Title 10 Regulation of Activities
Division I. Penal Code
Chapter 10.11 Offenses Against the Person
A person commits the crime of stalking if, without lawful authority and under circumstances not amounting to a felony attempt of another crime:
he intentionally and repeatedly harasses or repeatedly follows another person; and
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
the stalker either:
intends to frighten, intimidate or harass the person; or
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.
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:
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.
The stalking violates any protective order protecting the person being stalked.
The stalker has previously been convicted of a gross misdemeanor or felony stalking offense under this section for stalking another person.
The stalker was armed with a deadly weapon, as defined in RCW 9.94A.125, while stalking the person.
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
As used in this section:
“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;
“harasses” means unlawful harassment as defined in RCW 10.14.020;
“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;
Date Passed: Monday, June 4, 2007
Effective Date: Wednesday, July 11, 2007
Recodification ORD C34041 Section 1