Cyberstalking

A relatively new crime in Washington State is Cyberstalking, which was prohibited by statute in 2004. Cyberstalking can be either a Class C Felony or a gross misdemeanor, depending on the circumstances. Under RCW 9.61.260, the Cyberstalking statute, 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:

    
• (a)  Using any lewd, lascivious, indecent, or obscene words, images, or language, or suggesting the commission of any lewd or lascivious act;
    
• (b)  Anonymously or repeatedly whether or not conversation occurs; or
    
• (c)  Threatening to inflict injury on the person or property of the person called or any member of his or her family or household.

Cyberstalking is Class C Felony if either:

• a) 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
• b) 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

An "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. Ashbach Law Offices, LLC is experienced in successfully representing clients charged with Cyberstalking. If you, or someone you care about, has been charged (or may be) with Assault in King County, Skagit County, Snohomish County, or Whatcom County, call Ashbach Law Offices, LLC today at (360) 659-4950 for a free, no-pressure case evaluation. With a reputation in the legal community as aggressive, effective and successful criminal defense attorneys, we are here to help you through your difficult times.