You're Reading...
Our case

Understanding harassment & stalking in Washington state-Under Law

Washington State Law Stalking Harassment Telephone harassment

This page lists the most applicable state crimes addressing stalking. However, depending on the facts of the case, a stalker might also be charged with other crimes, such as trespassing, intimidation of a witness, breaking and entering, etc. Check your state code or consult with your local prosecutor about other charges that might apply in a particular case.

Stalking
Rev. Code Wash. § 9A.46.110. Stalking.

(1) A person commits the crime of stalking if, without lawful authority and under circumstances not amounting to a felony attempt of another crime:

(a) He or she intentionally and repeatedly harasses or repeatedly follows another person; and

(b) The person being harassed or followed is placed in fear that the stalker intends to injure the person, another person, or property of the person or of another person. The feeling of fear must be one that a reasonable person in the same situation would experience under all the circumstances; and

(c) The stalker either:

(i) Intends to frighten, intimidate, or harass the person; or

(ii) Knows or reasonably should know that the person is afraid, intimidated, or harassed even if the stalker did not intend to place the person in fear or intimidate or harass the person.

(2) (a) It is not a defense to the crime of stalking under subsection (1)(c)(i) of this section that the stalker was not given actual notice that the person did not want the stalker to contact or follow the person; and

(b) It is not a defense to the crime of stalking under subsection (1)(c)(ii) of this section that the stalker did not intend to frighten, intimidate, or harass the person.

(3) It shall be a defense to the crime of stalking that the defendant is a licensed private investigator acting within the capacity of his or her license as provided by chapter 18.165 RCW.

(4) Attempts to contact or follow the person after being given actual notice that the person does not want to be contacted or followed constitutes prima facie evidence that the stalker intends to intimidate or harass the person. “Contact” includes, in addition to any other form of contact or communication, the sending of an electronic communication to the person.

(5) A person who stalks another person is guilty of a gross misdemeanor except that the person is guilty of a class C felony if any of the following applies: (a) The stalker has previously been convicted in this state or any other state of any crime of harassment, as defined in RCW 9A.46.060, of the same victim or members of the victim’s family or household or any person specifically named in a protective order; (b) the stalking violates any protective order protecting the person being stalked; (c) the stalker has previously been convicted of a gross misdemeanor or felony stalking offense under this section for stalking another person; (d) the stalker was armed with a deadly weapon, as defined in *RCW 9.94A.602, while stalking the person; (e) the stalker’s victim is or was a law enforcement officer, judge, juror, attorney, victim advocate, legislator, or community correction’s officer, and the stalker stalked the victim to retaliate against the victim for an act the victim performed during the course of official duties or to influence the victim’s performance of official duties; or (f) the stalker’s victim is a current, former, or prospective witness in an adjudicative proceeding, and the stalker stalked the victim to retaliate against the victim as a result of the victim’s testimony or potential testimony.

(6) As used in this section:

(a) “Follows” means deliberately maintaining visual or physical proximity to a specific person over a period of time. A finding that the alleged stalker repeatedly and deliberately appears at the person’s home, school, place of employment, business, or any other location to maintain visual or physical proximity to the person is sufficient to find that the alleged stalker follows the person. It is not necessary to establish that the alleged stalker follows the person while in transit from one location to another.

(b) “Harasses” means unlawful harassment as defined in RCW 10.14.020.

(c) “Protective order” means any temporary or permanent court order prohibiting or limiting violence against, harassment of, contact or communication with, or physical proximity to another person.

(d) “Repeatedly” means on two or more separate occasions.

Harassment
Rev. Code Wash. § 9A.46.020. Definition — Penalties.

(1) A person is guilty of harassment if:

(a) Without lawful authority, the person knowingly threatens:

(i) To cause bodily injury immediately or in the future to the person threatened or to any other person; or

(ii) To cause physical damage to the property of a person other than the actor; or

(iii) To subject the person threatened or any other person to physical confinement or restraint; or

(iv) Maliciously to do any other act which is intended to substantially harm the person threatened or another with respect to his or her physical or mental health or safety; and

(b) The person by words or conduct places the person threatened in reasonable fear that the threat will be carried out. “Words or conduct” includes, in addition to any other form of communication or conduct, the sending of an electronic communication.

(2) A person who harasses another is guilty of a gross misdemeanor punishable under chapter 9A.20 RCW, except that the person is guilty of a class C felony if either of the following applies: (a) The person has previously been convicted in this or any other state of any crime of harassment, as defined in RCW 9A.46.060, of the same victim or members of the victim’s family or household or any person specifically named in a no-contact or no-harassment order; or (b) the person harasses another person under subsection (1)(a)(i) of this section by threatening to kill the person threatened or any other person.

(3) The penalties provided in this section for harassment do not preclude the victim from seeking any other remedy otherwise available under law.

Telephone Harassment
Rev. Code Wash. § 9.61.230. Telephone harassment.

Every person who, with intent to harass, intimidate, torment or embarrass any other person, shall make a telephone call to such other person:

(1) Using any lewd, lascivious, profane, indecent, or obscene words or language, or suggesting the commission of any lewd or lascivious act; or

(2) Anonymously or repeatedly or at an extremely inconvenient hour, whether or not conversation ensues; or

(3) Threatening to inflict injury on the person or property of the person called or any member of his or her family or household;

shall be guilty of a gross misdemeanor, except that the person is guilty of a class C felony if either of the following applies:

(a) That person has previously been convicted of any crime of harassment, as defined in RCW 9A.46.060, with the same victim or member of the victim’s family or household or any person specifically named in a no-contact or no-harassment order in this or any other state; or

(b) That person harasses another person under subsection (3) of this section by threatening to kill the person threatened or any other person.

wordpress visitor
Advertisements

About Brandia

I am an animals rescuer, a mother, a grandmother, a minister, & a human being who is tired of all the corruption going on in our state.

Discussion

One thought on “Understanding harassment & stalking in Washington state-Under Law

Leave a Reply

Please log in using one of these methods to post your comment:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

Please Consider a Donation

We couldn't do this without you!
wordpress visitors
Snohomish County Sheriff's Watch

Keeping An Eye On Those In Power

Research Advocates NW

Finding Answers To Life's Mysteries

Trump Tracker

Keeping Track of the 45th's Alternative Facts

Missing and Murdered of Snohomish County

Because all life matters and none should be forgotten

Washington Activist

Private Information Sharing for Washington Activists

Real Estate Scams

Broken Dreams... Broken Lives

Political Fails

When politics, government and Social Media collide

Snohomish County campus News

The back story you don't get from mainstream news

WA Social Justice Initiative

A grassroots community to help attain "Justice" for those unable to go it alone.

JONATHAN TURLEY

Res ipsa loquitur ("The thing itself speaks")

John Wills Lloyd

These are some personal views about living, loving, hoping, and such.

Fighting Corruption In Stevens County

The struggle for freedom lives here

Rose Marie Adams

The Evil That Lurks Within

Corrupt Washington

Fighting For Change

Did You Check First?

It's fine to have an opinion. It's better to know the facts.

Real Mommies and Daddies of the Real America and our Children who Want to Come Home

FAMILY COURT FRAUD AND CPS CORRUPTION, MATERNAL DEPRIVATION, GOVERNMENT CORRUPTION, WAR ON WOMEN AND CHILDREN, ATTACK ON AMERICAN FAMILY

The Lizard Farmer

"You can't starve us out and you can't make us run 'cause we're them old boys raised on shotguns" -Bocephus

www.TheReaganWing.com

“Government is not the solution to our problem; government is the problem.”~ Ronald Reagan, Jan. 20, 1981

cultiv8hopedianawinslowmsw

Call for compliance with 2010 UN Human Rights Sexual Assault Response

Protecting Peoples Rights

The sworn duty of all public servants

wjr5006's Blog

Police Accountability

Rcooley123's Blog

Rick Cooley's Blog

plsef

Social Justice

No Loss for Words

Thoughts from a Back Bencher!

moviejoltz

The website where movies count

We Hold These Truths To Be Self-Evident

that all men are created equal

Boomerang Zone

the score is oogy to boogy

Corrigan's Cookday

Economic Gourmet Meal Experiences

Free Obituaries & Memorials

In Loving Memory of Those We Have Loved & Those We Have Loved

The Unraveling

Just another WordPress.com weblog

Spokane Police Abuses: Past to Present

The People of Spokane vs. Law Enforcement Abuse, Impunity, Corruption, and Cover-up

Spiritual Man

The Journey to a Spiritual Life

bmr250

A topnotch WordPress.com site

WatchBlog: Official Blog of the U.S. Government Accountability Office

GAO provides fact-based, nonpartisan information to Congress. The WatchBlog offers short, shareable insights from GAO reports on a wide variety of topics.

Katzenworld

Welcome to the world of cats!

Tuck The Law Dog

TuckTheLawDogWordPress.com site

Corrupt WA

"At the core of the rotten onion is a corrupt lawyer"

Snohomish County Reporter

Standing for those who cannot stand for themselves

Stop Corrupt DSS

Corruption in the Department of Social Services System

lsnewsspot

Lake Stevens news source. Your community news source by choice. On Twitter @LSNewsSpot. Send news tips to: Lsnewstips@gmail.com

Queen City +Addendum

Years ago, I thought up the name Queen. It's just a name. But it's regal, obviously, and -sounds splendid. ~ Freddie Mercury

Roger Goodman - Not A Good Man

The truth has finally come out... and it's not pretty.

Straight from the Horse's Heart

A Spiritual Ride through Love, Loss and Hope

Animal Law News & Abuse

Animal Rescuer & Owner resource site: news, views, civil rights, & politics

Dairy Carrie

Live, Love, Eat Cheese

Don Charisma

because anything is possible with Charisma

%d bloggers like this: