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.
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.
Rev. Code Wash. (ARCW) § 9A.46.020. Definition – Penalties.
(1999)
(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 either of
the following applies: (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; or (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.
(3)
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.
(1992)
(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.