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HomeMy WebLinkAbout4078 Title 9A Criminal Code, Chapters 9.01 through 9.13. PrOvi~eHsERtE~aS~ ~c~0t~es°fo~h~hJeU~sC~ cC~aU~ts mIamypr'~mV~senetaA~tun~sfhlme98nt4 ~mnpPr ~mnSen~h~nVit~lea~t~i ~aY i ~r fdiornaonnC~Sy~°art, t ~r e~oC~ds $u5c~ 0 ~ ~e00an° imprisonment; and WHEREAS, the Domestic Violence Act of 1979 and the Domestic Violence Prevention Act of 1984 encourage the adoption by cities of misdemeanor provisions in order to accomplish the purposes of those acts; now, therefore THE CITY COUNCIL OF THE CITY OF BREMERTON DOES ORDAIN SECTION 1. The following ordinance of the Bremerton Municipal Code is hereby repealed: Ordinance No. 3936 (1984). SECTION 2. The following ordinances of the Bremerton Municipal Code are hereby repealed: Ordinance No. 3396 (1977) and Ordinance No. 857, Section 1 and 2, (1926). SECTION 3. The following ordinances of the Bremerton Municipal Code are hereby repealed: Ordinance No. 3529, Section 2, Articles I-X, XII and XIII (1979) Ordinance No. 3691 (1982) Ordinance No. 3696 (1982) Ordinance No. 3716 (1982) Ordinance No. 3720 (1982) Ordinance No. 3728 (1982) Ordinance No. 3735 (1982) Ordinance No. 3738 (1982) Ordinance No. 3821 (1983) Ordinance No. 3826 (1983) Ordinance No. 3829 (1983) Ordinance No. 3833 (1983) Ordinance No. 3848 (1983) Ordinance No. 3849 (1983) Ordinance No. 3877 (1983) Ordinance No. 3891 (1984) SECTION 4. There is hereby established, by the adoption of Sections 6 through 118, a revised Criminal Code, to be entitled Title 9A, Criminal Code, Chapters 9.01 through 9.13, and dated incorporated herein by reference, one copy of which has been and shall remain on file with the City Clerk for public inspection. The City Clerk, pursuant to RCW 35A.12.140, shall authenticate and record in the City records a copy of said Code along with the adopting ordinance. SECTION 5. Incident to the adoption by reference of certain state laws and the Revised Code of Washington, one copy of the text of the statutes adopted by reference in this ordinance shall be filed as required by RCW 35A.12.140 for use and examination by the public. SECTION 6. Application of General Provisions of the Code. The provisions of Section 7 and Section 16 of this title are applicable to offenses defined by this title unless this title specifically provides otherwise. SECTION 7. Purposes - Principles of construction. RCW 9A.04.020 is hereby adopted.by reference. SECTION 8. Proof beyond a reasonable doubt. RCW 9A.04.100 is hereby adopted by reference. SECTION 9. Common law to supplement ordinances. The provisions of the common law relating to the commission of crime and the punishment thereof, insofar as not inconsistent with the Constitution and statutes of the State of Washington and with the Charter and Ordinances of the City of Bremerton, shall supplement all ordinances of this title. SECTION 10. Sending letter, when complete. RCW 9.01.110 is hereby adopted by reference. SECTION 11. Definitions. RCW 9A.04.130 is hereby adopted by reference. SECTION 12. Severabilit¥. If any provision of the criminal code contained in this title, or its application to any person or circumstance is held invalid, the remainder of the ordinance, or the application of the provision to other persons or circumstances is not affected, and to this end the provisions of this code are declared to be severable. SECTION 13. Offenses will be crimes. Every offense defined by this title or conduct made unlawful thereby shall constitute a crime. Crimes will be designated as misdemeanors or gross misdemeanors. Any offense contained in this Chapter not otherwise designated shall constitute a misdemeanor. SECTION 14. Penalties. 1. Every person convicted of a gross misdemeanor shall, unless otherwise specified, be punished by a fine not to exceed $5,000.00 or by imprisonment in the City jail for a term not to exceed one year, or by both such fine and impr i sonment. 2. Every person convicted of a misdemeanor shall, unless otherwise specified, be punished by a fine not to exceed $1,000.00 or by imprisonment in the City jail for a term not to exceed 90 days or by both such fine and imprisonment. SECTION 15. Enforcement. 1. Application. The provisions of this chapter are applicable to offenses defined by this title or another ordinance, unless this title or such other ordinance specifically provides otherwise. 2. Costs of Prosecution. Whenever anyone is convicted of an offense under any section of this penal code, or section of any other City ordinance, in addition to the fine imposed, he must pay the costs of prosecution. In default of such payment, he shall be imprisoned until such fine is paid or worked out on the basis of twenty-five dollars per each day of imprisonment. SECTION 16. Restitution. In addition to the penalties provided elsewhere in this chapter, the court, at the court's discretion, may order the defendant to make restitution to the victim of the ordinance violation. Restitution shall be made by payment of a sufficient sum to the victim to pay the victim for damages and losses caused by the ordinance violation. Such restitution shall be ordered to be paid in a lump sum, forthwith, unless the court finds that the defendant cannot pay the amount in a lump sum, in which case restitution shall be ordered to be paid in installments. A defendant's poverty shall not prevent the court from ordering restitution, provided that the defendant's poverty shall be considered in fixing the amounts of monthly payments. If conditions change, the court may order a change in the amounts of installments or in the frequency of payment of installments. Nothing in this section shall be interpreted as preventing any victim of a crime from prosecuting a civil suit for damages resulting from a violation of this ordinance. SECTION 17. General requirement of culpability. RCW 9A. 08.010 is hereby adopted by reference. SECTION 18. Liability of conduct of another, complicity. RCW 9A.08.020 is hereby adopted by reference. SECTION 19. Criminal liability of corporations and persons acting under a duty to act in their behalf. RCW 9A.08.030 is hereby adopted by reference, excluding subsection (5) thereof. SECTION 20. Omission, when not punishable. RCW 9.01.110 is hereby adopted by reference. SECTION 21. People capable of committing crimes - children. RCW 9A.04.050 is hereby adopted by reference. SECTION 22. Citizen immunity if aiding officer. RCW 9.01.055 is hereby adopted by reference. SECTION 23. Definitions. RCW 9A.16.010 is hereby adopted by reference. SECTION 24. Use of force - When lawful. RCW 9A.16.020 is hereby adopted by reference. SECTION 25. Duress. RCW 9A.16.060 is hereby adopted by reference. SECTION 26. Insanity. RCW 9A.12.010 is hereby adopted by reference. SECTION 27. Intoxication. RCW 9A.16.090 is hereby adopted by reference. SECTION 28. Entrapment. RCW 9A.16.070 is hereby adopted by reference. SECTION 29. Action for being detained on merchantile establishment premises for investigation- "Reasonable grounds" as defense. RCW 9A.16.080 is hereby adopted by reference. SECTION 30. Alcoholic beverage control - Enforcement. The following statutes of the State of Washington are adopted by reference and wherever the word "title" or words "this title" are used therein the same shall be construed to mean and refer to RCW Title 66 and "this act" shall mean and refer to the Washington State Liquor Act: RCW 66.04.010 Definitions RCW 66.04.011 "Public place" not to include certain parks picnic areas RCW 66.08.010 Title liberally construed RCW 66.20.160 "Card of identification", "Licensee", "store employee" defined for certain purposes RCW 66.20.200 Unlawful acts relating to card of identi- fication and certification card RCW 66.28.080 Permit for music and dancing upon licensed premises RCW 66.28.090 Licensed premises open for inspection-- Failure to allow RCW 66.44.010 Local officers to enforce law--Authority of board--Liquor enforcement officers RCW 66.44.040 Sufficiency of description of offenses in complaints, informations, process, etc. RCW 66.44.050 Description of offense in words of statutes --Proof required RCW 66.44.060 Proof of unlawful sale establishes prima facie intent RCW 66.44.070 Certified analysis is prima facie evidence of alcoholic content RCW 66.44.080 Service of process on corporation RCW 66.44.090 Acting without license RCW 66.44.100 Opening or consuming liquor in public places RCW 66.44.130 Sales of liquor by drink or bottle RCW 66.44.150 Buying liquor illegally RCW 66.44.160 Illegal possession, transportation of alcoholic beverages RCW 66.44.170 Illegal possession of liquor with intent to sell--prima facie evidence, what is RCW 66.44.175 Violations of law RCW 66.44.180 Jurisdiction RCW 66.44.200 Sales to persons apparently under the influence of liquor RCW 66.44.210 Obtaining liquor for ineligible person RCW 66.44.240° Drinking in public conveyance--Penalty against carrier RCW 66.44.250 --Penalty against individual RCW 66.44.280 Minor applying for permit RCW 66.44.290 Minor purchasing liquor RCW 66.44.291 Minor purchasing or attempting purchase liquor--Penalty RCW 66.44.300 Treating minor, etc., in public place where liquor sold RCW 66.44.310 Minors frequenting tavern--Misrepresenta- tion of age--Classification of licenses RCW 66.44.316 Musicians eighteen years and older permitted to enter and remain upon licensed premises dur lng e~,ployment RCW 66.44.320 Sales of liquor to minors a violation RCW 66.44.325 Unlawful transfer to a minor of an identi- fication of age RCW 66.44.340 Employees eighteen years and over allowed to sell and carry beer and wine for class E and/or F licensed employees RCW 66.44.350 Employees eighteen years and over allowed to serve and carry liquor, clean up, etc. for class A, C, D and/or H licensed employers RCW 66.44.370 Resisting or opposing officers in enforce- ment of title SECTION 31. Furnishinq liquor to minors-Possession, Use and Penalty. A. Except in the case of liquor given or permitted to be given to a person under the age of twenty-one years by his parent or guardian for beverage or medicinal pur- poses, or administered to him by his physician or dentist for medicinal purposes, no person shall give or otherwise supply liquor to any person under the age of twenty-one years, or permit any persons under that age to consume liquor on his premises or on any premise under his control. B. It is unlawful for any person under the age of twenty- one years to acquire or have in his possession or consume any liquor except as in this section provided or when such liquor is being used in connection with religious services. C. Every person guilty of a violation of this section shall be liable, on conviction for a first offense to a penalty of not more than five hundred dollars, or to imprisonment for not more than two months, or both; for a second offense to a penalty of not more than $1,000 or to imprisonment for not more than six months or both; and for a third or subsequent offense to penalty of not more than $5,000 or imprisonment for not more than one year or both. D. It is unlawful for any person under the age of twenty-one years to be or remain in any public place after having consumed liquor. SECTION 32. Criminal attempt. RCW 9A.28.020(1), (2) and (3)(e) are hereby adopted by reference. SECTION 33. Criminal Solicitation. RCW 9A.28.030 is hereby adopted by reference. SECTION 34. Criminal Conspiracy. RCW 9A.28.040(1), (2) and (3)(e) is hereby adopted by reference. SECTION 35. Definitions. For the purpose of Sections 35-40, the words contained in this section are defined as follows: (1) "Abused child" means a physically or sexually mis- treated child as defined in RCW 13.34.030. (2) "Child" means a person who is under the chronological age of eighteen. (3) "Delinquent act" means an act committed by a child which would be designated a crime if committed by an adult. (4) "Dependent child" means a child who is: (a) Neglected, as defined in subdivision (6) of this section; or (b) Abused as defined in subdivision (1) of this section. (5) "Minor" means any person less than eighteen years of age, unless otherwise specifically designated. (6) "Neglected child" means a child who is: (a) Without a parent or legal guardian, or legal custodian or who has been abandoned by such; or (b) In a situation of clear and present danger of suffering substantial damage to his physical or mental health; or (c) A runaway from his home or a fugitive from his parent or guardian. SECTION 36. Leaving children unattended in parked automobile. Every person having the care and custody, whether 5 temporary or permanent, of minor children under the age of twelve years, who shall leave such children in a parked automobile unattended by an adult while such person enters a tavern or other premises where vinous, spirituous or malt liquors are dispensed for consumption on the premises shall be guilty of a misdemeanor. SECTION 37. Supplying tobacco to minor--Possession by minor. It is unlawful for any person to knowingly sell, give, furnish or cause to be furnished to any minor any cigarette, cigar or tobacco in any form or for a minor to possess the same. SECTION 38. Contributing to dependency of a child. A person is guilty of contributing to the dependency of a child if, by act or omission, he knowingly contributes to a child's becoming or causes a child to become a dependant child. SECTION 39. Contributing to delin, quency of a child. A person is guilty of contributing to the delinquency of a child if, by act or omission, he knowingly causes or encourages a child to commit or otherwise contributes to a child's commission of a delinquent act. SECTION 40. Disruption of school activities--Penalty. A person is guilty of disruption of school activities if he comes into or remains in any school building, classroom, or upon any school ground, or street, sidewalk, or public way adjacent thereto, without lawful reason, and intentionally causes substantial disruption of the activities of the school. SECTION 41. Terms defined. RCW 9.41.010 is hereby adopted by reference, together with the following: (5) "Air gun" means the following: air guns, air pistol, air rifle, BB gun and toy guns of any kind or nature when so designed, contrived, modified and used to propel, by compressed air or other gas or spring any pellet, dart, BB, rock or other hard substance a distance of more than twenty-five feet with sufficient force to break windows or injure persons or animals. SECTION 42. _Carrying pistol. RCW 9.41.050 is hereby adopted by reference. SECTION 43. Exception. RCW 9.41.060 is hereby adopted by reference. SECTION 44. Issuance of licenses to carry. RCW 9.41.070 is hereby adopted by reference. SECTION 45. Delivery to minors and others forbidden. RCW 9.41.080 is hereby adopted by reference. SECTION 46. Sales regulated--Application to purchase--Grounds for denial. RCW 9.41.090 is hereby adopted by reference. SECTION 47. Exemptions. RCW 9.41.093 is hereby adopted by reference. SECTION 48. Denial of application--Appeal. RCW 9.41.095 is hereby adopted by reference. SECTION 49. Forfeiture of firearms, order by courts--Return to owner--Confiscation by law enforcement officer. RCW 9.41.098 is hereby adopted by reference. 6 SECTION 50. Dealer's licenses, by whom granted and condition thereof--Wholesale sales excepted--Permits prohibited. RCW 9.41.100 is hereby adopted by reference. SECTION 51. Certain transfers forbidden. RCW 9.41.120 is hereby adopted by reference. SECTION 52. False information forbidden. RCW 9.41.130 is hereby adopted by reference. SECTION 53. Alteration of identifying marks prohibited. RCW 9.41.140 is hereby adopted by reference. SECTION 54. Exceptions. RCW 9.41.150 is hereby adopted by reference. SECTION 55. Alien's license to carry firearms--Exception. RCW 9.41.170 is hereby adopted by reference. SECTION 56. Aiming or discharging firearms, or discharging explosives prohibited--Penalty--Exceptions. (1) It is unlawful for any person to: (a) Aim any gun, pistol, revolver or other firearm whether loaded or not, at or towards any human being, or willfully discharge any firearm, air gun, or other weapon, or throw any deadly missile in a public place, or in any place where any person might be endangered thereby, although no injury results; or (b) Fire, discharge, explode or cause to be exploded any object containing gunpowder or other explosive material or fluid, or firecracker in a public place, or in any place where any person might be endangered thereby. (2) Subsection (1) of this section shall not apply to or effect the following: (a) The aiming or discharge of any firearm, other weapon or explosive described in subsection (1) above by a law enforcement officer engaged in the performance of his or her powers or duties; or (b) The aiming or discharge of a firearm, as defined in Subsection 41 or airgun upon a rifle or pistol firing range which has been issued a business license by the City for such purpose. (c) A firearm or other explosive device described in subsection (1) above which is (1) discharged within the city where the person so discharging the same has procured, in addition to any license or permit required under RCW Chapter 70.77, a written permit issued by the Chief of Police granting such person permission to discharge such firearm or weapon at the time, place, in the manner and for the purpose the permit was issued. Such permit shall not issue unless and until the Chief of Police finds as fact that: (1) Such discharge is essential for the protection of a growing or a matured crop; (2) The applicant has not been convicted in the State of Washington, or elsewhere, of a crime of violence nor of moral turpitude; 7 (3) The applicant has a bona fide current permit from the State of Washington or from a department of the United States authorizing the applicant to so protect such crop or crops; (4) Such discharge can reasonably be accomplished without endangering other persons or property; Such permits may be annual permits which expire on June 30th of each year and upon the payment of a fee therefore in the sum of three dollars, shall be limited to the use of birdshot, shall immediately terminate upon any damage, destruction, or undue hazard to other persons or property, or upon violation of the terms of its issue. A permittee under this chapter violating any condition of such permit, or giving false information in application therefore, shall not again be eligible for a permit. SECTION 57. Use of firearms by minor. RCW 9.41.240 is hereby adopted by reference. SECTION 58. Dangerous weapons--Evidence. RCW 9.41.250 is hereby adopted by reference. SECTION 59. Dangerous exhibitions. RCW 9.41.260 is hereby adopted by reference. SECTION 60. Weapons apparently capable of producing bodily harm, carrying, exhibiting,__displaying or drawing unlawful--Penalty-- Exceptions. RCW 9.41.270 is hereby adopted by reference. SECTION 61. Students carrying dangerous weapons on school property. RCW 9.41.280 is hereby adopted by reference. SECTION 62. Gambling - Prohibitions. The following statutes of the State of Washington are adopted by reference: (a) RCW 9.46.010 Legislative declaration (b) RCW 9.46.020 Definitions (c) RCW 9.46.030 Certain gambling activities authorized (d) RCW 9.46.110 Taxation of gambling activities - Limitations--Restrictions (e) RCW 9.46.113 Taxation of gambling activities-- Dis bur s ement (f) RCW 9.46.130 Inspection and audit of premises, paraphenalia, books and records - Reports for the commission (g) RCW 9.46.150 Injunctions--Voiding of licenses, permits or certificates (h) RCW 9.46.170 False or misleading entries or state- ments, refusal to produce records, as violations-- Penalty (i) RCW 9.46.185 Causing person to violate chapter as violation--Penalty (j) RCW 9.46.190 Violations relating to fraud or decei t--Penalty (k) RCW 9.46.192 Cities and towns--Ordinance enacting certain sections of chapter--Limitations--Penalties (1) RCW 9.46.193 Cities and towns--Ordinances adopting certain sections of chapter--Jurisdiction of courts (m) RCW 9.46.196 Defrauding or cheating other parti- cipant or operator as violation--Causing another to do so as violation--Penalty (n) RCW 9.46.198 Working in gambling activity without license as violation--Penalty (o) RCW 9.46.210 Enforcement--Commission as a law enforce- ment agency 8 (p) RCW 9.46.240 Gambling information, transmitting or receiving as violation--Penalty (q) RCW 9.46.285 Chapter as exclusive authority for licensing and regulation of gambling activities (r) RCW 9.46.310 Licenses for manufacture sale, distri- bution or supply of gambling devises. SECTION 63. Gambling--Rules regarding. Pursuant to the authority of RCW 35.21.180 the Washington Administrative Code, Chapter 230, is hereby adopted by reference. SECTION 64. Assault--Penalty. A person is guilty of assault when: (1) With intent to cause bodily injury to another person he causes or attempts to cause bodily injury to any person; or (2) He intentionally engages in a physical act which creates in another a reasonable apprehension and fear of imminent bodily injury; or (3) He intentionally performs an unprivileged and/or impermissible touching, striking, cutting or shooting of another person, regardless of whether any actual physical harm is done to the other person. (4) Assault is a gross misdemeanor. SECTION 65. Reckless endangerment--Penalty. RCW 9A. 36.050 is hereby adopted by reference. SECTION 66. Coercion--Penalty. RCW 9A.36.070 is hereby adopted by reference. SECTION 67. Assault--Provoking--Penalty. Every person who by word, sign or gesture wilfully provokes or attempts to provoke another person to commit an assault or breach of the peace is guilty of provoking an assault. SECTION 68. Fighting--Penalty. (a) It is unlawful for any person to intentionally, physically fight with another person in a public place; (b) In any prosecution under subsection (a) of this section, it is an affirmative defense that: (1) The fight was duly licensed or authorized by law; or (2) The person was acting in self defense. (c) As used in this section, "public place" means an area open to the general public, and includes streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, automobiles (whether moving or not), and buildings open to the general public including those which serve food or drink or provide entertainment, and the doorways and entrances to buildings or dwellings and the grounds enclosing them. SECTION 69. Telephone calls to harass, intimidate, torment, or embarrass--Defined. RCW 9.61.230 is hereby adopted by reference. (a) Permitting telephone to be used. RCW 9.61.240 is hereby adopted by reference. (b) Offense, where deemed committed. RCW 9.61.250 is 9 hereby adopted by reference. SECTION 70. Domestic violence: State statutes adopted by reference. RCW Chapter 10.99 is hereby adopted by reference. SECTION 71. Civil Protection Order: State statutes adopted by reference. RCW Chapter 26.50 is hereby adopted by reference. SECTION 72. Custodial interference. The following statutes of the State of Washington is hereby adopted by reference: RCW 9A.40.070 Custodial interference in the second degree RCW 9A.40.080 Custodial interference--Assessment of costs-- Defense--Consent defense, restricted SECI'ION 73. Definitions. RCW 9A.56.010 is hereby adopted by reference. SECTION 74. Theft--Defined. RCW 9A.56.020 is hereby adopted by reference. SECTION 75. Theft in the third degree. RCW 9A.56.050 is hereby adopted by reference. SECTION 76. Unlawful issuance of checks or drafts. RCW 9A.56.060 is hereby adopted by reference excluding section four (4) thereof. SECTION 77. Shoplifting. (a) A person is guilty of shoplifting if he wilfully takes possession of goods, wares, or merchandise of the value of $250.00 or less offered for sale by any wholesale or retail store or other merchantile establish- ment without the consent of the seller, with the intention of converting such goods, wares or merchandise to his own use without having paid the purchase price thereof. (b) A duly appointed city, county, or state law enforce- ment officer may, upon a charge being made and without a warrant, arrest any person whom he has cause to believe has committed or attempted to commit the crime of shoplifting. (c) Shoplifting is a misdemeanor and shall be punished by a maximum fine not to exceed five hundred dollars. The court shall impose a mandatory minimum fine of one hundred dollars upon a first conviction, and such fine shall not be suspended or deferred. Upon a subsequent conviction, the court shall impose a mandatory minimum fine of three hundred dollars and such fine shall not be suspended or deferred. SECTION 78. Shopping cart theft. RCW 9A. 56.270 is hereby adopted by reference. SSCTION 79. Theft of cable television services. RCW 9A.56.220 is hereby adopted by reference. SECTION 80. Possessing stolen property--Definitions, credit cards, presumption. RCW 9A.56.140 is hereby adopted by reference. SECTION 81. Possessing stolen property in the third degree. RCW 9A.56.170 is hereby adopted by reference. SECTION 82. Restoration of stolen property--Duty of officers. RCW 9.54.130 is hereby adopted by reference. 10 SECTION 83. Malicious mischief in the third degree. RCW 9A.48.090 is hereby adopted by reference. SECTION 84. Malicious mischief and physical damage--Defined. RCW 9A.48.100(1) is hereby adopted by reference. SECTION 85. Trespass--Definitions. RCW 9A.52.010 is hereby adopted by reference. SECTION 86. Criminal trespass in the first degree. RCW 9A.52.070 is hereby adopted by reference. SECTION 87. Criminal trespass in the second degree. RCW 9A.52.080 is hereby adopted by reference. SECTION 88. Criminal trespass--Invasion of Privacy. Every person not licensed or privileged to do so who enters or intrudes in or upon the property of another and either invades the privacy of, or disturbs the occupants or residents of such property by looking into or peeping into any dwelling or private premises, is guilty of criminal trespass, a misdemeanor. SECTION 89. Criminal trespass--Defenses. RCW 9A.52.090 is hereby adopted by reference. SECTION 90. Vehicle prowling. RCW 9A.52.100 is hereby adopted by reference. SECTION 91. Computer trespass in the second degree. RCW 9A.52.120 is hereby adopted by reference. SECTION 92. Computer trespass--Commission of other crime. RCW 9A.52.130 is hereby adopted by reference. SECTION 93. Making or having burglary tools. RCW 9A.52.060 is hereby adopted by reference. SECTION 94. Definitions. RCW 9A.76.010 is hereby adopted by reference. SECTION 95. Obstructing a public officer--Penalty. A person is guilty of obstructing a public officer if, with knowledge that the person obstructed is a public officer, he: (1) Knowingly or intentionally provides false or mis- leading information to a public officer, and the officer is acting in the discharge of his official powers or duties; or (2) Intentionally hinders, delays or physically interferes with a public officer acting in the discharge of his official powers or duties; or (3) Intentionally refuses to leave the scene of an investi- gation of a crime while an investigation is in progress, after being requested to leave by a public officer acting in the discharge of his official powers or duties; or (4) Intentionally refuses to cease an activity or behavior that creates a risk of injury to any person when ordered to do so by a public officer, and the officer is acting in the discharge of his official powers or duties; or (5) Intentionally destroys or attempts to destroy any material which he knows a public officer is attempting to obtain, secure oF preserve during an investigation, search or arrest. 11 SECTION 96. Refusing to summon aid for peace officer. RCW 9A.76.030 is hereby adopted by reference. SECTION 97. Resisting arrest. RCW 9A.76.040 is hereby adopted by reference. SECTION 98. False reporting. RCW 9A. 84.040 is hereby adopted by reference. SECTION 99. Rendering criminal assistance--Definition of terms. RCW 9A. 76.050 is hereby adopted by reference. SECTION 100. Rendering criminal assistance--Relative defined. RCW 9A. 76.060 is hereby adopted by reference. SECTION 101. Rendering criminal assistance in the third degree--Penalty. RCW 9A.76.090 is hereby adopted by reference. SECTION 102. Compounding a crime. RCW 9A.76.100 is hereby adopted by reference. SECTION 103. Escape in the third degree--Penalty. A person is guilty of escape in the third degree if he willfully escapes from custody in a manner not constituting escape in the first or second degree as defined by RCW 9A.76.110 and RCW 9A.76.120 respectfully. SECTION 104. Bail Jumping. RCW 9A.76.170 is hereby adopted by reference. SECTION 105. Introducing contraband in the third degree. A person is guilty of introducing contraband in the third degree if he knowingly and unlawfully provides contraband to any person confined in a detention facility and not constituting Introducing Contraband in the first or second degree as defined by RCW 9A.76.140 and RCW 9A.76.150 respectfully. SECTION 106. Definitions. The following definitions are applicable in Sections 105-116, unless the context otherwise requi res: (1) "Peace" as used in the phrase "public peace" means the tranquility enjoyed by members of a community where good order presides. (2) "Public place" means an area generally visible to public view and includes streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots and buildings open to the general public, including those that serve food or drink or provide entertainment, and the doorways and entrances to buildings or dwellings and the grounds enclosing them. (3) "Unreasonably disrupts" means to substantially impair the conduct of the meeting by intentionally committing acts in violation of implicit customs or usages or of explicit rules for governance of the meeting he knew, or as a reasonable man should have known. SECTION 107. Disorderly Conduct. A person ~s gu~l%y of disorderly conduct if he or she: (a) Unreasonably disrupts any lawful assembly or meeting of persons and refuses or wil~ully fails to cease such activity when ordered to do so by a police officer or a person who would to the ordinary person in actor's position be apparently in charge of the assembly or meeting; or 12 (b) Intentionally obstructs pedestrian or vehicular traffic in a public place by walking, standing, sitting, lying, or placing an object in such a manner as to directly block passage by another person, or to require a person approaching to take evasive action to avoid physical contact; or SECTION 108. Failure to Disperse. RCW 9A.84.020 is hereby adopted by reference. SECTION 109. Malicious prosecution. RCW 9.62.010 excluding subsection (1) is hereby adopted by reference. SECTION 110. Instituting suit in name of another. RCW 9.62.020 is hereby adopted by reference. SECTION 111. Criminal Impersonation.: (1) A person is guilty of criminal impersonation if he: (a) Assumes a false identity and does an act in his assumed character with the intent to defraud another or for any other unlawful purpose; or (b) Pretends to be a representative of some person or organization and does an act in his pretended capacity with the intent to defraud another or for some other unlawful purpose; or (c) Impersonates a police officer. (2) Criminal impersonation is a gross misdemeanor. SECTION 112. Expectorating. It is unlawful for a person to expectorate upon the floor, walls or furniture of any public conveyance, public building or any store open to and used by the public. SECTION 113. Mischief on bridges. It is unlawful for any person to intentionally: (a) Throw, drop or otherwise cause any object or missile to be thrown, dropped or released from any portion of any bridge, including the bridges crossing the Port Washington Narrows, commonly known as the Bremerton-Manette and Warren Avenue Bridges; or (b) Jump, leap or go upon with the intent of jumping or leaping fro,, any portion of any bridge, including the Port Washington Narrows, commonly known as the Bremerton-Manette and Warren Avenue Br i dge s. SECTION 114. Failure to pay fare--Public conveyance. It is unlawful for a person in public to refuse to pay the proper fare in a public conveyance. SECTION 115. Unlawful Bus Conduct. (1) A person is guilty of unlawful bus conduct if while on or in a municipal transit vehicle and with knowledge that such conduct is prohibited, he or she: (a) Smokes or carries a lighted or smoldering pipe, cigar, or cigarette; or (b) Discards litter other than in designated receptacles; or (c) Plays any radio, recorder, or other sound-producing equipment except that nothing herein shall prohibit the use of such equipment when connected to ear- phones that limit the sound to individual listeners or the use of a communication device by an employee of the owner or operator of the municipal transit vehicle; or (d) Spits or expectorates; or (e) Carries any flammable liquid, explosive, acid, or other article or material likely to cause harm to others except that nothing herein shall prevent a person from carrying a cigarette, cigar, or pipe lighter or carrying a firearm or ammunition in a way that is not otherwise prohibited by law. (2) A Municipal transit vehicle includes every motor vehicle, street car, train, trolley vehicle, and any other device, which (1) is capable of being moved within, upon, above, or below a public highway, (2) is owned or operated by the Kitsap County Public Transit Authority , and (3) is used fo~ the purpose of carrying passengers, together with incidental baggage and freight on a regular schedule. SECTION 116. Contempt. The following statutes of the State of Washington are hereby adopted by reference: (A) RCW 7.20.010 Contempt of cou~t defined. RCW 7.20.020 Punishment--General RCW 7.20.030 Contempt in presence of court--Summary punishment RCW 7.20.040 Procedure in other cases RCW 7.20.050 Production of defendant if in custody RCW 7.20.060 How prosecuted RCW 7.20.070 Execution of warrant--Bond RCW 7.20.080 Return of warrant--Examination of defendant RCW 7.20.090 Judgment and sentence RCW 7.20.100 Indemnity to injured party RCW 7.20.110 Imprisonment until act performed RCW 7.20.120 Offender may be indicted RCW 7.20.130 Alias warrant--Punishment for co~tempts of justice courts (B) RCW 9.23.010 Criminal contempt SECTION 117. Lewd conduct. (1) (a) A person is guilty of lewd conduct if he intentionally performs a lewd act in a public place or at a place and under circumstances where such act could be observed by the public. (b) The owner or operator of premises open to the public is guilty of a misdemeanor if he intentionally permits lewd conduct in a public place under his control. (2) "Lewd act" means: (a) Public e~posure of one's genitals or female breasts; or (b) Public touching, caressing or fondling of the genitals or female breasts; or (c) Public urination or defecation in a place other than a washroom or toilet room; or (d) Public masturbation; or (e) Public sexual intercourse. 14 This definition applies only to those works which, applying to the average standards of the city, taken as a whole, appeal to the prurient interest of persons and which lack serious literary, artistic, political or scientific value. (3) "Public" or "public display" means easily visible from a public thoroughfare or f~om property of others, or in a public place in a manner so obtrusive as to make it difficult for an unwilling person to avoid exposure. APPROVED by the City Council on the first reading this ~ day of Oc~-o~-, 1986. PASSED by the City Council of the City of Bremerton, filed by the Mayor, and attested to by the City Clerk in authentication of such passage this %.~. day of o<~ ~__ , 1986. MAY ~;~ ~' / ATTEST / A UTH B ~T [ CA TED: ~~ CIT~ CB~RK ~ ~PPROV~D AS TO FO~: OFFICE OF THE CItY hTTOR~: i'"~ FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: POSTED: EFFECTIVE DATE: ORDINANCE NO. 15 THE FOLLOWING ORDINANCES ARE REPEALED IN THEIR ENTIRETY: Ordinance #3396 (1977) Ordinance #3529 (1979) Ordinance #3691 (1982) #3696 (1982) #3716 (1982) #3720 (1982) #3728 (1982) #~735 (1982) #3738 (1982) Ordinance #3821 (1983) #3826 (1983) #3829 (1983) #3833 (1983) #3848 (1983) #3849 (1983) #3977 (1983) Ordinance #3891 (1984) #3936 (1984) 9A.0' -o20 Purposes--Principles of eonstrv ~¼n. (1) The general. ,'poses of the provisions governing the ,nition of of- lenses are: (a) To forbid and prevent conduct that inflicts or threatens substantial harm to individual or public interests; (b) To safeguard conduct that is without culpability from condemnation as criminal; (c) To give fair warning of the nature of the conduct de- clared to constitute an offense; (d) To differentiate~on reasonable grounds between seriousI and minor offenses, and to prescribe proportionate penalties for each. (2) The provisions of this title shall be construed according to the fair import of their ter/ns but when the language is suscepti- ble of differing constructions it shall be interpreted to further the general purposes stated in this title. , ~A.08.UlO General requirements of Cuilmbility. C1) Kinds of C,ulpability Defined. (a) Intent. A person acts with intent or intentionally when he acts with the objective or purpose to accomplish a result which constitutes a crime. (b) Knowledge. A person knows or acts knowingly or with knowledge when: (i) he is aware of a fact, facts, or bircumstances or result de- scribed by a statute defining an offense; or (ii) he has information which would lead a reasonable man in the same 'situation to believe that facts exist which facts are de- scribed by a statute defining an offense'. (c) Recklessness. A person is reckless or acts recklessly ,when he knows of and disregards a substantial risk that a ,w. rongful act may occur and his disregard of such substantial risk is a gross deviation from conduct that a i'easonable man would exercise in the sam,e situation. (d) Criminal negligence. A person is criminally negligent or acts with criminal negligence when he fails to be aware of a sub- stantial risk that a wrongful act may occur and his failure to be aware of such substantial risk constitutes a gross deviation from the standard of care that a reasonable man would exercise in the same situation. (2) Substitutes fo'r Criminal Negligence, Recklessness, and Knowledge. When a statute provides that criminal negligence suffices to establish an element of an offense, such element also is established if a person acts intentionally, knowingly, or reck- lessly. When recklessness suffices to establish an element, such element also is established if a person acts intentionally or knowingly. When acting knowingly suffices to establish an ele- ment, such element also is established if a person acts ir~tention- ally. (3) Culpability as Determinant of Grade of Offense. When the grade or degree of an offense depends on whether the of- fense is committed intentionally, knowingly, recklessly, or with criminal negligence, its grade or degree shall be the lowest for which the determinative kind of culpability is established with respect to any material element of the offense. (4) Reqbirement of Wilfulness Satisfied by Acting Knowing- ly. A requirement that an offense be committed wilfully is sat- isfied if a person acts knowingly with respect to the material el- ements of the offense, unless a purpose to impose further re- quirements plainly appears. 9A.04.110 Definitions. In this title unless a different meaning plainly is required: ., , ... (1~) "Acted" includes, where relevant, omitted to act; (2) "Actor" Includes. where relevant, a ~erson failing to act; (3) "Benefit" is any gain or advantage to the beneficiary, in- eluding any gain or advantage to a third person pursuant to the desire or consent of the beneficiary; (4) "Bodily injury" or "physical injury" means physical pain, illness, or an impairment of physical Condition; (5)' "Building", in addition to its ordinary meaning, includes any dwelling, fenced area, vehicle, railway ear, cargo bohtainer, or any other structure used for lodging of persons or for carrying on business therein, or for th'e use, sale or deposit of goods; each unit of a building consisting of two or more units separate- ly secured or occupied is a separate building; (6) "Deadly weapon" means any explosive or loaded or tm. loaded firearm, and shall include any other weapon, device, in- strument, article, or substance, including a "vehiele'~ as defined in this section, which, under the circumstances in which it is used, attempted to be used, or threatened to be used, is readily capable of causing death or serious bodily injury; (7) "Dwelling" means any building or structure, though mov- able or temporary, or a portion thereof, which is used or ordi- narily used by a person for lodging; (8) "Government" includes any branch, subdivision, or agen- cy of the government of this state .and any county, city, district, or other local governmental unit; (9) "Governmental function" includes any activity which a public servant is legally authorized or permitted to undertake on behalf, of a government; ~/ (10) "Indicted" ahd "indictment" include "informed against" and ."information", and "informed against" and "information" include "indicted" and "indictment"; (1~) "Judge" includes every judicial officer authorized alone or with others, to hold or preside over a court; (12) "Malice" and "maliciously" shall import an evil intent, wish, or design to vex, annoy, or injure another person. Malice may be inferred from an act done in wilful disregard of the rights of another, or an act wrongfully done without just cause or excuse, or an act or omission of duty betraying a wilful disre- gard of social, duty; (1:3) "Officer" and "public officer" means a person holding office under a city, county, or state government, or the federal government who performs a public funetton and in so doing is vested v the exercise of some sovereign power o.[ government, and incluaes all assistants, deputies, clerks, an( nployees of any public officer and all persons lawfully exercising or assum- ing to exercise any of the powers or functibns of a public offi- cer; (14) "Omission" means a failure to act; (15) "Peace officer" means a duly appointed city, county, or state law enforcement officer; (16) "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; (17) "Person", "he", and "actor" include any natural person and, where relevant, a corporation, joint stock association, or an unincorporated association; (18) "Place of work" includes but is not limited to all the lands and other real property of a farm or ranch, in the case of an actor who owns, operates, or is employed to work on such a farm or ranch; (19) "Prison" means any place designated by law for the keeping of persons held in custody under process of law, or un- der lawful arrest, including but not limited 'to any state correc- tional institution or any county or city jail; (20) "Prisoner" includes any person held in custody under process of law, or under lawful arrest; (21) "Property" means anything of value, whether tangible or intangible, real or personal; (22) "Public servant" means any person other than a witness who presently occupies the position of or has been elected, ap- pointed, or designated to become any officer or employee of gov- ernment, including a legislator, judge, judicial officer, juror, and any person participating as an advisor, consultant, or otherwise in performing a governmental function; (23) "Signature" includes any memorandum, mark, or sign made with intent to authenticate any instrument or writing, or the subscription of any person thereto; (24) "Statute" means the Constitution or an act of the legis- lature or initiative or referendum of this state; (25) "Threat" means to communicate, directly or indirectly the intent: (a) To cause bodily injury in the future to the person threat- ened or to any other person; or (b) To cause physical damage to the property of a person other than the actor; or ' (e). To subject the pel'son threatened or any other person to physical confinement or restraint; or (d) To accuse any person of a crime or cause criminal charges to be instituted,against any person; ~or ' (e) To' expose a secret or publicize an asserted fact, whether true or false, tending to subject any person to hatred, contempt, or ridicule; or (f) To reveal any Information sought to be concealed by the person threatened; or (g) To' testify o,' provide information or withhold testimony or information with respect to another's legal claim or defense; or (h) To take wrongful action as an official against anyone or anything; or wrongfully withhold official action, or cause such action or withholding; or (i) To' bring about or continue a strike, boycott, or other sim- ilar collective action to obtain property which is not demanded or received for the benefit of the group which the actor purports to represent; or (j) To do any other act which is i~tended to harm substan- tially the person threatened or another with respect to his heallh, safety, business, financial condition, or personal relation- ships. (26J "Vehicle" means a "motor vehicle" as defined in the ve- hicle and traffic laws, any aircraft, or any vessel equipped for propulsion by mechanical means or by sail; (27) Words in the present tense shall include the future tense; and in the masculine shall include the feminine and neu- ter genders; and in the singular shall include the plural; and in .......... ~h,~ nh~'nl shall include the singular. 9A.L_ .020 Liability for conduct of anot ~--Compliclty. (1) A person is guilty of a crime if it is committed by the con- duct of another person for which he is legally accountable. (2) A person is legally accountable for the conduct of another person when: (a) Acting ,with the kind of culpability that is sufficient for the commission of the crime, he causes an innocent or irrespon- sible person to engage in such conduct; or (b) He is made accountable for the co~duct of such other per- son by this title or by the law defining the crime; or (c) He is an accomplice of such other person in the commis- sion of the crime. (3) A Person is an accomplice of another person in the com- mission of a crime if: (a) With knowledge that it will promote or facilitate the commission of the crime, he , (i) sblicits, commands: encourages~ or requests such other per- son to .commit it; or ' (ii) a'ids or agrees ,to aid guch other person in planning or committing it; or (b) His conduct is expressly declared by law to establish his complicity. (4) A person who is legally incapable of committing a partic- ular crime himself may be guilty thereof if it is committed by the conduct of another person for which he is legally accounta- ble, unless such liability is inconsistent with the purpose of the provision establishing his incapacity. (5) Unless otherwise provided by this title or by the law de- fining the crime, a person is not an accomplice in a crime com- mitted by another person if: (a) He is a victim of that crime; or (b) He terminates his complicity prior to the commission of the crime, and either gives timely warning to the law enforce, ment authorities or otherwise makes a good faith effort to pre- vent the commission of the crime. (6) A person legally accountable for the conduct of another person may be convicted on proof of the commission of the crime and of his complicity therein, though the person claimed to have committed the crime has not been prosecuted or convict- ed or has been convicted of a different crime or degree of crime . or has an imm,unity to prosecution or conviction, or has been ac- quitted. ~ .08~030 Criminal liability of corp~,~tions and imrsons a~.,ng or under a duty to act in their behaL (1) As used in this section: (a) "Agent" means any director, officer, or employee of a corporation, or any other person who is authorized to act on be- half of the corpbration; (b) "Corporation" includes a ioint stock asso(~iation; (c) "High managerial agent" mean~ an officer or director of a corporation or any other agent in a position of comparable au- . thority with respect to the formulation of corporate policy or the supervision in a managerial capacity of subordinate employees. (2i A corporation is guilty of an offense when: (a) The conduct constituting the offense consists of an omis- sion to discharge a specific duty of performance imposed on cor- porations by law; or (b) The conduct constituting the offense is engaged in, autho- rized, solicited, requested, commanded, or tolerated by the board of directors or by a high managerial agent acting within the scope of his employment and on behalf of the corporation; or (c) The conduct constituting the offense is engaged in by an .agent of the corporation, other than a high managerial agent, while acting within the scope of his employment and in behalf of the corporation and (i) the offense is a gross misdemeanor or misdemeanor, or (ii) the offense is one defined by a statute which clearly indicates a legislative intent to impose such crimi- nal liability on a corporation. (3) A person is criminally liable for conduct constituting an offense which he performs or causes to be performed~in the name of or on behalf of a corporation to the same extent as if such conduct were performed in his own name or behalf. (4) Whenever a duty to act is imposed by law upon a corpo- ration, any agent of the corporation who knows he has or shares primary responsibility, for the discharge of the duty is criminally liable for a reckless or, if a high managerial agent, criminally negligent omission to perform the required act to the same ex- tent as if the duty were by law imposed directly upon such agent. ~5) Every corporation, whether foreign or domestic, which shall violate any provision of RCW 9A.28.040, shall forfeit every right and franchise to do business m th~s state. The attorney general shall begin and conduct all actions and proceedings nec- essary to enforce the provisions of this subsection. 9A,2~-~o.0, Criminal attempt ...... · (1).. ~°n is guilty o~ ~n ~t~mp~ ~ commit e~.. ~ ff,.,~th~ ' m~nt Commit a ~ifie ~i~e, he doe~ ~ny a~ which I~ a ~ub~fl~l ~ ~w~rd the eommlsslon of that crime. .... (2) If ~?,~ conduct in which a pe~o~ ~ng~ge~ O~he~~ ~oh~ti~u~J' ,at. rapt ~ commtt a crime, tt b no defense ~ a pro~eutlon bf ~ueh at.rapt that the eHme charged ~ have been at~mp~d was, under. the ~t~ndant ei~umn~neea, factually or legally impossible of eommiaalon (~ ~ ~m~ t~ ~rnit n efi~ i~ ~: ' i (a) Class A feion~ ~'hen the ~Hm~ at~mp~ i~ murder in degree or amon in the flint de~e; , '*. ? (b) Cla~s B felony when the chine at~mp~a i~ a cJ~ ~ ~el~' other than murder in the fi~t degree or arson in the fimt de~; ~ (e) Cla~ C felony when the crime attemp~d is ~ ~l~ B fel6fiy~ ' X (d) Gro"s misdemeanor when ~e c~m~ at~mp~d ia a c]as~ (e) Misdemeanor when the crime at~mp~d is,n Rrb~ mtademeano~'or misdemeanor. , ~A.16.020.*~ Uae of'force--When lawful .The use,~ attempt, or offer to use force upon or toward ~e person oi~ another i~ not unlawfu) in the following cases: .. (1) Whenever necessarily use~d by~ a public officer in the performance of a legal duty, ,or a person assisting him and acting under his 'direction; (2) Whenever necessarily used by a person arresting one who has com- mitted a felony and d?livering him to a public ,officer competent to ~ceive him into custody; (3) Whenever used by a party about to be injured, or by another lawfully aiding him,' in preventing or attempting to prevent an offense against his person, or a malicious trespass, or other malicious interference with real or personal property lawfully in his possession, in case the force is not more than is necessary; (4) Whenever reasonably used by a person to detain someone who enters or remains* unlawfully in a building or on real property lawfully in the possebsion of such person, so long as such detention is reasonable in duration and manner to investigate the reason for the detained person's presence on the premises, and so long as the premises in question did not reasonably appear to ,be intended to be open to members of the public; (5) Whenever Used in a reasonable and moderate manner by a parent or. his authorized agent,' a guardian, master, or teacher*in the exercise of lawful authority, to restrain or correct his child, ward, apprentice, or scholar;, .... (6) Whenever used by.a carrier of passengers or his authorized agent or servant, or other person assisting them at their request in expelling from a carriage, railway car, vessel, or other vehicle, a passenger who refuses to obey a lawful and reasonable regulation prescribed for the conduct of passengers, if such vehicle has first been stopped and the force used is not more than {s necessary to expel th~ offender with reasonable regard to his personal safety; '(?) 'Whenever' used by any person to prevent a mentally ill, mentally incompetent, or mentally disabled person from committing an act danger- ous to 'himself or another, or in enforcing necessar~ restraint for the protection of his person, or his restoration to health, during such period only as is necessary to obtain legal authority for the restraint or custody of his person. 9A.1 .080 Action for being detained on , ~cantile estab- lishment premises for lnves~gatlon--"Res~sonable grounds" as defense. In any criminal action brought by reason of any person having been detained on or in the immediate vicinity of the premises of a mercantile establishment for the purpose of inves- tigation or questioning as to the ownership of any merchandise, it shall be a defense of such action that the person was detained in a reasonable manner and for not more than a reasonable time to permit such investigation or questioning by a peace officer, by the owner of the mercantile establishment, or by the owner's authorized employee or agent, and that such peace officer, own- er, employee, or agent had reasonable grounds to believe that the person so detained was committing or attempting to commit theft or shoplifting on such premises of such merchandise. As used in this section, "reasonable grounds" shall include, but not be limited to, knowledge that a person has concealed possession of unpurchased merchandise of a mercantile establishment, and a "reasonable time" shall mean the time necessary to permit the person detained to make a statement or to refuse to make a statement, and the time necessary to examine employees and rec- ords of the mercantile establishment relative to the ownership of the merchandise. 9A.16.090 Intoxication. No act committed by a person while in a state of voluntary intoxication shall be deemed less crimi'nal by reason of his condition, but whenever the. actual ex- istence of any particular mental state is a necessary element to constitute a particular species or degree of crime, the fact of his intoxication may be taken into consideration in determining such mental state. 10.99.020. Definitions Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) "Family or household members" means spouses, former spouses, adult persons related by blood or marriage, 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, (2) "Domestic violence*' includes but is not limited to any of the follow- lng crimes when committed by one family or household member against another: (a) Assault in the first degree (RCW 9A.36.010); ' · (b) Assault in the second degree (R(~W 9A.36.020); (c) Simple assault (RCW 9A.36.040); ~ ~ ~' (d) Reckless endangerment (RGW 9A,36.050); (e) Coercion (RCW 9A.36.070); (0 Burglary in the first degree (RCW 9A.52.020); (g) Burglary in the second degree (RCW 9A.52.030); (h) Criminal trespass in the first degree (RCW 9A.52.070); (i) Criminal trespass in the second degree (RCW 9A.52.080); (j) Malicious mischief in the first degree (RCW 9A.48.070); (k) Malicious mischief in the second degree (RCW 9A.48.080); (l) Malicious mischief in the third degree (RCW 9A.48.090); (m) Kidnapping in the first degree (RCW 9A.40.020); (n) Kidnapping in the second degree (RCW 9A.40.030); (o) Unlawful imprisonment (RCW 9A.40.040); (p) Violation of the provisions of a restraining order restraining the person or excluding the person from a residence (RCW 26.09.300); (q) Violation of the provisions of a protection order restraining the person or excluding the person from a residence (RCW 26.50.060, 26.50.070, or 26.50.130); (r) Rape in the first degree (RCW 9.79.170)? and (s) Rape in the second degree (RCW 9.79.180).~ (3) "Victim" means a family or household men~ber who has been subject- ed to domestic violence. 10.99.030 aw enforcement offleers--.Training', power~ ~ties (1) All training relating to the handling of domestic violence cOmplaints by law enforcement officers shall stress enforcement of criminal laws in domestic situations, availability of community resources, and protection of the victim. Law enforcement agencies and community organizations with expertise in the issue of domestic violence shall cooperate in all aspects of such training. (2) The primary duty, of peace officers, when responding to a domestic violence situation, is to enforce the law~ allegedly violated and to protect the complaining party. (3)(a) When .a peace officer responds to a domestic violence call and has probable cause to believe that a crime has been committed, the peace officer shall exercise arrest powers with reference to the criteria in RCW 10.31.100. The officer shall notify the victim of the victim's right to initiate a criminal proceeding in all cases where the officer has not exercised arrest powers or decided to initiate criminal proceedings by citation or otherwise. The parties in such cases shall also be advised of the importance of preserving evidence. (b) A peace officer responding to a domestic violence call shall take a complete offense report including the officer's disposition of the case. (4) When a peace officer responds to a domestic violence call, the officer shall advise victims of all reasonable means to preven~t further abuse, including advising each person of the availability of a shelter or other services in the community, and giving each person immediate notice of the legal fights and remedies available, The notice shall include handing each person a copy of the following statement: "IF YOU ARE THE VICTIM OF DOMESTIC VIOLENCE, you can ask the city or county prosecuting attorney to file a criminal complaint. You also have the right to file's petition in superior, district, or municipal court requesting an order for protection from domestic abuse which could include any of the following: (a) An order restrain- ing your abuser from further acts of abuse; Co) an order directing your abuser to leave your household; (c) an order preventing your abuser from entering your residence, school, business, or place of employ- ment; (d) an order awarding you or the other parent custody of or visitation with your minor child or children; and (e) an order restrain- ing your abuser from molesting or interfering with minor children in your custody. The forms you need to obtain a protection order are available in any municipal, district, or superior court. Information about shelters and alternatives to domestic violence is available from a' state-wide twenty-four-hour toll-free-hotline at 1-800-562-6025. The battered women's shelter and other resources in your area are(include local information)" (5) The peace officer may offer, arrange, or facilitate transportation for the victim to a hospital/or treatment of injuries or to a place of safety or shelter. (6) The law enforcement agency shall forward the offense report to the appropriate prosecutor within ten days of making such report if there is probable cause to believe that an offense J~as been committed, unless the case is under active investigation. (7) Each law enforcement agency shall make as soon as practicable a written record and shall maintain records of ali incidents of domestic violence reported to it. (8) Records kept pursuant to subsections (3) hsd (7) of this section shall be made identifiable by means of a departmental code for domestic vio- lence. 10.9' ~, Restrictions upon and d~ties of eour}, (1) ~ecause of the serious nature of~d0meatic violence, the court in domestic violence actions: (a) Shall not dismiss any charge or delay disposition because of concur- rent dissolution or other civil proceedings; (b) Shall not require proof that either party is seeking a dissolution of marriage prior to instigation of criminal proceedings; (c) Shall waive any requirement that the victim's location be disclosed to any person, other than the attorney of a criminal defendant, upon a showing that there is a possibility of further violence: Provided, That the court may order a criminal defense attorney not to disclose to his client the victim's location; and .. (d) Shall identify by any reasonable means On docket sheets those criminal actions arising from acts of domestie violence. (2) Because of the likelihood of repeated violence directed at those who have been victims of domestic violence in the past, when any defendant charged with a crime involving domestic violence is released from custody before trial on bail or personal recognizance, the court authorizing the release may prohibit the defendant from having any contact with the victim. The arresting jurisdiction authorizing the release shall determine whether the defendant should be prohibited from having any contact with the victim. If there is no outstanding restraining or protective order prohibiting the defendant from having contact with the victim, the court authorizing release may issue, by telephone, a no~ontact order prohibiting the defendant from having contact with the victim. The no-contact order shall also be issued in writing as soon as possible. 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 RCW 9A.04.110 in any further acts of 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 sheriff of the county or chief of police of the municipality in which the defendant resides or to the defendant's counsel for safekeeping. (3) Wilful violation of a court order issued under subsection (2) of this section is a misdemeanor. The written order releasing the defendant shall contain the court's directives and shall bear the legend: 'Violation of this order is a criminal offense under chapter 10.99 RCW and will subject a violator to'arrest. A certified copy of the order shall be provided to the victim. (4) Whenever an order prohibiting contact is issued under subsection (2) of this section, the clerk of the court shall forward a copy of the order on or before the next judicial day to the appropriate law enforcement agency specified in the order. Upon receipt of the copy of the order the law enforcement agency shall forthwith enter the order for one year into any computer-based criminal intelligence information system available in this state used by law enforcement agencies to list outstanding warrants. Entry into the law enforcement information system constitutes notice to all law enforcement agencies of the existence of the order. The Order is fully enforceable in any jurisdiction in the s~te. 1~ 045. Appearances by defendant--Orders r Jbltinf contact ~! A defendant arrested for an offense involving domestic violence Ss defined by RCW 10.99.020(2) shall be required to appear in person before a magistrate within one judicial day after the arrest. (2) A defendant who is charged by citation, complaint, or information with an offense involving domestic violence as defined by RCW 10.99.020(2) and not arrested shall appear in court for arraignment in person as soon as practicable, but in no event later than fourteen days after the next day on which court is in session following the issuance of the citation or the filing of the complaint or information. (3) At the time of the appearances provided in subsection (1) qr (2) of this section, the court shall determine the necessity of imposing a no contact order or other conditions of pretrial release according to the procedures established by court rule for a preliminary appearance or an arraignment. 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 RCW 9A.04A10 in any further acts of violence, as one of the conditions of pretrial release, the court may 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 sheriff of the county or chief of police of the municipality in which the defendant resides or to the defend- ant's counsel for safekeeping. The decision of the judge and findings of fact in support thereof shall be in writing. (4) Appearances required pursuant to this section are mandatory and cannot be waived. (5) The no-contact order shall be issued and entered with the appropriate law enforcement agency pursuant to the procedures outlined in RCW 10.99.040(2) and (4). 10.99.050. Restriction or prohibition of contact with victimwProce. (~) When a defendant is found guilty of a crime and a condition of the sentence restricts the defendant's ability to have contact with the victim, such condition shall be recorded and a written certified copy of that order shall be provided to the victim. (2) Whenever an order prohibiting contact is issued pursuant to this section, the clerk of the court shall forward a copy of the 'order on or before the next judicial day to the appropriate law enforcement agency specified in the order. Upon receipt of the copy of the order the law enforcement agency shall forthwith enter the order for one year into any computer-based criminal intelligence information system available in this state used by law enforeament agencies to list outstanding warrants. Entry into the law enforcement information system constitutes notice to all law enforcement agencies of the existence of the order. The order is fully enforceable in any jurisdiction in the state. 10.99.055. Enforcement of order8 against defendants A peace officer in this state shall enforce an order issued by anycourt in this state restricting a defendant's ability to have contact with a victim by arresting and taking the defendant into custody, pending release on bail, personal recognizance, or court order, when the officer has probable cause to believe that the defendant has violated the terms of that order. 2b .... 010. ' Definitions As used in, thi.s chapter, the following terms shall have the meanings given them: (1) "Domestic violence" means: (a) Physical harm, bodily injury, assault, or the infliction of fear of imminent physical harm, bodily injury or assault, between family or household members; or (b) sexual assault of one family or household member by another. (2) "Family or household members" means spouses, former spouses, adult persons related by blood or marriage, 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. (3) "Court" includes the superior, district, and municipal courts of the state of Washington. (4) "Judicial day" does not include Saturdays, Sundays, or legal holidays. 26.50.020. Commencement of action--Jurisdiction--Venue (1) Any person may seek relief under this chapter by filing a petition with a court alleging that the person has been the victim of domestic violence committed by the respondent. The person may petition for relief on behalf of himself or herself and on behalf of minor family or household members. (2) The courts defined 'in RCW 26.50.010(3) have jurisdiction over pro- ceedings under this chapter. If a proceeding under chapter 26.09, 26.12, or 26.26 RCW is commenced in a superior court before or after the filing of an action iu a district or municipal court under this chapter, then the superior court shall have exclusive jurisdiction over proceedings under this chapter. Any municipal or district court order entered while that court had jurisdic- tion remains valid until superseded by a superior court order. (3) An action under this chapter shall be filed in the county or the municipality where the petitioner resides, unless the petitioner has left the residence or household to avoid abuse. In that case, the petitioner may bring an action in the county or municipality of the previous or the new household or residence. (4) A person's right to petition for relief under this chapter is not affected by the person leaving the residence or household t~ avoid abuse. (5) If an action under this chapter is commenced in a district or municipal court and a petitioner or respondent contest~ custody or visitation rights, then, upon the motion of either party containing proof that the petition for relief under this chapter has been filed with the superior court, the dis~ict or municipal court shall dismiss the action. 26.50.030. Petition for an order for protection--Availability of forms and instructional brochures--Filing fee-Bond not re- quired There shall exist an action known as a petition for an order for protection in cases of domestic violence. (1) A petition for relief shall allege the existence of domestic violence, and shall be accompanied by an affidavit made under oath stating the specific facts and circumstances from which relief is sought. (2) A petition for relief may be made regardless of whether or not there is a pending lawsuit, complaint, petition, or other action between the parties. (3) All court clerk's offices shall make available simplified forms and instructional brochures. Any assistance or information provided by clerks under this section does not constitute the practice of law and clerks are not responsible for incorrect information contained in a petition. (4) A filing fee of twenty dollars shall be charged for proceedings under this section. Forms and instructional brochures shall be provided free of charge. (5) A person is not required to post a bond to obtain relief in any proceeding under this section. 26.50.035. ~ .Iopment of forms and instructional broctL~res by the .dministrator for the courts--Distribution The administrator for the courts shall develop and prepare, m consulta- tion with interested t~rsons, the forms and instructional brochures re- quired under RCW 26.50.030(3). These forms shall be distributed to and available for use by the court clerks before September 1, 1984. 26.50.040. Application for leave to proceed in forma pauperis (1) Persons seeking relief under this chapter may file an application for leave to proceed in forma pauperis on forms supplied by the court. If the court determines that a petitioner lacks the funds to pay the costs of filing, the petitioner shall be granted leave to proceed in forms pauperis and no filing fee shall be charged by the court to the petitioner for relief sought under this chapter. (2) For the purpose of determining whether a petitioner has the funds available to pay the costs of filing an action under this chapter, the income of the household or family member named as the respondent is not considered. 26.50.050. Hearing-~erviee--Time Upon receipt of the petition, the court shall order a hearing whiel~ shal~ he held not later than fourteen days from the date of the order. Personal service shall be made upon the respondent not less than five court days prior to the hearing. If timely service cannot he made, the court may set a new hearing date. 26.50.060. Relief Upon notice and~after hearing, the court may provide relief as follows: (1) Restrain a party from committing acts of domestic violence; (2) Exclude the respondent from the dwelling which the parties share or from the residence of the petitioner; (3) On the san!e basis as is provided in chapter 26.09 RCW, award temporary custody and establish temporary visitatinn with regard to minor children of the parties, and restrain any party from interfering with the custody of the minor children; (4) Order the respondent to participate in treatment or counseling servic- es; (5) Order other relief its it deems necessary for the protection of a family or household member, including orders or directives to a peace officer, as allowed under this chapter; and (6) Require the respondent to pay the filing fee and court co,;ts, includ- ing service fees, and to reimburse the petitioner for costs incurred in bringing the action, including a reasonable attorney's fee. Any relief granted hy the order for protection, other than a judgment for cost.s, shall be for a fixed period not to exceed or, e year. 26f~.070. Ex parte temporary order for protections " ~ ~'here an application under this section ~ ,'es that irreparable injury could result from domestic violence if an order is not issued immediately without prior notice to the respondent, the court may grant an ex parte temporary order for protection, l~nding a full hearing, and grant relief as the court deems proper, including an order: (al Restraining any party from committing acts of domestic violence; (b) Excluding any party from tile dwelling shared or from the .reside~ce of the other until further order of the court; and (c) Restraining any party from interfering with the other's custody of the mi~or children or from removing the children from the jurisdiction of the court. (2) Irreparable injury under this section includes but is not limited to situations in which the respondent has recently threatened petitioner with bodily injury or has engaged in acts of domestic violence against the petitioner. (3) The court shall hold an ex parte hearing in person or by telephon~ on tile day the petition is filed or on the following judicial day. (4) An ex parle temporary order for protection shall be effective for a fixed period not to exceed fourteen days, but may be reissued. A full hearing, as provided in this chapter, shall be set for not later than fourteen days from the issuance of the temporary order. The respondent shall be served with a copy of the ex parte order along with a c,opy of the petition and notice of the date set for the hearing. 26.50.080. Issuance of order--Assistance of peace officerwDeslgnation of appropriate law enforcement agency When an order is issued under this chapter upon request of the petition- er, the court may order a peace officer to accompany the petitioner and ~tssist in placing the petitioner in possession of the dwelling or residence, or otherwise assist in the execution of the order of protection. Orders issued un(let this chapter shall include a designation of the appropriate law enforcement agency to execute, serve, or enforce the order. 26.50.090. Order--Service (1) An order issued under this chapter shall be personally served upon the respondent, except as provided in subsection (6) of this section. (2) The sheriff of the county or the peace officers of the municipality in which the respondent resides shall serve the respondent personally unless the petitioner elects to have the respondent served by a private party. (3) If service by a sheriff or municipal peace officer is to be used, the clerk of the court shall have a copy of any order issued under this chapter forwarded on or before the next judicial day to the appropriate law enforcement agency specified in the order for service upon the respondent. Service of an order issued'under this chapter shall take precedence over the service of other documents~ dnleas 'they are of a ~imilar emergency nature. (4) If the sheriff or municipal peace officer cannot complete service upon the respondent within ten days, the sheriff or municipal peace officer shall notify the petitioner.'. T, he p,etitioner shall provide information sufficient to permi~t, notification.* (5) Returns of service under this chapter shall be made in accordance with the applicable court rules. (6) If an order entered by the court recites that the respondent appeared in person before the court, the necessity for further service is waived and proof of service of that order is not necessary. 26.50.100.' Order-Transmittal to law enforcement agency--Record in ' ' ' "* law enforcement Snformation system--Enforceability A copy of an order for protection granted under this chapter shall be forwarded by the clerk of. the court on or before the next judicial day to the appropriate law enforcement agency specified in the order, r Upon receipt of the order, the law enforcement agency shall forthwith enter the order for one year into any computer-based criminal intelligence information system available in this state used by law enforcement agen- cies to list outstanding warrants. Entry into the law enforcement informa- tion system constitutes notice to ali law enforcement agencies of the existen?~ of the order. The order is fully enforceable in any county in.the state. 26.50.11°~ Violation of order--Penalties (1) V~,.~never an order for protectioh is granted und, .his ~chapter ~.nd the respondent or person to be rsstrained knows of the order, a violation of the restraint provisions or of a provision excluding the person from a residence.~is a misdemeanor. i2) A peace officer shall arrest without a warrant and take into custody a person whom the peace officer has probable cause to believe has violated an order issugd under this chapter that restrains the person or excludes the person from a residence, if the person restrained knows of the order. (3) A violation of an order for protection shall also constitute contempt of ~ourt, and is subject~ to the penalties prescribed by law. (4) Upon the filing of an affidavit by the petitioner or any peace officer alleging that the respondent has violated an order for protection grahted under this chapter, the court may issue an order to the respondent, requiring the respondent to.appear and show cause within fourteen days why the respondent should not be found in contempt of court and punished accordingly. The hearing may be held in the court of any county or municipality in which the petitioner or respondent temporarily or perma- nently resides at the time of the alleged violation. 26.50.120. Violation of order~Prosecuting attorney or attorney for municipall,ty may be requested to' assist--Costs and at, tor- ney's fee' When a party alleging a violation of an order for protection issued under this chapter states that the party is unable to afford private counsel and asks the prosecuting attorney for the county or the attorney for the municipality in which the order was issued for assistance, the attorney shall initiate and prosecute a contempt proceeding if there is probable cause to believe that the violation occurred. In this action, the court may require the violator of the order to pay the costs incurred in bringing the action, including a reasonable attorney's fee. 26.50.130. OrdermModification--Transmittal Upon application with notice to all parties and after a hearing, the court may modify the terms' of an existing order for protection. In any situation where an order is terminated or modified b~fore its expiration date, the clerk of the court shall forward on or before the next judicial day a true copy of the modified order or the termination order to the appropriate law enforcement agency specified in the modified or termination order. Upon receipt of the order, the law enforcement agency shall promptly enter it in the law enforcement !nforma~t!on,, system. 26.50.140. Peace officers--Immunity · No peace officer may be held criminally or civilly liable for making an arrest under RCW 26.50.110 if the police officer act~ in good faith and without malice. 26.50.200. Title to real e~tate---Effeet Nothing in thi~ act ~ may affect the title to real estate. 26.50.210. Proceedings additional Any proceeding under this act~ is in addition to other civil or criminal remedies. 26.50.900. Short title .. This chapter may be cited as the "Domestic Violence Prevention Act". 26.50.901. Effective date--1984 c Sections 1 through ~9 of this act ~hall take effect on September 1, 1984. 26.50.902. Severability--1984 c 263 If any provision of this act or its application to any person or circum- stance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. 9A.3b.d50 Reckle,~s endangerment. (ll A rson is guilty of reckless endangerment when he recklessly engages in conduct which creates a substantial risk of death or serious physical in- jury to another person. (2) Reckless endangerment is a gross misdemeanor. 9.61.230 Telephone e~ll.~ to harass, Intimidate, torment or embarra&~. Every person who, with intent to harass, intimidate, torment or embarrass any other person, shall make a telephone call to such other person: (1) Using any lewd, lascivious, profane, indecent, or obscene words or language, or suggesting the commission of any lewd or lascivious act; or (2) anonymously or repeatedly or at an extremely inconven- ient hour, whether or not conversation ensues; or (3) threatening to inflict injury on the person or property of the person called or any member of his family; or (4) without purpose of legitimate communication; shall be_ guilty of a misdemeanor. 9.61.240 Telephone calls to har~% intimidate, torment or embarras~--Permittin~ telephone to be nsed. Any person who knowingly permits any telephone under his control to be used for any purpose prohibited by RCW 9.61.230 shall be guilty of a misdemeanor. 9.61.250 Telephone calls to hsrn,ss, intimidtto, torment or embarra~$;~ ~ Offense, where deemed committed. Any offense com- mitred by use of a telephone as set forth in RCW 9.61.230 may be deemed to have been committed either at the place from which the telephone call or calls were made or at the place where the telephone call or calis were received. ~, 9A.56. 0 Del'iniflons. Th~, following clef ir "ins are ap- plicable in this chapter unless the context other, s,se requires: ,,'~ (1) "Appropriate lost or misdelivered property or services" .', means obtaining or exerting control over the property or serv- ,, ices of another which the actor knows tc~ have been lost or mis- ~ laid, or to have been delivered under a mistake as to identity of the recipient or as to the nature or amount of the property; (2) "By. color or aid of deception" means that the deception operated to bring about the obtaining of the property or serv- ices; it is not necessary that deception be the ~ole means of ob- taining the property or services; (3) "Credit card" means any instrument or device, whether incomplete, revoked, or expired, whether known as a credit card, credit plate, charge plate, courtesy card, or by any other name, issued with or without fee for the use of the cardholder in ob- raining money, goods, services, or anything else of value, inelud-. lng satisfaction of a debt or the payment of a cheek drawn by a eardholder, either on credit or in consideration of an undertak- ' lng or guarantee by the issuer; (4) "Deception" occurs when an actor knowingly: (a) Creates or confirms another's false impression which lhe actor knows to be false; or (b) Fails to correct another's impression which the actor pre- viously has created or e0nfirmed; or ' (e) Prevents another from acquiring information material to the disposition of the property involved; or (d) Transfers or encumbers property without disclosing a lien, adverse claim, or other legal impediment to the enjoyment of the property, whether that impediment is or is not valid, or is or is not a matter of official record; or (e) Promises performance which the actor does not intend lo perform or knows will not be performed. (5) "Deprive" in addition to its common meaning means to make unauthorized use or an unauthorized copy of records, in- formation, data, trade secrets, or computer programs, provided that the aforementioned are of a private proprietary nature; (6) "Obtain control over" in addition to its common meaning, means: (a) In relation to property, to bring about a transfer or pur- porled transfer to the obtainer or another of a legally recognized interest in the property; or (b) in relation to labor or service, to secure performance 1hereof for the benefits of the obtainer or another; (7) "Wrongfully obtains" or "exerts unauthorized control" means: (a) To take the property or services of another; or (b) Having any property or services in one's possession, cus- tody or control as bailee, factor, pledgee, servant, attorney, agent, employee, trustee, executor, administrator, guardian, or officer of any person, estate, assoqiation, or corporation, or as a public officer, or person authorized by agreement or competent authority to take or hold such possession, custody, or control, to secrete, withhold, or appropriate the same to his own use or to the use of any person other than the true owner or person enti- tled thereto; (8) "Owner" means a person, other than the actor, who has possession of or any other interest in the property or services in- volved, and without whose consent the actor has no authority to exert control over the property.or services; (9) "Receive" includes, but is not limited to, acquiring title, possession, control, or a security interest,' or any other interest in the property; (10) "Services" includes, but is not limited to, labor, profes- sional services, transportation services, electronic computer serv- ices, the supplying of hotel accommodations, restaurant services, entertainment, the supplying of equipment for use, and the supplying of commodities of a public utility natm-e such as gas, electricity, steam, and water; (11) "Stolen" means obtained by theft, robbery, or extortion; (12) Value. (a) "Valde"' means the market value of the property or 'services at the time and in the approximate area of the criminal act. (b) Whether or not they have been issued or delivered, writ- 'ten instruments, except those having a readily ascertained mar- ket value, shall be evaluated as follows: (i) The value of an instrument constituting an evidence of debt, such as a check, draft, or promissory note, shall be deemed th, nrnnunt due or collectible thereon or thereby, that figure or- dinarily being the face amount of the indebtedness less any por- tion thereof which has been satisfied; (ii) The value of a ticket or equivalent instrument which evi- dences a righ.t to receive transportation, entertainment, or other service shall be deemed the price stated thereon, if any; and if no price is stated thereon, the value shall be deemed the price of such ticket or equivalent instrument which the issuer charged the general public; (iii) The value of any other instrument that creates, releases, discharges, or otherwise affects any valuable legal right, privi- lege, or obligation shall be deemed the greatest amount of eco- nomic loss which the owner of the instrument might reasonably suffer by virtue of the loss of the instrument. (c) Whenever any series of transactions which constitute theft, would, when considered separately, constitute theft in the third degree because of value, and said series of transactions are a part of a common scheme or plan, then the transactions may be aggregated in one count and the sum of the value of all said transactions shall be the value considered in determining the de- gree of theft involved. (d) Whenever any person is charged with possessing stolen property and such person has unlawfully in his possession at the same time the stolen property of more than one person, then the stolen property possessed may be aggregated in one count and the sum of the value of all said stolen property shall be the value considered in determining the degree of theft involved. ie) Property or services having value that cannot be ascer- tained pursuant to the standards set forth above shall be deemed to be of a value not exceeding two hundred and fifty dollars. (13} 'Shoppin~ cart' means a basket mounted on vheels or similar container generally used in a retail establishment by a customer for the purpose of transportin9 goods of any kind; (14) 'Parkinq area' means a parking lot or other property provided by retailers for use by a customer for parking an automobile or other vehicle. 9A.56 20 Theft--Definition, defense. (1) ' eft" means: (a) To wrongfully obtain or exert unauthorized control over the property or services of another or the. value thereof, with in- tent to deprive him of such property or services; or (b) By color or aid of deception to obtain control over the property or services of another or the value thereof, with intent to deprive him of such property or services; of (c) To appropriate lost or misdelivered property or services of another, or the value thereof, with intent to deprive him of such property or services. (2) In any prosecution for theft, it shall be a sufficient de- fense that the property or service was appropriated openly and avowedly under a claim of title made in good faith, even though the claim be untenable. 9A.56.050 Theft in the third degree. (1) A person is guilty of theft in the third degree if he commits theft of proper- ty or services which does not exceed two hundred and fifty dol- lars in value. (2) Theft in the third degree is a gross misdemeanor. 9A.56.140 Posse,~sing stolen proimrty--Definition--Credit c~trds, presumption. (1) "Possessing stolen propet~ty'' means knowingly to receive, retain, possess, conceal, or dispose of sto- len property knowing Ihal it has been stolen and to withhold or appropriate the same to the use of any person other than the true owner or person enlitled thereto. (2) The fact that lhe person who slole ~hc property has not been convicted, apprehended, or idenlified is not a defense to a charge of possessing stolen properly. (3i When a person no! an issuer or agent thereof has in his possession or under his control stolen credit cards issued in the names of lwo or more persons, he shall be presumed lo know that they are slolen. This pre.sumption may be rebutted by evi- dence raising a reasonable inference that the,possession of such stolen credit cards was without knowledge lhat they were stolen. 9A.56.170 Possessing stolen proinrty in the third degree,, (1) A person is guilty of possessing stolen property in the third degree if he possesses stolen property which does not exceed two hundred fifty dollars in value. (2) Possessing stolen property in the third degree is a gross misdemeanor. 9/. ,060.. Unlawful I~uance of ch~k~ or draf (1) Any. person who s3all with intent to defraud, make, or draw, or utter, or deliver to another person any check, or d'raft, on a bank or other depository for the payment of money,~ knowing at the time of such drawing, or delivery, that~ he ha~ not sufficient fu0ds in, or credit with said bank or othgr depository, to meet said check or draft, in full upon its presentation, shall be guilty of unlawful issuance of bank check. The word "credit" as used .herein shall be construed to mean ~n arrangement or ~inderstanding with the bank or other depository for the payment of such check or draft, and the uttering or delivery of such a check or draft to another person without such fund or credit to meet the same shall be prima facie evidence of an intent to defraud. (2) Any per, on who ~hall with intent to defraud, make, or draw, or utter, or deliver to another person any check, or draft on a bank or other depository for the payment of money and who issues a stop-payment order directing the bank or depository on which the check is drawn not to honor said check, and who fails to make payment of money in the amount of the check or draft or otherwise arrange a settlement agreed upon by the holder of the chock within' twenty days of issuing said check or draft shall be guilty of unlawful i~suance of a bank check. (3) When any series of transactions which constitute unlawful issuance of a bank check would, when considered separately, constitute unlawful issuance of a bank check in an amount of two hundred fifty dollars or less because of value, and the series of transactions are a par~ of a common s~heme o~ plan, the transactions may be aggregated in one count and the 8urn of the value of all of the transactions shall be the value considered in determining whether the unlawful' issuance of a bank check is to be punished as a class C felony or a groins misdemeanor. ~, (4) Unlawful issuance of a bank check in an amount greater than two hundred fifty dollans is a class C felony. (5) Unlawful issuance of a bank check in an amount of two hundred fifty dollars or less i~ a gross misdemeanor and shall be punished as follows: (a) The court shall brder the defendant t~ make full restitution; (b) The defendant need not be imprisoned, but the court shall impose a minimum fine of five hundred dollars. Of the fine imposed, at least fifty dollars shall not be s~ispended or deferred. Upon conviction for a second offense within any twelve-month period, the court may suspend or defer only'that portion of the fine which is in excess of five hundred dollars. 9A.52.010. Definitions The following definitions apply in this chapter: '- ('1) "Premises" includes any building, dwelling, or any real' property; (2) "Enter". The word "enter" when constituting an element or part of a crime, shall include the entrance of the person, or the insertion of any part of his body, or any instrument or weapon held in his hand and used or intended to be used to threaten or intimidate a person or to detach or remove proper~y; (3) "Enters or remains unlawfully". A person "enters or remains unlaw- fully" in or upon premises, when he is not then licensed, invited, or otherwise privileged to so enter or remain. A license or privilege to enter or remain in a building which is only partly open to the public is not a license or privilege to enter or remain in that part of a building which is not open to the public. A person who enters or remains upon unimproved and apparently unused land, which is neither fenced nor otherwise enclosed in a manner designed to exclude intruders, does so with license and privilege unless notice against trespass is personal- ly communicated to him by the owner of the land or some other authorized person, or unless notice is given by posting in a conspicuous manner. Land that is used for growing an agricultural crop or crops, other than timber, is not unimproved and apparently unused ]and if a crop or any other sign of cultivation is visible. Similarly, a field fenced in any manner is not unimproved and apparently unused land; ~ (4)"Data" means a representation of information, knowledge, facts, concepts, or instructions that are being prepared or have been prepared in a formalized manner and are intended for use in a computer; ?r (5) "Computer program" means an ordered set of data representing coded instructions or statements that when executed by a computer cause the computer to process data; ? (6) "Access" means to approach, instruct, communicate with, store data in, retrieve data from, or otherwise make use or, any resources of a computer, directly or by electronic means. 9A:52.070~. Criminal trespass in the first 'degree (1) A ~ son ia guilty of.criminal trespass in the fi,.~ degree if he knowingly enters or remains unlawfully in a buildirlg. (2) Criminal trespass in the first degree is a gross mmdemeanor. 9A.52.080. ,Criminal tr~pa~ in ~the second degree ...... (1) A person is" guilty of Criminal trespass in the Second degree if he knowingly enters or remains unlawfully in or upon premises of another under circumstances not'constitute, g criminal trespass in the first degree, (2) Criminal trespass in the second de.gree, is a misdemeaport ' 9A.52.090 ' Criminal trespe.s~~. Defenses. In any prosecu- tion under RCW 9A.52.070 and 9A.52.080, it is a defense that: (1) A building involved in an offense under RCW 9A.52.070 was abandoned; or (2) The premises were at' the time open to members of the public and .the actor complied with all lawful conditions imposed on access to or remaifiing in the premises; or (3) The actor ~.'easonal~ly believed that the owner of the premises, or other person empowered to license access thereto, would have licensed him to enter or remain. 9A.52.100~ ,Vehicle prowling in the second degree (1) A person is gui!t~' of vehicle prowling in the second degree if, with inten.t to commit a crime against a person or property therein, he enters or remmns unlawfully in a vehicle other than a motor home, as defined in RCW 46.04.305, or a vessel equilDped (or propulsion by mechanical means or by Sail which has a cabin eqmpped'with permanently installed sleeping quarters or cooking facilities. " (2) Vehicle prowling, in the second degree is a gross misdemeanor. 9A.84.020 Failure to disperse. (1) A person is guilty of failure to disperse if: (a) He congregates wit. h a group of three or more other per. sons and there are acts of conduct within that group which ere- ate a substantial risk of causing injury to any person, or sub- stantial harm to property; and (b) tie refuses' or fails to disperse when ordered to do so by a peace officer or other public servant engaged in enforcing or ~euting the law. (2) Failure to disperse is a misdemeanor. 66.44.100. Opening or consuming liquor in public place--Pen- alty Except as permitted by this title, no person shall open the package containing liquor or consume liquor in a public place. Every person who violates any provision of this section shall be guilty of a misdemeanor, and on conviction therefor shall be fined not more than one hundred dollars. ...76.030 Refusing to summon ai~ ~r a imace officer. (1) A person is guilty of refusing to summon aid for a peace of- fleer if, upon request by a pe~,'son he knows to be a peace officer, he unreasonably refuses or fails to summon aid for such peace officer. (2) Refusing to summon aid for a peace officer _~s a misde- meanor. 9A.84.040 False reporting. (1) A person is guilty of false reporting if with knowledge that the information reported, con- veyed or circulated is false, he initiates or circulates a false re- port or warning of an alleged occurrence or impending occur- fence of a fire, explosion, crime, catastrophe, or emergency knowing that such false report is likely to cause ewtcuation of a buildinlz, place of assembly, or Iransportation facility, or to cause public inconvenience or alarm. (2) False reporting is a gross misdemeanor. 66.44.290. Minor purchasing or attempting to purchase liquor Every person under the age of twenty-one years who purchases or attempts to purchase liquor shall be guilty,of a violation of this title. , 66.44.291. Minor purchasing or attempting to purchase li- quor~Penalty against persons between ages of eighteen and twenty, inclusive Every person between the ages of eighteen and twenty, inclusive, who is convicted of a violation of RCW 66.44.290 shall be punished by a fine of not less than twenty-five dollars nor more than one hundred dollars, or by imprisonment in the county jail for a term of not more than thirty days, or both. 66.44.325. Unlawful transfer to a minor of an identification of age Any person who transfers in any manner an identification of age to a minor for the purpose of permitting such minor to obtain alcoholic beverages shall be guilty of a misdemeanor: Pro~fided~ That corroborative testimony of a witness other than the minor shall be a condition precedent to conviction. 9.41.0~ TeFnu defined (1) ".',~mrt firearm" or "pistol" as used in this chaptel ..,cans any firearm with a barrel less than twelve inches in length; , · (2) "Crime of violence'' as used in this chapter means: (a) Any of the following felonies, as now existing or hereafter amended: Any felony defined under any law as a class A felony or an attempt to commit a class A felony, criminal solicitation of or criminal conspiracy to commit a cla~s A felony, manslaughter in the first degree, manslaughter in the second degree, indecent liberties if committed by forcible compulsion,. rape in the second degree, kidnapping in the second degree, arson in the second degree, assault in the second degree, extortion in the first degree, burglary in the second degree, and robbery in the second degree; (b) Any conviction for a felony offense in effect at any time prior to July 1, 1976, which is comparable to a felony classified as a crime of violence, in subsection (2Xa) of this. section; and (c) Any federal or out,f-state conviction for an offense comparable to a felony classified as a crime of violence under subsection (2Xa) or (b) of this section. (3) "Firearm" as used in this chapter means a weapon or device from which a 'projectile may be fired by an explosive Such as gunpowder. (4) "Commercial seller" a~ used in this chapter means a person who has a federal fu'earms license. 9.41.050. Cmrrying pistol " (1) Ex&ept in the ,person's place of abode or fixed place of' business, a person shall not carry a pistol concealed on his 9r h. er. person without l!eense to carry a concealed weapot~. (2). A person who is in possession of an unloaded pistol shall not leave the unloaded pistol in a vehicle unless the unloaded pistol is locked within the vehicle and concealed from view from outside the vehicle. (3) A perao'n shall not carry or place a loaded pistol in any vehicle unless the person has a license to carry a concealed weapon and: (a) The pistol is on the licensee's person, (b) tl~e licensee is within the vehiole at all times that the pis.tol is there, or (c) the licensee is away from the vehicle and the pistol is locked within the vehicle and concealed from view from outside the vehicle. 9.41.060 Exception to carrying pistol restriction. The provi- sions of RCW 9.41.050 shall not apply to marshals, sheriffs, pris- on or jail wardens or their deputies, policemen or other law en- forcement officers, or to member's of the army, navy or marine corps of lhe United Slates or of the national guard or organized reserves when on duly, or to regularly enrolled members of any organization duly ;tulhorized to purchase or receive such weap- ons from the United Stales or from this st;~le, or lo regularly en- rolled members of clubs organized for' the purpose of target shooting or modern an(l anliqu(, firc;,rm collecting or to individ- ual hunters: Provided, Such members are at, or are going to or from their' places of target practice, oz' their collector's gun shows and exhibits, or are on a hunting, camping or fishing trip, or to officers or employees of the United States duly authorized to carry a concealed pistol, or t$~a-ny person engagecl in tine busi- ness of manufacturing, repairing, or dealing in firearms or the agent or representative of any such person having in his posses- sion, using, or carrying a pislol in the usual or ordinary course of such business, or to any person ~vhile carrying a pistol un. loaded and in a secure wrapper from lhe place of purchase to his home or place of business or to a place, of repair or back to his home or place of business or in moving from one place of abode Or business to another. Ilce. pOqs to,earry~Fee~--Revoention- ...enewni ' (1),The judge of a court of record, the chief of police of a municipality, or the sheriff, of a county, Shall within thirty days after the filin~g of an application of any person issue a license to such person to carry a pistol concealed on his person within this state for four years from date of issue, for the pu~oses of protection or while engaged in business, sport or while traveling,' However, if the applicant does not have a valid permanent Washingto~ drivqr's license or Washington state identification card or has. not been a' resident of the state for the previous consecutive ninety days, the issuing authority .shall have up to sixty days after the filing of the application to issue a license. Such 'citizen's constitutional right to bear arms shall not be denied to him, unless he: (a) Is ineligible to own a pistol under the provisions' of RCW 9.41.0401 or' '(b) Is under twenty-one years of age; or ' (c) Is subject to a court order or injunction regar.ding firearms pursuant to RCW 10~99.040, '10.99.045, or 26.09.060; or (d) Is free on bond,or personal recognizance pending trial, appeal, or Sentencing for a crime of violence; or , (e) Has an 'obtstanding warrant for his or her arrest from any court of c..0mpetent j.u~sdicti~n if0r a' felony or misdemeanor. The .license shall be revoked immediately upon conviction of a crime which ,makoa.auch a person ineligible to own a pistol or upon the third conviction for a,violation of this chapter within five calendar years. The license shall be, in triplicate, in form to be prescribed by the department of licensing, and shall bear the name, address, and description, fingerprints and signature of the licensee, and the licensee's driver's license number or state identification card number if used for identification in applying for the'license. The 'original thereof shall be delivered to the licensee, the duplicate 'shall within seven days be sent by registered mail to the director of licensing and the triplicate shall be preserved for six yearq, by the authority issuing said license. (2) The fee for the original issuance of a four-year license shall be twenty dollar~: Provided, That 'no other additional charges by any branch or unit of government shall be borne by the applicant for the issuance of the license: Provided further, That the fee shall be distributed as follows: (a) Four dollars shall be paid to the state general fund; (b) Four dollars shall be paid tothe agency taking the fingerprint~ of the person licensed; and ,-' (c) Twelve dollars shall be p, aid to the issuing authority for the purpose of enforcing t,his chapter. (3) Tha fee for the renewal of such license shall be twelve dollars: Provided, That no other additional charges by any branch or unit of government shall be home,by the applicant for the renewal of the license: PrOvided further, '~h~t the fee shall be distributed as fgllows: (a) Four dollars shall be' p~id to the state general fund; and Co) Eight. dollars 'shall be Paid ,to the issuing authority for the purpose of enforcing YJ~ chapter.~ ......... . .... ~ ............. (4) A licensee '~nay renew a license i~'ti~~ lieens~e'aPplies for renewal within ninety days before or after the expiration date of the license. A license ,so renewed, shall take effect on the'expiration 'date of 'the prior. license. A licensee renewing after the expiration date of the. license must pay a lat~ renewal penalty of ten doilar~ in addition to the. renewal fee. specified in I~ubseetion (3) of ~his section. . (5) NOtwithstanding the requirements of' subsections (1) through (4) Of this section, the' chief of police of the municipality or the sheriff Of the county of the applicant's residence may iSsue"a-temporary emergency license .for, good cause pending review Under subsection (1) of this section.' . (6) A political subdivision of the state shall ~ot modify the requirements of this section. A civil s~it may be brought to enjoin a wrongful rbfusal to issue a .license. The prevailing party is. entitled, to reasonable costs, including attor, neys' fee~. .,, ~ · J.41.080 mUvery to minors sad t. ~'rs forbidden. No Per- son shall deliver a pistol to any person under the age of twenty. one or to one who he has reasonable cause to believe has been convicted of a crime of violence, or is a drug addict, an habitual drunkard, or of unsotmd mind. p.~l,~&"/~omm~clal ~les ,?~lq~d--~utremen~ for delive~ :,1. Hold on delivery .... ,, (1) In ~addition ~ the other ~quiremen~ o~ th~ chap~r, no ~mme~ial seller shall deliver a pis~l ~ ~e purch~er thereof until: , (a)~e pUrch~er produces a valid concealed pis~l license and the co~merc~] seller has reeorded ~he purchaser's name, ]ieense number, and ~suing agency,' such'record ~o be mad~ in dupli~a~ and processed as p~vided ip subsection (4) of this section;' or ~ . *' ' .~) ~e seller iS notified i~'wfiting by the chief of police of the municipat- o( o.oty RCW 9.41.040'knd that' th6 application ~ purchase is'gran~d; .'qF (c) Five consecutive days including Saturd~y, Sunday and holidays ha~o el~psed from the ~me of receipt of rise application for the purchase thereof as provided herein by the chief of police or sheriff designa~d in subsection (4) of this section, and,'when delivered, said pis~l shall ~ securely wmp~d and shall be unloaded. 'However, if the purchaser does not have a valid ~r~nent W~h~n driver's,license or s~ ~denfi[ica~on ~d h~ not'~en a resident of the s~ for th~ Previous consecutive' nindty days, the wai,~ng pefi~ ~nder this subsection (l~c) shall be up to days.':';~ ':~ .... ' '' ' .' ' :':' : ' '' , " '(2) In any case d~der subsection (i~e) of this seetiofi'~h'ere,the'applieant h~ an ou~'~nding Wa~ang 'for h~'or her arrest,.from an~ eoug comment jurisdiction for a felgny or ~isdemeanor, the seller shall hold delive~ o( ~e pis~l,Until the warrant for arrest is se~ed and Sa~sfied by app~pNa~ COUg appearance. The local jurisdiction for purposes of the sale shall'confi~ th~"e~s~n~e of ouLs~nding wa~an~ within seventy-' two hours=afar notification' of ~e application m purchase a pis~l is ~eeived. The Io~1 jurisdiction shall also immedia~ly confirm the ia~sfa~ tion of the wa~ant on request of the seller so that the hold may be rele~ed if the wa~an~ Was for a crime other than a ~e .of violence., (g) In any case whe~ ~e chief or sheriff of the local,jurisdiction reasonable ~unds based on the following eireums~nces: (a) Open crimi- nal charges, (b) ~nding e~minal proceedings, (e) pending commitment proceedings, (d) an out.riding warrant for a crime of violence, or (e),an a~est for a egme 0f violence if the records of disposition bare not yet been' re~r~ or en~red Sufficiently ~ de~rmine eligibility ~ phreh~e a pistol, ~e local ju~efion may hold' the sale and delive~ of the p2~l ~yond five days up ~ thi~y days. in order ~ confirm existing ~eords in thi~ or elsewhe~. Afar ~y ~ys, ~e hold will ~ lif~d unle~ an ex~nsion of the' ~i~y days ~ appmvM, by a l~al dis~et eou~ or municipal eou~ for g~ cause showm An applicant shall ~ nogfied of each hold placed on the sale by !~1 law enforcement and of any applieagon ~ the eou~ for additional hold ~M'~ c0n~ recess or eonfim the identity of the appli~nC', · . ,~ ; ,,., , , (4) At the time of applying for the purchase of a ~1, the pumh~er shall sign in dupli~ and deliver ~ the seller an appli~on confining his or her full name, ~dross, o~upation, pla~ of bir~, and ~e da~ and hour of the appli~gon; the appli~nt's,dNver's lieenle number or s~ identifi- ~tion ~ numar; and a description of the weapon including, the make, model,, ~ii~r' and manufaetu~r'i nu~be~ and a s~ment that the pureh~er ~ eligible ~ own a pls~l under ECW 9.41.040. The seller shall, by the end of ~e business day, sign and at.eh his or her address and deliver the o~ginal of the application and such other d~umenation ~ required under subsection (1) of this section ~ the chief ~f ~lice of ~e muniei~li~y or ~e sheriff of the county of which the seller ~s a resident. The seller shall deliver the pis~l ~ the pureh~er following · e ~Nod of ~me specified in this section unless the seller is notified in w~ting by the chief of ~]iee of the municipality or the sheriff of the county, whichever is applicable, denying the pumh~er's applieation'~ pu~eh~e and the grounds ,thereof. ~e application shall not be denied unless ~e pu~baser fails ~ meet the requiremen~ specified in 9.41.040. ~e chief of police 6f the municipality or the'county sheriff shall main~in a file confining ~e ori~nal of the apportion ~ purch~e a pis~l. 9.41.093 Exemptions. The following shall be exempt from the provisions of RCW 9,41.090 as now or hereinafter amended: sales by wholesalers to dealers; and the sale of antique pistols exempted by the provisions of RCW 9.41.150, as amended. 9.41.095 Denial of applic~tionmAppeal. Any person whose application to purchase a pistol as provided in RCW 9.41.090 as now or hereinafter amended is denied shall have a right to ap- peal to the legislative body of the municipality or of the county, whichever is applicable, for a review of the denial at a public hearing to be conducted within fifteen days after denial. It shall be the duty of the law enforcement officer recommending the denial to appear at such hearing and to present proof relat. lng to the grounds for denial. In the event that the evidence so presented does not sustain one of the grounds for denial Churner- ated in RCW 9.41.090, the legislative authority shall authorize Se sale. Any person aggrieved by a determination of the appropriate legislative body not to permit the sale of such weapon is entitled to judicial review by the superior court in the appropriate court- ly. 69.50.412. Prohibited acts: E-Penalties (1) It is unlawful for any person to use drug paraphernalia to plant, propagate, cu]tivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain~ conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance. Any person who violates this subsection is guilty of a misdemeanor. (2) It is unlawful for any person to deliver, possess with intent to deliver, or manufacture with intent to deliver drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it wi]] be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, pre- pare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a con- trolled substance. Any person who rio]ares this subsection is guilty of a misdemeanor. (3) Any person eighteen years of age or over who violates sub. section (2) of this section by delivering drug paraphernalia to a person under eighteen years of age who is at least three years his junior is guilty of a gross misdemeanor. (4) It is un]awful for any person to place in any newspaper, magazine, handbill, or other publication any advertiseme:nt, know- ing, or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia. Any person who violates this subsection is guilty of a misdemeanor. 9./-~YT./'* SupplYing information on persons p, ,asing pistols or ~ap- '~ * p. lyigtg for concealed pistol licenses The dep'artment of social land health services, mental health institutions, and other health ca;e facilities shall, upon request of a court or law enforcement agei~Cy, supply such relevant .information as is necessary to deterlnin, e 'the eligibility 0f a person to possess a pistol or to be issued a concealed pistol license u'nder RCW. 9.41.070 or 'to purchase a pistol under RCW 9.41.090. Such information shall' be used exclusivbly fgr the pur- poses ,specified in' this. s~etion and shall not be' made available for public inspection except ,by the person.who is ,the subject of the informati0o., 9.:tl.098. Forfeiture of firearms, order by courts--Returp t0 0wner..-71 ., Conflsc, a. tion,by law enfo.rcement, i~ffi, cer (1) The superior courts and the courts of limited jurisdiction of the state may order f0rfeituro of st firearm which h proven to (a) Found. concealed on a person not authorized by RCW 9.41.060 or 9.41.070 to carry, a concealed pistol: Provided, That it is an absolute defense to forfeiture if the person possessed a valid Washington concealed. pistol license within the preceding two years and has not become ineligible for a concealed pistol license in the interim. Before the firearm may be, returned, the person must pay the past due renewal fee and the current renewal fee; (b) Commercially sold to any person without an application as required by RCW 9.41.090; (c) Found i~ the possession or under the control of a person at the time the person committed or was arrested for committing a crime of violence or a crime in which a firearm was used or displayed or a felony violation of the uniform controlled substances act, chapter 69.50 RCW; (d) Found concealed on a person who is in any place in which a concealed pistol license is required, and who is under the influence of any drug or under the influence of intoxicating liquor, having 0.10 percent or more by weight of alcohol in I~is blood, as shown by chemical analysis of his.breath, blood,' or other bodily substance; (e) Found in the possession of a person prohibited from pesses~ing the firearm under RCW 9.41.040; (f) Found in. the possession of a person free on hail or personal recogni- zance pending trial, appeal, or sentencing for a crime of violence or a crime in which a firearm was used or displayed, except that violations of Title 77 RCW' shall not result in forfeiture under this section; (g) Found in the possession of a person found to have been mentally incompetent while in possession of a firearm when apprehended or who is thereafter committed pursuant to chapter 10.77 or 71.05 RCW; (h) Known ~, have been used or displayed bY a person in the violation of a proper written order of a court of general jurisdiction; or (i) Known to have been used in the commission of a crime of violence or a crime in which a firearm was used or displayed or a felony violation of the uniformedx controlled substances, act, chapter 69.50 RCW. (2) Upon order of forfeiture, the court in its discretion shall orde~ destruction .of any firearm that ,is illegal for any person to possess, retention of the firearm as evidence, appropriate use by a law enforcement ' agency in the state, donation to a historical museum, or sale at a public auction to a commercial seller. The proceeds from any.sale shall be divided as follows} The local jurisdiction shall retain its costs, including actual costs of storage and sale, and shall forward the remainder to the state game commission for use in its firearms training program pursuant to RCW 77.82.155. If the court orders delivery to a law enforcement agency and the agency no longer requires use of the firearm, the agency shall dispose of the firearm in a manner which is consistent with this subsection. (3) The court shall order the firearm returned to the owner upon a showing that there is no probable cause to believe a violation of subsection (1) of this section existed or the firearm was stolen from the owner or the owner neither had knowledge of nor consented to the act or omission involving the firearm which resulted in its forfeiture. (4) A law enforcement officer of the state or of any county or municipali- ty may confiscate a firearm found to be in the possession of a person under circumstances specified in subsection {t) of this section. After confisca- tion, the.firearm shall not be ,surrendered except: (a) To the prosecuting attorney for use in ,¢ubsequent legal proceedings; (b) for disposition according to an order of a court having jurisdiction as provided in subsec- tion (1) of this section; or (c) to the owner if the proceedings are dismissed or as directed in subsection (3) of this s~ction. .9.41.100 Dealers to be licensed. No retail dealer shall sell or otherwise transfer, or expose for sale or transfer, or have in his possession with intent to sell, or otherwise transfer, any pis- tol without being licensed as hereinafter provided. 9.4~.1i0. Dealer's licenses~ by wl~om granted and condition9 there°f-.. Wholesale sales excepted?Permits Prohibited ' ' ,The duly codstitu~d licensing authorities of any city, town, or political subdivision of this state shall' grant licenses in forms prescribed by the director of lidensing effective for not more than one year from the date of issue permitting the licensee to sell pistols within this state subject to the following conditions, for breach of any of 'which the license shall be forfeited and the licensee subject: to punishment as provided in RCW 9.41.010 ~hrough 9.41.160,, (1) The business shall be carried on only in the building designated in the (2) The license or a copy thereof, qertified by the issuing authority, shall be displayed on the premises Where' it can easily be read. (3) No pistol shall be sold (a) in violation of any provisions of RCW 9.41.010 through 9.4~.160, nor (b) shall a pistol be aoldunder any circum- stances unless the. purchaser is personally, known to the seller or shall pre~ent clear eyidence of his identity. . (4) A true record in triplicate shall be made of every pistol sold, in a book kept for the purpose, the form of which may be prescribed by the director of licensing and shall be personally signed by the purchaser and by the person effecting the s~le, each in the presence of the other, and shall contain the date of sale, the caliber, make, model and manufacturer's number of tl~e weapon, the nareS, address, occupation, color and place of htr'th of the purchaser and a statement signed by the purchaser that he has never been convicted in this state or elsewhere of a crime of violence. One copy Shall within six hours be sent: by registered mail to the chief of police of the municipality or the' sheriff of the county of which the dealer is a resident; the-duplicate the dealer ~hall within seven days send to the director of licensing; the triplicate the dealer shall retain for six year~s. (5~ This section shall not,.apply to sales ,at wi~olesale. ' (6) The dealer's licenses authorized to be issued by this section are .general licenses covering all sales by tha licensee within the effective period .of the licenses. {7) Except as provided in RdW' 9.41.090 as now or hereinafter amended, e~ry city, town and ~oolit}cal subdivision of this state is prohibited from requiring the purchaser to secure a permit to purchase o.r from r~equiring ~e dealeiLto ~eeur~ aa individual permit for each ~ale. Th~ fee paid for issuing maid license shall be five dollars which fee shall be paid into the:atate treasury. 9.41.120 Certain transfers forbidden. No person other ~han a duly licensed dealer shall make any loan secured by a mortgage, deposit or pledge of a pistol. Any licensed de~ler re- ceiving a pistol as a deposit or pledge for a loan shall keep such records and make such reports as are provided by law for pawn- brokers and secondhand dealers in cities of the first class. A duly licensed dealer may mortgage any pistol or stock of pistols but shall not deposit or pledge the same with any other person. 9.41.130 Fzlse infornmtion forbidden. No person shall, purchasing or otherwise securing delivery of a pistol or in apply- lng for a license to carry the same, give false information or cot false evidence of his identity. 9.41.140 AlterAtion of identifying marks Exceptions. No person shall change, alter, remove, or obliterate the name of the maker, model, manufacturer's number, or other mark of identifi- cation on any pistol. Possession of any pistol upon which any such mark shall have been changed, altered, removed, or obliter- ated, shall be prima facie evidence that the possessor has changed, altered, removed, or obliterated the same. This shall not .apply to replacement barrels in old revolvers, which barrels are produced by current mantffacltn'crs and therefor do not have the markings on the barrels of the original manufacturers who are no longer in business. 9.41.010 through 9.41.160 shall 9.41.150 Exemptions. aRndC~/,revolvers manufactured prior to not apply to antique pistols 1898 and held as collector's items. 9.41. ,, ,', , '7'~t of section effective July I, ,1985 , ..... Any violation of any provision of this chapter, except a§ o?he~wi~e' provided, shall be a misdemeanor and punishable accordingly. ' ;" .... 9.41.~70. u Ali~n's lieens~ to esrry flresrms--Exeeption ' ' It shall be unlawful for any person who is not a"citizen of the United ' States, or who has not declared his intention to become a citizen of the United States, to carry or have in his possession at any tin/e any shotgun, rifle, or other firearm, without first having obtained a lioense from the director of licensing, and such license is not to be issued by the director of licensing except upon the certificate of the consul domiciled in the state' and representing the country of such alien, that he is a responsible person and upon the payment for the license of the sum of fifteen dollars: Provided, That this section shall not apply to Canadian citizens resident in a province which has an enactment or public policy providing substantially similar, privilege to residents of the state of Washington and who are carrying or possessing weapons for the purpose of using them in the hunting' of game while such. persons are in the act of hunting, or while on a hunting trip, or whila much por~*on~s are competing in a bona fide trap or skeet shoot qr any. other organized contest where rifles, pistols, or shotguns are used as to weapons used in such contest. Nothing in this section shall be construed to allow aliens to 'hunt or fish in this state without first having obtained a reghlar hunting or fishing license. Any person' violating the provisions of this section shall be guilty of a,misd'emeanor. 9.4 230 Aiming or discharg/ng lirear Every person who shall aim any gun, pistol, revolver or other firearm, wheth. er loaded or not,'at or towards any human being, or who shall wilfully discharge any firearm, air gun or other weapon, or throw any deadly, missile in a public place, or in any place where any pe~on might be endangered thereby, although no injury re. suit, shall be guilty of a misdemeanor. 9.41.240 use of firearms by minor. No minor under the age of fourteen years shall handle or have in his possession or under his control, except while accompanied by or under the im- mediate charge of his parent or guardian or other adult ap- proved for the purpose of this section by the parent or guardian, or while under the supervision of a certified safety instructor at an established gun range or forearm training class, any.firearm of any kind for hunting or target practice or for other purposes. Every person violating any of the foregoing provisions, or aiding or knowingly permitting any such minor to violate the same, shall be guilty of a misdemeanor. 9.41.250 Dangerous weaponoo Evidence. Every person who shall manufacture, sell or dispose of or have in his posses- sion any instrument or weapon Of the kind usually known as slung shot, sand club, or metal knuckles, or spring blade knife, or any knife the blade of which is automatically released by a spring mechanism or other mechanical device, or any knife hay- lng a blade which opens, or falls, or is ejected into position by the force of gravity, or by an outward, downward, or centrifugal thrust or movement; who shall furtively carry, with intent to conceal any dagger, dirk, pistol, or other dangerous weapon; or who shall use any contrivance or device for suppressing the noise of any firearm, shall be guilty of a gross misdemeanor. 9.41.260 Dangerous exhibitions. Every proprietor, lessee or occupant of any place of amusement, or any plat of ground or building, who shall allow it to be used for the exhibition of skill in throwing any sharp instrument or in shooting any bow gun, pistol or firearm of any description, at or toward any human being, shall be guilty of a misdemeanor. 9 ..270 Weapons apparently cap,bi,-~v producing bodily lmrm, carrying, exhibiting, displaying or dry. mg unlawful--Pen. alty--Exceptions. (1) It shall be unlawful for anyone to carry, exhibit, display or draw any firearm, dagger, sword, knife or other cutting or stabbing instrument, club, or any other weapon apparently capable of producing bodily harm, in a manner, un- der circumstances, and at a time and place that either manifests an intent to intimidate another or that warrants alarm for the safety of other persons. I2) Any person violating the provisions of subsection (1) above shall be guilty of a gross misdemeanor. (3) Subsection (1) of this section shall not apply to or affect the following: (a) Any act committed by a ~person while in his place of abode or fixed place of business; (b)' Any persoh who by virtue of his office or public employ. ment is vested by law with a dut~ to preserve public safety, maintain public order, or to make arrests for offenses, while in the performance of such duty; (c) Any person acting for the purpose of protecting himself against the use of presently threatened unlawful force by anoth- er, or for the purpose of protecting another against the use of such unlawful force by a third person; (d) Any person making or assisting in making a lawful arrest for the commission of a felony; or (e) Any person engaged in military activities sponsored by the federal or state governments. 9.41.280. students carrying dangerous weapons on school premises-- ,' Penalty---Exceptions ' (1} It is unlawful for an elementary or secondary school student under the age of twenty-one knoWingly to carry onto public or private elementary or secondary school premises: (a) Any firearm; or (b) Any dangerous weapon as defined in RCW 9.41.250; or (c) Any device commonly known as "nun-chu-ka sticks", consisting of two or more lengths of wood, metal, plastic, or similar substance connected with wire, rope, or other means; or (d) Any device, commonly known as "throwing stars", which are multi- pointed, metal objects designed to embed upon impact from any aspect. (2) Any such student violating subsection (1) of this sectio, n is guilty 'of a gross misdemeanor. (3) Subsection (1) of this section does not apply to: (a) Any student of a private military academy; or (b) Any student en~aged in military activities, sponsored by the federal or State governments while engaged in official duties; Or '~ ' (c) AnY student Who is attending a convention or firearms safety Course authorized by School authorities in which the firearms of collectors or instructors are handled or displayed;or (d) Any student ~ who .possesses nun~hu-ka st'icks, throwing stars, or other dangerous weapons to.be used in martial arts classes conducted on the school premises. 9.46. 0 LegL~lsttve declaration. It is here ~ ~leclared to be the policy of the legislature, recognizing the ek,~e relationship between professional gambling and organized crime, to restrain all persons from seeking profit from professional gambling aetiv- , .,.,..,,,...,.,._. 183 ,,~' , ' ! ,I ' , :: ' ''.~ ~' ;"-"" ,/! '~, i'T~ ,:.., ~,,,, ~.4~i0~.'" neflnition., requirements, restrletlofl'~ ,,'i., , ,)i';~;I' , (I) "Amusement game" means it gi~me played for enter~tat~ment, in which: (a) The contestant actively participateS; .... ~,, ,~, ~ ,,,; (b) The outcome depende in a material degree .upon the. skill of.the contestant; ....... , , '~ ,,,. (e) Only merchandise prize9 are awarded~ ,,. .!. ~, ,, , ~.,,:r (d) The outcome is not in the control of the operator; .... (e) The wagers are placed, the winners are determined, and a dtstt%ution Of prizes or property is made ih the presence of ~i]] t)eM6n~ placing wage'rs at such game; and (f) Said game ts conducted or operated by any agrieM]tura[ fair, perS~n, association, or organization in such manner and at nueh locations as may be authorized bY rules and reli~ulations adopted by the commission pursuant ~o this chapter ss now or hereafter amended. Cake walks a~ eommoniy known and fisl~ P°n~s i~ ~cOmmo~ly shall be treated ~s amu,~ement I~nmes for all purposes under thi~ The legt~lat~Jr~ he~b'y iSUtfloi, lzeh' t~e w~eHng on the' miteome of the r~l[ of dice or the flipping of or mRtehtng of eoiM oti the premi,~e,~ of an establishment cng'aged in the business of selllng food or beverages for consumption on the premises to determine which of the ptsrtieipants will pay for certain items of food ot be~eral~es served or ~old by such establish- ment and therein consumed. Such establishments are hereby authorized to possess dice and dice eupZ on thdir~ premises, but only fol' u~e in such limited wagering. Persons engaged in such limited form of wagering shall not be subject to the criminal or civil penalties Otherwise provided for in this chapter: P~Ov~ded, That mitiors shall be barred from engaging in the w~,gering activities allowed by this chapter. (2) "Bingo" means a game conducted only in the county within which the o~ganization is principally lOCated in which prizes are awarded on the basis of designated numbers or symbols .on a card conforming to numbers or symbols Selected at random and in which no cards are sold except at the time .and place of said game, when ~atd game is eofiduCted by a bona fide charitable or nonprofit organization Which does fli)t conduct or allow ils premises to be used for conducting b~ngo 0fi more tl~ah three Occasions per week and which does not e0nduct bingo in any lo~ation which is used for conducLing bingo on more than three OCcasions per week, or if an agrlcul- tur~l fair authorized ~under chapters 15.76 and 36.87 RCW, whleh does not conduct bingo on mote thari twelve eo~secutive dayl~ ir~ any calendar year, and except in the case of any agri~ltural fair ~s atlthorizeti under chapters 15.76 and 36.37 RCW, no per~on other than a botts fide member or an employee of said organization take~ any part 'in the n~anaffement or operation of said game, and no person who takes any part in the manage- meat or operation of said game takes any part in. the management or operation of any game conducted by any other organir~tion or any other branch of the same organizatton,.unless approved by the comminsion, and no l~a~ of the proceeds thereof Int~re.to the ben~fitlof any per~on other ~han ttie organization eonductin~ said g~me. For [hd purposes of this subsection the organizatlon shall be deemed ~0 ~'e prlneipally located in the c0ufity within which it has it~ primary busine.~s office. If the hR.~ no business offic¢,'the , organizaLion shall be dee~ed to be located in the county Of p~ineiPal restdence of its chief executive offleer: Pro~ided, That any organization Which is eotidt~ctlng a~y lieen.~ed and e,~tnblished bingo game, in any locale as of January 1, 1981 shall be exempt from the requirement that such R'arne be conducted in the county in which the organization is principally located. (3) "Bom fide charitable or 'nonprofit orl~nJzation' ~e~n~: (~) any o~g~nizw', duly ~xi~ting unde~ the pm~,io~s of chap~ 4.12, 24.20, or 24.28 RC~, ~n~ a~l~l f~i~ authorized ande~ the p~,eisions of cha~ ~ 16.76 or 36.37 RCW, o~ any nonprofit co~ation duly existing under the provisions of chap~r 24.03 RCW for chasuble, benevolent eleemosy- ~, educational, civic, patHotic, ~litic~l, s~ial, f~l, ~thletic or agricultural pur~se~ only, or any nonprofit organization, whether inco~o- r~d or othe~ise, when found by the commission ~ be organized and operating for one or more of the aforesaid pu~ses only, all of which in the opJhion of the commt~i0n h~ve been organized and are opera~d primarily for pu~6se~ other than the ope~tion of g~mbling nctivitie~ antho~zed unde~ thi~ c~ap~r; or ~) ~ny c0~orat~on which has been inco~o~d unde~ Title 36 U.S.C? and whose principal pu~o~es fu~ish volun~er a~d ~ mem~ of the ~ed fo~es of the Uni~d S~s and ~lso ~ e~ bn ~ sy~m 6f n~Uoh~! ~nd int~tion~l ~lief and to apply the same in tailgating the s~fefings ca.ed by pestilence, famine, f~e, fl~, ~d o~er na~nai ~amifies and m devise ~d car~ on~ me.utes for preventing ~e same. Such. sn org~ization must have been organized ~d continuously o~mting for st ie~t twelve calendar mon~s immed~ly preceding making appli~fion for any license ~ o~ra~ gambling ~fivity, or the o~mfion of any gambling activity authorized by this chsp~r for which no. license is required. It must have not less than fif~en ~na fide active members each wi~ ~e right ~ an equal vo~ in the election of ~e officem, or board membors, if any, who de~rmine the ~iieies of ~e organization in order ~ receive a gambBng license. An organization must demons~a~ ~ the commission ~hat it has made signifi- ~nt progress ~ward the accomplishment of the purposes of ~ organiza- tion during ~e"~elve consecutive month period preceding the date of appli~tion for a li~nse or license renewal. The fact that contributions an organization do not qualify for ehari~ble Contribution deduction put-' ~se~ or ~at organiz~on is not o~e~i~e exempt from payment of; federal ineom mxe~ pumuant ~ the In~rnal Revenue Code of 1054, amended? ~h~ll mn~ti[u~ pdma faeie evidence thai the organization i~ not a ~na fide ~ble 'or nonprofi~ organization for the pur~se8 of [his see[ion. An7 ~on, ~mi~tion or organization which pay~ i~ employee~, includ- ing mem~m, eom~n~aOon othor ~an i8 reasonable [herefor under the. 1~ pmvailin~ ~ge ~le ~hall be deemed pa~ing eom~nsation based pa~ or wholo upon ~eeeip~ relsfing ~ g~mb~ng ac~ivitie~ au[hohzed undor thi~ ehap~r ~d 8h~ll not bo ~ bona fide eh~i~ble or nonpmfi[ organi~a-. tion for the pu~e~ of.~isehap~r. ~ ~. (~) "B~km~ing" mean~ ae~pting be~ ~ a bu~ino~ ,r~ther than in ea~ual or ~mon~l f~hion, u~n [ho ou~omo of futuro'eontin~ent (~) "~mmereial ~timula~[".' An aetiVit~ i~ operated as a commercial~ stimulant, fo~ ~o pu~o~ of .this chap~r; only when it~is an ineiden~l; activity 9pera~ in' eonnee~on wi[h, hnd incidental ~,' an established business, wi~h ~ho pdm~ pu~o~e of increasing the volume' ~f ~alea fo~ or drink for eon~ump~on on ~a[ business premises. The commisaion may by mie e~bl~h guidelines and ~d~ria for applying this defini[ion i~ .applic~ an~ licensees for ~gamb~hg activiti~ authorize¢ ,by t~: chap~r ~ ~mmere~ st~ulan~. , (6) "Commission" means the W~hingWn sm~ gambling commission,, crea~d in RCW 9.46.~0. ' (7) "~n~st of chance" means any con.st, game, gaming scheme, or gamingdevice in whi~ ~e ou~ome depen~ in a ma~rial degree u~n an element of chance, notwiths~nding that skill of ~e con~smn~ may also be a racer ~erein., : ~ ~ , ,~ "~ (8) "~shing derby''~means a fishing con.st, with or without the pay:' ment or giving of an ent~ fee or other consideration by some or all con~smn~ wherein prizes'am awa~ for the species, size, weigh~ quality of fls~ ~ught in a ~na fide fishing or rec~ational event. ' (9) "Gamblhg": "A pemon engage~ in gambling if he s~kes or risks. something of'value u~n ~e ou~ome of a con.st of chance or a fut~e ~ eon~ngent event not under his control o~ influence, upon an agreemefit 9r~ understanding thag he or someone ~lse Will receive something of value the event of a ~ln oU~ome. Gambling doe~ npt iaclud~ fishing d~rblo~ as defined by ~ ehap~r, p~mutusl ~tting ~ au~orlzed by ~ap~r 42 67.16 RCW, bona fide business transactions validunder the law of con- tracts, in ~''ling, but not limited to, contracts for the pur~--,se or sale at a future da df securities or commodities, and agreements .ompensate for loss caused by the;happgning of chance, including, but not limited, to, contracts of indemnity, or guarantee and life, health or accident insurance. In addition, a contest of chance which is specifically excluded from.the definition of lottery ~r~der subsection (14) of this section shall not constitute gambling. '~ .......J ' ~' ,. (10) "Gambling device" means: (a) Any device or mechanism the opera- tion of which a right to money, credits, deposits or other things of value may .be created, in return for a consideration, as the result of the operation of an element of' chan6e; tb) any device or mechanism ,which, when operated for: a consideration, does not return the same value or thing of valu6 'for the same consideration upon each operation thereof; (e) any device, mechanism, fdrniture, fixture, construction or installation designed primarily for use in connection with professional gambling; and (d) any subassembly or essential part de'signed or intended for use in connection with any Such device, mechanism, furniture, fixture, construction or instal- lation. But in the application of this definition, a pinball machine or similar mechanical amusement device which confers only an immediate and unre- corded right of replay on players thereof, which does not contain an9 mechan~m which v~t~es the chance of winning free games or the number of free gamegwhich may be won or a mechanism or a chute for dispensing coins or a facsimile thereof, and which prohibits multiple winnings depend- ing upon the number Of coins inserted and requires the playing of five balls individually upon the insertion of a hickel or dime, as the case may be, to' complets any one Operation thereof, shall not be deemed a gambling device: Providzdfui~ttter, That owning, possessing, buying, selling, renting, leas- ing,.financing,'holding a security interest in, storing, repairing and trans- porting sueh'.pinball machines or similar mechanical amusement devices shall not be deemed engaging in professional gambling for' the purposes'of this chapter and shall not be a violation of this chapter. Provided further, That any fee for the purchase or rental of any such pinball machines or similar.amusement devices shall have r~o relation to the use to which such machines are put but be based only upon the market value of any such machine~regardless of the location of or type of premises where used, and any fee for the storing, repairing and transporting thereof shall have no relation to the use, to which such machines are put, but be commensurate with the cost of labor and other expenses incurred 'in any such storing, repairing and transporting (11) "Gambling information" means any wager made 'in the course of and any information intended t~ be used for professional gambling. In the application of this definition information as to wagers, betting odds and changes in betting 'odds "shall be I~resumed to be intended for use in professional gambhng: Protnded, however, That this subsection shall not apply to,newspaper~ ~f general circulation or commercial radio and tele- vision stations licensed by the federal communications commission. (12) "Gambling premises" means any building, room, enclosure, vehicle, vessel or other pla~e used or intended to be used for professional gambling. la the ~pplication of this definition, any place where a gambling devi~ is found, ~U r~ p~U~~ ~ intended to be u~d for prof~ious} $ambUng. '~ , ~ ' i, ,: .... , -. ~ .,, .. · (13) "Gambling record" means any record, receipt, ticket, certificate, token, slip or notation given, made, used or intended to be used in connection with professional gambling. (14) "Lottery" means a scheme for the distribution of money or property by chance, among persons 'who have paid or agreed to pay a valuable consideration for the chance. For the purpose of this chapter, the following activities do not constitute "valuable consideration" as an element of a lottery: (a) Listening to or watching a television or radio program or subscribing to a cable television service; 0a) Filling out and returning a coupon or entry blank or facsimile which is received through' the mail or published in a bona fide newspaper or magazine, or in a program' sold in conjunction with and at a regularly scheduled sporting event, or the purchase of such a newspaper, magazine or program; (e) Sending a coupon or entry blank by United States .mail Lo a designat- ed address in connection with a promotion conducted in this state; (d) Visitation ~o any business establishment ~o obtain a coupes, or catO' blank; , (e) Mere registration without purchase of goods or services; (ir) Expenditure of time, thought, attention' an~ energy in perusing pro- motion~-~ateriai; ,,~ {g) P ....ng or answering a telephone ca[]~ in a pr~..ibec~ manner or, otherwise making a prescribed .response or answer; (h) Furnishing the container of ~ny product as packaged by the manufac- turer, or a particular portion thereof but only if furnishing a plain piece of paper or card .with the name of the manufacturer or product handwritten on it is acceptable in lieu thereof: Provided, That where any drawing is held by or on behalf of in-state retail outlets in connect/on with business prom0tlon~ authorized under subsections (d} and (e} hereof, no such in-state re~a{[ outlet may conduct more than one such drawing during each calendar. year and the period of the drawing and its promotion shall not extend for more than seven consecutive days: ,Provided.further, That if the sponsor-, lng organization has more than one outlet in the state such drawings must be held in ali such outlets at the same time except that a sponsoring. organization with more than one outlet may conduct a separate drawing in.. connection with the initial opening of any such outlet; or (i) The payment of an admission fee to gain admission to any agricultural.. fair authorized under chapters 15.76 or 36.37 RCW where (i) the scheme is conducted for promotional'or advertising purposes, 'not' including the pro- motion or advertisement of' the scheme itself; and (ii) the person or organization conducting the scheme receives no portion of the admission fee either directly or indirectly and receives no other money for conducting the scheme either directly or indirectly, other than what might be received indirectly as a result of the success of the promotional or advertising aspect of the scheme. ' ' For purposes of this chapter, radio and television broadcasting is hereby declared to be preempted by applicable federal statutes and the rules applicable thereto by the federal communications commission. Broadcast programming, including advertising and promotion,-that complies with said ' federal statutes and regulations is hereby authorized. . (15)"Member" and. "bona fide member?. As used in this chapter, member and bona fide member each mean a person accepted for member.- ship in an organization eligible to be licensed by the commission under this chapter upon application, with such action being recorded in the official minutes of a regUlar meeting or who has held full and regular membership status in the organiza 'tion for a period of not less than twelve consecutive months prior to participating, in the management or operation of any gambling activity. Such membership must in no way be dependent upon, or in any way related to, the payment of consideration to participate in any gambling activity., Member or bona fide member shall include only members of an organiza- tion's specific chapter or unit licensed by the commission or otherwise ~tively conducting the gamb!ing activity: Provided, That (a) Members of chapters or local units of a state, regional or national organization may be coosidered members of the parent organization for the purpose of a gambling activity conducted by the parent organization, ff the rules of the parent organization so permit; (b) Members of a bona fide auxiliary to a principal organization may be considered members of the principal organization for the purpose of a gambling activity conducted by the principal organization. Members of the principal organization may also be considered members of its auxiliary for the p.urpoS? ,of a gamb}ing activity conducted by the auxiliary; and (c) Members of any chapter or local unit within the jurisdiction of the next higher level of the parent organization, and members of a bona fide auxiliary to that chapter or unit, may assist any other chapter or local unit of that same organization licensed by the commission in the conduct gambling activities .... No person shall be a member of any organization if that person's primary purpose for membership is to become, or continue to be, a participant in, or ,an operator or. manager of, any gambling activity 0r activities. (16) ';'Player" means a natural person who engages, on equal terms with the other participants, 'and solely as a contestant or. bettor, in any gorm of gambling in which, no person may receive or become entitled to receive any profit therefrom other,than personal gambling winnings, and .without otherwise rendering any material assistance to the establishment, conduct or operation~ of a particular gambling, activity, A natural person who gambles ,at a social ~game of chance on equal terrors ,with the other participants ~ therein does not otherwise render material assistance to the establishment, conduct or operation thereof by performing, without fee or remuneration, acts directed toward the arrangement or facilitation of the game, such as inviting persons to play, permitting the use of premises therefor, and s.upplying cards or other equipment used therein. A person who engages in "bookmaking" as defined in this section is not a °'player". '. i(l~',A pers~n:.is engagedjn "professional gambling" when: (a) Actini let than as a player or in the manner set -~ 'g in RCW 9.46.030 as now or. hereafter amended, he knowingly enga~,_o in. conduct which ,p?ateri~lly .~id.s a.ny other form 'of gambling activity; or (b) Acting other than as a player, or in the manner set forth in RCW 9.46.030 as now or hereafter amended, he kn. owingly accepts or receives money or other property oursuant to an a~reement or understanding with an~ person wher~l~,,he~, pexticil~te,l,or i~ to partici~ in the proceeds,of '(c) He 'engages'ih bookma~ing;"o~. ,,.i ,,~ .~!,{,:~;t., ,~, it,~., ,~.:.~-,,. Id) He cgndufit~ ~,,!9~. ~ defi0~0, m subzect~ov (~4); of ,thru . Conduct undm'~ eubparagraph'~ (a), except .as, exempted under.'RCW 9.46.030 as now. or, hereafter amended,' includes but is~ not limited to conduct directed towl~rd the .creation :or establishment of the particula.r game, contest, 6~:her0e, ,dev)c~ lot activity illvolyed, toward the acquisition or maintenance of premises, paraphernalia, equipment or apparatus there- for, toward the soil,citation or inducement of persons to participate therein, toward th~ actUal"conduct of the'playing'phases thereof toward the arrangement of anb;"0f~tts'financial or recording phases, dr l~ward any other phase of its operation. ' If a person having substantial proprietary or other authoritative control over any premises shall permit said premises to be used with the person's knowledge for the purpose of conducting gambling activity, other than gambling activities as set forth in RCW 9.46.030 as now or hereafter amended, and acting other than as a playerl and said person perm~~ such to occur or continue or makes no effort to prevent itp occUr'fence o,r continuati°n, hg sh~ll be considered as being engaged i~ ~rofessiona[~ gambling: Pro~ded, That the proprietor of a bowling establishment 'who awards prizes obtained from player contribu- tions, to players successfully kn0cking down pins upoh the contingency' of identifiable pins being placed in a specified position or combination of positions, as designated by the posted rules of the bowling establishment, where' the proprietor does not participate in the proceeds of the "prize fund" shall' not be'construed to be engaging in "professional gambling" within the meaning of this chapter: Provided, .further, .That the ,books and records of the games shall be open to public inspection. (18) "Punch boards", and "pull-tabs" shall be given their usual and ordinary meaning as of July 16, 1973, except that such definition may be revised by the' commission pursuant to rules, and regulations promulgated pursuant to this chapter. ' (19) "Raffle" .means a game in which tickets bearing an individual number are sold for not more than one,dollar each ~nd in which a prize or prizes .are awarded..on .the basis of a drawing from said tickets by the person or persons conducting the game, when said game is conducted bya bona fide charitable ov nonprofit organization, no person other than a bona fide member:of said organization takes any part in the managemel~t or operation of said g~me,!and no part. of. the proceeds thereof inure to the benefit of any person other ~than the organizaLion conducting saidgame. (20) "Social card game" means a card game, including but not limitkd to the game commonly ]~nown as ."Mah J'ongg", which 'constitutes gambling and contains each of the following Characteristics: '~:.' , : (a) There a~ t..wo' or more'pa.~'ticipaots ~nd ~a¢~,~f them'are players; an~ (b) A player's success pt winning money or other thing of value, by overcoming chanc~ is in the long run I~rgely determined by the skill ~f .the (c) No organization; corporatio~ or person collects Or obtains or charges any percentage of or collects or obtains' an'Y' portion of the money or thing of value wagered or won by any of the players: Provided, That this item (c) shall not preclude s player from collecting or obtaining his winnings; "(d) l~pi!organization or,~corporation, or person collects, or obtains any menu thing iofl value: from,'or, charges or impost -- ,y fee upon, 'any perso~s ,hich either enables him to play or results in o. ~com his playing in excess of one dpllar, p~;. b~lf hqur of playing time .by thatperson collected in advance~ ~P~/mYid~d, That ~ fee may also be charged for er~trY into' a tournament for ;Pr~z~S~"wh~ich' fee"shal~ no.t exceed twenty-five dollars, including'al! 'sep~a~ fees which might' ha'paid:by *a' player for variOus. phases efferents ~'f th~'t0urnament.~ 'Provided'furthe~',' Tha, t, th'is' iterrl .(~) shall not apply to the membership fee in any bona fidd' charitable nonprofit Organization; and , ~ ' ' ,,. ~.' :'(~) Th~'~Pe~. , of l~a~;d' game ,tS one, sve,eifiCatlY aporoyed ,bY .the~,. comm~ss.m,~ p,ursuan~ to R(~W 9.46,070; and · (f) The bxtent of wagers, money or other thing of value which may be wagered or contributed by any player does not exceed the amount or value. s~ci~'ie~d by the comm~si0n pursuant to RCW 9o46,070. . .(21) "Thing of value" means any money or property, any token', object or article exchangeable for money or property, or any form of credit or promise, directly or indirectly, contemplating transfer of money or property_ or of any interest therein, or involving extension of a service, entertain- ment ,pr a,privile~ge.:o.f playing at z game or.. schem9, without charge. (22) t'Whoever'! and "person" include natural persons, corpo.rations and partnerships and associations of persons; and when any corporate officer, director or stockholder or any partner authorizes, participates in, or know- ingly accepts benefits from any violation of this chapter committed by his corporation or partnership, he shall be punishable for such violation as.if it had been directly committed by him. , (23) "Fund raising event" means a fund raising .event conducted during any seventy-two consecutive hours but exceeding twenty-four consecutive hours and not more than pace in any calendar year or a fund raising event conducted .not more than twice each calendar year for not more than twenty-four consecutive hours each time by a bona fide charitable or nonprofit organization as defined in subsection (~) of this section other ~hal~ any agricultural fair referred to ithereund'er, upon authorization therefor by the commission, 'which the legislature hereby authori~,es to issue a license therefor, with or.without fee, per,hitting the following activities, or any of them, during such event: Bingo, amusement, games, contests, of chance,: lotteries and raffle'a: Provided, That (a) gross wagers and bets received by the organization less the amount of money paid by the 0rgardzation as winnings and for; the purchase, cost of prizes given as winnings do not exceed teh'thousand dollars .during the total calendar days of such fund raising event in the calend~r year', (b) such activities shall not include any mechanical gambling or lottery device activated by the insertion of a coin' or by the insertion of any. object purchased by any person taking' a chance by gambling in respect to the device; (c) only bona fide members of the. organization who are not paid for such service shall participate in the management or operation of' the activities, and all income therefrom, after deducting the cost of, prizes and other expenses, shall be devoted solely to the lawful purposes ~ the organization; and (d) such organizo, tion shall notify the'appropriate local' law ~nforcement agency of the time and place where such activities.shall be conducted. ~he commission shall require an annual information reportsstting .forth in detail the expenses incurred and the re~nue received, relative to.the activities permitted.~ Bona. fide charitable or nonprofit organizations holding a license to conduct a fund raising event may joint [join] together to jointly conduct a fund raising event if: ...... ' . ,, ,~.'.., ..... (i) Approval to do so is received from the commission; and (i') The method of dividing the income and eXpenditUres and the method of recording and handling of funds are discloSed~to ~e commission in the~ application for appr°v~ of Uoe joir~t fund raisir~g eyeoi~ ~d are approvedl by the commis~sion~ ' ' "' i , :' ~/~,'~ "; ...... The gross wagers and beta received by the organizations less the ~mounl~ of money paid ,by th.e o.rganizatlons as winnings and for the purchase costs of prizes given as winnings may not exceed ten thousanO dolla~ during l~he total calendar days of such event. The ~net re~&ipts each organization' receives shall count against the organization's annual limit~ stated in ,this subsection ' A joint fund raising event shall count against Only the lead organization' or organizations receiving fifty percent or, more of the net receipts for the purposes of the number of such events an organization, ma,y conduct each The commission may issue a joint: license for s joint' ftmd raising event ~nd charge a license-fee for such license according to a 'schedule of fees adopted by the commission which reflects the added cost to the commission of lieensing-mpre t~a,n.one lit, ensue ;fOr the event ...... , ~. · 9.46.030."~'oertain [ambling activities authorized (1) The legislature hereby authorizes bona fide charitable or nonprofit organizations to conduct bingo games, raffles, amusement games, and fund raising events, ahd to utilize punch boards and pull-tabs and to allow their premises and facilities to be used by only members, their guests, and members of a chapter or'Unit*organized under the same state, regional, or national charter or. constitution, to play social card games authorized by the commission, when' licensedl conducted or operated pursuant to the provi- stons of this *ch~apteFan, d ~!es and regulations adopted pursuant' thereto. (2) Bona fide charitable or,bona fide nonprofit organizations organized primarily for purposes *other than the conduct of raffles, are hergby authorized to conduct raffles Wghout obtaining a license to do so from the commission when .such' raffles are held in' accordance with'ali other require- rnents" of chapter 9.46 RCW, Other applicable laws, and rules of the commission; 'when gross~revenues from all such raffles held~by the organization during the calendar year do not exceed five thousand dollars; and when: tickets to' such raffles are sold only to, and winners are determined 'only from among, the regular members of the organization conducting, the~ raffle: Provided/That the term members for this purpose shall mean only those persons who have become members prior to the commen .cement oL the raffle and.whose qualification for membership was 0or dependent upon, or in. any way related to, the purchase of a ticket, or tJcketg., f% st~clt ra~.fles. ,,:,~ ' (3) Bona fide charitable or bona fide not'profit organizations organized primaxily for purpesea other than the conduct of such activities are hereby auth6ri~ed to conduct bingo, ~affles, and amusement games, without ob- taiqing a license to do so from the commission but only when: (a) SUch activities are held in accordance with all other requirements of chapter 9.46 RCW as now or hereafter amended, other applicable laws, and rules 'of the commission;~ 'and (b) Said activities are, alone or i0 any combination, conducted no more than twice each calendar year and over a period' of no more than twelve consecutive days each: time, notwithstanding the limitations of RCW 9.46.020(2) as now or hereafter amended: Provided, That a raffle conduct- ed under this subsection may be conducted for a period longer than twelve days; and ' ' (c) Only bOna'fide members of that organization, who are not paid for such services,, participate in,the management or operation of the activities;' and ' : ~ ,. , (d) ,Gross revenues to the organization from all the activities together do not exceed five thousand dollars during any calendar year;, 'and (e) All reven~e therefrom, after deducting the coat of prizes and other expenses'Of the aetivity,:isldevoted solely to the purposes for which the organization qualifies as. a',bona fide charitable or non, profit organizatio0; (0 The organizatiop gives notic& at least five days in advance of the conduct of any of the activities to the local police agency of the jurisdiction within which the activities are to be conducted of the organizatiop's intent to conduct the activities, the location oh. the~ activities, and the date or. dates they will be conducted; and (g) The organization coqd.ueting the activities, maintains records for a period of one year from' the date of the event which accurately.show at a minimum the gross revenue froTM each activity, details of the expenses of conducting the activities, and details of the uses to which the gross revenue therefrom iapu.t. ,~:*~! ~. i!:' t.~',.' (4) The legislature hereby authorizes 'any person, association or organiza- tion Operating an established business primarily engaged'in the selling of food or drink for consumption on thepremises to conduct social card games and to Utilize punch boards and pu. ll-tabs as a commercial stimulant~ .to such business when licensed and utilized or operated pursuant to the provisions of this chapter and rules: and' regulations adopted pursuant thereto; (5) The legislature hereby authorizes ~ny' person to conduct or operate amusement games when liee6Sed and Operated pursUant to the provisions of this chapter and'ruled-and regulations adopte4 by't!le commissior~ at such locations as the qommissio~n ma, Y aut, horizei (6) legislatur~ herebYp, nthor~zes any person, ~ -'~iation, or organi- zation to conduct sport~' pools without a.ticense to do. from the commis- sion but only when th~ outcome of which is dependent upon the score, or scores, of a certain:~tj~leti¢ contest ~nd which .is conducted only in the following manne~ . :,, . ~ ' . .... (a) A board or piece of palJer is divided into one hundred equal squares, each of which constitutes'a chance to win in'the sports pool and each of which is offered directly to prospective contestants 'at one dollar or less; (b) The purchaser of each chance'or square signs his or her name on the face of each square or'chance he or she purchases; and ' ' ' : (c) At some 'time nit ia~"r ' '~ ~' than prior to the start of the subject athletic contest the pool is ,closed and no ftl~her chances in the pool are sold; and : (d) After the'P~ol'is':c~osed ~" a prospective score~ ~s assigned by drawing to each square; and ()e All moneypa~d by entra,, ,r~Ls to enter, the pool less taxes ..... ~s prod out the prize or Prize~ to thqse persons holding squares asmgned t~e winning score or scores fro~ the subject athletic contest; ~nd (f) The sports pool board ,is available gor inspection by/any person purchasing a chance thereon, the commission, or by any law enforcement agency upon demsnc~ ~t ,all times~ priqr to the payment of the prize; and (g) .The person or organization conducting tho pool is conducting no other sports pool on the same athletic event; and (h) The. sports pool conforms to any rules and regulations of the commie- sion applicable thereto, ,. '. ,~,.. ....... '' ~, .... ~ (7) The legislature hereby authorizes bona fide charitable or nonprofit organizations to conduct, without the necessity of obtaining a permit or license to' do so from the commission, golfing sweepstakes permitting wagers of money, and the same shall not constitute such gambling or :lottery as otherwise in this chapter prohibited, or be subject to. civil or criminal penalties thereunder, but this only when the outcome of such golfing sweepstakes is dependent upon the score, or scores, or the playing ability, or abilities, of a golfing contest between individual players Or teams of such players, conducted in the following manner:. (a) Wagers are placed by buying tickets on any players in a golfing contest to "win", "place" or "show" and those holding tickets on the three winners may receive a payoff, similar to the system of betting identified as parimutuel, such moneys placed as wagers to be used primarily as winners proceeds, except moneys used to defray the expenses of such golfing sweepstakes or otherv~ise used to carry out the purposes of such organiza- tion; or '. . (b) Participant~ in any golfing contest(s) pay a like sum of money into a common fund on the basis of attaining a stated number of points ascertain- able ,~rom the score of such participants, and those participants attaining such stated number of points share equally in the moneys in the common fund, without any percentage of such moneys going to the sponsoring organization; and (c) Participation is limited to members of the sponsoring organization and their bona fide guests. · " (8) The legislature hereby authorizes bowling establishments to conduct, without the necessity of obtaining a permit or license to do so, as a commercial stimulant, a bowling activity which permiLs bowlers to pur- chase tickets from the establishment for a predetermined and posted amount of money which tickets' are then selected by the luck of the 'draw apd the holder of the matching ticket so drawn has an opportunity to bowl a strike and if successful receives a predetermined and posted monetary prize: Provided, That ail sums collected by the establishment from the sale of .ticket~ shall be returned to purchasers of tickets and no part of the proceeds shall inure to any person other than the pa~icipants winning in ,th.e' game or a recognized charity. The tickets shall be sold, and accounted for,' separately from ali' oth~Jr sales of the establishment. The price of any single ticket shall not exceed one do]lat. Accounting records shah be available'for inspection during business hours by any person purchasing a chance thereon, by the commission or its representatives, ,or by any law eoforcement agency. (9)(al T legislature hereby authorizes any bona .fi~ ' charitable or l~onprofit Organization which is licensed Pursuant to RCW, ~4.400, an~l its office.r~ and employees, to allow the use of the premises, furnishings, and other facilities not gambling devices of such organization by member~ of the organization, and members of a chapter or unit organized under the same state, ~egior~/tl, Or natio~aal' charter or Constitution, wh,0 engage~ ~s player~ in ~he' folDwing types,of gambling activities only: ~ · (il .~. iai, card gam.~ .~s defi~e.d in RCW 9.46,020(20Xa), (b), (c), .a. nd (d); (ii)~ Social dice' games, which shall b~ limited to contests of chance, the outcome,of which are determined by one or more rolls of dice. ~ '~ (b) Bona fide charitable or nonprofit organizations shall not be required to be licensed by the commission in order to allow use of their premises in accordance with .~. subsection~ however, the following conditions must be met: ,. :,, ,, , (il No organization, corporation, or person shall collect or obtain or charge any percentage of or shall collect or obtain any portion of the money or thing of value wagered or won by any of,the players:. Propided, That a player may collect his or her winnings; and ' (ii) No organization,' corporation, or person shall collect or obtain any money or thing of value from, or charge or impose any fee upon, any person which either enables him or her to play or results in or from his or her playing: .Provided, That this subparagraph (ii) shall no~ preclude collection of a membership fee which is unrelated to participation in gambling activities authorized under this subsection. The penalties provided for professional gambling in this chapter shall not apply to the activities authorized by this section when conducted in comp]i- ance with the provisions of this chapter and in accordance with the rules and regulations of the commi~ior~. 9.46.110. Taxation Of g~mbling activitles--Limitations-.-Restrictions as · : to operaUon or, punch boards and pull-tabs . The legislative authority of'any county, city-county, city, 'or .town, by local law and ordinance, and in accordance' with the provisions of this chapter and rules and regulations promulgated hereunder, may provide for the taxing of any gambling activity authorized in RCW 9.46.030 as now or hereafter amended within its jurisdiction, the Lax receipts to go to the county, city-county, city, or town so taxing the same: provided, That any such tax imposed by a county alone shall not apply to any gambling a~ctivity within a city or town located therein but the tax rate established by a county, if any, shall constitute the tax rate throughout such county including both incorporated and unincorporated areas, except for any city located therein with a population of twenty thousand or more persons as of the most recent decennial census taken by the federal government Provid- ed further, That (1)' punch boards and puli-tabs,'chances on which shall only be sold to adults, which ishall' have a twenty-five'cent limit on a $ir~gle chance thereon, shall be taxed on a bash which shall reflect only the gros~ receipts from such pupch boards and pull-tabs; nod (2) no punch board or puli-tab may award ~S a prize upon a' Winning number or symbol being drawn the opportunity of tal~ing a Chance upon any Other punch board or pull-tab; and (3) all prizes for punch boards and pull-tabs must be on display, within the immediate area of the premises wherein any such punch board or pull-tab is located and upon a winning number or symbol being drawn, such prize must be immediately removed therefrom, or such amis- sion shall be deemed a fraud for the purposes Of this chapter; and (4) when any person shall win over twenty dollar~ in money or merchandise from any punch board or pull*tab, every licensee hereunder shall keep a public record thereof for at least ninety days thereafter containing such informa- tion as the commission shall deem necessary: And prm~idedfurther, That taxation of bingo and raffles shall never be in an amount greater than ten percent ,of the groes revenue received therefrom less the amount paid for ~i' as prizes.. Taxatio~ of ~mtuloment games shall only be in an amount sufficient to pay the actual costs of enforcement of the provisions of this chapter by the county, city or town law enforcement agency and in no event shall such taxation exceed two percent of the gross revenue there- from less the amount paid for as prizes: Provided further, That no tax shall be imposed under the authority of this chapter on bingo, raffles or amusement games when such activities or any combination thereof are conducted by any bona fide charitable or nonprofit organization as defined in RCW 9.46.020(3), which organization has no paid operating or manage- ment personnel and has gross income from bingo, raffles or amusement games, or any combination thereof, not exceeding five thousand dollars per year less the amount paid for as prizes. Taxation of punch boards and pull-tabs shall not exceed five percent of gross receipts, nor shall taxation of social card games exceed twenty percent of the gross revenue from such games. , .~ ~ 9.46.113 Taxation of gambling activities.--,.,sbursement, Any county, city or town which collects a tax on gambling activ- ities authorized pursuant to RCW 9.46.110 shall use the revenue from such tax primarily for the purpose of enforcement of the provisions of this chapter by the county, city or town law en- forcement agency. 9.46.130, ~ lnsP~Ction,~md ,audit of premises, paraphernaUa, book~ ,and ,~ ~ ~ ! .,ri~cordS'~Reportz, for ,the commission, ,,,~ · · . ' ~;. ~,, The premises and paraphernalia, and all the books and records of ahy~ person, association or organization conducting gambling activities authoriz- ed under this chapter and any person, association or organization receiving profits therefrom or having any interest therein shall be subject to inspec- tion and audit at any reasonable time, with' or without notice, upon demand,. by the commission or its designee, the attorney general or his designee, the chief of the Washington state patrol or his designee or the prosecuting attorney, sheriff or director of public safety or their designees of the county wherein located,~ or the chief of police or his designee of. any cityor town in which said organization is located, for the purpose of determining compliance or noncompliance'with' the provisions of this chapter and any rules or regulations o~: ~local ordinances adopted pursuant thereto. A reasonable time for the purpose of this section shall be: (1) If the items or records to belnspected or audited are located anYWhere upon a premises any portion, of which is regularly open to'the' public or members"and guests, then at any time when the premises are so open, or at which they are usually open'; or (2) if the items or records to be inspected or audited are not located upon a premises set out in subsection (1) above, then any time between the ])Ours .Of 8;00 a.m. and 9:00 p.m., Monday through Friday. The commission shall be provided at such reasonable intervals as the commission shall determine with a report, under oath, detailing all receipts and disbursements in connection with such gambling activities together with such other reasonable information as required in order to determine whether such activities comply with the purpos¢.s of this chapter or any local ordin.ances r~lating thereto.. 9.46.150 l~junctions---Voiding of licenses, permits or cer- tificates. (1) Any activity conducted in violation of any provi- sion of this chapter may be enjoined in an action commenced by the commission through the attorney general or by the prosecut- ing attorney or legal counsel of any city or town in which the prohibited activity may occur. (2) When a violation of any provision of this chapter or any rule or regulation adopted pursuant hereto has occurred on any property or premises for which one or more licenses, permits, or certificates issued by this state, or any political subdivision or public agency thereof are in effect, all such licenses, permits and certificates may be voided and no license, permit, or certificate so voided shall be issued or reissued for such property or prem- ises for a period of up to sixty days thereafter. 9.46.170 rahs or misleading entries or statements, refusal to produce records, as vtolation~ Penalty. Whoever, in any ap- plication for a license or in any book or record required to be maintained by the commission or in any report required to be submitted to the commission, shall make any false or misleading statement, or make any false or misleading entry or wilfully fail to maintain or make any entry required to be maintained or 'made, or who wilfully refuses to produce for inspection by the commission, or its designee, any book, record, or document re- quired to be maintained or made by federal or state law, shall be guilty of a gross misdemeanor and upon conviction shall be pun. ished by imprisonment in the county jail for not more than one year or by a fine of not more than five thousand dollars, or both. 9.46.1857 Causing person to violate ~rule 'or' regulation,aa violation''*' AnY ~on who knowingly causes, aids, abe~, or conspires with another ~ ~use'anY pe~on ~ viol~ any'rule or regulation adop~d pu~uant ~ ~is eh~p~r shall ~ guilty' of a gross misdemeanor and upon conviCtion" shall be p6nish~ by imprisonment in the county jail for not more than one year 0r, by'a 'fine of ~ot more than five th~sand.~ dollar, 0~.t:~th~/,' 9.46.190.. Violation! rela~lng to fgaud or deceit--Penalty Any person or association or organization operating any gambling activi~ ty who or, which, directly or indirectly, shall in the course of such operation;. (1) Employ any device, scheme, or artifice to defraud;, or (2) Make. any untrue ~statement.,of a materiaJ fact, or omit to state material fact necessary in order .to. nmke the statement made not mislead- lng, in; ~e ~gh~t of the circqmstance,a po. der which said sta~m¢~t is~ made; or (3i Engage'i~ p~ny #c.tl ' '/ '" ' p~qtice'o~: c0urs,e .~f operation as would operate'/~ as a frau,d or decej.t 0P0~ any person;.,...,~ .,., i, . Shall .be guilty of a, gross misdemeanor and upon conviction shall be punched by imprisonment in ,tho county jail for not more ~an on~ year or b~ s t~ine of n, ot 'mOre thao five'.thou~and dollars,, or both ..... 9.46.192. ~Citie~: and town~-.-Ordimlnee enacting certain .sections of" Every city or town is authorized to enact as an ordinance of that city or town any or' all' of ithe sections of this chapter the 'violation of:which constitutes a misdemeano~ or gross misdemeanor. The city or town may not modify the language of any section of this chapter in enacting such section except as necessary to put the section in the proper .form of an ordinance or to provide' for a sentence [to] be served in the appropriate detention facility. The ordinance must provide for the same maximum penalty for its violation.as may be imposed 'under the section in this chapter. 9A6.$9~.~ CR~e~, an~.· towM-~Ordiaance · .,, ~p~~iction of cou~ ~ Din~iet ~u~ o~nK under ~he provisions of chap~r~ ~.~0 3.~4 R~W, except munieipnl depn~men~ of ~ueh eour~ ope~tinK under'*' ehap~r 3.4G E~W~ nnd municipal eou~ o~nK under ehnp~r shall have concur~nt jurisdiction with the superior cou~ ~ hear, t~, and de~rmi~e misdemeanor and gr6ss, misdemeanor violations.of thi~ c~p~r and viola~ons of any ord~nce p~sg.d under authority of ~ chap~r by ' any ~ity or Wwn., M~icipal coup' operating under ,chap~ 35.20 ,or ~.~ RC~ and: municipal depar~en~ 'og RCW, shall have eoncu~nt j~r~dic~ou.wi~. ~e superior court t~, a0d de~rmine Viola~on~ of any 0Minance p~sed under this chap~r by the city o~ ~.i~ which ~e cou~ is Ioca~ Notwiths~n~ng ~y other provision of law, each Of these eour~'shal~ have the jurisdiction and ~wer ~ impose up to the maximum penal~es~ provided for the violation of the ordinances adop~d 0rider the authority of thh chap~r. Review of ~e judgmen~ of these ~u~ shall be aSprovided in other criminal actions. 0.4~,196,, ,])efr~, #ding or cheating .other participant or operator as violo-,, "'~ 'v=/'' * ', ~', tJo~using ~other ~ do ~ u vlolntio~PennltY r , No ~o~ pa~cipa~g in a garaging ac~v~ty shall in the co~e of s~ch (1) Employ or a~mpt'~ ,~mploy ~ny device, acheme/.or a~fiee ~ def~ud any o~er pa~ieipant or ~y o~ra~r; , (2) Engsge in ~ny act, p~etice, or course of operation as would ~'a~ f~ud Or ~it u~m any other pa~icipant or any ope~ '~'' (3) Engage inany acg, p~actice,.0r course of operation while pa~igi~fing~ in a gambling acti?ity with the 'in~nt of cheating any 9ther participant Or~ ~e o~r ~ gain an adv~n~ge io ~e gam~ over the o~er participa~ (4) Caul, aid, ~bet, or .conspire with 'another pesos ~ cause ~ny ~on ~ viola~ subsections'(1) ~rough (3) of th~ section., ~' ,.: .: Any ~on viola~ng this s~tion shall be guilty of a g~ss misdemeanor sad upon ~nviction shall be punished by imprisonment in the county jail. for'not more ~an yne ~e~ or by a fine of not more than five thoosand ~ dollar, or bo~. ~ . ' ~ ~.46;!98.' ,wor~ing ~ ~blin[ ~[vit~ ~ithout ]ieens~ ~ violation-- ~" ~:~'~ ' ~: Penalty~' ,'~ '~'~ ~ ' ' ' , Any ~on who works ~ an employee or agent or in a ~imil~ ~pacity for snorer ~on in eonn~tion.~th ~e opera,on of an activity for which .. ~ ~cen,e is r~ui~ under this chap~r or by ~mmission rule without h~ving,ob~n~ ~e appli~ble licens~ required by the ~mmi~sion under,. RCW 9.46.07~16); shall be guilty of a gross misdemeanor and s~ll, upon con~c~on, ~ punished by not ~ore than one year in the, county jaiJ or fine of not mo~ ~an fiw thousand dollar, or both. ' ' 9.46.2~0~~ E~fo~gm~o~ommlssion n n law enforcement agency: (1) It shall be ~e duty of all peace officers, hw e~orcement office~,'~ and ~w e~o~ement a~neies within ~is s~ ~ inv~tiga~, enforce, and. pmsecu~ ~lt violttio~ of th~ ehap~r.. (2) In addi~on ~ t~'e au~°rity g~n~d by subsection (1) of ~ section I~w enfo~ment agencies of citiea and counties shall investiga~ and repo~ ~ ~e eomm~aion all viola~ons of the provisions of this chap~r and of the ~lez of ~e'~ommissiop ~ound by ~em and shall' assist the commission in ~nY 'of i~ i~y~g~o~ ~O,~p~dinga respec~ng a0y' ~Uc~ Such law enfo~ment ~genci~ shall not ~ d~emed agen~ of the commis:' (3) In addition t6 its'other powers' and duties, the commission shall have the power to enfort~ the penal provisions of chapter 218, Laws of 1973 1st ex.sees, and as it may be amended, and the penal laws of this state relating to the conduct of or participation in gambling activities and the manufac- turing,, importation, transportation, distribution, possession, and sale of equipment or paraphernalia used or for use.in eonnectio~ therewith. ,The director, the deputy director, both assistant, directors, and each of t~e commissiOn's.investigators, enforcement officers, and inspectors shall have the power, ' under 'the Supervision of the 'commission, to enforce' the penal provisions of chapter 218i Laws of 1973'1st ex.sees, and as it may be' amended, and the penal laws of this state relating to the conduct of or participation in. gambling activities and the manufacturing,' importation, transportation, distribution,, possession, and Sale of equipment or parapher. nali~ used or for use in connection therewith. They shall have the power and authority . ~t . . to apply for an execute all warrant~ and serve process of law issued by .the courts tn enforcing the penal prowsions of chapter 218,. Laws of 1973 let ex.sees, and as it may be amended, and the penal laws o,~ this state relating to the conduct of or participation in gambling activities and the manufacturing, importation, transportation, distribution, posses-~ sion, and sale of equipment 'or paraphernalia used or for use in connection therewith. They shall have the power to arrest without a warrant, any person or persons found in the act of violating any of the penal provisions of chapter 218, Laws of 1973 1st ex.sees, and as it may be amended, and the penal laws of this state relating to the conduct of or ,participation in gambling 'activities" and the' manufacturing, 'importa'tion,~ transportation, distribution, possession, and sale of equipment or paraphernalia used or for use in connection therewith. To the extent set forth above, the commission shall be a .law enforcement agency of this state with the power .to investigate for violations of and to enforce the provisions of this chapter, as now law or hereafter amended, and to obtain information from and provide informatiorl to all other law enforcement agencies; ' ' """ ;' ' 9.46.240 Gambling infornmtion, transmitting or receiving as violation--Penalty. Whoever knowingly transmits or receives gambling information by telephone, telegraph, radio, semaphore or similar means, or knowingly installs or maintains equipment for the transmission or receipt of gambling information shall be guilty of a gross misdemeanor: Provided, however, That this section shall not apply to such information transmitted or re. ceived or equipment installed or maintained relating to activities as enumerated in RCW 9.46.030 or to any act or acts in further- ance thereof when conducted in compliance with the provisions of this chapter and in accordance with the rules and regulations adopted pursuant thereto. 9.46.285 Chapter as exclusive authority for licensing and regulation of gambling activity. This chapter constitutes the ex- clusive legislative authority for the licensing and regulation o! any gambling activity and the state preempts such licensing and regulatory functions, except as to the powers and duties of any city, town, city-county, or county which are specifically set forth in this chapter. Any ordinance, resolution, or other legislative act by any city, town, city-county, or county relating to gam- bling in existence on September 27, 1973 shall be as of that date null and void and of no effect. Any such city, town, city-county, or county may thereafter enact only such local law as is consist. ent with the powers and duties expressly granted to and imposed upon it by chapter 9.46 RCW and which is not in conflict with that chapter or with the rules of the commission. L46.31 £icenaes for.men~fmeture,,aale, dhtributiot~ _,. supply of gam- ~. ~, blingdevicei ~. N0 ~rson shall manufacture, and no person shall sell~,*dist~ibu~/fu~ssh ~'s~pplym ~;any other ~on,' any. 'gambling device, including but ~ot ~i~.~I pup?bo~ds'~ppd pull~.~bs, m this s~, or for uss within this sm~,'w tnou~ n~t ob~lntng a lJ~,~.do .of~m the ~mm~sion ~nder ~e ~visions of ~ elmp~r, :;~ ........ ,, ,. Such li~ns~ shall not ~ ~u~ by the communion except res~6ng dev~e8 which ~ .d~i~,a~ ~it~ for uae in conn~6on ac~vi6es au~o~ under ~ chap~ P~ded, ~at this 'requ~ement for licensure shall apply only insofar ~ ~e commission h~ adop~d, or may a~opt, ~les implementing it ~ ~ p~cu~ar .ca~gor~es of devices and re]a~d ~quipment. 9.68.015 Obscene 'literature, show.~, etc.--Exemptions. / Nothirig in this act shall apply to the circul~ttion of any such material by any recognized historical society or museum, the state law library, any county law library, the state library, the public library, any library of any college or university, or to any archive or library under the supervision and control of the state, county, municipality, or other political subdivision. ' 9;68.050 "Erotic materlal"--Definitions. For the purposes of RCW 9.68.050 through 9.68.120: (1) ",Minor" means any, person under the age of eighteen yea rs; (2) "Erotic material" means printed material, photographs, pictures, motion pictures, and other material the dominant theme of which taken as a whole appeals to the prurient interest of minors in sex; which is patently offensive because it affronts contemporary community standards relatihg to 'the description or representation of sexual matters or sade~masochistic abuse; and is utterly without redeeming social value; (3) "Person" means any i~idividual, corporation, or other or. ganization; (4) "Dealers", "distributors", and "exhibito~" mean persons engaged in the distribution, sale, or exhibition of printed materi. al, photographs, pictures, or motion pictures. 9.68.060 "Erotic nmterial"--Determination by court--La- beling--Penaities. (1) When it appears that vaaterial which may be deemed erotic is being sol.d, distributed, or exhibited in this state, 'the prosecuting attorney of the county in which the sale, distribution, or exhibition is taking place may apply to the supe-' riot court for a hearing to determine the character of the mate- ,.i:~l t~ith ,.o~noct t~ whether it is erotic nmteriai. (2) Notice of the hearing shall immediately be served upon the dealer, distributor, or exhibitor selling or otherwise distrib- uting or exhibiting the alleged erotic material. The superior court shall hold a hearing not later than five days from the serv- ice of notice to determine whether the subject matter is erotic material within the meaning of RCW 9.68.050. {3) If the ~-,Derior court rules that the subject mv.~erial is erotic materi, then, following such adjudication: la) If the subject material is written or printed, the court shall issue an order requiring that an "adults only" label be placed on the publication, if such publication is going to contin- ue to be distributed. Whenever the superior court orders a pub- lication to have an "adults only" label placed thereon, such label shall be impressed on the front cover of all copies of such erotic .publication sold or otherwise distributed in the state of Washington. Such labels shall be in forty-eight point bold face type located in a conspicuous place on the frorit cover of the publication. All dealers and distributors are hereby prohibited f~'om displaying erotic publications in their store windows, on outside newsstands on public thoroughfares, or in any other manner so as to make them readily accessible to minors. (b) If the subject material is a motion picture, the court shall issue an order requiring that such motion picture shhll be labeled "adults only". The exhibitor shall prominently display a sign saying "adults only" at the place of exhibition, and any ad- vertising of said motion picture shall contain a statement that it is for adults only. Such exhibitor shrill also display a sign at the place where admission tickets are sold stating that it is unlawful for minors to misrepresent their age. (c) Failure to comply with a couPt order issued under the provisions of this section shall subject the dealer, distributor, or exhibitor to contempt proceedings. (d) Any person who, after the court determines material to be erotic, sells, distributes, or exhibits the erotic material to a minor shall be guilty of violating RCW 9.68.050 through 9.68.- 120, surd violation to carry the following penalties: Ii) For the first offense a misdemeanor and upon conviction shall be fined not more than five hundred dollars, or imprisoned in the county jail not more than six months; (ii) ~For the second offense a gross misdemeanor and upon conviction shall be fined not more than one thousand dollars, or irnorisoned not more than one year; (iii) For all subsequent offenses a felony and upon conviction shall be fined not. more than five thousand dollars, or imprisoned not less than one year. ,9.68.070 Prosecution for Violation of RCW 9.68.060--De.' fense. In any prosecution for violation of RCW 9.6g.060, it shall be a defense that: (1). If the violation pertains to a motion picture, the minor was accompanied by a parent, parent's spouse, or guardian; or (2) Such minor exhil~ite, d to the defendant a draft card, driv- er's license, birth certificate, or other official or an apparently official document purporting to establish such minor was over the age of eighteen years; or ' (3) Such minor w,as. accompanied by a person who represent- ~t hi~:~!~ t~ l~ ~ 14.q~14! ~t~ ~ho ~n~.~o ~f n nnronL or ~ ~uardi- an of such minor, and the defendant in good faith relied upon such representation. 9. ,080 Unlawful acts. (1) It shall , anlawful for any minor to misrepresent his true age or his true status as the child, stepchild or ward of a person accompanying him, for the purpose of purchasing or obtaining access to any material de- scribed in RCW 9.68.050. (2) It shall be unlawful for any person accompanying such minor to misrepresent his true status as parent, spouse of a par- ent or guardian of any minor for the purpose of enabling such minor to purchase or obtain access to material described in RCW 9.68.050. . 9.68.100 Exceptions to provisions of RCW 9.68.050 through 9.68.120. Nothing in RCW.9.68.050 thrOugh 9.68.120 shall apply to the circ~ulation of ~ny such material by any recognized histor. ical society or museum, the state laTM library, any county law li- brary, the. state library, the public library,, any library of any college or university, or to any nrchive or library under the su- pervision and control of the state, county, municipality, or other political subdivision. 9.68.110 Motion picture olmrator or projectionist exempt, ~vhen. The provisions of RCW 9.68.050 through 9.68.120 shall ndt apply to acts done in the scope of his employment by a mo. tion picture operator or projectionist employed by the owner or manager of a theatre or other place for the showin~ of motion 'pictures, unless th~ motion picture, operator or projec~tionist has a finar~cial interest in such theatre or place wherein he is so em- ployed or unless he caused to be performed or exhibited such performance or motion picture without the knowledge and con- sent of the manager or owner of the theatre or other place of showing. 9.68.120 Provisions of RCW 9.68.050 through 9.68.120. ex- clusive. The provisions of RCW 9.68.050 through 9.68.120 shall be exclusive. 9.68.130 "Sexually explicit material"--Defined--Unl~wful' disld~y. (1) A person is guilty of unlawful display of sexually explicit material if he knowingly exhibits such material on a viewing screen so that the sexually explicit material is easily visible from a public thoroughfare, park or playground or from one or more family dwelling units. (2) "Sexually explicit material" as that term is used in this section means any pictorial material displaying direct physical stimulation of unclothed genitals, masturbation, sodomy (i. e. . bestiality or oral or anal iptercourse), flagellation or torture in the context of a sexual relationship, or emphasizing the depiction of adult human genitals: ~.Provided ho(oever, That works of art or of anthropological significance shall not be deemed to be within the fm'egoing definition. (3) Any person who violates subsection (~) of this section shall be guilty of a misdemeanor. 69 "~,102. Drug paraphernalia--Definitio (a) As used in this chapter, "drug paraphernalia" means all equipment, products, and materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, con. verting, producing, processing, preparing, testing, analyzing, pack. aging, repackaging, storing, containing, concealing, injecting, in. gesting, inhaling, or otherwise introducing into the human body a controlled substance. It includes, but is not limited to: (1) Kits used, intended for use, or designed for use in planting, propagating, cultivating, growing, or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived; (2) Kits used, intended for use, or designed for use in manufac. turing, compounding, converting, producing, processing, or prepar- ing controlled substances; (3) Isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant which is a controlled substance; (4) Testing equipment used, intended for use, or designed for use in identifying or in analyzing the strength, effectiveness, or purity of controlled substances; (5) Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances; (6) Diluents and adulterants, such as quinine hydroehloride, man. nitol, mannite, dextrose, and lactose, used, intended for use, or designed for use in cutting controlled substances; (7) Separation gins and sifters used, intended for use, or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, marihuana; (8) Blenders, bowls, containers, spoons, and mixing devices used, intended for use, or designed for use in compounding controlled substances; (9) Capsules, balloons, envelopes, and other containers used, in- tended for use, or designed for use in packaging small quantities of controlled substances; (10) Containers and other objects used, intended for use, or designed for use in storing or concealing controlled substances; (11) Hypodermic syringes, needles, and other objects used, in- tended for use, or designed for use in parenterally injecting con- trolled substances into the human body; ( Objects used, intended for use, or desigr -" for use in ingest- ing, ~nhaling, or otherwise introducing marihua,~ ~ cocaine, hashish, or hashish oil into the human body, such as: (i) Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls; (ii) Water pipes; , (iii) Carburetion tubes and devices; (iv) Smoking and carburetion masks; (v) Roach clips: Meaning objects used to hold burning material, such as a marihuana cigarette, that has become too small or too short to be held in the hand; (vi) Miniature cocaine spoons, and cocaine vials; (vii) Chamber pipes; (viii) Carburetor pipes; (ix) Electric pipes; (x) Air-driven pipes; (xi) Chiliums; (xii) Bongs; and (xiii) Ice pipes or chillers. (b) In determining whether an object is drug paraphernalia under this section, a court or other authority should consider, in addition to all other logically relevant factors, the following: (1) Statements by an owner or by anyone in control of the object concerning its use; (2) Prior convictions, if any, of an owner, or of anyone in control of the object, under any state or federal law relating to any controlled substance; (3~ The proximity of the object, in time and space, to a direct violation of this chapter; (4) The proximity of the object to controlled substances; (5) The existence of any residue of controlled substances on the object; (6) Direct or circumstantial evidence of the intent of afl owner, or of anyone in control of the object, to deliver it to persons whom he knows, or should reasonably know, intend to use the object to facilitate a violation of this chapter; the innocence of an owner, or of anyone in control of the object, as to a direct violation of this chapter shall not prevent a finding that the object is intended or designed for use as drug paraphernalia; (7) Instructions, oral or written, provided with the object concern- ing its use; (8) Descriptive materials accompanying the object which explain or depict its use; (9) National and local advertising concerning its use; (10) The manner in which the object is displayed for sale; (11) Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products; (12) Direct or circumstantial evidence of the ratio of sales of the object(s) to the total sales of the business enterprise; (13) The existence and scope of legitimate uses for the object in the community; and (14) Expert testimony concerning its use.