This title is known as and may be referred to as the "criminal code."
(Ord. 1036 § 1, 1993)
(1)
Washington State statutes and State and County regulations adopted by reference in this Title are adopted pursuant to RCW 35A.12.140 as though fully set forth in this Title, and as presently constituted or as may be subsequently amended.
(2)
Not less than one copy of each such statute, code, or regulation as codified, and suitably marked to indicate amendments and additions, is filed in the office of the Des Moines City Clerk and with the Administrator of the Des Moines Municipal Court and is available for use and examination by the public.
(3)
Notwithstanding the RCW sections that are specifically adopted by reference in this Title, all RCW sections that constitute misdemeanors and gross misdemeanors and the RCW sections necessary for the investigation, arrest, prosecution, sentencing, confinement, and enforcement of misdemeanors and gross misdemeanors are hereby adopted by reference as currently enacted, as hereafter amended, as subsequently adopted, or recodified, and shall be given the same force and effect as if set forth herein in full.
(4)
All Class C felony crimes set forth in the RCW are hereby adopted by reference for the purposes of charging a gross misdemeanor for a violation of any of the crimes set forth in chapter 9A.28 RCW, regarding anticipatory offenses, such as criminal attempt, criminal solicitation, or criminal conspiracy.
(Ord. 1036 § 2, 1993; Ord. 1604 § 1, 2014)
(1)
The provisions of this title shall apply to an offense committed on or after June 12, 1993, unless otherwise provided or unless the context otherwise requires, and shall also apply to a defense to prosecution for such an offense.
(2)
The provisions of this title shall not apply to or govern the construction of and punishment for an offense committed prior to June 12, 1993, or to the construction and application of a defense to a prosecution for such an offense. Such an offense is 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.
(Ord. 1036 § 3, 1993)
The following state statutes are adopted by reference and are applicable within the city:
RCW 9.01.055 | Citizen immunity if aiding officer, scope – When. |
RCW 9.01.110 | Omission, when not punishable. |
RCW 9.01.120 | Civil remedies preserved. |
RCW 9.01.130 | Sending letter, when complete. |
RCW 9.01.160 | Application to existing civil rights. |
RCW 9A.04.020 | Purposes – Principles of construction. |
RCW 9A.04.030 | State criminal jurisdiction. |
RCW 9A.04.040 | Classes of crime. |
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.04.090 | Application of general provisions of the code. |
RCW 9A.04.100 | Proof beyond a reasonable doubt. |
RCW 9A.04.110 | Definitions. |
(Ord. 1036 § 4, 1993)
The following state statutes are adopted by reference and are applicable within the City:
RCW 9A.08.010 | General requirements of culpability. |
RCW 9A.08.020 | Liability of conduct of another – Complicity. |
RCW 9A.08.030 | Corporate and personal liability. |
RCW 9A.16.110 | Defending against violent crime – Reimbursement. |
(Ord. 1036 § 5, 1993; Ord. 1604 § 2, 2014)
The following state statutes are adopted by reference and are applicable within the city:
RCW 9A.12.010 | Insanity. |
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. |
(Ord. 1036 § 6, 1993)
The following state statutes are adopted by reference and are applicable within the City:
RCW 7.21.010 | Definitions. |
RCW 7.21.020 | Sanctions – Who may impose. |
RCW 7.21.030 | Remedial Sanctions – Payment for losses. |
RCW 7.21.040 | Punitive Sanctions – Fines. |
RCW 7.21.050 | Sanctions – Summary Imposition – Procedure. |
RCW 7.21.070 | Appellate review. |
(Ord. 1036 § 7, 1993; Ord. 1604 § 3, 2014)
(1)
In adopting the state statutes by reference, only those crimes and offenses within the jurisdiction of a municipality are adopted and, in those sections adopted that deal with both misdemeanors and felonies, only the language applicable to misdemeanors and gross misdemeanors is applied.
(2)
In adopting the state statutes by reference, references to the word "state" are construed to mean and refer to the city.
(Ord. 1036 § 9, 1993)
The following state statute is adopted by reference and is applicable within the City:
RCW 7.80.160 | Failure to exercise notice options – Failure to satisfy penalty. |
(Ord. 1036 § 10, 1993; Ord. 1048 § 1, 1993; Ord. 1604 § 4, 2014)
(1)
Whenever a person is convicted of a crime, the person may be required to pay court costs and recoupment along with any fine imposed.
(2)
On failure to pay a fine, costs, or recoupment the defendant may be committed to jail until the judgment is paid in full. A defendant who has been committed shall be discharged upon the payment for the part of the fine and costs as remains unpaid after deducting from the whole amount any previous payment, and after deducting the amount allowed for each day of imprisonment.
(4)
All other proceedings in respect of the fine and costs are the same as in like cases in Superior Court.
(Ord. 1036 § 11, 1993; Ord. 1604 § 5, 2014)
The following state statute is adopted by reference and is applicable within the City:
RCW 10.01.160 | Costs – What constitutes – Payment by defendant – Procedure – Remission – Medical or mental health treatment or services. |
(Ord. 1103 § 1, 1994; Ord. 1604 § 6, 2014)