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Home My WebLink AboutCOW 2008-01-28 Item 4H - Ordinance - Cyberstalking by Reference RCW 9.16.260 O w, COUNCIL AGENDA SYNOPSIS Initials ITEM NO. I .,:k e I G Meeting Date 1 Prepared by 1 Mayor's review 1 Council review w 01/28/08 I PBB I �t, �_1 1808 4. 1 ITEM `INFORMATION CAS NUMBER: 08-012 1 ORIGINAL AGENDA DATE: JANUARY 28, 2008 AGENDA ITEM TITLE An ordinance adopting by reference RCW 9.16.260, Cyberstalking CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date 1/28/08 Mtg Date Mtg Date Mtg Date 2/4/08 Mtg Date Mtg Date Mtg Date !SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PW SPONSOR'S The proposed ordinance adopts by reference RCW 9.61.260 regarding cyberstalking. SUMMARY Cyberstalking occurs when electronic communications such as e-mail, text messaging, etc. are used to harass, intimidate, torment or embarrass others. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DAI'E: 1/23/08 RECOMMENDATIONS: SPONSOR /ADMIN. Approve CoMMITIEE Unanimous Approval; Forward to Committee of the Whole C O ST IMPACT -FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. -DATE 1 RECORD OF-COUNCIL ACTION 1 I MTG, DATE I ATTACHMENTS 1/28/08 Informational Memorandum dated 1/16/08 with attachments (Due to the shortened work week, Finance Safety Committee Minutes are pending) 1 1 KENYON DISEND, PLLC THE MUNICIPAL LAW FIRM MICHAEL R. KENYON 11 FRONT STREET SOUTH KERRI A. JORGENSEN BRUCE L. DISEND ISSAQUAH, WASHINGTON 98027 -3820 PETER B. BECKWTTH SHEJ.T.EY M. KERSLAKE WWW.KENYONDISEND.COM RENEE G. WALLS (425) 392 -7090 (206) 628 -9059 KAKI L. SAND SANDRA S. MEADO' VCROFT FAX (425) 392 -7071 MONICA A. BUCK CHRIS D. BACHA KATHRYN J. HARDY MARGARET J. KING AMY ]O PEARSALL INFORMATION MEMO To: Finance and Safety Committee From: Peter Beckwith, Assistant City Attorney Date: January 16, 2008 Re: Adopting by Reference RCW 9.61.260, Cyberstalking ISSUE Whether the City Council should adopt RCW 9.61.260 to make cyberstalking a crime. BACKGROUND/DISCUSSION In 2004, the Legislature enacted RCW 9.61.260 making cyberstalking a crime. Cyberstalking occurs when electronic communications, such as e -mail, text messaging, etc, are used to harass, intimidate, torment or embarrass others. The City's prosecutor has seen evidence of this crime in 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. RECOMMENDATION Our office recommends adopting by reference RCW 9.61.260, Cyberstalking. Attachments: Proposed ordinance and copy of RCW 9.61.260. C:\NNovell \GroupWise\MEMO Cyberstalking Info.doc/P/01/1 6/08 SERVING WASHINGTON CITIES SINCE 1993 DRAFT 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 Tukwila 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 include the adoption of RCW 9.61.260, "Cyberstalking," 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 Assault in the fourth degree. RCW 9A.36.050 Reckless endangerment RCW 9A.36.070 Coercion. RCW 9.61.230 Telephone calls to harass, intimidate, torment or embarrass. RCW 9.61.240 Telephone calls to harass, intimidate, torment or embarrass Permitting telephone to be used. RCW 9.61.250 Telephone calls to harass, intimidate, torment or embarrass Offenses, where deemed committed. RCW 9.61.260 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. 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 2008. ATTEST /AUTHENTICATED: Jim Haggerton, Mayor Jane E. Cantu, CMC, City Clerk Filed with the City Clerk: APPROVED AS TO FORM BY: Passed by the City Council: Published: Effective Date: Shelley M. Kerslake, City Attorney Ordinance Number: C: \Documents and Settings \All Users Desktop Kelly \MSDATA \Ordinances\ Cyberstalking.doc PB:ksn 1/24/2008 Page 1 of 1 RCW 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. [2004c94 §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 §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 7.] http: /apps.leg.wa.gov /RCW /default.aspx ?cite= 9.61.260 01/17/2008