2016/04/20 Council Agenda Packet

t, S ORDINANCE No. AN ORDINANCE Relating to the Inchoate Crimes of Criminal Attempt, Criminal Solicitation, and Criminal Conspiracy,Amending and Adding a New Section to Ordinance No. 1145-85 as amended (Chapter 10.10 EMC). Whereas, state law and case law regarding the inchoate crimes of criminal_ attempt, criminal solicitation, and criminal conspiracy have changed since this ordinance was last updated; and Whereas,the City of Everett has the power to provide for the punishment of all practices dangerous to public health or safety, and to make necessary for the preservation of public health, peace and good order and to provide for the punishment of all persons charged with violating any city ordinances; and Whereas,the Everett City Council deems it appropriate for the City of Everett criminal laws to match corresponding State law; NOW, THEREFORE,THE CITY OF EVERETT DOES ORDAIN: Section 1. Ordinance No. 1145-85, Section 28, as amended by Ordinance No. 2369-99, Section 1 (EMC 10.10.010),which readsi d as follows: Criminal attempt. A. A person is guilty of an attempt to commit crime if, with intent to commit a specific crime, he does any act which is a substantial step toward the commission of that crime. E. 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. C. An attempt to commit a crime is a: 1. Gross misdemeanor when the crime attempted is a class C felony; 2. Misdemeanor when the crime attempted is a gross misdemeanor or misdemeanor. Be and the same is hereby amended to read as follows: Criminal At iu1+t. 2