State v. J.M.

6 P.3d 607, 101 Wash. App. 716, 2000 Wash. App. LEXIS 1452
Court of Appeals of Washington·Decided August 7, 2000·No. No. 44831-5-I·Published·Cited by 11 cases

Opinion

Kennedy, J.

The juvenile court adjudicated J.M. guilty of felony harassment in violation of RCW 9A.46.020(l)(a)(i) and he appeals, contending that reversal is required because the State failed to prove beyond a reasonable doubt that J.M. knew or reasonably should have known that his threat to kill his school principal would be communicated to the principal, and also failed to prove that J.M. knowingly engaged in words or conduct that placed the school principal in reasonable fear that the threat would be carried out. We conclude that the only mens rea intended by the Legislature is as stated in the plain language of section (l)(a)(i) of the harassment statute: The perpetrator must knowingly communicate a threat to cause bodily injury immediately or in the future to the person threatened or to any other person. The State need not prove, in addition, that the perpetrator knew or should have known that the person threatened would learn of the threat, but only that the person threatened did learn of it and, based on words or conduct of the perpetrator, was placed in reasonable fear that the threat would be carried out. The State also need not prove the perpetrator’s state of mind with respect to the words or conduct that placed the person threatened in reasonable fear that the threat would be carried out. Accordingly, we affirm the adjudication.

FACTS

On April 28, 1999, approximately one week after the highly-publicized school shootings at Columbine High School in Littleton, Colorado, two Denny Middle School students, 14-year-old S.B. and 13-year-old J.T., were walking home from school. Thirteen-year-old J.M., who had recently been suspended from Denny Middle School, joined S.B. and J.T. and began to complain about the punishment he received at school. According to J.T., J.M. was angry at Wayne Hashiguchi, the principal of Denny Middle School; John Boyd, a Denny Middle School administrator; and Kevin Sharper, a Denny Middle School security person. The three students began talking about the Columbine shootings and J.M. said, “[T]hat’s like something I would do [720] [but] I’ll only kill Mr. Hashiguchi, Mr. Boyd and Mr. Sharper.” Clerk’s Papers at 43. J.M. stated that he and his neighbor had a plan to enter the school, kill these men, and then move out of state. According to J.T., J.M. seemed excited and was “socking” his own hand as he spoke. Report of Proceedings at 39. S.B. also observed that J.M. was excited and anxious.

At first, S.B. did not take J.M.’s statements seriously. But “[a]s he thought about it that night he started to think that it was possible [J.M.] would do something like that.” Clerk’s Papers at 43. The next day at school, S.B. told a friend what J.M. had said and asked that friend if he thought J.M. “would carry through on his threat.” Id. A Denny Middle School teacher overheard this conversation and reported it to a school counselor. The counselor brought S.B. to Hashiguchi, and S.B. told Hashiguchi what J.M. had said the previous day. Hashiguchi — who was aware of J.M.’s disciplinary problems at school and had observed J.M. “cry and be emotional, angry and loud” — was “shocked, surprised and concerned” and “afraid for his personal safety [.]” Id. at 44.

Hashiguchi reported the incident to the Seattle Police Department, and the State charged J.M. with felony harassment. At J.M.’s adjudicatory hearing at the close of the State’s case, J.M. moved for dismissal, arguing that the State presented insufficient evidence that J.M. knew his threat would be communicated to the school principal. The juvenile court disagreed that it was necessary for the State to prove such knowledge, and denied the motion. Subsequently, the court found that J.M. made threats that were communicated to Hashiguchi, that J.M. made these threats knowingly, and that Hashiguchi’s fear for his safety was reasonable, in light of the recent shootings at Columbine High School, J.M.’s disciplinary record, and Hashiguchi’s personal experience with J.M.’s emotional reaction to disciplinary measures that had previously been imposed. The court adjudicated J.M. guilty of felony harassment. J.M. appeals.

[721] DISCUSSION

I. The Elements of Harassment

J.M. contends that the harassment statute, RCW 9A.46-.020, requires the State to prove that he knew or reasonably should have known that the threat he communicated to two school chums to kill the school principal would be further communicated to the school principal, and that he also knowingly engaged in words or conduct that placed the principal in reasonable fear that the threat would be carried out. Insofar as here pertinent, the harassment statute reads as follows:

(1) A person is guilty of harassment if:
(a) Without lawful authority, the person knowingly threatens:
(i) To cause bodily injury immediately or in the future to the person threatened or to any other person; [and]
(b) The person by words or conduct places the person threatened in reasonable fear that the threat will be carried out.

RCW 9A.46.020(1). “Threat” means, inter alia, “to communicate directly or indirectly the intent.. . [t]o cause bodily injury in the future to the person threatened or to any other person[.]” RCW 9A.04.110(25)(a). Harassment in violation of RCW 9A.46.020(l)(a)(i) by threatening to kill the person threatened or any other person is a class C felony. RCW 9A.46.020(2).

Free access — add to your briefcase to read the full text and ask questions with AI

State v. J.M., 6 P.3d 607, 101 Wash. App. 716, 2000 Wash. App. LEXIS 1452 (Wash. Ct. App. 2000).

6 P.3d 607 (State v. J.M.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

State Of Washington, V. Ernest J. Kornegay
Court of Appeals of Washington, 2022
State Of Washington v. Robert Ford
Court of Appeals of Washington, 2016
State v. Morales
298 P.3d 791 (Court of Appeals of Washington, 2013)
State of Washington v. Jesus Vidales Morales
Court of Appeals of Washington, 2013
State v. Becklin
137 P.3d 882 (Court of Appeals of Washington, 2006)
State v. J.M.
28 P.3d 720 (Washington Supreme Court, 2001)
State v. GS
17 P.3d 1221 (Court of Appeals of Washington, 2001)
State v. JM
6 P.3d 607 (Court of Appeals of Washington, 2000)