HomeMy WebLinkAboutFS 2008-01-23 Item 2B - Ordinance - Cyberstalking
KENYON DISEND, PLLC
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MICHAEL R. KENYON
BRUCE L. DISEND
SHELLEY M. KERSLAKE
KERR! A. JORGENSfu'\'
PETER B. BECKWITH
RENEE G. WALLS
KARl L. SAND
M01\'1CA A. BUCK
KATHRYN J. HARDY
AMY JO PEARSALL
SANDRA S. MEADOWCROFT
CHRIS D. BACHA
MARGARET J. KING
INFORlVIATION MEMO
To:
From:
Date:
Re:
Finance and Safety Committee
Peter Beckwith, Assistant City Attorney
January 16, 2008
Adopting by Reference RCW 9.61.260, Cyberstalking
ISSUE
Whether the City Council should adopt RCW 9.61.260 to make cyberstalking a crime.
BACKGROUNDIDISCUSSION
In 2004, the Legislature enacted RCW 9.61.260 making cyberstalking a crime. Cyberstalking
occurs when electronic communications, such as e-mail, text messaging, ete, are used to harass,
intimidate, torment or embarrass others. The City's prosecutor has seen evidence of this crime ill
many police reports recently and would like the ability to prosecute this offense. Before this can be
done, however, the City must adopt this statute.
RECOMl\1E:NDATION
Our office recommends adopting by reference RC\V 9.61.260, Cyberstalking.
Attachments: Proposed ordinance and copy of RC\V 9.61.260.
C:\J'<ovelf\GroupWiselc\1EMO - Cyberstalking lnfo.docIPiOlil6!08
SERVING \^1ASHINGTON CITIES SINCE 1993
Rc :,FT
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, AMENDING TUKWILA MUNICIPAL CODE SECTION 8.30.010,
ASSAULT AND OTHER CRIMES INVOLVING PHYSICAL HARM; PROVIDING
FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE
WHEREAS, in 2004, the State Legislature enacted legislation making cyberstalking a crime;
and
WHEREAS, in the interest of the public health, safety, and welfare, the City Council desires to
adopt by reference RCW 9.61.260, Cyberstalking, as presently constituted or hereinafter amended,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. TMC 8.30.010 Amended. Tukwila Municipal Code 8.30.010 (Assault and
Other Crimes Involving Physical Harm) is hereby amended to read as follows:
8.30.010 Assault and Other Crimes Involving Physical Harm
The following statutes of the State of Washington are adopted by
reference:
RCW 9A.36.041
RCW 9A.36.050
RCW 9A.36.070
RCW 9.61.230
RCW 9.61.240
RCW 9.61.250
RCW 9.61.260
Assault in the fourth degree.
Reckless endangerment
Coercion.
Telephone calls to harass, intimidate, torment or
embarrass.
Telephone calls to harass, intimidate, torment or
embarrass - Permitting telephone to be used.
Telephone calls to harass, intimidate, torment or
embarrass - Offenses, where deemed committed.
Cyberstalking.
Section 2. Severability. If any section, subsection, paragraph, sentence, clause or phrase of
this ordinance or its application to any person or situation should be held to be invalid or
unconstitutional for any reason by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this
ordinance or its application to any other person or situation.
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Section 3. Effective Date. This ordinance or a summary thereof shall be published in the
official newspaper of the City, and shall take effect and be in full force five days after passage and
publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular
Meeting thereof this day of , 2007.
ATTEST / AUTHENTI CATED:
Jane E. Cantu, CMC, City Clerk
Jim Haggerton, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
APPROVED AS TO FORM BY:
Shelley M. Kerslake, City Attorney
Macintosh HD: Users:stacia:.novell:groupwise:stacia:Client:54273: 18379:Cyberstalking.doc, 1/17/08, 2
RC\V 9.61.260: Cyberstalking.
Page 1 of 1
RCW 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:
(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.
(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:
(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.
(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 S 1.]
Notes:
Severability -- 2004 c 94: "If any provision of this act or its application to any person or circumstance is held invalid,
the remainder of the act or the application of the provision to other persons or circumstances is not affected." [2004 c
94 S 6.]
Effective dates -- 2004 c 94: "This act is necessary for the immediate preservation of the public peace, health, or
safety, or support of the state government and its existing public institutions, and takes effect immediately [March 24,
2004], except for section 3 of this act, which takes effect July 1, 2004." [2004 c 94 9 7.]
http://apps.leg.wa.govIRCW/default.aspx?cite=9.61.260
01117/2008