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Criminal Law

University of Washington School of Law

Washington Law Review

Journal

1997

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Full-Text Articles in Law

Lifesaving Legislation: But Will The Washington Stalking Law Survive Constitutional Scrutiny?, Jennifer A. Hueter Jan 1997

Lifesaving Legislation: But Will The Washington Stalking Law Survive Constitutional Scrutiny?, Jennifer A. Hueter

Washington Law Review

In 1992, the Washington Legislature responded to public demand for a law that would allow criminal prosecution of stalkers by enacting Washington Revised Code section 9AA6.1 10. This stalking legislation makes it a crime to harass or repeatedly follow another person. This law may infringe an individual's right to speak and move freely and, because the law may unconstitutionally limit protected conduct, a defendant may successfully challenge this statute's constitutionality in the future. This Comment examines the potential constitutional challenges to the stalking law and suggests revisions to the current language in the statute.