RCW 10.14.160. Telephone harassmentharassment However, those who have been convicted of harassment before, threaten to kill someone or threaten someone involved in a criminal trial can be charged with a Class C felony. However, if this is not your first stalking or harassment charge or you commit the offense in violation of a protection or restraining order than you face Class C felony charges and a potential sentence of up to one year in prison, community service, fines, and a period of community supervision. In Washington state, a threat, no matter how it was meant, can be perceived as harassment and can lead to criminal charges against you. (36) Violation of a temporary, permanent, or final protective order issued pursuant to chapter 9A.44, 9A.46, 10.99, or 26.09 RCW or any of the former chapters 7.90, 10.14, and 26.50 RCW, or violation of a domestic violence protection order, sexual assault protection order, or antiharassment protection order issued under chapter 7.105 RCW; . WPIC 36.07.02 HarassmentFelonyThreat to KillElements To convict the defendant of the crime of [felony] harassment, each of the following elements of the crime must be proved beyond a reasonable doubt: (1) That on or about (date), the defendant knowingly threatened to kill (name of person) immediately or in the future; (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 . Intent -- Effective date -- 2003 c 53: See notes following RCW 2.48.180. Use this instruction when the crime charged is non-felony harassment under RCW 9A.46.020 or when the jury is being instructed on non-felony harassment as a lesser included offense. Intent -- 1999 c 27: "It is the intent of chapter 27, Laws of 1999 to clarify that electronic communications are included in the types of conduct and actions that can constitute the crimes of harassment and stalking. It is not the intent of the legislature, by adoption of chapter 27, Laws of 1999, to restrict in any way . This is punishable by five years . RCW 10.14.010 Legislative finding, intent. For a conviction of Misdemeanor Harassment, the maximum penalty is 365 days in jail and a $5000 fine. A threat, even a threat to kill, that is uttered under circumstances that would not lead a reasonable person to believe that the threat was likely to be carried . . True threat. If there have been no previous incidents of "harassment" between the defendant and the victim or victim's family and the threat was not "to kill", the action would be classified as a gross misdemeanor. (2) For purposes of this section "public servant" shall not include jurors. Felony harassment is punishable as a class C felony, which has a maximum punishment of five years imprisonment, a fine of up to $10,000, or both. Ref: RCW 9A.46.110. 17 threats or harassment prohibited under RCW 9A.46.020(2)(b) (iii) or 18 (iv), or that the applicant, as a criminal justice participant as 19 defined in RCW 9.61.260 (as recodified by this act) is a target for 20 threats or harassment prohibited under RCW 9.61.260(2)(b) (iii) or (iv) (as recodified by this act)21 ; (1) A person is guilty of intimidating a public servant if, by use of a threat, he or she attempts to influence a public servant's vote, opinion, decision, or other official action as a public servant. (2) The person is guilty of a class C felony punishable according to chapter 9A.20 RCW if either of the following applies: Surrender Firearms: Requirethe respondent to immediately surrender all firearms, other dangerous weapon . (1) A person is guilty of cyber harassment if the person, with intent to harass or intimidate any other person, and under circumstances not constituting telephone harassment, makes an electronic communication to that person or a third party and the communication: Threats to bomb or injure property Penalty. (c) 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. A person commits the crime of [felony] harassment when he or she, without lawful authority, knowingly threatens [to cause bodily injury immediately or in the future to another person] [or] [to cause physical damage to another person's property] [or] [to subject another person to physical confinement or restraint] [or] Felony harassment also occurs if the harassment is a threat to kill someone or if the threat is against a member of the criminal judicial system. Stalking The constitution requires the prosecution to prove a true threat for many offenses, including: felony harassment involving a threat to kill (see cases cited earlier in this section); threats to bomb or injure property (see State v. Johnston, 156 Wn.2d 355, 127 P.3d 707 (2006)); threats involved in intimidating a judge (State v. These cases are complex, so talk to a lawyer right away. If the threat was to kill, then it can be charged as felony harassment. PDF RCW 9A.76.180 Intimidating a public servant. (b) a person who harasses another is guilty of a class c felony if any of the following apply: (i) the person has previously been convicted in this 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 no-contact or 9A.46.040 Court-ordered requirements upon person charged with crime -- Violation. Generally speaking, if a witness claims you made a threat to harm another, and placed them in fear that you would, then the elements of harassment are made out. A felony harassment charge in Washington State is a Class C felony, which is punishable by up to 5 years in jail, a $10,000 fine, and loss of gun rights. Felony Harassment Harassment charges are a felony if there was a death threat or there has been a past harassment conviction involving the alleged victim or one of their family members. As such it is punishable by up to 365 days in jail and a $5,000.00 fine.
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