(1) Every person who, with intent to harass, intimidate, torment or embarrass any other person, shall make a telephone call to such other person:

     (a) Using any lewd, lascivious, profane, indecent, or obscene words or language, or suggesting the commission of any lewd or lascivious act; or

     (b) Anonymously or repeatedly or at an extremely inconvenient hour, whether or not conversation ensues; or

     (c) Threatening to inflict injury on the person or property of the person called or any member of his or her family or household;

is guilty of a gross misdemeanor, except as provided in subsection (2) of this section.

     (2) The person is guilty of a class C felony punishable according to chapter 9A.20 RCW if either of the following applies:

     (a) That person has previously been convicted of any crime of harassment, as defined in RCW 9A.46.060, with the same victim or member of the victim's family or household or any person specifically named in a no-contact or no-harassment order in this or any other state; or

     (b) That person harasses another person under subsection (1)(c) of this section by threatening to kill the person threatened or any other person.

[2003 c 53 § 39; 1992 c 186 § 6; 1985 c 288 § 11; 1967 c 16 § 1.]

NOTES:

     Intent -- Effective date -- 2003 c 53: See notes following RCW 2.48.180.

     Severability -- 1992 c 186: See note following RCW 9A.46.110.

     Effective date -- Severability -- 1985 c 288: See RCW 9A.46.905 and 9A.46.910.

     Severability -- 1967 c 16: "If any portion of this act is held to be unconstitutional or void, such decision shall not affect the validity of the remaining parts of this act." [1967 c 16 § 4.]

Communicating with child for immoral purposes: RCW 9.68A.090.

Interference with telephone message: RCW 9A.48.070, 9A.48.080.