WASHINGTON
RCW 9A.46.110
(1) A person commits the crime of stalking if, without lawful authority and under circumstances not amounting to a felony attempt of another crime:
(a) He or she intentionally and repeatedly harasses or repeatedly follows another person; and
(b) 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
(c) The stalker either:
(i) Intends to frighten, intimidate, or harass the person; or
(ii) 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.
(2)(a) It is not a defense to the crime of stalking under subsection (1)(c)(i) 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
(b) It is not a defense to the crime of stalking under subsection (1)(c)(ii) of this section that the stalker did not intend to frighten, intimidate, or harass the person.
(3) It shall be a defense to the crime of stalking that the defendant is a licensed *private detective acting within the capacity of his or her license as provided by chapter 18.165 RCW.
(4) Attempts to contact or follow the person after being given actual notice that the person does not want to be contacted or followed constitutes 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.
(5) A person who stalks another person is guilty of a gross misdemeanor except that the person is guilty of a class C felony if any of the following applies: (a) The stalker has previously been convicted in this state 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 protective order; (b) the stalking violates any protective order protecting the person being stalked; (c) the stalker has previously been convicted of a gross misdemeanor or felony stalking offense under this section for stalking another person; (d) the stalker was armed with a deadly weapon, as defined in RCW 9.94A.125, while stalking the person; (e) the stalker's victim is or was a law enforcement officer, judge, juror, attorney, victim advocate, legislator, or community correction's officer, and the stalker stalked the victim to retaliate against the victim for an act the victim performed during the course of official duties or to influence the victim's performance of official duties; or (f) the stalker's victim is a current, former, or prospective witness in an adjudicative proceeding, and the stalker stalked the victim to retaliate against the victim as a result of the victim's testimony or potential testimony.
(6) As used in this section:
(a) "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 any 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 onelocation to another.
(b) "Harasses" means unlawful harassment as defined in RCW 10.14.020.
(c) "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.
(d) "Repeatedly" means on two or more separate occasions.
Legislative Update: Victims of stalking and domestic violence may now be eligible to receive unemployment insurance benefits upon showing that their unemployment was necessary to protect themselves or their family members from being stalked or abused. In looking for suitable work for such victims, the individual's need to address the physical, psychological, legal, and other effects of the stalking or domestic violence must be considered. HB 1248 became law on March 12, 2002.
Tuesday
West Virginia Stalking Laws
WEST VIRGINIA
Section 61-2-9a. STALKING; PENALTIES; DEFINITIONS. 1992. AMENDED 1994.
"(a) Any person who knowingly, willfully and repeatedly follows and harasses, or knowingly, willfully, and repeatedly follows and makes a credible threat or knowingly, willfully and repeatedly harasses and makes a credible threat against a person with whom he or she has, or in the past has had or with whom he or she seeks to establish a personal or social relationship, whether or not such intention is reciprocated, or against a member of that person's immediate family, with the intent to place that person in reasonable apprehension that he or she or a member of his or her immediate family will suffer death, bodily injury, sexual assault, battery or kidnapping, is guilty of a misdemeanor and, upon conviction thereof, shall be incarcerated in the county or regional jail for not more than six months or fined not more than one thousand dollars, or both."
(b) Commission of the above, in violation of a court order, is a misdemeanor, punishable by jail for 90 days to one year or fined $2,000 to $5,000.
(c) A second conviction within five years is punishable by imprisonment in jail for 90 days to one year or fine of $2,000 to $5,000.
(d) A third or subsequent conviction within five years of a prior conviction is a felony punishable by incarceration in the penitentiary for one to five years or find of $3,000 to $10,000.
(e) Any person under a permanent restraining order who is convicted of a second or subsequent violation of this section shall be sentenced to jail for six months to one year, or fined $2,000 to $5,000, or both.
(f) For the purposes of this section:
(1) "Harasses" means knowing and willful conduct directed at a specific person which is done with the intent to cause mental injury or emotional distress;
(2) "Credible threat" means a threat of bodily injury made with the apparent ability to carry out the threat and with the result that a reasonable person would believe that the threat would be carried out;
3) "Bodily injury" means substantial physical pain, illness or any impairment of physical condition;
4) "Immediate family" means a spouse, parent, child, sibling, or any person who regularly resides in the household or within the prior six months regularly resided in the household.
(g) Nothing in this section shall be construed to prevent lawful assembly and petition for the redress of grievances, including, but not limited to: any labor dispute; demonstration at the seat of federal, state, county or municipal government, activities protected by the West Virginia Constitution or any statute of this state or the United States.
(h) Any person convicted under this section who is given probation or a suspended sentence shall have such probation or suspended sentence conditioned on participation in counseling or medical treatment.
"(i) On conviction, the court may issue an order restraining the defendant from any contact with the victim for a period not to exceed ten years. The length of any restraining order shall be based upon the seriousness of the violation before the court, the probability of future violations, and the safety of the victim or his or her immediate family. The duration of the restraining order may be longer than five years only in such cases when a longer duration is necessary to protect the safety of the victim or his or her immediate family.
(j) It shall be a condition of bond for any person accused of the offense described in this section that the person shall have no contact, direct or indirect, verbal or physical, with the alleged victim.
(k) Nothing in this section shall be construed to preclude a sentencing court from exercising its power to impose home confinement with electronic monitoring as an alternative sentence."
For Obscene, Anonymous, Harassing, Repeated and Threatening Telephone Calls, a misdemeanor, see West Virginia Code section 61-8-16.
On April 30, 2001, Governor Wise signed SB 192 into law. The new amendments, which went into effect on July 13, 2001, provides that a second or subsequent conviction for stalking within five years of a prior conviction, or stalking in violation of protection order of which the perpetrator received notice, constitutes a felony, which is punishable by incarceration in a state correctional facility for 1-5 years or a fine of $3,000 - $10,000.
Legislative Update: West Virginia's legislature passed HB 97 on March 7, 2002, enacting the West Virginia Computer Crime and Abuse Act. Under the new law, it is a misdemeanor for any person to, with the intent to harass or abuse another, use a computer to: make contact with a person without disclosing his or her identity; make contact with a person after that person has requested the contact to cease: threaten to commit a crime against any person or property; or cause obscene material to be transmitted to a person who has requested that such material not be sent.
Section 61-2-9a. STALKING; PENALTIES; DEFINITIONS. 1992. AMENDED 1994.
"(a) Any person who knowingly, willfully and repeatedly follows and harasses, or knowingly, willfully, and repeatedly follows and makes a credible threat or knowingly, willfully and repeatedly harasses and makes a credible threat against a person with whom he or she has, or in the past has had or with whom he or she seeks to establish a personal or social relationship, whether or not such intention is reciprocated, or against a member of that person's immediate family, with the intent to place that person in reasonable apprehension that he or she or a member of his or her immediate family will suffer death, bodily injury, sexual assault, battery or kidnapping, is guilty of a misdemeanor and, upon conviction thereof, shall be incarcerated in the county or regional jail for not more than six months or fined not more than one thousand dollars, or both."
(b) Commission of the above, in violation of a court order, is a misdemeanor, punishable by jail for 90 days to one year or fined $2,000 to $5,000.
(c) A second conviction within five years is punishable by imprisonment in jail for 90 days to one year or fine of $2,000 to $5,000.
(d) A third or subsequent conviction within five years of a prior conviction is a felony punishable by incarceration in the penitentiary for one to five years or find of $3,000 to $10,000.
(e) Any person under a permanent restraining order who is convicted of a second or subsequent violation of this section shall be sentenced to jail for six months to one year, or fined $2,000 to $5,000, or both.
(f) For the purposes of this section:
(1) "Harasses" means knowing and willful conduct directed at a specific person which is done with the intent to cause mental injury or emotional distress;
(2) "Credible threat" means a threat of bodily injury made with the apparent ability to carry out the threat and with the result that a reasonable person would believe that the threat would be carried out;
3) "Bodily injury" means substantial physical pain, illness or any impairment of physical condition;
4) "Immediate family" means a spouse, parent, child, sibling, or any person who regularly resides in the household or within the prior six months regularly resided in the household.
(g) Nothing in this section shall be construed to prevent lawful assembly and petition for the redress of grievances, including, but not limited to: any labor dispute; demonstration at the seat of federal, state, county or municipal government, activities protected by the West Virginia Constitution or any statute of this state or the United States.
(h) Any person convicted under this section who is given probation or a suspended sentence shall have such probation or suspended sentence conditioned on participation in counseling or medical treatment.
"(i) On conviction, the court may issue an order restraining the defendant from any contact with the victim for a period not to exceed ten years. The length of any restraining order shall be based upon the seriousness of the violation before the court, the probability of future violations, and the safety of the victim or his or her immediate family. The duration of the restraining order may be longer than five years only in such cases when a longer duration is necessary to protect the safety of the victim or his or her immediate family.
(j) It shall be a condition of bond for any person accused of the offense described in this section that the person shall have no contact, direct or indirect, verbal or physical, with the alleged victim.
(k) Nothing in this section shall be construed to preclude a sentencing court from exercising its power to impose home confinement with electronic monitoring as an alternative sentence."
For Obscene, Anonymous, Harassing, Repeated and Threatening Telephone Calls, a misdemeanor, see West Virginia Code section 61-8-16.
On April 30, 2001, Governor Wise signed SB 192 into law. The new amendments, which went into effect on July 13, 2001, provides that a second or subsequent conviction for stalking within five years of a prior conviction, or stalking in violation of protection order of which the perpetrator received notice, constitutes a felony, which is punishable by incarceration in a state correctional facility for 1-5 years or a fine of $3,000 - $10,000.
Legislative Update: West Virginia's legislature passed HB 97 on March 7, 2002, enacting the West Virginia Computer Crime and Abuse Act. Under the new law, it is a misdemeanor for any person to, with the intent to harass or abuse another, use a computer to: make contact with a person without disclosing his or her identity; make contact with a person after that person has requested the contact to cease: threaten to commit a crime against any person or property; or cause obscene material to be transmitted to a person who has requested that such material not be sent.
Wisconsin Stalking Laws
WISCONSIN
S940.32 Stalking.
(1) In this section:
(a) "Course of conduct" means repeatedly maintaining a visual or physical proximity to a person. (b) "Immediate family" means a spouse, parent, child, sibling, or any other person who regularly resides in the household or who within the prior 6 months regularly resided in the household.
(c) "Labor dispute" includes any controversy concerning terms, tenure or conditions of employment, or concerning the association or representation of persons in negotiating, fixing, maintaining, changing or seeking to arrange terms or conditions of employment, regardless of whether the disputants stand in the proximate relation of employer and employee.
(cg) "Personally identifiable information" has the meaning given in s. 19.62 (5).
(cr) "Record" has the meaning given in s. 19.32 (2).
(d) "Repeatedly" means on 2 or more calendar days.
(2) Whoever meets all of the following criteria is guilty of a Class A misdemeanor:
(a) The actor intentionally engages in a course of conduct directed at a specific person that would cause a reasonable person to fear bodily injury to himself or herself or a member of his or her immediate family or to fear the death of himself or herself or a member of his or her immediate family.
(b) The actor has knowledge or should have knowledge that the specific person will be placed in reasonable fear of bodily injury to himself or herself or a member of his or her immediate family or will be placed in reasonable fear of the death of himself or herself or a member of his or her immediate family.
(c) The actor's acts induce fear in the specific person of bodily injury to himself or herself or a member of his or her immediate family or induce fear in the specific person of the death of himself or herself or a member of his or her immediate family.
(2m) Whoever violates sub. (2) is guilty of a Class D felony if he or she intentionally gains access to a record in electronic format that contains personally identifiable information regarding the victim in order to facilitate the violation under sub. (2).
(3) Whoever violates sub. (2) under any of the following circumstances is guilty of a Class E felony:
(a) The act results in bodily harm to the victim.
(b) The actor has a previous conviction under this section or s. 947.013 (1r), (1t), (1v) or (1x) for a violation against the same victim and the present violation occurs within 7 years after the prior conviction.
(3m) Whoever violates sub. (3) under all of the following circumstances is guilty of a Class D felony:
(a) The person has a prior conviction under sub. (2), (2m) or (3) or this subsection or s. 947.013 (1r), (1t), (1v) or (1x).
(b) The person intentionally gains access to a record in order to facilitate the current violation under sub. (3).
(4) (a) This section does not apply to conduct that is or acts that are protected by the person's right to freedom of speech or to peaceably assemble with others under the state and U.S. constitutions, including, but not limited to, any of the following:
1. Giving publicity to and obtaining or communicating information regarding any subject, whether by advertising, speaking or patrolling any public street or any place where any person or persons may lawfully be.
2. Assembling peaceably.
3. Peaceful picketing or patrolling.
(b) Paragraph (a) does not limit the activities that may be considered to serve a legitimate purpose under this section.
(5) This section does not apply to conduct arising out of or in connection with a labor dispute. (6) The provisions of this statute are severable. If any provision of this statute is invalid or if any application thereof is invalid, such invalidity shall not affect other provisions or applications which can be given effect without the invalid provision or application.
S940.32 Stalking.
(1) In this section:
(a) "Course of conduct" means repeatedly maintaining a visual or physical proximity to a person. (b) "Immediate family" means a spouse, parent, child, sibling, or any other person who regularly resides in the household or who within the prior 6 months regularly resided in the household.
(c) "Labor dispute" includes any controversy concerning terms, tenure or conditions of employment, or concerning the association or representation of persons in negotiating, fixing, maintaining, changing or seeking to arrange terms or conditions of employment, regardless of whether the disputants stand in the proximate relation of employer and employee.
(cg) "Personally identifiable information" has the meaning given in s. 19.62 (5).
(cr) "Record" has the meaning given in s. 19.32 (2).
(d) "Repeatedly" means on 2 or more calendar days.
(2) Whoever meets all of the following criteria is guilty of a Class A misdemeanor:
(a) The actor intentionally engages in a course of conduct directed at a specific person that would cause a reasonable person to fear bodily injury to himself or herself or a member of his or her immediate family or to fear the death of himself or herself or a member of his or her immediate family.
(b) The actor has knowledge or should have knowledge that the specific person will be placed in reasonable fear of bodily injury to himself or herself or a member of his or her immediate family or will be placed in reasonable fear of the death of himself or herself or a member of his or her immediate family.
(c) The actor's acts induce fear in the specific person of bodily injury to himself or herself or a member of his or her immediate family or induce fear in the specific person of the death of himself or herself or a member of his or her immediate family.
(2m) Whoever violates sub. (2) is guilty of a Class D felony if he or she intentionally gains access to a record in electronic format that contains personally identifiable information regarding the victim in order to facilitate the violation under sub. (2).
(3) Whoever violates sub. (2) under any of the following circumstances is guilty of a Class E felony:
(a) The act results in bodily harm to the victim.
(b) The actor has a previous conviction under this section or s. 947.013 (1r), (1t), (1v) or (1x) for a violation against the same victim and the present violation occurs within 7 years after the prior conviction.
(3m) Whoever violates sub. (3) under all of the following circumstances is guilty of a Class D felony:
(a) The person has a prior conviction under sub. (2), (2m) or (3) or this subsection or s. 947.013 (1r), (1t), (1v) or (1x).
(b) The person intentionally gains access to a record in order to facilitate the current violation under sub. (3).
(4) (a) This section does not apply to conduct that is or acts that are protected by the person's right to freedom of speech or to peaceably assemble with others under the state and U.S. constitutions, including, but not limited to, any of the following:
1. Giving publicity to and obtaining or communicating information regarding any subject, whether by advertising, speaking or patrolling any public street or any place where any person or persons may lawfully be.
2. Assembling peaceably.
3. Peaceful picketing or patrolling.
(b) Paragraph (a) does not limit the activities that may be considered to serve a legitimate purpose under this section.
(5) This section does not apply to conduct arising out of or in connection with a labor dispute. (6) The provisions of this statute are severable. If any provision of this statute is invalid or if any application thereof is invalid, such invalidity shall not affect other provisions or applications which can be given effect without the invalid provision or application.
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