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,AP <br /> ORDINANCE No. 3496_lb_ `� <br /> AN ORDINANCE Relating to Disclosing Intimate Images, Amending and Adding a New <br /> Section to Ordinance No. 1145-85 as amended (Chapter 10.18 EMC), and Amending <br /> Ordinance No. 1521-88 as amended (Section 10.23.050 EMC). <br /> Whereas, in the 2015 legislative session, the State of Washington created a new law <br /> criminalizing the wrongful disclosure of intimate images, RCW 9A.86.010. Commission of this <br /> crime under State law is a gross misdemeanor; 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 against Telephone <br /> Harassment and Cyberstalking, Chapter 10.18 EMC, and the Everett City Council therefore <br /> deems it appropriate to codify this new criminal law within Chapter 10.18 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, as amended by Ordinance No. 3067-08, Section 1 and by <br /> Ordinance No. 2449-00, Section 1, is hereby amended by the addition of the following section <br /> which will be codified as EMC 10.18.027: <br /> Disclosing intimate images. <br /> A. A person commits the crime of disclosing intimate images when the person knowingly <br /> discloses an intimate image of another person and the person disclosing the image: <br /> 1. Obtained it under circumstances in which a reasonable person would know or understand that <br /> the image was to remain private; <br /> 2. Knows or should have known that the depicted person has not consented to the disclosure; and <br /> 3. Knows or reasonably should know that disclosure would cause harm to the depicted person. <br /> B. This section does not apply to: <br /> 1. Images involving voluntary exposure in public or commercial settings; or <br />