Swinomish Indian Tribal Code
(A) A person commits the crime of stalking if, without lawful authority and under circumstances not amounting to an attempt to commit any Class A offense:
(1) He or she intentionally and repeatedly harasses or repeatedly follows another person; and
(2) 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 would experience under all the same circumstances; and
(3) The stalker either:
(a) Intends to frighten, intimidate, or harass the person; or
(b) 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.
(B) It is not a defense to the crime of stalking:
(1) Under Subsection (A)(3)(a) 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
(2) Under Subsection (A)(3)(b) of this Section that the stalker did not intend to frighten, intimidate, or harass the person.
(C) It shall be a defense to the crime of stalking that the defendant is a licensed private detective acting within the capacity of his or her license as provided by RCW 18.165.
(D) 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.
(E) A person who stalks another person is guilty of a Class C offense except that the person is guilty of a Class B offense if any of the following applies:
(1) the stalker has previously been convicted in the Tribal Court, in Washington State or any other state of any crime of harassment, as defined in STC Section 4-02.050 or RCW 9A.46.060 or similar statute of another jurisdiction, of the same victim or members of the victim's family or household or any person specifically named in a protective order;
(2)the stalking violates any protective order protecting the person being stalked;
(3) the stalker has previously been convicted of a Class B or C offense under this Section or of a gross misdemeanor or felony stalking offense under Washington State law for stalking another person;
(4) the stalker was armed with a dangerous weapon, while stalking the person;
(5) the stalker's victim is or was a law enforcement officer, judge, juror, attorney, victim advocate, legislator, or community corrections 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
(6) 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.
(F) As used in the Section:
(1) "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.
(2) "Harasses" means engaging in a knowing and willful course of conduct directed at a specific person that seriously alarms, annoys, harasses, or is detrimental to such person, and that 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 victim, or, when the course of conduct is contact by a person over age eighteen (18) that would cause a reasonable parent to fear for the well-being of their child.
(3) "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, including, but not limited to a Domestic Violence Protection Order issued pursuant to STC Chapter 7-08.
(4) "Repeatedly" means on two (2) or more separate occasions.