CERTIFICATION OF ENROLLMENT
ENGROSSED SUBSTITUTE SENATE BILL 5628
Chapter 231, Laws of 2022
67th Legislature
2022 Regular Session
CYBERSTALKING AND CYBER HARASSMENT
EFFECTIVE DATE: June 9, 2022—Except for sections 8, 9, 11, 13, and
15, which take effect July 1, 2022.
Passed by the Senate March 7, 2022 CERTIFICATE
Yeas 49 Nays 0
I, Sarah Bannister, Secretary of
the Senate of the State of
DENNY HECK Washington, do hereby certify that
President of the Senate the attached is ENGROSSED
SUBSTITUTE SENATE BILL 5628 as
passed by the Senate and the House
of Representatives on the dates
Passed by the House March 3, 2022 hereon set forth.
Yeas 97 Nays 1
SARAH BANNISTER
LAURIE JINKINS
Secretary
Speaker of the House of
Representatives
Approved March 30, 2022 2:49 PM FILED
March 31, 2022
Secretary of State
JAY INSLEE State of Washington
Governor of the State of Washington
 ENGROSSED SUBSTITUTE SENATE BILL 5628
AS AMENDED BY THE HOUSE
Passed Legislature - 2022 Regular Session
State of Washington 67th Legislature 2022 Regular Session
By Senate Law & Justice (originally sponsored by Senators Dhingra,
Frockt, Kuderer, Stanford, Trudeau, Wellman, and C. Wilson)
READ FIRST TIME 01/21/22.
1 AN ACT Relating to cyber harassment, addressing concerns in the
2 case of Rynearson v. Ferguson, and adding a crime of cyberstalking;
3 amending RCW 9.61.260, 9A.90.030, 40.24.030, 7.77.170, 7.92.020,
4 7.105.010, 7.105.310, 9.94A.030, 9.94A.515, 9.94A.515, 9A.46.060,
5 9A.46.060, 26.50.060, and 26.50.070; reenacting and amending RCW
6 9.94A.030; adding new sections to chapter 9A.90 RCW; recodifying RCW
7 9.61.260; prescribing penalties; providing an effective date; and
8 providing an expiration date.
9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
10 Sec. 1. RCW 9.61.260 and 2004 c 94 s 1 are each amended to read
11 as follows:
12 (1) A person is guilty of ((cyberstalking)) cyber harassment if
13 ((he or she)) the person, with intent to harass((,)) or intimidate((,
14 torment, or embarrass)) any other person, and under circumstances not
15 constituting telephone harassment, makes an electronic communication
16 to ((such other)) that person or a third party and the communication:
17 (a) ((Using)) (i) Uses any lewd, lascivious, indecent, or obscene
18 words, images, or language, or ((suggesting)) suggests the commission
19 of any lewd or lascivious act;
20 (((b) Anonymously)) (ii) Is made anonymously or repeatedly
21 ((whether or not conversation occurs)); ((or
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 1 (c) Threatening to inflict injury on the person or property of
2 the person called or any member of his or her family or household))
3 (iii) Contains a threat to inflict bodily injury immediately or in
4 the future on the person threatened or to any other person; or
5 (iv) Contains a threat to damage, immediately or in the future,
6 the property of the person threatened or of any other person; and
7 (b) With respect to any offense committed under the circumstances
8 identified in (a)(iii) or (iv) of this subsection:
9 (i) Would cause a reasonable person, with knowledge of the
10 sender's history, to suffer emotional distress or to fear for the
11 safety of the person threatened; or
12 (ii) Reasonably caused the threatened person to suffer emotional
13 distress or fear for the threatened person's safety.
14 (2) ((Cyberstalking is a gross misdemeanor, except as provided in
15 subsection (3) of this section.
16 (3) Cyberstalking is a class C felony if either of the following
17 applies:
18 (a) The perpetrator has previously been convicted of the crime of
19 harassment, as defined in RCW 9A.46.060, with the same victim or a
20 member of the victim's family or household or any person specifically
21 named in a no-contact order or no-harassment order in this or any
22 other state; or
23 (b) The perpetrator engages in the behavior prohibited under
24 subsection (1)(c) of this section by threatening to kill the person
25 threatened or any other person.
26 (4))) (a) Except as provided in (b) of this subsection, cyber
27 harassment is a gross misdemeanor.
28 (b) A person who commits cyber harassment is guilty of a class C
29 felony if any of the following apply:
30 (i) The person has previously been convicted in this or any other
31 state of any crime of harassment, as defined in RCW 9A.46.060, of the
32 same victim or members of the victim's family or household or any
33 person specifically named in a no-contact or no-harassment order;
34 (ii) The person cyber harasses another person under subsection
35 (1)(a)(iii) of this section by threatening to kill the person
36 threatened or any other person;
37 (iii) The person cyber harasses a criminal justice participant or
38 election official who is performing the participant's official duties
39 or election official's official duties at the time the communication
40 is made;
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 1 (iv) The person cyber harasses a criminal justice participant or
2 election official because of an action taken or decision made by the
3 criminal justice participant or election official during the
4 performance of the participant's official duties or election
5 official's official duties; or
6 (v) The person commits cyber harassment in violation of any
7 protective order protecting the victim.
8 (3) Any criminal justice participant or election official who is
9 a target for threats or harassment prohibited under subsection
10 (2)(b)(iii) or (iv) of this section, and any family members residing
11 with the participant or election official, shall be eligible for the
12 address confidentiality program created under RCW 40.24.030.
13 (4) For purposes of this section, a criminal justice participant
14 includes any:
15 (a) Federal, state, or municipal court judge;
16 (b) Federal, state, or municipal court staff;
17 (c) Federal, state, or local law enforcement agency employee;
18 (d) Federal, state, or local prosecuting attorney or deputy
19 prosecuting attorney;
20 (e) Staff member of any adult corrections institution or local
21 adult detention facility;
22 (f) Staff member of any juvenile corrections institution or local
23 juvenile detention facility;
24 (g) Community corrections officer, probation officer, or parole
25 officer;
26 (h) Member of the indeterminate sentence review board;
27 (i) Advocate from a crime victim/witness program; or
28 (j) Defense attorney.
29 (5) For the purposes of this section, an election official
30 includes any staff member of the office of the secretary of state or
31 staff member of a county auditor's office, regardless of whether the
32 member is employed on a temporary or part-time basis, whose duties
33 relate to voter registration or the processing of votes as provided
34 in Title 29A RCW.
35 (6) The penalties provided in this section for cyber harassment
36 do not preclude the victim from seeking any other remedy otherwise
37 available under law.
38 (7) Any offense committed under this section may be deemed to
39 have been committed either at the place from which the communication
40 was made or at the place where the communication was received.
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1 (((5))) (8) For purposes of this section, "electronic
2 communication" means the transmission of information by wire, radio,
3 optical cable, electromagnetic, or other similar means. "Electronic
4 communication" includes, but is not limited to, ((electronic mail))
5 email, internet-based communications, pager service, and electronic
6 text messaging.
7 Sec. 2. RCW 9A.90.030 and 2016 c 164 s 3 are each amended to
8 read as follows:
9 The definitions in this section apply throughout this chapter
10 unless the context clearly requires otherwise.
11 (1) "Access" means to gain entry to, instruct, communicate with,
12 store data in, retrieve data from, or otherwise make use of any
13 resources of electronic data, data network, or data system, including
14 via electronic means.
15 (2) "Cybercrime" includes crimes of this chapter.
16 (3) "Data" means a digital representation of information,
17 knowledge, facts, concepts, data software, data programs, or
18 instructions that are being prepared or have been prepared in a
19 formalized manner and are intended for use in a data network, data
20 program, data services, or data system.
21 (4) "Data network" means any system that provides digital
22 communications between one or more data systems or other digital
23 input/output devices including, but not limited to, display
24 terminals, remote systems, mobile devices, and printers.
25 (5) "Data program" means an ordered set of electronic data
26 representing coded instructions or statements that when executed by a
27 computer causes the device to process electronic data.
28 (6) "Data services" includes data processing, storage functions,
29 internet services, email services, electronic message services,
30 website access, internet-based electronic gaming services, and other
31 similar system, network, or internet-based services.
32 (7) "Data system" means an electronic device or collection of
33 electronic devices, including support devices one or more of which
34 contain data programs, input data, and output data, and that performs
35 functions including, but not limited to, logic, arithmetic, data
36 storage and retrieval, communication, and control. This term does not
37 include calculators that are not programmable and incapable of being
38 used in conjunction with external files.
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 1 (8) "Electronic tracking device" means an electronic device that
2 permits a person to remotely determine or monitor the position and
3 movement of another person, vehicle, device, or other personal
4 possession. As used in this definition, "electronic device" includes
5 computer code or other digital instructions that once installed on a
6 digital device, allows a person to remotely track the position of
7 that device.
8 (9) "Identifying information" means information that, alone or in
9 combination, is linked or linkable to a trusted entity that would be
10 reasonably expected to request or provide credentials to access a
11 targeted data system or network. It includes, but is not limited to,
12 recognizable names, addresses, telephone numbers, logos, HTML links,
13 email addresses, registered domain names, reserved IP addresses, user
14 names, social media profiles, cryptographic keys, and biometric
15 identifiers.
16 (((9))) (10) "Malware" means any set of data instructions that
17 are designed, without authorization and with malicious intent, to
18 disrupt computer operations, gather sensitive information, or gain
19 access to private computer systems. "Malware" does not include
20 software that installs security updates, removes malware, or causes
21 unintentional harm due to some deficiency. It includes, but is not
22 limited to, a group of data instructions commonly called viruses or
23 worms, that are self-replicating or self-propagating and are designed
24 to infect other data programs or data, consume data resources,
25 modify, destroy, record, or transmit data, or in some other fashion
26 usurp the normal operation of the data, data system, or data network.
27 (((10))) (11) "White hat security research" means accessing a
28 data program, service, or system solely for purposes of good faith
29 testing, investigation, identification, and/or correction of a
30 security flaw or vulnerability, where such activity is carried out,
31 and where the information derived from the activity is used,
32 primarily to promote security or safety.
33 (((11))) (12) "Without authorization" means to knowingly
34 circumvent technological access barriers to a data system in order to
35 obtain information without the express or implied permission of the
36 owner, where such technological access measures are specifically
37 designed to exclude or prevent unauthorized individuals from
38 obtaining such information, but does not include white hat security
39 research or circumventing a technological measure that does not
40 effectively control access to a computer. The term "without the
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1 express or implied permission" does not include access in violation
2 of a duty, agreement, or contractual obligation, such as an
3 acceptable use policy or terms of service agreement, with an internet
4 service provider, internet website, or employer. The term "circumvent
5 technological access barriers" may include unauthorized elevation of
6 privileges, such as allowing a normal user to execute code as
7 administrator, or allowing a remote person without any privileges to
8 run code.
9 NEW SECTION. Sec. 3. A new section is added to chapter 9A.90
10 RCW to read as follows:
11 (1) A person commits the crime of cyberstalking if, without
12 lawful authority and under circumstances not amounting to a felony
13 attempt of another crime:
14 (a) The person knowingly and without consent:
15 (i) Installs or monitors an electronic tracking device with the
16 intent to track the location of another person; or
17 (ii) Causes an electronic tracking device to be installed,
18 placed, or used with the intent to track the location of another
19 person; and
20 (b)(i) The person knows or reasonably should know that knowledge
21 of the installation or monitoring of the tracking device would cause
22 the other person reasonable fear;
23 (ii) The person has notice that the other person does not want to
24 be contacted or monitored by him or her; or
25 (iii) The other person has a protective order in effect
26 protecting him or her from the person.
27 (2)(a) It is not a defense to the crime of cyberstalking that the
28 person was not given actual notice that the other person did not want
29 the person to contact or monitor him or her; and
30 (b) It is not a defense to the crime of cyberstalking that the
31 person did not intend to frighten, intimidate, or harass the other
32 person.
33 (3)(a) Except as provided in (b) of this subsection, a person who
34 cyberstalks another person is guilty of a gross misdemeanor.
35 (b) A person who cyberstalks another person is guilty of a class
36 C felony if any of the following applies:
37 (i) The person has previously been convicted in this state or any
38 other state of any crime of harassment, as defined in RCW 9A.46.060,
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 1 of the same victim or members of the victim's family or household or
2 any person specifically named in a protective order;
3 (ii) There is a protective order in effect protecting the victim
4 from contact with the person;
5 (iii) The person has previously been convicted of a gross
6 misdemeanor or felony stalking offense for stalking another person;
7 (iv) The person has previously been convicted of a gross
8 misdemeanor or felony cyberstalking offense for cyberstalking another
9 person;
10 (v)(A) The victim is or was a law enforcement officer; judge;
11 juror; attorney; victim advocate; legislator; community corrections
12 officer; employee, contract staff person, or volunteer of a
13 correctional agency; court employee, court clerk, or courthouse
14 facilitator; or employee of the child protective, child welfare, or
15 adult protective services division within the department of social
16 and health services; and
17 (B) The person cyberstalked the victim to retaliate against the
18 victim for an act the victim performed during the course of official
19 duties or to influence the victim's performance of official duties;
20 or
21 (vi) The victim is a current, former, or prospective witness in
22 an adjudicative proceeding, and the person cyberstalked the victim to
23 retaliate against the victim as a result of the victim's testimony or
24 potential testimony.
25 (4) The provisions of this section do not apply to the
26 installation, placement, or use of an electronic tracking device by
27 any of the following:
28 (a) A law enforcement officer, judicial officer, probation or
29 parole officer, or other public employee when any such person is
30 engaged in the lawful performance of official duties and in
31 accordance with state or federal law;
32 (b) The installation, placement, or use of an electronic tracking
33 device authorized by an order of a state or