Chapter 9.42
HARASSMENT, STALKING
Sections:
9.42.010 Telephone harassment.
9.42.020 Harassment – Definition – Penalties.
9.42.030 Stalking.
9.42.900 Statutes incorporated by reference.
9.42.010 Telephone harassment.
Other than where a person has been charged with this offense under circumstances where (a) that person has previously been convicted of any crime of harassment as defined in RCW 9A.46.060 with 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) that person harasses another person by threatening to kill the person threatened or any other person; 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 lewd or lascivious act; or (2) anonymously or repeatedly or at 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. (Ord. 5682 § 1, 2002.)
9.42.020 Harassment – Definition – Penalties.
A. Other than where a person has been charged with this offense under circumstances where (a) the person has previously been convicted of the crime of harassment as defined in RCW 9A.46.060 of 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, or (b) the person harasses another person under RCW 9A.46.020 (1)(a)(I) by threatening to kill the person threatened or any other person; a person is guilty of harassment if:
1. Without lawful authority, the person knowingly threatens:
a. To cause bodily injury in the future to the person threatened or to any other person; or
b. To cause physical damage to the property of a person other than the actor; or
c. To subject the person threatened or any other person to physical confinement or restraint; or
d. 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
2. The person by words or conduct places the person threatened in reasonable fear that the threat will be carried out.
B. Violation of this section shall be a gross misdemeanor. The penalty provided for this section does not preclude the victim from seeking any other remedy otherwise available under law. (Ord. 5682 § 1, 2002.)
9.42.030 Stalking.
A. Other than where a person has been charged with this offense under circumstances where (a) the stalker has previously been convicted 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 stalker 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 RCW 9A.46.110 for stalking another person, (d) the stalker was armed with a deadly weapon as defined in RCW 9.94A.125 while stalking the person, (e) the stalker’s victim is or was a law enforcement officer, judge, juror, attorney, victim advocate, legislator or community corrections 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; a person commits the crime of stalking if, without lawful authority and under circumstances not amounting to a felony attempt of another crime:
1. He or she intentionally and repeatedly harasses or repeatedly follows another person; and
2. 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
3. The stalker either:
a. Intends to frighten, intimidate or harass the person; or
b. 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 of intimidation or harass the person.
B. A person who stalks another person under this section is guilty of a gross misdemeanor.
C. It is not a defense to the crime of stalking under subsection (A)(3)(a) of this section that a stalker was not given actual notice that the person did not want the stalker to contact or follow the person. It is not a defense to the crime of stalking under subsection (A)(3)(b) of this section that the stalker did not intend to frighten, intimidate or harass the person. It shall be a defense to the crime of stalking that the defendant is a licensed private detective acting within the capacity of his or her license as provided by Chapter 18.165 RCW. (Ord. 5682 § 1, 2002.)
9.42.900 Statutes incorporated by reference.
The following statutes are incorporated in this chapter by reference:
RCW
9.61.240 Telephone harassment – Permitting telephone to be used
9.61.250 Telephone harassment – Offense, where deemed committed
9A.46.030 Place where committed
9A.46.040 Court-ordered requirements upon person charged with crime – Violation
9A.46.050 Arraignment – No-contact order
9A.46.060 Crimes included in harassment
9A.46.080 Order restricting contact – Violation
9A.46.090 Nonliability of peace officer
9A.46.100 “Convicted,” time when
9A.46.110(6) Stalking [Definitions]
10.14.170 Criminal penalty [Harassment]
(Ord. 5682 § 1, 2002.)