Ordinance 2413-99 - Laserfiche WebLink

E. 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: (a) 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 victims' family or household or any person specifically named in a protective order; (b) the stalking violates any protective order protecting the person being stalked; (c) the stalker has previously been convicted of a gross misdemeanor or felony stalking offense under this section or RCW 9A.46.110 for stalking another person; (d) the stalker was armed with a deadly weapon, as defined in RCW 9.94A.125, while stalking the person; (e) the stalker's victim is or was a law enforcement officer,judge,juror, attorney, victim advocate, legislator, or community corrections 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 (f) 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. F. As used in this section: 1. "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. 2. "Harasses" means unlawful harassment as defined in RCW 10.14.020. 3. "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. 4. "Repeatedly" means on two or more separate occasions. Section 2: Sections 1 (part), 2 of Ordinance 1521-88, as amended by section 1 of Ordinance 2235-97, Everett Municipal Code 10.23.010, which reads as follows: Prohibited -Penalty. A. A person is guilty of harassment if: 1. Without lawful authority,the person knowingly threatens: a. To cause bodily injury immediately or in the future to the person threatened or to any other person; or b. To cause physical damage to the property of a person other than the actor; or c. To subject the person threatened or any other person to physical confinement or restraint; or d. 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 3