9.12.068 Stalking.
A. A person commits the crime of stalking if, without lawful authority and under the 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 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. It is not a defense to the crime of stalking under subsections (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; and
1. It is not a defense to the crime of stalking under subsection (A)(3)(a) 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 investigator acting within the capacity of his or her license as provided in Revised Code of Washington 18.165.
D. Attempts to contact or follow the person after being given actual notice that the person does not want to be contacted or followed constitute 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. As used in this section:
1. “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 appears at the person’s home, school, place of employment, business, or annoy other location to maintain visual or physical proximity to the person is sufficient to find that the alleged stalker follows the person. It is not necessary to establish that the alleged stalker follows the person while in transit from one location to another.
2. “Protective order” means any temporary or permanent court order prohibiting or limiting violence against, harassment of, contact or communication with, or physical proximity to another person.
3. “Repeatedly” means on two or more separate occasions. (Ord. 1335 §4, 2009).