AN
ACT Relating to harassment and stalking through the use of electronic
communications; amending RCW 9A.46.020, 9A.46.110, and 10.14.020; and creating
a new section.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. It is
the intent of this act to clarify that electronic communications are included
in the types of conduct and actions that can constitute the crimes of
harassment and stalking. It is not the intent of the legislature, by adoption
of this act, to restrict in any way the types of conduct or actions that can
constitute harassment or stalking.
Sec.
2. RCW
9A.46.020 and 1997 c 105 s 1 are each amended to read as follows:
(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.
Sec.
3. RCW
9A.46.110 and 1994 c 271 s 801 are each amended to read as follows:
(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 ((detective)) 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.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 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.
Sec.
4. RCW
10.14.020 and 1995 c 127 s 1 are each amended to read as follows:
Unless
the context clearly requires otherwise, the definitions in this section apply
throughout this chapter.
(1)
"Unlawful harassment" means a knowing and willful course of
conduct directed at a specific person which seriously alarms, annoys, harasses,
or is detrimental to such person, and which serves no legitimate or lawful
purpose. The course of conduct shall be such as would cause a reasonable
person to suffer substantial emotional distress, and shall actually cause substantial
emotional distress to the petitioner, or, when the course of conduct is contact
by a person over age eighteen that would cause a reasonable parent to fear for
the well-being of their child.
(2) "Course of conduct" means a pattern of conduct composed
of a series of acts over a period of time, however short, evidencing a
continuity of purpose. "Course of conduct" includes, in addition
to any other form of communication, contact, or conduct, the sending of an
electronic communication. Constitutionally protected activity is not
included within the meaning of "course of conduct."
