Chapter 9.14
HARASSMENT
Sections:
9.14.030 Charge--Court appearance.
9.14.040 Defendant released from custody--Further directives.
9.14.060 Penalties not exclusive.
9.14.010 Defined.
A person is guilty of harassment if:
A. Without lawful authority, the person knowingly threatens:
1. To cause bodily injury in the future to the person threatened or to any other person; or
2. To cause physical damage to the property of a person other than the actor; or
3. To subject the person threatened or any other person to physical confinement or restraint; or
4. 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.
B. 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 ensures; 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.
C. He maliciously and with the intent to intimidate or harass another person because of that person’s race, color, religion, ancestry, national origin, or mental, physical, or sensory handicap:
1. Causes physical injury to another person; or
2. By words or conduct places another person in reasonable fear of harm to his person or property or harm to the person or property of a third person; provided, however, that it shall not constitute malicious harassment for a person to speak or act in a critical, insulting, or deprecatory way so long as his or her words or actions do not constitute a threat of harm to the body or property of another person; or
3. Causes physical damage to or destruction of the property of another person. (Ord. 803 §1, 1985).
9.14.020 Location of offense.
Any harassment offense committed as set forth in Section 9.14.010 shall be deemed to have been committed where the conduct occurred or at the place which the threat or threats were made or at the place where the threat or threats were received. (Ord. 803 §2, 1985).
9.14.030 Charge--Court appearance.
A defendant who is charged by citation, complaint, or information with an offense involving harassment and not arrested shall appear in court for arraignment in person as soon as practicable, but in no event later than fourteen days after the next day on which court is in session following the issuance of the citation or the filing of the complaint or information. At that appearance, the court shall determine the necessity of imposing a no-contact or no-harassment order or other conditions of pretrial release according to the procedures established by court rule for preliminary appearance or an arraignment. (Ord. 803 §3, 1985).
9.14.040 Defendant released from custody--Further directives.
A. Because of the likelihood of repeated harassment directed at those who have been victims of harassment in the past, when any defendant charged with a crime involving harassment is released from custody before trial on bail or personal recognizance, the court authorizing the release may require that the defendant:
1. Stay away from the home, school, business, or place of employment of the victim or victims of the alleged offense or other location, as shall be specifically named by the court in the order;
2. Refrain from contacting, intimidating, threatening, or otherwise interfering with the victim or victims of the alleged offense and such other persons, including but not limited to members of the family or household of the victim, as shall be specifically named by the court in the order.
B. If the court has probable cause to believe that the defendant is likely to use or display or threaten to use a deadly weapon as defined in RCW 9A.04.110 in any further acts of harassment or violence, the court may also require the defendant to surrender temporarily any deadly weapon in the defendant’s immediate possession or control, or subject to the defendant’s immediate possession or control, to the sheriff of the county or chief of police of the municipality in which the defendant resides or to the defendant’s counsel for safekeeping.
C. An intentional violation of a court order issued under this section is a misdemeanor. The written order releasing the defendant shall contain the court’s directives and shall bear the legend: "Violation of this order is a criminal offense under Ordinance Number 803 of the City of Elma." A certified copy of the order shall be provided to the victim by the clerk of the court. (Ord. 803 §4, 1985).
9.14.050 Violation--Penalty.
Any person who is found guilty of having violated the provisions of this chapter shall be subject to a fine of up to one thousand dollars and a jail sentence of up to six months. (Ord. 803 §5, 1985).
9.14.060 Penalties not exclusive.
The penalties provided for violation of this chapter shall not be deemed to preclude the victim from seeking any other remedy otherwise available to the victim under law. (Ord. 803 §6, 1985).