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WPIC 36.22 Stalking—Follows—Definition

11 WAPRAC WPIC 36.22Washington Practice Series TMWashington Pattern Jury Instructions--Criminal

11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 36.22 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Washington State Supreme Court Committee on Jury Instructions
Part VI. Crimes Against Personal Security
WPIC CHAPTER 36. Harassment, Hate Crimes, and Domestic Violence
WPIC 36.22 Stalking—Follows—Definition
“Follows” means deliberately maintaining visual or physical proximity to a specific person over a period of time. [A person follows another if he or she deliberately and repeatedly correlates his or her movements or appearances with another person's in order to have contact with the person.]
[Following does not require that one person follow another while that person is in transit from one location to another. Following may occur when he or she repeatedly and deliberately appears at the other person's home, school, place of employment, business, or any other location to maintain visual or physical proximity to the person being followed.]
NOTE ON USE
The instruction defines a term used in the stalking to-convict instructions, WPIC 36.21 through WPIC 36.21.07. Use the bracketed sentences as applicable.
COMMENT
RCW 9A.46.110(6)(b).
“Following” does not require that the defendant actually make contact with the victim. State v. Ainslie, 103 Wn.App. 1, 11 P.3d 318 (2000) (defendant repeatedly parked his vehicle near the home of a fourteen-year-old girl and got out of car when she was present); see State v. Lee, 82 Wn.App. 298, 306, 917 P.2d 159 (1996) (“We conclude that a person ‘follows’ another within the meaning of the statute if he deliberately and repeatedly correlates his movements or appearances with another person's in order to have contact with the person”), affirmed, 135 Wn.2d 369, 957 P.2d 741 (1998). In State v. Kintz, 169 Wn.2d 537, 553, 238 P.3d 470 (2010), the court noted the statutory definition of following and observed that a person may follow by only doing this once.
[Current as of April 2020.]
End of Document