ORD 11-703ORDINANCE NO. 11-703
AN ORDINANCE of the City of Federal Way, Washington, relating to
identity theft; creating a new section 6.40.025 of the Federal Way
Revised Code.
WHEREAS, the crime of identity theft as outlined in the Revised Code of Washington is a
felony;
WHEREAS, identity theft cases that result in a loss to the victim of less than $1,000.00 are
on occasion being declined by King County prosecutors; and
WHEREAS, Federal Way does not currently have a crime of misdemeanor identity theft; and
WHEREAS, the City Council finds that the creation of a new FWRC 6.40.025 is in the best
interests of the residents of the City of Federal Way;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DOES ORDAIN AS FOLLOWS:
Section 1. The sections list of Chapter 6.40 FWRC is hereby revised as follows:
Chapter 6.40
DISHONESTY
Sections:
6.40.010 Frauds and swindles.
6.40.020 False representations.
6.40.025 Identitv theft, nonfelonv.
6.40.030 Forgery, nonfelony.
6.40.040 Brand and marks, crimes relating to.
6.40.050 Massage practitioners.
6.40.060 Crimes involving business regulations.
6.40.070 Crimes involving pawnbrokers and secondhand dealers.
Section 2. A new section 6.40.025 is hereby adopted as follows:
6.40.025 Identitv Theft, nonfelonv.
j1) Definitions. The followinq definitions are applicable in this chapter unless the context
otherwise requires
(a) "Financial information" means anv of the followinq information identifiable to the
individual that concems the amount and conditions of an individual's assets, liabilities, or credit:
(i) Account numbers and balances
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(ii) Transactional information concerninq an account; and
(iii) Codes, passwords, social security numbers, tax identification numbers, driver's
license or permit numbers, state identicard numbers issued bv the department of licensinq, and
other information held for the purpose of account access or transaction initiation.
(b) "Means of identification" means information or an item that is not describina finances
or credit but is personal to or identifiable with an individual or other person, includinq: A current
or former name of the person, telephone number, an electronic address, or identifier of the
individual or a member of his or her family, includinq the ancestor of the person: information
relatinq to a chanqe in name, address, teleqhone number, or electronic address or identifier of
the individual or his or her familv: a social security, driver's license, or tax identification number of
the individual or a member of his or her familv; and other information that could be used to
identifv the person, includinq unique biometric data.
(c) "Victim" means a person whose means of identification or financial infor'mation has
been obtained, used or transferred with the intent to commit, or to aid or abet, anv unlawful
activi .
(2) A person is quiltv of identitv theft, nonfelonv, if he or she knowinqlv obtains, possesses,
uses, or transfers a means of identification or financial information of another qerson, livinq or
dead, with the intent to commit, or to aid or abet, anv crime and the total amount of loss bv the
victim(s) of the identitv theft is less than $1,000.
(3) A person who violates this section is liable for civil damaqes of $1,000 or actual
damaqes, whichever is qreater, includinq costs to repair the victim's credit record, and
reasonable attornevs' fees as determined bv the court.
(4) In a proceedinq under this section, the crime will be considered to have been committed
in anv localitv where the person whose means of identification or financial information was
appropriated resides, or in which anv qart of the offense took place, reqardless of whether the
defendant was ever actuallv in that localitv.
(5) The provisions of this section do not applv to anv person who obtains another person's
driver's license or other form of identification for the sole purpose of misrepresentinq his or her
aqe•
�6) Identitv Theft, nonfelonv, is a qross misdemeanor.
(7) This section is intended to supplement citv iurisdiction in cases of identitv theft declined
bv the countv. If a person is charqed with identitv theft under state law for a particular incident,
thev shall not be charqed under this section. If a state aaencv wishes to charqe an identitv theft
case under state law the citv shall dismiss its case to allow that to happen.
Section 3. Severabilitv. Should any section, subsection, paragraph, sentence, clause, or
phrase of this chapter, or its application to any person or situation, be declared unconstitutional or
invalid for any reason, such decision shall not affect the validity of the remaining portions of this
chapter or its application to any other person or situation. The City Council of the City of Federal
Way hereby declares that it would have adopted this chapter and each section, subsection,
sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses, phrases, or portions be declared invalid or
Ordinance No. 11-703 Page 2 of 3
unconstitutional.
Section 4. Corrections. The City Clerk and the codifiers of this ordinance are authorized
to make necessary corrections to this ordinance including, but not limited to, the correction of
scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any
references thereto.
Section 5. Ratification. Any act consistent with the authority and prior to the effective
� dafe of this ordinance is hereby ratified and affirmed.
Section 6. Effective Date. This ordinance shall take effect and be in force thirty (30) days
from and after its passage and publication, as provided by law.
PASSED by the City Council of the City of Federal Way this 4 day of October 2011.
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ATTEST:
CITY CLERK, CARO MC LY, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK: 9-13-2011
PASSED BY THE CITY COUNCIL: 10-4-2011
PUBLISHED: 10-8-2011
EFFECTIVE DATE: 11-7-2011
ORDINANCE NO.: 11-703
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