Chapters 12A.02 through 12A.30, hereinafter referred to as "this subtitle" or "this code" shall be known and may be cited as Seattle Criminal Code and shall become effective on December 3, 1974.

(Ord. 113548 § 1, 1987: Ord. 102843 § 12A.01.010(1), 1973.)

The provisions of this subtitle shall apply to any offense which is defined in this subtitle or the general ordinances committed on or after the effective date hereof, unless otherwise expressly provided or unless the context otherwise requires, and shall also apply to any defense to prosecution for such an offense.

(Ord. 102843 § 12A.01.010(2), 1973.)

The provisions of this subtitle do not apply to or govern the construction of and punishment for any offense committed prior to the effective date of this subtitle, or to the construction and application of any defense to a prosecution for such an offense. Such an offense must be construed and punished according to the provisions of law existing at the time of the commission thereof in the same manner as if this subtitle had not been enacted.

(Ord. 102843 § 12A.01.010(3), 1973.)

No offense committed and no penalty or forfeiture incurred previous to the time when any ordinance expires or is repealed, whether such repeal be express or implied, shall be affected by such expiration or repeal, unless a contrary intention is expressly declared in the expiring or repealing ordinance, and no prosecution for any offense or for the recovery of any penalty or forfeiture pending at the time any ordinance expires or is repealed, whether such repeal be express or implied, shall be affected by such expiration or repeal, but the same shall proceed in all respects as if such ordinance had not expired or been repealed, unless a contrary intention is expressly declared in the expiring or repealing ordinance. Whenever any ordinance defining an offense or making conduct unlawful is amended or repealed, whether such amendment or repeal be express or implied, any offense committed, conduct engaged in or penalty or forfeiture incurred while the ordinance was in force shall be punished or enforced as if the ordinance were in force, notwithstanding such amendment or repeal, unless a contrary intention is expressly declared in the amendatory or repealing ordinance, and every such amendatory or repealing ordinance shall be so construed as to save all proceedings under the amended or repealed ordinance pending at the time of the amendatory or repealing ordinance, unless a contrary intention is expressly declared therein.

(Ord. 116872 § 6, 1993.)

A.

The general purposes of the provisions governing the definition of offenses are:

1.

To forbid and prevent conduct that unjustifiably and inexcusably inflicts or threatens harm to individual or public interests;

2.

To safeguard conduct that is without culpability from condemnation as criminal;

3.

To give fair warning of the nature of the conduct declared to constitute an offense.

B.

The provisions of this subtitle shall be construed according to the fair import of their terms but when the language is susceptible of differing constructions it shall be interpreted to further the general purposes stated in this section and the special purposes of the particular provision involved. The discretionary powers conferred by this subtitle shall be exercised in accordance with the criteria stated in this subtitle and, insofar as such criteria are not decisive, to further the general purposes stated in this section.

(Ord. 102843 § 12A.01.030, 1973.)

A.

Except as otherwise provided in this section, a person is subject to prosecution under the law of this City for an offense committed by his own conduct or the conduct of another for which he is legally accountable if:

1.

Either the conduct which is an element of the offense or the result which is such an element occurs within this City; or

2.

Conduct occurring outside this City intended to cause a result within this City is sufficient under the law of this City to constitute an attempt to commit an offense within this City; or

3.

Conduct occurring within this City establishes complicity in the commission of, or an attempt, to commit, an offense in another jurisdiction which also is an offense under the law of this City; or

4.

The offense consists of the omission to perform a legal duty imposed by the law of this City with respect to residence or a relationship to a person, thing or transaction in this City; or

5.

The offense is based on an ordinance of this City which expressly prohibits conduct outside the City, when the conduct bears a reasonable relation to a legitimate interest of the City and the actor knows or should know that his conduct is likely to affect that interest.

B.

Subsection A1 does not apply when either causing a specified result or an intention to cause or danger of causing such a result is an element of an offense and the result occurs or is designed or likely to occur only in another jurisdiction where the conduct charged would not constitute an offense, unless a legislative purpose plainly appears to declare the conduct criminal regardless of the place of the result.

C.

Subsection A1 does not apply when causing a particular result is an element of an offense and the result is caused by conduct occurring outside the City which would not constitute an offense if the result had occurred there, unless the actor knowingly caused the result within this City.

D.

Where the conduct constituting an offense is or includes an electronic communication, a person making or sending such electronic communication is subject to prosecution under the law of this City if the electronic communication was made, sent, received, or viewed either within this City or by a resident of this City who is temporarily outside this City. This subsection 12A.02.050.D must be construed to prohibit multiple prosecutions for substantially the same conduct, provided, however, that a probation violation or similar proceeding is not a prosecution for purposes of this sentence.

(Ord. 126691, § 3, 2022; Ord. 102843, § 12A.01.050, 1973.)

Every offense defined by this subtitle or conduct made unlawful thereby shall constitute a crime and a jail sentence may be imposed therefor, except for such offenses or unlawful conduct as shall be specifically designated as violations.

(Ord. 102843 § 12A.01.070, 1973.)

A.

Every crime without a specific penalty provision, and every crime designated as a gross misdemeanor, may be punished by a fine not to exceed Five Thousand Dollars ($5,000), or by imprisonment for a term not to exceed three hundred sixty-four (364) days, or by both such fine and imprisonment.

B.

Every crime designated as a misdemeanor may be punished by a fine not to exceed One Thousand Dollars ($1,000) or by imprisonment for a term not to exceed ninety (90) days, or by both such fine and imprisonment.

(Ord. 123633, § 3, 2011; Ord. 114635 § 1, 1989: Ord. 111858 § 4, 1984: Ord. 102843 § 12A.01.090(1), 1973.)

A violation may be punished by a civil fine or forfeiture not to exceed Five Hundred Dollars ($500), but a finding that a violation has been committed shall not give rise to any disability or legal disadvantage based on the conviction of a criminal offense. The court may also order a person found to have committed a violation to make or pay restitution. The terms "violation," "infraction," and "civil infraction" are synonymous.

(Ord. 120887 § 1, 2002: Ord. 102843 § 12A.01.090(2), 1973.)

A person who, after receiving a notice of civil infraction that includes a statement of the options provided in RCW Chapter 7.80 for responding to the notice and the procedures necessary for exercising these options, knowingly fails to exercise one of the options within fifteen (15) days of the date of the notice is guilty of a misdemeanor regardless of the disposition of the notice. A notice of civil infraction may be complied with by an appearance by counsel.

(Ord. 122789, § 1, 2008; Ord. 120887 § 2, 2002.)

Notwithstanding the civil nature of the penalty for violations, Section 12A.02.080, does not deny to the defendant constitutional rights he would have were the penalty deemed criminal, provided that a defendant charged with a violation shall not be entitled to a jury trial.

(Ord. 102843 § 12A.01.090(3), 1973.)

Upon a judgment for fine and costs rendered on a conviction of a violation, execution may be issued against the property of a defendant and returned in the same manner as in civil actions.

(Ord. 102843 § 12A.01.090(4), 1973.)

A court may, in its discretion, treat any intentional failure to comply with a court order in respect to fines or costs or both, upon conviction of a violation, as civil contempt.

(Ord. 102843 § 12A.01.090(5), 1973.)

A.

As used in this section, "crime" has the meaning specified in Section 12A.02.060.

B.

A peace officer may arrest a person without a warrant if the officer has probable cause to believe that such person has committed a crime.

C.

Whenever a person is arrested under subsection B, the arresting officer, or any other authorized peace officer, may serve upon the arrested person a citation and notice to appear in Municipal Court, in lieu of continued custody, as provided by the Rules of Courts of Limited Jurisdiction.

D.

Whenever a peace officer has probable cause to believe that a person has committed a crime, violation or infraction under any ordinance of the City, the officer may detain such person for a reasonable period of time necessary to identify the person and check for outstanding warrants.

E.

Whenever a peace officer has probable cause to believe that a person has committed a violation as defined in Section 12A.02.060, the officer will issue such person a citation and notice to appear in Municipal Court in the same manner as provided by the Rules of Courts of Limited Jurisdiction unless:

1.

The officer is unable to reasonably ascertain the actor's identity; or

2.

The officer reasonably believes that the identification is not accurate, in either of which cases the person may be arrested.

F.

Upon an arrest as provided in subsection E, such person may be held only to be photographed, administratively searched and fingerprinted, and must be released immediately upon identification.

G.

If a person violates his or her promise to appear in court given in accordance with subsections C or E, a warrant may be issued for his or her arrest and bail may be set.

(Ord. 118877 § 3, 1997: Ord. 107309 § 1, 1978: Ord. 102843 § 12A.01.140, 1973.)

In this Subtitle I, unless a different meaning plainly is required:

"Act" or "action" means a bodily movement whether voluntary or involuntary.

"Acted" includes, where relevant, omitted to act.

"Actor" includes, where relevant, a person failing to act.

"Bodily injury," "physical injury," or "bodily harm" means physical pain or injury, illness, or an impairment of physical condition.

"Deadly weapon" means an explosive, loaded or unloaded firearm, or other weapon, device, instrument, article, or substance, including a vehicle as defined in this Section 12A.02.150, 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 substantial bodily harm.

"Dwelling" means any building or structure, though movable or temporary, or a portion thereof, which is used or ordinarily used by a person for lodging.

"Electronic communication" means the transmission of information by wire, radio, optical cable, electromagnetic, or other similar means and includes, but is not limited to, cellular telephone, email, internet based communications, pager service, and electronic text messaging.

"Electronic tracking device" means an electronic device that permits a person to remotely determine or monitor the position and movement of another person, vehicle, device, or other personal possession. As used in this definition, "electronic device" includes computer code or other digital instructions that once installed on a digital device, allows a person to remotely track the position of that device.

"Element of an offense" means: (i) such conduct or (ii) such attendant circumstances, or (iii) such a result of conduct as:

1.

Is included in the description of the offense;

2.

Establishes the required kind of culpability;

3.

Negates an excuse or justification for such conduct;

4.

Negates a defense under the statute of limitations; or

5.

Establishes jurisdiction.

"Jail" means any place designated by law for the keeping of persons held in custody under process of law, or under lawful arrest.

"Judge" includes every judicial officer authorized, alone or with others, to hold or preside over a court.

"Material element of an offense" means an element that does not relate exclusively to the statute of limitations, jurisdiction or to any other matter similarly unconnected with: (a) the harm or evil, incident to conduct, sought to be prevented by the law defining the offense, or (b) the existence of a justification or excuse for such conduct.

"Motor vehicle" means every vehicle that is self-propelled or propelled by electric power obtained from overhead trolley wires.

"Officer" and "public officer" have their ordinary meanings and include all assistants, deputies, clerks, and employees of any public officer and all persons exercising or assuming to exercise any of the powers or functions of a public officer.

"Omission" means a failure to act.

"Ordinance" means an ordinance of The City of Seattle.

"Peace officer" means a public officer charged with the duty to enforce public order and to make arrests for offenses under this Subtitle I or under the criminal laws of the state.

"Person," "he," "she," and "actor" include any natural person, and, in addition, a corporation, a joint stock association or an unincorporated association unless a contrary intention plainly appears.

"Public servant" means any person other than a witness who presently occupies the position of or has been elected, appointed, or designated to become any officer or employee of government, including a legislator, judge, judicial officer, juror, and any person participating as an advisor, consultant, or otherwise in performing a governmental function.

"Property" means anything of value, whether tangible or intangible, real or personal.

"Reasonably believes" or "reasonable belief" designates a belief that the actor is not reckless or criminally negligent in holding.

"Restrain" means to restrict a person's movements without consent and without legal authority in a manner which interferes substantially with his or her liberty. Restraint is "without consent" if it is accomplished by (a) physical force, intimidation, or deception, or (b) any means including acquiescence of the victim, if he or she is a child less than 16 years old or an incompetent person and if the parent, guardian, or other person or institution having lawful control or custody of him or her has not acquiesced.

"Sexual conduct" means any of the following:

1.

Sexual intercourse in its ordinary sense which occurs upon any penetration, however slight, or contact between persons involving the sex organs of one and the mouth or anus of another;

2.

Masturbation, manual or instrumental, of one person by another.

"Statute" means the Constitution or an Act of the Legislature or initiative or referendum of this state.

"Vehicle" means a "motor vehicle" as defined in Chapter 11.14, any aircraft, or any vessel equipped for propulsion by mechanical means or by sail.

"Voluntary" has the meaning specified in Section 12.A.04.010.

(Ord. 126691, § 4, 2022; Ord. 124301, § 4, 2013; Ord. 120887, § 3, 2002; Ord. 115649, § 1, 1991; Ord. 107309, § 2, 1978; Ord. 107232, § 1, 1978; Ord. 102843, § 12A.01.150, 1973.)

A.

A person is not guilty of an offense unless his liability is based on conduct which includes a voluntary act or an omission to perform an act of which he is physically capable.

B.

The possession of property is a voluntary act if the actor was aware of his physical possession of such property or was aware of his control thereof for a sufficient period to have been able to terminate his possession.

C.

For purposes of this section:

1.

"Voluntary act" means a bodily movement performed consciously as a result of the actor's effort or determination.

2.

"Omission" means a failure to perform an act as to which a duty of performance is imposed by law.

(Ord. 102843 § 12A.02.010, 1973.)

A.

Intent. A person acts with intent or intentionally when he or she 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:

1.

He or she is aware of a fact, facts, or circumstances or result described by an ordinance defining an offense; or

2.

He or she has information which would lead a reasonable person in the same situation to believe that facts exist which facts are described by an ordinance defining an offense.

C.

Recklessness. A person is reckless or acts recklessly when he or she knows of and disregards a substantial risk that a wrongful act may occur and his or her disregard of such substantial risk is a gross deviation from conduct that a reasonable person would exercise in the same situation.

D.

Criminal Negligence. A person is criminally negligent or acts with criminal negligence when he or she fails to be aware of a substantial risk that a wrongful act may occur and his or her failure to be aware of such substantial risk constitutes a gross deviation from the standard of care that a reasonable person would exercise in the same situation.

E.

Requirement of Wilfulness Satisfied by Acting Knowingly. A requirement that an offense be committed wilfully is satisfied if a person acts knowingly with respect to the material elements of the offense, unless a purpose to impose further requirements plainly appears.

(Ord. 115649, § 2, 1991; Ord. 109674, § 1, 1981; Ord. 109433 § 1(part), 1980: Ord. 102843 § 12A.02.030(2), 1973.)

When the Seattle Municipal Code or an ordinance provides that criminal negligence suffices to establish an element of an offense, such element also is established if a person acts intentionally, knowingly or recklessly. 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 element, such element also is established if a person acts intentionally.

(Ord. 109674, § 1, 1981; Ord. 109433 § 1(part), 1980: Ord. 102843 § 12A.02.030(4), 1973.)

When the grade or degree of an offense depends on whether the offense 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.

(Ord. 109674, § 1, 1981; Ord. 109433 § 1(part), 1980: Ord. 102843 § 12A.02.030(5), 1973.)

When intentionally or knowingly causing a particular result is an element of an offense, the element is not established if the actual result is not within the purpose or the contemplation of the actor unless:

A.

The actual result differs from that designed or contemplated, as the case may be, only in the respect that a different person or different property is injured or affected or that the injury or harm designed or contemplated would have been more serious or more extensive than that caused; or

B.

The actual result involves the same kind of injury or harm as that designed or contemplated and is not too remote or accidental in its occurrence to have a bearing on the actor's liability or on the gravity of his offense.

(Ord. 102843 § 12A.02.050(2), 1973.)

When recklessly or criminally negligently causing a particular result is an element of an offense, the element is not established if the actual result is not within the risk of which the actor is aware or, in the case of criminal negligence, of which he should be aware unless:

A.

The actual result differs from the probable result only in the respect that a different person or different property is injured or affected or that the probable injury or harm would have been more serious or more extensive than that caused; or

B.

The actual result involves the same kind of injury or harm as the probable result and is not too remote or accidental in its occurrence to have a bearing on the actor's liability or on the gravity of his offense.

(Ord. 102843 § 12A.02.050(3), 1973).

If an ordinance defining an offense does not clearly indicate a legislative intent to impose absolute liability, it should be construed as defining an offense requiring one of the mental states described in Section 12A.04.030. This section applies to all offenses defined by the laws of this City except those in Chapter 11.56 and Section 12A.09.020.

(Ord. 125881, § 3, 2019; Ord. 111853 § 1, 1984: Ord. 102843 § 12A.02.070, 1973.)

A.

As used in this section:

1.

"Agent" means any director, officer or employee of a corporation, or any other person who is authorized to act in behalf of the corporation.

2.

"Managerial agent" means an officer or director of a corporation or any other person in a position of comparable authority with respect to the formulation of corporate policy or the supervision in a managerial capacity of subordinate employees.

3.

"Corporation" has its ordinary meaning and also includes but is not limited to partnerships, professional service corporations, societies and other unincorporated associations whether organized for profit or nonprofit.

B.

A corporation is guilty of an offense when:

1.

The conduct constituting the offense consists of an omission to discharge a specific duty of affirmative performance imposed on corporations by law; or

2.

The conduct constituting the offense is engaged in, authorized, solicited, requested, commanded, or recklessly tolerated by the board of directors or by a managerial agent acting within the scope of his employment and in behalf of the corporation; or

3.

The conduct constituting the offense is engaged in by an agent of the corporation, other than a managerial agent, while acting within the scope of his employment and in behalf of the corporation and the offense is one defined by an ordinance which indicates a legislative intent to impose such criminal liability on a corporation.

C.

A person is criminally liable for conduct constituting an offense which he performs or causes to be performed in the name of or in behalf of a corporation to the same extent as if such conduct were performed in his own name or behalf.

D.

Whenever duty to act is imposed by law upon a corporation, 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 managerial agent, for a criminally negligent omission to perform the required act to the same extent as if the duty were by law imposed directly upon such agent.

(Ord. 102843 § 12A.02.090, 1973.)

A.

A person is guilty of an attempt to commit a crime if, with intent to commit a specific crime, he or she does any act:

1.

Which is a substantial step toward the commission of that crime; and

2.

Which strongly corroborates his or her intent to commit that crime.

B.

If the conduct in which a person engages otherwise constitutes an attempt to commit a crime, it is no defense to a prosecution of such attempt that the crime charged to have been attempted was, under the attendant circumstances, factually or legally impossible of commission, if such crime could have been committed had the attendant circumstances been as such person believed them to be.

C.

When the actor's conduct would otherwise constitute a criminal attempt under this section, it is an affirmative defense that, under circumstances manifesting a complete and voluntary renunciation of his or her criminal intent, he or she:

1.

Abandoned his or her effort to commit the crime; or

2.

Prevented the commission of the crime.

D.

A person may not be convicted on the basis of the same course of conduct of both an attempt to commit an offense and either complicity in or the commission of that offense.

E.

This section shall not apply to liability for the conduct of another as defined in Section 12A.04.130.

F.

An attempt to commit a crime is a misdemeanor.

(Ord. 114635 § 2, 1989: Ord. 102843 § 12A.02.100, 1973.)

A.

A person is guilty of an offense if it is attempted or committed by the conduct of another person for which he is legally accountable.

B.

A person is legally accountable for the conduct of another person when:

1.

Acting with the kind of culpability that is sufficient for the commission of the offense, he causes an innocent or irresponsible person to engage in such conduct; or

2.

He is made accountable for the conduct of such other person by this subtitle or by the law defining the offense; or

3.

He is an accomplice of such other person in the commission of the offense.

C.

A person is an accomplice of another person in the commission of an offense if:

1.

With the intent of promoting or facilitating the commission of the offense, he:

a.

Solicits, commands, or requests such other person to commit it, or

b.

Aids or agrees to aid such other person in planning or committing it; or

2.

His conduct is expressly declared by law to establish his complicity.

D.

A person who is legally incapable of committing a particular offense himself may be guilty thereof if it is committed by the conduct of another person for which he is legally accountable, unless such liability is inconsistent with the purpose of the provision establishing his incapacity.

E.

Unless otherwise provided by this subtitle or by the law defining the offense, a person is not an accomplice in an offense committed by another person if:

1.

He is a victim of that offense; or

2.

The offense is so defined that his conduct is inevitably incident to its commission; or

3.

He terminates his complicity prior to the commission of the offense and:

a.

Deprives it of effectiveness in the commission of the offense, or

b.

Gives timely warning to the law enforcement authorities or otherwise makes a good faith effort to prevent the commission of the offense.

F.

An accomplice may be convicted on proof of the commission of the offense and of his complicity therein, though the person claimed to have committed the offense has not been prosecuted or convicted or has been convicted of a different offense or degree of offense or has an immunity to prosecution or conviction or has been acquitted.

G.

A person may not be convicted on the basis of the same course of conduct of both the commission of and complicity in that offense.

(Ord. 102843 § 12A.02.110, 1973.)

A.

A person shall not be relieved of criminal liability because he engages in conduct under a mistaken belief of fact, unless:

1.

Such factual mistake negates the mental state required for the commission of an offense; or

2.

The ordinance defining the offense or ordinance related thereto expressly provides that such factual mistake constitutes a defense or exemption; or

3.

Such factual mistake is of a kind that supports a defense of justification.

B.

A person is not relieved of criminal liability for conduct because he engages in such conduct under a mistaken belief that it does not, as a matter of law, constitute an offense, unless such mistaken belief is reasonably founded upon an official statement of the law contained in:

1.

A statute, ordinance, or other enactment; or

2.

An administrative order or grant of permission; or

3.

A judicial decision; or

4.

An interpretation of the statute or law relating to the offense, officially made or issued by a public servant, agency or body legally charged or empowered with the responsibility or privilege of administering, enforcing or interpreting such ordinance.

C.

A defense based upon this section is an affirmative defense.

(Ord. 108472 § 1, 1979: Ord. 102843 § 12A.04.130, 1973.)

No act committed by a person while in a state of voluntary intoxication shall be deemed less criminal by reason of his/her condition, but whenever the actual existence of any particular mental state is a necessary element to constitute a particular species or degree of crime, the fact of his/her intoxication may be taken into consideration in determining such mental state.

(Ord. 112541 § 5, 1985.)

To establish the defense of insanity, it must be shown that:

A.

At the time of the commission of the offense, as a result of mental disease or defect, the mind of the actor was affected to such an extent that:

1.

He/she was unable to perceive the nature and quality of the act with which he/she is charged; or

2.

He/she was unable to tell right from wrong with reference to the particular act charged.

B.

The defense of insanity must be established by a preponderance of the evidence.

(Ord. 112541 § 6, 1985.)

A.

In any prosecution for a crime, it is a defense that:

1.

The actor participated in the crime under compulsion by another who by threat or use of force created an apprehension in the mind of the actor that in case of refusal he/she or another would be exposed to immediate death or immediate grievous bodily injury; and

2.

That such apprehension was reasonable upon the part of the actor; and

3.

That the actor would not have participated in the crime except for the duress involved.

B.

The defense of duress is not available if the actor intentionally or recklessly places himself/herself in a situation in which it is probable that he/she will be subject to duress.

C.

The defense of duress is not established solely by a showing that a married person acted on the command of his or her spouse.

(Ord. 112541 § 7, 1985.)

The court may dismiss a prosecution if, having regard to the nature of the conduct charged to constitute an offense and the nature of the attendant circumstances, it finds that the defendant's conduct:

A.

Was within a customary license or tolerance not inconsistent with the purpose of the law defining the offense; or

B.

Did not actually cause or threaten the harm or evil sought to be prevented by the law defining the offense or did so only to an extent too trivial to warrant the condemnation of conviction; or

C.

Presents such other extenuations that it cannot reasonably be regarded as envisioned by the legislature in forbidding the offense.

(Ord. 102843 § 12A.02.230, 1973.)

A.

In any prosecution for a crime, it is a defense that:

1.

The criminal design originated in the mind of law enforcement officials, or any person acting under their discretion; and

2.

The actor was lured or induced to commit a crime which the actor had not otherwise intended to commit.

B.

The defense of entrapment is not established by a showing only that law enforcement officials merely afforded the actor an opportunity to commit a crime.

(Ord. 112541 § 8, 1985.)

The use, attempt, or offer to use force upon or toward the person of another is not unlawful in the following cases, unless prohibited by Section 3.28.145:

A.

Whenever necessarily used by a public officer in the performance of a legal duty, or a person assisting him/her and acting under his/her direction;

B.

Whenever necessarily used by a person arresting one who has committed a felony and delivering him/her to a public officer competent to receive him/her into custody;

C.

Whenever used by a party about to be injured, or by another lawfully aiding him/her 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/her possession, in which case the force is not more than is necessary;

D.

Whenever reasonably used by a person to detain someone who enters or remains unlawfully in a building or on real property in the control 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;

E.

Whenever used by a carrier of passengers or his/her 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 is necessary to expel the offender with reasonable regard to his/her personal safety;

F.

Whenever used by any person to prevent a mentally ill, mentally incompetent, or mentally disabled person from committing an act dangerous to himself/herself or another, or in enforcing necessary restraint for the protection of his/her person, or his/her restoration to health, during such period only as is necessary to obtain legal authority for the restraint or custody of his/her person.

(Ord. 126096, § 2, 2020; Ord. 122789, § 2, 2008; Ord. 113000, § 1, 1986; Ord. 112541, § 9, 1985.)

A.

The following actions are presumed unreasonable when used to correct or restrain a child: (1) throwing, kicking, burning, or cutting a child; (2) striking a child with a closed fist; (3) shaking a child under age three; (4) interfering with a child's breathing; (5) threatening a child with a deadly weapon; or (6) doing any other act that is likely to cause and which does cause bodily harm greater than transient pain or minor temporary marks. The age, size and condition of the child and the location of the injury shall be considered when determining whether the bodily harm is reasonable or moderate. This list is illustrative of unreasonable actions and is not intended to be exclusive.

B.

The physical discipline of a child is not unlawful when it is reasonable and moderate and is inflicted by a parent or guardian for purposes of restraining or correcting the child. Any use of force on a child by any other person is unlawful unless it is reasonable and moderate and is authorized in advance by the child's parent or guardian for purposes of restraining or correcting the child.

(Ord. 113000 § 2, 1986.)

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 investigation 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, owner, 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 records of the mercantile establishment relative to the ownership of the merchandise.

(Ord. 112541 § 10, 1985.)

A person is not justified in using force against another based on the discovery of, knowledge about, or potential disclosure of the victim's actual or perceived gender, gender identity, gender expression, or sexual orientation, including under circumstances in which the victim made an unwanted nonforcible romantic or sexual advance towards the defendant, or in which the defendant and victim dated or had a romantic or sexual relationship.

(Ord. 126691, § 5, 2022.)

A.

It is unlawful for any person to intentionally fight with another person in a public place and thereby create a substantial risk of:

1.

Injury to a person who is not actively participating in the fight; or

2.

Damage to the property of a person who is not actively participating in the fight.

B.

In any prosecution under subsection A of this Section 12A.06.025, 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 12A.06.025, "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 and drink or provide entertainment, and the doorways and entrances to buildings or dwellings and the grounds enclosing them.

(Ord. 109674, § 3, 1981; Ord. 108908 § 1, 1980; Ord. 102843 § 12A.04.090, 1973.)

A.

A person is guilty of menacing when by a present threat to another person subsequent to a history of threats or violence between himself or herself and such other person, he or she intentionally causes or attempts to cause such other person reasonably to fear serious bodily injury or death.

B.

As used in this section, "threat" means to communicate, directly or indirectly, the intent to cause bodily injury in the future to another.

C.

As used in this section, "history of threats or violence" means one or more of the following:

1.

Two or more threats; or

2.

One or more assaults as incorporated in Section 12A.09.020.

(Ord. 125881, § 5, 2019; Ord. 119010 § 1, 1998; Ord. 116872 § 8, 1993; Ord. 112333 § 1, 1985; Ord. 109564 § 1, 1980; Ord. 108567 § 1, 1979; Ord. 102843 § 12A.04.050, 1973.)

A.

A person is guilty of cyberstalking if he or she, without lawful authority and under circumstances not amounting to a felony attempt of another crime:

1.

Knowingly and without consent:

a.

Installs or monitors an electronic tracking device with the intent to track the location of another person; or

b.

Causes an electronic tracking device to be installed, placed, or used with the intent to track the location of another person; and

2.

a.

Knows or reasonably should know that knowledge of the installation or monitoring of the tracking device would cause the other person reasonable fear;

b.

Has notice that the other person does not want to be contacted or monitored by him or her; or

c.

The other person has a protective order in effect protecting him or her from the defendant.

B.

It is not a defense to the crime of cyberstalking that the person was not given actual notice that the other person did not want the defendant to contact or monitor him or her. It is not a defense to the crime of cyberstalking that the defendant did not intend to frighten, intimidate, or harass the other person.

C.

The provisions of this Section 12A.06.045 do not apply to the installation, placement, or use of an electronic tracking device by any of the following:

1.

A law enforcement officer, judicial officer, probation or parole officer, or other public employee when any such person is engaged in the lawful performance of official duties and in accordance with state or federal law;

2.

The installation, placement, or use of an electronic tracking device authorized by an order of a municipal, state, or federal court;

3.

A legal guardian for a disabled adult or a legally authorized individual or organization designated to provide protective services to a disabled adult when the electronic tracking device is installed, placed, or used to track the location of the disabled adult for which the defendant is a legal guardian or the individual or organization is designated to provide protective services;

4.

A parent or legal guardian of a minor when the electronic tracking device is installed, placed, or used to track the location of that minor unless the parent or legal guardian is subject to a court order that orders the parent or legal guardian not to assault, threaten, harass, follow, or contact that minor;

5.

An employer, school, or other organization, who owns the device on which the tracking device is installed and provides the device to a person for use in connection with the person's involvement with the employer, school, or other organization and the use of the device is limited to recovering lost or stolen items; or

6.

The owner of fleet vehicles, when tracking such vehicles. For the purposes of this Section 12A.06.045, "fleet vehicle" means any of the following:

a.

One or more motor vehicles owned by a single entity and operated by employees or agents of the entity for business or government purposes;

b.

Motor vehicles held for lease or rental to the general public; or

c.

Motor vehicles held for sale, or used as demonstrators, test vehicles, or loaner vehicles, by motor vehicle dealers.

(Ord. 126691, § 6, 2022; Ord. 122789, § 5, 2008.)

A.

A person is guilty of cyber harassment if he or she, with intent to harass or intimidate any other person, and under circumstances not constituting telephone harassment, makes an electronic communication to that person or a third party and the communication:

1.

Uses any lewd, lascivious, indecent, or obscene words, images, or language, or suggests the commission of any lewd or lascivious act;

2.

Is made anonymously or repeatedly;

3.

a.

Contains a threat to inflict bodily injury, immediately or in the future, on the person threatened or to any other person; and

b.

Either would cause a reasonable person, with knowledge of the sender's history, to suffer emotional distress or to fear for the safety of the person threatened; or reasonably caused the threatened person to suffer emotional distress or fear for the threatened person's safety. or

4.

a.

Contains a threat to damage, immediately or in the future, the property of the person threatened or of any other person; and

b.

Either would cause a reasonable person, with knowledge of the sender's history, to suffer emotional distress or to fear for the safety of the person threatened; or reasonably caused the threatened person to suffer emotional distress or fear for the threatened person's safety.

B.

The penalties provided in this Section 12A.06.047 for cyber harassment do not preclude the victim from seeking any other remedy otherwise available under law.

(Ord. 126691, § 7, 2022.)

A person is guilty of reckless endangerment when he recklessly engages in conduct which creates a substantial risk of death or serious bodily injury to another person.

(Ord. 102843 § 12A.04.080, 1973.)

A.

A person is guilty of negligent control of an animal if he or she has possession, custody or control of an animal that, because of the person's negligence, inflicts bodily injury on or kills another person or another animal.

B.

"Negligence" includes, but is not limited to, failure to comply with or violation of any provision of Section 9.25.083 or Section 9.25.084.

C.

Negligent control of an animal is a gross misdemeanor.

(Ord. 121178 § 10, 2003; Ord. 119686 § 1, 1999.)

A.

A person is guilty of failing to summon assistance when:

1.

He or she was present when a crime was committed against another person;

2.

He or she knows that the other person has suffered substantial bodily harm as a result of the crime committed against the other person and that the other person is in need of assistance;

3.

He or she could reasonably summon assistance for the person in need without danger to himself or herself and without interference with an important duty owed to a third party;

4.

He or she fails to summon assistance for the person in need; and

5.

Another person is not summoning or has not summoned assistance for the person in need of such assistance.

B.

Failing to summon assistance is a misdemeanor.

(Ord. 122789, § 6, 2008.)

A.

A person is guilty of coercion if by use of a threat he compels or induces a person to engage in conduct which the latter has a legal right to abstain from, or to abstain from conduct which he has a legal right to engage in.

B.

"Threat" as used in this section means to communicate, directly or indirectly, the intent:

1.

To immediately use force against any person who is present at the time;

2.

To cause bodily injury in the future to another;

3.

To cause damage to property of another; or

4.

To subject another person to physical confinement or restraint.

(Ord. 119010 § 4, 1998; Ord. 102843 § 12A.04.170, 1973.)

A.

A person is guilty of making telephone calls to harass, intimidate, torment, or embarrass any other person if, with intent to harass, intimidate, torment, or embarrass any other person, he makes 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 inconvenient 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.

B.

The offense committed by use of a telephone as set forth in this Section 12A.06.100 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 calls were received.

(Ord. 107670, § 1, 1978 [added § 12A.04.180 to Ord. 102843, 1973].)

A.

It is unlawful for any person to knowingly permit any telephone under his or her control to be used for any purpose prohibited by Section 12A.06.100.

B.

Violation of subsection 12A.06.110.A is a misdemeanor.

(Ord. 117156, § 2, 1994; Ord. 107670, § 1, 1978 [added § 12A.04.185 to Ord. 102843, 1973]

A.

A person is guilty of malicious harassment if he or she maliciously and intentionally commits one (1) of the following acts because of his or her perception of another person's homelessness, marital status, political ideology, age, or parental status:

1.

Causes physical injury to another person; or

2.

By threat places another person in reasonable fear of harm to his or her person or property or harm to the person or property of a third person; provided however, that it shall not constitute malicious harassment for a person to speak or act in a critical, insulting, or deprecatory way so long as his or her words or conduct do not constitute a threat of harm to the person or property of another person; or

3.

Causes physical damage to or the destruction of the property of another person.

B.

"Threat" means to communicate, directly or indirectly, the intent to:

1.

Cause bodily injury immediately or in the future to another; or

2.

Cause damage immediately or in the future to the property of another; or

3.

Subject another person to physical confinement or restraint.

C.

For purposes of this section: "Homelessness" means the status or condition of being without a home, including, but not limited to, the state of living in the streets.

D.

Every person who, in the commission of malicious harassment, shall commit any other crime, may be punished therefor as well as for the malicious harassment, and may be prosecuted for each crime separately.

(Ord. 123395, § 2, 2010; Ord. 123191, § 1, 2009; Ord. 122577, § 1, 2007; Ord. 120132 § 1, 2000.)

A.

A person commits the crime of interfering with the reporting of domestic violence if the person:

1.

Commits a crime of domestic violence, as defined in Section 12A.06.120; and

2.

Prevents or attempts to prevent the victim of or a witness to that domestic violence from calling a 911 emergency communication system, obtaining medical assistance or making a report to any law enforcement official.

B.

Commission of a crime of domestic violence under subsection A of this section is a necessary element of the crime of interfering with the reporting of domestic violence.

C.

Interfering with the reporting of domestic violence is a gross misdemeanor.

(Ord. 118107 § 5, 1996.)

A.

In this Section 12A.06.195, the following definitions apply unless a different meaning plainly is required:

"Dangerous weapon" means a dagger, dirk, spring blade knife, knife the blade of which is automatically released by a spring mechanism or other mechanical device, knife having a blade which opens, falls or is ejected into position by the force of gravity or by an outward, downward or centrifugal thrust or movement and any instrument or weapon of the kind usually known as a slungshot, sand club or metal knuckles.

"Felony" means any felony offense under the laws of this state or any federal or out-of-state offense comparable to a felony offense under the laws of this state.

"Firearm" means a weapon or device from which a projectile may be fired by an explosive such as gunpowder.

"Intimate partner" includes a spouse, a domestic partner, a former spouse, a former domestic partner, a person with whom the restrained person has a child in common, or a person with whom the restrained person has cohabitated or is cohabitating as part of a dating relationship.

B.

When entering an order authorized under Section 12A.06.130, 12A.06.165, or 12A.06.170 or RCW 9A.46.040, 9A.46.050, 9A.46.080, or 9A.46.085 and upon a showing by either clear and convincing evidence or a preponderance of the evidence, but not by clear and convincing evidence, that a party has used, displayed, or threatened to use a firearm or other dangerous weapon in a felony, that a party has previously committed any offense making the party ineligible to possess a firearm under the provisions of RCW 9.41.040 or that a party's possession of a firearm or other dangerous weapon presents a serious and imminent threat to public health or safety or to the health or safety of any person, the court shall:

1.

Require the party to surrender any firearm or other dangerous weapon;

2.

Require the party to surrender any concealed pistol license issued under RCW 9.41.070;

3.

Prohibit the party from obtaining or possessing a firearm or other dangerous weapon;

4.

Prohibit the party from obtaining or possessing a concealed pistol license.

C.

During any period of time a person is subject to a court order issued under Section 12A.06.130, 12A.06.165, or 12A.06.170 or RCW 9A.46.040, 9A.46.050, 9A.46.080, or 9A.46.085 after a hearing of which the person received actual notice and at which the person had an opportunity to participate, that restrains the person from harassing, stalking, or threatening an intimate partner of the person or child of the intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child, that includes a finding that the person represents a credible threat to the physical safety of the intimate partner or child, and, that, by its terms, explicitly prohibits the use, attempted use, or threatened use of physical force against the intimate partner or child that would reasonably be expected to cause bodily injury, the court shall:

1.

Require the party to surrender any firearm or other dangerous weapon;

2.

Require the party to surrender any concealed pistol license issued under RCW 9.41.070;

3.

Prohibit the party from obtaining or possessing a firearm or other dangerous weapon; and

4.

Prohibit the party from obtaining or possessing a concealed pistol license.

D.

The court may order temporary surrender of a firearm or dangerous weapon without notice to the party if it finds, on the basis of the moving affidavit or other evidence, that irreparable injury could result if an order is not issued until the time for a response has passed.

E.

The requirements and prohibitions of subsections 12A.06.195.B and 12A.06.195.D may be for a period of time less than the duration of the order.

F.

The court may require the party to surrender any firearm or dangerous weapon in or subject to the party's immediate possession or control to the King County Sheriff, the Seattle Chief of Police, the party's counsel or any person designated by the court.

G.

A party who is ordered to surrender firearms, dangerous weapons, and the party's concealed pistol license under this Section 12A.06.195 or chapter 7.92 RCW, RCW 7.90.090, 7.90.150, 7.94.050, 7.94.090, 9A.46.050, 9A.46.080, 10.14.080, 10.99.040, 10.99.045, 26.09.050, 26.09.060, 26.10.040, 26.10.115, 26.26.130, 26.26.590, 26.50.060, or 26.50.070 and who knowingly fails to file with the clerk of the court that issued the order a proof of surrender and receipt form or a declaration of nonsurrender form within five judicial days of the entry of the order is guilty of a misdemeanor.

(Ord. 125881, § 11, 2019; Ord. 125345, § 3, 2017; Ord. 124949, § 4, 2015; Ord. 124684, § 7, 2015; Ord. 124301, § 9, 2013; Ord. 118107 § 6, 1996: Ord. 117157, § 1, 1994.)

A.

A relative of the person is guilty of custodial interference if, with the intent to deny access to such person by a parent, guardian, institution, agency or other person having a lawful right to physical custody of such person, the relative takes, entices, retains, detains or conceals the person from a parent, guardian, institution or an agency or other person having a lawful right to physical custody of such person.

B.

Any reasonable expenses incurred in locating or returning a child or incompetent person shall be assessed against a defendant convicted under this chapter.

C.

1.

It is a complete defense to a prosecution under this section if established by the defendant by a preponderance of the evidence, that the defendant's purpose was to protect the child, incompetent person, or himself or herself from imminent physical harm, and the belief of the existence of that imminent physical harm was reasonable.

2.

Consent of a child less than sixteen (16) years of age or an incompetent person does not constitute a defense to an action under this act.

(Ord. 111858 § 2, 1984.)

A person is guilty of unlawful imprisonment if he or she attempts to knowingly restrain another person.

(Ord. 124301, § 10, 2013)

"Building," in addition to its ordinary meaning, includes any dwelling, fenced area, vehicle, railway car, cargo container, or any other structure used for lodging of persons or for carrying on business therein, or for the use, sale, or deposit of goods; each unit of a building consisting of two or more units separately secured or occupied shall be treated as:

1.

A single building in Section 12A.08.030; and

2.

A separate building in Section 12A.08.040.

"Damage" means an injury or harm to property sufficient to lower its value or involving significant inconvenience or loss of efficiency.

"Premises" includes any building, dwelling, structure used for commercial aquaculture, or any real property.

"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 or her body, or any instrument or weapon held in his or her hand and used or intended to be used to threaten or intimidate a person or to detach or remove property.

"Enters or remains unlawfully." A person "enters or remains unlawfully" in or upon premises when he or she 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 personally communicated to him or her 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 commercial aquaculture or for growing an agricultural crop or crops, other than timber, is not unimproved and apparently unused land if a crop or any other sign of cultivation is clearly visible or if notice is given by posting in a conspicuous manner. Similarly, a field fenced in any manner is not unimproved and apparently unused land. A license or privilege to enter or remain on improved and apparently used land that is open to the public at particular times, which is neither fenced nor otherwise enclosed in a manner to exclude intruders, is not a license or privilege to enter or remain on the land at other times if notice of prohibited times of entry is posted in a conspicuous manner.

"Property of another" means property in which the actor possesses anything less than exclusive ownership.

(Ord. 122789, § 8, 2008; Ord. 120887, § 4, 2002; Ord. 115649, § 4, 1991; Ord. 102843, § 12A.08.010, 1973.)

A.

A person is guilty of property destruction if the person intentionally:

1.

Damages the property of another; or

2.

Writes, paints, or draws any inscription, figure, or mark of any type on any public or private building or other structure or any real or personal property owned by any other person unless the person has obtained the express permission of the owner or operator of the property.

B.

1.

It is an affirmative defense to property destruction under subsection 12A.08.020.A.1 that the actor reasonably believed that he had a lawful right to damage such property.

C.

Property destruction is a gross misdemeanor.

(Ord. No. 126778, § 1, 2023; Ord. 123191, § 4, 2009; Ord. 118106, § 1, 1996; Ord. 114635, § 3, 1989; Ord. 102843, § 12A.08.020, 1973.)

A person is guilty of reckless burning if he intentionally causes a fire or explosion and thereby recklessly places a building of another in danger of destruction or damage.

(Ord. 102843, § 12A.08.050, 1973.)

A.

1.

A person is guilty of criminal trespass in the first degree if he or she knowingly enters or remains unlawfully in a building.

2.

Criminal trespass in the first degree is a gross misdemeanor.

B.

1.

A person is guilty of criminal trespass in the second degree if he or she knowingly enters or remains unlawfully in or upon premises of another under circumstances not constituting criminal trespass in the first degree.

2.

Criminal trespass in the second degree is a misdemeanor.

C.

In any prosecution under subsection 12A.08.040.A or 12A.08.040.B, it is an affirmative defense that:

1.

A building involved in an offense under subsection 12A.08.040.A 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 remaining in the premises; or

3.

The actor reasonably believed that the owner of the premises, or other person empowered to license access thereto, would have licensed him or her to enter or remain; or

4.

The actor was attempting to serve legal process, which includes any document required or allowed to be served upon persons or property by any statute, rule, ordinance, regulation, or court order, excluding delivery by the mails of the United States. This defense applies only if the actor did not enter into a private residence or other building not open to the public and the entry onto the premises was reasonable and necessary for service of the legal process.

(Ord. 115649, § 5, 1991; Ord. 114635, § 4, 1989; Ord. 113478, § 1, 1987; Ord. 110062, § 1, 1981; Ord. 102843, § 12A.08.080, 1973.)

The following definitions are applicable in Sections 12A.08.060 through 12A.08.100 unless the context otherwise requires:

"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 obtaining money, goods, services or anything else of value, including satisfaction of a debt or the payment of a check drawn by a cardholder, either on credit or in consideration of an undertaking or guaranty by the issuer.

"Deception" occurs when an actor knowingly:

1.

Creates or confirms another's false impression which the actor does not believe to be true; or

2.

Fails to correct another's false impression which the actor previously has created or confirmed; or

3.

Prevents another from acquiring information material to the disposition of the property involved; or

4.

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

5.

Promises performance which the actor does not intend to perform or knows will not be performed; or

6.

Uses a credit card:

a.

Without authorization, or

b.

Which he knows to be stolen, forged, revoked, or cancelled.

The term "deception" does not include falsity as to matters having no pecuniary significance.

"Obtain" means:

1.

In relation to property, to bring about a transfer or purported transfer to the obtainer or another of a legally recognized interest in the property; or

2.

In relation to labor or service, to secure performance thereof for the benefit of the obtainer or another.

"Obtains or exerts unauthorized control" over property includes but is not necessarily limited to conduct heretofore defined or known as common law larceny by trespassory taking, common law larceny by trick, larceny by conversion, embezzlement, extortion, or obtaining property by false pretenses.

"Owner" means a person, other than the actor, who has possession of or any other interest in the property involved, and without whose consent the actor has no authority to exert control over the property.

"Property" means any money, credit card, personal property, real property, thing in action, evidence of debt or contract, public record, or article of value of any kind.

"Receiving" includes but is not limited to acquiring title, possession, control, or a security interest in the property.

"Service" includes but is not limited to labor, professional service, transportation service, the supplying of hotel accommodations, restaurant services, entertainment, the supplying of equipment for use, and the supplying of commodities of a public utility nature such as gas, electricity, steam, and water.

"Steal" means:

1.

To knowingly obtain or exert unauthorized control over the property of another with intent to deprive him of such property; or

2.

To knowingly obtain by deception control over property of another with intent to deprive him of such property.

"Stolen" means obtained by theft, robbery, extortion, or appropriating lost or misdelivered property.

(Ord. 119010, § 7, 1998; Ord. 102843, § 12A.08.210, 1973.)

A.

A person is guilty of theft if:

1.

He or she steals the property of another; or

2.

By deception or by other means to avoid payment for services, he or she intentionally obtains services which he or she knows to be available only for compensation; or

3.

Having control over the disposition of services of others to which he or she is not entitled, he or she knowingly diverts those services to his or her own benefit or to the benefit of another not entitled thereto; or

4.

He or she knowingly secures the performance of services by agreeing to provide compensation and, after the services are rendered, fails to make full and complete payment, with intent to avoid payment for services.

B.

For purposes of subsection 12A.08.060.A.4, among the circumstances that may be considered in determining whether the person intends to avoid payment for services are that he or she:

1.

Agrees to pay the person providing the services immediately upon completion of the services, but fails to do so; or

2.

Fails to pay the person providing the services at the time of an agreed-upon payday or at the end of the regular payment interval required by state and federal statutes; or

3.

Agrees to pay the person providing the services at a specified time and place after completion of the services, but fails to appear at that time or place; or

4.

Agrees to pay the person providing the services a specified amount upon completion of the services, but pays or offers a lesser amount; or

5.

Pays the person providing the services with a check that is not honored by the bank or other depository upon which it is drawn because of insufficient funds or a stop-payment order; or

6.

In retaliation for asserting any claim to wages, communicates to the person providing the services, directly or indirectly, explicitly or implicitly, the willingness to inform a government employee that the person is not lawfully in the United States, or threatens, intimidates, or takes any other adverse action against the person; or

7.

Has been found by a court to have violated 29 U.S.C. 215(a)(3) with respect to the person providing the services; or

8.

Fails to respond within 15 days to any written communication that makes a demand for unpaid wages from the person providing the services or any other person or entity writing on that person's behalf.

Proof of any of these circumstances is not required for theft under subsection 12A.08.060.A.4 nor do any of these circumstances conclusively prove theft under subsection 12A.08.060.A.4.

C.

In any prosecution under this Section 12A.08.060, it is an affirmative defense that the property or services were openly obtained under a claim of title made in good faith, even though the claim be untenable.

D.

Theft involving services may be deemed to have been committed either at the place where the agreement was made regarding the services or at the place where the services were performed.

E.

Within 14 days after the conviction of a person of theft under subsection 12A.08.060.A.4 of this Section 12A.08.060, the clerk of the court shall forward to the Director of the Department of Finance and Administrative Services a docket of the case record.

(Ord. 124645, § 3, 2014; Ord. 123596, § 2, 2011; Ord. 102843, § 12A.08.220, 1973.)

A.

A person is guilty of unlawful issuance of a bank check if, with intent to defraud, he/she:

1.

Makes, draws, utters, or delivers to another person any check, or draft, on a bank or other depository for the payment of money, knowing at the time of such issuance or delivery he does not have an account in, or sufficient funds or credit with, such bank or depository for payment of such check or draft in full upon presentation; or

2.

Makes, draws, utters, or delivers to another person any check, or draft, on a bank or other depository for the payment of money and he/she issues a stop-payment order directing the bank or depository on which the check is drawn not to honor said check and he/she fails to make payment of money in amount of the check or draft or otherwise arrange a settlement agreed upon by the holder of the check within twenty (20) days of issuing said check or draft.

B.

The word "credit" as used in this section shall be construed to mean an arrangement or understanding with the bank or other depository for the payment of such check or draft in full upon presentation. The issuance or delivery of a check or draft to another person without having an account in or credit with the drawee at the time the same was issued or delivered shall be prima facie evidence of an intent to defraud.

C.

The court shall order the defendant to make full restitution. The defendant need not be imprisoned, but the court shall impose a minimum fine of Five Hundred Dollars ($500). Of the fine imposed, at least Fifty Dollars ($50) shall not be suspended or deferred. Upon conviction for a second offense within any twelve (12) month period, the court may suspend or defer only that portion of the fine which is in excess of Five Hundred Dollars ($500). If the court finds the defendant to be indigent, the defendant shall be required to perform community service in lieu of a fine. The number of hours of community service in lieu of a monetary penalty shall be converted at the rate of the prevailing state minimum wage per hour.

(Ord. 112862 § 1, 1986: Ord. 107245 § 1, 1978: Ord. 102843 § 12A.08.230, 1973.)

A.

A person is guilty of forgery if, with intent to injure or defraud, he or she attempts to:

1.

falsely make, complete, or alter a written instrument or;

2.

possess, utter, offer, dispose of, or put off as true a written instrument that he or she knows to be forged.

B.

The following definitions apply to this subsection:

1.

"Complete written instrument" means one which is fully drawn with respect to every essential feature thereof;

2.

"Incomplete written instrument" means one which contains some matter by way of content or authentication but which requires additional matter in order to render it a complete written instrument;

3.

To "falsely alter" a written instrument means to change, without authorization by anyone entitled to grant it, a written instrument, whether complete or incomplete, by means of erasure, obliteration, deletion, insertion of new matter, transposition of matter, or in any other manner;

4.

To "falsely complete" a written instrument means to transform an incomplete written instrument into a complete one by adding or inserting matter, without the authority of anyone entitled to grant it;

5.

To "falsely make" a written instrument means to make or draw a complete or incomplete written instrument which purports to be authentic, but which is not authentic either because the ostensible maker is fictitious or because, if real, he or she did not authorize the making or drawing thereof;

6.

"Forged instrument" means a written instrument which has been falsely made, completed, or altered;

7.

"Written instrument" means: (a) Any paper, document, or other instrument containing written or printed matter or its equivalent; or (b) any access device, token, stamp, seal, badge, trademark, or other evidence or symbol of value, right, privilege, or identification.

(Ord. 124301, § 11, 2013)

A.

A person is guilty of possessing stolen property if he knowingly receives, retains, possesses, conceals or disposes of property knowing that it has been stolen and withholds or appropriates the same to the use of any person other than the true owner or person entitled thereto.

B.

In any prosecution under this section, it is an affirmative defense that the actor received, retained, or disposed of stolen property with intent to restore it to the owner.

C.

The fact that the person who stole the property has not been convicted, apprehended, or identified is not a defense to a charge of possessing stolen property.

(Ord. 113085 § 1, 1986: Ord. 102843 § 12A.08.260, 1973.)

A.

A person is guilty of appropriating lost or misdelivered property if he obtains or exerts control over the property of another which the actor knows to have been lost or mislaid, or to have been delivered under a mistake as to the identity of the recipient or as to the nature or amount of the property, and the actor fails to take reasonable measures to discover and notify the owner.

B.

As used in this section "reasonable measures" includes but is not necessarily limited to notifying the identified owner or any peace officer.

(Ord. 102843 § 12A.08.280, 1973.)

It is unlawful for any person to knowingly manufacture, duplicate, use or possess a key which opens a parking payment device located within the limits of the City, unless authorized to do so by the Director of Transportation or the Director of Finance and Administrative Services.

(Ord. 123361, § 258, 2010; Ord. 121388 § 21, 2004; Ord. 120794 § 203, 2002; Ord. 117242, § 13, 1994; Ord. 109674, § 8, 1981; Ord. 109037 § 1, 1980: Ord. 102843 § 12A.08.290, 1973.)

A person is guilty of unauthorized use of a motor vehicle when:

A.

Having custody of a motor vehicle pursuant to an agreement between himself/herself or another and the owner thereof whereby he/she or another is to perform for compensation a specific service for the owner, involving the maintenance, repair or use or storage of such vehicle, he/she intentionally uses or operates the same, without the consent of the owner, for his/her own purposes in a manner constituting a gross deviation from the agreed purpose; or

B.

Having custody of a motor vehicle pursuant to an agreement between himself/herself or another and the owner thereof whereby the motor vehicle was to be used for an agreed purpose, he/she intentionally uses or operates the same, without the consent of the owner, for his/her own purposes in a manner constituting a gross deviation from the agreed purpose.

(Ord. 113480 § 1, 1987: Ord. 102843 § 12A.08.300, 1973.)

A.

Every person who shall make or mend, or cause to be made or mended, or have in his or her possession, any engine, machine, tool, false key, pick lock, bit, nippers, or implement or any other implement listed in subsection B, that is adapted, designed, or commonly used for the commission of burglary or vehicle related theft, under circumstances evincing an intent to use or employ, or allow the same to be used or employed in the commission of a burglary, or vehicle related theft, or knowing that the same is intended to be so used, shall be guilty of making or having burglar tools or auto theft tools.

B.

The following tools are to be considered prohibited implements; slim jim, false master key, master purpose key, altered or filed key, trial ("jiggler") keys, slide hammer, lock puller, ceramic or porcelain spark plug chips or pieces, or any other implement shown by facts and circumstances is intended to be used in the commission of a burglary or vehicle involved theft.

C.

For the purposes hereof, the following definitions shall apply:

1.

False Master or Master key means: Any key or other device made or altered to fit locks or ignitions of multiple vehicles, or vehicles other than that for which the key was originally manufactured.

2.

Altered key: Any key so altered, by cutting, filing, or other means, to fit multiple vehicles, or vehicles other than the vehicle for which the key was originally manufactured.

3.

Trial ("Jiggler") keys: Keys or sets designed or altered to manipulate a vehicle locking mechanism other than the lock for which the key was originally manufactured.

D.

It shall be prima facie evidence of "circumstances evincing an intent to use for commission of burglary or vehicle related theft" for a person to be in possession of multiple vehicle keys, or altered vehicle keys unless such person is a bona fide locksmith or an employee of a licensed auto dealer or other position for which the possession of such keys is in the performance of their duties.

E.

Making or having burglar or auto theft tools is a gross misdemeanor.

(Ord. 124684, § 8, 2015; Ord. 122004 § 1, 2005.)

A person is guilty of vehicle prowling if, with intent to commit a crime against a person or property therein, he enters or remains unlawfully in a vehicle.

(Ord. 108567, § 4, 1979 [added § 12A.08.310 to Ord. 102843, 1973].)

A.

A person is guilty of criminal impersonation if the person:

1.

claims to be a law enforcement officer or creates an impression that he or she is a law enforcement officer, does an act with intent to convey the impression that he or she is acting in an official capacity and a reasonable person would believe the person is a law enforcement officer; or

2.

falsely assumes the identity of a veteran or active duty member of the armed forces of the United States with intent to defraud for the purpose of personal gain or to facilitate any unlawful activity.

B.

Criminal impersonation is a gross misdemeanor.

(Ord. 122789, § 9, 2008; Ord. 102843 § 12A.12.320, 1973.)

A.

A person is guilty of possession of another's identification if the person knowingly possesses personal identification bearing another person's identity, when the person possessing the personal identification does not have the other person's permission to possess it,

B.

This section does not apply to:

1.

A person who obtains, by means other than theft, another person's personal identification for the sole purpose of misrepresenting his or her age;

2.

A person engaged in a lawful business who obtains another person's personal identification in the ordinary course of business;

3.

A person who finds another person's lost personal identification, does not intend to deprive the other person of the personal identification or to use it to commit a crime, and takes reasonably prompt steps to return it to its owner; and

4.

A law enforcement agency that produces or displays counterfeit credit or debit cards, checks or other payment instruments, or personal identification for investigative or educational purposes.

C.

The following definitions apply to this Section 12A.08.140 unless the context clearly requires otherwise:

"Credit card" means a card, plate, booklet, credit card number, credit card account number, or other identifying symbol, instrument, or device that can be used to pay for, or to obtain on credit, goods or services.

"Debit card" means a card used to obtain goods or services by a transaction that debits the cardholder's account, rather than extending credit.

"Personal identification" means any driver's license, passport, or identification card actually or purportedly issued by any federal, state, local or foreign governmental entity; any credit card or debit card; or any employee identification card actually or purportedly issued by any employer, public or private, including but not limited to a badge or identification or access card.

(Ord. 125254, § 2, 2017; Ord. 124301, § 12, 2013.)

A.

A person is guilty of identity theft if the person attempts to knowingly obtain, possess, use, or transfer a means of identification or financial information of another person, living or dead, with the intent to commit, or to aid or abet, any crime.

B.

Every person who, in the commission of identity theft, shall commit any other crime may be punished therefor as well as for the identity theft, and may be prosecuted for each crime separately.

C.

A person who violates this section is liable for civil damages of one thousand dollars ($1,000) or actual damages, whichever is greater, including costs to repair the victim's credit record, and reasonable attorneys' fees as determined by the court.

D.

The provisions of this section do not apply to any person who obtains another person's driver's license or other form of identification for the sole purpose of misrepresenting his or her age.

E.

In a proceeding under this section in which a person's means of identification or financial information was used without that person's authorization, and when there has been a conviction, the sentencing court may issue such orders as are necessary to correct a public record that contains false information resulting from a violation of this section.

F.

The following definitions apply to this section unless the context clearly requires otherwise.

1.

"Financial information" means any of the following information identifiable to the individual that concerns the amount and conditions of an individual's assets, liabilities, or credit:

a.

Account numbers and balances;

b.

Transactional information concerning an account; and

c.

Codes, passwords, social security numbers, tax identification numbers, driver's license or permit numbers, state identicard numbers issued by the department of licensing, and other information held for the purpose of account access or transaction initiation.

2.

"Financial information repository" means a person engaged in the business of providing services to customers who have a credit, deposit, trust, stock, or other financial account or relationship with the person.

3.

"Means of identification" means information or an item that is not describing finances or credit but is personal to or identifiable with an individual or other person, including: A current or former name of the person, telephone number, an electronic address, or identifier of the individual or a member of his or her family, including the ancestor of the person; information relating to a change in name, address, telephone number, or electronic address or identifier of the individual or his or her family; a social security, driver's license, or tax identification number of the individual or a member of his or her family; and other information that could be used to identify the person, including unique biometric data.

4.

"Person" means a person as defined in section 12A.02.150.

5.

"Victim" means a person whose means of identification or financial information has been used or transferred with the intent to commit, or to aid or abet, any unlawful activity.

(Ord. 124301, § 13, 2013)

A.

A person is guilty of trafficking in stolen property if the person attempts to recklessly traffic in stolen property.

B.

For purposes of this section, "traffic" means to sell, transfer, distribute, dispense, or otherwise dispose of stolen property to another person, or to buy, receive, possess, or obtain control of stolen property, with intent to sell, transfer, distribute, dispense, or otherwise dispose of the property to another person.

(Ord. 124301, § 14, 2013)

The following definitions are applicable in Sections 12A.08.170 through 12A.08.190 unless the context otherwise requires:

"Access" means to gain entry to, instruct, communicate with, store data in, retrieve data from, or otherwise make use of any resources of electronic data, a data network, or a data system, including via electronic means.

"Data" means a digital representation of information, knowledge, facts, concepts, data software, data programs, or instructions that are being prepared or have been prepared in a formalized manner and are intended for use in a data network, data program, data services, or data system.

"Data network" means any system that provides digital communications between one or more data systems or other digital input/output devices including, but not limited to, display terminals, remote systems, mobile devices, and printers.

"Data program" means an ordered set of electronic data representing coded instructions or statements that when executed by a computer causes the device to process electronic data.

"Data services" includes data processing, storage functions, internet services, email services, electronic message services, web site access, internet-based electronic gaming services, and other similar system, network, or internet-based services.

"Data system" means an electronic device or collection of electronic devices, including support devices one or more of which contain data programs, input data, and output data, and that performs functions including, but not limited to, logic, arithmetic, data storage and retrieval, communication, and control. This term does not include calculators that are not programmable and incapable of being used in conjunction with external files.

"Identifying information" means information that, alone or in combination, is linked or linkable to a trusted entity that would be reasonably expected to request or provide credentials to access a targeted data system or network. It includes, but is not limited to, recognizable names, addresses, telephone numbers, logos, HTML links, email addresses, registered domain names, reserved IP addresses, usernames, social media profiles, cryptographic keys, and biometric identifiers.

"Malware" means any set of data instructions that are designed, without authorization and with malicious intent, to disrupt computer operations, gather sensitive information, or gain access to private computer systems. "Malware" does not include software that installs security updates, removes malware, or causes unintentional harm due to some deficiency. It includes, but is not limited to, a group of data instructions commonly called viruses or worms, that are self-replicating or self-propagating and are designed to infect other data programs or data, consume data resources, modify, destroy, record, or transmit data, or in some other fashion usurp the normal operation of the data, data system, or data network.

"White hat security research" means accessing a data program, service, or system solely for purposes of good faith testing, investigation, identification, and/or correction of a security flaw or vulnerability, where such activity is carried out, and where the information derived from the activity is used, primarily to promote security or safety.

"Without authorization" means to knowingly circumvent technological access barriers to a data system in order to obtain information without the express or implied permission of the owner, where such technological access measures are specifically designed to exclude or prevent unauthorized individuals from obtaining such information, but does not include white hat security research or circumventing a technological measure that does not effectively control access to a computer. The term "without the express or implied permission" does not include access in violation of a duty, agreement, or contractual obligation, such as an acceptable use policy or terms of service agreement, with an internet service provider, internet web site, or employer. The term "circumvent technological access barriers" may include unauthorized elevation of privileges, such as allowing a normal user to execute code as administrator, or allowing a remote person without any privileges to run code.

(Ord. 125254, § 3, 2017.)

A person is guilty of computer trespass if the person, without authorization, intentionally gains access to a computer system or electronic database of another.

(Ord. 125254, § 4, 2017; Ord. 124301, § 15, 2013)

A person is guilty of spoofing if the person, without authorization, knowingly initiates the transmission, display, or receipt of the identifying information of another organization or person for the purpose of gaining unauthorized access to electronic data, a data system, or a data network, and with the intent to commit another crime in violation of a state law not included in this Chapter 12A.08.

(Ord. 125254, § 5, 2017.)

A person is guilty of electronic data tampering if the person knowingly and without authorization:

A.

Alters data as it transmits between two data systems over an open or unsecure network; or

B.

Introduces any malware into any electronic data, data system, or data network.

(Ord. 125254, § 6, 2017.)

A.

As used in this Chapter 12A.09, "RCW" means the Revised Code of Washington.

B.

Whenever a state statute specifically adopted in this Chapter 12A.09 refers to another state statute not specifically adopted in this Chapter 12A.09, the statute referred to shall be given the force and effect necessary to enforce the statute specifically adopted in this Chapter 12A.09.

C.

Whenever a state statute specifically adopted in this Chapter 12A.09 requires another state statute for the investigation, arrest, prosecution, sentencing, confinement, or enforcement of provisions in the statute specifically, the statute referred to shall be given the force and effect necessary to enforce the statute specifically adopted.

D.

Whenever the RCW defines a word for a state statute specifically adopted in this Chapter 12A.09, that definition shall apply instead of any definition for the same word in this Title 12A.

E.

Whenever the word "state" shall appear in any statute adopted by reference in this Chapter 12A.09, the word "city" shall substitute, except in those circumstances that set forth administrative licensing duties of the state and its subdivisions.

F.

Whenever the term "prosecuting attorney" shall appear in any statute adopted by reference in this Chapter 12A.09, the term "City Attorney or an assistant City prosecutor" shall substitute, unless the context requires otherwise.

G.

When issuing a citation, order, or complaint for the violation of any section of the RCW adopted by this Chapter 12A.09, it shall be sufficient for a commissioned officer or prosecutor to cite to and refer to the RCW section number. After the effective date of the ordinance introduced as Council Bill 119589, any data, citation, order, or complaint that refers to Seattle Municipal Code sections repealed by Council Bill 119589 shall be interpreted as referring to the corresponding crime in Section 12A.09.020 unless the context otherwise requires.

H.

The provisions of this Chapter 12A.09 do not apply to or govern the construction of or punishment of any offense committed prior to the effective date of the ordinance introduced as Council Bill 119589 or to the construction and application of any defense to a prosecution for such offense. Such an offense shall be construed and punished according to the provisions of the law existing at the time of the commission of the offense in the same manner as if this Chapter 12A.09 did not exist.

I.

Violation of any provision of this Chapter 12A.09 shall be punishable under Section 12A.02.070.

(Ord. 125881, § 1, 2019.)

The following RCW sections as amended are adopted by reference:

7.105.010 - Definitions

7.105.450 - Enforcement and penalties - Other than antiharassment protection orders and extreme risk protection orders

7.105.455 - Enforcement and penalties - Antiharassment protection orders

7.105.460 - Enforcement and penalties - Extreme risk protection orders - False petitions

9.68A.090 - Communication with minor for immoral purposes - Penalties

9.94A.030's definition of "Domestic violence"

9.94A.835 - Special allegation - Sexual motivation - Procedures

9A.36.041 - Assault in the fourth degree

9A.46.020 - Definition - Penalties (Harassment)

9A.46.030 - Place where committed

9A.46.040 - Court-ordered requirements upon person charged with crime - Violation

9A.46.050 - Arraignment - No-contact order

9A.46.060 - Crimes included in harassment

9A.46.080 - Order restricting contact - Violation

9A.46.085 - Stalking no-contact orders - Appearance before magistrate required

9A.46.110 - Stalking

9A.50.010 - Definitions

9A.50.020 - Interference with health care facility

9A.50.030 - Penalty

9A.50.040(1) - Civil remedies

9A.50.050 - Civil damages

9A.50.060 - Informational picketing

9A.50.070 - Protection of health care patients and providers

9A.50.900 - Construction

9A.88.010 - Indecent exposure

9A.88.110 - Patronizing a prostitute

9A.88.130 - Additional requirements

10.99.010 - Intent

10.99.020 - Definitions

10.99.030 - Law Enforcement Officers - Training, powers, duties - Domestic violence reports

10.99.040 - Duties of court

10.99.050 - Victim contact - Restriction, prohibition - Violation, penalties - Written order - Procedures - Notice of change

10.99.055 - Enforcement of orders

10.99.100 - Sentencing - Factors - Defendant's criminal history

10.99.901 - Construction

26.44.063 - Temporary restraining order or preliminary injunction - Enforcement - Notice of modification or termination of restraining order

26.44.067 - Temporary restraining order or preliminary injunction - Contents - Notice - Noncompliance - Defense - Penalty

43.43.754's crime of refusal to provide DNA

46.04.1641 - Drifting

46.04.367 - Off-street facility

46.61.530 - Racing of vehicles on highways - Reckless driving - Exception

46.61.748 - Racing - Impoundment

69.50.101 - Definitions (except that cannabis is not included in the definition of "controlled substance")

69.50.204 - Schedule I (except that cannabis is not included)

69.50.206 - Schedule II

69.50.208 - Schedule III

69.50.210 - Schedule IV

69.50.212 - Schedule V

69.50.4013(1), (2), (7), and (8) as amended by 2E2SSB 5536 (68th Legislature, 2023 1st Special Session), Section 2 - Possession, use of controlled substance - Penalty - Referral to assessment and services - Possession of useable cannabis, cannabis concentrates, or cannabis-infused products - Delivery

69.50.4017 - Alternatives to prosecution - Pretrial diversion (except that these provisions apply to all misdemeanors and gross misdemeanors for public use and possession of a controlled substance)

69.50.4018 - Sentencing considerations (except that these provisions apply to all misdemeanors and gross misdemeanors for public use and possession of a controlled substance)

As used in this Title 12A, as well as in any citation, order, complaint, or charging documents, "sexual exploitation" means the crime of patronizing a prostitute as referred to in RCW 9A.88.110, and the crime of patronizing a prostitute as referred to in RCW 9A.88.110 and incorporated by reference in this Section 12A.09.020 may be known as "sexual exploitation" when charged in Seattle Municipal Court.

(Ord. 127056, § 8, 2024; Ord. 126896, § 2, 2023; Ord. 126691, § 18, 2022; Ord. 126650, § 1, 2022; Ord. 126623, § 1, 2022; Ord. 125881, § 1, 2019.)

A.

As used in this Section 12A.10.010:

1.

"Buyer" means a person who pays a fee or offers to pay a fee.

2.

"Commit prostitution" means to engage, agree, or offer to engage in sexual conduct with another person in exchange for a fee but does not include sexual conduct engaged in as part of any stage performance, play, or other entertainment open to the public.

3.

"Public place" is an area generally visible to public view 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 that serve food or drink, or provide entertainment, and the doorways and entrances to buildings or dwellings and the grounds enclosing them.

4.

"Seller" means a person who receives a fee or has been offered to receive a fee.

5.

"Sexual conduct" means sexual intercourse, applying its ordinary meaning, or "sexual contact," defined as any touching of the sexual or other intimate parts of a person done for the purpose of gratifying sexual desire of either party or a third party.

B.

A person is guilty of prostitution loitering if he or she remains in a public place and intentionally solicits, induces, entices, or procures another to commit prostitution.

C.

Among the circumstances that may be considered in determining whether the actor intends such prohibited conduct, are that he or she:

1.

Repeatedly beckons to, stops or attempts to stop, or engages passersby in conversation, indicative of soliciting for prostitution; or

2.

Repeatedly stops or attempts to stop motor vehicle operators by hailing, waving of arms or any other bodily gesture, indicative of soliciting for prostitution; or

3.

Circles an area in a motor vehicle and repeatedly beckons to, contacts, or attempts to stop pedestrians, indicative of soliciting for prostitution; or

4.

Repeatedly approaches a motor vehicle, leans into the vehicle and engages in conversation with the driver; or

5.

After being beckoned by a person soliciting an act of prostitution, circles the area in question, indicative of soliciting for prostitution; or

6.

Stops the motor vehicle in the traffic lane, or pulls over to the side of the road, or pulls around the corner on an adjacent street, or pulls into a parking lot and engages in conversation with those soliciting, inducing, or enticing an act of prostitution; or

7.

Inquires whether a potential patron, procurer, or prostitute is a police officer, searches for articles that would identify a police officer, or requests the touching or exposing of genitals or female breasts to prove that the person is not a police officer.

D.

A violation shall be based on a determination based on the particular circumstances of each case. The list of circumstances set forth in subsection 12A.10.010.C are not exclusive and no single circumstance, combination of circumstances, or absence thereof, is in itself determinative. The circumstances set forth in subsection 12A.10.010.C should be given particular weight if they occur in a known prostitution area or designated Stay Out of Area of Prostitution (SOAP) zone as established under Section 12A.11.010.

E.

Prostitution loitering is a misdemeanor.

F.

No person under the age of 18 may be arrested, charged, or convicted of prostitution loitering.

(Ord. 127086, § 1, 2024)

A.

A person is guilty of prostitution if he or she engages or agrees or offers to engage in sexual conduct with another person in return for a fee.

B.

It is an affirmative defense in any prosecution under this section that:

1.

the sexual conduct was engaged in as part of any stage performance, play, or other entertainment, open to members of the public; or

2.

the defendant committed the offense as a result of being a victim of trafficking, RCW 9A.40.100, promoting prostitution in the first degree, RCW 9A.88.070, or trafficking in persons under the trafficking victims protection act of 2000, 22 U.S.C. Sec. 7101 et seq. Documentation that the defendant is named as a current victim in an information or the investigative records upon which a conviction is obtained for trafficking, promoting prostitution in the first degree, or trafficking in persons shall create a presumption that the defendant's participation in prostitution was a result of having been a victim of trafficking, promoting prostitution in the first degree, or trafficking in persons.

C.

Prostitution is a misdemeanor.

D.

As authorized by Section 12A.04.100, liability for Prostitution does not require proof of any of the mental states described in Section 12A.04.030.

(Ord. 123944, § 3, 2012; Ord. 123395, § 7, 2010; Ord. 114635 § 5, 1989: Ord. 102843 § 12A.12.030, 1973.)

A.

A person is guilty of promoting loitering for the purpose of prostitution if, acting other than as a prostitute or as a customer thereof, engages in conduct with the intent to cause another to commit the crime of loitering for the purpose of prostitution. That intent is evidenced by acting in a manner and under circumstances that demonstrate the purpose of directing, supervising, recruiting, arranging for, enticing, or inducing another person to engage in loitering for the purpose of prostitution.

1.

Among the circumstances that may be considered in determining whether a person is engaging in conduct with the intent to cause another to commit the crime of loitering for the purpose of prostitution are that the person:

a.

Repeatedly, transports or delivers any person or persons to a known prostitution area or vicinity. This provision does not apply to public transit operators or commercial car ride operators; or

b.

In a known prostitution area or vicinity, repeatedly or continuously monitors or surveils a person or persons engaged in loitering for the purpose of prostitution.

B.

A violation shall be based on a determination based on the particular circumstances of each case. The list of circumstances set forth in subsection 12A.10.030.A are not exclusive and no single circumstance, combination of circumstances, or absence thereof, is in itself determinative. The circumstances set forth in subsection 12A.10.030.A should be given particular weight if they occur in a known prostitution area or designated Stay Out of Area of Prostitution (SOAP) zone as established under Section 12A.11.010.

C.

Promoting loitering for the purpose of prostitution is a gross misdemeanor.

D.

The Seattle Police Department (SPD) will review and modify as appropriate existing investigation policies governing prostitution-related crime. SPD will train its officers on any new or modified policy.

(Ord. 127086, § 2, 2024)

A.

The provisions of this Section 12A.10.040 apply to enforcement of Sections 12A.10.010 and 12A.10.020.

B.

Policy and protocol. The Seattle Police Department (SPD) will adopt policies governing arrests for the crimes described in subsection 12A.10.040.A and develop protocols for working with commercially sexually exploited individuals based on trauma-informed best practices. These new policies will seek to: (1) minimize harm caused by the criminal legal system to survivors of commercial sexual exploitation who are arrested for prostitution loitering or prostitution; (2) recognize the individual and societal harms caused by commercial sexual exploitation; and (3) implement best practices for interacting with victims of commercial sexual exploitation/sex trafficking. It is the intent of this Section 12A.10.040 that the policies state that:

1.

For the crimes of prostitution loitering (as applicable to a seller) and prostitution, diversion, referral to social services, safe house placement, substance use treatment, and other alternatives to booking is the preferred disposition; and

2.

A lack of diversion opportunities shall not be a reason for arrest for prostitution loitering (as applicable to a seller) or prostitution.

C.

Training. SPD will train its officers on these new policies and protocols and shall conduct mandatory trainings on best practices for interacting with victims of commercial sexual exploitation/sex trafficking. Trainings will be developed in consultation with direct service provider groups among others who work with commercially sexually exploited individuals and, to the extent possible, should be conducted with the participation and involvement of survivors of commercial sexual exploitation. SPD should endeavor to develop such trainings by April 30, 2025 and to have trained by October 1, 2025 all officers who respond within the Stay Out of Area of Prostitution (SOAP) Zone 1. SPD should endeavor to have trained by January 1, 2026 all officers who respond to crimes that may involve commercial sexual exploitation/sex trafficking.

D.

Body-worn videos. When officers interact with individuals allegedly committing the crimes described in subsection 12A.10.040.A, officers shall comply with SPD policies and procedures for body-worn video cameras and/or other equipment intended to record officer interactions with the public unless working as an undercover decoy.

E.

Diversion. To minimize harm caused by the criminal legal system to survivors of commercial sexual exploitation, diversion, referral to social services, safe house placement, and other alternatives to booking are the preferred disposition when enforcing Sections 12A.10.010 and 12A.10.020.

1.

SPD policies adopted under subsection 12A.10.040.A will contain guidance on diversion.

2.

SPD shall collect, and report to the City Council Public Safety Committee or its successor committee, data that identifies the racial composition of those:

a.

Arrested and diverted to community-based services prior to jail booking or referral for prosecution; and

b.

Booked and referred for prosecution.

3.

In reporting the data described in this Section 12A.10.040, SPD shall identify any racial disparities using methods that accord with evidence-based practices.

4.

SPD shall collect the age and residency of every individual approached and/or arrested for either prostitution loitering as a seller or prostitution.

F.

At least biennially, the Seattle Police Department, with input from the City Attorney's Office, shall make a presentation to the City Council Public Safety Committee, or successor committee, that re-evaluates each SOAP zone and makes a recommendation for its continuance with existing borders, for its continuance with adjusted borders, or for its discontinuation as a SOAP zone. Such recommendations shall have basis in the factors set forth in subsection 12A.10.040.E (City annual reporting and recommendations), in addition to other relevant data collected by the Seattle Police Department and City Attorney's Office, including quarterly crime trends (1) within each SOAP zone and (2) in the several blocks surrounding each SOAP zone compared to the same trends citywide.

G.

City annual reporting and recommendations. The Office of the Inspector General (OIG) and/or an independent, academically based research organization engaged by OIG shall review implementation of this Section 12A.10.040. A preliminary report shall be provided to the Council by June 30, 2026. The following data, or an explanation of why the data is unavailable, and written recommendations shall be provided by the OIG to the Council by December 31, 2026, and at least annually by December 31 until 2030:

1.

The number of 911 calls about prostitution loitering on a quarterly basis (including baseline years of 2019-2023 and the first half of 2024);

2.

The number of documented contacts between police officers, including community service officers, and individuals encountered during enforcement of the crimes described in subsection 12A.10.040.A;

3.

The number of attempts by police officers, including community service officers, to contact and coordinate efforts for diversion, referral to social services, safe house placement, and other alternatives to booking as described in subsection 12A.10.040.D;

4.

Data describing the number of individuals who were referred to diversion services, broken out by type of service and provider;

5.

The numbers of each type of arrests for the crimes described in subsection 12A.10.040.A, with arrests for prostitution loitering as a buyer disaggregated from arrests for prostitution loitering as a seller;

6.

The number of individuals transported for booking at jail and of that number: the name of the jail, the number of individuals who are booked into jail, the number of individuals the jail did not accept, the number of individuals transported to a medical facility;

7.

The number of individuals released without booking into jail or being transported to a medical facility;

8.

The number of individuals administratively booked;

9.

The number of prostitution and prostitution loitering cases referred to the City Attorney's Office for prosecution, with referrals for prostitution loitering as a buyer disaggregated from referrals for prostitution loitering as a seller;

10.

The number of referred cases dismissed before or during trial, including pre-filing diversion, with dismissals of cases for prostitution loitering as a buyer disaggregated from dismissals of cases for prostitution loitering as a seller;

11.

The reasons for dismissal of referred cases;

12.

The results of any interviews of SPD personnel with experience in the field implementing this Section 12A.10.040 and their suggestions, if any, for improving the law or related policies; and

13.

Any other information deemed by OIG as helpful for the purpose of review required by this subsection 12A.10.040.E or providing written recommendations. OIG will work with SPD to determine reporting requirements and periodicity.

H.

Based on officer availability, location, and deployment limitations, SPD shall seek to prioritize use of officers who have received mandatory training on interacting with victims of commercial sexual exploitation when enforcing the crimes described in subsection 12A.10.040.A.

I.

This Section 12A.10.040 is enacted as an exercise of the police power of the City of Seattle to protect the public peace, health, safety, and welfare, and its provisions shall be liberally construed to accomplish those purposes. The express purpose of this legislation is to promote the health, safety, and welfare of the general public, and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefitted by the terms of this legislation. The specific intent of this legislation is to provide guidance to police officers enforcing the crimes described in subsection 12A.10.040.A of the Seattle Municipal Code and increase public safety. No provision or term used in this legislation is intended to impose any duty whatsoever on the City, or any of its officers or employees.

(Ord. 127086, § 3, 2024)

In any prosecution for prostitution or sexual exploitation, the sex of the two parties or prospective parties to the sexual conduct engaged in, contemplated or solicited is immaterial, and it is no defense that:

A.

Such persons were of the same sex; or

B.

The person who received, agreed to receive or solicited a fee was male and the person who paid or agreed or offered to pay such fee was female.

(Ord. 124684, § 10, 2015; Ord. 102843 § 12A.12.085, 1973.)

A.

A person is guilty of permitting prostitution if, having possession or control of premises which he or she knows are being used for prostitution purposes, he or she fails to make reasonable effort to halt or abate such use.

B.

Permitting prostitution is a misdemeanor.

(Ord. 114635 § 7, 1989: Ord. 102843 § 12A.12.110, 1973.)

A.

1.

In addition to penalties set forth in Section 12A.10.020 and RCW 9A.88.010 under Section 12A.09.020, a person who is either convicted or given a deferred sentence or a deferred prosecution or who has entered into a statutory or nonstatutory diversion agreement as a result of an arrest for violating Section 12A.10.020 or 12A.10.130 shall be assessed a fee of $50.

2.

In addition to penalties set forth in RCW 9A.88.110 under Section 12A.09.020, a person who is either convicted or given a deferred sentence or a deferred prosecution or who has entered into a statutory or nonstatutory diversion agreement as a result of an arrest for violating RCW 9A.88.110 under Section 12A.09.020 shall be assessed a fee of $1500 if the person has no prior convictions, deferred sentences, deferred prosecutions or statutory or nonstatutory diversion agreements for this offense, $2500 if the person has one prior conviction, deferred sentence, deferred prosecution, or statutory or nonstatutory diversion agreement for this offense and $5000 if the person has two or more prior convictions, deferred sentences, deferred prosecutions, or statutory or nonstatutory diversion agreements for this offense.

3.

In addition to penalties set forth in Section 12A.10.060, a person who is either convicted or given a deferred sentence or a deferred prosecution or who has entered into a statutory or nonstatutory diversion agreement as a result of an arrest for violating Section 12A.10.060 shall be assessed a fee in the amount of $1500 if the person has no prior convictions, deferred sentences, deferred prosecutions, or statutory or nonstatutory diversion agreements for this offense, $2500 if the person has one (1) prior conviction, deferred sentence, deferred prosecution or statutory or nonstatutory diversion agreement for this offense and Five Thousand Dollars ($5000.00) if the person has two or more prior convictions, deferred sentences, deferred prosecutions, or statutory or nonstatutory diversion agreements for this offense.

B.

A person who is charged with a violation of Section 12A.10.060, or RCW 9A.88.110 under Section 12A.09.020, and who enters into a statutory or nonstatutory diversion agreement shall be assessed, as a part that agreement, a fee of $1,000.

C.

The court shall not reduce, waive, or suspend payment of all or part of the assessed fee in subsection A of this section unless it finds, on the record, that the offender does not have the ability to pay the fee, in which case it may reduce the fee by an amount up to two-thirds of the maximum allowable fee. The court may suspend payment of all or part of the fees required by subsection B of this section only if the person presents documentary evidence, such as a tax return, wage receipts or bank statements, showing that the person's annual income before taxes is less than the most recent United States Department of Health and Human Services poverty guidelines for the 48 contiguous states and the District of Columbia.

D.

Any defendant who is convicted of, or enters into a statutory or nonstatutory diversion agreement for, a prostitution-related offense shall forfeit any monies tendered as part of the offense.

E.

The fee assessed and collected under subsection 12A.10.070.A shall be collected by the clerk of the court and remitted and subject to the use and distribution conditions of RCW 9A.88.120(4). Any fee assessed under subsection 12A.10.070.B and the portion of any fine imposed upon a defendant convicted of a violation of Section 12A.10.020 or 12A.10.060, or RCW 9A.88.110 under Section 12A.09.020, that is retained by the City shall be collected by the clerk of the court or the Director of Probation Services and shall be deposited in the Sex Industry Victims Fund. Monies forfeited under subsection 12A.10.070.D shall be deposited in the Vice Enforcement/Money Laundering Forfeiture Account.

F.

For the purposes of this section and Section 12A.10.115:

1.

"Statutory or nonstatutory diversion agreement" means any written agreement between a person accused of an offense listed in subsection A of this section and a court, or city prosecutor, or designee thereof, whereby the person agrees to fulfill certain conditions in lieu of prosecution.

2.

"Deferred sentence" means a sentence that will not be carried out if the defendant meets certain requirements, such as complying with the conditions of probation.

(Ord. 126099, § 2, 2020; Ord. 125881, § 13, 2019; Ord. 124301, § 17, 2013; Ord. 123944, § 5, 2012; Ord. 123395, § 11, 2010; Ord. 123191, § 7, 2009; Ord. 122800, § 1, 2008; Ord. 120907, § 2, 2002; Ord. 118106, § 2, 1996.)

A.

As used in this Section 12A.10.080, a "body studio" is any premises, other than a massage parlor, reducing salon, or public bathhouse as defined in the License Code and licensed as such, upon which is furnished for a fee or charge or other like consideration the opportunity to paint, massage, feel, handle, or touch the unclothed body or an unclothed portion of the body of another person, or to be so painted, massaged, felt, handled, or touched by another person, or to observe, view or photograph any such activity, and shall include any such premises which is advertised or represented in any manner whatsoever as a "body painting studio," "model studio," "sensitivity awareness studio," or any other expression or characterization that conveys the same or similar meaning and which leads to the reasonable belief that there will be furnished on such premises for a fee or charge or other like consideration the opportunity to paint, massage, feel, handle, or touch the unclothed body or an unclothed portion of the body of another person, or to be so painted, massaged, felt, handled, or touched by another person, or to observe, view, or photograph any such activity.

B.

It is unlawful for any person to operate, conduct, or maintain a body studio, or to knowingly conduct any business related thereto on the premises of a body studio, or to knowingly be employed on such premises.

(Ord. 104485, § 1, 1975; Ord. 104312, § 1, 1975 [added § 12A.12.160 to Ord. 102843, 1973].)

Reviser's note—Ordinance 125254 repealed Chapter 6.36, which contained the definitions referred to in A.

A.

Definitions. As used in this section:

1.

"Erotic material" means any pictorial or three (3) dimensional material depicting human sexual intercourse, masturbation, sodomy (i.e., bestiality or oral or anal intercourse), direct physical stimulation of unclothed genitals, flagellation or torture in the context of sexual relationship, or emphasizing the depiction of adult human genitals; provided, however, that works of art or of anthropological significance shall not be deemed to be within the foregoing definition. In determining whether material is prohibited for public display by this section such material shall be judged without regard to any covering which may be affixed or printed over the material in order to obscure genital areas in a depiction otherwise falling within the definition of this subsection.

2.

Material is placed upon "public display" if it is placed by the defendant on or in a billboard, viewing screen, theater marquee, newsstand, display rack, window, showcase, display case or similar place so that matter bringing it within the definition of subsection 1 of this subsection is easily visible from a public thoroughfare or from the property of others.

B.

Offense Defined. A person is guilty of displaying erotic material if he knowingly places such material upon public display, or if he knowingly fails to take prompt action to remove such a display from property in his possession after learning of its existence.

(Ord. 102843 § 12A.12.180, 1973.)

A.

A person is guilty of urinating in public if he or she intentionally urinates or defecates in a public place, other than a washroom or toilet room, under circumstances where such act could be observed by any member of the public.

B.

"Public place" as used in this Section 12A.10.100 means an area generally visible to public view 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 that serve food or drink, or provide entertainment, and the doorways and entrances to buildings or dwellings and the grounds enclosing them.

C.

Except as provided in subsection D, any person who violates this Section 12A.10.100 shall be guilty of a violation as defined in Section 12A.02.080.

D.

Any person who violates this section and previously has either violated this section or has failed to appear as directed when served with a citation and notice to appear for a violation of this section is guilty of a misdemeanor.

(Ord. 126099, § 3, 2020; Ord. 116896, § 1, 1993; Ord. 109674, § 10, 1981; Ord. 108867, § 1, 1980; Ord. 108814, § 9, 1980; Ord. 102843, § 12A.12.140, 1973.)

A.

The Human Services Department shall cause to be conducted counseling for all persons convicted of, or entering a non-conviction disposition for, prostitution or sexual exploitation under this chapter. Such counseling shall be based on best practices for peer counseling for individuals charged with prostitution and prostitution awareness for those charged with sexual exploitation. Counseling will at a minimum provide education about the risks from prostitution of sexually transmitted diseases, including HIV, the risks of victimization amongst prostitutes, and the consequences of drug injection. The term non-conviction disposition is a pretrial diversion or any agreement to continue the case for dismissal or amendment of the charge upon successful completion of certain conditions.

B.

Such counseling shall be conducted and successfully completed as soon as possible after disposition, and shall be so ordered by the sentencing judge or judge approving the non-conviction disposition.

C.

All persons ordered to complete such counseling as a result of a conviction or non-conviction disposition of sexual exploitation charge shall also be responsible for the cost of the counseling. Effective in 2009, the amount of the charge is set at $150. This charge is based upon the anticipated cost of the counseling program and the number of individuals who are likely to receive and pay for the counseling in each calendar year. This base fee will increase annually beginning in 2010 consistent with the rate of increase in the Seattle-Tacoma CPI, rounded to the nearest $0.50. Every three years, the Director of the Human Services Department may recommend a further change of the fee based upon evaluation of program costs and revenues. Funds collected pursuant to this subsection shall be collected by the Seattle Municipal Court and deposited in the General Fund; and an appropriation equal to the program costs as projected in the current year adopted budget shall be made annually for the purpose of funding the counseling program.

D.

In the event that the defendant has been determined to be eligible for public defense services, the Court shall waive the fee imposed by this section.

(Ord. 125492, § 4, 2017; Ord. 124684, § 11, 2015; Ord. 122939, § 1, 2009; Ord. 117074, § 1, 1994.)

A.

An officer arresting a person for sexual exploitation may impound the arrested person's motor vehicle if:

1.

The motor vehicle was used in the commission of the crime; and

2.

The arrested person is a registered owner of the motor vehicle or it is a rental vehicle as defined in RCW 46.04.465.

B.

An impoundment under this section shall be in accordance with Chapter 11.30 and RCW Chapter 46.55. The written form of authorization to impound must specify this section as the police department's authorization to impound. The written form of authorization must also include information relevant to the impoundment, such as the date, time and place of the incident, the name and serial number of the officers involved, the name, address and description of the arrested person, the description and vehicle information of the motor vehicle used in the commission of the crime and the particulars of the incident, any of which information may be satisfied by reference to a police incident report. The impoundment order must clearly state "prostitution hold."

C.

In order to redeem an impounded vehicle, the owner must pay, in addition to all applicable impoundment, towing and storage fees to the towing company, a fee of Five Hundred dollars ($500.00) to the police department, which shall and issue to the owner of the vehicle a written receipt, and a fee of Five Hundred dollars ($500.00) to the police department, which shall deposit this fee in the Sex Industry Victims' Fund and issue to the owner a written receipt. The towing company shall release the impounded vehicle to the owner upon presentation of these receipts and payment of all applicable impoundment, towing and storage charges. A towing company that releases an impounded vehicle in reliance on a forged receipt or receipts is not liable to the police department for any corresponding unpaid fee under this subsection.

D.

A claimant who substantially prevails in a proceeding under Chapter 11.30 or RCW Chapter 46.55 to contest the validity of an impoundment under this section is entitled to a full refund of any impoundment, towing and storage charges and the fees under subsection 12A.10.115.C for which he or she provides proof of payment. A person whose vehicle was impounded under subsection 12A.10.115.A is entitled to a full refund of any impoundment, towing and storage charges and the fees under subsection 12A.10.115.C for which he or she provides proof of payment if either a charge of sexual exploitation based on the arrest that resulted in the impoundment is not filed within 60 days of the impoundment or the charge of sexual exploitation based on the arrest that resulted in the impoundment is dismissed, other than based on a deferred prosecution, a deferred sentence, a statutory or non-statutory diversion agreement or RCW Chapter 10.77. Any refund under this subsection shall be paid by the police department.

(Ord. 124684, § 12, 2015; Ord. 124301, § 16, 2013; Ord. 123191, § 5, 2009.)

A.

As used in this Section 12A.10.120:

1.

"Intimate areas" means any portion of a person's body or undergarments that are covered by clothing and intended to be protected from public view.

2.

"Photographs" or "films" means the making of a photograph, motion picture film, videotape, digital image, or any other recording or transmission of the image of a person.

3.

"Public place" means an area generally open to the public, regardless of whether it is privately owned, and includes, but is not limited to, streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, transit stations, monorail trains, buses, commuter trains, shelters, tunnels, and buildings, including stores and restaurants.

4.

"Circumstances where the person has a reasonable expectation of privacy" includes circumstances where one may reasonably expect to be safe from casual or hostile intrusion or surveillance.

5.

"Surveillance" means secret observation of the activities of another person for the purpose of spying upon and invading the privacy of the person.

B.

A person is guilty of voyeurism in a public place if he or she intentionally photographs or films the intimate areas of another person without that person's knowledge and consent and under circumstances where the person has a reasonable expectation of privacy while that person is in a public place.

C.

Voyeurism in a public place is a gross misdemeanor. In addition to any penalties the court may impose, the court may order the destruction of any recording made in violation of this Section 12A.10.120.

(Ord. 125052, § 1, 2016; Ord. 121071, § 1, 2003; Ord. 121026, § 1, 2002.)

A.

A person commits the crime of disclosing intimate images when the person knowingly discloses an intimate image of another person and the person disclosing the image:

1.

Obtained it under circumstances in which a reasonable person would know or understand that the image was to remain private;

2.

Knows or should have known that the depicted person has not consented to the disclosure; and

3.

Knows or reasonably should know that disclosure would cause harm to the depicted person.

B.

This Section 12A.10.150 does not apply to:

1.

Images involving voluntary exposure in public or commercial settings; or

2.

Disclosures made in the public interest including, but not limited to, the reporting of unlawful conduct, or the lawful and common practices of law enforcement, criminal reporting, legal proceedings, or medical treatment.

C.

This Section 12A.10.150 does not impose liability upon the following entities solely as a result of content provided by another person:

1.

An interactive computer service, as defined in 47 U.S.C. Section 230(f)(2);

2.

A mobile telecommunications service provider, as defined in RCW 82.04.065; or

3.

A telecommunications network or broadband provider.

D.

It shall be an affirmative defense to a violation of this Section 12A.10.150, which the defendant must prove by a preponderance of the evidence, that the defendant is a family member of a minor and did not intend any harm or harassment in disclosing the images of the minor to other family members or friends of the defendant. This affirmative defense shall not apply to matters defined under RCW 9.68A.011.

E.

For purposes of this Section 12A.10.150:

"Disclosing" includes transferring, publishing, or disseminating, as well as making a digital depiction available for distribution or downloading through the facilities of a telecommunications network or through any other means of transferring computer programs or data to a computer;

"Intimate image" means any photograph, motion picture film, videotape, digital image, or any other recording or transmission of another person who is identifiable from the image itself or from information displayed with or otherwise connected to the image, and that was taken in a private setting, is not a matter of public concern, and depicts:

a.

Sexual activity, including sexual conduct as defined in Section 12A.02.150; or

b.

A person's intimate body parts, whether nude or visible through less than opaque clothing, including the genitals, pubic area, anus, or post-pubescent female nipple.

F.

Nothing in this section is construed to:

1.

Alter or negate any rights, obligations, or immunities of an interactive service provider under 47 U.S.C. Section 230; or

2.

Limit or preclude a plaintiff from securing or recovering any other available remedy.

(Ord. 125254, § 7, 2017; Ord. 124949, § 5, 2015.)

A.

It is unlawful for the owner, proprietor, manager, or such person in charge of any massage business or reflexology business, with knowledge or criminal negligence, to allow or permit the unlicensed practice of massage therapy or reflexology to be committed within the massage business or reflexology business.

B.

A first violation of subsection 12A.10.160.A is a misdemeanor and a second or subsequent violation, whether alleged in the same or in subsequent prosecution, is a gross misdemeanor.

C.

For purposes of subsection 12A.10.160.A, the following definitions apply:

"Massage" and "massage therapy" mean a health care service involving the external manipulation or pressure of soft tissue for therapeutic purposes. Massage therapy includes techniques such as tapping, compressions, friction, reflexology, Swedish gymnastics or movements, gliding, kneading, shaking, and fascial or connective tissue stretching, with or without the aids of superficial heat, cold, water, lubricants, or salts. Massage therapy does not include diagnosis or attempts to adjust or manipulate any articulations of the body or spine or mobilization of these articulations by the use of a thrusting force, nor does it include genital manipulation.

"Massage business" means the operation of a business where massages are given.

"Reflexology" means a health care service that is limited to applying alternating pressure with thumb and finger techniques to reflexive areas of the lower one-third of the extremities, feet, hands, and outer ears based on reflex maps. Reflexology does not include the diagnosis of or treatment for specific diseases, or joint manipulations.

"Reflexology business" means the operation of a business where reflexology services are provided.

(Ord. 125254, § 8, 2017.)

As used in this Chapter 12A.11:

"Prohibited area" means, for a court order issued under this Chapter 12A.11, an area in which a defendant has been directed to not enter.

"SOAP" means Stay Out of Area of Prostitution.

"SOAP order" means a court order issued under this Chapter 12A.11 that specifically orders, as a condition of pretrial release and/or condition of sentence, that the defendant stay out of one or more SOAP zones.

"SOAP zone" means a zone established under this Chapter 12A.11 due to a high level of illegal prostitution in that area and/or criminal activity with a nexus to prostitution as identified in subsection 12A.11.020.B.

(Ord. 127086, § 4, 2024)

A.

A judge or judge pro tempore of the Seattle Municipal Court may issue a SOAP order to anyone charged with, or convicted of, any violation of prostitution-related crimes under Sections 12A.10.010 (as applicable to a buyer), 12A.10.030, or 12A.10.060 or RCW 9A.88.110 (adopted by reference in 12A.09.020) occurring in a designated SOAP zone, either as a condition of pretrial release pursuant to CrRLJ 3.2 or as a condition of sentence.

B.

A judge or judge pro tempore of the Seattle Municipal Court may also issue a SOAP order to anyone charged with, or convicted of, a crime occurring in a designated SOAP zone in which the court finds a nexus between the offense and prostitution-related crimes under Sections 12A.10.010, 12A.10.020, 12A.10.030, or 12A10.060 or RCW 9A.88.110 (adopted by reference in 12A.09.020) either as a condition of pretrial release pursuant to CrRLJ 3.2 or as a condition of sentence.

C.

Any SOAP order shall describe the prohibited SOAP zone determined by the court and shall conspicuously state: "WARNING: Violation of this order is a gross misdemeanor subject to a maximum penalty of 364 days in jail and/or a $5,000 fine. A person found in violation of this order is subject to arrest under Seattle Municipal Code Chapter 12A.11."

D.

Nothing in this Section 12A.11.020 shall be construed as precluding the court from issuing an order under this Chapter 12A.11 that is not specifically a SOAP order.

(Ord. 127086, § 4, 2024)

A.

If a police officer has probable cause to believe that a person is subject to an order issued under this Chapter 12A.11, and that a willful violation of that order is occurring in the officer's presence, the officer may arrest that person without a warrant or other process.

B.

A person who knowingly violates the terms of a SOAP order by entering a prohibited area when the order is in effect is guilty of a gross misdemeanor.

C.

Nothing in any provision of this Chapter 12A.11 related to SOAP orders shall prohibit a person from transiting through a SOAP zone on public transportation, as long as the person does not enter or exit the public transportation in the SOAP zone except for the purposes set forth in subsection 12A.11.030.D.

D.

Nothing in any provision of this Chapter 12A.11 related to SOAP orders shall be construed as prohibiting a person subject to a SOAP order from participating in a scheduled court hearing, attending a scheduled meeting with legal counsel within a prohibited area, or attending a court-ordered services appointment during standard business hours within the prohibited area.

(Ord. 127086, § 4, 2024)

A.

Upon request for modification or termination of any order issued under this Chapter 12A.11, the court shall consider the requested modification or termination by allowing for a process by which the person subject to the order can provide relevant testimony and other evidence in support of the request.

B.

Unless otherwise ordered by the court, a SOAP order issued under this Chapter 12A.11 as a condition of sentence shall terminate two years from the date of issuance. SOAP orders issued as pretrial conditions of release shall terminate upon dismissal of the criminal charge.

(Ord. 127086, § 4, 2024)

A.

SOAP zones may be created, modified, or terminated by ordinance.

B.

The geographic boundaries of SOAP zones shall be narrowly tailored to encompass areas of significant prostitution activity and/or criminal activity with a nexus to prostitution as identified in subsection 12A.11.010.B. Unless otherwise specified, SOAP zones shall include both sides of the streets, including sidewalks, that demarcate the geographic perimeter of a particular SOAP zone.

C.

This Chapter 12A.11 and the effect of its application shall be reviewed at least every two years by the City Council. For each year, the Seattle Police Department, with the assistance of the City Attorney's Office, shall publish a report no later than the end of the first quarter of the following year that provides the following information:

1.

How many SOAP orders were issued for each SOAP zone;

2.

How many arrests were made for violating the orders in each SOAP zone;

3.

Demographic information on those receiving orders and/or violating orders;

4.

Analysis of prostitution-related crimes in SOAP zones, including year-over-year statistics of each prostitution crime and whether dispersion of illegal prostitution occurred in surrounding areas.

This report shall be provided to the City Clerk and the City Council and published on the Seattle Police Department and City Attorney's Office websites.

D.

SOAP Zone 1

Due to high levels of significant prostitution activity and prostitution-related violent crime, SOAP Zone 1 (illustrated by Map A for 12A.11.050) is established as the area in north Seattle generally bordered on the north by N. 145th Street, on the south by N. 85th Street, on the east by Stone Avenue N., and on the west by Fremont Avenue N, including the area within the boundaries described below:

•

Beginning at the intersection of N 145th Street and Fremont Avenue N, proceed east along the centerline of N 145th Street to Stone Avenue N;

•

Proceed south along the east side of Stone Avenue N to N 137th Street;

•

Proceed east on N 137th Street to the northeast corner of parcel 1926049230;

•

Proceed south along the eastern boundary of parcel 1926049230;

•

Proceed west along the south boundary of parcel 1926049230 to the intersection of N 135th Street and Stone Avenue N;

•

Proceed south along the east side of Stone Avenue N to N 125th Street;

•

Proceed south along the east side of the Stone Avenue N right-of-way between N 125th Street and N 115th Street;

•

Proceed south from the east side of Stone Avenue N at N 115th Street across parcel 3026049021 to the east side of the Stone Avenue N right-of-way at N 110th Street;

•

Proceed south along the east side of Stone Avenue N to the north side of the intersection of Stone Avenue N with N 90th Street;

•

Proceed east along the north side of N 90th Street east to the east side of Stone Avenue N as it extends south of N 90th Street;

•

Proceed south along the east side of Stone Avenue N south to the south side of N 85th Street;

•

Proceed west along the south side of N 85th Street to the west side of Fremont Avenue N;

•

Proceed north along the west side of Fremont Avenue N to the north side of N 130th Street;

•

Proceed north along the west side of parcels 1926049336, 0832200000, 1926049347, and 083100TRCT;

•

Proceed west along the north side of parcel 083100TRCT to the west side of the alley located between North Park Avenue N and Wingard Court N;

•

Proceed north along the west side of the alley north to N 137th Street;

•

Proceed west along N 137th Street to the southwest corner of parcel 0164000299;

•

Proceed north along the west side of parcels 0164000299, 0164000291, and 0164000242 to the northwest corner of parcel 0164000242 where it meets N 138th Street ;

•

Proceed across N 138th Street to the southwest corner of parcel 1926049009;

•

Proceed north along the west side of parcel 1926049009 to the northwest corner of parcel 1926049009;

•

Proceed across N 143rd Street to the southeast corner of parcel 1926049310;

•

Proceed north along the east side of parcels 1926049310 and 1926049302;

•

Proceed west along the north side of parcel 1926049302 to the west side of the Fremont Avenue N; and

•

Proceed north along the west side of Fremont Avenue N to the intersection with N 145th Street.

Map A for 12A.11.050
SOAP Zone 1

(Ord. 127086, § 4, 2024)

A.

A person is guilty of disorderly conduct if he or she:

1.

Intentionally, maliciously, and unreasonably disrupts any assembly or meeting of persons and refuses or intentionally fails to cease such activity when ordered to do so by a police officer or by a person in charge of the assembly or meeting; or

2.

With the intent to annoy or alarm another person repeatedly uses fighting words or obscene language, thereby creating a substantial risk of assault.

B.

The following definition applies in this Section 12A.12.010: "Malice" or "maliciously" shall impart an evil intent, wish or design to vex, annoy, or injure another person. Malice may be inferred from an act done in willful 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 willful disregard of social duty. Malicious intent shall not be construed to mean the exercise of one's constitutional rights to picket, or to legally protest.

(Ord. 126691, § 19, 2022; Ord. 113697, § 2, 1987; Ord. 112333, § 2, 1985; Ord. 109674, § 11, 1981 [numbering update]; Ord. 108814, § 2, 1980; Ord. 102843, § 12A.16.020, 1973.)

A.

The following definitions apply in this Section 12A.12.015:

1.

"Aggressively beg" means to beg with the intent to intimidate another person into giving money or goods.

2.

"Intimidate" means to engage in conduct which would make a reasonable person fearful or feel compelled.

3.

"Beg" means to ask for money or goods as a charity, whether by words, bodily gestures, signs, or other means.

4.

"Obstruct pedestrian or vehicular traffic" means to walk, stand, sit, lie, or place an object in such a manner as to block passage by another person or a vehicle, or to require another person or a driver of a vehicle to take evasive action to avoid physical contact. Acts authorized as an exercise of one's constitutional right to picket or to legally protest, and acts authorized by a permit issued pursuant to Subtitle I of Title 15, shall not constitute obstruction of pedestrian or vehicular traffic.

5.

"Public place" means an area generally visible to public view and includes alleys, bridges, buildings, driveways, parking lots, parks, plazas, sidewalks and streets 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.

B.

A person is guilty of pedestrian interference if, in a public place, he or she intentionally:

1.

Obstructs pedestrian or vehicular traffic; or

2.

Aggressively begs.

C.

Pedestrian interference is a misdemeanor.

(Ord. 117104, § 1, 1994; Ord. 116897, § 1, 1993; Ord. 113697, § 1, 1987.)

A.

As used in subsection 12A.12.020.B, "public safety order" is an order issued by a peace officer designed and reasonably necessary to prevent or control a serious disorder, and promote the safety of persons or property. No such order shall apply to a news reporter or other person observing or recording the events on behalf of the public press or other news media, unless he is physically obstructing lawful efforts by such officer to disperse the group.

B.

A person is guilty of failure to disperse if:

1.

He congregates with a group of four or more other persons and there are acts of conduct within that group which create a substantial risk of causing injury to any person or substantial harm to property; and

2.

He refuses or intentionally fails to obey a public safety order to move, disperse or refrain from specified activities in the immediate vicinity.

(Ord. 102843, § 12A.16.040, 1973.)

A.

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.

B.

As used in this Section 12A.12.030 "school" has its ordinary meaning and also includes, universities, colleges, community colleges, and institutions of higher education.

(Ord. 102843, § 12A.16.060, 1973.)

A.

A person is guilty of disorderly bus conduct if while on or in a transit vehicle or in or at a transit station, he or she knowingly:

1.

Except while in or at an above-ground transit station and more than 25 feet away from any sign at that station designating the bus routes stopping at that station or while in or at an area designated and authorized for smoking by the transit authority, smokes or carries a lighted or smoldering pipe, cigar, or cigarette; or

2.

Discards litter other than in designated receptacles; or

3.

Plays any radio, recorder, or other sound producing or reproducing equipment, except that nothing herein shall prohibit the use of such equipment when connected to earphones or an ear receiver that limits the sound to an individual listener. The use of public address systems or music systems that are authorized by a transit agency is permitted. The use of communications devices by transit employees and designated contractors or public safety officers in the line of duty is permitted, as is the use of private communication devices used to summon, notify or communicate with other individuals, such as pagers and cellular phones; or

4.

Spits, expectorates, urinates, or defecates, except in appropriate plumbing fixtures in restroom facilities; or

5.

Carries, dumps, or discards any flammable or combustible liquid, explosive, acid, or other hazardous article, substance, or material in a manner that is likely to cause harm to others, except that nothing herein shall prevent a person from carrying a cigarette lighter, cigar lighter, or pipe lighter, or carrying a firearm or ammunition in a way that is not otherwise prohibited by law; or

6.

Unreasonably disturbs others by engaging in loud, raucous, or harassing behavior;

7.

Consumes liquor, as defined in Section 12A.24.010, or possesses an open bottle, can, or other receptacle containing liquor, unless authorized by the transit authority and required permits have been obtained;

8.

Obstructs or impedes the flow of transit vehicles or passenger traffic, hinders or prevents access to transit vehicles or stations, or otherwise unlawfully interferes with the provision or use of public transportation services;

9.

Destroys, defaces, or otherwise damages property in a transit vehicle or at a transit facility;

10.

Throws an object in a transit vehicle, at a transit facility or at any person at a transit facility with intent to do harm;

11.

Falsely claims to be a transit operator or other transit employee or through words, actions or the use of clothes, insignia, or equipment resembling department-issued uniforms and equipment creates a false impression that he or she is a transit operator or other transit employee;

12.

Engages in gambling or any game of chance for the winning of money or anything of value;

13.

Except while in or at an above-ground municipal transit station, skates on roller skates or in-line skates, or rides in or upon or by any means a coaster, skateboard, toy vehicle, or any similar device. However, a person may walk while wearing skates or carry a skateboard while on or in a transit vehicle or in or at a transit station if that conduct is not otherwise prohibited by law;

14.

Engages in other conduct that is inconsistent with the intended use and purpose of the transit facility, transit station or transit vehicle and refuses to obey the lawful commands of an agent of the transit authority or a peace officer to cease such conduct.

B.

As used in this Section 12A.12.040:

1.

"Transit station" or "transit facility" means all passenger facilities, structures, stops, shelters, bus zones, properties, and rights-of-way of all kinds that are owned, leased, held, or used by a transit authority for the purpose of providing public transportation services.

2.

"Transit vehicle" means any motor vehicle, street car, train, trolley vehicle, ferry boat, or any other device, vessel or vehicle that is owned or operated by a transit authority or an entity providing service on behalf of a transit authority that is used for the purpose of carrying passengers on a regular schedule.

3.

"Transit authority" means a city transit system under RCW 35.58.2721 or chapter 35.95A RCW, a county transportation authority under chapter 36.57 RCW, a metropolitan municipal corporation transit system under chapter 36.56 RCW, a public transportation benefit area under chapter 36.57A RCW, an unincorporated transportation benefit area under RCW 36.57.100, a regional transportation authority under chapter 81.112 RCW, or any special purpose district formed to operate a public transportation system.

C.

Disorderly bus conduct is a misdemeanor.

(Ord. 123191, § 8, 2009; Ord. 122267, § 1, 2006; Ord. 116872, § 10, 1993; Ord. 111860, § 7, 1984.)

A.

No person shall attend an unlawful race event. Attendance at an unlawful race event consists of:

1.

Actual or constructive knowledge of being in attendance of an unlawful race event;

2.

Actual or constructive knowledge that an unlawful race event is occurring;

3.

Intent to observe or support or encourage the unlawful race event; and,

4.

Failure to leave the area of an unlawful race event, if instructed to do so by peace officer.

B.

As used in this Section 12A.12.050, "unlawful race event" shall have the same meaning as defined in Seattle Municipal Code Section 11.58.440.

C.

Violation of this Section 12A.12.050 is a civil infraction, which shall be assessed a penalty of $100. The $100 penalty may not be waived or remitted.

(Ord. 127056, § 7, 2024.)

The following definitions apply in this Chapter 12A.14:

"Air gun" means any air pistol or air rifle designed to propel a BB, pellet or other projectile by the discharge of compressed air, carbon dioxide or other gas.

"Assemble" means to fit together component parts.

"Chako stick" means a device designed primarily as a weapon, consisting of two or more lengths of wood, metal, plastic, or similar substance connected by wire, rope, chain, or other means so as to allow free movement of a portion of the device while held in the hand and capable of being rotated in such a manner as to inflict injury upon a person by striking.

"Curio or relic" has the same meaning as provided in 27 C.F.R. § 478.11.

"Dangerous knife" means any fixed-blade knife and any other knife having a blade more than 3 1/2 inches in length.

"Distribute" means to give out, provide, make available, or deliver a firearm or large capacity magazine to any person in the City, with or without consideration, whether the distributor is in the City or outside of the City. "Distribute" includes, but is not limited to, filling orders placed in the City, online or otherwise. "Distribute" also includes causing a firearm or large capacity magazine to be delivered in the City.

"Federal firearms dealer" means a licensed dealer as defined in 18 U.S.C. § 921(a)(11).

"Federal firearms importer" means a licensed importer as defined in 18 U.S.C. § 921(a)(9).

"Federal firearms manufacturer" means a licensed manufacturer as defined in 18 U.S.C. § 921(a)(10).

"Firearm" means a weapon or device from which a projectile may be fired by an explosive such as gunpowder. "Firearm" does not include a flare gun or other pyrotechnic visual distress signaling device, or a powder-actuated tool or other device designed solely to be used for construction purposes.

"Fixed-blade knife" means any knife, regardless of blade length, with a blade which is permanently open and does not fold, retract, or slide into the handle of the knife, and includes any dagger, sword, bayonet, bolo knife, hatchet, axe, straight-edged razor, or razor blade not in a package, dispenser, or shaving appliance.

"Frame or receiver" means a part of a firearm that, when the complete firearm is assembled, is visible from the exterior and provides housing or a structure designed to hold or integrate one or more fire control components, even if pins or other attachments are required to connect the fire control components. Any such part identified with a serial number shall be presumed, absent an official determination by the bureau of alcohol, tobacco, firearms, and explosives or other reliable evidence to the contrary, to be a frame or receiver. For purposes of this definition, "fire control component" means a component necessary for the firearm to initiate, complete, or continue the firing sequence, including any of the following: hammer, bolt, bolt carrier, breechblock, cylinder, trigger mechanism, firing pin, striker, or slide rails.

"Import" means to move, transport, or receive an item from a place outside the territorial limits of the City to a place inside the territorial limits of the City. "Import" does not mean situations where an individual possesses a large capacity magazine when departing from, and returning to, the City so long as the individual is returning to the City in possession of the same large capacity magazine the individual transported out of the City.

"Large capacity magazine" means an ammunition feeding device with the capacity to accept more than ten rounds of ammunition, or any conversion kit, part, or combination of parts, from which such a device can be assembled if those parts are in possession of or under the control of the same person, but shall not be construed to include any of the following:

1.

An ammunition feeding device that has been permanently altered so that it cannot accommodate more than ten rounds of ammunition;

2.

A .22 caliber tube ammunition feeding device; or

3.

A tubular magazine that is contained in a lever-action firearm.

"Licensed collector" means a person who is federally licensed under 18 U.S.C. § 923(b).

"Licensed dealer" means a person who is federally licensed under 18 U.S.C. § 923(a).

"Manufacture" means, with respect to a firearm or large capacity magazine, the fabrication, making, formation, production or construction of a firearm or large capacity magazine, by manual labor or by machinery.

"Metal knuckles" means any device or instrument made wholly or partially of metal that is worn for purposes of offense or defense in or on the hand and that either protects the wearer's hand while striking a blow or increases the force of impact from the blow or injury to the person receiving the blow. The metal contained in the device may help support the hand or fist, provide a shield to protect it or consist of projections or studs which would contact the person receiving a blow.

"Person" means any individual, corporation, company, association, firm, partnership, club, organization, society, joint stock company, or other legal entity.

"Personal protection spray device" means a commercially available dispensing device designed and intended for use in self-defense and containing a nonlethal sternutator or lacrimator agent, including but not limited to:

A.

Tear gas, the active ingredient of which is either chloracetophenone (CN) or O-chlorobenzylidene malonotrile (CS); or

B.

Other agent commonly known as mace, pepper mace, or pepper gas.

"Pistol" means any firearm with a barrel less than 16 inches in length, or designed to be held and fired by the use of a single hand.

"Rifle" means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned, made or remade, and intended to use the energy of the explosive in a fixed metallic cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger.

"Sale" and "sell" mean the actual approval of the delivery of a firearm in consideration of payment or promise of payment.

"Slungshot" means a weight affixed or attached to a cord, chain or cloth.

"Switchblade knife" means any knife having a blade that opens automatically by hand pressure applied to a button, spring mechanism, or other device, or a blade that opens, falls or is ejected into position by force of gravity or by an outward, downward, or centrifugal thrust or movement, and includes what is commonly known as a "butterfly knife."

"Throwing star" means a multi-pointed metal object designed to embed upon impact from any aspect.

"Transfer" means the intended delivery of a firearm to another person without consideration of payment or promise of payment including, but not limited to, gifts and loans. "Transfer" does not include the delivery of a firearm owned or leased by an entity licensed or qualified to do business in the state of Washington to, or return of such a firearm by, any of that entity's employees or agents, defined to include volunteers participating in an honor guard, for lawful purposes in the ordinary course of business.

"Unfinished frame or receiver" means a frame or receiver that is partially complete, disassembled, or inoperable, that: (i) has reached a stage in manufacture where it may readily be completed, assembled, converted, or restored to a functional state; or (ii) is marketed or sold to the public to become or be used as the frame or receiver of a functional firearm once finished or completed, including without limitation products marketed or sold to the public as an 80 percent frame or receiver or unfinished frame or receiver.

For purposes of this definition:

1.

"Readily" means a process that is fairly or reasonably efficient, quick, and easy, but not necessarily the most efficient, speedy, or easy process. Factors relevant in making this determination, with no single one controlling, include the following:

a.

Time, i.e., how long it takes to finish the process;

b.

Ease, i.e., how difficult it is to do so;

c.

Expertise, i.e., what knowledge and skills are required;

d.

Equipment, i.e., what tools are required;

e.

Availability, i.e., whether additional parts are required, and how easily they can be obtained;

f.

Expense, i.e., how much it costs;

g.

Scope, i.e., the extent to which the subject of the process must be changed to finish it; and

h.

Feasibility, i.e., whether the process would damage or destroy the subject of the process, or cause it to malfunction.

2.

"Partially complete," as it modifies frame or receiver, means a forging, casting, printing, extrusion, machined body, or similar article that has reached a stage in manufacture where it is clearly identifiable as an unfinished component part of a firearm.

(Ord. 126691, § 20, 2022; Ord. 125345, § 5, 2017; Ord. 125254, § 9, 2017; Ord. 124684, § 14, 2015; Ord. 123395, § 9, 2010; Ord. 117157, § 2, 1994; Ord. 116872, § 11, 1993; Ord. 113547, § 1, 1987; Ord. 112103, § 1, 1985; Ord. 110785, § 1, 1982; Ord. 110462, § 1, 1982; Ord. 103472, § 1, 1974; Ord. 102843, § 12A.17.010, 1973.)

A person is guilty of aiming or discharging a firearm if he or she:

A.

willfully aims any firearm, whether loaded or unloaded, at or toward any human being;

B.

wilfully discharges a firearm in a place where there is a reasonable likelihood that humans, domestic animals or property will be jeopardized; or

C.

except as provided in RCW 9.41.185, knowingly sets a so-called trap, spring pistol, rifle or other dangerous weapon.

D.

Aiming or discharging a firearm is a gross misdemeanor.

(Ord. 124301, § 20, 2013)

A.

A person is guilty of unlawful use of weapons to intimidate another if he or she carries, exhibits, displays, or draws a firearm, dangerous knife, any knife with a blade that is open for use, other cutting or stabbing instrument or a weapon apparently capable of producing bodily harm in a manner, under circumstances, and at a time and place that either manifests an intent to intimidate another person or warrants alarm for the safety of other persons.

B.

Subsection 12A.14.075.A shall not apply to or affect the following:

1.

Any person who by virtue of his or her office or public employment is vested by law with a duty to preserve public safety, maintain public order, or make arrests for offenses, while in the performance of such duty;

2.

Any person acting for the purpose of protecting himself or herself against the use of presently threatened unlawful force by another, or for the purpose of protecting another against the use of presently threatened unlawful force by a third person;

3.

Any person making or assisting in making a lawful arrest for the commission of a felony;

4.

Any person engaged in military activities sponsored by the federal or state governments; or

5.

Any act committed by a person while in his or her place of abode or fixed place of business.

C.

A person convicted of unlawful use of weapons to intimidate another shall lose his or her concealed pistol license, if any, and the court shall send notice of the conviction to the Washington State Department of Licensing and the city, town, or county that issued the license.

(Ord. 124301, § 21, 2013; Ord. 119010, § 9, 1998; Ord. 117157, § 4, 1994; Ord. 113547, § 2, 1987; Ord. 110179, § 1, 1981.)

It is unlawful for a person to:

A.

Knowingly sell, manufacture, purchase, possess or carry any blackjack, sand-club, metal knuckles, switchblade knife, chako stick, slungshot, or throwing star; or

B.

Knowingly carry concealed or unconcealed on such person any dangerous knife, or carry concealed on such person any deadly weapon other than a firearm; or

C.

Knowingly possess a firearm in any stadium or convention center operated by a city, county, or other municipality, except that such restriction shall not apply to:

1.

Any pistol in the possession of a person licensed under RCW 9.41.070 or exempt from the licensing requirement by RCW 9.41.060, or

2.

Any showing, demonstration, or lecture involving the exhibition of firearms.

D.

Knowingly sell or give away to any person under 18 years of age any dangerous knife or deadly weapon other than a firearm, or for any person under 18 years of age to knowingly purchase any dangerous knife or deadly weapon other than a firearm, or for any person under 18 years of age to knowingly possess any dangerous knife or deadly weapon other than a firearm except when under the direct supervision of an adult.

E.

Knowingly use any contrivance or device for suppressing the noise of any firearm unless the suppressor is legally registered and possessed in accordance with federal law.

F.

Furtively carry with intent to conceal any pistol.

(Ord. 124949, § 6, 2015; Ord. 124684, § 15, 2015; Ord. 124301, § 22, 2013; Ord. 123395, § 10, 2010 [changed two plurals to singular]; Ord. 117157, § 5, 1994; Ord. 116872, § 14, 1993 [cross-reference correction, gender neutrality, and style update]; Ord. 113547, § 3, 1987; Ord. 110785, § 2, 1982; Ord. 110462, § 2, 1982; Ord. 110179, § 2, 1981; Ord. 109674, § 12, 1981; Ord. 108814, § 3, 1980; Ord. 102843, § 12A.17.140, 1973.)

A.

For purposes of this section, "deliver" means the actual, constructive or attempted transferring from one (1) person to another.

B.

It is unlawful for a person under eighteen (18) years old, unless the person is at least fourteen (14) years old and has the permission of a parent or guardian to do so, to purchase or possess a personal protection spray device.

C.

It is unlawful for a person to deliver a personal protection spray device to a person not authorized by this section to purchase or possess such a device.

D.

It is unlawful for a person under eighteen (18) years of age to deliver a personal protection spray device.

E.

Unlawful possession of a personal protection spray device is a misdemeanor. Unlawful delivery of a personal protection spray device is a misdemeanor.

(Ord. 117157, § 6, 1994.)

A.

It is unlawful to knowingly carry or shoot any spring gun, air gun, sling or slingshot in, upon or onto any public place.

B.

For purposes of this section, "public place" means an area generally open to the public, regardless of whether it is privately owned, and includes, but is not limited to, streets, sidewalks, bridges, alleys, plazas, parks, parking lots, transit stations, transit vehicles and buildings.

(Ord. 123191, § 9, 2009; Ord. 119010 § 10, 1998: Ord. 117569 § 123, 1995: Ord. 90047 § 42, 1961.)

The proscriptions of Section 12A.14.080 B relating to dangerous knives shall not apply to:

A.

A licensed hunter or licensed fisherman actively engaged in hunting and fishing activity including education and travel related thereto; or

B.

Any person immediately engaged in an activity related to a lawful occupation which commonly requires the use of such knife, provided such knife is carried unconcealed; provided further that a dangerous knife carried openly in a sheath suspended from the waist of the person is not concealed within the meaning of this subsection;

C.

Any person carrying such knife in a secure wrapper or in a tool box while traveling from the place of purchase, from or to a place of repair, or from or to such person's home or place of business, or in moving from one (1) place of abode or business to another, or while in such person's place of abode or fixed place of business.

(Ord. 113547 § 4, 1987; Ord. 109674, § 13, 1981; Ord. 108814 § 4(part), 1980: Ord. 108309 § 1(part), 1979; Ord. 108191, § 1, 1979; Ord. 102843 § 12A.17.160(2), 1973.)

Section 12A.14.080 A relating to chako sticks or throwing stars shall not apply to or affect regularly enrolled members of clubs and associations organized for the practice, instruction or demonstration of self-defense arts involving chako sticks or throwing stars while such members are at or are going to or from their place of residence, a practice session, an instruction session, a demonstration or a place of repair, or while such members are going from the place of purchase.

(Ord. 109674, § 13, 1981; Ord. 108814 § 4(part), 1980: Ord. 102843 § 12A.17.160(4), 1973.)

A person commits the crime of failure to register as a felony firearm offender if the person has a duty to register under Laws of 2013, chapter 183, section 4 and knowingly fails to comply with any of the requirements of that section.

(Ord. 124301, § 23, 2013)

A.

A person commits the crime of unlawful carrying of a pistol if he or she:

1.

carries a pistol concealed on his or her person, unless the person has a license to carry a concealed pistol or is carrying the pistol in the person's place of abode or fixed place of business;

2.

carries or places a loaded pistol in any vehicle, unless the person has a license to carry a concealed pistol and (a) the pistol is on the licensee's person, (b) the licensee is within the vehicle at all times that the pistol 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;

3.

is a person at least eighteen (18) years of age but less than twenty-one (21) years of age and possesses a pistol, unless the person is possessing the pistol in the person's place of abode, fixed place of business or on real property under the person's control or an exception under RCW 9.41.042 applies; or

4.

is a person at least eighteen (18) years of age possessing an unloaded pistol and leaves the unloaded pistol in a vehicle, unless the unloaded pistol is locked within the vehicle and concealed from view from outside the vehicle.

B.

Unlawful carrying of a pistol is a misdemeanor subject to the provisions of Chapters 12A.02 and 12A.04, except that absolute liability shall be imposed and none of the mental states described in Section 12A.04.030 need be proved.

C.

Every licensee shall have his or her concealed pistol license in his or her immediate possession at all times that he or she is required by this section to have a concealed pistol license and shall display the same upon demand to any police officer or to any other person when and if required by law to do so. Any violation of this subsection shall be a class 1 civil infraction under RCW Chapter 7.80.

D.

The provisions of this section do not apply to:

1.

Marshals, sheriffs, prison or jail wardens or their deputies, correctional personnel and community corrections officers as long as they are employed as such who have completed government-sponsored law enforcement firearms training and have been subject to a check through the national instant criminal background check system or an equivalent background check within the past five (5) years, or other law enforcement officers of this state or another state. Correctional personnel and community corrections officers seeking the waiver provided for by this section are required to pay for any background check that is needed in order to exercise the waiver;

2.

Members of the armed forces of the United States or of the national guard or organized reserves, when on duty;

3.

Officers or employees of the United States duly authorized to carry a concealed pistol;

4.

Any person engaged in the business of manufacturing, repairing, or dealing in firearms, or the agent or representative of the person, if possessing, using, or carrying a pistol in the usual or ordinary course of the business;

5.

Regularly enrolled members of any organization duly authorized to purchase or receive pistols from the United States or from this state;

6.

Regularly enrolled members of clubs organized for the purpose of target shooting, when those members are at or are going to or from their places of target practice;

7.

Regularly enrolled members of clubs organized for the purpose of modern and antique firearm collecting, when those members are at or are going to or from their collector's gun shows and exhibits;

8.

Any person engaging in a lawful outdoor recreational activity such as hunting, fishing, camping, hiking, or horseback riding, only if, considering all of the attendant circumstances, including but not limited to whether the person has a valid hunting or fishing license, it is reasonable to conclude that the person is participating in lawful outdoor activities or is traveling to or from a legitimate outdoor recreation area;

9.

Any person while carrying a pistol unloaded and in a closed opaque case or secure wrapper; or

10.

Law enforcement officers retired for service or physical disabilities, except for those law enforcement officers retired because of mental or stress-related disabilities. This subsection applies only to a retired officer who has: (a) Obtained documentation from a law enforcement agency within Washington state from which he or she retired that is signed by the agency's chief law enforcement officer and that states that the retired officer was retired for service or physical disability; and (b) not been convicted or found not guilty by reason of insanity of a crime making him or her ineligible for a concealed pistol license.

(Ord. 124301, § 24, 2013)

A.

A person is guilty of unlawful possession of a loaded rifle or shotgun in a motor vehicle if the person knowingly carries, transports, conveys, possesses, or controls a rifle or shotgun in a motor vehicle, as defined in section 11.14.360, except as allowed by Washington State Fish and Wildlife Department rule; and the rifle or shotgun contains shells or cartridges in the magazine or chamber, or is a muzzle-loading firearm that is loaded and capped or primed.

B.

A person is guilty of unlawful use of a loaded firearm if the person negligently discharges a firearm from, across, or along the maintained portion of a public highway; or discharges a firearm from within a moving motor vehicle.

C.

Unlawful possession of a loaded rifle or shotgun in a motor vehicle and unlawful use of a loaded firearm are misdemeanors.

D.

This section does not apply if the person:

1.

Is a law enforcement officer who is authorized to carry a firearm and is on duty within the officer's respective jurisdiction;

2.

Possesses a disabled hunter's permit as provided by RCW 77.32.237 and complies with all rules of the Washington State Fish and Wildlife Department concerning hunting by persons with disabilities; or

3.

Discharges the rifle or shotgun from upon a nonmoving motor vehicle as long as the engine is turned off and the motor vehicle is not parked on or beside the maintained portion of a public road, except as authorized by the Washington State Fish and Wildlife Commission by rule.

E.

For purposes of subsection A of this section, a rifle or shotgun shall not be considered loaded if the detachable clip or magazine is not inserted in or attached to the rifle or shotgun.

(Ord. 124301, § 25, 2013)

A.

It is unlawful for a person to knowingly carry onto, or to possess on, public or private elementary or secondary school premises, school-provided transportation, areas of facilities while being used exclusively by public or private schools, or areas of facilities while being used for official meetings of a school district board of directors:

1.

Any firearm or air gun;

2.

Any other dangerous weapon as described in subsection 12A.14.080.A;

3.

Any portable device manufactured to function as a weapon and which is commonly known as a stun gun, including a projectile stun gun which projects wired probes that are attached to the device that emit an electrical charge designed to administer to a person or an animal an electric shock, charge, or impulse; or

4.

Any device, object, or instrument which is used or intended to be used as a weapon with the intent to injure a person by an electric shock, charge, or impulse.

B.

Any person violating subsection 12A.14.160.A is guilty of a misdemeanor. A second or subsequent violation of subsection 12A.14.160.A, or a violation of subsection 12A.14.160.A after a previous violation of RCW 9.41.280(1), is a gross misdemeanor. Any person convicted of a violation of subsection 12A.14.160.A.1 shall have his or her concealed pistol license, if any, revoked for a period of three years and is prohibited from applying for a concealed pistol license for a period of three years. The court shall send notice of the revocation to the department of licensing, and the city, town, or county which issued the license.

C.

Subsection 12A.14.160.A does not apply to:

1.

Any student or employee of a private military academy when on the property of the academy;

2.

Any person engaged in military, law enforcement, or school district security activities. However, a person who is not a commissioned law enforcement officer and who provides school security services under the direction of a school administrator may not possess a device listed in subsection 12A.14.160.A.3 or 12A.14.160.A.4 unless he or she has successfully completed training in the use of such devices that is equivalent to the training received by commissioned law enforcement officers;

3.

Any person who is involved in a convention, showing, demonstration, lecture, or firearms safety course authorized by school authorities in which the firearms of collectors or instructors are handled or displayed;

4.

Any person while the person is participating in a firearms or air gun competition approved by the school or school district;

5.

Any person in possession of a pistol who has been issued a license under RCW 9.41.070, or is exempt from the licensing requirement by RCW 9.41.060, while picking up or dropping off a student or attending official meetings of a school district board of directors held off school district-owned or leased property;

6.

Any nonstudent at least 18 years of age legally in possession of a firearm or dangerous weapon that is secured within an attended vehicle or concealed from view within a locked unattended vehicle while conducting legitimate business at the school;

7.

Any nonstudent at least 18 years of age who is in lawful possession of an unloaded firearm, secured in a vehicle while conducting legitimate business at the school; or

8.

Any law enforcement officer of the federal, state, or local government agency.

D.

Subsection 12A.14.160.A.2 does not apply to any person who possesses a chako stick, throwing star, or other dangerous weapons to be used in martial arts classes authorized to be conducted on the school premises. Subsection 12A.14.160.A does not apply to any person who possesses a device listed in subsection 12A.14.160.A.3 if the device is possessed and used solely for the purpose approved by a school for use in a school authorized event, lecture, or activity conducted on the school premises.

E.

Except as provided in subsection 12A.14.160.C.2, 12A.14.160.C.3, 12A.14.160.C.6, and 12A.14.160.C.8, firearms are not permitted in a public or private school building.

F.

"GUN-FREE ZONE" signs shall be posted around school facilities giving warning of the prohibition of the possession of firearms on school grounds.

G.

A school district board of directors must post signs providing notice of the restrictions on possession of firearms and other weapons under this Section 12A.14.160 at facilities being used for official meetings of the school district board of directors.

(Ord. 126691, § 21, 2022; Ord. 125254, § 10, 2017; Ord. 124301, § 26, 2013)

A.

It is unlawful for any person to enter the following places when he or she knowingly possesses or knowingly has under his or her control a weapon:

1.

The restricted access areas of a jail, or of a law enforcement facility, or any place used for the confinement of a person (a) arrested for, charged with, or convicted of an offense, (b) held for extradition or as a material witness, or (c) otherwise confined pursuant to an order of a court, except an order under RCW Chapter 13.32A or 13.34. Restricted access areas do not include common areas of egress or ingress open to the general public;

2.

Those areas in any building which are used in connection with court proceedings, including courtrooms, jury rooms, judge's chambers, offices and areas used to conduct court business, waiting areas, and corridors adjacent to areas used in connection with court proceedings. The restricted areas do not include common areas of ingress and egress to the building that is used in connection with court proceedings, when it is possible to protect court areas without restricting ingress and egress to the building. The restricted areas shall be the minimum necessary to fulfill the objective of this subsection A2. For purposes of this subsection A2, "weapon" means any firearm, explosive as defined in RCW 70.74.010, or any weapon of the kind usually known as slung shot, sand club, or metal knuckles, or any knife, dagger, dirk, or other similar weapon that is capable of causing death or bodily injury and is commonly used with the intent to cause death or bodily injury. In addition, the local legislative authority shall provide either a stationary locked box sufficient in size for pistols and key to a weapon owner for weapon storage, or shall designate an official to receive weapons for safekeeping, during the owner's visit to restricted areas of the building. The locked box or designated official shall be located within the same building used in connection with court proceedings. The local legislative authority shall be liable for any negligence causing damage to or loss of a weapon either placed in a locked box or left with an official during the owner's visit to restricted areas of the building. The local judicial authority shall designate and clearly mark those areas where weapons are prohibited, and shall post notices at each entrance to the building of the prohibition against weapons in the restricted areas;

3.

The restricted access areas of a public mental health facility certified by the department of social and health services for inpatient hospital care and state institutions for the care of the mentally ill, excluding those facilities solely for evaluation and treatment. Restricted access areas do not include common areas of egress and ingress open to the general public;

4.

That portion of an establishment classified by the state liquor control board as off-limits to persons under twenty-one (21) years of age; or

5.

The restricted access areas of a commercial service airport designated in the airport security plan approved by the federal transportation security administration, including passenger screening checkpoints at or beyond the point at which a passenger initiates the screening process. These areas do not include airport drives, general parking areas and walkways, and shops and areas of the terminal that are outside the screening checkpoints and that are normally open to unscreened passengers or visitors to the airport. Any restricted access area shall be clearly indicated by prominent signs indicating that firearms and other weapons are prohibited in the area.

B.

The perimeter of the premises of any specific location covered by subsection A of this section shall be posted at reasonable intervals to alert the public as to the existence of any law restricting the possession of firearms on the premises.

C.

Subsection 12A.14.170.A does not apply to:

1.

A person engaged in military activities sponsored by the federal or state governments, while engaged in official duties;

2.

Law enforcement personnel, except that subsection 12A.14.170.A.2 does apply to a law enforcement officer who is present at a courthouse building as a party to an antiharassment protection order action or a domestic violence protection order action under chapter 7.105 or 10.99 RCW, or an action under Title 26 RCW where any party has alleged the existence of domestic violence as defined in RCW 7.105.010; or

3.

Security personnel while engaged in official duties.

D.

Subsections 12A.14.170.A.1, 12A.14.170.A.2, 12A.14.170.A.3 and 12A.14.170.A.5 do not apply to correctional personnel or community corrections officers, as long as they are employed as such, who have completed government-sponsored law enforcement firearms training, except that subsection 12A.14.170.A.2 does apply to a correctional employee or community corrections officer who is present at a courthouse building as a party to an antiharassment protection order action or a domestic violence protection order action under chapter 7.105 or 10.99 RCW, or an action under Title 26 RCW where any party has alleged the existence of domestic violence as defined in RCW 7.105.010.

E.

Subsection A1 of this section does not apply to a person licensed pursuant to RCW 9.41.070 who, upon entering the place or facility, directly and promptly proceeds to the administrator of the facility or the administrator's designee and obtains written permission to possess the firearm while on the premises or checks his or her firearm. The person may reclaim the firearms upon leaving but must immediately and directly depart from the place or facility.

F.

Subsection A3 of this section does not apply to any administrator or employee of the facility or to any person who, upon entering the place or facility, directly and promptly proceeds to the administrator of the facility or the administrator's designee and obtains written permission to possess the firearm while on the premises.

G.

Subsection A4 of this section does not apply to the proprietor of the premises or his or her employees while engaged in their employment.

H.

Government-sponsored law enforcement firearms training must be training that correctional personnel and community corrections officers receive as part of their job requirement and reference to such training does not constitute a mandate that it be provided by the correctional facility.

I.

Any person violating subsection A of this section is guilty of a gross misdemeanor.

J.

"Weapon" as used in this section means any firearm, explosive as defined in RCW 70.74.010, or instrument or weapon listed in RCW 9.41.250.

(Ord. 126691, § 22, 2022; Ord. 124301, § 27, 2013)

A.

It is unlawful for any person to knowingly open carry a firearm or other weapon on his or her person or in a vehicle while knowingly at any permitted demonstration.

B.

It is unlawful for any person to knowingly open carry a firearm or other weapon while knowingly within 250 feet of the perimeter of a permitted demonstration after a duly authorized state or local law enforcement officer advises the person of the permitted demonstration and directs the person to leave until he or she no longer possesses or controls the firearm or other weapon. This subsection 12A.14.175.B does not apply to any person possessing or controlling any firearm or other weapon on private property owned or leased by that person.

C.

Subsections 12A.14.175.A and 12A.14.175.B do not apply to duly authorized federal, state, and local law enforcement officers and personnel when carrying a firearm or other weapon in conformance with their employing agency's policy or to members of the armed forces of the United States or the state of Washington when carrying a firearm or other weapon in the discharge of official duty or traveling to or from official duty.

D.

For purposes of this Section 12A.14.175, the following definitions apply:

1.

"Permitted demonstration" means either a gathering for which a permit has been issued by a federal agency, state agency, or local government, or a gathering of 15 or more persons who are assembled for a single event at a public place that has been declared as permitted by the chief executive, sheriff, or chief of police of a local government in which the gathering occurs. A "gathering" means a demonstration, march, rally, vigil, sit-in, protest, picketing, or similar public assembly.

2.

"Public place" means any site accessible to the general public for business, entertainment, or another lawful purpose. A "public place" includes, but is not limited to, the front, immediate area, or parking lot of any store, shop, restaurant, tavern, shopping center, or other place of business; any public building, its grounds, or surrounding area; or any public parking lot, street, right-of-way, sidewalk, public park, or other public grounds.

3.

"Weapon" means any firearm, explosive as defined in RCW 70.74.010, or any weapon of the kind usually known as slungshot, sand club, or metal knuckles, or any knife, dagger, dirk, or other similar weapon that is capable of causing death or bodily injury and is commonly used with the intent to cause death or bodily injury.

E.

Nothing in this Section 12A.14.175 applies to the lawful concealed carry of a firearm by a person who has a valid concealed pistol license.

(Ord. 126691, § 23, 2022.)