Title 10 Regulation of Activities

Division I. Penal Code

Chapter 10.11 Offenses Against the Person

1. A person commits the crime of stalking if, without lawful authority and under circumstances not amounting to a felony attempt of another crime:

   1. he 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 in the same situation would experience under all the circumstances; and

   3. the stalker either:

      1. intends to frighten, intimidate or harass the person; or

      2. 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. It is not a defense to the crime of stalking 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 it is not a defense to the crime of stalking under subsection (A)(3)(b) 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 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.

   1. “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:

   1. 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.

   2. The stalking violates any protective order protecting the person being stalked.

   3. The stalker has previously been convicted of a gross misdemeanor or felony stalking offense under this section for stalking another person.

   4. The stalker was armed with a deadly weapon, as defined in RCW 9.94A.125, while stalking the person.

   5. 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

   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.
       

6. As used in this 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 unlawful harassment as defined in RCW 10.14.020;

   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;

   4. “repeatedly” means on two or more separate occasions.

Date Passed: Monday, June 4, 2007

Effective Date: Wednesday, July 11, 2007

Recodification ORD C34041 Section 1