State v. Trey M.

¶1 Juvenile defendant Trey M. seeks reversal of his three convictions for felony harassment under RCW 9A.46.020 (discussed below). The primary issue, as certified from the Court of Appeals, Division Three, to this court, is whether the Supreme Court’s decision in Elonis v. United States,_U.S._, 135 S. Ct. 2001, 192 L. Ed. 2d 1 (2015), has any impact on this court’s objective test (i.e., reasonable person standard) for what constitutes a “true threat” under the First Amendment to the United States Constitution. We hold that because Elonis expressly avoids any First Amendment analysis, it…