2019/01/02 Council Agenda Packet

B. Assault is a gross misdemeanor,except as provided in RCW 9A.36.011(3). Assault in the fourth degree. RCW 9A,36.041 as currently enacted or later amended,is adopted by reference as if set forth in full herein. Section 3. Section 1 of Ordinance No. 1974-93, as amended by Section 1 of Ordinance 2413-99, Section 1 of Ordinance 3027-07, as amended by Section 5 of Ordinance 3354-13 (EMC 10.16.050), which reads as follows: Stalking. A. A person commits the crime of stalking if,without lawful authority and under circumstances not amounting to a felony attempt of another crime: 1. He or she intentionally and repeatedly harasses or repeatedly follows another person; and 2. The person being harassed or followed is intimidated,harassed or placed in fear that the stalker intends to injure the person,another person, or property of the person or of another person. The feeling of fear must be one that a reasonable person in the same situation would experience under all the circumstances; and 3. The stalker either: a. Intends to frighten,intimidate or harass the person; or b. Knows or reasonably should know that the person is afraid,intimidated or harassed even if the stalker did not intend to place the person in fear or intimidate or harass the person. B. 1. It is not a defense to the crime of stalking under subsection(A)(3)(a) of this section that the stalker was not given actual notice that the person did not want the stalker to contact or follow the person. 2. It is not a defense to the crime of stalking under subsection(A)(3)(b) of this section that the stalker did not intend to frighten,intimidate or harass the person. C. It shall be a defense to the crime of stalking that the defendant is a licensed private detective acting within the capacity of his or her license as provided by Chapter 18.165 RCW. • D. Attempts to contact or follow the person after being given actual notice that the person does not want to be contacted or followed constitutes prima facie evidence that the stalker intends to intimidate or harass the person. "Contact"includes,in addition to any other form of contact or communication,the sending of an electronic communication to the person. E. 1. Except as provided in subsection(E)(2) of this section, a person who stalks another person is guilty of a gross misdemeanor. 2. A person who stalks another is guilty of a class B 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 victim's family or household or any person specifically named in a protective order; (b)the stalking 4