12A.02.150 - Definitions
In this Subtitle I, unless a different meaning plainly is required:
"Act" or "action" means a bodily movement whether voluntary or involuntary.
"Acted" includes, where relevant, omitted to act.
"Actor" includes, where relevant, a person failing to act.
"Bodily injury," "physical injury," or "bodily harm" means physical pain or injury, illness, or an impairment of physical condition.
"Deadly weapon" means an explosive, loaded or unloaded firearm, or other weapon, device, instrument, article, or substance, including a vehicle as defined in this Section 12A.02.150, which, under the circumstances in which it is used, attempted to be used, or threatened to be used, is readily capable of causing death or substantial bodily harm.
"Dwelling" means any building or structure, though movable or temporary, or a portion thereof, which is used or ordinarily used by a person for lodging.
"Electronic communication" means the transmission of information by wire, radio, optical cable, electromagnetic, or other similar means and includes, but is not limited to, cellular telephone, email, internet based communications, pager service, and electronic text messaging.
"Electronic tracking device" means an electronic device that permits a person to remotely determine or monitor the position and movement of another person, vehicle, device, or other personal possession. As used in this definition, "electronic device" includes computer code or other digital instructions that once installed on a digital device, allows a person to remotely track the position of that device.
"Element of an offense" means: (i) such conduct or (ii) such attendant circumstances, or (iii) such a result of conduct as:
1. Is included in the description of the offense;
2. Establishes the required kind of culpability;
3. Negates an excuse or justification for such conduct;
4. Negates a defense under the statute of limitations; or
5. Establishes jurisdiction.
"Jail" means any place designated by law for the keeping of persons held in custody under process of law, or under lawful arrest.
"Judge" includes every judicial officer authorized, alone or with others, to hold or preside over a court.
"Material element of an offense" means an element that does not relate exclusively to the statute of limitations, jurisdiction or to any other matter similarly unconnected with: (a) the harm or evil, incident to conduct, sought to be prevented by the law defining the offense, or (b) the existence of a justification or excuse for such conduct.
"Motor vehicle" means every vehicle that is self-propelled or propelled by electric power obtained from overhead trolley wires.
"Officer" and "public officer" have their ordinary meanings and include all assistants, deputies, clerks, and employees of any public officer and all persons exercising or assuming to exercise any of the powers or functions of a public officer.
"Omission" means a failure to act.
"Ordinance" means an ordinance of The City of Seattle.
"Peace officer" means a public officer charged with the duty to enforce public order and to make arrests for offenses under this Subtitle I or under the criminal laws of the state.
"Person," "he," "she," and "actor" include any natural person, and, in addition, a corporation, a joint stock association or an unincorporated association unless a contrary intention plainly appears.
"Public servant" means any person other than a witness who presently occupies the position of or has been elected, appointed, or designated to become any officer or employee of government, including a legislator, judge, judicial officer, juror, and any person participating as an advisor, consultant, or otherwise in performing a governmental function.
"Property" means anything of value, whether tangible or intangible, real or personal.
"Reasonably believes" or "reasonable belief" designates a belief that the actor is not reckless or criminally negligent in holding.
"Restrain" means to restrict a person's movements without consent and without legal authority in a manner which interferes substantially with his or her liberty. Restraint is "without consent" if it is accomplished by (a) physical force, intimidation, or deception, or (b) any means including acquiescence of the victim, if he or she is a child less than 16 years old or an incompetent person and if the parent, guardian, or other person or institution having lawful control or custody of him or her has not acquiesced.
"Sexual conduct" means any of the following:
1. Sexual intercourse in its ordinary sense which occurs upon any penetration, however slight, or contact between persons involving the sex organs of one and the mouth or anus of another;
2. Masturbation, manual or instrumental, of one person by another.
"Statute" means the Constitution or an Act of the Legislature or initiative or referendum of this state.
"Vehicle" means a "motor vehicle" as defined in Chapter 11.14, any aircraft, or any vessel equipped for propulsion by mechanical means or by sail.
"Voluntary" has the meaning specified in Section 12.A.04.010.
(Ord. 126691, § 4, 2022; Ord. 124301, § 4, 2013; Ord. 120887, § 3, 2002; Ord. 115649, § 1, 1991; Ord. 107309, § 2, 1978; Ord. 107232, § 1, 1978; Ord. 102843, § 12A.01.150, 1973.)
