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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 person who stalks another <br /> person is guilty of a gross misdemeanor. <br /> 2. A person who stalks another is guilty of a class B felony if any of the <br /> following applies: (a) the stalker has previously been convicted in this state or <br /> any other state of any crime of harassment, as defined in RCW 9A.46.060, of <br /> the same victim or members of the victim's family or household or any person <br /> specifically named in a protective order; (b) the stalking violates any protective <br /> order protecting the person being stalked; (c) 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; (d) the stalker was armed with a <br /> deadly weapon, as defined in RCW 9.94A.825, while stalking the person; (e)(i) <br /> the stalker's victim is or was a law enforcement officer; judge; juror; attorney; <br /> victim advocate; legislator; community corrections officer; an employee, <br /> contract staff person, or volunteer of a correctional agency; court employee, <br /> court clerk, or courthouse facilitator; or an employee of the child protective, <br /> child welfare, or adult protective services division within the department of <br /> social and health services; and (ii) the stalker stalked the victim to retaliate <br /> against the victim for an act the victim performed during the course of official <br />