9.61 - Malicious mischief—Injury to property.

9.61.160 - Threats to bomb or injure property—Penalty.

  1. It shall be unlawful for any person to threaten to bomb or otherwise injure any public or private school building, any place of worship or public assembly, any governmental property, or any other building, common carrier, or structure, or any place used for human occupancy; or to communicate or repeat any information concerning such a threatened bombing or injury, knowing such information to be false and with intent to alarm the person or persons to whom the information is communicated or repeated.

  2. It shall not be a defense to any prosecution under this section that the threatened bombing or injury was a hoax.

  3. A violation of this section is a class B felony punishable according to chapter 9A.20 RCW.

[ 2003 c 53 § 38; 1977 ex.s. c 231 § 1; 1959 c 141 § 1; ]

9.61.190 - Carrier or racing pigeons—Injury to.

It is a class 1 civil infraction for any person, other than the owner thereof or his or her authorized agent, to knowingly shoot, kill, maim, injure, molest, entrap, or detain any Antwerp Messenger or Racing Pigeon, commonly called "carrier or racing pigeons", having the name of its owner stamped upon its wing or tail or bearing upon its leg a band or ring with the name or initials of the owner or an identification or registration number stamped thereon.

[ 2011 c 336 § 314; 1987 c 456 § 25; 1963 c 69 § 1; ]

9.61.200 - Carrier or racing pigeons—Removal or alteration of identification.

It is a class 2 civil infraction for any person other than the owner thereof or his or her authorized agent to remove or alter any stamp, leg band, ring, or other mark of identification attached to any Antwerp Messenger or Racing Pigeon.

[ 2011 c 336 § 315; 1987 c 456 § 26; 1963 c 69 § 2; ]

9.61.230 - Telephone harassment.

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

    1. Using any lewd, lascivious, profane, indecent, or obscene words or language, or suggesting the commission of any lewd or lascivious act; or

    2. Anonymously or repeatedly or at an extremely inconvenient hour, whether or not conversation ensues; or

    3. 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.

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

    1. 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

    2. 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; ]

9.61.240 - Telephone harassment—Permitting telephone to be used.

Any person who knowingly permits any telephone under his or her control to be used for any purpose prohibited by RCW 9.61.230 shall be guilty of a misdemeanor.

[ 2011 c 336 § 316; 1967 c 16 § 2; ]

9.61.250 - Telephone harassment—Offense, where deemed committed.

Any offense committed by use of a telephone as set forth in RCW 9.61.230 may be deemed to have been committed either at the place from which the telephone call or calls were made or at the place where the telephone call or calls were received.

[ 1967 c 16 § 3; ]

9.61.260 - Cyberstalking.

  1. A person is guilty of cyberstalking if he or she, with intent to harass, intimidate, torment, or embarrass any other person, and under circumstances not constituting telephone harassment, makes an electronic communication to such other person or a third party:

    1. Using any lewd, lascivious, indecent, or obscene words, images, or language, or suggesting the commission of any lewd or lascivious act;

    2. Anonymously or repeatedly whether or not conversation occurs; or

    3. Threatening to inflict injury on the person or property of the person called or any member of his or her family or household.

  2. Cyberstalking is a gross misdemeanor, except as provided in subsection (3) of this section.

  3. Cyberstalking is a class C felony if either of the following applies:

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

    2. The perpetrator engages in the behavior prohibited under subsection (1)(c) of this section by threatening to kill the person threatened or any other person.

  4. Any offense committed under this section may be deemed to have been committed either at the place from which the communication was made or at the place where the communication was received.

  5. For purposes of this section, "electronic communication" means the transmission of information by wire, radio, optical cable, electromagnetic, or other similar means. "Electronic communication" includes, but is not limited to, electronic mail, internet-based communications, pager service, and electronic text messaging.

[ 2004 c 94 § 1; ]

9.61.XXX - TBD

**

  1. A person is guilty of doxing if:

    1. The person intentionally posts another person's personally identifiable information without his or her consent;

    2. The person knows that posting the personally identifiable information is reasonably likely to cause the person whose information is posted to experience harassment, bodily injury, or death; and

    3. The posting of the personally identifiable information causes the person whose information is posted to experience a substantial life disruption, harassment, bodily injury, or death.

  2. It is not an offense under this section for a person to:

    1. Provide another person's personally identifiable information when reporting unlawful activity or when providing such information in response to, or in connection with, an investigation conducted by a government agency or employer; or

    2. Provide a person's personally identifiable information in connection with lawful and constitutionally protected activity.

  3. [Empty]

    1. Except as provided in (b) of this subsection, doxing is a gross misdemeanor.

    2. A person who commits cyber harassment is guilty of a class C felony if the person has previously been convicted of doxing.

  4. Doxing may be committed in more than one location. The offense is deemed to have been committed in any location in which any element of the offense occurred or in the location in which the person whose personally identifiable information resides.

  5. Nothing in this section shall be construed to: Conflict with 47 U.S.C. Sec. 230 of the communications decency act; conflict with 42 U.S.C. Sec. 1983 of the civil rights act; or prohibit any activity protected under the Constitution of the United States or the state Constitution.

  6. For the purposes of this section:

    1. "Bodily injury" has the same meaning as provided in RCW 9A.04.110.

    2. "Electronic communication" means any transfer of signs, signals, writings, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic, or photooptical system that affects interstate or foreign commerce.

    3. "Harassment" means a knowing and willful course of conduct directed at a specific person which seriously alarms, annoys, harasses, or is detrimental to such person, and which serves no legitimate or lawful purpose. The course of conduct must: Be such as would cause a reasonable person to suffer substantial emotional distress, and actually cause substantial emotional distress to the person; or be such as would cause a reasonable parent to fear for the well-being of the parent's child.

    4. "Personally identifiable information" means:

      1. Any information that can be used to distinguish or trace an individual's identity, such as name, prior legal name, alias, mother's maiden name, social security number, date or place of birth, address, phone number, or biometric data;

      2. Any information that is linked or linkable to an individual, such as medical, financial, education, consumer, or employment information, data, or records;

      3. Any sensitive private information that is linked to a specific identifiable individual, such as gender identity, sexual orientation, or any sexually intimate visual depiction; or

      4. Any information that provides access to a person's teleconferencing, video teleconferencing, or other digital meeting room.

    5. "Post" means to circulate, deliver, distribute, disseminate, transmit, or otherwise make available to two or more persons through electronic communication.

    6. "Substantial life disruption" means that a person significantly modifies that person's actions or routines either to avoid the person who posted the information or as a result of the posting, such as changing a phone number, changing an electronic mail address, deleting personal electronic accounts or significantly decreasing use of the internet, moving from an established residence, changing daily routines, changing routes to and from work, changing employment or work schedule, or losing time from work or a job.

[ 2021 c XXX § 1; ]**


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