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<br /> Section 14: Definitions
<br /> In this City of Everett Criminal Code, unless a different meaning plainly is
<br /> required or intended:
<br /> 1. "Acted" includes, where relevant, omitted to act;
<br /> 2. "Actor" includes, where relevant, a person failing to act;
<br /> 3. "Benefit" is any gain or advantage to the beneficiary, including any gain or
<br /> advantage to a third person pursuant to the desire or consent of the
<br /> beneficiary;
<br /> 4. "Bodily injury" or "physical injury" means physical pain, illness, or an
<br /> impairment of physical condition;
<br /> 5. "Building," in addition to its ordinary meaning, includes any dwelling, fenced
<br /> area, vehicle, railway car, cargo container, or any other structure used for
<br /> lodging of persons or for carrying on business therein, or for the use, sale or
<br /> deposit of goods; each unit of a building consisting of two or more units
<br /> separately secured or occupied is a separate building;
<br /> 6. "Deadly weapon" means any explosive or loaded or unloaded firearm, and
<br /> shall include any other weapon, device, instrument, article, or substance,
<br /> including a "vehicle" as defined in this section, which, under the circum-
<br /> stances in which it is used, attempted to be used, or threatened to be used,
<br /> is readily capable of causing death or serious bodily injury;
<br /> 7. "Dwelling" means any building or structure, though movable or temporary, or
<br /> a portion thereof, which is used or ordinarily used by a person for lodging;
<br /> 8. "Government" includes any branch, subdivision, or agency of the government
<br /> of this state and any county, city, district, or other local governmental unit;
<br /> 9. "Governmental function" includes any activity which a public servant is
<br /> legally authorized or permitted to undertake on behalf of a government;
<br /> 10. "Judge" includes every judicial officer authorized alone or with others, to
<br /> hold or preside over a court;
<br /> 11. "Malice" and "maliciously"shall import an evil intent, wish, or design to vex,
<br /> annoy, or injure another person. Malice may be inferred from an act done in
<br /> willful disregard of the rights of another, or an act wrongfully done without
<br /> just cause or excuse, or an act or omission of duty betraying a willful
<br /> disregard of social duty;
<br /> 12. "Officer" and "public officer" means a person holding office under a city,
<br /> county, or state government or the federal government who performs a
<br /> public function and in so doing is vested with the exercise of some sovereign
<br /> power of government and includes all assistants, deputies, clerks and
<br /> employees of any public officer and all pesons lawfully exercising or
<br /> assuming to exercise any of the powers or functions of a public officer;
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