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/1(.,/411 <br /> E!/E <br /> ORDINANCE No. 3564-17 <br /> AN ORDINANCE Relating to Voyeurism in the Second Degree,Amending Ordinance No. <br /> 1145-85. <br /> Whereas, the 2017 Washington State Legislature created a new gross misdemeanor <br /> criminalizing Voyeurism in the Second Degree with Substitution House Bill 1200; and <br /> Whereas, the City of Everett has the power to provide for the punishment of all practices <br /> dangerous to public health or safety, and to make necessary for the preservation of public health, <br /> peace and good order and to provide for the punishment of all persons charged with violating any <br /> city ordinances; and <br /> Whereas,this new criminal law is related to existing criminal laws involving Stalking, <br /> codified in Chapter 10.16 EMC, and the Everett City Council therefore deems it appropriate to <br /> codify this new criminal law within Chapter 10.16 EMC; and <br /> Whereas, the Everett City Council deems it appropriate for the City of Everett criminal <br /> laws to incorporate corresponding State law,that the City of Everett may prosecute such crimes; <br /> NOW,THEREFORE,THE CITY OF EVERETT DOES ORDAIN: <br /> Section 1. Ordinance No. 1145-85 is amended by the addition of the following section which <br /> will be codified as EMC 10.16.045: <br /> Voyeurism in the second degree. <br /> A. A person commits the crime of voyeurism in the second degree if he or she intentionally <br /> photographs or films another person for the purpose of photographing or filming the intimate <br /> areas of that person with the intent to distribute or disseminate the photograph or film, without <br /> that person's knowledge and consent, and under circumstances where the person has a reasonable <br /> expectation of privacy, whether in a public or private place. <br /> B. Voyeurism in the second degree is a gross misdemeanor <br /> C. Voyeurism in the second degree is not a sex offense for the purposes of sentencing or sex <br /> offender registration requirements under RCW 9A.44.115. <br /> D. This section does not apply to viewing, photographing, or filming by personnel of the <br /> department of corrections or of a local jail or correctional facility for security purposes or during <br />