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OFFENSES AGAINST CHILDREN OR DEPENDENT PERSONS

SEA-MC tit. 12A, subtit. I, ch. 12A.18
in effect

Seattle Mun. Code § 12A.18.010 Definitions.

12A.18.010 - Definitions. A. "Abused child" means a child who is subject to "abuse or neglect" as defined in RCW Chapter 26.44. B. "Basic necessities of life" means food, water, shelter, clothing and medically necessary health care, including but not limited to health-related treatment or activities, hygiene, oxygen and medication. C. "Child" means a person who is under the chronological age of eighteen (18). D. "Delinquent act" means an act committed by a child which would be designated a crime if committed by an adult. E. "Dependent child" means a child who is: 1. Neglected, as defined in subsection H of this section; or 2. Abused as defined in subsection A of this section. F. "Dependent person" means a person who, because of physical or mental disability, or because of extreme advanced age, is dependent upon another person to provide the basic necessities of life. A resident of a nursing home, as defined in RCW 18.51.010, a resident of an adult family home, as defined in RCW 70.128.010, and a frail elder or vulnerable adult, as defined in RCW 74.34.020(8), is presumed to be a dependent person for purposes of this chapter. G. "Employed" means hired by a dependent person, another person acting on behalf of a dependent person or an organization or governmental entity to provide to a dependent person any of the basic necessities of life. A person may be "employed" regardless of whether the person is paid for the services or, if paid, regardless of who pays for the person's services. H. "Neglected child" means a child who is: 1. Without a parent or legal custodian or who has been abandoned by such; or 2. In a situation of clear and present danger of suffering substantial damage to his or her physical or mental health; or 3. A runaway from his or her home or a fugitive from his or her parent. I. "Parent" has its ordinary meaning and also includes a guardian and the authorized agent of parent or guardian. J. "Person who has assumed the responsibility to provide to a dependent person the basic necessities of life" means a person other than: 1. A government agency that regularly provides assistance or services to dependent persons, including but not limited to the Washington Department of Social and Health Services; or 2. Any individual or group of individuals who: i. is not related to the dependent person; ii. voluntarily provides assistance or services of any type to the dependent person; iii. is not paid, given gifts or made a beneficiary of any assets valued at five hundred dollars ($500.00) or more, for any reason, by the dependent person, the dependent person's family or the dependent person's estate; and iv. does not commit or attempt to commit any other crime against the dependent person or the dependent person's estate. K. "Substantial bodily harm" means bodily injury which involves a temporary but substantial disfigurement, or which causes a temporary but substantial loss or impairment of the function of any bodily part or organ, or which causes a fracture of any bodily part. (Ord. 122789, § 13, 2008; Ord. 120887 § 6, 2002; Ord. 120059 § 6, 2000: Ord. 103993 § 1, 1974: Ord. 102843 § 12A.24.010, 1973.)

Seattle Mun. Code § 12A.18.020 Contributing to dependency

12A.18.020 - Contributing to dependency A person is guilty of contributing to the dependency of a child if, by act or omission, he knowingly contributes to a child's becoming or causes a child to become a dependent child. (Ord. 103993, § 2, 1974 [added § 12A.24.020 to Ord. 102843, 1973].)

Seattle Mun. Code § 12A.18.030 Contributing to delinquency.

12A.18.030 - Contributing to delinquency. A person is guilty of contributing to the delinquency of a child if, by act or omission, he knowingly causes or encourages a child to commit or otherwise contributes to a child's commission of a delinquent act. (Ord. 103993 § 2(part), 1974: Ord. 102843 § 12A.24.030, 1973.)

Seattle Mun. Code § 12A.18.070 Knowledge of age not element of offense.

12A.18.070 - Knowledge of age not element of offense. In any prosecution under this chapter and notwithstanding any other provision hereof, it is not a defense that the actor reasonably believed that the other person was eighteen (18) years of age or older. (Ord. 103993 § 2(part), 1974: Ord. 102843 § 12A.24.070, 1973.)

Seattle Mun. Code § 12A.18.080 Leaving child unattended.

12A.18.080 - Leaving child unattended. Every person having the care and custody, whether temporary or permanent, of a minor child or children under the age of twelve (12) years, who shall leave such child or children in a parked automobile unattended by an adult while such person enters a tavern or other premises where vinous, spirituous, or malt liquors are dispensed for consumption on the premises shall be guilty of a crime, and upon conviction thereof, shall be punished as provided in Section 12A.02.070. (Ord. 113549 § 2, 1987.)

Seattle Mun. Code § 12A.18.090 Criminal mistreatment

12A.18.090 - Criminal mistreatment A. A person is guilty of criminal mistreatment in the first degree if he or she is the parent of a child, a person entrusted with the physical custody of a child or other dependent person, a person who has assumed the responsibility to provide to a dependent person the basic necessities of life or a person employed to provide to a child or dependent person the basic necessities of life and, with criminal negligence, creates an imminent and substantial risk of substantial bodily harm to a child or dependent person by withholding any of the basic necessities of life. B. Criminal mistreatment in the first degree is a gross misdemeanor. C. A person is guilty of criminal mistreatment in the second degree if he or she is the parent of a child, a person entrusted with the physical custody of a child or other dependent person, a person who has assumed the responsibility to provide to a dependent person the basic necessities of life or a person employed to provide to the child or other dependent person the basic necessities of life and, with criminal negligence, either causes bodily injury or extreme emotional distress manifested by more than transient physical symptoms or creates an imminent and substantial risk of bodily injury to a child or dependent person by withholding any of the basic necessities of life. D. Criminal mistreatment in the second degree is a misdemeanor. E. This section does not apply to decisions to withdraw life support systems made in accordance with RCW Chapter 7.70 or 70.122 by the dependent person, his or her legal surrogate or others with a legal duty to care for the dependent person. This section does not apply when a terminally ill or permanently unconscious person or his or her legal surrogate, as set forth in RCW Chapter 7.70, requests, and the person receives, palliative care from a licensed home health agency, hospice agency, nursing home or hospital providing care under the medical direction of a physician. "Terminally ill" and "permanently unconscious" have the same meaning as "terminal condition" and "permanent unconscious condition" in RCW Chapter 70.122. F. The defense to criminal mistreatment that the withholding of the basic necessities of life is due to financial inability is available only if the person charged has made a reasonable effort to obtain adequate assistance. This defense is available to a person employed to provide the basic necessities of life only when the agreed-upon payment has not been made. (Ord. 125345, § 7, 2017; Ord. 122789, § 14, 2008; Ord. 122789, § 14, 2008; Ord. 120887, § 7, 2002; Ord. 120059, § 7, 2000.)
Source: City of Seattle, Seattle Municipal Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/wa/seattle/codes/municipal_code?nodeId=TIT12ACRCO_SUBTITLE_ICRCO_CH12A.18OFAGCHDEPEFetched: 11/1/2026

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