Ordinance 3654-19 - Laserfiche WebLink

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 - - -- . defense It is not a de e se tothe 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 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 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.825, while stalking the person; (e)(i)the stalker's victim is or was a law enforcement officer;judge;juror; attorney; victim advocate; legislator; community corrections officer; an employee, contract staff person, or volunteer of a correctional agency; court employee, court clerk, or courthouse facilitator; or an employee of the child protective, child and(ii) the stalker stalked the victim to retaliate against the victim for an act the victim duties; or(1)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. "Correctional agency" means a person working for the Department of Natural Resources in a correctional setting or any state, county, or municipally operated agency with the authority to direct the release of a person serving a sentence or term of confinement and includes but is not limited to the Department of Corrections, the Indeterminate Sentence Review Board, and the Department of Social and Health Services. 2. "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