HOUSE BILL ANALYSIS

                  HB 1011

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, Morris, Hurst, Conway, McIntire, Kessler, Keiser, Mitchell, Ballasiotes, Dickerson, Cody, Haigh, Rockefeller, Lantz and Wood.

                    Brief Summary of Bill

CClarifies that electronic communications are included in the crime of harassment.

CClarifies that electronic communications are included in the crime of stalking.

CClarifies that electronic communications are included in the definition of unlawful harassment for purposes of obtaining a protection order.

HOUSE COMMITTEE ON JUDICIARY

Staff:  Jim Morishima (786-7191).

Background:

A person who is harassed by another may obtain relief in two ways.  First, the person may bring criminal charges against the person doing the harassing.  Second, the person may obtain a civil antiharassment protection order against the person doing the harassing.

I.  Criminal Sanctions:

There are two crimes that deal directly with harassment:  criminal harassment and criminal stalking.

A.  Criminal Harassment:

A person is guilty of criminal harassment if he or she threatens to harm another person and places the threatened person in reasonable fear that the threat will be carried out by Awords or conduct.@

B.  Criminal Stalking:

A person is guilty of criminal stalking if he or she repeatedly harasses or follows another person and places that person in reasonable fear of harm.  In order to be guilty of stalking, the stalker must intend to place the person in fear of harm.  An attempt to Acontact@ the person after being given actual notice that the person does not want to be contacted constitutes prima facie evidence that the stalker intends to place the person in reasonable fear of harm.

II.  Antiharassment Protection Orders:

A person being harassed by another may petition a court for an antiharassment protection order.  The court must grant the petition if it finds that unlawful harassment exists.  Unlawful harassment means a Acourse of conduct@ aimed at a person which alarms, annoys, harasses, or is detrimental to that person and serves no other lawful purpose.  ACourse of conduct@ means a pattern of conduct evidencing a continuity of purpose.  ACourse of conduct@ does not include any constitutionally protected activity.

Summary of Bill:

I.  Criminal Sanctions:

A.  Criminal Harassment:

AWords or conduct@ that place the person in reasonable fear that the threat will be carried out include, in addition to any other form of communication or conduct, the sending of an electronic communication.

B.  Criminal Stalking:

AContact@ after the stalker is given notice that the person being stalked does not want to be contacted includes, in addition to any other form of contact or communication, the sending of an electronic communication.

II.  Antiharassment Protection Orders:

ACourse of conduct@ for purposes of defining Aunlawful harassment@ includes, in addition to any other form of contact or communication, the sending of an electronic communication.

Fiscal Note:  Not requested.

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

                 Office of Program Research