HomeMy WebLinkAbout2016-021 Intimate Image Disclosure; Adopting RCW 9A.86.010; YMC Amendment 6.45.015AN ORDINANCE
ORDINANCE NO. 2016-021
relating to Public Safety; amending the City of Yakima Municipal Code,
Section 6.45.015, and adopting the Revised Code of Washington
9A.86.010, Disclosing Intimate Images.
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. Section 6.45.015, and Chapter 6.45 of the Yakima Municipal Code is
hereby amended to read as follows:
Chapter 6.45
OFFENSES AGAINST PERSONS
6.45.015 Statutes adopted – Harassment crimes.
The following RCW sections, as currently enacted or as hereafter amended or recodified from
time to time, are hereby adopted by reference and shall be given the same force and effect as if
set forth herein in full:
RCW
9A.46.020 Definition—Penalties.
9A.46.030 Place where committed.
9A.46.040 Court-ordered requirements upon person charged with crime—Violation.
9A.46.050 Arraignment—No contact order.
9A.46.060 Crimes included in harassment.
9A.46.070 Enforcement of orders restricting contact.
9A.46.080 Order restricting contact—Violation.
9A.46.090 Nonliability of peace officer.
9A.46.100 "Convicted," time when.
9A.46.110 Stalking.
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RCW 9A.86.010
Disclosing intimate images.
(1) A person commits the crime of disclosing intimate images when the person knowingly
discloses an intimate image of another person and the person disclosing the image:
(a) Obtained it under circumstances in which a reasonable person would know or understand
that the image was to remain private;
(b) Knows or should have known that the depicted person has not consented to the
disclosure; and
(c) Knows or reasonably should know that disclosure would cause harm to the depicted
person.
(2) A person who is under the age of eighteen is not guilty of the crime of disclosing intimate
images unless the person:
(a) Intentionally and maliciously disclosed an intimate image of another person;
(b) Obtained it under circumstances in which a reasonable person would know or understand
that the image was to remain private; and
(c) Knows or should have known that the depicted person has not consented to the disclosure.
(3) This section does not apply to:
(a) Images involving voluntary exposure in public or commercial settings; or
(b) Disclosures made in the public interest including, but not limited to, the reporting of
unlawful conduct, or the lawful and common practices of law enforcement, criminal reporting,
legal proceedings, or medical treatment.
(4) This section does not impose liability upon the following entities solely as a result of
content provided by another person:
(a) An interactive computer service, as defined in 47 U.S.C. Sec. 230(f)(2);
(b) A mobile telecommunications service provider, as defined in RCW 82.04.065; or
(c) A telecommunications network or broadband provider.
(5) It shall be an affirmative defense to a violation of this section that the defendant is a
family member of a minor and did not intend any harm or harassment in disclosing the images of
the minor to other family or friends of the defendant. This affirmative defense shall not apply to
matters defined under RCW 9.68A.011.
(6) For purposes of this section:
(a) "Disclosing" includes transferring, publishing, or disseminating, as well as making a
digital depiction available for distribution or downloading through the facilities of a
telecommunications network or through any other means of transferring computer programs or
data to a computer;
(b) "Intimate image" means any photograph, motion picture film, videotape, digital image, or
any other recording or transmission of another person who is identifiable from the image itself or
from information displayed with or otherwise connected to the image, and that was taken in a
private setting, is not a matter of public concern, and depicts:
(i) Sexual activity, including sexual intercourse as defined in RCW 9A.44.010 and
masturbation; or
(ii) A person's intimate body parts, whether nude or visible through less than opaque
clothing, including the genitals, pubic area, anus, or post -pubescent female nipple.
(7) The crime of disclosing intimate images:
(a) Is a gross misdemeanor on the first offense; or
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(b) Is a class C felony if the defendant has one or more prior convictions for disclosing
intimate images.
(8) Nothing in this section is construed to:
(a) Alter or negate any rights, obligations, or immunities of an interactive service provider
under 47 U.S.C. Sec. 230; or
(b) Limit or preclude a plaintiff from securing or recovering any other available remedy.
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9A.46.910 Severability -1985 c 288.
9.61.230 Telephone harassment.
9.61.250 Telephone harassment—Offense, where deemed committed.
9.61.260 Cyberstalking.
9A.86.010 Disclosing Intimate Images
Section 2. This ordinance shall be in full force and effect 30 days after its passage,
approval, and publication as provided by law and by the City Charter.
2016.
PASSED BY THE CITY COUNCIL, signed and approved this 15th day of November,
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Publication Date: November 18, 2016 GTO
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Effective Date: December 18, 2016
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDASTATEMENT
Item No. 6.F.
For Meeting of: November 15, 2016
ITEM TITLE: Ordinance relating to Public Safety; amending the City of Yakima
Municipal Code, Section 6.45.015, and adopting the Revised Code
of Washington 9A.86.010, Disclosing Intimate Images
SUBMITTED BY: Brooke Goosman, Assistant City Attorney
SUMMARY EXPLANATION:
The City Municipal Code Chapter 6.45, Offenses Against Persons, should be amended to add
and adopt the RCW 9A.86.010, Disclosing Intimate Images. Yakima Police Department officers
are experiencing an increase in cases involving the disclosing of intimate images, and it would be
helpful to the City of Yakima to be able to prosecute this crime.
State statutes can be beneficial in that case law provides guidance on issues of statutory
interpretation and state statutes allow for the use of standard pattern jury instructions. The use of
state statutes in this instance will provide greater certainty and uniformity.
ITEM BUDGETED:
STRATEGIC PRIORITY:
APPROVED FOR
SUBMITTAL:
NA
Public Safety
STAFF RECOMMENDATION:
Pass ordinance.
BOARD/COMMITTEE RECOMMENDATION:
On November 3, 2016 the Public Safety Committee approved the adoption of the RCW.
ATTACHMENTS:
Description Upload Date Type
Ordinance -Amending Section 6.45.015; adopting ROW
9A.86. 010-F INAL
Ordinance -Amending Section 6.45.015; adopting RCW
9A.86.010 -Redline
11/7/2016 Ordinance
11/7/2016 Ordinance
RCW 9A86 010 11/7/2016 Backup Material