City of Spokane v. White

Brown, A.C.J.

— After we granted discretionary review, *958Jeffrey D. White, Vernon S. Deno and Maurice R. Simon challenged separate superior court decisions affirming their municipal court convictions for assault (domestic violence) under Spokane Municipal Code (SMC) 10.11.010. The primary issue in their consolidated appeals is the ordinance’s constitutionality in light of the use of the less culpable term “wilfully” to describe the necessary mental state rather than “intent” as in the corresponding state crimes. Because (1) “wilfully” equates with “knowledge” and (2) a municipality may legislate…