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24 <br />1. He or she intentionally and repeatedly harasses or repeatedly follows <br />another person; and <br />2. The person being harassed or followed is intimidated, harassed or placed <br />in fear that the stalker intends to injure the person, another person, or property <br />of the person or of another person. The feeling of fear must be one that a <br />reasonable person in the same situation would experience under all the <br />circumstances; and <br />3. The stalker either <br />a. Intends to frighten, intimidate or harass the person; or <br />b. Knows or reasonably should know that the person is afraid, <br />intimidated or harassed even if the stalker did not intend to place the <br />person in fear or intimidate or harass the person. <br />B. 1. It is not a defense to the crime of stalking under subsection (A)(3)(a) of this <br />section that the stalker was not given actual notice that the person did not want <br />the stalker to contact or follow the person. <br />2. It is not a defense to the crime of stalking under subsection (A)(3)(b) of this <br />section that the stalker did not intend to frighten, intimidate or harass the <br />person. <br />C. It shall be a defense to the crime of stalking that the defendant is a licensed <br />private detective acting within the capacity of his or her license as provided by <br />Chapter 18.165 RCW. <br />D. Attempts to contact or follow the person after being given actual notice that the <br />person does not want to be contacted or followed constitutes prima facie <br />evidence that the stalker intends to intimidate or harass the person. "Contact" <br />includes, in addition to any other form of contact or communication, the sending <br />of an electronic communication to the person. <br />E. A person who stalks another person is guilty of a gross misdemeanor except <br />that the person is guilty of a class C felony if any of the following applies: (1) the <br />stalker has previously been convicted in this state or any other state of any <br />crime of harassment, as defined in RCW 9A.46.060, of the same victim or <br />members of the victim's family or household or any person specifically named <br />in a no -contact order or no -harassment order; (2) the stalking violates any <br />protective order protecting the person being stalked; (3) the stalker has <br />previously been convicted of a gross misdemeanor or felony stalking offense <br />under this section or RCW 9A.46.110 for stalking another person; (4) the stalker <br />was armed with a deadly weapon, as defined in RCW 9.94A.602, while stalking <br />the person; (5) the stalker's victim is or was a law enforcement officer, judge, <br />5 <br />10 <br />