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1 <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. 1. Except as provided in 2 of this subsection, A -a person who stalks another <br />person is guilty of a gross misdemeanor, <br />2. A person who stalks another except that the person is guilty of a class GB <br />felony if any of the following applies: (4a) the stalker has previously been <br />convicted in this state or any other state of any crime of harassment, as defined <br />in RCW 9A.46.060, of the same victim or members of the victim's family or <br />household or any person specifically named in a no contact order or no <br />harassmentprotective order; (212) the stalking violates any protective order <br />protecting the person being stalked; (3c) the stalker has previously been <br />convicted of a gross misdemeanor or felony stalking offense under this section <br />or RCW 9A.46.110 for stalking another person; (4dd the stalker was armed with <br />a deadly weapon, as defined in RCW 9.91A.602 9.94A.825, while stalking the <br />person; (Sg)Q the stalker's victim is or was a law enforcement officer—;judge,—i <br />juror—i_attorney—i_victim advocate;-i_legislator—; community corrections officer <br />or -an employee, contract staff person_ or volunteer of a correctional agency,—i <br />court employee, court clerk, or courthouse facilitator; or an employee of the <br />child protective, child welfare, or adult protective services division within the <br />department of social and health services; and (ii) the stalker stalked the victim <br />7 <br />12 <br />