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Ordinance 3138-09
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Ordinance 3138-09
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11/3/2016 9:31:07 AM
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Ordinances
Ordinance Number
3138-09
Date
8/12/2009
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Criminal mischief—Designated—Prohibited. <br /> A. A person is guilty of criminal mischief if he or she knowingly and maliciously causes <br /> physical damage to the property of another, under circumstances not amounting to malicious <br /> mischief in the first or second degree, as those offenses are defined in RCW Chapter 9A.48. <br /> B. Criminal mischief is a gross misdemeanor. <br /> Section 2: Section 50 of Ordinance 1145-85, as amended by Section 1 of Ordinance 1262-86 <br /> and section 1 of Ordinance 2270-98 (EMC 10.56.010), which reads as follows: <br /> Definitions. <br /> The following definitions are applicable in this chapter unless the context otherwise requires: <br /> A. "Appropriate lost or misdelivered property or services"means obtaining or exerting control <br /> over the property or services of another which the actor knows to have been lost or mislaid, or to <br /> have been delivered under a mistake as to identity of the recipient or as to the nature or amount <br /> of the property. <br /> B. "By color or aid of deception"means that the deception operated to bring about the <br /> obtaining of the property or services; it is not necessary that deception be the sole means of <br /> obtaining the property or services. <br /> C. "Credit card"means any instrument or device, whether incomplete, revoked or expired, <br /> whether known as a credit card, credit plate, charge plate, courtesy card, or by any other name, <br /> issued with or without fee for the use of the cardholder in obtaining money, goods, services or <br /> anything else of value, including satisfaction of a debt or the payment of a check drawn by a <br /> cardholder, either on credit or in consideration of an undertaking or guaranty by the issuer. <br /> D. "Deception" occurs when an actor knowingly: <br /> 1. Creates or confirms another's false impression which the actor knows to be false; or <br /> 2. Fails to correct another's impression which the actor previously has created or <br /> confirmed; or <br /> 3. Prevents another from acquiring information material to the disposition of the <br /> property involved; or <br /> 4. Transfers or encumbers property without disclosing a lien, adverse claim, or other <br /> legal impediment to the enjoyment of the property, whether that impediment is or is not <br /> valid, or is or is not a matter of official record; or <br /> 5. Promises performance which the actor does not intend to perform or knows will not <br /> be performed. <br /> E. "Deprive"in addition to its common meaning means to make unauthorized use or an <br /> unauthorized copy of records, information, data, trade secrets, or computer programs. <br /> 2 <br />
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