(1) A person is guilty of harassment if:

     (a) Without lawful authority, the person knowingly threatens:

     (i) To cause bodily injury immediately or in the future to the person threatened or to any other person; or

     (ii) To cause physical damage to the property of a person other than the actor; or

     (iii) To subject the person threatened or any other person to physical confinement or restraint; or

     (iv) 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

     (b) 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.

     (2)(a) Except as provided in (b) of this subsection, a person who harasses another is guilty of a gross misdemeanor.

     (b) A person who harasses another is guilty of a class C felony if either of the following applies: (i) 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 (ii) the person harasses another person under subsection (1)(a)(i) of this section by threatening to kill the person threatened or any other person.

     (3) The penalties provided in this section for harassment do not preclude the victim from seeking any other remedy otherwise available under law.

[2003 c 53 § 69; 1999 c 27 § 2; 1997 c 105 § 1; 1992 c 186 § 2; 1985 c 288 § 2.]

NOTES:

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

     Intent -- 1999 c 27: "It is the intent of chapter 27, Laws of 1999 to clarify that electronic communications are included in the types of conduct and actions that can constitute the crimes of harassment and stalking. It is not the intent of the legislature, by adoption of chapter 27, Laws of 1999, to restrict in any way the types of conduct or actions that can constitute harassment or stalking." [1999 c 27 § 1.]

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