Chapter 10.23
HARASSMENT
Sections:
10.23.010 Prohibited—Penalty.
10.23.020 Place where committed.
10.23.030 Court-ordered requirements upon person charged with crime—Violation.
10.23.040 Arraignment—No-contact order.
10.23.050 Crimes included in harassment.
10.23.060 Enforcement of orders restricting contact.
10.23.070 Order restricting contact—Violation— Penalty.
10.23.080 Non-liability of peace officer.
10.23.090 Violation of anti-harassment protection order.
10.23.010 Prohibited—Penalty.
A. A person is guilty of harassment if:
1. Without lawful authority, the person knowingly threatens:
a. To cause bodily injury immediately or in the future to the person threatened or to any other person; or
b. To cause physical damage to the property of a person other than the actor; or
c. To subject the person threatened or any other person to physical confinement or restraint; or
d. Maliciously to do any other act which is intended to substantially harm the person threatened or another with respect to his or her physical or mental health or safety; and
2. The person by words or conduct places the person threatened in reasonable fear that the threat will be carried out. “Words or conduct” includes, in addition to any other form of communication or conduct, the sending of an electronic communication.
B. A person who harasses another is guilty of a gross misdemeanor, except that the person is guilty of a class C felony if either of the following applies: (1) The person has previously been convicted in this 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 no-contact or no-harassment order; or (2) the person harasses another person under subsection (A)(1)(a) of this section by threatening to kill the person threatened or any other person.
C. The penalties provided in this section for harassment do not preclude the victim from seeking any other remedy otherwise available under law. (Ord. 2413-99 § 2, 1999: Ord. 2235-97 § 1, 1997: Ord. 1521-88 §§ 1 (part), 2, 1988)
10.23.020 Place where committed.
Any harassment offense committed as set forth in Section 10.23.010 of this chapter may be deemed to have been committed where the conduct occurred or at the place from which the threat or threats were made or at the place where the threats were received. (Ord. 1521-88 §§ 1 (part), 3, 1988)
10.23.030 Court-ordered requirements upon person charged with crime—Violation.
A. Because of the likelihood of repeated harassment directed at those who have been victims of harassment in the past, when any defendant charged with a crime involving harassment is released from custody before trial on bail or personal recognizance, the court authorizing the release may require that the defendant:
1. Stay away from the home, school, business, or place of employment of the victim or victims of the alleged offense or other location, as shall be specifically named by the court in the order;
2. Refrain from contacting, intimidating, threatening, or otherwise interfering with the victim or victims of the alleged offense and such other persons, including but not limited to members of the family or household of the victim, as shall be specifically named by the court in the order.
B. An intentional violation of a court order issued under this section is a misdemeanor. The written order releasing the defendant shall contain the court’s directives and shall bear the legend: “Violation of this order is a criminal offense under Chapter 9A.46 RCW and/or Chapter 10.23 EMC (Ordinance No. 1521-88).” A certified copy of the order shall be provided to the victim by the clerk of the court. (Ord. 1521-88 § 1 (part), 4, 1988)
10.23.040 Arraignment—No-contact order.
A defendant who is charged by citation, complaint, or information with an offense involving harassment and not arrested shall appear in court for arraignment in person as soon as practicable, but in no event later than fourteen days after the next day on which court is in session following the issuance of the citation or the filing of the complaint or information. At that appearance, the court shall determine the necessity of imposing a no-contact or no-harassment order or other conditions of pretrial release according to the procedures established by court rule for preliminary appearance or an arraignment. (Ord. 1521-88 §§ 1 (part), 5, 1988)
10.23.050 Crimes included in harassment.
As used in this chapter, “harassment” may include but is not limited to any of the following crimes:
A. Harassment (Chapter 10.23);
B. Telephone Harassment (Section 10.18.010);
C. Assault (Section 10.16.010);
D. Reckless Endangerment (Section 10.16.020);
E. Coercion (Section 10.16.040);
F. Criminal Trespass in the First Degree (Section 10.68.030);
G. Criminal Trespass in the Second Degree (Section 10.68.040);
H. Criminal Mischief (Section 10.66.040);
I. Interference with Property (Section 10.66.020);
J. Stalking (Section 10.16.050);
K. Cyberstalking (Section 10.18.025);
L. Violation of a temporary, permanent, or final protective order issued pursuant to Chapter 7.90, 9A.46, 10.14, 10.99, 26.09, or 26.50 RCW. (Ord. 3067-08 § 5, 2008: Ord. 1521-88 §§ 1 (part), 6, 1988)
10.23.060 Enforcement of orders restricting contact.
Any law enforcement agency in this state may enforce this chapter as it relates to orders restricting the defendants’ ability to have contact with the victim or others. (Ord. 1521-88 §§ 1 (part), 7, 1988)
10.23.070 Order restricting contact—Violation— Penalty.
The victim shall be informed by local law enforcement agencies or the prosecuting attorney of the final disposition of the case in which the victim is involved. If a defendant is found guilty of a crime of harassment and a condition of the sentence restricts the defendant’s ability to have contact with the victim or witnesses, the condition shall be recorded and a written certified copy of that order shall be provided to the victim or witnesses by the clerk of the court. Wilful violation of a court order issued under this section is a misdemeanor. The written order shall contain the court’s directives and shall bear the legend: “Violation of this order is a criminal offense under Chapter 9A.46 RCW and/or Chapter 10.23 EMC (Ordinance No. 1521-88) and will subject a violator to arrest.” (Ord. 1521-88 §§ 1 (part), 8, 1988)
10.23.080 Non-liability of peace officer.
A peace officer shall not be held liable in any civil action for an arrest based on probable cause, enforcement in good faith of a court order, or any other action or omission in good faith under this chapter arising from an alleged incident of harassment brought by any party to the incident. (Ord. 1521-88 §§ 1 (part), 9, 1988)
10.23.090 Violation of anti-harassment protection order.
A. Any respondent who wilfully disobeys any temporary anti-harassment protection order or civil anti-harassment protection order issued pursuant to Chapter 10.14 RCW, as now or hereafter amended, shall be guilty of a gross misdemeanor.
B. As used in this section, “respondent” means the respondent of a temporary anti-harassment protection order or civil anti-harassment protection order issued under Chapter 10.14 RCW, as now or hereafter amended. (Ord. 1521-88 §§ 1 (part), 10, 1988)