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Ordinance 3654-19
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Ordinance 3654-19
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1/17/2019 9:20:45 AM
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Ordinances
Ordinance Number
3654-19
Date
1/9/2019
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violates any protective order protecting the person being stalked; (c)the stalker has previously <br /> been convicted of a gross misdemeanor or felony stalking offense under this section or RCW <br /> 9A.46.110 for stalking another person; (d)the stalker was armed with a deadly weapon, as <br /> defined in RCW 9.94A.825, while stalking the person; (e)(i)the stalker's victim is or was a law <br /> enforcement officer;judge;juror; attorney; victim advocate; legislator; community corrections <br /> officer; an employee, contract staff person, or volunteer of a correctional agency; court <br /> employee, court clerk, or courthouse facilitator; or an employee of the child protective, child <br /> welfare, or adult protective services division within the department of social and health services; <br /> and(ii)the stalker stalked the victim to retaliate against the victim for an act the victim <br /> performed during the course of official duties or to influence the victim's performance of official <br /> duties; or(1)the stalker's victim is a current, former, or prospective witness in an adjudicative <br /> proceeding, and the stalker stalked the victim to retaliate against the victim as a result of the <br /> victim's testimony or potential testimony. <br /> F. As used in this section: <br /> 1. "Correctional agency"means a person working for the Department of Natural <br /> Resources in a correctional setting or any state, county, or municipally operated agency with the <br /> authority to direct the release of a person serving a sentence or term of confinement and includes <br /> but is not limited to the Department of Corrections,the Indeterminate Sentence Review Board, <br /> and the Department of Social and Health Services. <br /> 2. "Follows"means deliberately maintaining visual or physical proximity to a specific <br /> person over a period of time. A finding that the alleged stalker repeatedly and deliberately <br /> appears at the person's home, school,place of employment,business, or any other location to <br /> maintain visual or physical proximity to the person is sufficient to find that the alleged stalker <br /> follows the person. It is not necessary to establish that the alleged stalker follows the person <br /> while in transit from any location to another. <br /> 3. "Harass"means unlawful harassment as defined in RCW 10.14.020. <br /> 4. "Protective order"means any temporary or permanent court order prohibiting or <br /> limiting violence against, harassment of, contact or communication with, or physical proximity <br /> to another person. <br /> 5. "Repeatedly"means on two or more separate occasions. <br /> Be and the same is hereby amended to read as follows: <br /> Stalking. <br /> 1. He or she intentionally and repeatedly harasses or repeatedly follows another person; <br /> and <br /> 2. The person being harassed or followed is intimidated, harassed or placed in fear that <br /> the stalker intends to injure the person, another person, or property of the person or of <br /> another person. The feeling of fear must be one that a r asonabic person in the same <br /> situation would experience under all the circumstances; and <br /> 3. The stalker either: <br /> a. Intends to frighten, intimidate or harass the person; or <br />
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