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RCW 9.61.260 Cyber stalking. Here is the definition but need clarification, does there need to be a pattern?

Kent, WA |

A pattern is always better but I read no where that states a pattern is necessary. What I did read is the word "an" electronic communication and "anonymously OR repeatedly."

(1) A person is guilty of cyberstalking if he or she, with intent to harass etc, 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

Is (B) the second element needed to arrest and convict?

Attorney Answers 1

  1. "Or" means any one of the alternatives (a, b, or c) would be sufficient.
    The standard to arrest is "probable cause".
    The standard to convict is "beyond a reasonable doubt".
    Cyberstalking is a new crime and there don't seem to be any Washington published opinions on point, but you can check on the website.

    [In accordance with the Avvo community guidelines, this communication does not constitute "legal advice", nor does it form an attorney-client relationship.]

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