City of Lacey, Washington Municipal Code Title 9, Chapter 9.32

LACEY MUNICIPAL CODE

A Codification of the General Ordinances of the City of Lacey, Washington

Title 9: PUBLIC PEACE, SAFETY AND MORALS

Chapter 9.32

CRIMES AGAINST GOVERNMENT OPERATION

Sections:

9.32.010 Definitions

9.32.020 Criminal impersonation

9.32.030 Obstructing a law enforcement officer

9.32.040 Resisting arrest

9.32.050 Rendering criminal assistance

9.32.060 Introducing contraband

9.32.070 Compounding

9.32.080 Escape

9.32.090 Refusing to summon aid for a peace officer

9.32.100 Failure to appear

9.32.110 Official misconduct

9.32.010 Definitions. As used in this chapter, “official detention” means:

A. Restraint pursuant to a lawful arrest; or

B. Any facility used for the confinement of a person arrested, charged or convicted of an offense or for confinement pursuant to a court order or other legal authority; or

C. Official custody incident to any of the foregoing for purposes of work release, court appearances, transportation, recreation, medical treatment and other incidental purposes. (Ord. 499 §2 (part), 1978).

9.32.020 Criminal impersonation.

A. A person is guilty of criminal impersonation if he:

1. Assumes a false identity and does an act in his assumed character with intent to defraud another or for any other unlawful purpose; or

2. Pretends to be a representative of some person or organization or a public servant and does an act in his pretended capacity with intent to defraud another or for any other unlawful purpose.

B. Criminal impersonation is a gross misdemeanor. (Ord. 499 §2 (part), 1978).

9.32.030 Obstructing a law enforcement officer.

A. A person is guilty of obstructing a law enforcement officer if the person:

1. Knowingly makes a false or misleading material statement to a law enforcement officer. “Material Statement” means a written or oral statement reasonably likely to be relied upon by a law enforcement officer in the discharge of his or her official powers or duties.

2. Willfully hinders, delays, obstructs or interferes with any law enforcement officer in the discharge of his or her official powers or duties. Interfering with a law enforcement officer shall include but not be limited to failing to leave the area of an arrest, custody or stop, after being directed to leave the area by a law enforcement officer known by the person to be such an officer or returning to the area of an arrest, custody or stop after being directed to stay away from the area by a law enforcement officer known by the person to be such an officer. For purposes of this subsection, the area of an arrest, custody or stop is located in a ten foot radius from where a law enforcement officer is arresting, stopping or taking custody of a person and exists for so long as it takes the officer either to actually restrain a person or to terminate the stop.

B. “Law enforcement officer” means any general authority, limited authority, or specially commissioned Washington peace officer or federal peace officer as those terms are defined in Revised Code of Washington 10.93.020, and other public officers who are responsible for enforcement of fire, building, zoning, and life and safety codes.

C. Obstructing a law enforcement officer is a gross misdemeanor. (Ord. 1076 §11, 1998; Ord. 1001 §7-8, 1994; Ord. 499 §2 (part), 1978).

9.32.040 Resisting arrest.

A. A person is guilty of resisting arrest if he intentionally prevents or attempts to prevent a peace officer from lawfully arresting him.

B. Resisting arrest is a misdemeanor. (Ord. 499 §2 (part), 1978).

9.32.050 Rendering criminal assistance.

A. A person is guilty of rendering criminal assistance if, with intent to prevent, hinder or delay the apprehension or prosecution of another person who he knows has committed a Class B or C felony, a gross misdemeanor or a misdemeanor, as defined in Revised Code of Washington Title 9A or in this title, or is being sought by law enforcement officials for the commission of such a crime, or has escaped from official detention, he:

1. Harbors or conceals such person; or

2. Warns such person of impending discovery or apprehension; or

3. Provides such person with money, transportation, disguise or 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.

B. Rendering criminal assistance is a gross misdemeanor if the person assisted has committed or is being sought for a Class B or C felony as defined in Revised Code of Washington Title 9A.

C. Rendering criminal assistance is a misdemeanor if the person assisted has committed or is being sought for a gross misdemeanor or a misdemeanor or is the husband, wife, brother, sister, parent or child of the person rendering criminal assistance. (Ord. 499 §2 (part), 1978).

9.32.060 Introducing contraband.

A. A person is guilty of introducing contraband if he knowingly and unlawfully provides contraband to any person held in official detention.

B. As used in this section, “contraband” means any article or thing which a person in official detention is prohibited from obtaining or possessing by statute, rule, regulation, or order of a court, and any weapon, implement of escape, intoxicating liquor, opium, morphine or other narcotic.

C. Introducing contraband is a misdemeanor. (Ord. 499 §2 (part), 1978).

9.32.070 Compounding.

A. A person is guilty of compounding if he requests, accepts or agrees to accept any pecuniary benefit, or confers or offers or agrees to confer any pecuniary benefit upon another pursuant to an agreement or understanding that the person receiving the pecuniary benefit will refrain from initiating a prosecution for a crime or offense.

B. As used in this section, “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.

C. In any prosecution for compounding, 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 or offense.

D. Compounding is a gross misdemeanor. (Ord. 499 §2 (part), 1978).

9.32.080 Escape.

A. A person is guilty of escape if he escapes from official detention or fails to return to official detention following temporary leave without lawful authority.

B. Escape is a gross misdemeanor. (Ord. 499 §2 (part), 1978).

9.32.090 Refusing to summon aid for a peace officer.

A. A person is guilty of refusing to summon aid for 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.

B. Refusing to summon aid for a peace officer is a misdemeanor. (Ord. 499 §2 (part), 1978).

9.32.100 Failure to appear.

A. A person is guilty of failure to appear if, having been released by court order or admitted to bail with the requirement of a subsequent personal appearance before any court having jurisdiction over offenses under the Lacey Municipal Code, he knowingly fails without lawful excuse to appear as required. Unless otherwise established, the failure to appear when required shall be inferred to have been without lawful excuse.

B. Failure to appear is a misdemeanor. (Ord. 499 §2 (part), 1978).

9.32.110 Official misconduct.

A. 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, he intentionally:

1. Commits an unauthorized act under color of law; or

2. Refrains from performing a duty imposed upon him by law.

B. Official misconduct is a gross misdemeanor. (Ord. 499 §2 (part), 1978).

City of Lacey, Washington, USA