HOUSE BILL ANALYSIS

HB 2441

Title:An act relating to harassment and stalking through the use of electronic communications. 

Brief Description:Clarifying that electronic communications are included in the crimes of harassment and stalking. 

Sponsors:Representatives Scott, Sheahan, Costa, Radcliff, Constantine, and Hatfield. 

House Committee on Criminal Justice and Corrections

Hearing Date:January 30, 1998. 

Prepared By:Mark G. Hamilton, Counsel (786-7310). 

Background:Crime of Harassment.  Currently, the crime of harassment includes threatening words or conduct which place a person threatened in reasonable fear that the threat will be carried out. 

Crime of Stalking.  Currently, the crime of stalking includes the repeated harassment or following of a person which puts that person in fear of injury to him- or herself, another, or his, her, or another=s property.  In addition, the stalker must either intend to frighten, intimidate, or harass the person, or must reasonably have known that his or her actions would lead to such fear, intimidation, or harassment.  An attempt 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. 

Civil Harassment Protection.  A civil antiharassment order may be made by a court, upon a showing that a person has engaged in an Acourse of conduct@ aimed at Aunlawful harassment@ of another person.  Currently, Acourse of conduct@ is defined to mean Aa pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose.@  However, Acourse of conduct@ does not include constitutionally protected activity. 

Summary:Section 1. Legislative Intent.  States that intent is to clarify that electronic communications are included in the types of conduct and actions which may constitute the crimes of harassment and stalking, but that this act is not meant in any way to limit what may constitute those crimes. 

Section 2.  Amends RCW 9A.46.020(1)(b) as follows: 

Crime of Harassment C Definition of AWords or Conduct.@  Clarifies that Awords or conduct@ which places a threatened person in reasonable fear that the threat will be carried out includes, Ain addition to any other form of communication or conduct, the sending of an electronic communication.@

Section 3.  Amends RCW 9A.46.110(4) as follows: 

Crime of Stalking C Definition of AContact.@  An attempt to contact a person after being given actual notice that the person does not want to be contacted is prima facie evidence that the stalker intends to intimidate or harass the person.  This bill clarifies that Acontact@ includes the sending of an electronic communication to the person contacted. 

Section 4.  Amends RCW 10.14.020(2) as follows: 

Civil Harassment Protection C Definition of ACourse of Conduct.@  Adds sending of an electronic communication, in addition to any other form of communication, to the definition of Acourse of conduct,@ for use in determining whether a civil antiharassment order should be issued. 

Rules Authority:No. 

Fiscal Note:Requested January 22, 1998. 

Effective Date:Ninety days after adjournment of session in which bill is passed.