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13 <br /> Criminal-mischief Designated—Prohibited, <br /> A. A person is guilty or 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 /> • <br /> - -_ <br /> Seeds 2i Section 50 of Ordinance 1145-85, as mended by Section 1 of Ordinance 1262-86 <br /> and section 1 of Ordinance 2270-98 (EMC 10.56.0.10),which reads as follows: <br /> Definitions. <br /> The following definitions are applicable in this chapterunless 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 /> 2 <br /> 31 <br />