The Legal Landscape for Stalking in Washington
Washington State law defines stalking and categorizes it as a gross misdemeanor or a Class C felony, depending on the circumstances. Under state law, stalking is the actual or intended unlawful harassment of another person. In order for harassment to be considered unlawful, the harassing behavior must also be one that would cause a reasonable person to feel intimidated or harassed.
Basically, stalking is repeatedly threatening, harassing or intimidating another person. Stalking means pursuing another person with the intent to intimidate that person or cause that person to have reasonable fear of harm. There are six specific ways in which someone can be said to stalk another person , including: For there to be a case of stalking, the harasser need not actually cause physical harm to the victim. As long as there is the intent or perceived threat of physical harm, there may be a stalking case. In court, the stalking claim must be able to prove its case based on clear and convincing evidence. Federal courts have determined that the legal definition of stalking includes both the hiding of information (such a name, address or telephone number), and the identifiable psychological effects of the stalking victim.
Types of Stalking Crimes
Types of Stalking Offenses in Washington State
Physical Stalking
The most common offense in Washington is physical stalking. This offense is defined as follows:
"A person commits the offense of stalking when, for the purpose of promoting a continued and ongoing course of conduct, he or she:
(a) Is intended to alarm or the cause of substantial emotional distress to another, and is not a constitutionally protected act, including, but not limited to: (i) Following the victim; (ii) Viewing the victim’s private property, such as a home; (iii) Communication with the victim, either by phone, text, or social media; and/or (iv) An assault or threats of harm to the victim.
Digital Stalking and Harassment
Another common act of stalking in Washington is digital stalking or harassment. This is generally defined as communicating with the victim and/or posting personal or physical information about someone on the internet through social media and/or other forms of communication. The goal, much like physical stalking, tends to be to harass or embarrass the victim.
False Stalking Claims
One final type of stalking is false stalking. While this is certainly rarer than the other two types of stalking, it is still important to mention because if you have a stalking charge against you, there is a chance that the stalking claims are being falsified and that you will be the target of a wrongful conviction. If you think that you have been falsely accused of stalking, consult an experienced attorney as soon as possible.
Enforcement and Penalties
While the specifics can vary widely depending on the circumstances of the crime, in essence, stalking in Washington State is a gross misdemeanor with penalties that may include up to a year in county jail and/or a $5,000 fine for a first offense. If certain aggravating factors apply, this crime may also be charged as a felony. In such cases, the offender would face a class C felony charge, which carries a harsher penalty of up to five years in prison and a $10,000 fine.
On a basic level, the following is how penalties are assessed for stalking in Washington State:
Class 1 Misdemeanor = Up to 90 days in jail and/or a $1,000 fine.
Class 2 Misdemeanor = Up to 6 months in jail and/or a $1,000 fine.
Class 3 Misdemeanor = Up to 30 days in jail and/or a $200 fine.
Class B Felony = Up to 9 months in prison and/or a $50,000 fine.
Class C Felony = Up to 5 years in prison and/or a $10,000 fine.
Violations of No Contact Orders
In Washington State, those who have been convicted of stalking will have their case reviewed before being granted release from jail. No Contact Orders (NCOs) can be issued in conjunction with this review. Violating any NCOs that are issued can result in additional charges. As a gross misdemeanor, violations of stalking-related NCOs may lead to an offender being charged with contempt of court or a misdemeanor. As a felony, it could lead to a class B felony charge, which is punishable by up to nine months in prison and an additional $5,000 fine.
Victim Rights and Protections
Victims of stalking in Washington State have a variety of ways to protect themselves and prevent further suffering through legal protections. These protections include restraining orders and no-contact orders.
Washington State law allows victims to ask a judge for a restraining order against a stalker, known as an Order for Protection Against Stalking. This protection is directed towards adults and children. The victim can petition to prevent the stalker from contacting them, and the police will do everything they can to enforce that order. In order to protect victims effectively, it is important that the order be clear in its terms. For example, if the restraining order covers a stalking victim’s school or place of employment, the stalker should not only be contacted but also banned from entering those locations.
Another way to protect oneself from a violent or abusive relationship with a partner or family member is a no-contact order. This differs from the restraining order used in stalking cases because it does not require a pattern of harassment, repeated incidents, or threats. In stalking , there must have been two or more malicious acts, such as a threat, assault, property theft or destruction, or any other harm that the stalker caused the victim. By contrast, a no-contact order only requires that contact with the abuser will cause the victim irreparable harm.
No-contact orders are typically issued in civil cases, and a convicted perpetrator in a domestic violence case may not need to apply for a no-contact order if the court has already included it in the judgment. It is important to note that a no-contact order is against the perpetrator, not the victim, and the case will proceed even if the victim refuses to cooperate.
When applying for these orders, victims should work with an attorney to draft them correctly and make sure their abuser honors the terms. Help may also be available from domestic violence service centers at any local agency that provides domestic violence services throughout Washington State. The domestic violence victim’s protection unit at an area agency on aging and disabilities helps to educate applicants on how to petition courts for protection.
Reporting Stalking Crimes and Legal Processes
As noted above, in Washington, stalking is either a gross misdemeanor or a felony, depending on the particular facts of the case, including any prior convictions for stalking. Under Washington law, if someone commits stalking in violation of a protection order issued pursuant to RCW Chapter 7.90, such as sexual assault protection orders, anti-harassment protection orders, domestic violence protection orders, or vulnerable adult protection orders, the individual commits a class C felony.
Witnesses to stalking incidents are encouraged to contact the police department in the relevant jurisdiction. Law enforcement officers investigating stalking cases will complete a stalking report and forward it to the Federal Bureau of Investigation for national database inclusion. However, an arrest will not always be made in stalking situations. Law enforcement is not always able to demonstrate that a crime has been committed, even if the evidence appears overwhelming.
In such circumstances, case reports of stalking incidents will be generated as information only. A case report maintained with this status is not a police investigation. Such reports simply reflect information received by law enforcement. However, officers will take such reports into consideration if there appear to be any patterns of stalking behavior. Issues of specific state laws, such as stalking, harassing communications, or privacy violations will only be communicated to sworn law enforcement personnel and prosecutors as appropriate.
Stalking Crimes and Their Effects on Society
The complexities of stalking crimes in Washington State have led to a thought-provoking discussion on the broader societal impact of laws designed to prevent their occurrence. As in most instances of criminal code creation, lawmakers will state an intent to stem a societal ill when designing new policies, and the development of these stalking laws was no different, with lawmakers voicing concern over the prevalence of the crime, citing statistics indicating the alarming numbers of women stalked physically, emotionally, or digitally. They also had serious concerns over how few of these cases were being prosecuted by law enforcement, and how few were being taken seriously by judges.
While juries in Washington have convicted stalkers, and judges have handed down punishment ranging from fines to years in prison for these crimes, there is another side to the story. Critics of the new laws have reported being stalked by former partners who have either anonymously or publicly voiced their opinions. There have been allegations that the law can result in unwarranted interference in the life of an innocent person once the accuser has made their complaint . Some claim that while the number of stalkers being prosecuted has increased, so too has the number of false accusations, which can take on a similar form of permutations as the acts of stalking themselves.
The complexities and challenges of reporting such acts to law enforcement compound the problems; should the stalker be a family member living in a shared household? And what if the stalker’s only crime is the sending of unwanted text messages or online requests for privacy? In many cases, even if a person contacts law enforcement, these complaints may go unheeded. These challenges, along with multiple high-profile cases in which law enforcement has been criticized for their lack of action to halt a stalking crime, have led to the continued evolution of stalking laws in Washington State.
The practical implementation of the law – assisting victims in acquiring restraining orders and preventing their abusers from coming near them – continues to be a challenge. But the fact that citizens now have this option as a legal course of action, and that abusers themselves are more likely to face consequences, speaks to a bright future for Washington Stalking Laws.