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B. It is not a defense to the crime of stalking under subsection (A)(3)(b) of this section that <br /> the stalker did not intend to frighten, intimidate or harass the person being followed. <br /> C. It shall be a defense to the crime of stalking that the defendant is a licensed private <br /> detective acting within the capacity of his or her license as provided by RCW Chapter 18.165. <br /> D. Attempts to contact or follow the person after being given actual notice that the person <br /> does not want to be contacted or followed constitutes prima facie evidence that the stalker <br /> intends to intimidate or harass the person. <br /> E. A person who stalks another person is guilty of a gross misdemeanor except that the <br /> person is guilty of a class C felony if any of the following applies: (a) The stalker has previously <br /> been convicted in this state or any other state of any crime of harassment, as defined in RCW <br /> 9A.46.060, of the same victim or members of the victims' family or household or any person <br /> specifically named in a no-contact order or no-harassment order; (b) the person violates a court <br /> order issued pursuant to RCW 9A.46.040 protecting the person being stalked; or (c) the stalker <br /> has previously been convicted of a gross misdemeanor or felony stalking offense under this <br /> section for stalking another person. <br /> is hereby amended to read as follows: <br /> Stalking. <br /> A. A person commits the crime of stalking if, without lawful authority and under <br /> circumstances not amounting to a felony attempt of another crime: <br /> 1. He or she intentionally and repeatedly harasses or repeatedly follows another <br /> person; and <br /> 2. The person being harassed or followed is placed in fear that the stalker intends to <br /> injure the person, another person, or property of the person or of another person. <br /> The feeling of fear must be one that a reasonable person in the same situation <br /> would experience under all the 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, intimidated or <br /> harassed even if the stalker did not intend to place the person in fear or <br /> 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 section <br /> that the stalker was not given actual notice that the person did not want the stalker to <br /> contact or follow the person. <br /> 2. It is not a defense to the crime of stalking under subsection (A)(3)(b) of this section <br /> that the stalker did not intend to frighten, intimidate or harass the person. <br /> C. It shall be a defense to the crime of stalking that the defendant is a licensed private <br /> investigator acting within the capacity of his or her license as provided by RCW Chapter 18.165. <br /> D. Attempts to contact or follow the person after being given actual notice that the person <br /> does not want to be contacted or followed constitutes prima facie evidence that the stalker <br /> intends to intimidate or harass the person. "Contact" includes, in addition to any other form of <br /> contact or communication, the sending of an electronic communication to the person. <br /> 2 <br />