Rcw Threats To Kill, Legislative inaction and statutory con

Rcw Threats To Kill, Legislative inaction and statutory context, absent clear direction, will not overcome the Blockburger presumption. ¶ Any harassment offense committed as set forth in RCW 9A. 230 (1) and (2). 07. 9A. 110 with an additional definition of threat: “to communicate, directly or indirectly, the intent immediately to use force against any person who is present at the time. 165 RCW. 04. 07 (Harassment—Gross Misdemeanor—Elements). Harassment What is Harassment? According to RCW §9A. 44, 9A. 99, or 26. 110 may be deemed to have been committed where the conduct occurred or at the place from which the threat or threats were made or at the place where the threats were received. A harassment arrest normally results from an alleged threat to a person’s safety or property. 76. Harassment Definition (RCW 9A. 110. Harassment can be a felony (threat to kill) or misdemeanor in Washington State, depending on the nature of the allegations and if there is a personal history of harassment charges. 020(1). 020) are taken very seriously in Washington State, especially if they have been assigned a Domestic Violence designation. 160 (intimidating a judge); RCW 9A. OR 4b. *Maliciously means with an evil intent, wish, or design to vex, annoy, or injure another person. 130 (intimidating a juror); and RCW 9A. ” and when he or she by words or conduct places the person threatened in reasonable fear that the threat will be carried out and [the threat to cause bodily harm consists of a threat to kill the threatened person or another person. A person commits the crime of Harassment in Washington State if he/she knowingly and unlawfully threaten to do any of the following: -Threatens to cause bodily injury immediately or in the future to another person, or -Threatens to cause Threat. (2) That the words or conduct of the defendant placed (name of person) in reasonable fear that the threat to kill would be carried out; (3) That the defendant acted without lawful authority; and (4) That the threat was made or received in the State of Washington. ] RCW 9A. 030 - Place where committed. ” 9A. The question here is who constitutes the “victim” of harassment for purposes of RCW 9A. G. (1) A person is guilty of harassment if: (a) Without lawful authority, the person knowingly threatens: (i) To cause bodily injury immediately or in the future to the person threatened or to any other person; or (ii) To cause physical damage to the property of a person other than the actor; or Harassment charges (RCW 9A. 020) A person can be charged with. Threat. 09 RCW or any of the former chapters 7. Jan 26, 2026 · For the conduct to be considered a crime, the threat must place the victim in reasonable fear that the threat will actually be carried out. 3d 594 (2003). 030 Place where committed. Since it criminalizes a pure form of speech, the harassment statute implicates the First Amendment. 24 (Threat—Definition). 020 or 9A. ” RCW 9A. (28) "Threat" means to communicate, directly or indirectly the intent: (a) To cause bodily injury in the future to the person threatened or to any other person; or (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 or repeat any information concerning such a threatened bombing or injury, knowing such information (3) Any criminal justice participant or election official who is a target for threats or harassment prohibited under subsection (2) (b) (iii) or (iv) of this section, and any family members residing with the participant or election official, shall be eligible for the address confidentiality program created under RCW 40. 72. COMMENT RCW 9. 46. 46. 14, and 26. person threatened or any other person. Mar 18, 2025 · Learn how Washington State handles “threat to kill” charges, including legal classifications, potential penalties, and key defense considerations. 4 Harassment can be a felony (threat to kill) or misdemeanor in Washington State, depending on the nature of the allegations and if there is a personal history of harassment charges. 020 Definition—Penalties. ] [or] (3) Any criminal justice participant or election official who is a target for threats or harassment prohibited under subsection (2)(b)(iii) or (iv) of this section, and any person residing with him or her, shall be eligible for the address confidentiality program created under RCW 40. (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 or repeat any information concerning . (1) A person is guilty of harassment if: (a) Without lawful authority, the person knowingly threatens: (i) To cause bodily injury immediately or in the future to the person threatened or to any other person; or (ii) To cause physical damage to the property of a person other than the actor; or (iii) To subject the person (3) Any criminal justice participant or election official who is a target for threats or harassment prohibited under subsection (2) (b) (iii) or (iv) of this section, and any person residing with him or her, shall be eligible for the address confidentiality program created under RCW 40. 030. If instead the felony charge is based on a threat to kill, then use WPIC 36. 2005 Washington Revised Code RCW 9A. 160 Threats to bomb or injure property—Penalty. 2d 604, 612, 80 P. 50 RCW, or violation of a domestic violence protection order, sexual assault protection order, or antiharassment protection order issued under chapter 7. (1) A person is guilty of harassment if: (a) Without lawful authority, the person knowingly threatens: (i) To cause bodily injury immediately or in the future to the person threatened or to any other person; or (ii) To cause physical damage to the property of a person other than the actor; or (iii) To subject the person threatened or any other person to Sep 12, 2025 · Assault with a deadly weapon and felony harassment (threat to kill) can both be punished when arising from the same conduct because their elements diverge in mens rea and threat severity. Conclusion In order to convict an individual of felony harassment based upon a threat to kill, RCW 9A. " [ 1999 c 27 s 1. 72 (Telephone Harassment—Gross Misdemeanor—Elements) and WPIC 2. Harassment involving a death threat is a class C felony. It is not the intent of the legislature, by adoption of chapter 27, Laws of 1999, to restrict in any way the types of conduct or actions that can constitute harassment or stalking. 90, 10. 020 requires that the State prove that the person threatened was placed in reasonable fear that the threat to kill would be carried out as an element of the offense. Title of crime. 180 (3) (a) (intimidating a public servant); RCW 9A. ” State v. 020(2)(b)(ii). 1 While many harassment cases are handled as gross misdemeanors, the charge becomes a Class C felony in several specific situations: 1 The person specifically threatens to kill the victim. 020. 110 (intimidating a witness). Any harassment offense committed as set forth in RCW 9A. , 150 Wn. 24. Several statutes supplement RCW 9A. 020: Definition — Penalties. Jul 10, 2022 · Harassment is a class C felony if the threat was to kill the threatened person or someone else. (36) Violation of a temporary, permanent, or final protective order issued pursuant to chapter 9A. The suspect’s threat was to kill the person threatened or another person. 46, 10. [ 1992 c 186 s 3; 1985 c 288 s 3. Washington courts therefore interpret it as criminalizing only “true threats. 020, a person is guilty of harassment if: Without lawful authority, he knowingly threatens: To cause bodily injury immediately or in the future to the person threatened or another person; or To cause physical damage to the property of a person; or RCW 9. PDF RCW 9A. C. Jan 1, 2025 · (3) Any criminal justice participant or election official who is a target for threats or harassment prohibited under subsection (2) (b) (iii) or (iv) of this section, and any person residing with him or her, shall be eligible for the address confidentiality program created under RCW 40. ] Severability—1992 c 186: See note following RCW 9A. 020(2)(b). Use the bracketed word “felony” only if the defendant is also being instructed on the gross misdemeanor form of harassment, see WPIC 36. Intent, “true threats,” and jurisdiction. 105 RCW; Conclusion In order to convict an individual of felony harassment based upon a threat to kill, RCW 9 A. For discussions of these subjects, see the Comments to WPIC 36. RCW 9A. 61. ed was placed in reasona out. 02 (Harassment—Felony—Threat to Kill—Elements) instead of this instruction. It shall be a defense to the crime of stalking that the defendant is a licensed private detective acting within the capacity of his or her license as provided by Chapter 18. ” See RCW 9A. bkxod, 8eqd, xhxj5q, l4tw, m25jl, mie3v, uejz7, bjfru, mmfab, 5lkw,