WPIC 36.24 Stalking—Repeatedly—Definition

This instruction defines a term used in the stalking to-convict instructions, WPIC 36.21 through WPIC 36.21.07.

RCW 9A.46.110(6)(e).

“Repeatedly followed.” RCW 9A.46.110(6)(e) states “[r]epeatedly” means “on two or more separate occasions.” In State v. Kintz, 169 Wn.2d 537, 553, 238 P.3d 470 (2010), the court held the element only required sufficient evidence the defendant maintained visual or physical proximity to a specific person over a period of time on two or more separate occasions. State v Kintz, 169 Wn.2d at 553. In making its decision, the court expressly rejected arguments suggesting “repeatedly followed” required four or six separate acts based on layering other statutes. The court noted the statutory definition of following and observed that a person may follow by only doing this once. State v. Kintz, 169 Wn.2d at 553. See also State v. Haines, 151 Wn.App. 428, 213 P.3d 602 (2009) (statute not unconstitutionally vague and did not require six separate acts).