Washington
This page lists the most applicable state crimes
addressing stalking. However, depending on the facts of the case, a stalker
might also be charged with other crimes, such as trespassing, intimidation
of a witness, breaking and entering, etc. Check your state code or consult
with your local prosecutor about other charges that might apply in a
particular case.
Stalking
Harassment
Related Offenses
Also See: Washington Civil Stalking Law
Analyzing Stalking Laws
Rev. Code Wash. (ARCW) § 10.14.020. Definitions. (2011)
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "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, but does not include
constitutionally protected free speech. Constitutionally protected activity is
not included within the meaning of "course of
conduct."
(2) "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 would cause a reasonable parent to
fear for the well-being of their child.
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Stalking
Rev. Code Wash. (ARCW) § 9A.46.110. Stalking. (2007)
(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 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) Except as provided in
(b) of this subsection, a person who stalks another person is guilty of a
gross misdemeanor.
(b) A person who stalks another is guilty of a
class C felony if any of the following applies: (i) 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; (ii) the stalking violates any protective order protecting the person being stalked; (iii) the
stalker has previously been convicted of a gross misdemeanor or felony stalking offense under this section for stalking another person; (iv) the stalker was armed with a deadly weapon, as defined in RCW
9.94A.602, while stalking the person; (v)(A) the stalker's victim is or was a law enforcement officer;
judge; juror; attorney; victim advocate; legislator; community corrections'
officer; an employee, contract staff person, or volunteer of a correctional
agency; or an employee of the child protective, child welfare, or adult
protective services division within the department of social and health
services; and (B) 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 (vi) 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) "Correctional agency" means a
person working for the department of natural resources in a correctional
setting or any state, county, or municipally operated agency with the
authority to direct the release of a person serving a sentence or term of
confinement and includes but is not limited to the department of corrections,
the indeterminate sentence review board, and the department of social and
health services.
(b) "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.
(c) "Harasses" means unlawful
harassment as defined in RCW
10.14.020.
(d) "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.
(e) "Repeatedly" means on two or
more separate occasions.
Rev. Code Wash. (ARCW) § 9.61.260. Cyberstalking. (2004)
(1) A
person is guilty of cyberstalking if he or she, with intent to harass, intimidate, torment, or embarrass any
other person, and under circumstances not constituting telephone harassment,
makes an electronic communication to such other person or a third
party:
(a) Using
any lewd, lascivious, indecent, or obscene words, images, or language, or
suggesting the commission of any lewd or lascivious act;
(b) Anonymously or repeatedly
whether or not conversation occurs; or
(c) Threatening to inflict injury on
the person or property of the person called or any member of his or her family
or household.
(2) Cyberstalking is a gross misdemeanor, except
as provided in subsection (3) of this section.
(3) Cyberstalking is a class C felony if either
of the following applies:
(a) The
perpetrator has previously been convicted of the crime of harassment, as
defined in RCW
9A.46.060, with the same victim or a member of the victim's family or
household or any person specifically named in a no-contact order or
no-harassment order in this or any other state; or
(b) The
perpetrator engages in the behavior prohibited under subsection (1)(c) of this
section by threatening to kill the person threatened or any other
person.
(4) Any
offense committed under this section may be deemed to have been committed
either at the place from which the communication was made or at the place
where the communication was received.
(5) For
purposes of this section, "electronic communication" means the transmission of
information by wire, radio, optical cable, electromagnetic, or other similar
means. "Electronic communication" includes, but is not limited to, electronic
mail, internet-based communications, pager service, and electronic text
messaging.
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Harassment
Rev. Code Wash. (ARCW) § 9A.46.020. Harassment. Definition -- Penalties. (2011)
(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) Except as provided in
(b) of this subsection, a person who harasses another is guilty of
a gross misdemeanor.
(b) A person who harasses another is guilty of a
class C felony if any of the following apply: (i) 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; (ii) the person harasses another person under subsection (1)(a)(i) of
this section by threatening to kill the person threatened or any other person;
(iii) the person harasses a criminal justice participant who is performing his
or her official duties at the time the threat is made; or (iv) the person
harasses a criminal justice participant because of an action taken or decision
made by the criminal justice participant during the performance of his or her
official duties. For the purposes of (b)(iii) and (iv) of this subsection, the
fear from the threat must be a fear that a reasonable criminal justice
participant would have under all the circumstances. Threatening words do not
constitute harassment if it is apparent to the criminal justice participant
that the person does not have the present and future ability to carry out the
threat.
(3) Any
criminal justice participant who is a target for threats or harassment
prohibited under subsection (2)(b)(iii) or (iv) of this section, and any
family members residing with him or her, shall be eligible for the address
confidentiality program created under RCW 40.24.030.
(4) For
purposes of this section, a criminal justice participant includes any (a)
federal, state, or local law enforcement agency employee; (b) federal, state,
or local prosecuting attorney or deputy prosecuting attorney; (c) staff member
of any adult corrections institution or local adult detention facility; (d)
staff member of any juvenile corrections institution or local juvenile
detention facility; (e) community corrections officer, probation, or parole
officer; (f) member of the indeterminate sentence review board; (g) advocate
from a crime victim/witness program; or (h) defense attorney.
(5) The
penalties provided in this section for harassment do not preclude the victim
from seeking any other remedy otherwise available under law.
Rev. Code Wash. (ARCW) § 9.61.230. Telephone harassment. (2003)
(1) Every person who, with intent to harass, intimidate,
torment or embarrass any other person, shall make a telephone call to such
other person:
(a) Using
any lewd, lascivious, profane, indecent, or obscene words or language, or
suggesting the commission of any lewd or lascivious act;
or
(b) Anonymously or repeatedly or at
an extremely inconvenient hour, whether or not conversation ensues;
or
(c) Threatening to inflict injury on the person or property of
the person called or any member of his or her family or household; is guilty
of a gross misdemeanor, except as provided in subsection (2) of this
section.
(2) The person is guilty of a class
C felony punishable according to chapter 9A.20 RCW if either of the following
applies:
(a) That
person has previously been convicted of any crime of harassment, as defined in
RCW 9A.46.060, with the same victim or member of the victim's family or
household or any person specifically named in a no-contact or no-harassment
order in this or any other state; or
(b) That person harasses another person under subsection
(1)(c) of this section by threatening to kill the person threatened or any
other person.
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Related Offenses
Rev. Code Wash. (ARCW) § 9A.44.115. Voyeurism. (2003)
(1) As used in
this section:
(a) "Intimate areas" means any
portion of a person's body or undergarments that is covered by clothing and
intended to be protected from public view;
(b) "Photographs" or "films" means
the making of a photograph, motion picture film, videotape, digital image, or
any other recording or transmission of the image of a
person;
(c) "Place where he or she would
have a reasonable expectation of privacy" means:
(i) A
place where a reasonable person would believe that he or she could disrobe in
privacy, without being concerned that his or her undressing was being
photographed or filmed by another; or
(ii) A
place where one may reasonably expect to be safe from casual or hostile
intrusion or surveillance;
(d) "Surveillance" means secret
observation of the activities of another person for the purpose of spying upon
and invading the privacy of the person;
(e) "Views" means the intentional
looking upon of another person for more than a brief period of time, in other
than a casual or cursory manner, with the unaided eye or with a device
designed or intended to improve visual acuity.
(2) A
person commits the crime of voyeurism if, for the purpose of arousing or
gratifying the sexual desire of any person, he or she knowingly views,
photographs, or films:
(a) Another person without that
person's knowledge and consent while the person being viewed, photographed, or
filmed is in a place where he or she would have a reasonable expectation of
privacy; or
(b) The
intimate areas of another person without that person's knowledge and consent
and under circumstances where the person has a reasonable expectation of
privacy, whether in a public or private place.
(3) Voyeurism is a class C
felony.
(4) This
section does not apply to viewing, photographing, or filming by personnel of the
department of corrections or of a local jail or correctional facility for
security purposes or during investigation of alleged misconduct by a person in
the custody of the department of corrections or the local jail or correctional
facility.
(5) If a
person is convicted of a violation of this section, the court may order the
destruction of any photograph, motion picture film, digital image, videotape, or
any other recording of an image that was made by the person in violation of this
section.
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