Stalking in Washington
STALKING
What is Stalking?
Under RCW Chapter 9A.46.110, Stalking may be charged when the allegations are as follows:
Without lawful authority, you have done any of the following:
Intentionally and repeatedly harassed someone
Intentionally and repeatedly followed someone
Intentionally contacted, followed, tracked, or monitored, someone after being given actual notice that person does not want them to; or attempted to do so
Knowingly and without consent installed or monitored an electronic tracking device to track the location of another person
And the person subject to this suffers substantial emotional distress or fear that the stalker intends to injure them, another person, or their property or another’s property
What actually is substantial emotional distress or fear?
Substantial emotional distress or fear is measured by what a reasonable person in the same situation would experience given the totality of the circumstances.
In the case of using a tracking device, under this law the victim's knowledge of the tracking device is considered to be sufficient to have reasonably elicited substantial emotional distress or fear.
Invalid defenses to Stalking
The law defining Stalking, 9A.46.110 also defines things that are not a defense to Stalking.
It is not a defense that you did not receive actual notice that the person did not want you to contact, follow, track, or monitor them.
It is not a defense that you did not intend to frighten or intimidate the person or place the person in substantial emotional distress - it only matters that they did feel that way.
Exceptions to Stalking
Under 9A.46.110, there are statutory exceptions to Stalking, which are as follows:
A parent or legal guardian of a minor installs a tracking device
Unless there is a No Contact Order or similar in place ordering them not to do so
A legal guardian or person or organization who has been designated to provide protective services to a disabled adult, installs a tracking device to do so
A law officer, probation or parole officer, judicial officer, or public employee acting in the lawful performance of their duties as allowed by law
A licensed private investigator acting in accordance with their license
The tracking device was placed by the order of a court (for example an ankle monitor)
A employer, school, or other organization provides a tracking device to a person for use in connection with the person's involvement with them, when the use of the device is limited only to recover lost or stolen items
An owner of fleet vehicles
Domestic Violence Charges
Stalking is often a crime of domestic violence. This is because there is sometimes a relationship between the person being charged and the alleged victim. Domestic violence does not define what the offense is, it only is a designator of a relationship between the parties which can be a dating, roommate, or familial relationship. For a detailed overview of what makes a charge a domestic violence charge, and what the consequences are, please read our article on them, here.
WHAT ARE THE CONSEQUENCES FOR STALKING?
Is Stalking a misdemeanor or a felony?
It can be charged as either a gross misdemeanor or a felony, depending on the allegations. The default is to charge Stalking as a gross misdemeanor, but in the following situations it may be charged as a felony.
Stalking may be charged as a Class B felony if:
You have a previous conviction in any state of any crime of Harassment
You have a previous conviction for Stalking
The alleged Stalking is in violation of a No Contact Order
During the alleged Stalking you were armed with a deadly weapon
The alleged Stalking is done against a current, former, or prospective witness as retaliation for them testifying
The alleged Stalking is done as retaliation against someone for an act they did when performing their official duties when the victim of the alleged Stalking is any of the following:
A law enforcement officer or corrections officer
A court employee, including a judge, clerk, facilitator
A juror
An attorney
A victim advocate
A legislator
An employee of the child or adult protective services
What are the potential consequences of a Stalking charge?
As outlined above, this charge can be either a gross misdemeanor, which has higher punishments than a regular misdemeanor; or in certain situations it can be charged as a Class B felony.
These potential consequences include:
Jail or Prison Time
For a gross misdemeanor the possible jail time is 0-364 days
For a class B felony, the jail or prison time ranges from 0-10 years, but this may vary depending on whether you have multiple charges, enhancements, and what your offender score is which is based on your charges and criminal history.
Probation or DOC Supervision
For a gross misdemeanor the probationary period is 5 years
For a felony, if you are sentenced to prison time, then the Department of Corrections may supervise you afterwards for a period of time depending on your charges and criminal history. If you are sentenced to local jail time then the court will supervise your probation
Fines and Restitution
For a gross misdemeanor the possible fines range from $0-$5000
For a Class B felony the possible fines range from $0-$20,000
Restitution is reimbursement to the victim and may vary, it is considered when the victim requests it.
Classes
You may be subject to classes, for example domestic violence classes, anger management or drug and alcohol classes
Loss of Firearm Rights
As either a felony, or a charge of domestic violence while felony or misdemeanor, you can lose your right to possess a firearm for life
Read more about consequences of domestic violence charges here.
WHAT CAN I DO ABOUT A CHARGE FOR STALKING?
What should I do if I am accused of Stalking?
If you are being accused of a crime or are subject to a law enforcement investigation, please read more about your options here. Even if charges have not been filed yet, there are things an attorney can do to help. Most importantly, in some cases we can work to stop those charges from being filed. If you are in this situation you can schedule a free consultation here.
What should I do if I am charged with Stalking?
If you have been charged and given a court date, you absolutely will need an attorney’s help to fight those charges. Read more about what to do if you have been arrested here, or charged with a crime here.
What if the alleged victim wants to drop the charges against me?
Sometimes these charges stem from interactions with a friend, partner or family. We have addressed this issue in detail in our article, here. However, the short answer is that the alleged victim cannot make the charges go away. Only the district attorney has control over whether or not charges will be filed, and you will need an attorney’s help to fight them on that. That being said, we can work with the district attorney to stop them from filing charges against you, and tell you how the victim’s participation, or lack thereof, in the case against you can impact your case.
Can I get my case dismissed?
The answer to this question will completely depend on the facts of your case. In any case a dismissal of the charges is the best case scenario, and there are multiple ways of getting one - outright, by completing a diversion program, or by winning a trial.
