10.12.010 Definitions.
The following definitions are applicable in this chapter unless the context otherwise requires:
A. “Custody” means restraint pursuant to a lawful arrest or an order of a court; provided, that custody pursuant to Chapters 13.32A and 13.34 RCW and RCW 74.13.020 and 74.13.031 shall not be deemed custody for purposes of this chapter.
B. “Oath” includes an affirmation and every other mode authorized by law of attesting to the truth of that which is stated in this chapter, written statements shall be treated as if made under oath if:
1. The statement was made on or pursuant to instructions on an official form bearing notice, authorized by law, to the effect that false statements made therein are punishable;
2. The statement recites that it was made under oath, the declarant was aware of such recitation at the time he made the statement, intended that the statement would be represented as a sworn statement, and the statement was in fact so represented by its delivery or utterance with the signed jurat of an officer authorized to administer oaths appended thereto; or
3. It is a statement, declaration, verification, or certificate, made within or outside the state of Washington, which is certified or declared to be true under penalty of perjury as provided in RCW 9A.72.085.
C. An oath is “required or authorized by law” when the use of the oath is specifically provided for by statute, ordinance or regulatory provision.
D. “Official proceeding” means a proceeding before any judicial, legislative or administrative body or officer, wherein sworn statements are received, and includes any referee, hearing examiner, commissioner, notary or other person taking sworn statements in connection with such proceedings.
E. “Testimony” means oral or written statements that may be offered by a witness in an official proceeding.
F. “Uncontrollable circumstances” means an act of nature such as a flood, earthquake, or fire, or a medical condition that requires immediate hospitalization or treatment, or an act of man such as an automobile accident or threats of death, forcible sexual attack, or substantial bodily injury in the immediate future for which there is no time for a complaint to the authorities and no time or opportunity to resort to the courts. (Ord. 2540-01 § 2, 2001; Ord. 1145-85 § 64, 1985.)
Amended during 1-88 supplement.