State of Washington v. C.G., 150 Wash. 2d 604

Summary

The Washington Supreme Court held that a conviction for felony harassment based on a threat to kill requires proof that the threatened person was placed in reasonable fear that the threat to kill would be carried out. The court reversed C.G.'s conviction because the evidence showed fear of possible harm but did not establish reasonable fear that C.G. would kill the victim.

Holdings

1. Under the plain language of RCW 9A.46.020, the State must prove that the person threatened was placed in reasonable fear that the threat made would be carried out. For a felony harassment charge based on a threat to kill, this requires reasonable fear that the threat to kill would be carried out, not merely fear of bodily injury.
2. The evidence was insufficient to support C.G.'s felony-harassment conviction based on the threat to kill Mr. Haney because it did not show that Haney was placed in reasonable fear that C.G. would kill him.

Questions Presented

1. Whether RCW 9A.46.020 requires the State to prove, for felony harassment based on a threat to kill, that the person threatened was placed in reasonable fear that the threat to kill would be carried out.
2. Whether the evidence was sufficient to support C.G.'s felony-harassment conviction involving the threat to kill Tim Haney.

Disposition

reversed_and_remanded