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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 />