From "Peace Officer's Pocket Guide to the Revised Code of Washington, 1998-99". ------------ 9A.04.110 (4)(a) "Bodily injury", "physical injury", or "bodily harm" means physical pain or injury, illness, or impairment of physical condition; (b) "Substantial bodily harm" means bodily injury which involves a temporary but substantial disfigurement, or which causes a temporary but substantial loss or impairment of any bodily part; (c) "Great bodily harm" means bodily injury which creates a probability of death, or which causes significant serious permanent disfigurement, or which causes significant permanent loss or impairment of any bodily part or organ ------------- 9A.36.011 Assault I -->A Fel ...with intent to inflict great bodily harm... 9A.36.021 Assault II-->B Fel (a) Intentionally assaults another and thereby recklessly inflicts substantial bodily harm; ... (f) Knowingly inflicts bodily harm which by design causes pain or agony as to be equivalent of that produced by torture. 9A.36.031 Assault III-->C Fel (d) With criminal negligence, causes bodily harm to another person by means of a weapon or other instrument or thing likely to produce bodily harm; ... (f) With criminal negligence, causes bodily harm accompanied by pain that extends for a period sufficient to cause considerable suffering; ... (g) Assaults a law enforcement officer or other employee of a law enforcement agency who was performing his or her official duty at the time of the assault. ----------------- 9A.76.020 Obstructing a law enforcement officer-->Gross misd (1) A person is guilty of obstructing a law enforcement officer if that person willfully delays, hinders, or obstructs any law enforcement officer in the discharge of his or her official duties. ----------------- 9A.80.010 Official misconduct-->Gross misd (1) A public servant is guilty of official misconduct if, with intent to obtain a benefit or to deprive another person of a lawful right or privilege: (a) He intentionally commits an unauthorized act under color of law; or (b) He intentionally refrains from performing a duty imposed upon him by law. -------------- 9A.84.010 Riot-->C Fel (1) A person is guilty of the crime of riot if, acting with three or more other persons, he knowingly and unlawfully uses or threatens to use force, or in any way participates in the use of such force, against any other person or against property. (2) The crime of riot is: (a) A class C felony , if the actor is armed with a deadly weapon, (b) A gross misdemeanor in all other cases ----------------- 9A.84.020 Failure to disperse-->Misd (1) A person is guilty of failure to disperse if: (a) He congregates with a group of three or more other persons and there are acts of conduct within that group which create substantial risk of causing injury to any person, or substantial harm to property; and (b) He refuses or fails to to disperse when ordered to do so by a peace officer or other public servant engaged in enforcing the law or executing the law. ================================= Analysis: How will these laws be applied in the case of police activities in the past week? Even lawyers can only guess what the courts will eventually decide. But it is up to citizens to determine what we *mean* by these laws, and to go back to the legislature for corrections if the courts get it wrong. In the context of what we *mean*, my current impression is that: a) The decision to *not* arrest the vandals early on was official misconduct. The decision to later avoid areas where vandals roamed (and were watched by TV crews) and to instead concentrate all forces on nonviolent protesters was official misconduct. b) The decision to use vandalism to justify declaration of civil emergency was official misconduct. This was intended to justify riot-style response, which avoided the protesters' willingness to clog the courts with misdemeanor arrests. Notice that a riot requires not just 3 people, but it also requires use of force -- and only the police were doing that in the videos I've seen. c) Given that the police were acting under "color of law", they were not performing official duties. Thus the attacks were simply those of individual citizens upon their neighbors. The decision to attack nonviolent protesters with tear gas and rubber bullets in lieu of simply arresting them was assault III. The "out of control" police (as in the video of the groin kick) were assault II. Smashing of teeth and other permanent disfigurements qualify as assault I.