Revised Code of Washington
Chapter 9A.90 - Washington Cybercrime Act.
9A.90.130 - Cyberstalking.

RCW 9A.90.130
Cyberstalking.

(1) A person commits the crime of cyberstalking if, without lawful authority and under circumstances not amounting to a felony attempt of another crime:
(a) The person knowingly and without consent:
(i) Installs or monitors an electronic tracking device with the intent to track the location of another person; or
(ii) Causes an electronic tracking device to be installed, placed, or used with the intent to track the location of another person; and
(b)(i) The person knows or reasonably should know that knowledge of the installation or monitoring of the tracking device would cause the other person reasonable fear;
(ii) The person has notice that the other person does not want to be contacted or monitored by him or her; or
(iii) The other person has a protective order in effect protecting him or her from the person.
(2)(a) It is not a defense to the crime of cyberstalking that the person was not given actual notice that the other person did not want the person to contact or monitor him or her; and
(b) It is not a defense to the crime of cyberstalking that the person did not intend to frighten, intimidate, or harass the other person.
(3)(a) Except as provided in (b) of this subsection, a person who cyberstalks another person is guilty of a gross misdemeanor.
(b) A person who cyberstalks another person is guilty of a class C felony if any of the following applies:
(i) The person 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;
(ii) There is a protective order in effect protecting the victim from contact with the person;
(iii) The person has previously been convicted of a gross misdemeanor or felony stalking offense for stalking another person;
(iv) The person has previously been convicted of a gross misdemeanor or felony cyberstalking offense for cyberstalking another person;
(v)(A) The victim is or was a law enforcement officer; judge; juror; attorney; victim advocate; legislator; community corrections officer; employee, contract staff person, or volunteer of a correctional agency; court employee, court clerk, or courthouse facilitator; or employee of the child protective, child welfare, or adult protective services division within the department of social and health services; and
(B) The person cyberstalked 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
(vi) The victim is a current, former, or prospective witness in an adjudicative proceeding, and the person cyberstalked the victim to retaliate against the victim as a result of the victim's testimony or potential testimony.
(4) The provisions of this section do not apply to the installation, placement, or use of an electronic tracking device by any of the following:
(a) A law enforcement officer, judicial officer, probation or parole officer, or other public employee when any such person is engaged in the lawful performance of official duties and in accordance with state or federal law;
(b) The installation, placement, or use of an electronic tracking device authorized by an order of a state or federal court;
(c) A legal guardian for a disabled adult or a legally authorized individual or organization designated to provide protective services to a disabled adult when the electronic tracking device is installed, placed, or used to track the location of the disabled adult for which the person is a legal guardian or the individual or organization is designated to provide protective services;
(d) A parent or legal guardian of a minor when the electronic tracking device is installed, placed, or used to track the location of that minor unless the parent or legal guardian is subject to a court order that orders the parent or legal guardian not to assault, threaten, harass, follow, or contact that minor;
(e) An employer, school, or other organization, who owns the device on which the tracking device is installed and provides the device to a person for use in connection with the person's involvement with the employer, school, or other organization and the use of the device is limited to recovering lost or stolen items; or
(f) The owner of fleet vehicles, when tracking such vehicles. For the purposes of this section, "fleet vehicle" means any of the following:
(i) One or more motor vehicles owned by a single entity and operated by employees or agents of the entity for business or government purposes;
(ii) Motor vehicles held for lease or rental to the general public; or
(iii) Motor vehicles held for sale, or used as demonstrators, test vehicles, or loaner vehicles, by motor vehicle dealers.

[ 2022 c 231 § 3.]