Ordinance 2619-02 - Laserfiche WebLink

s ORDINANCE NO. 2619-02 AN ORDINANCE Relating to Leaving a Child in the Care of a Sex Offender, Amending Ordinance No. 1145-85 and Adding a New Section to Chapter 10.19 of the Everett Criminal Code, Title 10 of the Everett Municipal Code (Ordinance No. 1145-85). WHEREAS, in 2002 the Legislature of the State of Washington enacted a bill that criminalizes leaving a child in the care of a sex offender; and WHEREAS, the City of Everett City Council deems it appropriate for the City Criminal Code to be consistent with state law in this area. NOW, THEREFORE, THE CITY OF EVERETT DOES ORDAIN: Section 1: Ordinance No. 1145-85 (Title 10 EMC) is hereby amended by the addition of the following section: Leaving a child in the care of a sex offender. A. A person is guilty of the crime of leaving a child in the care of a sex offender if: 1. The person is (a)the parent of a child, (b) entrusted with the physical custody of a child, or(c) employed to provide to the child the basic necessities of life; and 2. The person leaves the child in the care or custody of another person who is not a parent, guardian, or lawful custodian of the child, knowing that the person is registered or required to register as a sex offender, under state or local law, because of a sex offense against a child. B. It is an affirmative defense to the charge of leaving a child in the care of a sex offender under this section, that the defendant must prove by a preponderance of the evidence, that a court has entered an order allowing the offender to have unsupervised contact with children, or that the offender is allowed to have unsupervised contact with the child in question under a family reunification plan, which has been approved by a court, the department of corrections, or the department of social and health services in accordance with department policies. C. Leaving a child in the care of a sex offender is a misdemeanor.