LACEY MUNICIPAL CODE
A
Codification of the General Ordinances of the City of Lacey, Washington
Title 9: PUBLIC PEACE,
SAFETY AND MORALS
Chapter 9.12
CRIMES AGAINST THE PERSON[1]
Sections:
9.12.010 Simple
assault
9.12.015 Interfering
with reporting of domestic violence
9.12.020 Reckless
endangerment
9.12.030 Coercion
9.12.040 Custodial
interference
9.12.045 Custodial
interference assessment of costs defenses
9.12.050 Intimidating
phone calls or Electronic Communication
9.12.060 Harassment
9.12.065 Violation
of Sections 9.12.050 and 9.12.060
9.12.068 Stalking
9.12.070 Domestic
violence
9.12.072 Harassment
crimes defined
9.12.074 Other
penalties and remedies
9.12.076 Enforcement
and adjudication of Sections 9.12.070--9.12.074 in accordance with Revised Code
of Washington Ch. 10.99
9.12.010 Simple assault.
A. A person is
guilty of simple assault if he commits an assault or an assault and battery
upon the person of another.
B. Simple
assault is a gross misdemeanor. (Ord. 499 §2 (part), 1978).
9.12.015 Interfering with
reporting of domestic violence.
A. A person
commits the crime of interfering with the reporting of domestic violence if the
person:
1. Commits a crime of domestic violence, as defined in the Lacey Municipal Code 9.12.072; and
2. Prevents or attempts to prevent the victim of or a witness to that domestic violence crime from calling a 911 emergency communication system, obtaining medical assistance, or making a report to any law enforcement official.
B. Commission
of a crime of domestic violence under subsection (A) of this section is a
necessary element of the crime of interfering with the reporting of domestic
violence.
C. Interference with the reporting of domestic violence is a gross
misdemeanor. (Ordinance 1076, §1, 1998).
9.12.020 Reckless endangerment.
A. A person is
guilty of reckless endangerment if he recklessly engages in conduct which
creates a substantial risk of death or serious physical injury to another
person.
B. A person who
drives a vehicle in a roadway construction zone in such a manner as to endanger
or be likely to endanger any persons or property, or who removes, evades, or
intentionally strikes a traffic safety or control device is guilty of reckless
endangerment of roadway workers.
C. Violation of
subsection A. or B. of this section shall constitute a gross misdemeanor. (Ord.
1001 §2, 1994; Ord. 499 §2 (part), 1978).
9.12.030 Coercion.
A. A person is
guilty of coercion if by use of a threat he compels or induces a person to
engage in conduct which the latter has a legal right to abstain from, or to
abstain from conduct which he has a legal right to engage in.
B. As used in
this section, “threat” means a communication, direct or indirect, of the intent
to:
1. Immediately use force against any person who is present at the time; or
2. Cause bodily injury in the future to the person threatened or to any other person; or
3. Cause physical damage to the property of a person other than the actor; or
4. Subject the person threatened or any other person to physical confinement or restraint.
C. Coercion is
a gross misdemeanor. (Ord. 499 §2 (part), 1978).
9.12.040 Custodial
interference.
A. A relative
of a person is guilty of custodial interference if, with the intent to deny
access to such person by a parent, guardian, institution, agency, or other
person having a lawful right to physical custody of such person, the relative
takes, entices, retains, detains, or conceals the person from a parent,
guardian, institution, agency, or other person having a lawful right to
physical custody of such person. This subsection shall not apply to a
parent’s noncompliance with a court ordered parenting plan.
B. A parent of
a child is guilty of custodial interference if:
1. The parent takes, entices, retains, detains, or conceals the child, with the intent to deny access, from the other parent having the lawful right to time with the child pursuant to a court ordered parenting plan; or
2. The parent has not complied with the residential provisions of a court ordered parenting plan after a finding of contempt under Revised Code of Washington 26.09.160(3); or
3. If the court finds that the parent has engaged in a pattern of willful violations of the court ordered residential provisions.
4. Nothing in subsection B.2. shall prohibit conviction of custodial interference under subsection B.1. or subsection B.3. in the absence of a finding of contempt.
C. Custodial
interference is a gross misdemeanor, provided, however, that should state law
provide for a higher grade of offense for multiple violations of the acts
prohibited by Section 9.12.040 said state law shall prevail. (Ord. 1076
§2, 3, 1998; Ord. 499 §2 (part), 1978).
9.12.045 Custodial interference
assessment of costs defenses.
A. Any
reasonable expenses incurred in locating or returning a child or incompetent
person shall be assessed against a defendant convicted under Lacey Municipal
Code 9.12.040.
B. In any
prosecution for custodial interference it is a complete defense, if established
by the defendant by a preponderance of the evidence, that:
1. The defendant’s purpose was to protect the child, incompetent person, or himself or herself from imminent physical harm, that the belief in the existence of the imminent physical harm was reasonable, and that the defendant sought the assistance of the police, sheriff’s office, protective agencies, or the court of any state before committing the acts giving rise to the charges or within a reasonable time thereafter;
2. The complainant had, prior to the defendant committing the acts giving rise to the crime, for a protracted period of time, failed to exercise his or her rights to physical custody or access to the child under a court ordered parenting plan or order granting visitation rights, provided that such failure was not the direct result of the defendant’s denial of access to such person;
3. The acts giving rise to the charges were consented to by the complainant; or
4. The offender, after providing or making a good faith effort to provide notice to the person entitled to access to the child, failed to provide access to the child due to reasons that a reasonable person would believe were directly related to the welfare of the child, and allowed access to the child in accordance with the court order within a reasonable period of time. The burden of proof that the denial of access was reasonable is upon the person denying access to the child.
C. Consent of a
child less than sixteen years of age or of an incompetent person does not
constitute a defense to an action under Lacey Municipal Code 9.12.040.
(Ord. 1076 §4, 1998).
9.12.050 Intimidating phone
calls. A
person is guilty of a gross misdemeanor if such person, with intent to harass,
intimidate, torment or embarrass any other person, shall make a telephone call
or electronic communication to such other person or a third party:
A. Using any
lewd, lascivious, profane, indecent, or obscene words or language, or
suggesting the commission of any lewd or lascivious act; or
B. Anonymously
or repeatedly or at an extremely inconvenient hour, whether or not conversation
ensues; or
C. Threatening
to inflict injury on the person or property of the person called or any member
of his or her family or household.
Notwithstanding the gross misdemeanor classification
called for herein, should state law provide for a higher grade offense for
multiple violations of the acts prohibited by this section, said state
law shall prevail. For purposes of this section, “electronic communication”
means the transmission of information by wire, radio, optical cable,
electromagnetic, or other similar means. “Electronic communication” includes
but is not limited to electronic mail, internet-based communications, pager
service, and electronic text messaging. (Ord. 1335 §2, 2009).
9.12.060 Harassment.
A. A person is
guilty of harassment if without lawful authority, the person knowingly
threatens:
1. To cause bodily injury immediately or in the future to the person threatened or to any other person; or
2. To cause physical damage to the property of a person other than the actor; or
3. To subject the person threatened or any other person to unlawful physical confinement or restraint; or
4. Maliciously to do any other act which is intended to harm substantially the person threatened or another with respect to his or her physical or mental health, safety, financial condition, or personal relationships, and the person by words or conduct places the person threatened in reasonable fear the threat will be carried out.
B. A person who
harasses another is guilty of a gross misdemeanor; provided, however, that
should state law provide for a higher grade of offense for multiple violations
of the acts prohibited by this section, said state law shall prevail. (Ord.
1076 §5, 1998; Ord. 703 §2, 1984).
9.12.065 Violation of Sections
9.12.050 and 9.12.060. Any offense committed in violation of Section 9.12.050 or 9.12.060 may
be deemed to have been committed where the conduct occurred or at the place
from which the threat or threats or telephone call or electronic communication
was made or at the place where the threat or threats or telephone call or
electronic communication was received. (Ord. 1335 §3, 2009).
9.12.068 Stalking.
A. A person
commits the crime of stalking if, without lawful authority and under the
circumstances not amounting to a felony attempt of another crime:
1. He or she intentionally and repeatedly harasses or repeatedly follows another person; and
2. The person being harassed or followed, is placed in fear that the stalker intends to injure the person, another person, or property of the person or of another person. The feeling of fear must be one that a reasonable person in the same situation would experience under all the circumstances; and
3. The stalker either:
a. intends
to frighten, intimidate, or harass the person; or
b. knows
or reasonably should know that the person is afraid, intimidated, or harassed
even if the stalker did not intend to place the person in fear or intimidate or
harass the person.
B. It is not a defense to the crime of stalking under subsections
A.3.a of this section that the stalker was not given actual notice that the
person did not want the stalker to contact or follow the person; and
1. It is not a defense to the crime of stalking under subsection (A) (3) (a) of this section that the stalker did not intend to frighten, intimidate or harass the person.
C. It
shall be a defense to the crime of stalking that the defendant is a licensed
private investigator acting within the capacity of his or her license as
provided in Revised Code of Washington 18.165.
D. Attempts to
contact or follow the person after being given actual notice that the person
does not want to be contacted or followed constitute prima facie evidence that
the stalker intends to initimidate or harass the person. “Contact” includes, in
addition to any other form of contact or communication, the sending of an
electronic communication to the person.
E. As used in
this section:
1. “Follows” means deliberately maintaining visual or physical proximity to a specific person over a period of time. A finding that the alleged stalker repeatedly and deliberately appears at the person’s home, school, place of employment, business, or annoy other location to maintain visual or physical proximity to the person is sufficient to find that the alleged stalker follows the person. It is not necessary to establish that the alleged stalker follows the person while in transit from one location to another.
2. “Protective order” means any temporary or permanent court order prohibiting or limiting violence against, harassment of, contact or communication with, or physical proximity to another person.
3. “Repeatedly” means on two or more separate occasions. (Ord. 1335 §4, 2009).
9.12.070 Domestic violence.
A. Because of
the likelihood of repeated harassment directed at those who have been victims
of harassment in the past, and because of the serious nature of domestic
violence, when any defendant is arrested for a crime involving harassment or
domestic violence and is released from custody before trial on bail or personal
recognizance, the court authorizing the release may enter a protective order as
set forth in this section. Upon arraignment of any person charged with a crime
involving harassment or domestic violence, the court shall determine the
necessity of imposing a protective order pending trial. Further, if a defendant
is convicted of a crime involving harassment or domestic violence, the court
shall consider entering a protective order. A protective order under the terms
of this section, may require that the defendant:
1. Not have any contact with the victim or victims;
2. Stay away from the home, school, business, or place of employment of a victim or victims of the alleged offense;
3. Refrain from harassing, intimidating, threatening, or otherwise interfering with the victim or victims of the alleged offense and such other persons, including but not limited to members of the family or household of the victim, as shall be specifically named by the court in the order.
B. If the court
has probable cause to believe that the defendant is likely to use or display or
threaten to use a deadly weapon as defined in Revised Code of Washington
9A.04.110 in any further acts of harassment or violence, the court may also
require the defendant to surrender any deadly weapon in the defendant’s
immediate possession or control, or subject to the defendant’s immediate
possession or control, to the city’s police chief or to the defendant’s counsel
for safe keeping.
C. Willful
violation of a court order issued under this section or of a restraining order
or other protective order issued by a court pursuant to Revised Code of
Washington Title 26 or Revised Code of Washington Chapter 10.99, or similar
statute or ordinance is a gross misdemeanor; provided however, that should
state law provide for a higher grade of offense for multiple violations of the
acts prohibited by Section 9.12.070, state law shall prevail. The written
order issued pursuant to this section shall contain the court’s directives and
shall bear the legend: Violation of this order is a criminal offense
under Section 9.12.070 of the Lacey Municipal Code or similar ordinance or
statute and will subject a violator to arrest. Any assault or reckless
endangerment which violates this order is a felony. You can be arrested
even if any person protected by this order invited or allows you to violate the
order’s prohibitions. You have the sole responsibility to avoid or
refrain from violating the order’s provisions. Only the court can change
the order.
A certified copy of the order
shall be provided to the victim.
D. A willful
violation of a court order issued under Lacey Municipal Code 9.12.060 or
similar ordinance, or statute is a misdemeanor. A willful violation of a
court order charged as domestic violence under Lacey Municipal Code 9.12.060 or
similar statute ordinance is a gross misdemeanor. The written order
releasing the defendant shall contain the court’s directions and shall bear the
legend: Violation of this order is a criminal offense under Lacey
Municipal Code 9.12.070.D. or similar ordinance or statute and will subject the
violator to arrest. A certified copy of the order shall be provided to
the victim by the clerk of the court. (Ord. 1076 §6, 1998; Ord. 703 §4,
1984).
9.12.072 Harassment crimes
defined. The
term “harassment” as used in Section 9.12.070, may include, but is not limited
to any of the following crimes:
A. Simple
assault (Lacey Municipal Code 9.12.010)
B. Reckless
endangerment (Lacey Municipal Code 9.12.020)
C. Coercion
(Lacey Municipal Code 9.12.030)
D. Custodial
interference (Lacey Municipal Code 9.12.040)
E. Telephone
intimidation or harassment (Lacey Municipal Code 9.12.050)
F. Harassment
(Lacey Municipal Code 9.12.060)
G. Criminal
trespass in the first degree (Lacey Municipal Code 9.28.080)
H. Criminal
trespass in the second degree (Lacey Municipal Code 9.28.090)
I. Malicious
mischief in the third degree (Lacey Municipal Code 9.28.020)
J. Malicious
harassment (Revised Code of Washington 9A.36.080)
K. Assault in
the first degree (Revised Code of Washington 9A.36.010)
L. Assault in
the second degree (Revised Code of Washington 9A.36.020)
M. Extortion in
the first degree (Revised Code of Washington 9A.56.120)
N. Extortion
in the second degree (Revised Code of Washington 9A.56.130)
O. Burglary in
the first degree (Revised Code of Washington 9A.52.020)
P. Burglary in
the second degree (Revised Code of Washington 9A.52.030)
Q. Malicious
mischief in the first degree (Revised Code of Washington 9A.48.070)
R. Malicious
mischief in the second degree (Revised Code of Washington 9A.48.080)
S. Kidnapping
in the first degree (Revised Code of Washington 9A.40.020)
T. Kidnapping
in the second degree (Revised Code of Washington 9A.40.030)
U. Unlawful
imprisonment (Revised Code of Washington 9A.40.040)
V. Rape in the
first degree (Revised Code of Washington 9A.44.040)
W. Rape in the
second degree (Revised Code of Washington 9A.44.050)
X. Rape in the
third degree (Revised Code of Washington 9A.44.060)
Y. Indecent
liberties (Revised Code of Washington 9A.44.100)
Z. Violation of
the provisions of a restraining order temporary, permanent, or final protective
order issued by a court pursuant to Title 26, 7.90, 9A.46, 10.14, 10.99 of the
Revised Code of Washington, including the provisions of Chapter 263, Laws of
1984.
AA. Violation
of the provisions of a protective or no-contact order issued by a court
pursuant to Section 9.12.070 of the Lacey Municipal Code.
BB. Rape of a
child in the first degree (Revised Code of Washington 9A.44.073).
CC. Rape of a
child in the second degree (Revised Code of Washington 9A.44.076).
DD. Rape of
child in the third degree (Revised Code of Washington 9A.44.079).
EE. Child
molestation in the first degree (Revised Code of Washington 9A.44.083).
FF. Child
molestation in the second degree (Revised Code of Washington 9A.44.086).
GG. Child
molestation in the third degree (Revised Code of Washington 9A.44.089).
HH. Stalking
(Revised Code of Washington 9A.46.110) or Lacey Municipal Code 9.12.068.
II.
Cyberstalking (Revised Code of Washington 9.61.260).
JJ.
Residential burglary (Revised Code of Washington 9A.52.025).
KK. Unlawful
discharge of a laser in the first degree (Revised Code of Washington
9A.49.020); and
LL. Unlawful discharge of a laser in the second
degree (Revised Code of Washington 9A.49.030).
The term “domestic violence” includes, but is not
limited to the commission of any of the crimes listed under the definition of
“harassment” when such a crime is committed by one family or household member
against another.
The term “family or household members” means spouses,
former spouses, adult persons related by blood or marriage, adult persons who
are presently residing together or who have resided together in the past, and
persons who have a child in common regardless of whether they have been married
or have lived together at any time, persons sixteen years of age or older who
are presently residing together or who have resided together in the past and
who have or have had a dating relationship, persons sixteen years of age or
older with whom a respondent sixteen years of age or older has or has had a
dating relationship, and persons who have a biological or legal parent-child
relationship, including stepparents and stepchildren and grandparents and
grandchildren.
The term “dating relationship” means a social
relationship of a romantic nature. Factors that the court may consider in
making this determination include: 1) The length of time the relationship has
existed; 2) The nature of the relationship; and 3) The frequency of interaction
between the parties. (Ord. 1335 §5, 2009; Ord. 1001 §3, 1994; Ord. 703
§5, 1984).
9.12.074 Other penalties and
remedies.
A. The
penalties and remedies provided in Sections 9.12.050 through 9.12.076 shall not
preclude the victims of the crimes listed in said sections from seeking any
other remedies otherwise available under law.
B. Upon
conviction of simple assault, coercion, stalking, reckless endangerment or
criminal trespass in the first degree against a member of the defendant’s
family or household, as defined in Lacey Municipal Code 9.12.072 or upon the
violation of the provisions of a protective order or no contact order
restraining or excluding the defendant from a residence, or upon conviction of
a similar crime or violation of a similar order, the court shall notify the
person orally and in writing that the person must immediately surrender any
concealed pistol license and that the person may not possess firearms unless
his or her right to do so is restored by a court of record. (Ord. 1076
§7, 1998; Ord. 703 §6, 1984).
9.12.076 Enforcement and
adjudication of Sections 9.12.070--9.12.074 in accordance with Revised
Code of Washington Ch. 10.99. All procedures to be followed by the court,
clerk of the court, and law enforcement officers in enforcing and adjudicating
the terms of Sections 9.12.070 through 9.12.074 of this code shall be in
accordance with Revised Code of Washington
Chapter 10.99 relating to domestic violence. (Ord. 703 §7, 1984).
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City of Lacey,
Washington, USA
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