons
RCW 9.41.010	Terms defined.
RCW 9.41.047	Restoration of possession rights.
RCW 9.41.050	Carrying pistol.
RCW 9.41.060	Exception to restriction on carrying pistol.
RCW 9.41.075	Concealed pistol license revocation.
RCW 9.41.097	Supplying information on persons purchasing pistols or applying for concealed pistol licenses.
RCW 9.41.0975	Officials and agencies immunity, writ of mandamus.
RCW 9.41.098	Forfeiture of firearms, order by courts – Return to owner – Confiscation by law enforcement officer.
RCW 9.41.100	Dealers to be licensed.
RCW 9.41.110	Dealer's licenses, by whom granted and conditions thereof – Wholesale sales excepted – Permits prohibited.
RCW 9.41.120	Certain transfers forbidden.
RCW 9.41.140	Alteration of identifying marks – Exceptions.
RCW 9.41.170	Alien's license to carry firearms – Exceptions.
RCW 9.41.230	Aiming or discharging firearms.
RCW 9.41.240	Use of firearms by minor.
RCW 9.41.250	Dangerous weapons – Evidence.
RCW 9.41.260	Wash. Laws 1994, Chapter 7X, § 425.
RCW 9.41.270	Weapons apparently capable of producing bodily harm, carrying, exhibiting, displaying or drawing unlawful – Penalty – Exceptions.
RCW 9.41.280	Students carrying dangerous weapons on school premises – Penalty – Exceptions.
RCW 9.41.290	State preemption.
RCW 9.41.300	Firearms prohibited in certain places – Local laws and ordinances – Exceptions – Penalty.
RCW 9.41.810	Penalty.
RCW 77.16.250	Loaded firearms in vehicles.
RCW 77.16.260	Shooting firearms from public highway.
RCW 77.16.290	Law enforcement officers exempt.

Forgery
RCW 9.44.080	Misconduct in signing a petition.

Frauds and Swindles
RCW 9.26A.100	Definitions.
RCW 9.26A.110(1)(a)	Fraud in obtaining telecommunications service – Penalty.
RCW 9.26A.120	Fraud in operating coin box telephone or other receptacle.
RCW 9.26A.130	Penalty for manufacturing or sale of slugs to be used for coin.
RCW 9.45.060	Encumbered, leased or rented personal property – Construction.
RCW 9.45.070	Mock auctions.
RCW 9.45.080	Fraudulent removal of property.
RCW 9.45.090	Knowingly receiving fraudulent conveyance.
RCW 9.45.100	Fraud in assignment for benefit of creditors.

Inhaling Toxic Fumes
RCW 9.47A.010	Definition.
RCW 9.47A.020	Unlawful inhalation – Exception.
RCW 9.47A.030	Possession of certain glue prohibited, when.
RCW 9.47A.040	Sales of certain substances prohibited, when.
RCW 9.47A.050	Penalty.

Juries, Crimes Relating to
RCW 9.51.010	Misconduct of officer drawing jury.
RCW 9.51.020	Soliciting jury duty.
RCW 9.51.030	Misconduct of officer in charge of jury.

Libel and Slander
RCW 9.58.010	Libel, what constitutes.
RCW 9.58.020	How justified or excused – Malice, when presumed.
RCW 9.58.030	Publication defined.
RCW 9.58.040	Liability of editors and others.
RCW 9.58.050	Report of proceedings privileged.
RCW 9.58.070	Privileged communications.
RCW 9.58.080	Furnishing libelous information.
RCW 9.58.090	Threatening to publish libel.
RCW 9.58.110	Slander of women.
RCW 9.58.120	Testimony necessary to convict.

Malicious Mischief – Injury to Property
RCW 9.61.230	Telephone calls to harass, intimidate, torment or embarrass.
RCW 9.61.240	Telephone calls to harass, intimidate, torment or embarrass – Permitting telephone to be used.
RCW 9.61.250	Telephone calls to harass, intimidate, torment or embarrass – Offense, where deemed committed.

Malicious Prosecution – Abuse of Process
RCW 9.62.010(2)	Malicious prosecution.
RCW 9.62.020	Instituting suit in name of another.

Nuisance
RCW 9.66.010	Public nuisance.
RCW 9.66.020	Unequal damage.
RCW 9.66.030	Maintaining or permitting nuisance.
RCW 9.66.040	Abatement of nuisance.
RCW 9.66.050	Deposit of unwholesome substance.

Obscenity and Pornography
RCW 9.68.015	Obscene literature, shows, etc. – Exception.
RCW 9.68.030	Indecent articles, etc.
RCW 9.68.050	"Erotic material" – Definition.
RCW 9.68.060 (except (d) (iii))	"Erotic material" – Determination by court – Labeling – Penalties.
RCW 9.68.070	Prosecution for violation of RCW 9.68.060 – Defenses.
RCW 9.68.080	Unlawful acts.
RCW 9.68.100	Exceptions to provisions of RCW 9.68.050 through RCW 9.68.120.
RCW 9.68.110	Motion picture operator or projectionist exempt, when.
RCW 9.68.120	Provisions of RCW 9.68.050 through 9.68.120 exclusive.
RCW 9.68.130	"Sexually explicitly material" – Defined – Unlawful display.

Sexual Exploitation of Children
RCW 9.68A.001	Legislative finding.
RCW 9.68A.011	Definitions.
RCW 9.68A.080	Processors of depictions of minor engaged in sexually explicit conduct – Report required.
RCW 9.68A.090	Communications with minor for immoral purposes.
RCW 9.68A.110	Certain defenses barred, permitted.
RCW 9.68A.120	Seizure and forfeiture of property.
RCW 9.68A.140	Definitions.
RCW 9.68A.150	Allowing minor on premises of live erotic performance.
RCW 9.68A.160	Penalty.
RCW 9.68A.910	Severability.

Obstructing Justice
RCW 9.69.100	Duty of witness of offense against child or any violent offense – Penalty.

Perjury
RCW 9.72.090	Committal of witness – Detention of documents.

Privacy, Violating Right of
RCW 9.73.010	Divulging telegram.
RCW 9.73.020	Opening sealed letter.
RCW 9.73.030	Intercepting or recording private communication – Consent required – Exceptions.
RCW 9.73.080	Intercepting, recording, or divulging private communication – Penalty.
RCW 9.73.090	Certain emergency response personnel exempted from RCW 9.73.030 through 9.73.080 – Standards – Court authorizations – Admissibility.
RCW 9.73.100	Recordings available to defense counsel.

United States and State Flags, Crimes Relating to
RCW 9.86.010	"Flag," etc., defined.
RCW 9.86.020	Improper use of flag prohibited.
RCW 9.86.030	Desecration of flag.
RCW 9.86.050	Penalty.

Miscellaneous Crimes
RCW 9.91.010	Denial of civil rights – Terms defined.
RCW 9.91.025	Unlawful bus conduct.
RCW 9.91.060	Leaving children unattended in parked automobile.
RCW 9.91.110	Metal buyers – Records of purchases – Penalty.
RCW 9.91.130	Disposal of trash in charity donation receptacle.
RCW 9.91.140	Food coupons.
RCW 9.91.160	Personal protection spray devices.

(Ord. 1086 § 1, 1988; Ord. 1239 § 1, 1994; Ord. 1306 § 1, 1996; Ord. 1370 § 1, 1998)

§ 9.04.020 Statutes adopted by reference – RCW Title 9A.

The following sections of the Revised Code of Washington as now or hereafter amended are hereby adopted by reference as part of this chapter as though such sections were set forth herein in full:

Preliminary Article
RCW 9A.04.020	Purposes – Principles of construction.
RCW 9A.04.040	Classes of crimes.
RCW 9A.04.050	People capable of committing crimes – Capability of children.
RCW 9A.04.060	Common law to supplement statute.
RCW 9A.04.070	Who amenable to criminal statutes.
RCW 9A.04.080	Limitation of actions.
RCW 9A.04.100	Proof beyond a reasonable doubt.
RCW 9A.04.110	Definitions.

Principles of Liability
RCW 9A.08.010	General requirements of culpability.
RCW 9A.08.020	Liability for conduct of another – Complicity.
RCW 9A.08.030	Criminal liability of corporations and persons acting or under a duty to act in their behalf.

Insanity
RCW 9A.12.010	Insanity.

Defenses
RCW 9A.16.010	Definitions.
RCW 9A.16.020	Use of force – When lawful.
RCW 9A.16.060	Duress.
RCW 9A.16.070	Entrapment.
RCW 9A.16.080	Action for being detained on mercantile establishment premises for investigation – "Reasonable grounds" as defense.
RCW 9A.16.090	Intoxication.
RCW 9A.16.100	Use of force on children – Policy – Actions presumed unreasonable.
RCW 9A.16.110	Defending against violent crime – Reimbursement.

Anticipatory Offenses
RCW 9A.28.020(e) and (d) (3), (2), (1)	Criminal attempt.
RCW 9A.28.030	Criminal solicitation.
RCW 9A.28.040 Except (3)(a), (b) and (c)	Criminal conspiracy.

Custodial Interference
RCW 9A.40.070	Custodial interference in the second degree.
RCW 9A.40.080	Custodial interference – Assessment of costs – Defense – Consent defense, restricted.

Criminal Mistreatment
RCW 9A.42.010	Definitions.
RCW 9A.42.080	Abandonment of a dependent person in the third degree.
RCW 9A.42.090	Abandonment of a dependent person – Defense.

Sex Offenses
RCW 9A.44.010	Definitions.
RCW 9A.44.096	Sexual misconduct with a minor in the second degree.

Arson, Reckless Burning and Malicious Mischief
RCW 9A.48.010	Definitions.
RCW 9A.48.050	Reckless burning in the second degree.
RCW 9A.48.060	Reckless burning – Defense.
RCW 9A.48.090	Malicious mischief in the third degree.
RCW 9A.48.100	Malicious mischief – "Physical damage" defined.

Interference with Health Care Facilities or Providers
RCW 9A.50.010	Definitions.
RCW 9A.50.020	Interference with health care facility.
RCW 9A.50.030	Penalty.
RCW 9A.50.060	Informational picketing.
RCW 9A.50.070	Protection of health care patients and providers.
RCW 9A.50.900	Construction.
RCW 9A.50.901	Severability.

Burglary and Trespass
RCW 9A.52.010	Definitions.
RCW 9A.52.040	Inference of intent.
RCW 9A.52.050	Other crime in committing burglary punishable.
RCW 9A.52.060	Making or having burglary tools.
RCW 9A.52.070	Criminal trespass in the first degree.
RCW 9A.52.080	Criminal trespass in the second degree.
RCW 9A.52.090	Criminal trespass – Defenses.
RCW 9A.52.100	Vehicle prowling in the second degree.
RCW 9A.52.120	Computer trespass in the second degree.
RCW 9A.52.130	Computer trespass – Commission of other crime.

Theft and Robbery
RCW 9A.56.010	Definitions.
RCW 9A.56 020	Theft – Definition, defense.
RCW 9A.56.050	Theft in the third degree.
RCW 9A.56.060	Unlawful issuance of checks or drafts.
RCW 9A.56.140	Possessing stolen property – Definition – Access devices, presumption.
RCW 9A.56.170	Possessing stolen property in the third degree.
RCW 9A.56.180	Obscuring identity of a machine.
RCW 9A.56.220	Theft of cable television services.
RCW 9A.56.230	Unlawful sale of cable television services.
RCW 9A.56.240	Forfeiture and disposal of device used to commit violation.
RCW 9A.56.270	Shopping cart theft.

Fraud
RCW 9A.60.010	Definitions.
RCW 9A.60.040	Criminal impersonation.
RCW 9A.60.050	False certification.

Defrauding a Public Utility
RCW 9A.61.010	Definitions.
RCW 9A.61.020	Defrauding a public utility.
RCW 9A.61.050	Defrauding a public utility in the third degree.
RCW 9A.61.060	Restitution and costs.
RCW 9A.61.070	Damages not precluded.

Perjury and Interference with Official Proceedings
RCW 9A.72.010	Definitions.
RCW 9A.72.040	False swearing.
RCW 9A.72.050	Perjury and false swearing – Inconsistent statements – Degree of crime.
RCW 9A.72.060	Perjury and false swearing – Retraction.
RCW 9A.72.070	Perjury and false swearing – Irregularities no defense.
RCW 9A.72.080	Statement of what one does not know to be true.
RCW 9A.72.140	Jury tampering.
RCW 9A.72.150	Tampering with physical evidence.

Obstructing Governmental Operation
RCW 9A.76.010	Definitions.
RCW 9A.76.020	Obstructing a public servant.
RCW 9A.76.030	Refusing to summon aid for a peace officer.
RCW 9A.76.040	Resisting arrest.
RCW 9A.76.050	Rendering criminal assistance – Definition of term.
RCW 9A.76.060	Relative defined.
RCW 9A.76.070	Rendering criminal assistance in the first degree.
RCW 9A.76.080	Rendering criminal assistance in the second degree.
RCW 9A.76.090	Rendering criminal assistance in the third degree.
RCW 9A.76.100	Compounding.
RCW 9A.76.130	Escape in the third degree.
RCW 9A.76.160	Introducing contraband in the third degree.
RCW 9A.76.170	Bail jumping.
RCW 9A.76.175	Making a false or misleading statement to a public servant.

Abuse of Office
RCW 9A.80.010	Official misconduct.

Indecent Exposure – Prostitution
RCW 9A.88.010	Indecent exposure.
RCW 9A.88.030	Prostitution.
RCW 9A.88.050	Prostitution – Sex of parties immaterial – No defense.
RCW 9A.88.090	Permitting prostitution.
RCW 9A.88.110	Patronizing a prostitute.
RCW 9A.88.120	Additional fee assessment.

§ 9.04.030 Statutes and amendments adopted by reference.

The Revised Code of Washington statutes cited as adopted by reference in this title are adopted as provided by RCW 35.21.180. Pursuant to RCW 35.21.180, statutes, codes, and ordinances may be adopted by reference, including any portion thereof, amendments thereof, or additions thereto. Such Washington state statutes or codes or other codes or complications so adopted need not be published in the city newspaper of record; provided, however, that not less than one copy of such statute, code or complication and amendment and additions thereto adopted by reference shall be filed for use and examination by the public, in the office of the city clerk prior to adoption thereof.

(Ord. 1086 § 1, 1988; Ord. 1239 § 1, 1994; Ord. 1370 § 1, 1998)

§ 9.04.040 Classification of criminal offenses.

A. Criminal offenses are classified as either gross misdemeanors or misdemeanors.

B. Punishment for Gross Misdemeanors.

1. Every person convicted of a gross misdemeanor defined in MMC Title 9 shall be punished by imprisonment in a municipal jail or a 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 $5,000, or by both such imprisonment and fine.

2. Every person convicted of a gross misdemeanor for which no punishment is prescribed in any ordinance in force at the time of conviction and sentence shall be punished by imprisonment in a municipal jail or a county jail for a maximum term fixed by the court of not more than one year, or by fine in an amount fixed by the court of not more than $5,000, or by both such imprisonment and fine.

3. In the event that any gross misdemeanor adopted pursuant to municipal ordinance establishes a penalty different from a penalty prescribed for that crime by state statute, the penalty prescribed by state statute shall control.

C. Punishment for Misdemeanors.

1. Every person convicted of a misdemeanor defined in MMC Title 9 shall be punished by imprisonment in a municipal jail or a county jail for a maximum term fixed by the court of not more than 90 days, or by a fine in an amount fixed by the court of not more than $1,000, or by both such imprisonment and fine.

2. Every person convicted of a misdemeanor for which no punishment is prescribed in any ordinance in force at the time of conviction and sentence shall be punished by imprisonment in a municipal jail or a county jail for a maximum term fixed by the court of not more than 90 days, or by fine in an amount fixed by the court of not more than $1,000, or by both such imprisonment and fine.

3. In the event that any misdemeanor adopted pursuant to municipal ordinance establishes a penalty different from a penalty prescribed for that crime by state statute, the penalty prescribed by state statute shall control.

D. Specific punishments provided for in any ordinance shall govern if inconsistent with the punishments prescribed under MMC § 9.04.040(B) and (C).

E. Alternative to a Fine – Restitution. RCW 9A.20.030 as now or hereafter amended is adopted by reference as part of the ordinance codified in this chapter:

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 or when the offender pleads guilty to a lesser offense or fewer offenses and agrees with the prosecutor's recommendation that the offender be required to pay restitution to a victim of an offense or offenses which are not prosecuted pursuant to a plea agreement, the court, in lieu of imposing the fine authorized for the offense under the ordinance 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. It shall be the duty of the prosecuting attorney to investigate the alternative of restitution, and to recommend it to the court, when the prosecuting attorney believes that restitution is appropriate and feasible. If the court orders restitution, 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.

(Ord. 1086 § 1, 1988; Ord. 1239 § 1, 1994; Ord. 1370 § 1, 1998)

§ 9.04.050 Statute adopted by reference – RCW Title 46.

The following section of the Revised Code of Washington as now or hereinafter amended is adopted by reference as a part of this chapter in all respects as though such section was set forth herein in full:

RCW 46.61.517

Refusal of alcohol test – Admissibility as evidence.

(Ord. 1182 § 1, 1992; Ord. 1239 § 1, 1994; Ord. 1370 § 1, 1998)