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Harassment
RCW: 9A.46.020
Elements of the Crime & PC Checklist
Essential facts to establish probable cause.
Required Elements
- The defendant, without lawful authority, knowingly threatened:
- To cause bodily injury immediately or in the future to the person threatened or to any other person; OR
- To cause physical damage to the property of a person other than the actor; OR
- To subject the person threatened or any other person to physical confinement or restraint; OR
- Maliciously to do any other act which is intended to substantially harm the person threatened or another with respect to his or her physical or mental health or safety;
- And by words or conduct placed the person threatened in reasonable fear that the threat will be carried out.
Probable Cause Checklist
- Identify the specific threat made.
- Establish the threat was communicated to the victim.
- Victim statement articulating they were in reasonable fear the threat would be carried out.
- Evidence of the communication (texts, emails, voicemails, witness to verbal threat).
- Determine if there are prior convictions that would elevate the charge to a felony.