Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

Public Safety & Emergency Preparedness Committee

SSB 6398

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Brief Description: Adding the definition of threat to malicious harassment provisions.

Sponsors: Senate Committee on Judiciary (originally sponsored by Senators Kline, McDermott, Keiser, Hobbs, Murray, Jacobsen, Kohl-Welles and Gordon).

Brief Summary of Substitute Bill

  • Defines "threat" for the offense of malicious harassment as the direct or indirect communication of the intent to cause bodily injury or physical damage immediately or in the future.

Hearing Date: 2/17/10

Staff: Alexa Silver (786-7190).

Background:

A person is guilty of malicious harassment if he or she maliciously and intentionally commits certain acts because of the victim's race, color, religion, ancestry, national origin, gender, sexual orientation, or mental, physical, or sensory handicap. Those acts include:

Words alone do not rise to the level of malicious harassment unless the circumstances indicate that the words are a threat. Threatening words do not rise to the level of malicious harassment if it is apparent that the person making the threat does not have the ability to carry it out.

"Threat" is defined in the criminal code as directly or indirectly communicating the intent to cause bodily injury in the future to any person or to cause physical damage to property. In 2008 the Court of Appeals issued an opinion in which it found insufficient evidence of a threat under the malicious harassment statute, because the statute covers only threats to cause bodily injury in the future rather than immediately.

Malicious harassment is a class C felony with a seriousness level of IV. A victim may also bring a civil action against the harasser for actual damages, punitive damages up to $10,000, and reasonable attorneys' fees and costs.

Summary of Bill:

For the purposes of the offense of malicious harassment, the term "threat" means to communicate, either directly or indirectly, the intent to cause bodily injury to any person immediately or in the future. "Threat" also means to communicate, either directly or indirectly, the intent to cause physical damage to the property of any person immediately or in the future.

Appropriation: None.

Fiscal Note: Not requested.

Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.