Chapter 10.18
TELEPHONE HARASSMENT
AND CYBERSTALKING
Sections:
10.18.010 Telephone harassment.
10.18.027 Disclosing intimate images.
10.18.030 Offense deemed committed where.
10.18.010 Telephone harassment.
Every person who, with intent to harass, intimidate, torment or embarrass any other person, shall make a telephone call to such other person:
A. Using any lewd, lascivious, indecent, or obscene words or language, or suggesting the commission of any lewd or lascivious act; or
B. Anonymously or repeatedly or at an extremely inconvenient hour, whether or not conversation ensues; 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;
shall be guilty of a gross misdemeanor except as provided in RCW 9.61.230(2) as now or hereafter amended. (Ord. 3067-08 § 1, 2008: Ord. 2449-00 § 1, 2000: Amended during 1/88 supplement; Ord. 1145-85 § 32, 1985)
10.18.020 Permitting telephone or electronic communications device to be used for telephone harassment, cyberstalking, or disclosure of intimate images.
Any person who knowingly permits any telephone or electronic communications device under his control to be used for any purpose prohibited by Section 10.18.010, 10.18.025, or 10.18.027 shall be guilty of a misdemeanor. (Ord. 3496-16 § 2, 2016: Ord. 3067-08 § 2, 2008: Amended during 1/88 supplement; Ord. 1145-85 § 33, 1985)
10.18.025 Cyberstalking.
A. 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:
1. Using any lewd, lascivious, indecent, or obscene words, images or language, or suggesting the commission of any lewd or lascivious act;
2. Anonymously or repeatedly, whether or not conversation occurs; or
3. Threatening to inflict injury on the person or property of the person called or any member of his or her family or household.
B. Cyberstalking is a gross misdemeanor, except as provided in RCW 9.61.260(3) as now or hereafter amended.
C. For purposes of this chapter, “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. (Ord. 3067-08 § 3, 2008)
10.18.027 Disclosing intimate images.
A. A person commits the crime of disclosing intimate images when the person knowingly discloses an intimate image of another person and the person disclosing the image:
1. Obtained it under circumstances in which a reasonable person would know or understand that the image was to remain private;
2. Knows or should have known that the depicted person has not consented to the disclosure; and
3. Knows or reasonably should know that disclosure would cause harm to the depicted person.
B. This section does not apply to:
1. Images involving voluntary exposure in public or commercial settings; or
2. Disclosures made in the public interest including, but not limited to, the reporting of unlawful conduct, or the lawful and common practices of law enforcement, criminal reporting, legal proceedings, or medical treatment.
C. This section does not impose liability upon the following entities solely as a result of content provided by another person:
1. An interactive computer service, as defined in 47 U.S.C. 230(f)(2);
2. A provider of public or private mobile service, as defined in Section 13-214 of the Public Utilities Act; or
3. A telecommunications network or broadband provider.
D. It shall be an affirmative defense to a violation of this section that the defendant is a family member of a minor and did not intend any harm or harassment in disclosing the images of the minor to other family or friends of the defendant. This affirmative defense shall not apply to matters defined under RCW 9.68A.011.
E. For purposes of this section:
1. “Disclosing” includes transferring, publishing, or disseminating, as well as making a digital depiction available for distribution or downloading through the facilities of a telecommunications network or through any other means of transferring computer programs or data to a computer;
2. “Intimate image” means any photograph, motion picture film, videotape, digital image, or any other recording or transmission of another person who is identifiable from the image itself or from information displayed with or otherwise connected to the image, and that was taken in a private setting, is not a matter of public concern, and depicts:
a. Sexual activity, including sexual intercourse as defined in RCW 9A.44.010 and masturbation; or
b. A person’s intimate body parts, whether nude or visible through less than opaque clothing, including the genitals, pubic area, anus, or post-pubescent female nipple.
F. The crime of disclosing intimate images is a gross misdemeanor.
G. Nothing in this section is construed to:
1. Alter or negate any rights, obligations, or immunities of an interactive service provider under 47 U.S.C. 230; or
2. Limit or preclude a plaintiff from securing or recovering any other available remedy. (Ord. 3496-16 § 1, 2016)
10.18.030 Offense deemed committed where.
Any offense committed under this chapter 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. (Ord. 3067-08 § 4, 2008: Ord. 1145-85 § 34, 1985)