Chapter 9.96   DOMESTIC VIOLENCE [14]

Sections:


9.96.010   Crimes occurring between family or household members—Domestic violence.

(1)

Domestic violence anti-merger clause: Every person who, in the commission of a crime of domestic violence shall commit any other crime, may be punished therefore as well as for the crime of domestic violence, and may be prosecuted for each crime separately.

(2)

Strangulation:

(a)

A person is guilty of strangulation if, under circumstances not amounting to a felony, he or she assaults another by means of strangulation.

(b)

Strangulation shall mean intentionally impeding normal breathing or circulation of the blood by applying pressure on the throat or neck or by obstructing the nose or mouth of another person.

(c)

Strangulation is a gross misdemeanor with a maximum penalty of three hundred sixty-five days in jail and a five thousand dollar fine, provided, any person convicted of this crime shall be punished by a mandatory minimum imprisonment of not less than thirty days, provided, at its discretion the court may allow all or part of any imprisonment to be served through electronic home detention at the offender's expense.

(3)

Exposing children to domestic violence:

(a)

A person commits the crime of exposing children to domestic violence when he or she:

(i)

Commits a crime of domestic violence, as defined in RCW 10.99.020, as currently enacted or hereafter amended; and

(ii)

The crime is committed in the immediate presence of, or is witnessed by, the person's or the victim's minor child, minor stepchild, or any minor child residing within the household of the person or victim.

(b)

For the purposes of this section, "minor" shall mean a person younger than eighteen years; "witnessed" shall mean if the crime is seen or directly perceived in any other manner by the child.

(c)

Exposing children to domestic violence is a gross misdemeanor with a maximum penalty of three hundred sixty-five days in jail and a five thousand dollar fine, provided, any person convicted of this crime shall be punished by a mandatory minimum imprisonment of not less than thirty days, provided, at its discretion the court may allow all or part of any imprisonment to be served through electronic home detention at the offender's expense. If the person is sentenced to less than the maximum statutory sentence, the court shall place the defendant on probation and the court shall impose conditions of probation that include attendance at a certified domestic violence perpetrator treatment program as well as a treatment program that addresses the effects of domestic violence on children, unless it is shown to the satisfaction of the court that a single program adequately addresses in a comprehensive fashion both domestic violence generally and the specific impacts of domestic violence on minor children.

(4)

The following state statutes, including all future amendments, additions or deletions, are adopted by reference:

(a)

RCW 26.09.300, Restraining orders—Notice—Refusal to comply—Arrest—Penalty—Defense—Peace officers, immunity.

(b)

RCW 26.26.138, Restraining order—Knowing violation—Penalty—Law enforcement immunity.

(c)

RCW 26.44.063, Temporary restraining order or preliminary injunction—Enforcement—Notice of modification or termination of restraining order.

(d)

RCW 26.44.067, Temporary restraining order or preliminary injunction—Contents—Notice—Noncompliance—Defense—Penalty.

(e)

Chapter 10.99 RCW, Domestic violence—Official response.

(f)

Chapter 26.50 RCW, Domestic violence prevention.

(g)

RCW 9A.36.150, Interfering with the reporting of domestic violence.

(h)

RCW 26.10.220, Restraining orders—Notice—Refusal to comply—Arrest—Penalty—Defense—Peace officers, immunity.

(Ord. No. 904, § 1, 4-23-2009)



FOOTNOTE(S):


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Editor's note— Ord. No. 904, § 1, adopted April 23, 2009, amended Ch. 9.96 in its entirety to read as herein set out. Former Ch. 9.96, §§ 9.96.010, 9.96.060, 9.96.070, pertained to similar subject matter, and derived from Ord. 465, § 16, adopted 1998; Ord. 788, §§ 38, 39, adopted 2005. (Back)