A Guide to Understanding Harassment Laws in Washington State

What Is Considered Harassment in Washington?

The legal definition of harassment in Washington State is outlined under RCW 10.14.020. In this statute, harassment is defined as a knowing and willful course of conduct that is substantially beyond the "reasonable person standard." Under this definition, the course of conduct must either substantially interfere with a person’s basic right to privacy; seriously terrify, intimidate, or harass a person; or create physical harm to a person or property. Course of conduct is described as a pattern of conduct "composed of a series of acts over a period of time, however short, evidencing a continuity of purpose." Such conduct includes but is not limited to "following or being followed; monitoring using aural or video means; entering or remaining on private property; taking of photographs, videotapes, or sound recordings; sending of private messages; communication by spoken word, email, text message, or writing; and posting on public or private Internet sites."
It is important to note that harassment is often a component in ongoing domestic violence cases. If harassment occurs as part of a pattern of domestic violence , victims can seek a protection order from the court. A domestic violence harassment protection order prohibits the abuser from contacting the victim by any means, including over the phone, in person, or through third-party contact. It can also prohibit the abuser from coming to the victim’s home, workplace, or other location where they frequently visit. A domestic violence harassment protection order is valid for a year, although it can be extended indefinitely if necessary.
In Washington, harassment is considered a gross misdemeanor, punishable by up to a year in jail and a fine of up to $5,000, although these penalties can increase depending on the circumstances surrounding the harassment. A third or subsequent conviction within five years of a previous conviction of certain offenses under Chapter 9A.46 RCW (criminal harassment, telephone harassment, stalking, etc.) or other specified offenses could result in a class C felony, which is also punishable by up to five years in jail and a fine of up to $10,000. Certain forms of harassment, such as telephone harassment and stalking, can lead to other criminal charges.

Common Types Of Harassment Under Washington Law

Washington courts recognize various forms of harassment, including sexual harassment, workplace harassment, and cyber harassment. Each type of harassment has specific legal implications.
Sexual harassment, defined under federal law, consists of repeated unwelcomed or unsolicited behavior of a sexual nature, including sex-related remarks, lewd jokes, unwanted touching, and sexually inappropriate gestures. State law recognizes and elaborates on this definition. Washington’s sexual harassment laws apply in the workplace, as well as in public facilities. Sexual harassment laws in other states, however, only extend to the workplace.
Workplace harassment, in Washington, is considered any unwelcome, discriminatory behavior related to an employee’s job, overseen by their employer. It is illegal for an employer to subject any employee to discrimination or harassment in the workplace. If an employer refuses to discipline an offending employee or fails to prevent workplace harassment, they may be held liable. State laws that govern workplace harassment are similar to those upheld under Federal laws.
Cyber harassment in Washington prohibits any type of harassment through use of the internet, email, or other forms of electronic communication. A defendant who is found guilty of cyber harassment in Washington may face criminal charges including anti-stalking laws, which prohibit entering a home or work with the intent to commit the crime.

Washington State Harassment Laws and Statutes

Washington State is not alone in passing laws prohibiting harassers from stalking and harassing their victims. Washington State has a number of statutory provisions, both criminal and civil, that address this behavior.
Stalking Cases. Chapter 9A.46 RCW of the Washington State Code makes stalking a crime. The statute makes it a Class C Felony for a person to "maliciously and intentionally" harass another person, which causes that person to be afraid that they or a member of their immediate family is under threat of death or bodily harm. First time offenders are guilty of a Class C Felony, which carries a maximum five year sentence and/or a $10,000 fine.
Criminal Harassment. Chapter 9A.46 RCW also adds on two more offenses: Criminal Harassment (RCW 9A.46.020) and Aggravated Stalking (RCW 9A.46.110). Criminal Harassment is a gross misdemeanor, punishable by up to one year in jail and/or a $5,000 fine. Under this statute, it is a crime to "knowingly harass" a person by either following them around, or engaging in a series of acts that would cause a reasonable person to be seriously alarmed or frightened. The acts do not have to be violent or physically threatening to be a crime.
Aggravated Stalking. This statute, RCW 9A.46.110, is a Class B Felony conviction that comes with a 10 year maximum sentence and/or a $20,000 fine. A person is guilty of Aggravated Stalking when they commit Criminal Harassment and also meet all of the following conditions:

• have a previous conviction for criminal harassment,
• have made a threat to kill or harm the victim or the victim’s immediate family, or
• have engaged in the use or threatened use of a firearm or any other weapon.

Civil Restraining Orders. Under RCW 7.92.020, Washington State law allows a petitioner to petition the court for a restraining order or anti-harassment order against the perpetrator once they are a victim of any of the following:

• Stalking
• Criminal Harassment
• Aggravated Stalking
• Unlawful imprisonment
• Communication which is done with the intent to harass or intimidate

Once the petitioner files the restraining order or anti-harassment order and proper notice is given to the harasser, the harasser is forbidden from any further communication or physical contact with the person named in the order.
Civil Lawsuit. Washington State also allows the victim of harassment to sue the perpetrator for any damages resulting from their actions (RCW 4.24.510). These damages can include emotional pain and suffering, loss of consortium with your spouse, loss of your job and/or savings, as well as any medical bills you may have incurred. The damages can add up quickly if you are dealing with various legal problems because of the harasser’s abusive behavior.
Mailing Behavior. Harassment is not just limited to in-person behavior. Even the act of sending unwanted mail affects the victim can be considered harassment under Washington law (RCW 9.61.230). Unsurprisingly, maliciously writing or sending correspondence hoping to harass or intimidate can land you in trouble.

How Washington Harassment Complaints Work

If you are facing harassment, you may not know that you have a legal right to file a harassment protection order to help prevent further harassment. Washington State laws protect individuals from harassment, stalking, and abuse, and harassment is defined as any course of conduct directed at a specific person that seriously terrifies, threatens, or intimidates that person. A course of conduct is defined as two or more acts over a period of time, however short, including acts that show a continuity of purpose. In other words, that means there must be at least two acts, whether verbal threats or actual physical abuse, that have a purpose to cause harm or intimidation to an individual.
To file a harassment protection order, one must file a document called a Petition for Protection from Harassment. This petition should include details of the incident/s of harassment such as the date, location, and context of each incident. All incidents of harassment must be categorized into three points: the nature of the incident, the scope of the incident, and the relationship between the harasser and the victim. If an individual fears for their safety or the safety of a family member due to the harassment, they should also consider filing a Domestic Violence Protection Order or an Anti-Harassment Protection Order. These types of protection orders can help to ensure the protection of the individual and their family through the local Sheriff’s Department, which will be responsible for collecting evidence and filing the petition with the court. The information in the petition will then serve as the basis for issuing the temporary and final protection orders in regard to harassment in Washington State.
Victims of harassment in Washington State should file for protection orders in the county where they reside. There are both costs and time frames associated with filing a protection order lawsuit and it is recommended that the applicant (the individual filing the petition) seeks the counsel and assistance of legal representation to help in filing the necessary forms and petition. After filing, the harassment protection order lawsuit will be subject to court rules and timelines and there may be a waiting period before a hearing on the matter is held. The hearing process generally starts one to three weeks after the protection order lawsuit petition has been filed and the time frame for the hearing will depend on the judge’s calendar. Before the hearing, the petitioner should gather evidence of the alleged harassment, such as police reports or medical records associated with the incidents of harassment. Evidence may also include additional witnesses who have witnessed the harassment or who have any information regarding any physical or mental impairment the conduct has caused you to suffer. To testify, the individual must be able to put together a timeline of the events along with any copies of the texts, emails, voice messages, and other evidence supporting application of a harassment protection order. A petition requesting an anti-harassment protection order or a domestic violence protection order seeking to restrain further harassment or domestic violence requires a hearing to determine the validity of the petition under the rules of civil procedure.
A court can order a harassment protection order even if the alleged harasser is currently in prison for incarceration for another crime or is subject to conditions of post-incarceration release.

Possible Penalties for Being Found Guilty of Harassment

If you or someone you know has found themselves facing criminal harassment charges, you know how serious these charges can be. Even in cases where the harassment was not intended, the fact that it is deemed to be a criminal act can lead to serious penalties, guilty findings on your criminal record, and significant legal fees. However, the severity of the penalties and consequences you face for this charge will depend on a few different factors.
First, it will depend on the criminal charge itself that has been filed against you. The most common of these is known as Malicious Harassment, which is a class C felony in Washington State. This type of offense can lead to some serious repercussions, including a class A felony charge that could potentially involve as many as 10 years in prison, personal fines of up to $50,000, or both. Criminal charges of this level are not regularly offered to individuals facing this type of offense, but whenever they are, it is important to understand exactly what you are getting into.
In addition to the criminal consequences discussed above, you may also be facing civil penalties as well . For instance, if you are found guilty of malicious harassment or another form of harassment, you could be facing as much as $5000 in civil damages to the victim of the crime. In some instances, this amount can increase depending on the possible extent of harm caused to the victim.
However, it’s important to note that there are some defenses available to help protect individuals from what might be an innocent mistake. For instance, if the harassment charge was made because of a misunderstanding of social norms or out of ignorance or even as a prank, it may be possible to claim that no real malicious intent was behind the interaction at play. Though innocent or accidental individuals facing charges will likely still be facing the possibility of criminal charges, this may be a way to seek a lesser punishment from the civil courts.
If you are facing a Malicious Harassment charge or any other kind of harassment charge in Washington State, it is important that you understand the potential consequences and penalties you might face so as to get a sense of what kind of conditions you might be facing in the future.

What Harassment Victims Can Do About It

In addition to turning to law enforcement for protection, there are a number of resources available to victims of harassment here in Washington state. A person suffering harassment has the option of seeking a protection order through the court system or civil restraining order through the police department. The former is commonly called a domestic violence protection order, and is available to you if you are a survivor of both physical and sexual violence or stalking at the hands of your harasser. In essence, a court-approved protection order is an official court document designed to keep you safe from harm in situations where you have no other option. Advocacy agencies are also available in to offer help to victims of harassment. These advocacy groups can assist you in requiring the harassing individual to meet certain conditions of behavior in order to avoid further contact with you. Some of these groups can also refer you to counseling agencies in case you need ongoing emotional or psychological support following your experience.

Recent Case Study Updates

In 2017, the Washington State Legislature passed E2SSB 5476, which amended RCW 49.60.221 to add harassment with a "pattern or repetitive nature" to the list of prohibited discriminatory acts. This echoes language that already appeared in the other sections of the WLAD, including RCW 49.60.206 which prohibits "[a]ny person who . . . commits an act of discrimination against any other person" (emphasis added). The definition of "act of discrimination" under RCW 49.60.040(19) includes both (a) "an unfair practice" and (b) "any act which is a violation" of the WLAD. In Hewitt v. Chatom Windows, Inc. , the Division One Court of Appeals explained that "Washington courts have held that the phrase ‘any act which is a violation’ is broader than the term ‘unfair practice’ and that acts not specified in RCW 49.60.180 constitute an ‘act which is a violation’ of the [WLAD] if that act has the effect of unreasonably interfering with a person’s work performance or creating an intimidating, hostile or offensive work environment." 179 Wn. App. 1043 (2014) (affirming award of attorney’s fees when employer failed to follow its own written policies prohibiting harassment). This expands the scope of possible violations under the WLAD, without materially changing the substance of the WSHRL’s prior prohibitions on harassment. This makes it less likely that a defendant will be able to dispose of a harassment claim early in litigation; therefore, WSHRL litigants may be challenged to match the substantial investments of time and money previously required for FDCA cases.