2016/04/27 Council Agenda Packet

� r ORDINANCE No. AN ORDINANCE Relating to Disclosing Intimate Images, Amending and Adding a New Section to Ordinance No. 1145-85 as amended (Chapter 10.18 EMC), and Amending Ordinance No. 1521-88 as amended (Section 10.23.050 EMC). Whereas, in the 2015 legislative session, the State of Washington created a new law criminalizing the wrongful disclosure of intimate images, RCW 9A.86.010. Commission of this crime under State law is a gross misdemeanor; 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,this new criminal law is related to existing criminal laws against Telephone Harassment and Cyberstalking, Chapter 10.18 EMC, and the Everett City Council therefore deems it appropriate to codify this new criminal law within Chapter 10.18 EMC; and Whereas, the Everett City Council deems it appropriate for the City of Everett criminal laws to incorporate corresponding State law,that the City of Everett may prosecute such crimes; NOW,THEREFORE, THE CITY OF EVERETT DOES ORDAIN: Section 1. Ordinance No. 1145-85, as amended by Ordinance No. 3067-08, Section 1 and by Ordinance No. 2449-00, Section 1, is hereby amended by the addition of the following section which will be codified as EMC 10.18.027: Disclosing intimate images. 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.